Agenda Packet January 13, 2014.docCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
January 13, 2014-6:30PM
AGENDA
Call to order
Invocation and pledge to the flag
1. A.
B.
C.
Approve the minutes ofthe Commission Workshop ofNovember 18, 2013.
Approve the minutes ofthe Special Called Meeting ofNovember 25, 2013.
Approve the minutes ofthe Commission Workshop ofNovember 25, 2013.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE
FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS.
IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION
AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY
COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Building Depatiment Monthly Activity Repmi, List of
New Business Taxes and Utility Sales Repmi for November.
B. Extend the contract for Chlorine for one additional year to Allied Universal
Corporation at the current contract prices (Bid No. 10 11-08).
C. Award the contract for beach cleaning services to Beachcombers North, Inc. (Bid No.
1213-13) in the amount of $32,916.00 for one year, from November 1, 2013 through
October 31, 2014, and authorize City Manager to sign the new contract.
5. Committee Reports
None.
6. Action on Resolutions
A. Resolution No. 14-01
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING
AND SUPPORTING THE LEGISLATIVE PRIORITIES IN THE FLORIDA
LEAGUE OF CITIES 2014 LEGISLATIVE ACTION AGENDA, PROVIDING FOR
AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
7. Action on Ordinances
A. ORDINANCE NO. 20-13-126, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013
AND ENDING SEPTEMBER 30,2014, AND PROVIDING AN EFFECTIVE DATE.
1
B. ORDINANCE NO. 90-13-220, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 24 OF THE CODE OF ORDINANCES, LAND DEVELOPMENT
REGULATIONS, ARTICLE III, ZONING REGULATIONS, BY ADDING A NEW DIVISION
10, FLORIDA-FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, AND
PROVIDING AN EFFECTIVE DATE.
8. Miscellaneous Business
A. Report on future capital cost replacement for reuse system compared with proposed
rates. (City Manager)
B. Police Department 2013 Citizen Survey. (City Manager)
C. Atlantic Beach Police Department 3rd Qumier 2013 Repmi. (City Manager)
D. Report on through-lots between Beach and Ocean, Report from CD Board. (City
Manager)
E. Rezoning for SPA -13-001000715,201 Mayport Road. (City Manager)
F. Proposal to amend the City Code, Chapter 22, Authority to adjust or waive charges in
appropriate cases for the purpose of making the policy more generous. (City Manager)
G. Police Building Scope of Work. (City Manager)
H. A ward the contract for Fleet Management and Vehicle Maintenance Services to
. (Note: A revised staff repmi will be provided prior
to the workshop.)
I. Contract for the SunGard One Solution Application (City Manager) (Note: The
contract is being reviewed and should be provided to the Commission when ready.)
9. City Manager
A. City Manager's Report.
10. Reports and/or requests from City Commissioners and City Attorney
A. Discussion conceming AudioNisuall Logistical Issues at meeting locations throughout
the City. (Commissioner Beckenbach)
B. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit
commercial construction within a residential community on Sundays. (Commissioner
Mark)
C. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit
commercial lawn service companies before 9:00 a.m. or after 7:00p.m. on Saturdays
and Sundays. (Commissioner Mark)
If any person decides to appeal any decision made by the City Commission with respect to any matter
considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need
to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and
evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to
the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance
to the Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item.
However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the
agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00
PM, Friday, Janumy 10,2014.
2
WELCOME
To the Atlantic Beach City Commission Meeting
We will conduct meetings of the City Commission with a level of civility and respect that
the democratic process deserves. This allows for better public input and supports
making the best decisions for the citizens who we are here to serve.
We ask that everyone in the meeting practice the following principles of Respect for
each other.
RESPECT
Refrain from putdowns, criticism and personal attacks
Encourage others to state their views
Support each other, even if you don't agree
Practice active listening
Express yourself assertively, not aggressively, not submissively
Collaborate, do not compete or collude
Trust each other, unless and until such trust is violated
The New Managers Toolkit: 21 Things You Need to Know
MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION
HELD IN THE COMMISSION CHAMBER ON NOVEMBER 25, 2013
City Commission Members present:
Mayor Carolyn Woods
Mayor Pro Tern Maria Mark
Commissioner Mark Beckenbach
Commissioner Jimmy Hill
Staff present:
Jim Hanson, City Manager
Alan Jensen, City Attorney
Donna Bartle, City Clerk
Nancy Bailey, Recording Secretary
Absent:
Commissioner Jonathan Daugherty
The meeting, which was held for the purpose of discussing the agenda items for the Commission
Meeting of December 9, 2013, was called to order at 9:20p.m. by Mayor Woods.
1. A.
B.
C.
D.
Approve the minutes of the Regular Commission Meeting ofNovember 12, 2013.
Approve the minutes of the Commission Workshop of October 21,2013.
Approve the minutes of the Special Called Meeting of October 28, 2013.
Approve the minutes of the Commission Workshop of October 28, 2013.
There was no discussion on this item.
2. Courtesy of Floor to Visitors
Mayor Woods opened the Courtesy of the Floor to Visitors. No one from the audience spoke so
she closed the Courtesy of the Floor to Visitors.
3. Unfinished Business from Previous Meetings
A City Manager's Follow-up Report.
City Manager Hanson reported on the Salt Air drainage project, stating a survey was sent to the
219 residents affected by this project and 105 were returned. He stated they took out three
blocks which were not affected and should not have had the survey sent and of the resulting
owners and residents who returned the survey 56 or 80% supported the project and 14 or 20%
were opposed. He stated the tabulation was attached to the agenda. He stated unless otherwise
instructed by the Commission staff will proceed with the design and bidding on this project and
bring it back to the Commission when they are ready to ask for an approval of a contractor. Mr.
Hanson answered questions from the Commission. Discussion ensued.
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
Minutes -City Commission Workshop
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November 25,2013
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Building Department Monthly Activity Report, List
of New Business Taxes and Utility Sales Report for October.
B. Extend the Utility Contractor contract for one additional year to Gruhn May, Inc.
at the current contract prices, effective January 11, 2013.
C. Award the construction contract to F & G Construction for $39,848.00 to
complete the Tideviews ADA Trail using the funds in account 320-6040-572-
6300 to fully fund the project and authorize staff to sign associated paperwork.
D. Award the annual contract for Welding Troubleshooting and Repair to
Hutchinson Welding & Repair, LLC at the prices submitted in Bid No. 1314-01.
E. Award the contract for beach cleaning services to Beachcombers North, Inc. (Bid
No. 1213-13) in the amount of$32,916.00 for one year, from November 1, 2013
through October 31, 2014, and authorize City Manager to sign the new contract.
F. Authorize the City Manager to sign the Radio Services Agreement between the
City of Atlantic Beach and the City of Jacksonville.
Mayor Woods read the Consent Agenda.
Commissioner Hill asked to discuss Item E, stating he did some research on beach raking and
there is clear evidence that raking increases, by a measurable percentage, the erosion in almost
every study he looked at. He asked why are we raking our beach if it is eroding our beach and
then paying to dredge them. He stated he wants to remove raking from the contract. He stated
he has no trouble with the provider but we have asked them to do something that he believes is a
mistake for several reasons. Mr. Hanson stated the Public Works Director is on vacation but will
have more information at the next meeting.
Commissioner Beckenbach questioned the cost of the towers in the Radio Services Agreement.
Mr. Hanson clarified his concern about the cost.
Mayor Woods stated she also researched the beach raking and there seems to be a lot of benefits
for our bird and turtle life to not rake and if they have consensus they could look into taking that
out of the contract. Further discussion about beach raking ensued.
5. Committee Reports
None.
6. Action on Resolutions
A. Resolution No. 13-19
A RESOLUTION OF THE CITY OF ATLANTIC BEACH TERMINATING THE
APPOINTMENT OF ALAN C. JENSEN AS CITY ATTORNEY AND PROVIDING AN
EFFECTIVE DATE.
B. Resolution No. 13-20
Minutes -City Commission Workshop
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November 25,2013
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING THE FIRM OF
KOPELOUSOS, BRADLEY AND GARRISON, P.A. AS INTERIM CITY ATTORNEY AND
PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 13-17
A RESOLUTION OF THE CITY OF ATLANTIC BEACH TERMINATING THE
APPOINTMENT OF JAMES R. HANSON, AS CITY MANAGER AND PROVIDING AN
EFFECTIVE DATE.
D. Resolution No. 13-18
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING NELSON VAN
LIERE AS INTERIM CITY MANAGER AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods stated she would have discussion on all the Resolutions at the same time. She
stated she understands people wanting an answer and wanting to see a smoking gun and a real
reason. She gave her background of involvement with the City. She stated she has worked with
these gentlemen for a long time and has seen them at their jobs, they have seen her at her job,
and they have had some political differences. She stated the past two elections have definitely
been about administrative changes and the people who were proponents of administrative
changes have won these elections. She stated she is not going to get into specifics but could
probably go on for 5-6 hours for different reasons why she believes these are positive changes.
She stated she is not going to do that; it is without cause for a reason. She stated it is a courtesy,
for one so that people's reputations and names don't get drug through the mud and also the other
issue of opening the City up for liability because of things that were said or not said. She stated
there have been a lot of accusations that this is a personal vendetta; it is not at all a personal
vendetta. She stated she believes there is someone with a personal vendetta against her and she
believes they have all seen those emails that go around and around, but that is not what this is.
Commissioner Hill stated, after listening to the comments, it is his job to ingest himself as deep
as possible into every issue and try to understand every issue completely. He stated he is not
new here, he didn't just get here, he didn't come here on a train this week; he has been here 30
years and understands the issue as well as anyone in the room. He stated he understands there
are very good points on both sides of the issue and any decision made will not be about a
personal vendetta if he has anything to do with it and anything that is done will only be in the
best interest of the citizens of Atlantic Beach as a whole for the longest period of time and the
most citizens. He stated he made a point to run his campaign on changing the direction, not the
long-term direction but the short-term direction we have been in as a City. He stated he did not
run on changing personnel but that is a possibility that has to be looked at and to open up a big
conversation about cause will shut doors that puts the citizens of Atlantic Beach financially liable
for that action. He stated he has heard a lot of people talking about the silence and a lack of
information; it is a procedural reality and every lawyer in this room needs to realize that the
procedural side of it is why the silence has been there and much less to do with the personal
vendetta, in his case. He stated he doesn't know or will he ever speak to another
Commissioner's thoughts but in his case there is not any personal vendetta at all, it is what is
ultimately best for the citizens. He stated whatever happens will be well researched and well
thought out.
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November 25,2013
Commissioner Mark stated she has a couple of issues related to these resolutions. She stated we
have a fellow Commissioner who is not here tonight to discuss something as serious as
terminating two of our key City personnel and believes it was disrespectful and dismissive for
our Mayor-Commissioner to not defer these items until he was able to be here in person,
listening to the comments, facing the community and citizens here. She stated the second issue
she wanted to bring up was how these resolutions came about and are being proposed. She
stated it is no secret that Mayor-Commissioner Woods has wanted to terminate these two
gentlemen and she wanted to make it clear that when she ran two years ago and was elected she
did not run on changing any personnel. She stated changing status quo for her was changing the
elected officials. She stated the elected officials are the ones who have the power and make the
decisions and policy and then they have the administration to carry it out. She stated if the
administration is not carrying it out the way they believe they should be, then there is time for
change. She stated to just terminate two key City people with where we are as a City and where
we are going in the next several months, we could be opening ourselves up for a lot of liability.
She stated we have a major project that we are now under contract to finish by a certain deadline,
which is a key project that the City Manager will be heavily involved in. She stated we have the
tipping fee issue, the Interlocal Agreement and other things coming up that we are going to have
to negotiate with Jacksonville if we want to see it come to pass. She stated who better to
negotiate that for the City than the attorney who has been here for 25 years. She stated a law
firm out of Orange Park really makes her nervous. She stated the other piece to this is how our
Mayor-Commissioner has already drafted resolutions naming an interim City Manager with a
10% raise and this finn from Orange Park without even letting the Commission vet this. She
stated she has serious concerns about how those conversations took place, when they took place,
and who else was there when they took place. She stated we are talking about Sunshine,
transparency and she doesn't want to sound like she is putting a negative spin on this but when
she saw those resolutions she was shocked. Mayor Woods stated, you can't be shocked.
Commissioner Mark stated she wasn't shocked at the termination resolutions; she was shocked at
the appointment that she was already presenting to the Commission for discussion when they
haven't even discussed the terminations yet. Mayor Woods stated she wouldn't expect that they
would come into a meeting and have a vote to replace a City Manager or City Attorney without
an option for a replacement. She stated they are interim replacements and it is up to the
Commission to discuss and decide. She stated if they don't like these interim replacements, offer
up some others. Commissioner Mark asked what do we do in the meantime, if they don't like
the interim replacements but have voted and the vote goes her way and they are terminated, then
what. Mayor Woods stated they are here to discuss it right now and asked if she would like to
offer some other options. Commissioner Mark stated, without Commissioner Daugherty here,
she believes that is highly inappropriate and believes it is being very disrespectful to him sitting
on the dais. She stated we all sit there as equals; no one sits there with any more authority than
anyone else. Commissioner Mark stated she would like to defer this until there is a full
Commission here to take part in this conversation. Mayor Woods stated they can't vote on
anything like that tonight.
Commissioner Beckenbach stated he had said before he was not interested in chaos. He stated
he didn't believe the citizens would really appreciate it if we didn't have something that was
really concrete they could look at and say that will work or not work. He stated he doesn't know
why Commissioner Mark would think that the Mayor would not at least bring something to the
floor. Commissioner Mark stated she did not recall at that discussion that there was any
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November 25,2013
discussion as far as who Mayor Woods was thinking of bringing in to name as an interim or to
name as a law firm to give us legal advice. She stated, in fact, at that workshop she was very
elusive by not being specific at that time what she had in mind and then we get the resolutions
via email last week. She asked if Commissioner Beckenbach knew that Mayor Woods had
already decided on suggesting an interim City Manager. Commissioner Beckenbach stated no he
had no idea until he got that sheet. Discussion ensued.
Commissioner Hill stated he did not take the proposal as anything in stone; there were parts of it
that would absolutely not get a vote from him and there were parts he would like to discuss and
research and he was assuming this was just a part of the process and just a starting point but if it
is not it will struggle. He stated to carry some of those things forward he would like to have that
conversation with a full Commission, which would be at the next meeting. He stated for
procedural reasons they kind of lay out the basics here and do the meat and potatoes during the
full seating of the Commission. He stated he doesn't want to offer a bunch of solutions without
the fifth person. Mayor Woods stated the purpose of the workshop is to discuss what is here so if
there are some changes they can make those changes for the next meeting. She stated
Commissioner Daugherty can be here and be in on that discussion as well as Commissioner
Mark and everyone else and he can hear and see everything we are saying to give him a heads up
so he won't have missed the conversation. She stated she is hesitant to let this just drag out and
be a big drain on the community so if there are things they want to discuss about this she is
happy to discuss them at the workshop. Commissioner Hill stated he understands and he does
not want to try to rework it tonight without the fifth here.
City Manager Jim Hanson stated he has probably worked closer with Alan Jensen than anyone
here and for quite a number of years and he has given very good advice to the City for a long
time and has kept us out of a lot of lawsuits. He stated for those few we have gotten into, we
usually won. He stated he believes a lot of that is due to Mr. Jensen's judgment and he respects
him greatly for his commitment to the City. He further thanked friends and supporters who
spoke tonight, stating he is deeply honored by a number of the things that have been said and to
all those people who showed, he says to them it has meant a lot more to him than they can
realize. He stated the job does have its rewards and one of the biggest is for his wife and him to
have had the ability to work and live in Atlantic Beach which is truly a great community, one
component of which is geography. He stated there are a lot of other good cities up and down the
coast of Florida that don't have it nearly as well as we do here. He stated it is more than
geography and believes local government does have an important role to play in how good a
community it is that we live in. He stated the City is in good financial shape, the service levels
are great, the storm water system works and there are a lot of other great things to say. He stated
he wished he could sit here and claim that he had done all of those but he has not. He stated
being the City Manager is in a way like being a quarterback of a football team. He stated it takes
a team to get something done and if the quarterback is the only player you send out on the field
you aren't going to score many points or win many games and will probably get carried off in a
stretcher. He stated you have to do better than that. He stated it has been his great fortune to
have worked with some excellent people over the years, starting with elected officials. He stated
there have been quite a number of elected officials he has been proud to work with who have had
the greatest integrity and their real bottom line in making decisions has been what they really
think is best for the community long-term. He stated we also have an excellent staff. He stated
he is here tonight to tell the Commission he is ready, willing and able to continue as their City
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November 25,2013
Manager for as long as they would like to keep him. He stated he fully understands and commits
to fully supporting every elected official with his best possible efforts, which is no more or no
less than he has offered every City Commissioner since he has been here. He stated he and his
wife hope to continue to live and work in this City and to retire in this community. He stated the
decision on who they want as their City Manager is for the Commission to make and whatever
decision they make he will respect and wish them the greatest of success.
City Attomey Alan Jensen also expressed his thanks and gratitude to the people who came and
spoke for him tonight. He stated the highest recognition you can have in any profession is from
your peers and he is grateful for that and thanked everyone who spoke in that regard. He stated
he and Mr. Hanson do work a lot together and have a very good working relationship. He stated
he depends a lot on his insight on things and they communicate very well. He stated his job is to
protect the City of Atlantic Beach and he has never done anything up here personal to anyone.
He stated when he has done things in the past they have been at the request of this City
Commission and the City and he would like to continue doing that. He stated we do have some
serious issues facing the City right now. He stated he was involved when the first Interlocal
Agreement was done and filed a lawsuit in the early '90s that resulted in the second Interlocal
Agreement when Lyman Fletcher was Mayor. He stated the effort he has put into representing
the City is not limited to these meetings. He stated it is a privilege and an honor to represent the
City and he does that to the best of his ability. He stated if they make a change, it is the
Commission's decision. He stated he is ready, willing and able to continue to be their City
Attomey and whatever their decision is he will support it wholeheartedly because it is in the best
interest of the City for him to do that.
Mayor Woods stated they will carry the discussion forward to the next meeting.
Item lOA was taken out of sequence and acted on at this time.
1 OA. Human Rights Ordinance.
Commissioner Mark stated she would like to present at the December 9 meeting a discussion to
move forward on looking at enacting the ordinance. She stated there are some major steps
beyond that once they get Commission consensus to move forward. She stated she could ask for
that now or when they have full Commission so Commissioner Daugherty will have a chance to
watch the video and get the information to make his decision to agree or not. She stated if the
Commission is prepared to discuss that, she is open for that discussion.
Commissioner Hill stated there is a massive enforcement issue that has to be addressed before
they can enact an ordinance because it has to be enforceable. Commissioner Mark agreed stating
that is going to entail a lot of work on its own and before they engage on that task, she wants to
get consensus from the Commission that they do want to move forward in finally approving an
HRO. Mayor Woods stated there are a lot of important questions that need to be answered, the
language they have right now is nowhere near final. She stated what they will be voting on
December 9 is whether they want to move forward in getting some of those questions answered
and to try to start to develop an ordinance. Commissioner Mark stated, knowing that, depending
on how those next steps go it may be that they can't pass it because of some issue that may come
up. Commissioner Hill stated 80% of the people spoke on protecting mostly juveniles but the
ordinance specifically excludes those under 18. He stated he believes they need to look for more
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November 25, 2013
generic language that will not exclude a specific group that they haven't found yet and has not
been identified in their proposed ordinance. He further stated an entity that didn't pass the
ordinance shouldn't enforce our ordinance.
Commissioner Mark stated she and City Attorney Jensen have had numerous conversations and
he has been in contact with representatives of the coalition who are also lawyer heavy to talk
specifically about enforcement and how they can do that without it being a burden on the City
and without the City having to take that responsibility. She stated they are looking at some
viable options that should address those concerns but those are details that need to be worked
out. Mr. Jensen stated the Human Rights Commission of Jacksonville will enforce it for us if we
sign an Interlocal Agreement with Jacksonville and if that agreement is approved by their City
Council and either not signed or not vetoed by the Mayor of Jacksonville. Commissioner Mark
stated there are some other outside factors that we don't have control over at this point in time,
but before they begin to explore those other areas of questions, she didn't want them to do all
this work and then the Commission not want to pass it. She stated she is trying to take this one
step at a time.
Mayor Woods clarified the vote on December 9 will be whether they move forward with
investigating all the questions they have to start to work toward an ordinance. She stated they
are not voting to approve anything.
Commissioner Hill stated because of the effort at the State level if they are going to vote to do it
he would like to include some type of proclamation to let the State know our view to move
toward handling it because they have a lot of the enforcement we would need. He stated if they
endorse the concept they should give their voice to the State also.
Mr. Jensen explained he spoke with Charles McBurney, a lawyer and State Representative, who
said there is no active pending legislation filed that is coming up in the next legislative session.
He stated he agreed with Commissioner Hill that if they decide to go forward it would be good to
send a resolution to our Duval Delegation asking them to take it to the State to let the legislature
know what they want to do.
Mayor Woods stated she believes there was consensus but they will finalize that on December 9.
7. Action on Ordinances
A. ORDINANCE NO. 20-13-126, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND
ENDING SEPTEMBER 30,2014, AND PROVIDING AN EFFECTIVE DATE.
Finance Director Nelson Van Liere explained this ordinance is for the JAG grant, the COPS
grant and installation of an electronic gate system for Dutton Island.
B. ORDINANCE NO. 90-13-220, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 24 OF THE CODE OF ORDINANCES, LAND DEVELOPMENT
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November 25,2013
REGULATIONS, ARTICLE III, ZONING REGULATIONS, BY ADDING A NEW DIVISION
10, FLORIDA-FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, AND
PROVIDING AN EFFECTIVE DATE.
Mr. Hanson explained the State-issued permit to operate the stormwater system requires us to
adopt a Florida Friendly Fertilizer Ordinance because they want the cities to enforce it. He
stated this proposed ordinance would regulate the use of fertilizers by requiring training for
commercial services that use them and provides rules for their application, but does not restrict
homeowners who apply the fertilizers although it is strongly recommended that they follow the
best management practices. He stated they do not expect significant additional cost to enforce
this. He answered questions from the Commission.
8. Miscellaneous Business
A. Crosswalk on Seminole Road at David Street (deferred from 10/28/13
Workshop).
Chief Classey presented a slide showing all the crosswalks along Seminole Road. He
summarized the history of the studies on the crosswalks and explained in detail the reasons a
crosswalk was not recommended for this intersection.
Commissioner Hill stated he believes the citizens have demonstrated the need for a crosswalk.
Discussion ensued.
Mr. Jensen stated City Code Section 19-6 requires the police department to declare this area a
traffic safety hazard area before they can put a traffic calming device there and asked if this is
considered a traffic calming device. Chief Classey stated he would say stop signs, yield signs,
crosswalks are all considered to be traffic controlling/calming devices. He cautioned the
Commission that if these decisions are made by less than just the objective statistical data, the
door is opened. Discussion ensued.
B. Community Development Board recommendation on boats/trailers in front yards.
Building and Zoning Director Mike Griffm stated the Community Development Board met on
11/19/13 and their unanimous recommendation was to not change the current ordinance related
to parking boats and recreational vehicles in the front yard. He answered questions from the
Commission. He showed a slide of the surrounding jurisdiction requirements for boats, trailers
and campers and of a lot with a 20 ft. front yard setback. Discussion ensued.
C. Request for a Waiver from City Code Section 19-7 Driveway Limitations to allow
a Circular Driveway on a Lot with Less Than 100 Foot Frontage.
Matthew Kachergus, homeowner of 344 Plaza Drive, explained the basis for his request,
stating he believes it would be esthetically more pleasing to the neighborhood and asked that the
Commission look favorably upon the waiver. Discussion on impervious surface ensued.
D. Mayor Pro-Tem Appointment.
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There was no discussion on this item.
E. Board Member Review Committee Appointment.
There was no discussion on this item.
November 25, 2013
F. Report on Activities of the North Florida Utility Coordination Group (NFUCG)
and approval to sign the Joint Defense/Common Interest Agreement.
Public Utilities Director Donna Kaluzniak summarized her staff report. She stated City Attorney
Jensen has reviewed the Agreement and had no problems with it. She answered questions from
the Commission.
G. Marsh Multipurpose Path Design and Permitting RFP #14-03.
City Manager Hanson explained the proposals from consultants are to be opened and scored and
the report will be forwarded to the Commission prior to the December 9, 2013 meeting. He
stated staff recommends that if negotiations come up to a reasonable scope and price and are
within the budget that staff be authorized to sign off on it, which will save a month in time. He
stated this will allow the project to be done early enough in the spring so they can meet some of
the project deadlines for grant applications.
9. City Manager
A City Manager's Report.
None.
10. Reports and/or requests from City Commissioners and City Attorney
A Human Rights Ordinance.
This item was taken out of sequence and acted on earlier in the meeting.
B. Discussion concerning AudioNisuall Logistical Issues at meeting locations
throughout the City.
Commissioner Beckenbach ask to defer this item to the next workshop, December 16, 2013.
C. Videotaping meeting/additional budget.
Mr. Hanson explained they have 30 meetings that are already budgeted for, which includes all of
the regular Commission meetings and the budget workshops. He stated some people have asked
recently that the City start putting in all the Commission's workshops, which is above our
budget. He stated there was also a last second request to televise the workshop dealing with the
police building. He stated the question is whether they want to increase the budget to give
enough flexibility to televise all of the workshops, which would be about another 8 workshops
and about $1,200 added to the budget amendment. He stated they could do that before the first
reading and they wouldn't have to trip it back to another reading. Mayor Woods pointed out that
Minutes-City Commission Workshop
Page 10
November 25,2013
this is the budget amendment discussed earlier tonight that has three items on it, so it would now
have 4. Mr. Hanson stated they could go farther and tape the Community Development
meetings, the Code Enforcement Board meetings, the Special Magistrate meetings, etc. but he
believes it appropriate for the Commission to express which meetings they want videotaped, set
a budget for it and do it rather than every time somebody calls and asks for a meeting to be
videotaped then staff has to come up with extra money. He stated if the Commission would pick
out what they want they can put it in the budget and that will be what they do. Commissioner
Mark clarified that to have 8 additional meetings videotaped would be an additional $1,200. She
stated as far as extending the videotaping to the other boards and committees, she is not
supportive of that at this time but would like to continue to do the Commission meetings and
workshops and see how the interest is building and then that may be a discussion at a later date.
Mayor Woods agreed. Mr. Hanson stated staff will amend the Budget Amendment before
December 9 to add $1 ,200 and take it as a first reading then and it won't have to be amended.
D. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit
commercial construction within a residential community on Sundays.
Commissioner Mark stated this was just to get feedback, stating they had two people who were
against this.
E. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit
commercial lawn service companies before 9:00 a.m. or after 7:00 p.m. on
Saturdays and Sundays.
Commissioner Mark stated there are two parts and asked for comments from the Commission.
Commissioner Beckenbach stated during the summertime he knows what it is like to cut a lawn
at noon versus cutting a lawn at 7:00 a.m. and if they are going to allow the homeowner to do
this he would not have a problem in allowing an individual who is not an owner to do it. He
stated those guys do not want to work at 12:00 or even 9:00; it gets really hot during the summer.
He stated, from people he knows in commercial construction, if they are putting a roof on and
there is a rainstorm coming they will work around the clock to finish and if this were in effect on
Sunday, this would prevent them from doing that. Discussion ensued.
11. Courtesy of Floor to Visitors
Mayor Woods opened the Comiesy of the Floor to Visitors.
Paul Gunsaulies, 780 Begonia St., stated he asked the Community Development Board about
the issue about having property lines in the middle and asked them to address that, which they
completely ignored. He stated he believes we are missing some facts one being how many
people are affected and the other being where the other cities measure from. He stated he would
also like to hear Commissioner Daugherty's points on this as well because he is the one who
struied this process.
Minutes -City Commission Workshop
Page 11
November 25, 2013
Mike Whalen, 1420 Mayport Road, concerned about the property going in on the comer of
Atlantic and Mayport Road stating he does not believe it is good for the City. He stated he will
discuss this with each Commissioner.
No one else from the audience spoke so Mayor Woods closed the Courtesy of the Floor to
Visitors
Adjournment
There being no further discussion by the City Commission, Mayor Woods declared the meeting
adjourned at 11 :23 p.m.
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor
*Formal action (if needed) will be taken at the Commission Meeting of December 9, 2013.
MINUTES OF SPECIAL CALLED MEETING OF
ATLANTIC BEACH CITY COMMISSION HELD ON NOVEMBER 25, 2013
PRESENT: Mayor Carolyn Woods
ALSO:
ABSENT:
Mayor Pro Tern Maria Mark
Commissioner Mark Beckenbach
Commissioner Jimmy Hill
Jim Hanson, City Manager
Donna Bartle, City Clerk
Nancy Bailey, Recording Secretary
Commissioner Jonathan Daugherty
The Mayor called the meeting to order at 6:31 p.m. in the Commission Chamber. She explained the
procedures for the Special Called and Workshop meetings.
1. Comtesy of the Floor to Visitors
Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and
explained the process for public comments. After polling the audience, she stated the speakers would
be limited to 3 minutes. She recognized former Mayor of Jacksonville John Delaney, former Mayors
of Atlantic Beach Don Wolfson, Lyman Fletcher and Bob Persons and former Commissioner Paul
Parsons, who were in the audience.
Teresa Flores, 233 Belvedere St., addressed the proposed crosswalk at David St. and Seminole
stating they would like an evaluation done for that intersection again or an explanation for why they
didn't get one and the other two intersections did.
Linda Almeida, 282 Magnolia St., expressed her concerns about the proposal to allow citizens to run
their leaf blower at 7:00 a.m. but not allow lawn businesses doing the same thing to start before 9:00
a.m. She stated this needs to be considered more. She stated she is all for quiet, but is also all for
business.
The following speakers spoke in support of the Human Rights Ordinance:
John Delaney, 110 Bowles St., Neptune Beach
Julie Durden, 4041 Eunice Rd., Jacksonville Beach
Christopher Martin, 44 Dewees Avenue
Mallory Garner-Wells, 737 N.W. 24th Avenue, Gainesville, Public Policy Director for Equality
Florida (distributed pamphlets to the Commission)
Nadine McDade, 54 East Coast Drive
Linda Fisher, 637 Lower 8th AvenueS., Jacksonville Beach
Lyn Lazarus, 540 Hopkins St., Neptune Beach
Jimmy Midyette, 5683 Solomon Rd., Jacksonville
Tom Minette, 1206 N. Laura St., Jacksonville
Michael Farmer, 1021 Garden Plaza, Statewide Field Director for Equality Florida
Raoul Sanchez, 1445 Seminole Road
Collier Summers, 237 Magnolia Street
Monica Osborn, 1470 Marshview Ct.
Karen Summers, 237 Magnolia Street
James Eddy, 222 Lawhon Ave, Jacksonville
Jessica Osborn, Statewide Outreach Coordinator for Equality Florida
Peyton Hopkins, 95713th AvenueS., Jacksonville Beach
Sue Smith, 1620 Sunnyside Avenue, Jacksonville
Kristine Matson, 540 Hopkins, Neptune Beach
Katherine Segura, 5978 Powers Avenue, Jacksonville
Julie Malmstrom, 2042 2"d St. S., Jacksonville Beach
Marcelle Bessman, Jacksonville
Richard Salkin, 336 Sunrise Circle, Neptune Beach
Michael Sheklin, 1985 Brista de Mar Circle
Dale Clifford, 1212 Linkside Drive
Chevara Orrin, 2069 N. Market St., Jacksonville
Cheryl Taylor, 1319 Donald St., Jacksonville
Mark Hill, 1726 Selva Marina Drive
Debran Harmon, 611 Selva Lakes Circle
Marina Hedgini, 721 Neptune Lane, Neptune Beach
Judy Sheklin, 1985 Brista de Mar Circle
Keri Kidder, St. Johns Ave., Jacksonville
Steve Osborn, 1470 Marshview Ct.
Mehmet Hasve, 7701 Baymeadows Circle W.
James Poindexter, 2565 Pine Ridge Rd.
James West, 1445 Seminole Road
Theresa Bugler, 597 Aquatic Drive
John Louis Meeks, Jr., 5350 Arlington Expressway #4308, Jacksonville
Alex Bolles, 986 Stocks St.
Blu Brock, 605 2"d Avenue N. Jacksonville Beach
Mandy Bouton, 213B Cherry St., Neptune Beach
Ann Bolles, 986 Stocks St.
Yvette Hyater-Adams, 312 4th St.
Dan Merkan, 3159 College St., Jacksonville, with Jacksonville Coalition of Equality
Haley West, 1445 Seminole Rd.
Betsy Dobbins, 2218 Cypress Landing Dr.
Jonathan Griffm, 1445 Seminole Rd.
Joe Barton, 1854 San Marco Blvd, Jacksonville
Michelle Knight, 1494 Linkside Drive
Merrill Sutton, 2218 Cypress Landing Drive
Mark Tomaski, 448 Snapping Turtle Ct. West
Katherine Daye, 475 Whiting Lane
Ann Simpson, 420 Snapping Turtle Ct. East
Diana Haramboure, 420 Snapping Turtle Ct. East
Matt Shafer, 1464 Seminole Rd.
Donald Wolfson, 1725 Beach Avenue
Wells Todd, 1761 Sea Oats Drive
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Marla Buchanan, 1771 Sea Oats Drive
Ira Richardson, 312 19th St.
The following speakers spoke against the Human Rights Ordinance:
Donald Peters, 1902 N. Sherry Drive
Raymond Johnson, 3036 Stratton Lane, Biblical Concepts Ministries, (distributed a packet
of information to the Commission).
Kerry Varkonda, 1865 Live Oak Lane
Commissioner Mark thanked everyone for coming out and thanked Judy Sheklin for working with the
Commission to educate them. She stated she has no doubt that this is something we need and if it is
the consensus of the Commission to move forward they will be working hard. She stated we need to
be the progressive City that moves this forward.
Sally Clemens, 1638 Park Terrace West., addressed the Commission regarding three items: the
Human Rights Ordinance, suggesting discrimination should be defined in a citizen-friendly verbiage
and loopholes must be examined and eliminated, if necessary; Item 1 OD -to prohibit commercial
construction within a residential community on Sunday, stating we are not a gated community and
Sunday means a day off from work and church to her, but this is not the way of life for everybody and
asked if this is discrimination; Item lOE-to prevent commercial lawn service companies from
working before 9:00a.m. and after 7:00p.m. on Saturday and Sunday, stating consideration should be
given for the benefit of the hard working wage earners during the hot days of summer, plus what is the
right of the homeowner who wants the lawn service.
Carolyn Ettlinger, 1230 Ocean Blvd., spoke against the proposed resolutions to replace Mr. Hanson
and Mr. Jensen. She stated she has worked directly with Mr. Hanson and many of the staff. She
stated the City is well managed. She stated this resolution troubles her because it seems to be out of
the blue and rather subjective and maybe even personal. She urged the Commission to vote against
this and then to take a positive action to create a very clear, fair and respectful manner in which to
evaluate Mr. Hanson and Mr. Jensen and the rest of the employees.
Mayor Woods recessed the meeting at 7:56p.m. to allow people to leave; she called the meeting to
order at 7:59p.m. She then resumed the Courtesy of the Floor to Visitors.
Marla Buchanan, 1771 Sea Oats Drive, stated she is disappointed and is against the resolutions to
immediately terminate our City Manager and City Attorney. She stated the manner this has gone
about is inappropriate and appears to be something more than an agenda for the benefit of our City.
She stated she is never opposed to thoughtful discussion and looking at what we are doing as a City,
reviewing things to see if we can do things better but she believes the manner in which this has been
put together is not motivated by that. She asked that it be voted against. She stated it is disappointing
this is the first thing our City is addressing when we have so many other issues before us. She stated
the fact that we were not going to be a divisive City and this was about bringing everybody together
with a new City Commission, it is disappointing that we are here again, clearly a divided community.
She stated she hopes these resolutions will be withdrawn and more thought will be given to this issue.
John Morello, 2295 Oceanside Court, stated he was in favor of the resolutions.
Lynette Dinneen, 110 8th St., stated she is opposed to the firing of the City Attorney and City
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Manager. She keeps hearing that everybody wants this, yet no one has given the citizens of Atlantic
Beach a reason; all you say is everybody wants it. She stated Commissioner Hill is her representative
and she wants to go on records that she doesn't want it and she has not spoken to anybody who wants
this. She stated if someone can give us a reason, but you go on television and say I'm not giving a
reason. She stated that doesn't seem acceptable; that's tragic.
Susanne Barker, 1938 Beachside Court, addressed the resolutions for terminating the employment
of the City Manager and the City Attorney. She stated, not to be political, she is in favor of it. She
stated when we look at our City, we see that some of the biggest money is going to pay for our City
Manager and we are a small City and there are not any rocket science things going on in our fair City.
She stated there is not a lot going on where we need to be having a City Manager being paid over
$lOOK. She stated she believes, with benefits, it is around $183K. She stated she believes that is a
mighty fancy salary for our small town and believes it needs to be looked at. She stated the mean for a
city manager in the United States is $80K, not $183K. She stated also there is nothing in the contract
for a review of performance and that needs to be in any contract they have with an employee. She
further stated although we need a City Attorney, then again we are paying $16,000 for just the health
benefits for him and his family and the retainer is $35,000 for coming to the meetings and then when
you add on to that the hourly rate for representing the City, you are reaching up to around $116K
annually that the City Attorney is receiving from the citizens of Atlantic Beach. She stated she would
rather have them spend money in a different way. She stated we don't need that lavish police station
that was talked about but we do need crosswalks, new safety things, more playgrounds and things for
the community.
Richard Devane, 4217 Fleet Landing Blvd. finds it incongruous that this workshop has two issues
before it which are of opposite objectives. He stated one is to consider an ordinance to ban
discrimination against any person and the other is to discriminate against the City Manager. He stated
should the Commission later pass this anti-discrimination ordinance it would be in violation of its own
ordinance should it frre the City Manager for no tangible reason. He stated some have said the new
Mayor has the right to choose the City Manager to move her agenda forward but this is not the form of
City government we have in Atlantic Beach. He stated the Mayor has a title, but no more power or
authority than any of the other Commissioners. He stated she is one of five equals in setting the
policies and direction of the City. He stated the City Manager is responsible for carrying out the
policies of the City Commission and the management of the staff and employees to that end. He stated
he does not know of any policies set forth by the City Commission which Jim Hanson has not carried
out ably and in the most efficient manner during his tenure. He stated he has known Jim Hanson over
ten years. He stated when he was a newcomer to this job the Commission voted him an annual bonus,
which he declined. When I asked him why, he said there was no money, money was short and the rest
of the staff did not get any bonuses that year and therefore he declined his because he could not be an
effective leader if he did that. He stated that is the kind of guy Jim Hanson is, a leader of the staff. He
stated he believes they have seen it in the results of our City to date. He stated they can hire an
expensive search fum, bring in many candidates and can interview finalists and take six months to
drag this process out, but they cannot find a better City Manager than the one we already have. He
stated he is experienced, professional, honest, hard working and has a track record of solid
accomplishments and he loves Atlantic Beach. He stated, keep Jim Hanson as the City Manager.
Dee Reiter, 1798 Selva Marina Drive, stated she is very concerned about the respect that has not
been shown to Commissioner Daugherty who is not here tonight. She stated he had a trip that was
planned before this was set that required him to be out of town and asked that this meeting be
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rescheduled because he wanted to be here to participate in the discussion, to hear what the community
had to say so he could make an informed decision when it came time to vote on this and Mayor Woods
refused to reschedule the meeting. She asked, what's the emergency and why does it have to be held
tonight. She stated she does not understand why these resolutions provide for the firing without cause
and for them to never be allowed to work for the City again. She stated there is no reason for that, it
makes no sense at all and it is evident there is some personal vendetta agenda against these two men
who have served this City capably and ably. She stated she is positive about that. Ms. Reiter stated
what she would hope is that this City would be run as a business, without the appearance of any
personal agendas or personal vendettas, by the people who have the best interest of this City at heart,
and have the best people who run it, who manage it, who govern it and who can give the best legal
advice. She stated the appearance so far is that this is not being run as a business. She stated while
Mr. Hanson has been the City Manager, the City's wastewater plants have been consolidated to meet
the new standards for the St. Johns River, while at the same time saving several hundred thousand
dollars of operating costs per year; we have had parks added; the property tax rate remains low; the
water and sewer charges are the lowest rates of any utility in the County; service levels are very high;
our streets are clean; we have great drainage systems and we have had a lot of success under his
leadership. She stated we have had a lot of success under Alan Jensen while he has been here as the
City Attorney. She stated it would be a tragic mistake to fire both of them; there is no need for it;
there has been no cause shown even by the acknowledgement of the motion as drafted. She stated if
they want to represent the citizens of the City, do their best and keep these two capable gentlemen.
Mitch Reeves, 1663 Sea Oats Drive, stated he saw on Channel 4, in the news, and in emails on the
City's email that the people of Atlantic Beach want the City Manager and the City Attorney fired and
that through the campaign we just had here in Atlantic Beach that was what people were saying. He
stated he wanted to go on record that he knocked on a lot of doors in six months and many people
talked to him about the great things about Atlantic Beach, many people talked to him about things they
would like to see changed related to how they were treated at City Hall, but did he have anyone ask
him if he would fire the City Manager, he did. He stated but when he asked those people why he
found out it was for a personal reason and not a reason for the City of Atlantic. He stated it was either
an ex-employee who worked at the City or someone who didn't get a special build done on their
house. He stated the ones who just came right out and said I will vote for you if you fire the City
Manager had a personal reason. He stated we have a council here who he trusts to be good leaders and
he believes each one of them, in their hearts, are really good leaders, but a good leader sits down with
good staff and they work out their issues and tell them what they don't like, what they heard from the
public. He stated, say you have a year, and if in a year it comes back and it doesn't change, then he
votes himself out. He stated they need to think about that and how important it is and what they are
doing to change. He stated look at the other cities; Orange Park changed, went through three or four
managers and then hired back the original one they fired. He stated, thank God, he didn't have the
clause that he couldn't come back. He asked that they really think about what they are doing when
they do this. He stated he asked Mr. Hanson how can he sit by someone at a meeting and do his job
and smile and continue to do it and he told him, that's what I get paid to do and that's what I'm going
to do until the day I leave.
Judy Beaubouef, 1209 Beach Avenue, stated she cannot state strongly enough how opposed she is to
these resolutions. She believes these resolutions are terribly detrimental to our City. She stated the
law of unintended consequences is very powerful. She stated our City is in good shape and that didn't
happen by accident. She stated it happened because we have dedicated, talented, long-term staff
keeping the city from going off the rails. She stated our City Attorney and City Manager are two of
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the most critical positions in this City. She stated these positions are not simply fungible; you can't
just put somebody else in and expect the same fine result. She stated on the visible horizon we have
big and important issues that will tmly require strong skills and experience from our City Manager and
City Attorney. She stated we have pressing issues with the City of Jacksonville over the Interlocal
Agreement and we need experience, someone who is strong and has been through this, somebody who
has shown the skills Mr. Hanson has shown. She stated we also need someone who can negotiate for
us as Mr. Jensen. She stated Mr. Jensen is so respected throughout the community, as they saw the
last time we went through this drill. She stated they had lawyer after lawyer coming up talking about
Mr. Jensen as a professional. She stated he is teiTific and we are lucky to have him. She stated, in
fact, we are so lucky to have him that even Mayor Woods said in Resolution 09-17, his dedication to
the community and its people has always been at the highest level of competency and commitment.
She stated, as far as our City Manager, the largest development in decades is coming along in Selva
Marina and asked, do we really want a new City Manager to manage these issues. She stated we need
expenence. She stated in the last election all of them ran on transparency and she hasn't seen a bit of
it here.
Jim Smith, 73 Oceanside Drive, stated he has asked for a legitimate reason as to why we need to
terminate these guys and he can't get one except that the community wants it. He stated when he asks
why the community wants it, nobody can answer that and so far it appears the community doesn't
want it. He stated even the television news media can't get an answer as to why some of you guys
want this. He stated he is absolutely against firing these guys without cause.
Joe Mitrick, 1708 Park Terrace W., stated he is very much opposed to the firing of Jim Hanson and
Alan Jensen and is very much opposed to the resolutions. He stated he believes it would do a
disservice to this community and echo the comments made earlier regarding getting rid of these two
individuals stating it would truly be a loss to this community. He stated they have made this
community special. He stated he served on a community task force when they had the search for the
City Manager position back in the '90s and they reviewed many resumes to look at who would be the
top three to recommend to the Commission for approval. He stated they have seen the credentials out
there and felt Mr. Hanson was the best person and believes he has proven he is the best person, not
only from a capability standpoint. He stated he couldn't pick any city he would rather live in and raise
his two children than Atlantic Beach and the environment he has created. He stated the services for
the City have been exceptional. He stated we have had different Mayors in office but we have always
had Mr. Hanson there and he has been an outstanding representative of this community and has been
very supportive and with his diplomatic skills and his skills in being a good leader and negotiator and
a good business person; our City would have a tremendous loss if either of these individuals were let
go. He stated he believes this is premature; this is really the Commission just coming together now as
a new Commission and a new Mayor and believes it is very premature to make this decision at this
point in time. He stated more thought needs to go into this and echo the comments earlier that we
need to identify what the issues are with these individuals and not make a rash decision. He stated he
wants to know why they are being terminated. He stated he is very much opposed to it.
Tracy Parsons, 1970 Mipaula Court, stated she sees no reason for the firing of Mr. Jensen or Mr.
Hanson. She stated no explanation has been given to anyone and it makes no sense; we will look like
ridiculous citizens if they terminate these valuable employees. She stated she hopes, if the resolutions
are not withdrawn and it does come to a vote, that Commissioner Hill will recuse himself from the
votes since he has only been in contact with these two men for 2-3 weeks. She stated he shouldn't be
voting on it. She stated a year ago when it was recommended that Mr. Jensen be terminated, the
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citizens spoke unequivocally to keep him, and asked why is it coming up again. She stated it makes
no sense to her. She stated it has been mentioned over and over again that Mr. Hanson has kept our
City financially sound; we have no issues with our taxes going up or our services going down and that
is all because we have a good leader and he needs to be retained.
Steve Abrass, 2317 Barefoot Trace, stated ifhe was looking for a new City Manager, he would look
for someone who had the following accomplishments on his resume: extensive experience as a city
manager and the management of a public utility, held tax rates over the term of their tenure,
maintained taxes at a rate lesser than surrounding municipalities, held water and sewer rates lower
than surrounding cities, led significant improvements to the city's stormwater system, oversaw
improvements of the park system, oversaw the acquisition of a new preserve, met mandated nitrogen
standards with sewer systems while significantly lowering operating costs, excellent fiscal manager,
routinely meets budgets, doesn't tap reserves while maintaining services, served as the front man in
negotiations with county government on subjects like tipping fees, one that oversees a police
department that has very low response times and low crime rates, a person with the highest level of
integrity, one that is compassionate and serves the community outside the work hours with
organizations like the Exchange Club. He stated they already have that guy in Jim Hanson, who has
successfully served our City for 14 years under several mayors, harmoniously, until now. He stated
they also have Mr. Jensen who has successfully served our City for 27 years, both as a Commissioner
and as the City Attorney. He asked why are we considering throwing out 41 years of experience. He
stated not once in Carolyn Woods' campaign website or campaign materials was this topic of firing
our City Manager and City Attorney mentioned. He stated, however, the first thing our new mayor did
upon election, even before inauguration, was announce her intentions of terminating these gentlemen.
He stated he finds this to be disingenuous, lacking transparency and disappointing that an Atlantic
Beach elected official would conduct herself in this manner. He stated that is bush league politics and
we deserve better. He stated the Commission has an opportunity to move our City forward, we elected
you to lead, not divide. He asked that they retain Jim Hanson and Alan Jensen so we can avoid a
lengthy period of inefficiency associated with replacing them.
Kirk Hansen, 2393 Ocean Breeze Court, stated "the people have spoken" is the only response he has
gotten when repeatedly asking the question, give me one specific objective reason to fire the City
Manager and City Attorney. He stated he has read the Mayor's campaign material and saw nothing
about the City Manager or City Attorney. He stated he read the Mayor's Beaches Watch interview
and saw nothing about the City Manager and the City Attorney. He stated he attended the Beaches
Watch candidate forum and heard nothing about the City Manager and the City Attorney. He stated
the people have not spoken until tonight because the people were never asked. He stated he hopes the
Commission will listen to the people tonight as they finally speak out.
R.D. DeCarie, 51 Beach Avenue, stated Mr. Hanson and Mr. Jensen have done a great job and the
accumulated experience they have running this town for all these years cannot be duplicated with any
replacement city attorneys or any replacement city managers. He stated we have tried to bring other
people in before with negative results. He stated he is opposed to Resolutions 13-17, 18, 19 and 20
and resents the stacking of the deck against the City Manager and City Attorney with this attempt to
satisfy what he considers an agenda. He stated he believes it is a vendetta. He stated there is no
mandate by the citizenry of Atlantic Beach to replace these two fine gentlemen. He asked the
Commission, what is the positive change that is stated in the papers if they replace the City Manager
and the City Attorney, stating he has not heard an answer about that, and what are the several reasons
of why they should be replaced. He stated it was not a campaign issue and now all of a sudden it is the
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first thing that is being shoved down our throats right at the beginning of a new term of a new
Commission and he believes it is wrong. He stated a City Manager and a City Attorney will certainly
outlast the terms of the current elected officials and any reselection of new manager and new attorney
should be taken very seriously.
Paul Parsons, 1970 Mipaula Court, welcomed Commissioner Hill. He stated for four years he sat on
the right side of Jim Hanson and for four years he sat on the left side of Alan Jensen and there were a
lot of times they disagreed and it was funny how he never won any of those. He stated there are a lot
of reasons that he can understand why people don't like Jim Hanson. He stated he sees nothing but
black and white, and you have to, as a manager. He stated if you go out there and start seeing shaded
areas that is not fair to the neighbors or anyone out there. He stated you have to go black and white
and do what is right for the City. He stated Alan Jensen has corrected him numerous times during a
meeting and he was absolutely right. He stated one lady brought up that he was being paid too much.
He stated during his frrst four years they did a study of what other people around were being paid and
Jim Hanson was underpaid compared to a lot of cities our size, by about $80k. He stated Mr. Hanson
did not take the raises that were offered to him.
Robert Persons, 31110th Street, stated he served as Mayor about 30 years ago and knew Alan Jensen
then as well as when he was in law school. He stated the City was fortunate enough to hire Alan. He
stated if you ask any lawyer in this community who knows him, or knows of him, they will tell you he
is one of the finest lawyers in Florida. He stated if you ask anybody that knows about municipal law,
they will tell you he is one of the top two or three municipal lawyers in this State. He stated there has
been some talk that he makes $116K including his insurance, stating anybody else they hire is
probably going to make more than that. He stated Mr. Jensen works for the City at a reduced rate
because he really cares about Atlantic Beach. He stated he has heard that the citizens want a change.
He stated when he started heming that, he has been asking people if they want to get rid of the City
Attorney and City Manager and he couldn't find anyone who said yes. He stated he can't find anyone
who will give us a reason besides the blanket, well, the citizens, who don't seem to exist, want to get
rid of him. He stated when this comes up for discussion by the Commission we need some articulable
reasons that would justify ending these two gentlemen's years of very, very competent service. He
stated you don't want to lose the two guys, who combined, pretty much constitute this body politics'
institutional knowledge, especially with the Interlocal Agreement coming back up. He stated Alan has
been there for all those fights; he was on the Commission when they started bringing that thing up the
first time. He stated he knows, not just what it says, anybody can read it; he knows why it says it and
why Atlantic Beach demanded this and that and why we can't give them up. He stated you don't want
to lose that kind of knowledge. He stated Jim Hanson has the knowledge for the community about
why something was done.
Mark Tomaski, 448 Snapping Turtle Ct. W., stated he finds it amazing how many attorneys came in
on this to help Alan Jensen and he is glad he has that many friends, but this is not about fi·iendship;
this is a resolution that is about termination without cause. He stated it would be ridiculous for them
to give you cause in public. He asked if you want our City sued or are you baiting them to be sued.
He stated this is without cause. He stated there have been many people who have asked for the
replacement of these two individuals on two occasions. He stated this last election was incredibly
clear that this is what they wanted and for these people to come out and say that isn't the case, I will
just say they are attorneys. He stated there is a loss of confidence that has been established in our
community and with our Commission which has been going on for some time. He stated these
individuals work at the pleasure of the Commission and they can be removed at any point. He stated
-8-
they have elected to bring this in front of you so you can see and they can hear you before they make
their final decision. He stated he believes that is as open government as you can possibly get. He
stated when you have that, you don't want it; when you don't get it, you want it. He stated it is mind-
boggling to hear some of the people up here talking this way. He stated if you want to get down and
dirty and into the nitty gritty he can bring up several reasons to terminate these individuals. He stated
the E. coli scare, as a physician, that was serious and somebody should have been terminated for that.
He stated you haven't seen children who have died or been sick from this type of illness; when it's
bad, it's bad. He stated somebody should have paid the penalty for that; an apology is not acceptable.
He stated that same weekend, he was on call and took a call about a lab value that was abnormal and
he took care of it. He stated there should have been somebody on call; but there was nobody there to
answer the phone. He stated we can talk about the finances; the $11 million spent on the wastewater
treatment facility. He stated the other two cities are bragging on how they spent less than $2 million
yet one of them even got a $20 million system out of it, which was Jacksonville Beach. He thanked
the individuals who live on the beach and within three blocks of the beach who are willing to pay
those taxes to make these gentlemen look good, because if he had that much money to work with he
wouldn't have to pinch pennies and could look very good.
Christopher Martin, 44 Dewees Ave, stated he supports these resolutions to terminate these
gentlemen. He stated it doesn't really matter what he thinks or what anybody else thinks; the issue is
whether or not they have the confidence of the Commission. He stated it seems to him from his
conversations with Commissioners and people in the community that that confidence is not there. He
stated it doesn't matter whether we like them or not; it's about having the confidence of the
Commission.
Luanne Kovacs, 357 4th Street, stated she has a 25 year old son who is a student at UNF in the
Masters Department of Public Administration and he had the pleasure, opportunity and privilege to
hear Mr. Hanson speak at one of his classes and was able to speak to him for a few minutes. She
stated her son told her tonight that he would go to the Commission meeting tonight but he had a final
he can't miss and asked her to go say something. She stated she does not understand what all of
Commissioners' responsibilities are; what she does understand is that she has been living here for 10
years and this City just runs beautifully. She stated she has lived in a lot of places and this is where
she wants to stay. She stated her son said there were so many points he would make if he could be
there but the one thing the Commission really needs to realize is that the average number of years that
a City Manager stays in one place is 7 years and Mr. Hanson has been managing this City very well
for more than double that time and he doesn't understand why a City would fire somebody that stays
twice as long and does a great job. She stated at a time when she, herself, and a lot of people in the
country are a little frustrated with the people on all levels of govemment who are supposed to be
representing her and are too busy being caught up in politics instead of goveming, she hopes that is not
the case here. She stated she hopes they think about it and really do what's best for Atlantic Beach;
maybe not what's best for each one of them personally. She stated as a resident of Atlantic Beach she
is very happy with what's been going on for the past 10 years and her husband and her son are very
proud and her son hopes to be just like Mr. Hanson.
Laura Ferrante, 1760 Selva Marina Drive, stated she has been an attomey for 28 years and has had
the pleasure of working with both Mr. Hanson and Mr. Jensen for at least 10 years. She stated, as a
citizen and as someone who has property here, the best thing you can have is fundamental fairness.
She stated we all have to live by the ordinances and what the policies and procedures of the City are
and we have Commissioners who come and go and people have their agendas. She stated she is not
-9-
saying anyone here has an agenda but people come in as Commissioners and say they are going to do
this and that, but the bottom line is all we really want is fairness; fairness when we want to get a
variance, fairness when we want to do something with our fences, and sometimes people lose because
Mr. Hanson has to look at the ordinances fairly and in black and white, as someone said tonight. She
stated she doesn't know how there could be a loss of confidence by this Commission when Mr. Hill
hasn't even been here and hasn't had any experience. She stated she doesn't understand why there is a
rush to judgment on this. She stated this is a termination, according to these resolutions, without
cause, based on a contract of employment. She stated the contract of employment says that upon a
termination without cause the City is going to have to pay. She stated we talk about having people say
that they are making too much money; by her calculations we are going to pay six months' salary,
benefits, defened compensation, vacation, comp time, holidays, plus 10% for Mr. VanLiere to fill in
the position while there is a search. She stated that is anywhere between $75,000-$100,000 we are
going to pay for no cause, because that is what the contract says. She stated with regard to Mr. Jensen,
we are looking at something very close to that, probably $50,000-$60,000, that the City of Atlantic
Beach has to pay as a penalty. She stated she believes this is a rush to judgment; we don't even really
know what's going to happen. She stated we have an Orange Park firm that is going to be coming to
Atlantic Beach to give us advice and we don't have any idea what their contract looks like or what fees
they are going to charge. She stated we are getting reduced rates from Mr. Jensen and by all her
personal experience and by all accounts here, both of these gentlemen have done a fabulous job
keeping us on track in the City of Atlantic Beach. She stated she would like more time being spent to
investigate this issue.
Ira Richardson, 312 19th St., stated with his experience of 30 years in the Army, a commander has
the right to choose their own staff. He stated the Mayor is freely elected and understands the idea that
she is one among equals among the Commissioners but she is elected by the entire City to be our
leader. He stated it seems to him on day one there should have been a letter of resignation already
filled out by the City Manager, the City Attorney and the Police Chief. He stated she got elected, she
has the support of the majority of the community, and she has the right to choose her own staff. He
stated the last point he has to make about his Army experience is that we are all replaceable; none of
us are so important that we can't be replaced. He stated, in fact, most of us should be replaced. He
stated with the snarkiness and the attitude he has seen on this Council the last year, clearly there needs
to be a change. He stated if you are going to embrace the progression of the community, you have to
be willing to change and you have to have the courage to change. He stated anybody in a position of
leadership should understand when their time has come to give it up and now is the time to come to
give the Mayor her right to choose her team. He stated in a few years, if you don't like it, change the
Mayor.
Dick Hilliard, 338 11th Street, addressed the contract for beach cleaning. He stated it is a waste of
money with what they call raking, they are just dragging the beach, burying the trash that may be
there. He stated all these people need to do is dump the trash cans on the beach and on the walkways,
which they don't do now; they dump the ones on the beach and the City sends down a City employee
to dump the cans 30-40 ft. up the ramp. He stated if they are going to write a contract, let it be for
picking up, like Neptune Beach does, with one person.
Paul Gunsaulies, 780 Begonia Street, stating he is looking for fairness in the application ofthe 15ft.
rule for boats, campers and work trailers. He stated all property lots are not created equal; some have
property lines at the street, some 15 ft. or more off the street. He stated those owners who have
property lines well off of the street are not being treated fairly as the ordinance is currently written.
-10-
He stated all citizens should have the same opportunity to own vehicles without paying exorbitant
storage fees and with having the security and convenience of having their property on their property.
He stated he would only like to see a small change in the wording of the ordinance of from the
property line to from the street or roadway, to make things more uniform for all properties. He asked
that they not succumb to a country club or gated community mentality and vote to make the ordinance
more uniform and fair.
Jeff Montanye, 334 11th Street, stated there were a couple of consistent themes in the majority of the
people speaking against the resolutions to terminate the City Manager and Attorney; one was why is
this for no cause. He stated the main reason for this being done with no cause is to avoid litigation.
He stated perhaps it will cost more money to do it that way, but that assumes the other way, if there
were another way done, would have no cost. He stated litigation is very expensive and it could go on
for years. He stated many of the previous speakers also noted they had talked to a lot of people and no
one they knew wanted this and perhaps this is true. He stated those people, he is guessing, voted for
candidates who didn't win. He stated this is an exercise of political rights, democracy of some sort,
and as the lady who spoke before said, sometimes you have to lose. He stated this is a process that has
been through a number of elections, two at least for sure, and he would think that given the attempt to
terminate the Attorney a couple of years ago, that anyone who was paying any attention to City
government would know the now Mayor's position. He stated if people voted for her they pretty
much knew what she was about.
Buddy Hooten, 172 6th Street, stated he supported Carolyn Woods in the last election, when he didn't
support her in past campaigns because sometimes their politics are not the same, but he believes this
meeting is about the citizenry of Atlantic Beach, not lawyers, doctors, etc. He stated he is talking
about decency and when they spent the first part of this meeting talking about discrimination and
human rights, he has a real problem with terminating someone when you don't know why. He stated
he knows these two gentlemen and has known them for a long time being a resident of Atlantic Beach
since 1978. He stated he grew up in a little town and just doesn't like small town politics when no
reasons are given. He stated he believes these two guys have done a wonderful job. He stated
wonderful things are going on in Atlantic Beach and he just doesn't see the reason to make change
with no reason.
No one else from the audience spoke so Mayor Woods closed the Courtesy of the Floor to Visitors.
2. Justice Assistance Grant
Motion: Authorize the Mayor to sign the related paperwork for the application and the
subsequent paperwork related to the JAG grant. In addition, authorize Michael D. Classey to
submit the application on line and have the authorization to electronically sign the on-line
application on behalf of the Mayor and the City.
Moved by Mark, Seconded by Beckenbach
Chief Mike Classey explained this grant was to be for the purchase of law enforcement-related
equipment in the amount of $2,176, which will be used for two body-mounted video/audio cameras for
officers.
-11-
Votes:
Aye: 4-Beckenbach, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
There being no further discussion by the City Commission, Mayor Woods declared the meeting
adjourned at 9:05 p.m.
ATTEST
Donna L. Bartle, CMC
City Clerk
-12-
Carolyn Woods
Mayor
MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION
HELD IN THE COMMISSION CHAMBER ON NOVEMBER 18, 2013
City Commission Members present:
Carolyn Woods, Mayor
Maria Mark, Mayor Pro Tern
Mark Beckenbach, Commissioner
Jonathan Daugherty, Commissioner (anived at 5:43p.m.)
Jimmy Hill, Commissioner
Staff present:
Jim Hanson, City Manager
Michael Classey, Chief of Police
Donna L. Bartle, City Clerk
Nancy E. Bailey, Recording Secretary
The meeting, which was held for the purpose of discussing the police building project, was
called to order at 5:31p.m. by Mayor Woods. She reported that Commissioner Daugherty called
stating he would be late due to traffic.
Mayor Woods explained the process and format of the workshop, stating this discussion is not to
design a police building but to discuss the process to prepare an RFP and choosing an
architectural firm to help us with this process.
Mayor Woods opened the Courtesy of the Floor to Visitors. No one from the audience spoke so
she closed the Courtesy of the Floor to Visitors.
City Manager Hanson explained the State law called the Competitive Consultants Negotiation
ACT (CCNA) that directs how you hire professionals like engineers and architects. He further
explained the Request for Proposals (RFP) and the Consultant Selection process. He answered
questions from the Commission.
Mr. Hanson also explained the design build process versus design with architect oversight. He
stated to get the questions of how much you can get on this site, flood plain requirements, etc.
answered first would be his recommendation. He stated that would involve getting an architect
with the right experience to come in and look at the site, the cunent building, consider all the
flood issues and then tell them what they can build on this site, how many square feet, what
remodeling would be necessary for the current building, etc. He answered questions from the
Commission related to flood plain issues.
Mayor Woods stated they need to determine what they want in the RFP. She stated the basic
outline on the RFP is an explanation of why you are doing what you are doing and then you list
out the opportunities and constraints. Discussion ensued related to what to include in the RFP.
Mr. Hanson stated he would propose they have one architect and what was proposed last May
was to get an architect to determine what could be built on this site in terms of additional space
and in consideration of all the flood plain requirements and tell them what options they have to
Minutes-City Commission Workshop
Page2
November 18,2013
build a new space, what it would cost to renovate the existing building, and to determine what
relocation issues they may have. He stated he believes that is precisely what they would want an
architect to tell them.
Commissioner Beckenbach stated his preference is to go with design build from the get-go and
move forward. He stated that a design build company would have their own architect who could
come back and tell us what they would be capable of doing, instead of getting an architect and
then afterward get another builder, etc. Discussion ensued related to using a design build firm
only versus getting an architect first, etc.
Mayor Woods stated they need to stick to what needs to go into the RFP such as, the solutions to
the elevation, location on existing site, renovation to existing building, budget, design, future
expansion, policing style and what they need and want. Mayor Woods stated she believes they
should word the RFP so both design build firms and architects can submit proposals and they can
make the decision at that point. Discussion ensued.
The prospect of a design team was discussed who, along with the Police Department, will
determine what is needed and will work with the architects.
Chief Classey pointed out that he believes the building needs to be built according to
accreditation standards and although that may not be a current goal today he would hate to limit
the City in not accommodating those things because they are not big dollar items to be able to do
that and believes that needs to be in the back of everybody's mind. Discussion ensued.
Mayor Woods stated also a part of the RFP is the Space Needs Assessment. Commissioner Hill
stated they must have storage addressed. Chief Classey stated they are currently scanning.
Other items discussed to be on the RFP were Space Planning and determining a Design Team,
which the Commission stated should include ChiefClassey. Commissioner Hill volunteered to
be on the Design Team. Mayor Woods stated there will be a design team that the architect will
work with and that needs to be put in the RFP.
Commissioner Woods stated related to the Building Structure it should be compatible with the
existing building and complementary to and in accordance with the Community Design
Guidelines. Discussion ensued.
Further discussion ensued over whether or not to bring in consultants and the building meeting
Code. Commissioner Woods reiterated that the building structure should be compatible with the
existing, complimentary to our Community Design Guidelines, energy conscious with
consideration of life cycle cost, and they should consider the cost to bring the building up to
Code. Commissioner Hill also pointed out that the air handlers in the existing structure were
Minutes-City Commission Workshop
Page3
November 18, 2013
replaced but the ones on the Fire Station were not and asked if that is our responsibility as owner
of the building or is it the City of Jacksonville's responsibility. Chief Classey stated that is
Jacksonville's responsibility, by the Interlocal Agreement.
Design Requirements were discussed and it was agreed to also include the following in the RFP:
a. Multiple design concepts to choose from
b. Project schedule
c. Logistics schedule
d. 3 5 ft. height limit
e. Specify that site is east of ditch
f. No loss of parking
g. Cost Estimates within budget
h. Dispatch area
1. Future expansion possibilities
J. Server Room
k. Flex space
Mr. Hanson stated in choosing an architect he would recommend they have someone who has
done expansions and renovations of large commercial or industrial buildings while it is in
operation.
Chief Classey stated if there is consideration given to taking it to a second story they will have to
have a structural engineering report done, because it is not clear from the limited plans we have
whether that building will support a second story. Mr. Hanson stated that would be part of what
they would look at to determine what is the best way to get an expansion, whether to go up or
out. Discussion on the Design Requirements listed above ensued.
Commissioner Hill stated we need to get a generator for the City Hall building so we could have
that building as a secondary power and is something to look at in the future.
Mr. Hanson reported they are moving the Animal Control officers to an office in City Hall in the
next couple of weeks.
Commissioner Mark stated there is going to be a lot of money invested in this project and she
believes we would be remiss if we just threw money at it just to fix the problem and not really
plan for the future. Mayor Woods stated that brings up a good point of flex space because she
has heard a lot of space is not being used for what they originally thought it was going to be used
for so if we can ask them to design flex space so as needs change the use ofthe space is
comfortably changed.
Minutes -City Commission Workshop
Page 4
November 18,2013
Commissioner Daugherty stated we are tasking our City Manager to go out and do this RFP with
the police department and yet at the next meeting Mayor Woods has proposed that we fire the
City Manager. Mayor Woods stated he wasn't here in the beginning and the first question
Commissioner Mark asked was who would actually do the RFP and basically it is a staff team
project so it's not one person; all different departments would have a hand in it, including Public
Works, the Police Department, Accounting and the City Manager. Commissioner Daugherty
asked how can he get involved if we fire him in a month. Mayor Woods stated there will be a
City Manager to be involved; we will not be without a City Manager. Commissioner Daugherty
stated he believes if we are going to really focus and try to get this moving we need to have
somebody in place that has experience in this and knows how to do this and he believes Mr.
Hanson is our only staff member who has that experience. Mayor Woods stated that is a
discussion for a different day, right now we are on the Police Building. Commissioner
Daugherty stated it directly affects the Police Building, which is why he is bringing it up. He
stated this was put on the agenda after he said he was going to be gone on the 25th and would like
to make the point that if they are going to try to get these things done and implemented we need
staff in place who have the experience and knowledge. Mayor Woods stated we will; that will be
up to us to have staff in place.
Mayor Woods opened the Courtesy of the Floor to Visitors.
Don Ford, 338 6th Street, addressed the Flood Insurance Rate Map (FIRM) stating what they
are talking about when they set these elevations is what your insurance is going to cost you if
you set at this level. He stated you will get a discount, that's all. He stated that map changes
about every 18 years and we just had a new map come in this August. He stated they need to get
with their expert on staff and find out what the most recent rules are and he believes they will
find that that is a non-issue. He also spoke in favor of design build stating by putting together
the contractor and the architect you don't have the issue of where the contractor is trying to build
a building according to an architect's plans and something is left off that the contractor didn't bid
on and the City gets caught in the middle and has to pay the change order. He stated if they do
design build where the architect is on the staff with the contractor those issues will go away
because they designed it and are expected to build it to their design, which is one of the greatest
advantages of design build.
No one else from the audience spoke so Mayor Woods closed the Courtesy of the Floor to
Visitors.
Commissioner Hill stated to the guys who have to work in the building, it will be a very nice
facility, way nicer than anything they are in at the end of this and it will actually happen. He
stated although it may not be exactly what everybody wants, it will be something they will be
proud to show up to work in and they won't have to be embarrassed to walk the citizens through
it. He stated it will last a long time and will serve their needs and the Commission won't leave
Minutes-City Commission Workshop
PageS
November 18,2013
them without it. He stated it's not their job to pick through it until they can't do their job; it's to
pick through it until they can.
There being no frniher discussion by the City Commission, Mayor Woods declared the meeting
adjourned at 6:56 p.m.
ATTEST
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor
BUILDING DEPT. MONTHLY ACTIVITY REPORT
COMPARISON REPORT
REPORT FOR THE MONTH NOVEMBER 2013
COMPARISION 2012 -2013
PERMIT TYPE NUMBER OF PERMITS I I TOTAL INSPECTIONS I
YTD 2012 YTD 2013 YTD 2012 YTD 2013 YTD 2012 YTD 2013
SINGLE FAMILY 24 I 24 I $ 7,862,045.oo 1 $12,351,5oo.oo I !
DUPLEX ! 0 i 0 i $ -$o.oo 1
REMODEL/ADDITIONS 276 224 I \$ 4,904,682.00 I $3,559,632.00
COMMERCIAL NEW 0 ! 1 I $ -$ 26,880.00
OTHER i 2300 1959
I
$ 8,952,675.00 $ 6,293,492.00 I
TOTAL 2600 2206 I $ 21,719,402.00 I $22,231,504.00 4474 4328
I I
PERMITS ISSUED FOR THE MONTH OF NOVEMBER 2013
NO.PERMITS PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED
SINGLE FAMILY 5 J$ 8,020.00 $ 2,530,800.00 I BUILDING I 171
NEW DUPLEX MUL Tl FAM 0 I$ -i $ -I ELECTRICAL 68
RESIDENTIAL ADDITIONS 3 •$ 590.00 i$ 93,500.00 PLUMBING 55
COMMERCIAL NEW 0 I$ -$ -MECHANICAL I 41
COMERCIAL ADDITIONS 0 !$ -$ -]MISC. 10
COMMERCIAL ALTERATIONS : 2 j$ 140.00 I$ 7,800.00
PERMITS MISC 20 j$ 2,495.00 $ 384,786.00 TOTAL 345
ELECTRICAL 32 1$ 2,630.00 i $ -I
MECHANICAL GAS I 2 I$ 130.00 $ -Projects to Note: New Du(!lex
MECHANICAL HVAC 20 /$ 1,972.00 $ -0
PLUMBING 26 [$ 2,356.00 $ • I
ROOFING 14 j$ 1,430.00 1$ 141,868.00
WINDOW/DOOR 16 I$ 970.00 i $ 71,121.00 Projects to Note: New Dwelling
DEMOLITION I 4 I~ 4UU.UU !;jl -AddressNaluation
I I i
REINSPECTION FEES 6 j$ 330.00 $ -436 Beach Ave I$ 325,000.00
PERMIT RENEWALS 0 ]$ -i $ -1515 Ocean Blvd $ 382,800.00
OCCUPANCY INSPECTIONS 4 j$ 400.00 $ -I 2446 Seminole Rd $ 600,000.00
PENAL TV FEES 3 1$ 444.00 $ 4,800.00 812 Ocean Blvd $ 873,000.00
SIGNS 1 I$ 75.00 $ 15,000.00 877 East Coast Dr $ 350,000.00
FENCES 7 I$ 245.00 '$ -
DRIVEWAYS I 6 i$ 210.00 $ -
WELL 0 I$ -I $ -
SIDING 1 I$ 125.00 ,$ 14,961.00 I
POOL 3 \$ 615.00 $ 92,200.00
TOTAL 175 I$ 23,577.00 $ 3,356,836.00
1 i i I
PREPARED 12/06/13,14:45:41
City of Atlantic Beach
PROGRAM OL122L
LIC # BUSINESS NAME
BUSINESS ADDRESS
AGENDA ITEM# 4A
JANUARY 13, 2014
LICENSE ACTIVITY REPORT BY BUSINESS NAME
NEW LICENSES FOR ALL YEARS BETWEEN: 11/01/13 TO 11/30/13
DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES
ISSUED 'TYP.E CLASSIFICATION
BUS PHONE #
----------------------T----y.------------------------------------------------------------------------
14-00007911 ASHLEGRYRE ..
363 ATLANT·IC BLVD UNIT 13
ATLANTIC BE.I\CH ·FL 32233 .
14-00007914 ATLANTIC NAI'L SPA 469,ATLANTI~ BLVD UNIT 01
ATL~NTIC BEACH FL 32233
14-00007915 ATLANTIC NAIL SPA
469 ATLANTIC BLVD UNIT 01
ATLANTIC BEACH FL 32233
14-00007907 BEACHES AQUATIC POOL INC
297 AQUATIC DR
ATLANTI~ BEACH FL 32233
14-00007908 CRUISEMAX
1791 SEA OATS DR
ATLANTIC BEACH FL 32233
14-00007909 CRUISEMAX
1791 SEA OATS DR
ATLANTIC BEACH FL 32233
14-00007910 CURTIS GLENN BUCKELLEW
452 WHITING LN
ATLANTIC BEACH FL 32233
'
14-00007912 GATEWAY BUSINESS BROKERS
160 11TH ST
ATLANTIC BEACH FL 32233
14-00007913 ISLAND COURIER SERVICE
258 CAMELIA ST
ATLANTIC BEACH FL 32233
14-00007895
14-00007903
14-00007904
14-00007901
14-00007906
14-00007883
14-00007884
GRAND TOTALS
AC:
PP:
IN:
VO:
PG:
BR:
OB:
UC:
LIC:
JIFFY LUBE
1067 ATLANTIC BLVD
ATLANTIC BEACH FL 32233
JOAN MCLOUD
176 MAGNOLIA ST
ATLANTIC BEACH FL 32233
JOAN MCLOUD
176 MAGNOLIA ST
ATLANTIC BEACH FL 32233
MRH SECURITY SERVICES LLC
635 JASMINE ST
ATLANTIC BEACH FL 32233
MRH SECURITY SERVICES LLC
635 JASMINE ST
ATLANTIC BEACH FL 32233
ROMANO BROTHERS.' ROOFING,
155 LEVY RD
ATLANTIC BEACH FL 32233
ROMANO BROTHERS ROOFING,
155 LEVY RD
ATLANTIC BEACH FL 32233
NEW LICENSES
15
1
0
0
0
0
0
0
16
INC
INC
11/26/13 NEW CLOTHING
904-595-5724
11/27/13 NEW COSMETOLOGY SALON
904-583-6245
11/27/13 NEW NAIL SPECIALIST
904-583-6245
11/07/13 NEW MISC. SERVICE ESTABLISHMENT,.NOT LIS
904-246-3822
11/14/13 NEW MISC. PROFESSIONAL ESTABLISHMENT
904-853-6860
11/14/13 NEW MISCELLANEOUS PROFESSIONAL
904-853-6860
11/14/13 NEW MISCELLANEOUS SALES, OTHER THAN LIST
904-250-;8553
11/26/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS
904-372-9157
11/26/13 NEW DELIVERY/MESSENGER SERVICE
904-899-2848
11/07/13 NEW AUTO: OIL CHANGE
972-812-7935
11/14/13 NEW PHYSICAL THERAPIST
904-859-0647
.11/14/13 NEW MISC. PROFESSIONAL ESTABLISHMENT
904-859-0647
11/07/13 NEW MISC. PROFESSIONAL ESTABLISHMENT
904-352-6064
11/07/13 NEW MISCELLANEOUS PROFESSIONAL
904-352-6064
11/07/13 NEW ROOFING CONTRACTOR (FIRM/CORP.)
904-246-5649
11/07/13 NEW MISC. CONTRACTOR, OTHER THAN LISTED
904-246-5649
City of Atlantic Beach, Fl.
Utility Sales Report
November 2013
Gallons Actual Revenue
Water Sales Accounts 0000 Revenue Per 1,000 gl Accounts
Atlantic Beach 5,359 35,333 $131,376 $3.72 5,622
Buccaneer 2,767 15,624 $85,977 $5.50 2,474
Total Water Sales 8126 50 957 $217,352 $4.27 8 096
Gallons
IIWater Plant Production 0000
Atlantic Beach 39,095
Buccaneer 15,657
Total Production 54,752
Total Water Billed 50,957
Water Loss for month: 3,795
Percentage Loss 6.93%
Total12 mo. Avg. Loss 9.23%
Gallons Actual Revenue
Sewer Sales Accounts 0000 Revenue Per 1,000 gl Accounts
Atlantic Beach 5,213 29,441 $229,502 $7.80 5,191
Buccaneer 2,363 17,843 $167,759 $9.40 2,368
Total Sewer Sales 7,576 47 284 $397 262 $8.40 7,559
Gallons Actual Revenue
Sewer Treatment 0000 Revenue Per 1,000 gl
Atlantic Beach 42.434 $397,262 $9.36
Total Sewer Treated 42.434 $397,262 $9.36
AGENDA ITEM# 4A
JANUARY 13, 2014
November 2012
Gallons Actual Revenue
0000 Revenue Per 1,000 gl
36,854 $139,792 $3.79
16,504 $87,829 $5.32
53 358 $227,621 $4.27
Gallons
0000
43,192
17,774
60,966
53,358
7,608
12.48%
15.85%
Gallons Actual Revenue
0000 Revenue Per 1,000 gl
29,875 $230,901 $7.73
18,157 $174,733 $9.62
48,032 $405,634 $8.45
Gallons Actual Revenue
0000 Revenue Per 1,000 gl
52.389 $405,634 $7.74
52.389 $405,634 $7.74
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Extension of Annual Contract for Chlorine
Bid No. 1011-08
Donna Kaluzniak, Utility Director~
December 2, 2013
AGENDA ITEM# 4B
JANUARY 13, 2014
BACKGROUND: Chlorine is used to disinfect both the City's drinking water and the treated effluent
from the wastewater plant.
Allied Universal Corporation, the low bidder for Bid No. 1011-08, has been providing chlorine to the
City for the last 3 years.
The bid specifications allow for two additional one-year extensions of the contract. The City has
contacted Allied Universal Corporation regarding an extension of their current contract for one year at
the current rates and they have agreed.
Prices are reasonable and deliveries are timely.
BUDGET: Funding is included in the Water and Sewer funds under account nos. 400-5502-533-
5200 and 410-5508-535-5200 in the amount of $25,000.
RECOMMENDATION: Extend the contract for Chlorine for one additional year to Allied Universal
Corporation at the current contract prices.
ATTACHMENTS: 1. Letter of agreement to extend contract from Allied Universal Corporation
beginning February 14, 2014.
REVIEWED BY CffY MANAGER: ~
November 26, 2013
Ms. Cathie Guillmod
Allied Universal Corporation
RE: Extension of Bid No. 1011-08
Dear Ms. Guillmod:
AGENDA ITEM# 4B
JANUARY 13, 2014
As you are aware, the annual contract with the City of Atlantic' Beach for Chlorine expires on February
13, ·2014. We would like to extend the contract for another year at the current prices, if this is
acceptable to your company.
If acceptable, please sign below and return to me by December 5, 2013 so I can prepare a staff report
for the City Commission.
We look forward to recommending that we continue our contract with your company.
r;;:~/ '(l
Donna Kaluzn~ CJ
Utility Director
ALLIED UNIVERSAL CORPORATION AGREES TO EXTEND THE CONTRACT WITH THE
CITY OF ATLANTIC BEACH AT THE PRICES SUBMITTED IN BID NO. 0708-12 FOR AN
ADDITIONAL YEAR EFFECTIVE FEBRUARY 14, 2014.
z:'a-rA· ~ '1-:,e.el/~¥
Cathie Guill mod (J'
Public Utilities Department
Date
1200 Sandpiper Lane
Atlantic Beach, FL 32233
(904) 247-5834
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM# 4C
JANUARY 13, 2014
AGENDA ITEM: Bea'ch Cleaning Annual Contract, Bid No. 1213-13
Rick Carper, P.E.; Public Works Director ,.(!...,.c SUBMITTED BY:
DATE: October 4, 2013
STRATEGIC PLAN LINK: No link, Beach Cleaning Services included in Annual Budget
BACKGROUND: On September 25, 2013, a bid opening was held for the Annual
Contract for Beach Cleaning and Raking for the new fiscal year (12-month period).
Because of the nature and sensitivity of dealing with sea turtles during the hatching
season (March 1 -October 31 ), the bid specifications were revised to place more
emphasis on the requirements and protocol of operating on the beach with equipment
during this season. The City requested the bidders supply three references with _
similar project experience in order to secure a beach cleaning company familiar with
. handling these unique requirements.
The City received four (4) responses from companies as shown on the Bid Tab'.
Although Beachcombers was not the low bid, they were the only responder to show
actual beach cleaning experience.
Beachcombers North, Inc. has provided the City with beach cleaning services since
the 1990's. They have demonstrated excellent professionalism and knowledge in
performing their services. During the last 6 years that Public Works has managed the
beach cleaning contract, very few issues have come up and only one incident
regarding the sea turtles occurred which was.quickly discussed and addressed to
avoid similar problems in the future. Beachcombers has shown they will "do what it
takes" to ensure services are· provided properly with concern for the turtles being
paramount while still keeping the beaches clean.
BUDGET: The new fiscal year budget includes $33,000 in account 001-6020-572-3400
(Parks Maintenance, Contractual Services).
RECOMMENDATION: Due to the need for experience in this type of service, staff
recommends awarding the contract to Beachcombers North, Inc. in the amount of
$32,~16.00 for one year, from November 1, 2013 through October 31, 2014, and
authorizing the City Manager to sign the new contract. This cost is the same as the
City has paid for the past four years.
ATTACHMENTS: 1. Bid Tab
REVIEWED BY CITY MANAGER: ==~___...;;;-~lfi:l'{=. ==---· -----------
~--II
r'
i
BID 1213-13
Required Documents
Submission in Triplicate -All Documents
Document Requirements Checklist
Bid Form
Insurance Certificate
References -Three
Business Tax Receipt Receipt (formerly Occupational
License) and any License Required Witliin this Field
Druq-Free Workplace
Public Entity Crimes Statement
W-9 Form
TOTAL ANNUAL COST(!>:~ WEEI<S PER YEAR)
Beachcombers North, Inc.
X
X
X
X
X
X
X
X
X
$32,916.00
City of Atlantic Beach
Annual Contract for Beach Cleaning
September 25, 2013
Faith Construction Group, Inc.
X
X
X
X
X
X
X
X
X
$28,912.00
Foreman Services
X
X
X
X
X
X
X
)(
X
$27,820.00
Award of Bid based on Department Analysis and Commission Approval
.•
3:00PM
Service Group 360 Int., LLC
X
)(
X
X
X
X
X
X
)(
$49,764.00
Carper, Rick
To: Hanson, Jim
Subject: Beach Cleaning (Raking) Follow-Up
Jim, following information regarding raking of beaches is provided:
AGENDA ITEM# 4C
JANUARY 13, 2014
From Trey Hatch, FDEP Beaches and Coastal Systems rep, (the original source of the comment to Jax Beach
PW that discussions were underway about disallowing raking on beaches). The discussions between FDEP
and Fish and Wildlife Services took place about two years ago and primary concern was for beaches (mostly
South Florida) where beaches are groomed and raking is done much more frequently than we do (some places
rake daily). No forward motion or action taken on the discussions. Raking is allowed as long as rack is not
removed from the beach.
I also talked with Kevin Bodge regarding raking -he says in an ideal, natural beach system we would not rake
the beaches because of the nutrients and habitat contained in the seaweed rack. However, we (and much of
Florida) do not have natural beach systems, we have urban beaches, which in most of the state are raked to
meet the needs and desires of residents and tourists. Raking is an accepted practice throughout the state of
Florida.
I talked with Ty Edwards after the last workshop on how Jax Beach does Beach Cleaning:
They have Beachcombers on their beach seven days per week, manually cleaning and emptying
trash cans (both on beach and at street ends) at a cost of -$65/day/mile. They rake the beach once per week
at a cost of $142 I mile of beach per week (raking cost only).
We have Beachcombers on our beach four days per week, manually cleaning and emptying trash cans
(beach only) -our cost -$45/day/mile. They rake our beach once per week at a cost of $190 for 2.46 miles of
beach ($77.23 I mile of beach per week-raking cost only).
The difference between service levels that has been brought up several times is that in Jax Beach,
Beachcombers empties the street end cans, where they do not in AB. In Jax Beach, the street end cans are
mostly in commercial areas or parking lots, where the Beachcomber tractor and trailer do not look out of place.
In AB, our walkways are much longer than Jax Beach's, with street end toters generally located some distance
from the beach, and only two accesses with significant parking (181h, 191h).
Ricky L. Carper, P.E.
Public Works Director/City Engineer
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, FL 32233
rcarper@coab.us
PH: (904) 247-5834
Fax: (904) 247-5843
Florida Public Works -First to Respond, Last to Leave
www .a pwaflorida.com
.1
RESOLUTION NO. 14-01
AGENDA ITEM# 6A
JANUARY 13, 2014
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
ADOPTING AND SUPPORTING THE LEGISLATIVE PRIORITIES IN THE
FLORIDA LEAGUE OF CITIES 2014 LEGISLATIVE ACTION AGENDA,
PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, decisions made by the Florida State Legislature affect cities in Florida in
numerous ways, many of these are mandates or other actions that limit local government
revenues or cause governments to incur expenses and ultimately affect the ability of Florida
cities to provide adequate services to their citizens; and
WHEREAS, involvement by representatives from Florida cities in the legislative process
can help to educate lawmakers in Tallahassee about the needs, abilities and desires of their cities
and residents that they represent; and
WHEREAS, the City of Atlantic Beach, as well as many other Florida cities, are
members of the Florida League of Cities, whose mission is to work for the general improvement
of local government in Florida and its efficient operation through cooperative effort and to help
represent units of local government before the various executive, legislative and judicial
branches of State government on issues pe1iaining to the general welfare of it member cities; and
WHEREAS, the member cities of the Florida League of Cities come together annually to
adopt a legislative platform in anticipation of the upcoming legislative session and that was done
at a conference held in Orlando in November 2013; and
WHEREAS, the Florida League of Cities Legislative Priorities for 2014 include
positions on municipal police officer and firefighter pension plans and disability presumptions,
water policy, communications and local business tax protection, economic development, septic
tanks, the Community Development Block Grant Program, ethics, transportation funding, sober
homes and vacation rentals; and
WHEREAS, it is appropriate for the Mayor and Commission of the City of Atlantic
Beach to join with other Florida League of Cities representatives to jointly supp011 the
Legislative Priorities for 2014 by adopting a resolution of supp011 and distributing copies by mail
and personally to State legislators and other public officials and to otherwise support legislation
that will enhance the ability of the City of Atlantic Beach and other Florida cities to provide
public services efficiently to our citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
Section 1. That the City Commission of the City of Atlantic Beach, Florida hereby
adopts and supports the Florida League of Cities Legislative Action Agenda for 2014 as
approved by the FLC Board which includes positions on municipal police officer and firefighter
pension plans and disability presumptions, water policy, communications and local business tax
AGENDA ITEM# 6A
JANUARY 13, 2014
protection, economic development, septic tanks, the Community Development Block Grant
Program, ethics, transpmiation funding, sober homes and vacation rentals.
Section 2. That the City Commission of the City of Atlantic Beach, Florida hereby
authorizes and directs copies ofthis resolution as well as the 2014 Legislative Action Agenda be
sent to State legislators, State staff and others who may be influential on matters of State policy.
Section 3. That the City Commission of the City of Atlantic Beach, Florida hereby
authorizes and encourages the Mayor and staff to personally meet with State legislators,
legislative staff and others to promote positions outlined in the Florida League of Cities
Legislative Action Agenda for 2014.
Section 4. That this Resolution shall be effective upon adoption.
PASS ED AND ADOPTED by the City Commission of Atlantic Beach, Florida, on this 13th day
of January 2014.
Approved as to form and correctness:
City Attorney
ATTEST:
DONNA L. BARTLE, CMC
City Clerk
Resolution No. 14-01
CAROLYN WOODS
Mayor
Page 2 of2
Proposed Policy:
2014 LEGISLATIVE
ACTION AGENDA
Municipal Pension Reform
AGENDA ITEM# 6A
JANUARY 13, 2014
The Florida League of Cities continues to SUPPORT legislation that protects municipalities' home
rule powers to set and fund municipal employee benefit levels and specifically provides
comprehensive pension reform, disability presumption reform and a mechanism for municipalities to
revoke their election to participate in the Florida Retirement System. The League also supp011s
legislation that provides municipalities with flexibility in the use of insurance premium taxes, as
currently interpreted by the Depa1iment of Management Services.
Background:
Municipal Police and Firefighter Pension Plans:
Prior to 1999, cities were largely free to bargain with local police and fire unions, or provide for non-
unionized police and firefighters, pension benefits that best fit the priorities and needs of the city and
its police and firefighters. In 1999, the legislature amended Chapters 175 and 185, F.S., relating to city
police/fire pensions to require additional insurance premium tax revenues (taxes on property and
casualty insurance premiums) over a base amount be used to provide only "extra" pension benefits to
police officers and firefighters. In aggregate numbers, this mandate has required cities to provide more
than $520 million in new, "extra" pension benefits to police officers and firefighters since 1999. This
mandate to keep providing "extra" pension benefits is not sustainable; rather cities need the flexibility
to use insurance premium tax revenues for the current or decreased level of police/fire pension benefits
to meet city budget constraints.
Beginning in August of 2012, the Depatiment of Management Services (DMS) issued a letter to the
City of Naples that reflect a fundamental change in the depatiment's interpretation on the use of
insurance premium tax revenues. Prior to this letter, DMS had taken the position that if a city reduced
any pension benefit below the statutory minimum benefits or below the plan benefits in effect in 1999,
the city would be ineligible for future premium tax revenues. In the Naples letter, the Division of
Retirement acknowledges that its prior interpretation "appears inaccurate." Since that point, more than
33 municipalities have received similar letters from the DMS.
Disability Presumption:
Currently in Florida, there is a disability presumption for firefighters, law enforcement officers and
correctional officers relating to health conditions from heart disease, hypertension or tuberculosis. This
means that disability claims under workers' compensation and disability pension for these health
conditions are presumed to be related to their job.
6
Pl orid a Retir emen t Syste m:
AGENDA ITE M 11 6A
J ANUARY 13, 20 14
Municipal pa rti cip ati on in th e florid a Re tir eme nt Sys te m (FRS) has bee n vo lunt a ry sin ce 1970.
App rox ima te ly 150 muni cipaliti es part ic ipa te in va ri ous memb ership c lasses, but ma ke up less th an 5
percent o f th e parti c ip ants/memb ers o f the FRS. FRS mc mbc l'sh ip classes includ e: S pecia l Ri sk (Po li ce
and Fire), Ge ne ra l Empl oyees, El ec ted Official s an d Se nior Mana ge ment. Afte r op tin g-in , curre nt an d '
futur e e mpl oyees a re compul so ry me mbe rs o f th e FR S. The la st "opt-o ut " for muni cipa liti es occurred ·
in 19 96 "a nd \oVa auth o ri ze d fo r new e mpl oyees onl y. App rox imat e ly 50 mun ic ip a lit ies a nd
indepe nd ent specia l di st ri cts opted-o ut d urin g t hi s w ind ow .
C unent Status:
SB 246 (Rin g and Bradl ey) has been fil ed for t he 2014 Legis lative Sess io n. This bill is s imil a r to th e
bi II co ns id ered by th e Se nate durin g th e 20 13 sess ion.
Broa d ly s peak in g, th e bill a ll ows c itie s to redu ce pens ion bene fi t le ve ls a ll th e way down to th e
s tatuto ry minimum bene fit leve ls (i f yo ur c it y h as a po lice or fir e uni o n thi s action wo uld have to occ ur
thro ugh th e co ll ec tiv e barga inin g process). Whil e th e bill pro vide s very limited fl ex ibi lit y rel atin g to
th e usc o f in sura nc e premium ta x reve nu es, it a lso crea tes a fairl y co mpl e x pr ocess re ga rdin g th e use of
th ese tax reve nu es. Und er SB 246, th e usc of th ese fund s de pend o n when th e a mo unt of in s ur a nce
pre mium tax re venu es wa s ge ne rated and if th e und e rl y in g de fined benefi t pl an has ei th e r an over or
und e r 80 perce nt e~sse ls-to-li a bilitics ratio .
In additi on, an imm e di ate and prob le mati c effec t o r th e bil l is th at it wo ul d vo id th e c urre nt
Departme nt o f Ma nage me nt Se rvices (DM S) int erpretat io n on the use of in s urance p1·emi um tax
reven ues , as ren ec tcd in the '·C ity of Naples" type letter s. Thi s DM S inte rpre tati on is ve ry ravora bl c to
c iti es, pr ov idin g th e m with broa d fl ex ibility in nego tia tin g pe ns io n bene fit leve ls a nd use of in s ura nce
prem ium tax reve nu es. However, a conce rn with th e current OM S in te rpl'clati on is th a t it cou ld be
cha lle nged , and , und er a new gove rn o r, OMS co uld o nce aga in c ha nge it s interpreta ti on. As noted, a
sta tuto ry cha nge as re fl ec ted in th e bill . wo ul d remove th e c urrent OM in te rp re tati on but it wo ul d a lso
pre vent OM S f ro m deve lopin g a less favo ra ble inte q)retati o n ofth e la w in th e fu tme.
T he po lice a nd fir e fi ght e r uni ons arg ue th at th e ir memb e rs re ly on th e revenu es fr o m th e in s urance
premium taxes t o fund th e additi ona l pe ns ion be nefit s and g iv e n th e 1999 law change. th ose revenu es
we re pro mi se d to th em. Th e Leag ue has lo ng ma in tai ne d th ose mand ated be nefit level s required und e r
c urrent la w are un susta in ab le.
C ontact: A mber llughes ahu g.hes@ Ocities.com
Revised : 11 /2 1/20 13
7
2014 LEGISLATIVE
ACTION AGENDA
Communications Services and Local Business Tax Protection
Proposed Policy:
AGENDA ITEM# 6A
JANUARY 13, 2014
The Florida League of Cities SUPPORTS legislation that protects general revenues collected from the
communications services tax and the local business tax. These revenues are used to provide essential
municipal services, such as public safety, constructing and maintaining roads, bridges, public parks
and open spaces. Maintaining a diversified revenue base strengthens the fiscal stability of local
governments and improves their ability to serve citizens and businesses.
Background:
Communications Services Tax
In 2001, the Florida Legislature restructured taxes on telecommunications, cable, direct-to-home
satellite and related services. This change was called the Communication Services Simplifications Act,
which replaced and consolidated seven different state and local taxes and fees into a single tax that has
two centrally-administered patis, the state and the local communications services tax (CST). The CST
is one of the main sources of general revenue for municipalities. Local governments collect nearly
$800 million every year. These revenues may be used for any public purpose, including pledging the
revenues to secure bonds.
Local Business Tax
Currently, a municipality may impose a local business tax for the privilege of engaging in or managing
a business, profession or occupation within its jurisdiction. The amount of the tax, as well as the
occupations and businesses on which the tax is imposed, are determined by the local government.
Local business tax revenues collected by local governments are used to assist funding of services
critical to business, such as zoning, permitting, code enforcement, and police and fire. Local
governments may also use business tax revenues to help fund other vital services, such as economic
development programs, presenting a direct benefit to businesses through the marketing of local areas.
Many municipalities use the business tax as general revenue funds and have pledged these revenues to
secure debt. Collections for municipal local business tax revenues are more than $120 million every
year.
Current Status:
In 2013, Governor Scott has promised to cut taxes by $500 million and included in that discussion is a
reduction of the state communications services tax rate. SB 266 (Hukill) would reduce the state CST
rate and the direct-to-home satellite rate by 2 percent. It does not include a reduction of the local CST
rate but could have a negative fiscal impact on municipalities due to the distribution of some of the
state CST and direct-to-home satellite revenues.
4
AGENDA ITEM# 6A
JANUARY 13,2014
Supporte rs of th is p ro posa l say a red uc tion in th e rates wo ul d be benefic ia l to co nsume t'S d ue to the fac t
that the c urr en t combined rate of th e gross receipts, state a nd loca l CST.t·ates are so high.
Co ntact: Ambe r llughe s ahughes@ fl c it ics.com
Revised: 11/2 1/20 13 ••
5
Legislative Priority
2014 LEGISLATIVE
ACTION AGENDA
Water Quality & Quantity
AGENDA ITEM# 6A
JANUARY 13, 2014
The Florida League of Cities SUPPORTS legislation addressing water quality and quantity issues that
affect the economies of local communities. Specifically, the League supports effmts to revitalize and
protect Florida's springs, aquifers, surface waters and estuaries.
Background
Florida water policy has evolved significantly as science and technical data have dramatically
improved the ability to study Florida's ground waters, surface waters and the sources of pollution in
these water bodies. With the evolution of science also comes revision to the decades old regulatory
framework that has evolved into Florida water law. The Florida Water Resources Act of 1972, Chapter
373, Florida Statutes, established a form of administrative water law that brought all waters of the state
under regulatory control. The Act included provisions for (1) the establishment of a state water
regulatory agency and five water management districts (WMDs) that, taken together, encompass the
entire state; (2) water planning requirements and (3) a permit system administered by the WMDs
regulating water use, well construction, and the storage and management of surface water.
CmTently, Florida faces a number of water quality and quantity conundrums. In nmth Florida, the
continued and projected excessive water uses by the state of Georgia threaten entire fishing
communities that have built their way of life around the flows of the Apalachicola River. In south
Florida, an extraordinary rainy season has highlighted the current polluted condition of the waters in
Lake Okeechobee and the impact of releasing that impaired water from the lake. Releases of that
impaired water to the Caloosahatchee River, the St. Lucie River and the Indian River Lagoon
contribute to reduced tourism and have a negative impact on the economies of those cities in close
proximity to Lake Okeechobee, the St. Lucie, the Caloosahatchee and the Indian River Lagoon.
Throughout the state we face a growing water quantity problem due to the withdrawals from the
Floridan Aquifer and the lack of investment in storage and stormwater infrastructure investment. The
Floridan Aquifer is one of the largest and most productive aquifer systems in the world. Due to a
population surge in the central Florida region, recent studies show the current amount of water pumped
each day from the aquifer can be increased only by approximately 6 percent. Consumptive uses
throughout the state have left the aquifer depleted and unable to recharge.
Local governments play an impmtant role in the planning of future water resources by working in
cooperation with each of the five water management districts during the Regional Water Supply
Planning process. In addition to the planning of future water resources, local governments also
establish stormwater utilities that manage activities such as flood control, pollution control, permitting,
maintenance, inspection and capital construction. Furthermore, cities across the state have adopted a
5
AGENDJ\ ITEM# 6A
JANUARY 13,20 14
hos t o f ord inances des igned to pr even t po lluti on a nd inc rease a lte rnati ve wa ter s upp lies. Whil e ci t ies
have many "too ls in th e ir too lbox" to e ns ure a c lea n a nd s ustain ab le wa ter reso ur ce for th e ir
co mmuniti es, th e Legislat ur e co nti nues to pass laws th at chi p away at loca l gove rnm ent autho rity.
C un·en t Status
On Jul y I 0, 2 0 13 Senat e Pres id e nt Gae tz ann ounc ed th e c rea ti on of th e Se lect Co mmittee o n Ind ian
Ri ve r Lagoo n an d Lak e Okeec hobee. The co mmittee, chai red by Sena tor J oe Negro n, was taske d w ith
in ves ti gat in g public po licy, fundin g and oth er gove rnm e nt al ac tivities affect ing th e wate r manage me nt
of La ke Okeec hobee. T he co mmitt ee has he ld three publ ic meetin gs to da te . c nator Negron has tasked
th e water ma nage me nt di stri ct, as we ll as th e ge ne ral public, to co me up w ith s hort -term proj ects th at
will improve wat er qu a li ty cornin g fr o m th e lake a nd e ns L1re tha t th e wate r re leased will n ow through
th e Everg lades as or igina ll y in te nd ed. Unfo rtun ate ly, the state o f Flo rid a is at lh e me rcy of th e federa l
governm e nt an d Arm y Corps of Engin ee rs in so me rega rd . T he Army Co rp s of Eng in ee rs ha s federa l
ov ers ig ht o r th e wa te r re leases fr om Lake Okeechobee and th e da m th at s urro und s i t.
In 2 01 3, th e s tate o f Flo rid a co mm itt ed $1 0 mi II ion do ll ars for spr ings pro tecti o n progmms . Loca l
gove rnm e nt matc hin g fun ds have in crease d th e amoun t ava ilabl e fo r s pri ngs protec ti on initi ati ves to
$3 7 mi ll ion. T he Depart me nt of Env ironm ental Pro tec ti on (OE P) is us ing th ese fund s to mi ti ga te th e
damage fr om poin t so urce po ll uti o n fro m wastewater trea tm ent fac iliti es, remove wastewa ter s pray
fie ld s that a rc cl ose to sprin g sheds and othe r s tr a tegies th at will re du ce ph osp horu s a nd ni trogen in
impaired wa te r bodi es. Recent ly, DEP requ es ted a bud get all oca ti o n of$15 mil li on fo r sprin gs
protec ti on fo r rv 20 14-20 15 .
Th e F lo rid a Leag ue o f Citi es supp orts legislati on th at pro tects Flo ri da's wa ter bodi es thr o ugh increased
fund in g for th e Tota l Max imum Da il y Load program, as we ll as the Bas in Ma nage ment Act ion Pl a n
prog ram. The Leag ue w ill a lso co ntinu e to fig ht to pro tec t th e home rul e au t hor ity of c ities to a dopt
local fertil izer ordi nances to pro tect the water qu a lit y of loca l wate rways. 20 14 is like ly to be a busy
yea r with multipl e pi eces of legis lati o n fil ed th at dea l with wa ter qu al ity, wa te r qua nt it y a nd springs
protec ti on .
C ontact: Rya n Ma tth ews rm allh cws@ nc itics .c o m
Rev ised: 11/2 1/13
6
Legis lative Priority
2014 LEGISLATIVE
ACTION AGENDA
Septic Tanlcs
AGENDA ITEM I/6A
JANUA RY 13 , 20 14
The Flo ri da Leag ue of Citi es SU PP ORTS fi nanci al and regul a tory init ialives that prior itize a nd
en co ur age properties wit h se ptic tanks to co nnect to ce ntra li zed sewe r system s, especially in areas that
impa c t ri ve rs, est uari es, fi rst mag nitud e sprin gs and imp aired wate r bodies .
Background
Ons ite sewage treatm ent and di sposa l system s, commo nl y re fer red to as septic ta nl<s, are a mean s of
was te water d is posa l for roughl y 30 percent o f Pl orida's popu latio n. Properl y de s igned, co ns u·ucted a nd
ma intained :o;ys te ms protect Flo ri da 's g round wa te r, which prov id es 90 pe rce nt o f F lo ri da's drinkin g
wa te r. The ge ne ra l pr obl e m with sept ic ta nk s in th e state o f Plorida is th a t a la rge num ber of th ese
system s are out-of-date and not in s pec ted o r c lea ned fr equ ently enough to prev e nt leak s. In 2002, th e
Environmental Protec ti on Age ncy released a study ba se d on the es t im ates for the per pers on rel ease o f
nitr oge n a day int o res ide nti al wa s tewater sys te ms . The stud y fou nd th at a pprox im ately 11.2 gra ms of
nitr oge n per pe rso n pe r day were re leased. Of th e ll.2 g rams, roughl y 70-80 pe rcent of th at ori g ina ted
fro m to ilet wa ste s; I 0-15 percent is food pr eparation ; a nd th e res t o ri g in ates fr o m ho useho ld product s .
In c reased amount s of nit rogen in s urface wa ter bodie s ca n caus e eutrop hica ti on, which ca n have
detrim enta l e ffects to sens iti ve aqLJ at ic ecosys!e ms. N itrogen so urces to th e e nvironm ent in c lud e:
atmo spheri c depos iti on; fert ili ze r from both ag ri cultur al and res id ential la nd uses; li vestoc k
wa s tewate r; muni c ipa l was te wate r tre atm e nt sys te ms; on site sewage trea tm ent and di sposa l system s,
and storm water. The l;omb in at ion ofthcsc so ur ces add s up to a cumu lati ve nitro ge n load to gro und a nd
s urfac e waters
In 1984 , Florid a adopted a law, whi ch ma nd ated th a t a ll dra in lield s in new ly co ns tructe d ons ite
treatm e nt and di spo sa l sys te ms had to be in stall ed to prov id e two feet of separat ion from ground wate r
so urce s.
C UJT e nt Statu s
As o f I 0/3 1 I 13, no bi ll s th at direc lly ad dress se pti c tank s have been fi led. Senator S imm ons ha s
re leased a d raft springs protection bill th at requires communiti es w ithin th e sprin gs hed of2 1 pre-
dete rm ined sprin gs to ti e sep ti c tank ow ne rs int o cen tr a l sewer at no cost to th e res ide nt. The bill
prov id es a rei mbur semen t for the local go ve rnm ent thr ough the d oc um e nt ary stamp tax co ll ecti o n.
Contact: Ryan Ma tth ews rm atth cws@ nc iti es.co m
Re vi s ed: 11/2 1/13
7
Legislative Priority
2014 LEGISLATIVE
ACTION AGENDA
ECONOMIC DEVELOPMENT
AGENDA ITEM# 6A
JANUARY 13, 2014
Recognizing that 89 percent of all business in Florida have 12 or fewer employees, the Florida League
of Cities SUPPORTS legislation that dedicates state economic development resources to small
businesses with an emphasis on technical assistance, access to capital, public infrastructure and urban
in fill.
Background
According to the U.S. Bureau of Labor and Statistics, as of September 2012, Florida's current
unemployment rate is 8.9 percent compared to 3.2 percent in 2006. These unusually high
unemployment figures have motivated the Florida Legislature to focus intensely on the area of
economic development as a way to restart Florida's economic engine and create more jobs for
Floridians. Getting Florida back to work continues to be a major focus of Governor Rick Scott, who
has pledged to create 700,000 permanent Florida jobs during the next seven years. One of the measures
enacted to achieve these job creation goals was the creation of a new agency, the Florida Department
of Economic Opp01tunity. This new agency is charged with coordinating economic development
efforts to ensure Florida has a thriving climate for businesses that seek to start, relocate or expand in
Florida.
In 2013, Governor Scott's agenda focused on stimulating economic growth by streamlining business
permitting, providing tax relief for manufacturers, reforming Florida's unemployment system, offering
stability to Florida's businesses by balancing the budget without raising taxes and prioritizing science,
technology, engineering and mathematics (STEM) education in the state. Legislative eff01ts relating to
economic development have also focused on creating greater accountability and transparency of
taxpayer-funded incentives.
There is significant evidence showing that the bulk of job opp01tunities are created by small-to
medium-size businesses, not large corporations. According to the U.S. Small Business Administration
(SBA), 89 percent of all businesses in Florida have 12 or fewer employees. Not every city in Florida is
the base of operations for a large corporation, but every city in Florida is the home to dozens of small
businesses.
Small business owners are the backbone of Florida's economy, but are often times overlooked or do
not qualify for existing economic development incentives. Rebuilding Florida's economy should be a
8
AGENDA ITEM II 61\
JANUAR Y 13,20 14
"bott om up " process that statts wi th lo ca l econom ic developm ent and efforts to ret a in and grow s mall
bu s in esses.
Current Sta tus
Economic develop ment continues to be a n imp ortant foc us for the florid a Leg islature, the Governor
and ot he r important a nd innuential stak eholders. Floi·ida's cilies wi ll co ntinu e to engage th ese entities
by dev eloping partnerships and collaborat ions and p rov idin g counsel on how bes t t o accomplish the
ta sk of reb oundin g Flor id a's eco nom y.
Contact: David Cruz, dc ru z@ n citi es .com
Revised: 11 /2 1/2 0 13
9
2014 LEGISLATIVE
ACTION AGENDA
AGENDA ITEM# 6A
JANUARY 13, 2014
Housing and Small Cities Community Development Block Grant Program (CDBG)
Legislative Priority:
The Florida League of Cities SUPPORTS legislation that requires state housing trust fund monies be
used exclusively for funding local government affordable housing initiatives. The League also supports
improving the CDBG program to maintain current funding categories with adequate verification
safeguards to ensure grants will primarily benefit low-and moderate-income families, and suppmts
maintenance of the CDBG advisory committee.
Background:
Florida's housing market has been one of the hardest hit in the country and Florida's cities have been
at ground zero. Cities have not only had to face a record number of foreclosures, but have also
encountered a decline in funding for affordable housing programs.
In 1992, the Sadowski Act created a dedicated funding source for affordable housing programs. An
increase in the documentary stamp tax paid on all real estate transactions funds the state and local
housing trust funds. From those funds, 70 percent are directed to local governments in all 67 counties,
and Florida's so-called "entitlement cities," to fund the State Housing Initiative Pattnership (SHIP)
program. The remaining 30 percent of the funds are used by the Florida Housing Finance Corporation
for programs such as the State Apartment Incentive Loan (SAIL) program.
SHIP funds can be used for rehabilitation/renovation of existing vacant homes to transform
neighborhoods into vibrant communities. In addition, SHIP funds can be used for down payment and
closing cost assistance. SAIL funds may be used to rehabilitate existing low-income apmtments or
construct new units for very low-income families.
The Florida Small City Community Development Block Grant (CDBG) program is intended to provide
the necessary means for municipalities to develop, preserve, redevelop and revitalize Florida's cities.
The Small City CDBG program provides federally funded grants on a competitive basis to eligible
municipalities in order to serve low-and moderate-income families. To be eligible for participation in
the Small City CDBG program, cities must have a population of fewer than 50,000. Competitive grants
can be awarded to assist with housing rehabilitation, water and wastewater improvements, and
economic development projects that create jobs. For fiscal year 2012-13 Florida received more than
$22 million in Small City CDBG funding. Florida's Department of Economic Opportunity (DEO)
administers the federally funded Small City CDBG program.
Current Status:
An estimated $261.775 million will be appropriated into the state and local housing trust fund for fiscal
year 2014-15. For the last four years, Florida's Legislature has used these trust fund monies to brace
10
AG ENDA ITEM II 61\
JANUARY 13, 20 14
budge t s hort fa ll s ra th er than fu nd th e SH IP and SAIL ho us in g progra ms. Fo r th e 'first tim e si nce 2 009,
an alysts a re proj ec tin g a s tate budge t smp lu s o f $84 5.7 mi lli on for th e 20 14 -1 5 n sc a l ye ar. Wi th no
budge t shortfal ls, it is criti ca l th at th e ho us in g tru st f und moni es be use d for th ei r in te nded purpose thi s
yea r. If proj ec ted ho us in g fund s are full y in veste d into Florid a's loca l gove rnm ent housi ng programs, il
is es tim at ed these fund s can c reat~ 26,4 00 j o bs and have a $2.7 bill ion in posi ti ve econo m ic
deve lopm ent imp ac ts for Flori da 's cit ies. Th e Sa dowsk i I ro us in g Coa liti on, a nonp arti sa n coa liti o n of
26 di verse s tatew id e orga ni za t ions, strongly s uppo rts hav in g a ded ica ted 1·eve nu e so urce fo r F lorid a's
a ffordabl e ho us in g pro gr ams.
The DEO pla ns to fil e leg is lati on makin g severa l statutory t·ev is ions to the Sma ll C it y C DB G progra m
in ord e r to redu ce o ut da ted, burde nso me or res tr ic ti ve req uirement s. Le g islati on draft ed by the DEO in
coopera ti on with th e Leag ue a nd oth er sta ke ho lde rs d irec ts th e DEO to ma intain g ra nt ac ti viti es in fo ur
s tatutory ca tego ri es: ho usi ng reha bil it ali a n, econo mi c d evelop ment, ne ighb orhoo d rehab ili ta tio n and
co mm erc ia l rehabi I itation. The dra fl legis lati on was rev ised to retai n statu to ry auth ori za ti o n fo r a n
advi so ry co unc il , a co mprom ise th at was suggested by the Le ague 's Gmwth Manage me nt and
Eco nomi c Devel opm ent P oli cy Co mmitt ee . The League beli eves th at maint ainin g an acti ve ad viso ry
co un cil co mp osed o f muni cipa l memb ers is criti ca l to a ll ow in g ci ti es to prov id e fee dbac k o n fu t ur e
changes to th e prog ra m an d st rength en th e relati onship between c iti es a nd th e DEO.
Co ntact: Dav id Cru z, dcrUL@fl c iti c s.co m
Revised: 12110/20 13
I I
Legislative Priority:
2014 LEGISLATIVE
ACTION AGENDA
Transportation Funding
AGENDA ITEM# 6A
JANUARY 13, 2014
The Florida League of Cities SUPPORTS legislation that preserves local control of transportation
planning and provides opp01tunities for additional revenue options to fund municipal transportation
infrastructure projects.
Background:
Currently, municipalities have limited revenue options for funding transportation projects. A major
p01tion of transp01tation funding flows to municipalities through both the state and federal
governments. Much of that funding is generated through a tax on gasoline. Recent data has shown that
gas tax revenue at both the state and federal levels has decreased dramatically. A significant amount of
the decrease in revenue is due to an increase in the number of fuel efficient vehicles on the road. More
fuel efficient vehicles means less gas is being purchased, which means lower gas tax revenues. As
vehicles will only become more fuel efficient, unlike other tax revenue that will increase once the
economy improves, gas tax revenue is forecasted to continue to decrease over time. Compounding the
problem is the fact that the federal gas tax was last increased in 1997, the state gas tax in 1943, the
county gas tax in 1941 and the municipal gas tax in 1971. None ofthese taxes are indexed for inflation.
Another issue compounding the problem is the lack of options for municipalities to increase revenue to
fund local transportation projects. For example, charter counties may currently hold a referendum on
whether to impose up to a 1 percent sales tax to fund transportation infrastructure projects.
Municipalities lack such authority. This can be problematic when there are disparities between the
transportation needs of municipalities versus those of the more rural areas of the county at large. For
example, a referendum was held in Hillsborough County to enact such a tax. The tax was defeated
countywide. However, if the election results are broken down by municipality, the residents of Tampa
actually voted to approve the tax. Extending such options to municipalities would allow greater
flexibility to fund their unique transportation needs.
Current Status:
There seems to be a general consensus that Florida's transportation infrastructure is badly in need of
increased funding and modernization, or alteration, of the current tax structure. In the 2013 legislative
session, both the secretary of the Florida Depattment of Transportation (FDOT) and the executive
director of the Florida Metropolitan Planning Organization Advisory Council gave a presentation to
the House and Senate Transportation Committees highlighting the current and future problems of
12
AGENDA ITEM # 6A
JANUARY 13, 20 14
t ra nsportat io n f un d in g fac in g gove rnm ent s at all leve ls. Th e Flo ridn T ranspo rtati on Co mm iss ion is a lso
in the pro cess of s tLJdyin g th e iss ue and reviewi ng a lt ern ati ve s to the ex istin g per-ga ll on tax on
gaso line. No bill s were fi led durin g the 20 13 sess ion whic h wou ld have d irectly affe cted th e ex istin g
rev enu e s tr ea m devoted to tran s portat ion. However , th e roOT wo rk program was fu ll y funded fo r th e
2 0 13-20 14 fi sca l yea r. T hrougho ut hi s te rm , Gove rn o r Scott has emphas ize d the importance of
tran sportati o n to F lori da and th e states's eco no my . Th e s upport of th e exec utive branc h and th e
increas in g awa r·eness of th e tra nspo rta ti on revenue pro bl em ma y lead to the iss ue bein g ad dressed in
the 20 14 sessio n.
Contact: Rya n Padgett rp adgett @Oc itie .com
Re vised : II /2 1113
13
Legislative Priority:
2014 LEGISLATIVE
ACTION AGENDA
Ethics
AGENDA ITEM# 6A
JANUARY 13, 2014
The Florida League of Cities SUPPORTS legislation that provides for a judicious code of ethics for
public officials to protect and preserve the public trust, provides a reasoned and balanced manner by
which public officials may identify, disclose, and resolve (or otherwise avoid), conflicts between
public duty and private interests, and recognizes the home rule authority of each municipality to
independently adopt more stringent standards for its own public officials.
Background:
The state code of ethics provides a framework for the actions and activities of state and local
government officials. The code covers various areas, including conflicts of interest, gifts, financial
disclosure and other standards of conduct. Failure to comply with the state code of ethics can subject
an individual to civil or criminal penalties, depending upon the severity of the violation.
Many officials seek guidance on complying with ethics standards from the attorney to the officials'
governmental entity. Officials who act in compliance with the attorneys' advice should be provided
with a "safe harbor" from alleged ethics violations. Also, the ethics complaint process should not be
used solely to further political or other unfounded purposes, and anyone filing a false ethics complaint
with a malicious intent to injure the reputation of an official should be subject to a penalty.
Current law allows a political subdivision to adopt at the local level more stringent ethics standards
than those provided under the state code of ethics. However, one political subdivision should not be
authorized to adopt more stringent ethics standards for officials of a different political subdivision.
Current Status:
There have not been any bills filed to date relating to local ethics standards, but League staff expects
legislation to be filed on the issue in the coming months.
Contact: Ryan Padgett
Revised: 12/10/13
14
Legislative Priority:
2014 LEGISLATIVE
ACTION AGENDA
Sober Homes
AGENDA ITEM# 6A
JANUARY 13, 2014
The Florida League of Cities SUPPORTS legislation that defines and establishes statewide minimum
regulatory standards for properties used for "sober home" purposes and allows for more stringent local
regulation of such properties.
Background:
"Sober Homes" or "Halfway Houses" for individuals with drug and alcohol problems have been
around for decades and provide needed transitional housing opportunities for people who are
progressing through treatment for substance abuse problems. Several cities throughout the state have
been experiencing increasing problems with sober homes. These homes are marketed as places where
recovering addicts can come to "sober up" and be slowly phased back into society while getting
treatment for their addiction. Lately however, cities have seen a proliferation of self-proclaimed "sober
homes" that are run by unscrupulous landlords who are exploiting patients in order to make a profit.
The Tampa Bay Times recently wrote a series of articles describing some of the problems these
unregulated facilities are causing for both patients and non-patients alike in cities across the state.
The investigation into Sober Homes by Tampa Bay Times senior correspondent, Susan Taylor Martin,
uncovered a multitude of problems. Without licensing requirements, state regulations or oversight
setting minimum operating standards, many sober homes operate in the shadows and are often "fly-by-
night" type facilities. The Times article reported that " .... in some homes, residents are housed two to
three to a room. This is a lucrative business if each person pays $500 per month, meaning a three-
bedroom house with two residents per bedroom can bring in $3,000 per month. But residents don't get
what they pay for."
With no regulation from government agencies, setting up a sober home is as easy as renting a house to
a few residents who pledge to live in sobriety and attend support groups. The operators of these
illegitimate sober homes often advertise on the Internet as offering treatment on-site or providing
transportation to off-site treatment facilities. Once residents arrive, they find that no treatment is
offered and there is very little oversight by the owners of the sober home. Instead, residents are free to
do whatever they choose, which for many means to hit the streets to find drugs or alcohol (and in one
Delray Beach home attached to a bar, they don't have to go too far). Law enforcement officials have
seen increases in crime and homelessness in neighborhoods where these sober homes have located.
Residents of these neighborhoods have reported an increase in burglaries, panhandling and even some
instances where the sober home operators are openly using or selling drugs out of the sober home.
As a result of the lack of uniform state standards or regulations for "sober homes," there are some
houses that are nothing more than a group of individuals living together abiding by self-imposed rules
15
AGENDA ITEM II 61\
JANUARY 13 ,20 14
of sobr iety, whil e ot he r houses arc operating jus t s hy of adm ini ste ring treatme nt on-site and flying
under the radar of the Department of Childre n a nd Families (OCF) because th ey are not "forma ll y
affiliat ed with" a "lice nsed serv ice provider." (Th ose ho uses that are affil iated with a li ce nsed Se rvice
Prov id e r are c urrentl y r eq uir ed to be li ce nse d by DCF, whi le homes not affil ia ted w ith a li ce nse d
service provider a re not required to be licensed by DCF). T herefore, the League wi ll be sup po rting
effotts to c learly define sober homes in statu te and a ll ow for the regulati on of th ese fac iliti es. Sober
horne s will continu e to be a pr ob lem for c it ies and law e nforce ment in Florida unt il th e Legis lature
decides to act and place minimum operat in g sta nd ards for th ese places into statut e.
SB 738 (C le mens) and HB l 089 (Gra nt) we re fil ed to add ress the so ber home iss ue in 20 13, but bo th
bill s died in co mmittee. T here was la nguage in se rted into SB 1500 , the Genera l Appropriations 1\c t,
requ irin g th e Department of Children and Fam ili es to st ud y the possible lice nsure of sober homes in
Fl or ida. DCF he ld three publi c hear ings ove r th e s umm er and submitted a repor t to th e prcsidenl of the
Se na te, th e s peaker of th e House and the governo r o n Oc tober I, 20 13. The report liste d w ha t o th er
sta tes are doing in regard s to so ber home regu la ti o n, o r th e lack th e reof, but ul ti mate ly co nc lud ed that
furth e r study of th e issue was needed prior to mak in g recommendation s.
Status:
There have not been any bi ll s filed to elate dealing wi th sobe r homes, but Leag ue staff expects
legi slat io n to be filed on th e iss ue in the co min g mon th s.
Contact: Casey Coo k, ccook@.n ci ties .com
Rev ised : I I /2 1/20 13
16
Legis lative Priority:
2014 LEGISLATIVE
ACTION AGENDA
Vacation Rentals
AG EN DA ITEM II 6A
JANUARY 13,20 14
The Flo rid a League of C iti es SU PP ORTS legis lation that repea ls th e s late preempt ion of th e regul a ti on
of vacat ion rental properties in ord e r to all ow loca l gove rnm ents to reg ul ate such prop erti es to protect
th e hea lth and wei fa re of th eir reside nt s, vis itors, a nd businesses.
Bacl<ground:
In 20 I J, th e Flori da Legis la ture passed liB 883 , whi ch preempted loca l governm ent s from reg ul ati ng
vacat io n renta ls. Proponents of the bill cla im ed th a t ci ty ordinance s regul at in g vacation ren tal s we re
too restri cti ve, eroded private property ri ght s and di scou ra ge d investme nt in the housi ng marke t . C iti es
throughout Florid a had see n deve lope rs e ncroachin g o n res idential ne ighbo rh oods with comme rcia l
deve lopment, replacing existing ho uses with very large houses mea nt onl y fo r re nte rs. These large
vacat ion renta ls we re essenti a ll y o pe rat in g as hote ls in residential neighbo rh oods. As a res ult of these
buildin gs opera tin g as hote ls, c iti es across th e state ri g htfull y attempted to regu late them as suc h. They
bega n regul ar inspec ti ons a nd impos in g ot her regu la li ons, s uch as parking or fir e code sta nd a rd s.
llote ls pay bed taxes and a rc zo ned as com merc ia l prope rtie s; vaca ti o n re nta ls a re not. Citi es
mentioned that to o littl e ove rs ight cou ld expose guests to dangerou s s ituation s, crea te un fa ir
co mpe titi o n in the touri sm indu str y, a nd rob th e state a nd loca l govern me nt s of tax dollars.
La te in the 20 II sess ion, provisions we re add ed to HB 883 that a ll owe d cit ies with vacat ion re nt a l
o rdinan ces in place by Jun e I, 20 1 l to reta in those ordi na nces. Whil e thi s "grandfathe r•· prov is ion
he lped, new probl ems have e merged w ith vacation re ntal s and many c ities are re lu ctant to amend the ir
o rdi nance ou t of fea r of vo idin g the ir ex istin g Ol"din a nce.
C urrent Sta tus:
The Florid a League of Ci ti es t es tifi ed in opposit ion to the pree mpti on bill du rin g th e 20 I I
leg islative sess ion a nd arg ued th at the legis latio n wo uld mak e it impo ssi bl e for c ities to c raft
so luti ons to loca l probl ems assoc iated w ith th ese properties. The re have no t bee n any bill s fi led to-
date dea ling with vacati on renta ls, but Se nato r John Thra s her and Repres e nta tiv e Travis Hut so n
were recent ly qu oted in a Daytona Beach News Journal artic le say ing th at they w ill be filing bi ll s
thi s year to remove t he preemption fr om sta te Jaw.
Co ntact: Casey Cook, ccoo k@llciti es.co m
R e vised : 11 /2 1/13
17
ORDINANCE NO. 20-13-126
AN ORDINANCE AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND
ENDING SEPTEMBER 30, 2014, AND PROVIDING AN
EFFECTIVE DATE.
AGENDA ITEM# 7A
JANUARY 13, 2014
WHEREAS, the City Charter ofthe City of Atlantic Beach requires that the City
Cormnission approve all budgetary increases and transfers at the fund level, and
WHEREAS, the nature of budgetary systems and those day-to-day decisions affecting
such budgetary systems require adjustments from time-to-time, and
WHEREAS, the City is amending the budget to add funds for the purchase and
installation of an electronic locking system for the gate at Dutton Island Park, and
WHEREAS, the City has determined that the video tape system recently installed works
very well and now wants to expand its use by adding $1,200 to the budget to fund an additional
eight meetings per year.
WHEREAS, The City originally budgeted an estimate for the Florida Department of
Law Enforcement Cormnunity Oriented Policing Grant (COPS) that was lower than what
ultimately got approved. This ordinance increases the funding and expenses for the grant from
$28,000 to $39,205, and
WHEREAS, The Florida Department of Law Enforcement has recently allocated $2, 17 6
in grant funds for the purchase of law enforcement equipment thftt was not originally budgeted
for. This ordinance will create a budget for the use of those fund~, and
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
1. The Fiscal Year 2013/2014 Budget to be amended as follows:
r-J GENERAL FUND r-J
Expenses:
City Administration
Information Technology
Operating Expenses -
Parks and Recreation
Park Maintenance
Capital Outlay -
Total Expenses:
Fund Balance
$1,200
8 000
$9,200
<$9,200>
Revenues:
Grant Proceeds
Expenses:
~FDLE JAG Grant-COPS FUND~
Police Department
Salary
Total Expenses:
Fund Balance:
FDLE-JUSTICE ASSISTANCE GRANT
Revenue:
Grant Proceeds
Expenses:
Police Department
Capital Equipment
Total Expenses:
Fund Balance:
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this __ day of 2013.
AGENDA ITEM# 7 A
JANUARY 13, 2014
$11,205
$11,205
$11.205
$0
$2,176
$2 176
$2,176
$0
Passed by the City Commission on second and final reading this __ day of 2013.
Carolyn Woods
Mayor I Presiding Officer
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
ATTEST:
Donna L. Bartle, CMC
City Clerk
ORDINANCE NO. 90-13-220
AGENDA ITEM# 7B
JANUARY 13, 2014
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, LAND
DEVELOPMENT REGULATIONS, ARTICLE ill, WNING
REGULATIONS, BY ADDING A NEW DIVISION 10, FLORIDA-
FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, has determined
that is necessary to add a new Division 10 to Chapter 24 of the Atlantic Beach Code of
Ordinances.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: The Code of Ordinances ofthe City of Atlantic Beach, Florida, is hereby
amended by adding a new Division 10 to Article III of Chapter 24, which division shall read as
follows"
"Division 10. Florida-Friendly Use of Fertilizer on Urban Landscapes.
(a) Findings. As a result of impairment to the City of Atlantic
Beach's surface waters caused by excessive nutrients, or, as a result of increasing
levels of nitrogen in the surface and/or ground water within the aquifers or springs
within the boundaries of the City of Atlantic Beach, the governing body of the
City of Atlantic Beach has determined that the use of fertilizers on lands within
the City of Atlantic Beach creates a risk to contributing to adverse effects on
surface and/or ground water. Accordingly, the City Commission of the City of
Atlantic Beach fmds that management measures contained in the most recent
edition of the "Florida-friendly Best Management Practices for Protection of
Water Resources by the Green Industries, 2008," may be required by this
ordinance.
(b) Purpose and Intent. This Ordinance regulates the proper use of
fertilizers by any applicator; requires proper training of Commercial and
Institutional Fertilizer Applicators; establishes training and licensing
requirements; establishes a Prohibited Application Period; specifies allowable
fertilizer application rates and methods, fertilizer-free zones, low maintenance
zones, and exemptions. The Ordinance requires the use of Best Management
Practices which provide specific management guidelines to minimize negative
secondary and cumulative environmental effects associated with the misuse of
fertilizers. These secondary and cumulative effects have been observed in and on
the City of Atlantic Beach's natural and constructed stormwater conveyances,
1
AGENDA ITEM# 7B
JANUARY 13, 2014
rivers, creeks, ponds, and other water bodies. Collectively, these water bodies are
an asset critical to the environmental, recreational, cultural and economic well-
being of the City of Atlantic Beach residents and the health of the public.
Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation
provided by natural and constructed stormwater conveyances. Regulation of
nutrients, including both phosphorus and nitrogen contained in fertilizer, will help
improve and maintain water and habitat quality.
(c) Definitions. For this Article, the following terms shall have the
meanings set forth in this section unless the context clearly indicates otherwise.
"Administrator" means the City of Atlantic Beach City Manager, or an
administrative official of the City of Atlantic Beach government designated by the
City Manager to administer and enforce the provisions of this Article.
"Application" or "Apply" means the actual physical deposit of fertilizer
to turf or landscape plants, whether solid or liquid product is used.
"Applicator" means any Person who applies fertilizer on turf and/or
landscape plants in the City of Atlantic Beach.
"Board or Governing Board" means the City Commission of the City of
Atlantic Beach, Florida.
"Best Management Practices" means turf and landscape practices or
combination of practices based on research, field-testing, and expert review,
determined to be the most effective and practicable on-location means, including
economic and technological considerations, for improving water quality,
conserving water supplies and protecting natural resources.
"Code Enforcement Officer, Official, or Inspector" means any designated
employee or agent of the City of Atlantic Beach whose duty it is to enforce codes
and ordinances enacted by the City of Atlantic Beach.
"Commercial Fertilizer Applicator", except as provided in 482.1562(9)
F.S., means any person who applies fertilizer for payment or other consideration
to property not owned by the person or firm applying the fertilizer or the
employer ofthe applicator.
"Fertilize," "Fertilizing," or "Fertilization" means the act of applying
fertilizer to turf, specialized turf, or landscape plants.
"Fertilizer" means any substance or mixture of substances that contains
one or more recognized plant nutrients and promotes plant growth, or controls soil
acidity or alkalinity, or provides other soil enrichment, or provides other
corrective measures to the soil.
"Guaranteed Analysis" means the percentage of plant nutrients or
measures of neutralizing capability claimed to be present in a fertilizer.
"Institutional Applicator" means any person, other than a private, non-
commercial or a Commercial Applicator (unless such definitions also apply under
2
AGENDA ITEM# 7B
JANUARY 13, 2014
the circumstances), that applies fertilizer for the purpose of maintaining turf
and/or landscape plants. Institutional Applicators shall include, but shall not be
limited to, owners, managers or employees of public lands, schools, parks,
religious institutions, utilities, industrial or business sites and any residential
properties maintained in condominium and/or common ownership.
"Landscape Plant" means any native or exotic tree, shrub, or groundcover
(excluding turf).
"Low Maintenance Zone" means an area a minimum of ten (1 0) feet wide
adjacent to water courses which is planted and managed in order to minimize the
need for fertilization, watering, mowing, etc.
"Person" means any natural person, business, corporation, limited liability
company, partnership, limited partnership, association, club, organization, and/or
any group of people acting as an organized entity.
"Prohibited Application Period" means the time period during which a
Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane
Watch or Warning is in effect for any portion of Atlantic Beach, issued by the
National Weather Service, or if heavy rain I is likely.
(World Meteorological Organization definition of heavy rain: Rainfall greater
than or equal to 2 inches in a 24 hour period. http://severe.worldweather.org/rain/,
and forecast keyword "likely",
http:/ /www.wrh.noaa.gov/sew/MediaGuide/TermsOutlooks _Watches_ W arnings.p
df.)
"The City of Atlantic Beach Approved Best Management Practices
Training Program" means a training program approved per 403.9338 F.S., or any
more stringent requirements set forth in this Article that includes the most current
version of the Florida Department of Environmental Protection's "Florida-
friendly Best Management Practices for Protection of Water Resources by the
Green Industries, 2008, " as revised, and approved by the City of Atlantic Beach
Public Works Director.
"Saturated soil" means a soil in which the voids are filled with water.
Saturation does not require flow. For the purposes of this ordinance, soils shall be
considered saturated if standing water is present or the pressure of a person
standing on the soil causes the release of free water.
"Slow Release," "Controlled Release," "Timed Release," "Slowly
Available," or "Water Insoluble Nitrogen" means nitrogen in a form which delays
its availability for plant uptalce and use after application, or which extends its
availability to the plant longer than a reference rapid or quick release product.
"Turf," "Sod," or "Lawn" means a piece of grass-covered soil held
together by the roots of the grass.
"Urban landscape" means pervious areas on residential, commercial,
industrial, institutional, highway rights-of-way, or other nonagricultural lands that
3
are planted with turf or horticultural plants.
AGENDA ITEM# 7B
JANUARY 13, 2014
(d) Applicability. This Ordinance shall be applicable to and shall
regulate any and all applicators of fertilizer and areas of application of fertilizer
within the area of the City of Atlantic Beach, unless such applicator is specifically
exempted by the terms of this Ordinance from the regulatory provisions of this
Ordinance. This ordinance does not restrict any homeowner or residents from
applying fertilizers on their landscape as they deem necessary, but they are
strongly recommended to follow the guidelines included herein. This Ordinance
shall be prospective only, and shall not impair any existing contracts.
(e) Timing of Fertilizer Application. No applicator shall apply
fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants
during the Prohibited Application Period, or to saturated soils.
(f) Fertilizer Free Zones. Fertilizer shall not be applied within ten
(1 0) feet of any pond, stream, watercourse, pond, lake, canal, or wetland as
defmed by the Florida Department of Environmental Protection (Chapter 62-340,
Florida Administrative Code) or from the top of a seawall, unless a deflector
shield, drop spreader, or liquid applicator with a visible and sharply defmed edge,
is used, in which case a minimum of 3 feet shall be maintained. If more stringent
City of Atlantic Beach Code regulations apply, this provision does not relieve the
requirement to adhere to the more stringent regulations. Newly planted turf
and/or landscape plants may be fertilized in this Zone only for a sixty (60) day
period beginning 30 days after planting if need to allow the plants to become well
established. Caution shall be used to prevent direct deposition of nutrients into the
water.
(g) Low Maintenance Zones. A voluntary ten (1 0) foot low
maintenance zone is strongly recommended, but not mandated, from any pond,
stream, water course, lake, wetland or from the top of a seawall. A swale/berm
system is recommended for installation at the landward edge of this low
maintenance zone to capture and filter runoff. If more stringent City of Atlantic
Beach Code regulations apply, this provision does not relieve the requirement to
adhere to the more stringent regulations. No mowed or cut vegetative material
may be deposited or left remaining in this zone or deposited in the water. Care
should be taken to prevent the over-spray of aquatic weed products in this zone.
(h) Fertilizer Content and Application Rates.
(1) Fertilizers applied to turf within the City of Atlantic Beach
shall be formulated and applied in accordance with requirements and directions
provided by Rule SE-1.003(2), Florida Administrative Code, Labeling
Requirements for Urban Turf Fertilizers.
(2) Fertilizer containing nitrogen or phosphorus shall not be
applied before seeding or sodding a site, and shall not be applied for the first 30
days after seeding or sodding, except when hydro-seeding for temporary or
permanent erosion control in an emergency situation (wildfire, etc.), or in
accordance with the Stormwater Pollution Prevention Plan for that site.
4
AGENDA ITEM# 7B
JANUARY 13,2014
(3) Nitrogen or phosphorus fertilizer shall not be applied to turf or
landscape plants except as provided in (a) above for turf, or in UF/IF AS
recommendations for landscape plants, vegetable gardens, and fruit trees and
shrubs, unless a soil or tissue deficiency has been verified by an approved test.
(i) Application Practices.
(1) Spreader deflector shields are required when fertilizing via
rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer
granules are deflected away from all streets, driveways and other impervious
surfaces, fertilizer-free zones and water bodies, including wetlands.
(2) Fertilizer shall not be applied, spilled, or otherwise
deposited on any impervious surfaces.
(3) Any fertilizer applied, spilled, or deposited, either
intentionally or accidentally, on any impervious surface shall be immediately and
completely removed to the greatest extent practicable.
(4) Fertilizer released on an impervious surface must be
immediately contained and either legally applied to turf or any other legal site, or
returned to the original or other appropriate container.
(5) In no case shall fertilizer be washed, swept, or blown off
impervious surfaces into stormwater drains, ditches, conveyances, or water
bodies.
G) Management of Grass Clippings and Vegetative Matter. In no case
shall grass clippings, vegetative material, and/or vegetative debris be washed,
swept, or blown off into stormwater drains, ditches, conveyances, water bodies,
wetlands, or sidewalks or roadways. Any material that is accidentally so
deposited shall be immediately removed to the maximum extent practicable.
(k) Exemptions. The provisions set forth above in this Ordinance shall
not apply to:
(1) bona fide farm operations as defined in the Florida Right to
Farm Act, Section 823.14 Florida Statutes;
(2) other properties not subject to or covered under the Florida
Right to Farm Act that have pastures used for grazing livestock; and
(3) any lands used for bona fide scientific research, including,
but not limited to, research on the effects of fertilizer use on urban stormwater,
water quality, agronomics, or horticulture.
(1) Training.
(1) All commercial and institutional applicators of fertilizer
within the City of Atlantic Beach, shall abide by and successfully complete the
six-hour training program in the "Florida-friendly Best Management Practices for
Protection of Water Resources by the Green Industries" offered by the Florida
Department of Environmental Protection through the University of Florida
5
Extension "Florida-Friendly Landscapes" program, or an approved equivalent.
AGENDA ITEM# 7B
JANUARY 13,2014
(2) Private, non-commercial applicators are encouraged to
follow the recommendations ofthe University of Florida IF AS Florida Yards and
Neighborhoods program when applying fertilizers.
(m) Licensing of Commercial Applicators.
(1) Prior to 1 January 2014, all commercial applicators of
fertilizer within the City limits of Atlantic Beach, shall abide by and successfully
complete training and continuing education requirements in the "Florida-friendly
Best Management Practices for Protection of Water Resources by the Green
Industries", offered by the Florida Department of Environmental Protection
through the University of Florida IF AS "Florida-friendly Landscapes" program,
or an approved equivalent program, prior to obtaining a the City of Atlantic Beach
Local Business Tax Certificate for any category of occupation which may apply
any fertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators
shall provide proof of completion of the program to the City of Atlantic Beach
City Clerk's office within 180 days ofthe effective date of this ordinance.
(2) After 31 December, 2013, all commercial applicators of
fertilizer within the (un)incorporated area of the City of Atlantic Beach, shall have
and carry in their possession at all times when applying fertilizer, evidence of
certification by the Florida Department of Agriculture and Consumer Services as
a Commercial Fertilizer Applicator per SE-14.117(18) F.A.C.
(3) All businesses applying fertilizer to turf and/or landscape
plants (including but not limited to residential lawns, golf courses, commercial
properties, and multi-family and condominium properties) must ensure that at
least one employee has a "Florida-friendly Best Management Practices for
Protection of Water Resources by the Green Industries" training certificate prior
to the business owner obtaining a Local Business Tax Certificate. Owners for any
category of occupation which may apply any fertilizer to Turf and/or Landscape
Plants shall provide proof of completion of the program to the City of Atlantic
Beach Public Works Director.
(n) Enforcement. The Police Department, the Public Works
Department, and the Code Enforcement Officer, shall enforce this chapter. All
parties are authorized to sign complaints for violation of this chapter.
(1) Violations and penalties. The violation of any provision of
this chapter may be punished by a fine as indicated below. Said fine will be
imposed on the contractor employing the applicator or lawn maintenance worker
found to be in violation. Fines will be cumulative on the contractor regardless of
whether different operators are cited.
(2) Schedule of fines. The following schedule of fmes may be
assessed in cases of violations of Fertilizer Application or Management of Grass
Clippings and Vegetative Matter requirements occurring within the city:
First offense within any 2 month period $ 100.00
6
Second offense within any 2 month period $ 250.00
Third offense within any 2 month period $ 500.00
Fourth or subsequent offense within any 2 month period $1000.00
AGENDA ITEM# 7B
JANUARY 13, 2014
Funds generated by penalties imposed under this section shall be used by
the City of Atlantic Beach for the administration and enforcement of§ 403.9337,
Florida Statutes, and the corresponding sections of this ordinance, and to further
water conservation and nonpoint pollution prevention activities."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this __ day of _____ _
2013.
PASS ED by the City Commission on second and final reading this ___ day of
------' 2014.
ATTEST:
DONNA L. BARTLE CAROLYN WOODS
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
7
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM# 8A
JANUARY 13, 2014
Report on future capital cost replacement for reuse system
compared with proposed rates
December 5, 2013
STRATEGIC PLAN LINK: Strategic Plan Priority #2: Golf Course
BACKGROUND: A recommendation for the adoption of rates for sale of reuse water to
both residential and golf course customers was presented to the City
Commission on October 14, 2013. A question was raised during that
presentation about the cost to replace capital components of the reuse
system in future years and whether or not the proposed residential reuse
rate would be sufficient to cover those costs. This report is to answer
that question.
Reuse system capital equipment to be replaced in the future will include
not only equipment being installed under contract with the City of
Atlantic Beach as previously authorized by the City Commission, but
also reuse lines (purple pipe) being installed by the developer which will
be deeded to the City upon completion. Getting all that information
together has delayed the completion of this response.
Some of the equipment that will require replacement in the future has
life spans as little as five years while other components of the system are
expected to last at least 35 years. Replacement of various small pumps
and motors and repainting of equipment are examples of the shorter time
frames. Piping is one example ofthe 35+ year lifespan.
Most of the reuse lines and equipment will be utilized both for the
residential customers as well as the golf course while other components
will only be related to the residential subdivision.
The annual cost of the future requirements for capital equipment
replacement allocated to the residential customers, based upon the
percentage of reuse water that will be used, equals $20,100 per year. An
allocation of the estimated annual operating cost for the residential
customers is $8,976. Total estimated costs for residential customers
equal $29,076 per year.
BUDGET:
RECOMMENDATION:
ATTACHMENTS:
AGENDA ITEM# SA
JANUARY 13, 2014
The total estimated revenues from the sales of reuse water to residential
customers, as estimated in the September 7, 2013 staff report, is
$58,000. The only other costs which are not included in this calculation
are for meter reading and associated billing. However, those costs are
expected to be minimal, especially considering that the meter readers
will already be on site reading the regular water meters and utility bills
will be sent out to each of those customers for water, sewer and garbage
services.
Consequently, the answer to the question raised by the City Commission
as to whether or not sufficient revenues will be received from the
proposed residential rate to cover the City's costs, including future
capital replacement, is yes.
The cost to construct the reuse system is already included in the City's
FY-14 budget, along with annual operating costs. No capital equipment
replacement is budgeted because the system has not yet been built and
the earliest replacement costs are estimated to be five years in the future.
There are no revenues for reuse included in the City's FY -14 budget
because the first residential units will not be constructed until late in
2014 and the City's agreement with the country club for providing golf
course irrigation does not charge for irrigation during the first year of
construction and grow-in.
This is intended to provide an answer to the Commission's questions.
No action is necessary at this time. However, the City Commission
should adopt rates for sale of reuse water by the summer of2014.
1) Reuse System Replacement Cost Estimate dated 12/5/2013
2) Staff Report of September 7, 2013
AGENDA ITEM# 8A
JANUARY 13,2014
Reuse System Replacement Cost Estimate 12/5/2013
Item/ Replacement Schedule 5 years 6 years 12 years 35 years Total/ Year
A. Shared Equipment
1. Reuse Pumps (3) $6,000 $60,000
2. Chemical Metering Pump Unit
(2 pumps) $1,500 $20,000
3. CL2 Monitoring Equip. $4,000
4. Turbidity Monitoring Equip. $2,500
5. Chemical Storage/ Concrete
Structures $95,000
6. Pipe/ Fittings $337,400
7. Building Canopy $20,000
8. Electrical Equipment $188,100
10. Msc. Yearly replacement $20,000
9. Instrumentation $121,000
Subtotal $27,500 $6,500 $80,000 $761,500
Present Value per year $5,500 $1,083 $6,667 $21,757 $35,007
B. Equipment For Residential Reuse
System Only
1. Hydrotank Repainting/
Replacement $4,000 $45,000
2. Residential Meter Replacement $18,000
3. Pipe Installed by Developer $308,439
Subtotal $4,000 $18,000 $353,439
Present Value Per Year $800 $1,500 $10,098 $12,398
Operating Cost Estimate/ year $40,800
Usage of Reuse
* Golf course GPD 250,000 78%
* Residential units; GPD 180 71,013 22%
Total 321,013 100%
Operating Shared Residential
Allocation of Annual Costs Cost Equipment Only Equip. Total
* Golf Course $31,824 $27,306 $0 $59,130
* Residential Units $8,976 $7,702 $12,398 $29,076
Total $40,800 $35,007 $12,398 $88,205
AGENDA ITEM:
SUBMITTED BY:
DATE:
STRATEGIC PLAN LINK:
BACKGROUND:
CITY COMMISSION MEETING
STAFF REPORT
Proposed Rates for Sale of Reuse Water to Customers
Jim Hanson, City Manager
September 7, 2013
Strategic Plan Priority Number Two; Golf Course
AGENDA ITEM# 8A
JANUARY 13, 2014
Attached for your consideration is a proposed set of rates for reuse water.
These should be adopted by the City Commission by ordinance just like other
water and sewer rates. However, it is not necessary to adopt them immediately
due to the schedule for construction of new homes in the golf course
subdivision and the proposed provision in the Master Agreement with the
Country Club whereby there would be no charge for reuse during the first 18
months of grow-in and operation.
These proposed rates are similar to the cunent Atlantic Beach water rates in
several ways. They have both a base charge and a volume charge based on
metered consumption. There are also separate rates for residential and
commercial customers. This reuse rate adds a third category; bulk customers.
This is similar to the rates for reuse water established by the JEA and Clay
County. A summary of the rates from both of these utilities is attached.
For the proposed reuse rates for residential and commercial customers, the base
charge per month is based on the meter size and is proposed to be the same
amount that the City currently charges for regular water sales. The City's
charges for regular water volume include an increasing block rate whereby the
more a customer uses, the higher amount they pay per thousand gallons. This
rate structure has been required as part of our water consumption permit issued
by the SJRWMD to encourage conservation. While reuse water is also a
valuable resource that should not be wasted, it does not seem necessary to have
as complex a rate structure. Consequently, a single volume charge of$1.49 per
thousand gallons is proposed. This is calculated to be two-thirds of the cost of
regular water for an average 12,000 gallon per month inigation customer. The
12,000 gallon per month figure was obtained by averaging the consumption of
a number of inigation meters in the Selva Links ide Subdivision which are most
similar in size and nature to the lots proposed for the new country club
development. Once the 180 homes are built in the new subdivision, and
estimating an average monthly usage of 12,000 gallons, the revenue to the City
per year for residential customers under this rate structure would be $58,000.
The bulk rate is based upon a pro-rated portion of the estimated operating costs
of the reuse facility. These are cunently estimated to be $40,800 per year.
Based upon this proposed bulk rate, and the provisions in the master agreement
BUDGET:
ATTACHMENTS:
AGENDA ITEM# 8A
JANUARY 13, 2014
for charging the country club for reuse water, the estimate of revenues from the
country club per year will be $16,000.
This brings the estimate of total revenues from the country club golf course and
the new 180 unit subdivision to be $74,000 per year.
The estimated operating costs for the reuse system of $40,800 are already
included in the FY -14 budget. There are no revenues for reuse budgeted in
FY -14 because of the timing of construction and provisions in the proposed
Master Agreement. Total revenues are estimated to equal $74,000 per year
after subdivision construction is complete.
1) Proposed Atlantic Beach Reuse Rates
2) Summary of JEA and Clay County Reclaimed Water Rates as of October
2012
Proposed Atlantic Beach Reuse Rates
Residential
Service Availability Charge:
Meter Size Amount
3/4" $8.97
1" $8.97
1.5" $8.97
2" $8.97
3" $8.97
Volume Charges per 1,000 gallons
Volume Cost/1000 gals.
All kgal $1.49 kgal
Commercial
Meter Size
3/4"
1"
1.5"
2"
3"
4"
Volume
All kgal
Bulk Rate
Volume
All kgal
9/4/2013
Amount
$8.97
$11.22
$22.43
$35.85
$71.73
$112.08
Cost/1000 gals.
$1.49 kgal
Cost/1000 gals.
$0.35 kgal
AGENDA ITEM# 8A
JANUARY 13, 2014
JEA Reclaimed Water Rates as of 11/22/12
Residential Commercial
Service Availability Charge:
Meter Size Amount Meter Size Amount
3/4" $18.90 3/4"
1" $31.50 1" $31.50
1.5" $63.00 1.5" $63.00
2" $100.80 2" $100.80
3" $201.60 3" $201.60
4" $315.00
6" $630.00
8" $1,008.00
Volume Charges per 1,000 gallons
Volume Cost/1000 gals. Volume Cost/1000 gals.
1-14 kgal $2.60 1-14 kgal $3.44
> 14 kgal $5.60 > 14 kgal $3.96
Bulk Rate
Volume Cost/1000 gals.
All kgal* $0.14
All kgal** $0.28
*Customers who are forgoing groundwater withdrawal from SJRWMD
**All other bulk customers
Clay County Utility Authority Reclaimed Water Rates as of October 2012:
Residential Commercial
Base Charge:
Meter Size Amount Meter Size Amount
3/4" $14.69 3/4" $14.69
1" $36.72 1" $36.72
1.5" $73.45 1.5" $73.45
2" $117.51 2" $117.51
3" $235.03 3" $235.03
4" $367.23
6" $734.46
8" $1,175.14
Volume Charges per 1,000 gallons
Volume Cost/1000 gals. Volume Cost/1000 gals.
AGENDA ITEM# SA
JANUARY 13, 2014
1-15 kgal $0.57
16-20 kgal $1.13
> 20 kgal $1.70
1-15 kgal
16-20 kgal
> 20 kgal
Wholesale Rate
Volume
All kgal
$0.57
$1.13
$1.70
Cost/1000 gals.
$0.32
AGENDA ITEM# SA
JANUARY 13, 2014
AGENDA ITEM# 8B
JANUARY 13,2014
AGENDA ITEM NO. ___ _
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Citizen Survey
DATE: November 5, 2013
SUBMITTED BY: Michael D. Classey, Chief of Police
SRATEGIC PLAN LINK: N/A
BACKGROUND:
--------------------
The police department began using citizen surveys in 2004 for the purposes of obtaining
feedback from the citizens, measuring agency performance and gauging the satisfaction level of
services. The survey questions have remained the same so the results in 2004 continue to serve
as a baseline for all future surveys.
The department conducted additional surveys in 2010 and 2013 with the last being completed
October. Five hundred citizens were randomly selected from across the city from the utility bill
list and the surveys were mailed out to them. Response rates have ranged between 22 and 24%
(108 -121) which is very good for a mail out survey.
There were a total of 14 questions on the survey with some intended to elicit an open ended
' response. Other questions were formulated using a Likert-type scale for the response. The rating
scale ranged from 1 to 4 with 4 being the best or highest satisfaction rating. The overall survey
score in the three surveys have been very close with 3.4 in 2004, 3.5 in 2010 and 3.4 again in
2013.
The main crime problem reported by the citizens in the last two surveys was theft followed
closely by speeding. In contrast, the top two complaints in 2004 were drugs followed by
prostitution. When asked what the PD could do to improve the quality of life, another common
theme became readily apparent. The top answer was that the citizens wanted increased visible
patrol; however that number had decreased from 44 in 2004 to 34 in 2011 and 31 in 2013. The
second highest response in all 3 surveys was to continue the good work.
A general comment or suggestion section asking what the PD could do to serve the citizens
better was included in the surveys. The top response in the last two surveys was that the PD is
"doing a great job" which generated a 20% plus response. "More speed control and traffic
enforcement'' and "more patrols" made up the rest of the top three comments. It was also
AGENDA ITEM# 8B
JANUARY 13, 2014
apparent in the 2010 and 2013 surveys that the citizens appreciate the bike and foot patrols and
would like there to be more of them.
BUDGET: None
RECOMMENDATIONS: For Commission review
ATTACHMENTS: Survey questions and results
REVIEWED BY CITYMANAGEwR~=:.........-~..:;;:::::::::.;111!-..------------
2004 115 3.64 3.25
2011 121 3.63 337
2013 108 3A9 3.16
TOTAL OVERALL AVERAGES
CITIZEN SATISFACTION SURVEY
3.44
3A6 3.67
3.25 3.43
331
3.41
3.64 3.27 3A1
3.71 3.64 3.59
3.53 3.58 3.42
2013 CITIZEN SATISFACTION SURVEY
108 RESPONSES
1. What do you feel are the main crime problems in your neighborhood?
Thefts-23 {21%)
Speeding-21 {20%)
Answered None-15 (14%)
Break-ins-10 {9%)
Drugs/Alcohol-S {5%)
Transients-5 {5%)
Prostitution-1 (<1%)
Parking-2 {2%)
Animal Control-3 (3%)
Vandalism-8 (7%)
*Note-Did not provide a response-16 (15%)
AGENDA ITEM# 8B
JANUARY 13, 2014
2. What do you feel the police department can do to improve the quality of life In Atlantic Beach?
Want increased patrols (especially bike/foot)-16 {15%)
Responded to continue the good work-15 {14%)
Want more neighborhood patrols (officers get to know the residents)-13 (12%)
Want more visibility-15 (14%)
More speed control-6 {6%)
More vigorous enforcement & crime control-10 (9%)
Other-11 {10%)
*Note-Did not provide a response-22 (20%)
3. Please circle the number of contacts (telephone or In-person contacts) that you had with the
Atlantic Beach Police Dept in the past 12 months
Total Responses--1 02
0 Contacts-35 (34%)
1 Contact-24 (24%)
2-3 Contacts-34 (33%)
3+ Contacts-9 (9%)
4. What was the nature of the contact(s?)
Nature of Contact--92
lncident--32 (35%)
Victim/Crime-9 (10%)
Witness-6 (6%)
Accident-2 (2%)
lnformation-15 (16%)
Arrested-0
Stopped/Detained-6 (7%)
Other-22 (24%) ·
AGENDA ITEM# 8B
JANUARY 13, 2014
5. Please circle the employee with whom you have had the most recent contact (telephone or in-
person) in the past 12 months.
Total Responses-SO
Officer-44 (55%)
Dispatcher-34 (43%)
Records--2 {2%)
6. Please rate the appearance, courtesy, helpfulness, and overall competence of the employee you
circled in question 3 by circling a response in each of the categories below:
Appearance--63
Very Good-43 (68%)
Good-17 (27%)
Poor-2 (3%)
Very Poor-1 (2%)
Courtesy--70
Very Good-41 (59%)
Good-22 (31%)
Poor-6 (9%)
Very Poor-1 (1%)
Helpfulness--70
Very Good-40 (57%)
Good-21 (30%)
Poor-8 (12%)
Very Poor-1 (1 %)
Competency--70
Very Good-41 (59%)
Good-22 {31%)
Poor-5 (7%}
Very Poor-2 (3%}
7. Generally, I was satisfied with the way the department handled my situation or request.
Total Responses--70
.Strongly Agree-27 {39%)
Agree-31 (44%)
Disagree-6 (9%)
Strongly Disagree-5 (7%)
Not Sure-1 (1 %)
8. If I had a similar situation or request In the future, I would be satisfied if the same officer or
employee handled it.
Total Responses--70
Strongly Agree-28 (40%)
Agree-29 (41%)
Disagree-4 (6%)
Strongly Disagree-4 (6%)
Not Sure-5 (7%)
AGENDA ITEM# 8B
JANUARY 13, 2014
10. Please give us your overall impression of Atlantic Beach Police Officers as a group by circling
a response for each of the following categories:
Appearance-99
Very Good-57 (58%)
Good-35 (35%)
Poor-4 (4%)
Very Poor-1 (1 %)
Not Sure-2 (2%)
Courtesy--100
Very Good-49 (49%)
Good-37 (37%)
Poor-3 (3%)
Very Poor-5 (5%)
Not Sure-6 (6%)
Helpfulness--97
Very Good-50 (52%)
Good-34 (35%)
Poor-4 (4%)
Very Poor-4 (3%)
Not Sure-6 (6%)
Competency--1 00
Very Good-49 (49%)
Good-37 (37%)
Poor-3 (4%)
Very Poor-4 (4%)
Not Sure-6 (6%)
11. The members of the Atlantic Beach Police Department respond in a fair, and impartial manner
when dealing with the racial, religious, and the ethnic communities.
Total Responses--83
Strongly Agree-30 (36%)
Agree-48 (58%)
Disagree-3 (4%)
Strongly Disagree-2 (2%)
12. Would feel comfortable calling the Atlantic Beach Police Department for assistance.
Total Responses--104
Strongly Agree-62 (60%)
Agree-36 (35%)
Disagree-5 (4%)
Strongly Disagree-1 (1%)
AGENDA ITEM# 8B
JANUARY 13, 2014
13. Overall, I feel that the City of Atlantic Beach is a safe place to live, work, and do business.
Total Responses-107 (September 26, 2013)
Strongly Agree-63 (59%)
Agree-43 (40%)
Disagree-1 (1 %)
Strongly Disagree-a
14. Your suggestions are always appreciated. Please comment on anything you feel will help the
Atlantic Beach Police Department serve you better:
Total Survey Responses-108 (multiple suggestions from some)
Doing a great job-22 (20%)
More speed control & traffic enforcement-13 (12%)
More patrols including bike & foot patrol-5 (5%)
Improve animal control---5 (5%)
Be more "people oriented"-12 (11%)
Other-9 (8%)
Did not provide a response-42 (21%)
TOTAL OVERALL AVERAGES
Question # 6-3.49
Appearance-3.62
Courtesy-3.4 7
Helpfulness-3.43
Competency-3.46
Question# 7-3.16
Question # 8-3.25
Question# 10-3.43
Appearance-3.53
Courtesy-3.38
Helpfulness-3.45
Competency-3.37
Question# 11-3.28
Question #12-3.53
Question #13-3.58
TOTAL AVERAGE 3.42
Quarterly Report At lant ic Beach Pol ice De pa rtment 3rd Quarter 2013
3rd Quarter 3 rd Qua rter 3rd Quarter 3rd Quarter 3rd Qua rte r 2012-2013 Year to Date Year to Date Yea r to Date Year to Date Year t o Date l 2012-2013
2009 2010 201 1 2012 2 0 13 Comparison 2009 2010 201 1 2012 2013 Compar ison
Murder 0 0 1 0 0 0% 0 0 1 0 0 0%
Rape 0 1 0 2 1 -50% 5 5 8 3 5 67%
Robbery 5 5 4 3 2 -33% 12 15 12 11 8 -27%
Aggravated Assault 19 20 12 11 13 18% 40 34 38 27 34 26%
Burglary 19 30 28 14 28 100% 62 80 67 48 57 19%
Larceny 83 97 82 73 73 0% 265 241 234 199 183 -8%
Auto T heft 2 4 5 0 6 600% 9 16 15 3 13 333%
Total 128 157 132 103 123 19% 393 391 375 291 300 3%
Calls for Service 7786 7970 6093 5875 5412 -8% 22662 23159 20183 16557 17198 4%
TOTAL ARREST S 263 186 223 252 189 -25% 749 603 671 687 588 . -14%
D UI Arrests 54 54 68 81 73 -10% 142 208 197 202 199 -1 %
Traffic Citations 1694 1103 957 1064 8 87 -17% 3932 3378 3186 3055 3619 18%
Auto Accidents 77 58 88 56 64 14% 206 177 209 188 205 9%
Emergency Response Time Average 3 min 8 sec 1 mi n44 sec 2min37sec 2 min 54 sec 3 min 39sec 2 min47sec 1 min 34sec 2min33sec 2 min 56 sec 3 min lsec
Stolen Property s 124,188 s 361,210 $ 188,163 $ 143,457 s 114,436 -20% s 469,851 6721 46 $ 525,907 $ 344,452 $ 346,840 1%
Recovered Property s 7 ,112 s 202,807 $ 40,551 $ 45,495 $ 11,703 -74% $ 64,672 272265 s 197,887 s 77,833 s 129,292 66%
Recovery Per centage 6% 56% 22% 32% 10% 14% 41 % 38% 23% 37%
Crime Suppression -
Felony Arrests 20 25 19 10 3 -70% 48 43 49 24 14 -42%
Misdemeanor Arrests 12 11 8 14 2 -86% 54 44 26 58 22 -62%
Alcohol Deployment Arrests 0 2 2 3 3 0% 10 7 5 10 13 30%
Prosti tuti on Arrests 2 4 5 0 0 0% 28 25 5 0 2 200%
A nimal Contr ol
Phone Calls 606 681 534 531 492 -7% 1842 1975 1735 1753 1258 -28%
Citations 82 60 70 51 30 -41% 234 195 220 129 115 -11%
Animal Bites Reported 9 5 3 4 4 0% 15 11 10 10 7 -30%
Animals Impounded 84 142 97 93 79 -15% 278 359 288 282 223 -21%
Fir e Department
EMS Calls 197 225 244 330 224 -32% 591 632 685 827 639 -23%
Response T ime 4 min40sec 4 min48 sec 4min 26sec 6 min 1 sec 4 min 49sec 4 min22sec 4 m in41 sec 4 min 30 sec 4min 51 sec 4 min 42 sec
Fire Calls 43 4!S 4~ :,~ :Sl -41'7• 137 13!:> l!>G lb:i IS!> -48"/o
Response Time 4 min 13 sec 4min 06sec 4min 26sec 4min 57 sec 5 min 14sec 4 min 16 sec 4 min 02 sec 4 min33 sec 4 n1in 58 sec 4 min 34 sec
Note: A procedural change in mid 2011 on how case follow-up actions were logged into the computer system resulted in the decreases of calls for service seen abov
AGENDA ITEM # 8C
JANUARY 13, 2014
Highlights
Atlantic Beach
Police Department
3 rd Quarter 2013
AGENDA ITEM# SC
JANUARY 13, 2014
The police department completed the last of three "Yield to Life; Look All-Ways" pedestrian
and bicyclist safety campaigns this quarter; focusing on selected areas based upon crash data.
The campaign raised a lot of awareness and was highly visible not only in Atlantic Beach but
also on media outlets throughout Jacksonville. Over 750 T -shirts in total were given out
during the campaigns while speaking with bicyclists and pedestrians traveling in the area; as
well as over 12,000 educational brochures distributed to local residents, pedestrians, drivers of
vehicles, and patrons of Atlantic Beach businesses.
One full time officer remains dedicated to the COPS (Community Oriented Policing)
program. This officer spends much of his time interacting with citizens within the
community, building positive relationships, patrolling on a bicycle to allow more citizen
interaction, and visiting the community centers and city parks on a daily basis. He contacts
local transients and people in need to offer resources, and is a familiar face to most local
business owners. The COPS officer works closely with other city departments on a regular
basis such as code enforcement and the park rangers. The salary of the COPS position
remains predominantly grant funded. Grant funding towards this position in the 2014 fiscal
year has been secured in the amount of$39,205.
The Atlantic Beach Police Depmiment continues to have an exceptional emergency response
time. The average emergency response this year is 3 minutes and 1 second.
The police depmiment conducted a citizen satisfaction survey. The survey was mailed to 500
residents, which was comprised of a cross section of the entire city. They were asked to
answer mm1y questions regarding the quality of life, police service, interactions with police
and their level of satisfaction. On a scale of 1 to 4 with 4 being the highest, the overall score
was 3.4. We received 111 completed surveys from citizens.
Crime
The state wide semiannual Pmi I (Murder, Rape, Robbery, Aggravated Assault, Burglary,
Larceny and Auto Theft) crime statistics has recently been published. Atlantic Beach
experienced 177 part one crimes during the first half of the year. Including the third qumier,
Atlantic Beach has had 300 reported part one crimes. That is 3% more than the same time
frame in 2012 (291 ), but still down significantly from 2009 -2011. Atlantic Beach continues
to have the lowest per capita crime rate in the county and as compared to the State average.
Location AB NB
Per Capita Crime
Rate Semiannual
2013 13.9 16.5
2012 14.9 14.2
2011 17.7 18.7
2010 16.9 19.3
2009 19.2 20.0
JB JAX
22.7 22.1
27.3 23.6
27.7 23.3
26.1 24.7
34.4 29.9
Florida
18.8
19.0
19.9
21.3
21.3
AGENDA ITEM# 8C
JANUARY 13, 2014
We continue to track crime and crime trends in the Maypmi Corridor. Of the 300 Part I
crimes reported city wide through the third qumier, 81% or 243 occurred in the Mayport
Corridor. There were 29 violent crimes (Aggravated Assault, Robbery and Rape) in the
corridor so far this year as compared to 25 at the same time in 2012. That is still a 47%
reduction (54 vs. 29) from 2011. Last year the city experienced a very dramatic drop in all
crime that correlated with an entire multifmnily housing ownership change with a complete
renovation during which time the complex had no residents. It was reported throughout 2012
that the police department did not anticipate those decreases being maintained after the units
becmne occupied.
Year to date, traffic accidents were up slightly from the smne time frmne in 2012; from 188 to
205 reported accidents. At the end of the third qumier this year we had 20 reported accidents
involving pedestrians/bicyclists as compared to 21 last year.
Productivity
The Police Depmiment had 17,198 calls for service through the third quarter of 2013, a 4%
increase from the same time frame in 2012. There were 588 arrests through the third qumier.
The crime suppression unit has worked with staff shortages for a pmiion of the year; however
they have still been responsible for 36 arrests and have conducted monthly alcohol
compliance checks to ensure that retailers are not selling alcohol to minors.
Personnel
Currently the Police Depmiment has one Emergency Communications Dispatcher position
opening and two police officer vacancies. Applicants are currently being processed and
selected for all of these openings.
Training
The Department is deeply committed to providing quality training to all its employees. In the
third quarter of2013, employees have attended training in the following topics:
• Alcohol and Drug Impaired Driving
• Police Bicycle Operator Course
• FDLE Forensic Training
• Roadside Interview Techniques and Detecting Deception
• Narrative Reconstruction
• Middle Management
• Firearms
• DUI Standardized Field Sobriety Testing
• Future LE Executives Seminar
• Criminal Investigative Techniques
• General Instructor Refresher
AGENDA ITEM# 8C
JANUARY 13, 2014
Advanced training keeps employees current and on the cutting edge of Public Safety
techniques, trends and strategies. The Department believes a better trained employee results in
the delivery of a higher quality of service. The above list does not include classes taken by the
employees who are enrolled in various college degree programs.
AGENDA ITEM:
SUBMITTED BY:
DATE:
AGENDA ITEM H 8J>
JAN UARY 13 .2014
AGENDA ITEM NO. ___ _
DATE :--------
C ITY OF A TLA NTrC BEACH
CITY COMMISSION MEETING
STAFF REPO RT
Through Jots between Beach Avenue and Ocean Boulevard
Michael Gri ffin, CBO, CFM Bui ldin g and Zo ning Director ~
December 5, 2013
STRATEGIC PLAN LINK: None
BACKGROUND:
Attached is a copy of the November 19, 2013 staff rcpmt submitted to the Community
Deve lopment Boa rd (COB) to di scuss C it y Code Section 24-84 (c) which relates to tlu·ough lot s
a lo ng Beach Avenue and Ocean Boulevard . Thi s section req uire s double frontage lot s extending
from Beach Aven ue to Ocean Bou levard to have the front ya rd face Ocean Bou levard. As
ind icated to the CDB, I 0 of the 22 through lots already front and have a Beach Avenue address.
On ly 4 through lots are addressed and front along Ocean Boulevard, th e other lots hav e s ide
street addre sses. Currently the ordinance requires an existing through propctty to redirect the
front yard to Ocea n Avenue if the ex isting structure is demoli shed and rebui lt. Staff requests the
Commission eliminate thi s portion of Section 24-84 to allow through lots to front onto either
Beach Avenue or Ocean Bouleva rd . Below is a list of through lot addresses fronting onto Beach
Avenue.
120 Beach A venue
0 Beach Avenue (unpubli shed address)
250 Beach A venue
136 Beach Avenue
178 Beach A venue
328 Beach A venue
436 Beach Avenue
620 Beach A venue
360 Beach A venue
578 Beach A venue
The CDB voted unanimously (see attached draft minutes) to request Section 24-8 4 (c) be
amended to allow throu gh lots alo ng Beach A ve nue a nd Ocean Boulevard to front along Beach
Avenue. Our Public Work s Department docs not object to this amendment and docs not consider
thi s as addjng a trafi'ic impact thi s portion o f Beac h Ave nu e.
BUDGET:
RECOMM ENDATION :
ATTACHMENTS:
No Impa ct
Motion to request City staff to draft proposed ordinance amending
Section 24-84 (c) requiring through lots along Beach I\ venue and
Ocean Boulevard to have front yard face Ocean Boulevard.
November 19, 20 13 COB staff report and draft minutes.
REVIEWED BY CiTY MAN AGE R: -=~~;;:::~,~t:=-----------
(
City of Atlantic Beach Building and Zoning Department
800 Seminole Road
Atlantic Beach, Florida 32233
Telephone (904) 247-5800
Fax (904) 247-5805
www.coab.us
Memorandum
To: Community Development Board
From: Michael Griffin, CBO, CFM Building and Zoning Director ~
Date: November 5, 2013
Re: Through lots between Beach A venue and Ocean Boulevard
AGENDA ITEM# 8D
JANUARY 13, 2014
This is to request a recommendation from the Community Development Board to the City
Commission that through lots between Beach A venue and Ocean Boulevard be allowed to have
front yards that access along Beach Avenue. City Code Section 24-84. (c) Double frontage lots
states, "Special treatment of Ocean Boulevard lots with double jrontage. For double frontage lots
extending between Beach Avenue and Ocean Boulevard, the required front yard shall be the yard,
which faces Ocean Boulevard."
Currently there are 22 total through lots between Beach A venue and Ocean Boulevard with 10 lots
addressed on Beach A venue, 5 lots addressed on side streets, 4 lots with Ocean Boulevard
addresses, and 3 vacant lots with no address. Given the current available access and street width
there does not appear to be a reason Beach A venue cannot handle the possible 7 properties that
may want to have access to Beach Avenue. Our Public Works Department has no objection to
allowing the remainder of lots to front onto Ocean Boulevard.
22 total through lots
4 lots with Ocean Blvd address
10 lots addressed on Beach Ave (orange)
3 lots vacant no address
5 lots addressed on side streets
Draft Mimtte.f oft he October 15. 20 13 regu lar meeting of the Community De11elopment Board
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
November 19, 2013
1. CALL TO ORDER.-6:06pm
AGEN DA ITEM II 8D
JANUARY 13,20 14
Chair Brea Pau l verified the prese nce of a quorum with the attendance of, Kelly Elmore,
Harley Parkes, Patrick Stratton and Sy l via Simmons. The m eeting was called to order at
6:06pm. Also present wa s the Building and Zoning Director , Michael Griffin,
Redeve lopment and Zoning Coo rdina tor, Jeremy Hubsch and Recording Secretary Jenny
Walker. Kirk Hanson arrived at 7:00pm, Ja so n Burge ss was absent.
2. ADOPTION OF MEETING MINUTES-October 15, 2013.
Brea Pau l called for a motion to approve the minutes of t he October 15, 2013 regular
meeting. Kelly El more moved that minutes be app roved as written. Patrick Stratton
secon ded the motion and it carried by a vote of 7-0.
3. OLD BUSINESS. N one.
4. REPORTS.
A. Boats and Trailers. Brea Paul asked for a vote by s how of hands to talte t h e
Agenda out of order and discuss Boats and Trailers ahead of New Business
based on the number of citizens in attendance to speal{ on this topic. Brea
Paul stated the Boats and Trailers Ordinance was discussed at the October 15111
meeting and the Board had asl<ed staff for some additional details to include
the acb.lal number of violations that were acrually present. Michael Griffin
spoke stating the Board aslced for some site boundary information, Code
Enforcement information and -slaff did a survey of 80% of Atlantic Beach and
found that there were 21 boat violations, 13 of the violations the boats could
be relocated on the property and be fo und in compliance. 28 boats were
found in compliance. Five trailers and campers were found in violation and 9
trailers and campers were found in compliance. On the Code Enforcement
issues we average 10 complaints per month for boats and trailers or
recreational vehicles in the front yard. Mr. Griffin refreshed the boards
memory that Jacltsonville, St. Augustine, Neptune Beach and St. Johns County
has the same regulations of no boats or trailers in the front 20ft front yard
setback. Jacl(.sonville Beach allows one 20 ft boat in the front yard setback
Atlantic Beach is less restrictive than Jacl(sonville, Neptune Beach, St.
Augustine and St. Johns County by allowing the boat to be 15ft from the front
property line. The Board also aslted for some boundary information. Mr.
Griffin showed a plat of the Park Terrace subdivision stated that when plats
are set up houses are set up on the lot with generally a 2 0ft setbaclc, anything
Pagc l o f 5
Omfl Mi nu tes of th e October 15. 2013 regulormecting of the Co /111/lll ll ily Development Board
/\GEN OA IT EM # 80
JANUARY 13,20 14
beyond that 20ft setbacl( is in the right of way. He then showed several
examples of compliant lots and noncompliant lots boats, trailers and campers.
I<elly Elmore questioned how long time wise can a boat or recreational vehicle
be in the right of way before Code Enforcement will ticket it. Mr. Griffin
responded slating Code Enforcement will leave a courtesy notice first giving a
reasonable time. Mr. Elmore aslted and if the homeowner slates that it is a
visitor and it will be removed in a few days ? Mr. Griffin stated the City will
worlt with them before taldng any code enforcement action. The firstspeal<er
was Mr. Paul Gunsaulis, 780 Begonia Street. Mr. Gunsaulis stated that because
everyone in Atlantic Beach has different lot lines, he feels the only way the City
can uniformly enforce the Boats and Trailers Ordinance is to change the
wording on b (2) from stating "15 ft setback from the lot line" to read "15ft
setbaclt from street pavement." He states that would put him in compliance.
The second spealter was Michael Hampton, 651 Begonia Street. He slated
someone from the City came out to his property yesterday and told him he
could tal<e down 2 trees on the lot and move his boat baclt and be in
compliance. He said it is absurd for him to remove trees and that too many
trees have been removed in Atlantic Beach already. He states again that "he
will not remove his boat, the City can fine him all they want, he will not move
his boat". The third speaker was Linda Spencer, 282 Magnolia Street. She
agrees with homeowners having home rights but her neighbors have their
boat parlted right underneath her bedroom window. She is in favor of the
Ordinance the way it is. Final spealter is Chris Lambertson, 357 121h St.
Believes the Issues with Boats and Tt•ailers started because of the lacl< of Code
Enforcement on this ordinance in the past. Mr. Lambertson believes that our
codes are too lax for boats aesthetically and the noise factor and that the City
should increase the setbaclt for boats, trailers and recreational ve hicles. l<elly
Elmore stated that this ordinance is in place for a reason and we do have the
most lax ordinance compared to surrounding municipalities. He feels the
ordinance s houkl be left just as it is. The ordinance withholds the standard
aesthetic throughout the City. Harley Parkes stated that he agrees with Mr.
Elmore. Sylvia Simmons state d that she drove alJ over the City and was
surprised at how few violations she saw. Ms. Simmons stated reducing the
requirement may result in creating more boats and trailers. She doesn't thinl<
the Ordinance should be changed at aiL Brea Paul says she concurs with all
the other board members, we have the most lax code already.
I<elly Elmore made a motion to keep the Boats and Trailers Ordinance as
written in place, unaltered Harley Parkes seconded the motion and it carried
by a vote of 6-0.
5. NEW BUSINESS.
A. SPA-13 -00100075 (PU BLI C II EAIU NG)-2 01 Mayport Road
Staff
Report
R equest fo r S pecia l Pla nned Ar ea (SPA) r ezonin g as permi tted by Sectio ns
24-J1 6 thro u gh 24-126, t o a llo w a m aximum of 80 reside n t ia l units. T he
property is c urre n t ly zone d Commerci a l Li mited (CL) a nd R es ide ntia l
Gen eral-M ulti-Family (RG-M). T h e F uture La nd Usc Des ig n atio n IJig h
ensity (_lUI).
Jeremy Hub sch, Red evelopme nt and Zoning Coord inator gave a
Page 2 o f 5
Draft Minutes of the October 15, 2013 regular meeting oft he Community Development Board
AGENDA ITEM# 8D
JANUARY 13, 2014
Applicant
Comment
presentation about SPA-13-00100075. Mr. Hubsch showed an
aerial of the site and described the neighboring sites. Stated that
the site was formerly a development of 96 units that had been
previously torn down roughly 10 years ago. He then showed a
Future Land Use Map and discussed density of surrounding
properties and the zoning. Subject property is 7.2 acres and the
applicants are proposing a maximum of 80 residential units.
Maximum allowable density is 20 units in a Residential High
Density Land Use, and the applicants are proposing a development
with 11.2 units per acre, so it is below the maximum density. The
applicants are proposing 4 unit types, Single family, duplex, triplex
and quadplex. As it is currently designed, there will be only one
single family home. They will be providing 2 parking spaces per
unit and 20 visitor parking spaces. There will be a 10ft landscape
buffer along Mayport Road, which is required per our Mayport
Corridor Standards. There will be a Sft landscape buffer along the
entire Northern, Southern and Eastern property boundary, which
is not required by our code. The Commercial Corridor standards
for construction materials along Mayport Road will be met. It is
anticipated that the proposed 80 units will be mostly duplex,
triplex, and quadplex buildings. The applicants do not yet know
what customer demand will be like, and thus would like the
flexibility to alter the unit type shown on the site plan, while
maintaining the same general layout. The SPA clearly states that
any modifications that change the use, building height, density,
buffers and open space, and access points/driveways will need to
come back before the Community Development Board and
Commission as required per Section 24-124. Habitat for Humanity
plans to create an HOA to maintain the project in perpetuity, but
at this time the HOA documents have not yet been created. Mr.
Hubsch states that Per Section 24-62.c.2, the Community
Development Board shall "Indicate the relationship of the
proposed rezoning to the comprehensive plan for the city and
provide a finding that the requested change in zoning is consistent
with the comprehensive." He then discussed some of the goals,
objectives, and policies of the comprehensive plan that are
relevant to this project. Mr. Hubsch gave an overview of the
thirteen waivers that the applicants are requesting. He also gave
an overview of the boards required actions. He also stated that
staff does not have any recommendations at this time and will be
leaving the decision up to the board.
The applicant, Jay McGarvey, Chairman of Beaches Habitat stated
that they are very excited to present this model community for the
Page 3 of5
AGENDA ITEM# 8D
JANUARY 13, 2014
Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board
Public
Comment
Board
Discussion
Motion
residents of Atlantic Beach. He states that this development will
dress up Mayport Road. He then introduced the President of
Beaches Habitat, Mr. Brian Wheeler. Mr. Wheeler presented
several examples of other neighborhoods that have developed
using the same traditional neighborhood design that Habitat is
proposing. He showed computer images of the before and after of
the site. He also showed example floor plans of the units. He
discussed parking, sidewalks, front and rear yards, landscaping and
drainage on the project. Kelly Elmore stated he is concerned given
the location and the density request, will crime and home values
become an issue. Mr. Wheeler stated that he feels there is a
difference in behavior of renters of high density apartments and
homeowners. He then discussed all of the requirements the
prospective homeowners must comply with before being given the
privilege of home ownership with Beaches Habitat. Mr. Elmore
then asked how the development is handling stormwater. Mr.
Wheeler pointed out that most of it will drain under the park to a
underground system created with the existing concrete that is on-
site and the rest is already currently flowing to Mayport Road.
Habitat will work with FDOT concerning the drainage issues.
The first public speaker was Matthew Chimumento, 632 Main
Street, stated he is very glad to see something going into the
"bombed out" shelter. His concerns were regarding how many
more of these type homes or developments are going to be coming
up in Atlantic Beach? Is Atlantic Beach going to become totally
focused on Beaches Habitat homes? He was also concerned about
the lack of storage with no garages and having the front and rear
porches start serving as garages with outside storage. The second
public speaker was Mike Whalen, business owner on Mayport
Road. Mr. Whalen stated he thinks this is the wrong location for
this project. Is Atlantic Beach going to become the "poster boy"
for Beaches Habitat. He thinks this is too many low income people
in one project and that this will turn back into what the Palms
turned into and that it will close businesses on Mayport Road.
Kirk Hanson had questions regarding if they grant the variances for
this SPA do they have to do the same for all future SPA's. The
board decided they are decided on a case by case basis. Brea Paul
was concerned about the park being turned into a retention pond
for drainage. Mr. Hubsch stated that then that change would have
to come before the board again.
Sylvia Simmons made motion to approve SPA-13-00100075 and it
Page 4 of5
Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board
AGENDA ITEM# 8D
JANUARY 13, 2014
was seconded by Harley Parkes. It was unanimously approved 6-0.
6. REPORTS.
A. Through Lots. Michael Griffin stated that this item is to request a
recommendation from the Community Development Board to the City
Commission to repeal Section 24-84. (c) The Land Development Code which
relates to double frontage lots which requires new structures built in between
Beach Avenue and Ocean Blvd. to actually front onto Ocean Blvd. Currently
there are only 4 lots with Ocean Blvd addresses and 10 lots addressed on Beach
Avenue, and 3 vacant lots with no address. Sylvia Simmons is concerned about
letting homeowners place 6ft tall fences right along Ocean Blvd. Mr. Parkes
stated that the economic value of having a Beach Ave. address is not arguable.
Kelly Elmore made a motion to amend the code to allow through lots between
Beach Ave. to Ocean Blvd. to front on Beach Ave. Mr. Stratton seconded the
motion. The motion was unanimously approved 6-0.
B. Tree Ordinance. Michael Griffin stated that the Tree Ordinance is not up for
discussion for this evening. Mr. Griffin stated this is just a heads up that this will
be coming up in the December meeting. Mr. Elmore stated he will be missing
the December 17th meeting. Brea Paul stated that Jason Burgess will not be
staying on the board and the new board member will be Linda Lanier.
7. ADJOURNMENT-8 :31 PM
Brea PauL Chair
Attest
Page 5 of5
AGENDA ITEM:
SUBMITTED BY:
DATE:
AGENDA ITEM# 8E
JANUARY 13, 2014
AGENDA ITEM NO. ___ _
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Rezoning for SPA -13-001000715
201 Mayport Road
DATE: ________________ __
Michael Griffin, CBO, CFM M/
Building and Zoning Director v lp
Jeremy Hubsch
Redevelopment and Zoning Coordinator
December 6, 2013
STRATEGIC PLAN LINK: Goal Number 7, Mayport Corridor. This goal is to build, encourage, and
support a vibrant commercial corridor and strong residential neighborhoods along Mayport Road and
adjoining neighborhoods.
BACKGROUND: The applicants are requesting to rezone a 7.2 acre property that is currently zoned
Commercial Limited (CL) and Residential General Multi-Family (RG-M) to a Special Planned Area
(SPA) for up to 80 residential units. The property is located on the eastern side of the Mayport Road
flyover, near Atlantic Boulevard. As proposed, the project will consist of a variety of multi-family
dwelling types that include duplex, triplex, and quadplex units. The property is in a Residential High
Density Future Land Use District, which allows a maximum of 20 units per acre. The proposed project
has a density of 11.2 units per acre.
The applicants are seeking to create a unique development that would not ordinarily be allowed in a
traditional zoning district. The Community Development Board staff rep01t details the specifics of the
development, waivers requested, and sections of the Comprehensive Plan that relate to the project.
The Community Development Board considered this request along with comments from staff, the public
and the applicants at the November 19 111 meeting, and the Board recommended approval by a vote of 6-0.
The board found the request consistent with the Comprehensive Plan and Future Land Use Map, as well
as Division 6 of the Land Development Regulations, which relates to Special Planned Area Districts
(SPA)
BUDGET:
RECOMMENDATION:
None.
Review recommendation of Community Development Board for
consideration to draft ordinance amending zoning to a Special Planned
Area.
ATTACHMENTS: Draft minutes of the November 19, 2013 Community Development
Board meeting; copy of Community Development Board staff report;
copy ofSPA-13-00100075 application.
REVIEWED BY CITY MANA~-----7 •
AGENDA ITEM
CASE NO
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
4A
SPA-13-00100075
AGENDA ITEM II 8E
JANUA RY 13,20 14
Req uest for Special Planned Area {SPA) rezon ing as permitted by Sectio ns 24-116
through 24-126 to allow a maximum of80 residential units. The property is curre ntly
zoned Commercial Limited (CL} and Residentia l Genera l-Mul ti-Family (RG-M). The
Future Land Use Designation is Resi dentia l High Density (RH}.
LOCATION 201 MAYPORT ROAD
APPLICANT HABITAT FOR HUMANITY BEACHES
DATE NOVEMBER 12, 2013
STAFF JEREMY HUBSCH, REDEVELOPMENT AND ZONING COORDINATOR
Staff Comments
Baclcground
The s ubje ct properly contains approxim a te ly 7.2 aaes
a nd is located on th e east s ide of Maypo rt Road, just
no1·th of Atl antic Boul ev ar d . The prope rty is cu•·•·e ntly
zoned Comme t·cia l Limite d (C L) a nd Resi d entia l
Ge n e ral Multi -Fam il y (RG-M). The appli cants are
seekin g to r ezone the property to a Special Planne d
Area (S PA) for t h e construction of up to 80 •·es idential
uni ts.
Th e s ite is cuJTc nt ly vacant and p 1•evious ly contai n e d a
98 unit multi -family co mplex, which was torn down a
few years ago. The constructio n of the Mayport fl yover
and subsequen t lack of access to Mayport Road s outh
m ak es the s ite less s u itable for commercial
d evelopme nt a nd more s uita ble for r esid e ntial. The
applicants are requesting to build a m ax imum of80
r esid ential uni ts. As proposed, t h e project will have a
d ensity of 11.2 units p er acr e, which is be low the
m ax imum of 2 0 uni ts p er acr e in t h e Resid e ntia l High
Density Future Land Use Distri ct.
I 1
I .
I
Project Description
AGENDA ITEM# 8E
JANUARY 13, 2014
Habitat for Humanity is seeking to use the Special Planned Area District (SPA) to create a unique development that
otherwise would not be allowed by a conventional zoning district in Atlantic Beach. Planned developments
generally enable flexibility for building setbacks, lot widths, and lot coverage; in exchange for the creation of park
space, open space, and landscaped buffers. Per Section 24-116 of the Atlantic Beach Land Development
Regulations, "The purpose of the special planned area district is to create a mechanism to establish a plan of
development or redevelopment for a site where the property owner and the community's interests cannot be best
served by the provisions of the conventional zoning distdcts, and where assurances and commitments are
necessary to protect the interests of both the property owner and the public, and also the unique qualities of the
City of Atlantic Beach."
The proposed project has smaller lot widths and building setbacks, and higher lot coverage than allowed in a
standard development in Atlantic Beach. However, this is a unique development for Atlantic Beach. The applicants
have described the design of the development as a Traditional Neighborhood Development (TND). While staff does
not believe the development to be a fully fledged TND, it does display some elements from a design standpoint
such as a centrally located park space, alleys, front porches, and walkability. The scale of the project and location
along a stretch of Mayport Road that has no left turn lanes is a deterrent to the mixed use ( commercialjretail)
component of a Traditional Neighborhood Development. Additionally, the development is lacking connectivity to
adjacent neighborhoods, which often occurs in a TND,
The SPA is providing a centrally located park space, though not required to per Atlantic Beach Code. Only
developments over 10 acres must provide recreation per 24-257. However, this project can hypothetically have a
higher population than a 10 acre development in a Residential Low Density Future Land Use, which has a
maximum density of 6 units per acre. The applicants are providing 5 feet of landscaped buffers along the entire
northern, eastern, and southern property boundaries, though not required to by code. There will be a 10'
landscaped buffer along the entire Mayport Road facing corridor, which is required by the Atlantic Beach
Commercial Corridor development standards outlined in 24-171.
It is anticipated that the proposed 80 units will be mostly duplex, triplex, and quadplex buildings. The applicants do
not yet know what customer demand will be like, and thus would like the flexibility to alter the unit type shown on
the site plan, while maintaining the same general layout. The SPA text clearly states that any modifications that
change the use, building height, density, buffers and open space, and access points/driveways will need to come
back before the Community Development Board and Commission as required per Section 24-124. The units will be
sold fee simple to Habitat for Humanity participants. The SPA proposes 2 parking spaces per dwelling unit as
required by code, as well as an additional minimum 20 visitor spaces. Habitat for Humanity plans to create an HOA
to maintain the project in perpetuity, but at this time the HOA documents have not yet been created. Per the SPA
text, membership in the HOA will be mandatory for all homeowners, and all open space, retention areas, park, and
landscaping will be maintained by the HOA.
The commercial corridor development standards outlined in Section 24-171. which pertain to all structures within
100 feet of Mayport Road, state that all new buildings shall be made of brick, wood, stucco, decorative masonry,
exterior insulation and finish systems (EIFS), architectural or split-faced type block, or other finish materials with
similar appearance and texture. It also states that metal clad, corrugated metaL plywood or oriented strand board
(OSB), and exposed plain concrete are not permitted. The applicants have submitted architectural renderings for
the project that are consistent with this requirement (attached). Given the location of the site at the entrance to
Mayport Road and its visibility from Atlantic Boulevard, staff believes it is important to ensure that this project will
be aesthetically pleasing.
At this time the city's Public Works Director has a few outstanding construction level comments that need to be
worked out with the applicants prior to this item going to the City Commission. Additionally the City of Jacksonville
Fire Department is still in the process of reviewing the project for any public safety issues. It is anticipated that
these will be cleared up shortly.
Page 2 of 8
AGENDA ITEM# SE
JANUARY 13, 2014
Compatibility
The proposed project is generally compatible with adjacent properties. To the east is another multi-family project,
to the north is a small fast food restaurant, and to the south is a mini-storage facility, which faces the opposite
direction. According to section 24-177 (e), the applicants are not required to provide any buffers between adjacent
parcels. If they were required to provide a buffer, it would need to be ten feet wide where bordering an
incompatible use. The applicants have chosen to provide a 5 foot wide landscaped buffer along the east, north, and
south property lines. As previously mentioned, they are also providing a 10 foot wide landscaped buffer along
Mayport Road. Below is a table of the Future Land Use and Zoning of adjacent parcels:
Direction Future Land Use Category Zoning District
East Residential-High Density (RH) Residential General, Multi-
Family (RG-M)
West Commercial (CM) Commercial General (CG)
North Residential-Low Density (RL) Commercial Limited (CL) and
Residential, General, Multi-
Family (RG-M)
South Commercial (CM) Commercial General (CG)
D s d d eve opment tan ar s
Lot and Building
Maximum allowed density per land 20 units/acre
use
Proposed density 11.2 units/acre
Maximum number of units 80
Maximum Lot coverage by Parcel Parcel Type 1 (Single Family): 65%
Parcel Type 2 (Duplex): 65%.
Parcel Type 3 (Triplex): 65%
Parcel Type 4 (Quadplex): 65%
Minimum lot width (rectangular Parcel Type 1 (S.F.): Min. Width-32 feet; Min. Area-2,900 s.f.
shaped lots only) and Minimum Lot Parcel Type 2 (Duplex): Min. Width-50 feet; Min. Area-4,600 s.f.
Area by Parcel Parcel Type 3 (Triplex): Min. Width -68 feet; Min. Area-6,250 s.f.
Parcel Type 4 (Quadplex): Min. Width-84 feet; Min. Area -7,725 s.f.
Average Lot coverage by Individual End Unit: 60%
units within a Duplex, Triplex or Inside Unit: 75%
Quadplex Parcel
Minimum lot width (rectangular End Unit: Min. Width-26 feet; Min. Area-2,300 s.f.
shaped lots only) and Minimum Lot Inside Unit: Min. Width -16 feet; Min. Area -1,450 s.f.
Area by individual units within a
Duplex, Triplex or Quadplex Parcel
Minimum Lot Frontage for Any For irregular shaped lot, the minimum frontage can be no less than 10'1ess
Irregular Shaped Lot than minimum lot width
Minimum floor area (per unit) 1,000 SF (enclosed air conditioned living area)
Maximum building height 35 feet, principle dwelling; 15 feet, accessory structure-Per COAB LDC
Minimum Primary building separation 10 feet
Minimum front setback (rectangular Parcel Types 1-4: 8 feet open air porches,
shaped lots only) 12 feet exterior building wall
Page 3 of 8
Minimum front setback (irregular
shaped lots)
Minimum side setback (all
structures)
Minimum rear setback (principal
dwelling)
Minimum Driveway I Parking area
Setback
Accessory Structure Setback
Comprehensive Plan
Parcel Types 1-4: 4 feet for open air porches
AGENDA ITEM# 8E
JANUARY 13, 2014
8 feet for exterior building wall (for a maximum one unit
per building) most closely located to the irregular portion of the lot front
boundary.
All Parcel Types: 5 feet
All Corner Lots: To maintain a clear sight triangle at intersections, no
obstructions to vision exceeding 4feet in height shall be allowed within the
straight line connection of a 10 foot offset from the intersecting right-of-
way lines of two streets.
Parcel Type 1-4: 15 feet
3 feet from side property line I Parking space dimension begins 2 feet from
property line.
3 feet from side or rear lot lines; not allowed in front of unit
Per Section 24-62.c.2, the Community Development Board shall "Indicate the relationship of the proposed
rezoning to the comprehensive plan for the city and provide a finding that the requested change in zoning is
consistent with the comprehensive plan." Below are a few goals, objectives, and policies of the comprehensive plan
that are relevant to this project. Consistency with the comprehensive plan is one of the findings of fact necessary
for approval of the SPA.
Goal A.1
The City shall manage growth and redevelopment in a manner which results in a pattern of land uses that: 1)
encourages, creates and maintains a healthy and aesthetically pleasing built environment, 2) avoids blighting
influences, 4) maintains the City's distinct residential community character
Objective A.1.3-Maintaining Residential Character
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 ... and, 3) provides for varied and
diverse recreational opportunities ... and which provides for and maintains energy efficient land use patterns.
Objective A.1.5-Sound Development Patterns
The City shall maintain development patterns which 1) prevent blighting influences 2) foster diverse and stable
neighborhoods ... 4) provide proper locations for ... energy efficient land use patterns, and 5) encourage healthy and
aesthetically pleasing living conditions.
Policy A.1.5.5
Flexible regulatory methods shall be utilized to provide incentives for achieving environmental enhancement,
economical land development and energy efficient patters of land use that provide for an appropriate mix of uses
within the City.
Policy 1.5.8
The City shall permit residential development only in compliance with the residential density limitations as set
forth within the Land Development Regulations, and as designated on the Future Land Use Map in accordance
with the following table.
Objective A.1.6
The City shall preserve the sound structural condition and the diverse character of the built environment of the
City and shall encourage development programs and activities that are directed at infill development as well as the
conservation, redevelopment and re-use of existing structures and the preservation of and re-investment
in older neighborhoods.
Page 4 of8
Policy A.1.6.3
AGENDA ITEM# 8E
JANUARY 13, 2014
The City shall discourage redevelopment practices that displace very low, low and moderate-income residents.
Objective A.1.10
The City shall continue to maintain a development character which is compact in form, orderly in its land use
patter, and diversified in its makeup so as to ensure employment opportunities, affordable housing. a pleasant
living environment, and cost effective and energy efficient public services.
PolicyA.1.10.4
The City shall actively support the appropriate redevelopment and infill development of the Mayport Road
corridor. Retail and service uses that sustain neighborhoods and encourage a more aesthetically pleasing and
pedestrian friendly environment shall be encouraged. New development along Mayport Road shall be in
compliance with the Commercial Corridor Development Standards as set forth within the Land Development
Regulations.
Objective A.1.11
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 2010-2020 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.
PolicyA.1.14.1
The City shall continue to maintain an energy efficient land use pattern and shall continue to promote the use of
transit and alternative methods of transportation that decrease reliance on the automobile.
Policy A.1.14.2
The City shall continue to encourage and develop the "walk-ability and bike-ability" of the City as a means to
promote the physical health of the City's residents
Waivers
The applicants are requesting thirteen waivers. Section 24-121 states "The special planned area district should not
be construed as a mechanism to diminish the requirements set forth elsewhere within this chapter or other
chapters of the City Code. Waivers to existing development standards shall be approved by the city commission
and only upon demonstration that an alternative standard will provide a better development outcome with
respect to the quality of design and development form." The waivers requested by the applicants are essentially
areas where certain aspects of the SPA differ from the standard requirements of the code. It should be noted that
the practical purpose of planned developments is to seek relief from standard setbacks, lots sizes, and lot widths.
These types of items are typically not listed as waivers in a PUD/SPA. For instance, in the Atlantic Beach Country
Club SPA, there are several lot types and building setbacks that are smaller than allowed by Atlantic Beach's
zoning districts, but there were no waivers listed in the staff report or SPA text.
In this case, the applicants have chosen to provide all areas where the development varies from what is allowed by
code. Waivers 4-10 are all examples of items that are often times not considered a traditional waiver in a planned
development These items generally relate to requests for lesser setbacks, lot sizes and widths; and greater
Impervious Surface Ratio (ISR). As pointed out earlier, increased landscaping, open space, and park space is often
a tradeoff for allowing these types of requests in a planned development Waivers 1-3 relate to requests for limited
relief from landscaping requirements. Waiver 11 requests a reduction in setbacks for accessory structures.
Waivers 12 and 13 are requests for relief for roadway standards.
The City Commission has the power to grant. deny, or alter any of these waivers. The Community Development
Board shall take them into consideration when making a recommendation.
Page 5 of8
AGENDA ITEM# 8E
JANUARY 13, 2014
1. Per section 24-171, Commercial Corridor, it references Div. 8 Landscaping which requires 50% of the required
trees along the Mayport frontage road be shade trees. Due to the adjacent overhead power, shade trees are not
permitted to be located in this proximity to the power lines: therefore, this buffer will only include understory
trees and palm trees.
2. Per Section 23-30, Minimum Tree requirements under Division 4 General provision, which is later referenced by
Division 8, For triplex parcels, we are requesting to 33% shade tree versus the required 50% shade tree
requirement. Overall, there will be 40% shade trees on the development parcels. This reduction of shade trees is
off-set from the additional planting that has been provided elsewhere on the property that is not required by code.
3. Per Section 23-30, Minimum Tree requirements under Division 4 General provision, we are requesting to plant
3" caliper trees versus the required 4" caliper trees. This reduction in size is requested due to availability of non-
shade plant material along with costs, and is off-set from the additional planting that has been provided elsewhere
on the property that is not required by code. Please note, that only required trees on-site are located on the
individual residential parcels and the Landscape Enhancement area to Mayport
4. Per Sec. 24-88 which requires for "high density residential development, a minimum lot area of two-thousand
one hundred seventy-five (2,175) square feet for each dwelling unit." We request for duplex units through quaplex
units, that the outside unit have a minimum lot size of 2,300 SF, and inside units have a minimum lot size of 1,450
SF.
5. Per Section 24-108 (d) (1) minimum lot area requirement for "Single-family dwellings" requires seven thousand
five hundred (7,500) square feet". Our single-family lot is 2,900 sf.
6, Per Section 24·1 08, minimum yard requirements, requires "Front Yard setback: Twenty (20) feet." Our request
is 8 foot from open porches (12 foot from building) for rectangular lots. On irregular lots we request a minimum 4
foot for open air porches, 8 feet for exterior building wall (for a maximum one unit per building) most closely
located to the irregular portion of the lot front boundary.
7. Per Section 24-108, minimum yard requirements which requires "Rear Yard setback: Twenty (20) feet." We
request 15 feet.
8. Per section 24-108, minimum side requirements require:
a. Single-family dwellings: Combined fifteen (15) total feet and five (5) minimum feet either side.
b. Two-family (duplex) dwellings and townhouse: Seven and one-half(7.5) each side."
We request side setbacks of 5 feet. On corner lots: To maintain a clear sight triangle at intersections, no
obstructions to vision exceeding 4 feet in height shall be allowed within the straight line connection of a 10 foot
offset from the intersecting right-of-way lines of two streets.
9. Per section 24-108, minimum lot width requirements of ten (75) feet. We request 32 feet for a single family lot,
50 feet for a duplex parcel and 68 feet for a triplex parcel type.
10. Per section 24-108, Building Restrictions which requires "The building restrictions for the RG-M zoning district
shall be a 50% Maximum impervious surface. For Parcel Types 1 through 4 we request a 65% maximum
impervious surface. Furthermore, on the individual units we request an average 60% impervious on exterior units
and 75% impervious on internal units.
11. Per Section 24-151, Accessory Structures, Detached carports have a 5 foot side and rear yard setback
requirements, and private garages have a 10 foot rear and side yard setback. We request all accessory structures
have a minimum 3 foot side and rear yard setback.
Page 6 of8
AGENDA ITEM# 8E
JANUARY 13, 2014
12. Per section 24-252 (i) cul-de-sac's require a minimum 50 foot right-of-way. We request a 44 foot right-of-way
for an approximate 200 feet in length.
13. Per section, 24-252 (c)(l) which states "Any subdivision of land, which creates more than ten (10) residential
lots shall provide two (2) separate access points, unless other provisions, such as permanent easements, are made
for emergency ingress, and provided that such entrances will not adversely affect the street system." We are
providing two access points however, only one will be for ingress.
REQUIRED ACTION
The Community Development Board may consider a motion to recommend approval of the Habitat for Humanity
SPA (Application SPA-13-00100075) to the City Commission, a rezoning to Special Planned Area for lands described
within said application, approving the site development plan and adopting the application and supporting documents,
and all terms and conditions as set forth therein, subject to conditions enumerated, and provided the following, or
similar, findings of fact:
(1) The request for rezoning has been fully considered after public hearing with legal notice
duly published as required by law.
(2) The rezoning to Special Planned Area is consistent with the Comprehensive Plan and the
Future Land Use Designation of Residential, High Density.
(3) The rezoning is consistent with the Land Development Regulations, specifically Division 6,
establishing standards for Special Planned Areas.
(4) The rezoning and the site development plan are consistent with the stated definition, intent
and purpose of Special Planned Areas.
(5) The zoning district classification of Special Planned Area, and the specific uses and special
conditions as set forth herein, are consistent and compatible with surrounding
development.
The Community Development Board may consider a motion to recommend denial of the Habitat for Humanity SPA
(Application SPA-13-00100075) to the City Commission, a rezoning to Special Planned Area for lands described within
said application, provided the following, or similar, findings offact:
(1) The rezoning to Special Planned Area is not consistent with the Comprehensive Plan and the
Future Land Use Designation of Residential Low Density because
(2) The rezoning is not consistent with the Land Development Regulations, specifically Division
6, establishing standards for Special Planned Areas because
(3) The zoning district classification of Special Planned Area and the specific uses and special
conditions as set forth herein are not consistent or compatible with surrounding development because
Page 7 of8
AGENDA ITEM# 8E
JANUARY 13, 2014
APPLICATION FOR ZONING MAP AMENDMENT
for
SPECIAL PLANNED AREA -or-PLANNED UNIT DEVELOPMENT
City of Atlantic Bench · 800 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5800 • FAX (904) 247-5805 • http://www.coab.us
Date October 16,2013 File No. October 16, 2013 Application No. October 16, 2013
t. Applicant's Name Joseph P. Loretta, PLA, LEED AP BD+C
2. Applicant's Address 9822 Tapestry Park Circle Suite 201 Jacksonville, FL 32246
3. Pl'Operty Location 201 Mayport Road Atlantic Beach, FL 32233
4. Property Appraise•·'s Real Estate Number _1_7_7_6_4_9_-o_o_o_o ___________________ _
5. Current Zoning Classification CL and RG-M 6. Comprehensive Plan Future Land Use Designation _R_H __ _
1. Requested Action Rezone property to Special Planned District (SPA)
8. Size of Parcel_7_.2_a_c_re_s _________ _ 9. Utility Provider The City of Atlantic Beach
10. Provide a textual narrative and a composite site plan, which demonstrates compliance with A•·ticle Ill, Division 6 of
the City of Atlantic Beach Zoning, Subdivision and Land Development Regulations. The narrative, and any required
attachments, should concisely address each of the provisions and requh·ements of Section 24•+20 and should be
p1•ovided in an order and format consistent with this Section. Please provide a coVel' page and a table of contents
identifying each attachment to the application. ~01'\ '1-Lf.-lltO-/ZIP
11. The following items must be submitted with the application:
n. List ef tUij11eent flFOfle~ners nithin 366 feet of the jiiope•'t)' including nome, mailing address and Property
At•l" iilser's ltenl Esr:ne uumbe• 11om most 1 enmtly-ttttified tax 1 oils. Addt es~ lwe (2) legal slu: cnveloJJes to each
property owner on tbe lis,, De Rot iiiGiudc ·• return address, Eeeh envelepe RUISt eentain jltoper postnge. I lie utder of
the cnv!!lopcs must •nald• tbe tlt dt1 in "hieh the tutmu l!!!ne!lruli the list.
b. Proof of ownership (copy of deed or certificate by lawyer or abstract company or title company that verifies record owner
ns above), If the appllcanHs not the owner, a letter of authorization from the owner(s) for applicant to represent the
owner foa· all purposes related to this npplicalion must be provided.
OV\e c. Required number of copies: ~ Please submit~) copiu of any plnns or nllachments that are l1.1rger than II x
~v.AilP.-rc..t. 17ioches In size, or any other items that cannot be easily reproduced. f) eop1e5 cf 0\fei./'&IZec;( on~
'"T-d. Application Fee. ($500.01)) Of>Pl'C,cJW
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owncr(s) or authorized person If owner's authorization form is attached:
ADDRESS
APPLICATI
Joseph P. Loretta
822 Tapestry Park Circle Suite 201 Jacksonville, FL 32246
Phone: 904-730-9360 FAX: 904-730-7165 E-mail: jloretta@GeneslsGroup.com
AGENDA ITEM# 8E
JANUARY 13, 2014
OWNER'S AUTHORIZATION FOR AGENT
..:.Jo::..:s:..:;ap~h:..:.P..:... ==Lo::..:re::::tt:=!a,..:::G:.::e::..:ne=sl:.:..s..=G.:.:ro~upc:.__ ______________ is hereby authorized to act on behalf of
_B_aa_c_he_s_H_ab-'-lt-'-at_fo-'-r_H_um-'-a_n__,lty _________________ , the owner(s) of those lands described
within the attached application, and as described in the attached deed or other such proof of ownership as may
be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development
Permit or other action pursuant to:
Zoning Variance
Use-by-Exception
Building Permit
Sign Permit
®
D
Comprehensive Plan Amendment
Zoning Map Amendment
Plat, Replat or Lot Division
Tree Permit
D
D
D
D
D Other ___________________ _
BY: ~--------------------------------------------Signature of Owner
904-241-1222 Extension 222
Telephone Number
State of_hwh=------
County of !J u V<>~ l
Signed and sworn before me on this IS~ day of, 20 .!l.·
By~
Identification verified: Ocrl..ociS {..,~VIS(.
Oath sworn: _ _._)( ___ Yes ---~-No
Notary Signature
My Commission expires: KYLE MURRAY
~[.hrnn""OMMISSION i# EE18S723
EXPIRES April 02, 2016
FlOOd• s.mo. cam
AGENDA ITEM# BE
JANUARY 13, 2014
~Beaches
ii'f Habitat for Humanity®
Ownership and Commitment:
Beaches Habitat for Humanity has unified control of the subject property and is committed to proceed
with the proposed development in accordance with the ordinance creating the special planned area.
Beaches Habitat for Humanity is committed to proceed with the proposed development according to
the plans and schedule approved by the ordinance, and will continue operation and maintenance of all
privately owned areas, functions and facilities, which will not be operated or maintained by the City
pursuant to written agreement.
Beaches Habitat for Humanity is committed to bind all successors and assigns in title to any
commitments included within the ordinance creating the special planned area which shall also include
by reference the application for rezoning and the approved plan of development, and which shall be
recorded with the Clerk of Courts of Duval County.
Beaches Habitat for Humanity will form the 201 Mayport Road Neighborhood Association, Inc., a Florida
non-profit corporation, for the continued ownership and maintenance of the right-of-ways, common
open space, retention areas, park and landscaping. Membership in the association shall be mandatory
for cyl property owners within the SPA development plan. Beaches Habitat reserves the right to deed
the ~~ht-of-way and alley back to the City while still maintaining the landscape . . ,
BY:
Signature of oW.rier
Debbie Jones
Print Name
October 15, 2013
Date
797 Mayport Road, Atlantic Beach, FL 32233 • Office: (904) 241-1222 • Fax: (904) 241-4310
www .beacheshabitat.org
I •
Prepared by and return to:
Lawrence V. Ansbacher, Esq.
Ansbacher & Schneider, P.A.
5150 Belfort Road, Building 100
Jacksonville, FL 32256
Doc #20132411 13, OR BK 16531 p
Number Pages: 3 age 2248,
Reco~ded 09/18/2013 at 02:17 PM
Ronme Fussell CLERK CIRCUIT COURT DUVAL
COUNTY
RECORDING $27.00
DEED DOC ST $7700.00
SPECIAL WARRANTY DEED
1. Grantor's name and address is:
CENTERSTATE BANK OF FLORIDA, N.A.,
A National Banking Corporation
1234 King Street
Jacksonville, FL 32204
2. Grantee's name and address is:
BEACHES HABITAT FOR HUMANITY, INC.,
a Florida non-profit corporation
797 Mayport Road
Atlantic Beach, FL 32233
Grantee's tax identification number is: --------
AGENDA ITEM# 8E
JANUARY 13, 2014
The terms Grantor and Grantee shall be non-gender specific, singular or plural, as the
context permits or requires, and include heirs, personal representatives, successors or
assigns where applicable and permitted.
3. The real property ("Property") conveyed hereby is described as follows:
A tract of land lying in the Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 East,
Atlantic Beach, Duval County, and more particularly described as follows:
For a point of reference commence at the intersection of the Northerly line of Atlantic Boulevard
and the Easterly line of Mayport Road; thence run North 20 degrees 28' 35" East along said
Easterly line of Mayport Road, a distance of 360 feet to a point of beginning; thence run North 89
degrees 19' 35" East parallel to said Northerly line of Atlantic Boulevard, a distance of 612.38
feet; thence run North 7 degrees 04' 25" West, a distance of 691.90 feet; thence run North 69
degrees 31' 25" West a distance of 251.01 feet to the Easterly right of way line of said Mayport
Road; thence run South 20 degrees 28' 35" West along said Easterly right of line of Mayport
Road, a distance of 834.36 feet to said point of beginning,
together with all tenements, hereditaments, easements and appurtenances belonging to or
benefiting such property.
The Property Appraiser's Parcel Identification Number is 177649-0000
4. Grantor for good and valuable consideration plus the sum of $10.00 the receipt whereof is
hereby acknowledged, hereby grants, bargains, sells and conveys to Grantee the Property
to have and to hold in fee simple forever.
5. Grantor fully warrants title to the Property and will defend the same against the lawful claims
of all persons whomsoever claiming by, thro1~gh or under Grantor, but not otherwise, except
for those certain "Permitted Exceptions" more particularly described on such Exhibit
attached hereto and, by this reference, made a part hereof.
EXCEPT AS EXPRESSLY SET FORTH IN THIS DEED, GRANTOR HAS MADE NO, AND
EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND
CONTRACTS OF EVERY KIND AND CHARACTER, EXPRESS OR IMPLIED OR ARISING BY
130172.03 Special Warranty Deed
Last Saved: 13.9.10 12:26 PM
AGENDA ITEM# 8E
JANUARY 13, 2014
OPERATION OF LAW, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED
TO, REPRESENTATIONS OR WARRANTIES AS TO MATTERS OF TITLE (OTHER THAN AS
SPECIFICALLY SET FORTH ABOVE), ZONING, TAX CONSEQUENCES, PHYSICAL OR
ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS,
OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS,
GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR
AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION: (i) THE VALUE,
CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, HABITABILITY,
SUITABILITY OR FITNESS OF THE PROPERTY FOR A PARTICULAR PURPOSE OR USE; (ii)
THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO
ANY OF THE PROPERTY; (iii) THE AVAILABILITY OR EXISTENCE OF ANY WATER, SEWER OR
UTILITIES (PUBLIC OR PRIVATE); (iv) THE MANNER, QUALITY, STATE OF REPAIR OR LACK
OF REPAIR OF THE PROPERTY; OR (v) THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE
AT, IN, ON, UNDER OR ABOUT THE PROPERTY. THE TERMS OF THIS DISCLAIMER SHALL
SURVIVE DI;LIVERY OF THIS DEED. ~~L---Executed on ~__hL. 2013.
State of Flo 'da
County of Du al
CENTERSTATE BANK OF
FLORIDA, N. A
A National Banking Cor oration
The foregoing instrument was acknowledged before me this \5-h-. day of ~162\.c. 10'-bL ,
2013 by Matthew T. Maynor, Vice President of CepterState Bank of Florida, N. A, a national
banking corporation, on behalf of the corporation ( Vf who is personally known to me or ( ) who has
nuc~d _ Florida Driver's License) as identification.
~~~3=~~~~~~~~-~~d
Notary Public, Sta of Florida
My Commission Expires:
PERMITTED EXCEPTIONS
AGENDA ITEM# 8E
JANUARY 13, 2014
1. General or special taxes and assessments required to be paid in the year 2013 and subsequent years
which are not yet due and payable.
2. Downguy Easement to Jacksonville Electric Authority filed September 24, 1985 in Official Records
Book 6018, page 1256, of the current public records of Duval County, Florida.
3. Grant of Easement to Mediaone of Greater Florida, Inc. as filed May 19, 2000 in Official Records Book
9629, page 901, of the current public records of Duval County, Florida.
4. Easement to Southern Bell Telephone and Telegraph Company filed January 31, 1961 in Official
Records Book 1196, page 308, of the current public records of Duval County, Florida.
4. Facts, matters and things disclosed on a current survey of the Property.
I. Overview
WRflTB'J NARRA 11\IE
fPA REZ.ON I NG Affi.JCA 110\J FOR
201 MA YFDRT ROAD
November 11, 20 13
1\GEND/\ ITEM II 8E
JI\N UI\RY 13,2014
The subject site oontal ns approximate ly 7.2 aa-es, and is located In the
sou th central portion of the a ty of Atlantic Bead1 (COAB) on the east
side of Mayport R>ad (ffiA1A), sou th of Cbrnell Lane. The applicant ,
Beaches Habitat, is seeki ng to rezone the propert y from Cbmmerdai-
Umit ed (Q) and Fesidential, General , Multi-Family (R3-M) to the
~edal Aanned Area (~A) zoning district in order to create a
Traditio nal Neighborh ood Cbmmuni t y. 201 Mayport R>ad will be a
maximum 80 unit residential development, providing a mix of housing
opportunit ies to indude single-family uni ts, duplex, triplex and
quadplex buildings in w hich units wi ll be sold fee simple . Amen it y
areas, ind uding sce nic oorridor landscaping , a oommun ity park and
oommon open space, will be provided. Th e homes will be arranged in
a Traditional Neighborhood Design wi th rear lane/all ey access and
buildings fronting on the scenic co rrid or or the main loop road wi th
the oommun ity park. All homes wi ll feature front porches and sidewalks that lead one t hrough the neighborhood
and Mayport R>ad , crea tin g a wa lkable oommu nity.
A-lo r Development Use:
The prio r use oo nsi sted of a multi-family oommunity with a total 98 units, w ithin 25 buildings. The par king fadlity
oonsisted of a total of 154 spaces w hich did not meet oode and the landscaping on t he site was very sparse. Th e
prior development, und er separat e ownership, went into oo nd emnation In the middle 20 00's. The buildings
located on the property were later torn down at the req uest of the aty by a separate lan d owner.
II. Future land Use Designa tion s and ZDni ng Dist ri cts
Land Use:
The si t e has a future land use designation of Fesldentlal -High Densi ty (R-l)
which allows a density of 15 DU/ ACto 20 DU/ AC, for a total144 dwe lling units.
The propo sed ~A development repr esents a 45% red uction of potential
developable un its on the subject property.
ZDn ing:
Th e western portion of the property, to a depth of approximate ly 150 feet , is f':"l"'31•n~:""'7Q'::t::'f"777\'!"::'l'TTI
currently zoned O:>mmerdal Umited (Q). Thiszoning district is for low Intensity
business and oomme rdal uses generally intended to serve neighboring
residential development. The remainder of the property is currently zo ned
Fesidential, Gene ral, Mu lti-Family (FGM) and is intended for med ium to high
density multi-family development. The proposed s:'A zoning will provide the
developer with fl exib ility and development alte rnative s not possibl e un der the
sta ndard R3-M zo ning district, and wi ll all ow unifi ed design eleme nt s, w hile
harmo nizing wi th the surrounding area .
Th e land use designations and zoning districts for parcels adjacent to the subject site are shown below. The
proposed residential development is compatible with surro undi ng land uses.
201 MAYR:>RTROAD
AGENDA ITEM# SE
JANUARY 13,2014
Future Laud Usc Designations and Zoning Districts for Adjacent Parcds
Drection Future land Use Category Zoning Dstrict
East R3sidential -High Density (R1) R3sidential General, Multi-
Family (R3-M)
West G:>mmerdal (OV1) G:>mmerdal General (03)
North R3sidentiai-LDw Density (R..) G:>mmerdal Umited (Q) and
R3sidential, General, Multi-
SJuth G:>mmerdal (OV1)
Family (R3-M)
Commerdal General (03) ~-
S::lurce: CDAB Future Land Use and Zoning Maps
Ill. Permitted and A"ohibited Uses
The following section lists the permitted uses for the 201 Mayport R:lad s:'A
n A mixture of single-family dwelling units; duplex, triplex and quadplex buildings sold as
fee simple units; in total, not to exceed 80 units
n A"ivately maintained Neighborhood Park with andllary amenity building or structures
n A"ivately maintained oommon open space whidl may indude
CJ 8:ormwater enhancements
n G:>mmunity Gardens
o G:>mmunity Amenity Facility
n Mail Kiosk I Gazebo I Rre Rt I Qher oommunity amenities
D lvx;essory Sructures on individual lots (rear yard only)
u Detadled garages I carports
n S:orage Sled
o R3sidential scaled fendng less than 42" in height within internal portions and western
frontage of the development
n 6' in height screen fendng I wall for the north, south and east perimeters
LJ Temporary ~les and G:>nstruction Trailers
IV. Development Density
The s:'A rezoning requests a maximum of 80 dwelling units representing a density of 11.2 units per acre. This
represents a 44% reduction below the maximum density of 20 dwelling units per acre allowed by the R3sidential
High Density land use designation; and a 20%reduction from the prior residential development.
V. Development 8:andards
Development standards have been created to ensure oontextual design elements. This section describes the
various types of development standards proposed for 201 Mayport R:lad. The rurrent s:'Asite plan reflects a site
plan version with 78 dwelling units, whidl indudes a mixture of single-family units, duplex, triplex and quadplex
buildings in which units will be sold fee simple. The intent of this s:'Ais to allow Beachesl-labitat the flexibility to
alter the unit type based upon rustomer demand, while maintaining a maximum density of 80 total units.
The developer is required to meet all portionsoftheCDABL.and Development Code(LDC), unlessstatedwithinthe
following development standards text and waiver section of the s:'A requirements.
Page2of 9
201 MA YRJRr ROAD
AGENDA ITEM# 8E
JANUARY 13, 2014
A Buildings and Lots: The following table lists the proposed lot and building requirements for the development.
Lot and Building R3quirements
Maximum allowed density per land 20 units' acre
use
A"oposed density 11.2 units' acre
Maximum number of units 80
Maximum Lot coverage by Parcel* Parcel Type 1 (Sngle Family): 65%
Parcel Type 2 (D.Jplex): 65%
Parcel Type 3 (Triplex): 65%
Parcel Type 4 (Quadplex): 65%
Minimum lot width (rectangular Parcel Type 1 (SF.): Min. Width -32feet; Min. Area-2,900 s.f.
shaped lots only) and Minimum Lot Parcel Type 2 (D.Jplex): Min. Width-50 feet; Min. Area-4,600 s.f.
Area by Parcel* Parcel Type 3 (Triplex): Min. Width-68 feet; Min. Area-6,250 s.f.
Parcel Type 4 (Quadplex): Min. Width-84 feet; Min. Area-7,725 s.f.
Average Lot coverage by Individual End Unit: 60%
units within a D.Jplex, Triplex or Inside Unit: 75%
Quad pi ex Parcel* (Note:
In total, the Parcel Type allows for a Maximum Lot Coverage Of 65%)
Minimum lot width (rectangular End Unit: Min. Width-26 feet; Min. Area-2,300 s.f.
shaped lots only) and Minimum Lot Inside Unit: Min. Width -16feet; Min. Area-1,450 s.f.
Area by individual units within a
D.Jplex, Triplex or Quadplex Parcel*
Minimum Lot R"ontage for Any For irregular shaped lot, the minimum frontage can be no less than 10' less
Irregular Slaped Lot than minimum lot width
Minimum floor area (per unit) 1,000 S:(endosed air conditioned living area)
Maximum building height 35 feet, prindple dwelling; 15 feet, accessory structure-Fer CDAB LOC
Minimum A"imarybuildingseparation 10 feet
Minimum front setback (rectangular Parcel Types 1-4: 8 feet open air porches,
shaped lots only)* 12 feet exterior building wall
Minimum front setback (irregular Parcel Types 1-4: 4 feet for open air porches
shaped lots)* 8 feet for exterior building wall (for a maximum one unit
per building) most dosely located to the irregular portion of the lot front
boundary.
Minimum side setback (all All Parcel Types: 5 feet
structures)* All Corner Lots: To maintain a dear sight triangle at intersections, no
obstructions to vision exceeding4feet in height shall be allowed within the
straight line connection of a 10 foot offset from the intersecting right-of-
way lines of two streets.
Minimum rear setback (prindpal Parcel Type 1-4: 15 feet
dwelling)*
Minimum D"iveway I Parking area 3 feet from side property line/ Parking space dimension begins2feet from
~tback property line.
Aet;t;ssory Sructure ~tback 3 feet from side or rear lot lines; not allowed in front of unit .. * These relate to speafrc areas where we are requesting waivers. ~page 8.
Page3of9
201 MAYRJRfROAD
B. A"ojections into FEquired Yards:
AGENDA ITEM# 8E
JANUARY 13, 2014
Soops, balconies, awnings, bay windows, and roof overhangs may encroach into the required front yards, not to
exceed 3 feet. Sde and rear yards shall be measured from the property line to the outside wall of the prindpal
structure. A"ojections may occur within the required side and rear yards, such as roof overhangs and bay windows,
but shall not exceed two feet. In addition, chimneys may project up to one foot into the side or rear yard.
G SNimming FOols and l-lot Tubs:
In-ground swimming pools and hot tubs are permitted. FOol endosuresshould be located only at the rear of the
property and shall be no wider than the width of the prindpal structure. The minimum side yard setbacks for pools,
decks, and pool endosures shall be equal to the side yard requirements of each residential lot, as noted in the l..Dt
and B...lilding Qiteria section of this s=>A FOols that do not contain a screen endosure shall have a minimum of a
five foot setback, induding deck, from the rear property line. Move ground hot tubs are permitted with
architectural review approval of the site and landscaping. No above ground swimming pools are permitted. All
pools shall meet rurrent CDAB L..OCstandards. Although not rurrently planned for, the community is permitted to
construct an HQA. managed community swimming fadlity within the common opens space area at a future date.
D. B...lffering, Landscaping and Vegetation:
There are many sections where this s=>A es:HDSthe required landscape requirements by the CDAB LOC This has
been done through additional landscaping and buffering to the surrounding commerdal and residential properties
to the north, south and east. Furthermore, the community will have enhanced landscaping within the internal loop
road of the development. All landscaping within the rights-of-ways, alley ways, and common open space will be
commonly maintained and replaced by the HOA.. All landscaping commonly maintained by the HOA requires
irrigation. FEsidents within the community will not be allowed to remove any installed landscaping within the
commonly maintained areas managed by the HOA..
It is a..trrently envisioned that Individual lot landscaping will be maintained by the individual property owner. The
residential buildings indude a small storage area on the rear side of each unit to house lawn equipment.
The applicant will indude the landscape plans as a part of the A"eliminary ste Ran submittal to CDAB.
0.1: Mayport Rlad Landscape Blhancement:
A ten foot wide landscape enhancement shall be provided along Mayport Rlad (ffiA1A) per the Cbmmerdal
COrridor Cbde under !Jvision 7, ~ion 24-171. This landscape enhancement area may indude walls and/or
fendng not to exceed 42 inches in height, and community sidewalks. The intent of this landscape enhancement is
to indude a residentially scaled landscape buffer to Mayport Rlad to indude a rurvilinear row of shrubs, and a
mixture of understory trees, and palm trees.
Slrubs I native grasses within this enhancement area will be planted with a 7 gallon container at time of
installation to provide an instant landscape screen. Slade trees will not be planted within this enhancement area
due to the proximity of the power lines along Mayport Rlad. Understory trees and palm trees will be planted no
less than one tree for every 50 linear feet within this enhancement area. Trees may be dustered but shall be no
more than 75 feet apart. For the purpose of this enhancement area, understory trees will be planted with a
minimum caliper 3 inch; or if multi-stem, a minimum of 3 stems that total3 inches in caliper size; or palm treeswith
a minimum 10 foot dear trunk.
0.2: Northern and S:Juthern Ferimeter Landscape buffer:
Although not required by code, a five foot wide landscape buffer has been located adjacent to the northern and
southern property boundaries that abuts the commerdal developments. This Landscape B...lffer has been
considered and incorporated into the side yards of individual lots and alley widths. This will indude a continuous
landscape area with shrubs, ground covers, tree coverage, mulch and grass. No less than one tree for every 50
linear feet shall be planted within this buffer. Trees may be dustered but shall be no more than 75 feet apart.
Page4of9
201 MAYFORTROAD
AGENDA ITEM# 8E
JANUARY 13, 2014
These Perimeter Buffers may also indude a visual screen where existing fendnglwallsare acceptable, which maybe
a six foot tall wood, or masonry wall, or landscaping. Ranted trees within these buffers will be planted with a
minimum 2" caliper trunk and/or palm trees with a minimum 8 foot dear trunk.
0.3: Eastern Perimeter Buffer:
Although not required by code, a five foot wide landscape buffer has been located between the alley pavement and
the abutting property to the east. The adjoining property indudes a six foot black aluminum picket fence. This
buffer will indude a continuous landscape area with shrubs, ground covers, tree coverage, mulch and grass. No less
than one tree for every 50 linear feet shall be planted within this buffer. Trees may be dustered but shall be no
more than 75 feet apart. These Perimeter Buffers may also indude a visual screen where existing fendnglwalls are
acceptable, which may be a six foot tall wood, or masonry wall, or landscaping. Ranted treeswithin these buffers
will be planted with a minimum 2" caliper trunk and/or palm trees with a minimum 8 foot dear trunk.
0.4: Interior Central LDop Rlad ~ght-of-Way Landscaping:
The Central LDop Rlad and ~ght-of-Way indudesa boulevard entryvvay, which merges into a2-lane roadway, then
to a one-way loop road around a central community park.
Although not required by code, the boulevard portion of the road shall indude for a mixture of shade, understory
and palm trees, along with shrubs, ground covers, mulch and grass, within the internal median and outside the
edge of pavement within this segment of the right-of-way.
Although not required by code, the two-way portion of the Central Loop shall allow for a mixture of shade,
understory and palm trees, along with shrubs, ground covers, mulch and grass.
Although not required by code, the one-way loop road centered on a community park shall allow a similar mixture
of planting on the residential frontage portion of the right-of-way. As designed, the interior portion of the right-of-
way has been designed to allow use with emergency vehides. No vegetation other than sod shall be allowed within
the first 3 feet of the back of pavement on the interior portion of this right-of-way to allow for an open 20 foot
width for emergency vehides.
0.5: Interior O:>mmon Area landscaping:
O:>mmon areas within the s:'Ashall allow landscaping at the developer's discretion.
0.6: Interior Individual Parcel landscaping:
For the purposes of this submittal, other than single family units that will meet the interior lot requirements by
code, other required trees will be considered on a per parcel basis (building type). The minimum tree planting
requirements proposed will comply with the matrix below.
Parcel Type Typical s= R::quired Trees R"ovided Trees
Duplex Parcel 4,600S: 1 U/1 S 1 U/1 S
Triplex Parcel 6,250S: 1 U/2S 2U/1S
Quadplex Parcel 7,725 s= 2U/2S 2U/2S
The above matrix when evaluated over all of the duplex, triplex and quadplex parcels, equates to 40%shade trees
and GO% understory (U) trees, which is less than the required 50% shade (S) threes. It will be typical that where lots
abut each other, many of the larger shade trees will be placed in the rear of each parcel and on the property line
between two parcels, to allow for the greatest amount of room for the root ball to grow.
This reduction of shade tree planting on an individual parcel is off-set with the additional non-required planting that
has been provided across the entire development.
Page5of9
201 MAYFORTROAD
E Bltry Sgnage and Ughting:
AGENDA ITEM# SE
JANUARY 13,2014
h5 permitted in Saction 17-28 of the CD6S ~identification signage bearing the development name may be
placed at the residential main entrance. "201 Mayport R:>ad" signagewill indude one ground mounted sign at the
entry located on Mayport R:>ad within the landscaped median; or a combination of signage and columns that
incorporates two signs on the sidesoftheentrydrive and a column with plaque within the median. Ughtingofthe
sign(s) will also be provided. Neighborhood Identification signage and illumination shall comply with the maximum
sign area, sign height, and minimum setbacks of Saction 17-28. Slould neighborhood identification signage be
incorporated into two signs on either side of the entry drive, the combination of sign area shall be consistent with
the maximum 32 square feet as code requires. Any additional street signage will comply with the current <::X)AS
L.OC.
Sreet lighting will comply with the current CD6S L.OCand in accordance with .EAservice agreements.
F. Vehicular Orrulation, R"oject Af:l:ess and Parking:
h5 shown on the S<etch Ran, the development will have two vehirular access points to Mayport R:>ad. The main
entry road will consist of two-way traffic with 20 feet of pavement, measured from edge of asphalt to edge of
asphalt within a minimum 44 foot right-of-way. The boulevard portion of this main entry R:>adwill indude one way
drive aisles consisting of 15feet of pavement measured from edge of asphalt to edge of asphalt. lhismain road
will transition to a one way loop road which consists of 15 feet of pavement measured from edge of asphalt to edge
of asphalt.
In keeping with the traditional neighborhood design, all of the homes will have parking in the rear off a 20 foot
alley-way. The alley will indude a minimum of 14 foot of pavement, but will be maintained dear of vertical
obstructions for the entire width of the alley, otherthanwherethealley is widened or abuts a perimeter property
boundary. A one-way exit drive to Mayport R:>ad has been located dose to the southern portion of the property
and is accessed within the internal alleyway system.
Upon completion Beaches Habitat reserves the right to deed the pavement areas that meet Oty OJde within the
right-of-way and alleybacktotheOty. lheOJmmunityHOAwill maintain alllandscapingwithintherights-of-way.
Parallel parking has been planned for along the main loop road and measures8' x22'in size to the edge of asphalt.
Each dwelling unit shall provide a minimum of two off-street parking spaces. at street parking is sized at 9 feet
wide by 18 feet long. Parking has been designed to have a two foot setback from the rear or side property lines,
adjacent to the alleyways. This two foot off -set from the rear property line allows the alleyway pavement area to
be expanded to 24 feet in width, which meets typical code, when parking is located on either side of the alley.
In certain situations, double tandem parking has been provided on irregular lots, but still accommodates two cars.
AJthough the site plan rurrentlyshows32 additional visitor spaces, forthepurposeofthis~A at project build-out,
the development will require 1 visitor space for every 4 units or a maximum of 20 visitor spaces. Visitor parking
should be spread throughout the development.
G Fedestrian Orculation and ~eation/ Q:>en ::pace Amenities:
201 Mayport R:>ad will feature a minimum four foot wide sidewalk within the right-of-way of the main loop road.
Additional sidewalk enhancements are located within the development. Where sidewalks abut the parking areas,
the sidewalk width may be a minimum of six foot wide when adjacent to either a grade transition, curb stop or
pavement transition. OJmmon open space may indude landscaping, surface and/ or subsurface stormwater
enhancements, benches and/or shade structures (such as gazebos' mail kiosk). The area designated for the
community park, while rurrently planned for passive recreational use, could be used for a more active recreational
community amenity, such as a playground, community fadlity or swimming fadlity.
Page6of9
201 MAYR:>RfROAD
H. Fencing:
AGENDA ITEM# 8E
JANUARY 13, 2014
Fesidential fencing on individual units are limited to 42" height in both the front, side and rear property, unless
adjacent to the overall fPA perimeter boundary. Fencing will not be allowed in the front yards of individual parcels
fronting Mayport Rlad. Fencing material and appearance will be limited by the oovenants and restrictions oft he
HOA, but at minimum materials and style must be oonsistent with one adjoining lot. All fencing much beoonsistent
with the CDl\8 LOC.
I. ~ssory S:ructure:
Acr:essory structures shall oomply with CDl\8 LOCother than setbacks as described on page 3, Lot Table.
J Utilities:
All Utilities will be located underground. Water and wastewater will be provided by the COABand are available
within the vicinity. Existing overhead electric that runs along Mayport road will be retained.
K S:ormwater:
S:ormwater retention and treatment will meet the requirements oft he S: . ...bhnsRver Water Management Dstrict
(SR/1/MD), FOOT and CDl\8. Maintenance of the drainage facilities will be the responsibility of the 201 Mayport
Rlad Neighborhood Association, Inc.
L Model Homes:
Beaches Habitat reserves the right to obtain a building permit for one model building per building type, prior to the
full site work, utilityoonnection and stormwater enhancement being fully permitted. The certificate of oCOJpancy
for such building cannot be attained until infrastructure for that designated phase is oomplete.
M. Home O::cupations:
Any requested home oCOJpations shall oomply with CDl\8 LOC.
N. Variances/ Modifications:
Any variances to the site design criteria as specified in this fPA shall be processed in the same manner as specified
in Sec. 24-124oftheCOABLOC.
VI. Neighborhood Association
The oommon open space, retention areas, park and landscaping described in this text will be owned and
maintained by the neighborhood Home ONnersAssociation, Inc., a Rorida non-profit oorporation, to be formed.
Membership in the association shall be mandatory for all property owners within the s:>A development plan. fos
disrussed previously, Beaches Habitat reserves the right to deed the pavement areas within the right-of-way and
alley back to the Oty while still maintaining the oommon area landscaping.
VII. Deed Restrictions and Architectural Review Board
R"ior to the sale of any lots, a "Declaration of Covenants, Conditions, and Festridions for 201 Mayport Rlad"
(Dedaration) will be prepared for this project. Architectural standards and use restrictions will be provided for in
the Dedaration. An additional document oontaining design guidelines may be prepared which may outline the
specific design guidelines for the various lots, and the architectural and landscaping requirements for the project.
An Architectural Feview Board may be established to review and approve or deny plans for each lot, based upon
the design guidelines document. Formulation of this Board and how it will be run will be provided in the
Declaration.
VIII. Rlasing
201 Mayport Rlad will be oonstruded in phases to be determined based upon engineering criteria and market
oonditions. Fer COAB, ~any phase must indude a vehicular accessible route for trash and emergency vehides,
along with oomplying with that phase's stormwater enhancements.
Page 7 of 9
201 MaYPort R>ad SJAApplication Waivers
The following are the waivers requested:
201 MAYPORT ROAD
AGENDA ITEM# 8E
JANUARY 13, 2014
1. Per section 24-171, Commerdal Corridor, it references Div. 8 Landscaping which requires 50% of the
required trees along the Mayport frontage road be shade trees. Due to the adjacent overhead power,
shade trees are not permitted to be located in this proximity to the power lines; therefore, this buffer
will only indude understory trees and palm trees.
2. Per S3ction 23-30, Minimum Tree requirements under Division 4 General provision, which is later
referenced by Division 8, For triplex parcels, we are requesting to 33% shade tree versus the required
50% shade tree requirement. CNerall, there will be 40% shade trees on the development parcels. This
reduction of shade trees is off-set from the additional planting that has been provided elsewhere on
the property that is not required by code.
3. Per S3ction 23-30, Minimum Tree requirements under Division 4 General provision, we are requesting
to plant 3" caliper trees versus the required 4" caliper trees. This reduction in size is requested due to
availability of non-shade plant material along with costs, and is off-set from the additional planting that
has been provided elsewhere on the property that is not required by code. Rease note, that only
required trees on-site are located on the individual residential parcels and the Landscape Elhancement
area to Mayport.
4. Per S3c. 24-88 which requires for" high density residential development, a minimum lot area of two-
thousand one hundred seventy-five (2, 175) square feet for each dwelling unit." We request for duplex
units through quaplex units, that the outside unit have a minimum lot size of 2,300 s=, and inside units
have a minimum lot size of 1 ,450 ::F.
5. Per S3ction 24-108 (d)(1) minimum lot area requirement for" Sngle-family dwellings" requires seven
thousand five hundred (7,500) square feet". OJr single-family lot is 2,900 sf.
6. Per S3ction 24-108, minimum yard requirements, requires" Front Yard setback: Twenty (20) feet." OJr
request is 8 foot from open porches (12 foot from building) for rectangular lots. 01 irregular lots we
request a minimum 4 foot for open air porches, 8 feet for exterior building wall (for a maximum one
unit per building) most dosely located to the irregular portion of the lot front boundary.
7. Per S3ction 24-108, minimum yard requirements which requires"~ar Yard setback: Twenty (20) feet."
We request 15 feet.
8. Per section 24-108, minimum side requirements require:
a.Sngle-family dwellings: Combined fifteen (15) total feet and five (5) minimum feet either side.
b. Two-family (duplex) dwellings and townhouse: ~ven and one-half (7.5) each side."
We request side setbacks of 5 feet. 01 corner lots: To maintain a dear sight triangle at intersections, no
obstructions to vision exceeding4 feet in height shall be allowed within the straight line connection of a 10
foot offset from the intersecting right-of-way lines of two streets.
9. Per section 24-108, minimum lot width requirements of ten (10) feet. We request 32 feet for a single
family lot, 50 feet for a duplex parcel and 68 feet for a triplex parcel type.
10. Per section 24-108, Building ~strict ions which requires "The building restrictions for the R3-M zoning
district shall be a 50% Maximum impervious surface. For Parcel Types 1 through 4 we request a 65%
maximum impervious surface. Furthermore, on the individual units we request an average 60%
impervious on exterior units and 75% impervious on internal units.
11. Per S3ction 24-151, ~ry S:ructures, Detached carports have a 5 foot side and rear yard setback
requirements, and private garages have a 10 foot rear and side yard setback. We request all aa:essory
structures have a minimum 3 foot side and rear yard setback.
Page8of9
201 MA'YR)RfROAD
AGENDA ITEM# 8E
JANUARY 13, 2014
12. Per section 24-252 (i) cul-de-sac's require a minimum 50 foot right-of-way. We request a 44 foot right-
of-way for an approximate 200 feet in length.
13. Per section, 24-252 (c)(1) which states" My subdivision of land, which creates more than ten (1 0)
residential lots shall provide two (2) separate access points, unless other provisions, such as permanent
easements, are made for emergency ingress, and provided that such entrances will not adversely affect
the street system." We are providing two access points however, only one will be for ingress.
Page 9 of 9
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JANUARY 13, 2014
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AGRNDA ITEM fl 8E
JANUARY 13,20 14
Dmfl Minutes of t!t e Octobe r /5, 2013 regular fll eelilfg of th e Co nullltll ily Del•elopll!ell l Board
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
November 19, 2013
1. CALL TO ORDER. -6:06 pm
AGENDA ITE M II 8E
JANUA RY 13,20 14
Chair Brea Paul verified the prese nce of a quorum with the attendan ce of1 l<e lly Elmore,
Harl ey Parke s, Patri ck Stratton and Sy lvi a Si mmons. The m ee ting was ca ll ed to ord er at
6:06pm . Al so prese nt wa s the Building an d Zon ing Director, Micha e l Griffin,
Redevelopment and Zon ing Coordinator, Jer emy Hubsc h and Rec ording Sec reta ry Je nny
Walke r. l<irk Han son arrived at 7:00pm, Jason Burg ess was ab se nt.
2. ADOPTION OF MEETING MINUTES -October 15, 2013.
Brea Paul ca ll ed for a motion to approve th e m i nutes of th e Octob er 15, 20 13 regu lar
me eting. l<e ll y Elmore moved that minutes b e approved as writte n. Patrick Stratton
seco nd ed the motion and it carri ed by a vote of 7-0.
3. OLD BUSINESS. Non e.
4. REPORTS.
A. Boats and Trailers. Brea Paul asl<ed for a vote by show of hands to take the
Agenda out of order and discuss Boats and Trailers ahead of New Business
b ased on the number of citizens in attendance to speal< on this topic. Brea
Pau1 stated the Boats and Trailers Ordinance was discussed at the October 151h
m eeting and the Board had asked staff for some additional details to include
the actual numbe r of violations that were actually prese nt. Michael Griffin
s pol<e sta ting the Board asl<ed for some site boundary information, Code
Enforceme nt information and staff did a survey of 80% of Atlantic Beach and
found that th e re were 21 boat violations, 13 of the violations the boats could
be relocated on the property and be found in compliance. 28 boats were
found in compliance. Five trailers and campers were found in violation and 9
n·ailers and campers wet·e found in complia nce. On the Code Enforcement
issu es we average 10 complaints per month for boats a nd trailers or
recreational vehicles in the front ya rd. Mr. Griffin refreshed the boards
memory that jacksonville, St. Augustine, Neptune Beach and St. Johns County
has the same r egulations of no boa ts or trailers in th e front 20ft fr·ont yar·d
setback. Jacl<sonville Beach allows one 20 ft boat in the front yard setbaclc.
Atlantic Beach is less restrictive than Ja cl<sonvH ie, Neptune Beach, St.
Augustine and St. johns County by allowing the boat to be 15ft fr om the front
property line. T he Board also aslced for some boundary information. Mr.
Griffin showed a plat of the Pari< Terrace subdivision stated that when plats
are set up houses are set up on the lot with g e n e rally a 20ft setback, anything
Pagelof5
Dmfl Mi nutes of the October/5, 2013 regular m eetlllg of/he Connmtnlty De t•elopmen t Board
AGE NDA IT EM II 8 E
JA NU AR Y 13,20,14
beyond that 20ft setbaclc is in the right of way. He then showed several
examples of compliant lots and noncompliant Jots boats, trailers and campers.
I<eUy Elmore questioned how long time wise can a boat or recreational vehicle
be in the right of way before Code Enforcement will tidcet it. Mr. Griffin
responded stating Code Enforcement will leave a courtesy notice first giving a
reasonable time. Mr. Elmore aslced and if the homeowner states that it is a
visitor and it will be removed in a few days 7 Mr. Griffin stated the City will
work with them before taking any code enforcement action. The firstspeaker
was Mr. Paul Gunsaulis, 780 Begonia Sb·eet. Mr. Gunsaulis stated that because
everyone in Atlantic Beach has different lot lines, he feels the only way the City
can uniformly enforce the Boats and Trailers Ordinance is to change the
wording on b (2) from stating "15 ft setbacl{ from the lot line" to read "15ft
setback from stt·eet pavement." He states that would put him in compliance.
The second spealcer was Michael Hampton, 651 Begonia Stt·eet. He stated
someone from tlte City came out to his property yesterday and told him he
coukl talce down 2 n·ees on the Jot and move his boat bade and be in
compliance. He said it is absurd for him to remove trees and that too many
trees have been removed in Atlantic Beach akeady. He states again that "he
will not remove his boat, the City can fine him all they want, he will not move
his boat". The thh·d spealcer was Linda Spencer, 282 Magnolia Street. She
agrees with homeowners having home rights but her neighbors have their
boat parl{ed right underneath her bedroom window. She is in favor of the
Ordinance the way it is. Final speaker is Chris Lamber·tson, 357 12Lh St.
Believes the issues with Boats and Trailers started because of the lade of Code
Enforcement on this ordinance in the past. Mr. Lambertson believes that our
codes are too lax for boats aesthetically and the noise factor and that the City
should increase the setbad< for boats, n·ailers and recreational vehicles. I<elly
Ebnore stated that this ordinance is in place for a reason and we do have the
most lax ordinance compared to surrounding municipalities. He feels the
ordinance should be left just as it is. The ordinance withholds the standard
aesthetic throughout the City. Harley Parlces stated that he agrees with Mr.
Elmore. Sylvia Simmons stated that she drove all over the City and was
sltl·prised at how few violations she saw. Ms. Simmons stated reducing the
requirement may result in creating more boats and trailers. She doesn't thinlc
the Ordinance should be changed at all Brea Paul says she concurs with all
the other board members, we have the most lax code already.
l{eJiy Ehnore made a motion to l<eep the Boats and Trailers Ordinance as
written in place, unaltered. Harley Parl<es seconded the motion and it carried
by a vote of 6·0.
5. NEW BUSINESS .
A. SPA-13-00100075 (PUBLIC IIEARING)-201 Mayport Road
Staff
Report
Rct]uest for S J>cc ial Plnnned Area (SPA) rezonin g as permitted by Section s
24-116 throu g h 24-126, to nllow a max imum of 80 residential unit s. The
property is cutTently zoned Comme rcial Limited (CL) and R eside ntial
Gen eral-M ulti-Fa mily (R G-M). The Future Land Usc Dcsig n:ttion lligh
Density (lUI).
Jeremy Hubsch, Red evelopm e nt and Zoning Coord ina t or gav e a
Page 2 o f 5
Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board
AGENDA ITEM# 8E
JANUARY 13, 2014
Applicant
Comment
presentation about SPA-13-00100075. Mr. Hubsch showed an
aerial of the site and described the neighboring sites. Stated that
the site was formerly a development of 96 units that had been
previously torn down roughly 10 years ago. He then showed a
Future Land Use Map and discussed density of surrounding
properties and the zoning. Subject property is 7.2 acres and the
applicants are proposing a maximum of 80 residential units.
Maximum allowable density is 20 units in a Residential High
Density Land Use, and the applicants are proposing a development
with 11.2 units per acre, so it is below the maximum density. The
applicants are proposing 4 unit types, Single family, duplex, triplex
and quadplex. As it is currently designed, there will be only one
single family home. They will be providing 2 parking spaces per
unit and 20 visitor parking spaces. There will be a lOft landscape
buffer along Mayport Road, which is required per our Mayport
Corridor Standards. There will be a Sft landscape buffer along the
entire Northern, Southern and Eastern property boundary, which
is not required by our code. The Commercial Corridor standards
for construction materials along Mayport Road will be met. It is
anticipated that the proposed 80 units will be mostly duplex,
triplex, and quadplex buildings. The applicants do not yet know
what customer demand will be like, and thus would like the
flexibility to alter the unit type shown on the site plan, while
maintaining the same general layout. The SPA clearly states that
any modifications that change the use, building height, density,
buffers and open space, and access points/driveways will need to
come back before the Community Development Board and
Commission as required per Section 24-124. Habitat for Humanity
plans to create an HOA to maintain the project in perpetuity, but
at this time the HOA documents have not yet been created. Mr.
Hubsch states that Per Section 24-62.c.2, the Community
Development Board shall "Indicate the relationship of the
proposed rezoning to the comprehensive plan for the city and
provide a finding that the requested change in zoning is consistent
with the comprehensive." He then discussed some of the goals,
objectives, and policies of the comprehensive plan that are
relevant to this project. Mr. Hubsch gave an overview of the
thirteen waivers that the applicants are requesting. He also gave
an overview of the boards required actions. He also stated that
staff does not have any recommendations at this time and will be
leaving the decision up to the board.
The applicant, Jay McGarvey, Chairman of Beaches Habitat stated
that they are very excited to present this model community for the
Page 3 of5
Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board
AGENDA ITEM# 8E
JANUARY 13,2014
Public
Comment
Board
Discussion
Motion
residents of Atlantic Beach. He states that this development will
dress up Mayport Road. He then introduced the President of
Beaches Habitat, Mr. Brian Wheeler. Mr. Wheeler presented
several examples of other neighborhoods that have developed
using the same traditional neighborhood design that Habitat is
proposing. He showed computer images of the before and after of
the site. He also showed example floor plans of the units. He
discussed parking, sidewalks, front and rear yards, landscaping and
drainage on the project. Kelly Elmore stated he is concerned given
the location and the density request, will crime and home values
become an issue. Mr. Wheeler stated that he feels there is a
difference in behavior of renters of high density apartments and
homeowners. He then discussed all of the requirements the
prospective homeowners must comply with before being given the
privilege of home ownership with Beaches Habitat. Mr. Elmore
then asked how the development is handling stormwater. Mr.
Wheeler pointed out that most of it will drain under the park to a
underground system created with the existing concrete that is on-
site and the rest is already currently flowing to Mayport Road.
Habitat will work with FOOT concerning the drainage issues.
The first public speaker was Matthew Chimumento, 632 Main
Street, stated he is very glad to see something going into the
"bombed out" shelter. His concerns were regarding how many
more of these type homes or developments are going to be coming
up in Atlantic Beach? Is Atlantic Beach going to become totally
focused on Beaches Habitat homes? He was also concerned about
the lack of storage with no garages and having the front and rear
porches start serving as garages with outside storage. The second
public speaker was Mike Whalen, business owner on Mayport
Road. Mr. Whalen stated he thinks this is the wrong location for
this project. Is Atlantic Beach going to become the "poster boy"
for Beaches Habitat. He thinks this is too many low income people
in one project and that this will turn back into what the Palms
turned into and that it will close businesses on Mayport Road.
Kirk Hanson had questions regarding if they grant the variances for
this SPA do they have to do the same for all future SPA's. The
board decided they are decided on a case by case basis. Brea Paul
was concerned about the park being turned into a retention pond
for drainage. Mr. Hubsch stated that then that change would have
to come before the board again.
Sylvia Simmons made motion to approve SPA-13-00100075 and it
Page4 of5
Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board
AGENDA ITEM# 8E
JANUARY 13, 2014
was seconded by Harley Parkes. It was unanimously approved 6-0.
6. REPORTS.
A. Through Lots. Michael Griffin stated that this item is to request a
recommendation from the Community Development Board to the City
Commission to repeal Section 24-84. (c) The Land Development Code which
relates to double frontage lots which requires new structures built in between
Beach Avenue and Ocean Blvd. to actually front onto Ocean Blvd. Currently
there are only 4 lots with Ocean Blvd addresses and 10 lots addressed on Beach
Avenue, and 3 vacant lots with no address. Sylvia Simmons is concerned about
letting homeowners place 6ft tall fences right along Ocean Blvd. Mr. Parkes
stated that the economic value of having a Beach Ave. address is not arguable.
Kelly Elmore made a motion to amend the code to allow through lots between
Beach Ave. to Ocean Blvd. to front on Beach Ave. Mr. Stratton seconded the
motion. The motion was unanimously approved 6-0.
B. Tree Ordinance. Michael Griffin stated that the Tree Ordinance is not up for
discussion for this evening. Mr. Griffin stated this is just a heads up that this will
be coming up in the December meeting. Mr. Elmore stated he will be missing
the December 17th meeting. Brea Paul stated that Jason Burgess will not be
staying on the board and the new board member will be Linda Lanier.
7. ADJOURNMENT-8:31 PM
Brea Paul, Chair
Attest
Page5of5
CITY OF ATL AN TI C BEACH
CITY COM MI SS IO N MEETING
STAFF REPORT
AGENDA ITEM II SF
JAN UARY 13,20 14
AGEND A IT EM: Proposa l to amend th e Ci ty Code, Chapt er 22, Auth o rit y to adju st or waive
ch arges in appropriate cases for the purpos e o f makin g th e po licy more
generous.
DATE : Decemb er 6, 20 13
SU BMITTE D BY: Ne lson V anLi ere, Fi na nce Dir ecto r <b)
ST RAT EGI C PL AN LINK: N/A
BACKGROU ND:
As is cus tomary for mos t utilities, it is th e Cit y's poli cy to adju st util ity bill s fo r ex cess ive
co nsumpti on fo r leaks or pool fill s. Th e in clinin g bl oc k rate stru c ture ado pt ed in 2004 is
designed to cha rge in creas in gly hi gh amo unt s per th ousa nd gall ons to disco urage was te l'ul usc.
In the case of a leak , or a poo l fill , th e othe rwi se low usage custo mer is pe na li zed fo r th e
excessive use as if they we re was teful, when in fac t th ey may be ve ry conserva ti on oriented .
When excess ive co nsumpti o n occurs, th e curre nt prac tice is to adju s t the bill am ount dow n by
chargin g th e ex cess ive ga ll o ns use d at lower vo lum e rate. Excess iv e is consid ered co ns ump tio n
abo ve a twel ve month average for th e loca ti on due to a docum ented lea k or a poo l fil l. Thi s
practi ce has bee n i n p lace for yea rs.
Throug h recent custo mer com plai nts, it has co me to our atte ntion th at the adju stm ent s given are
not trul y helpin g th e custo mer as mu ch as t he poli cy inte nde d. rn 2005, th e Cit y recogni zed th e
need to adju st bill s for hi gh co nsumpti o n as a res ul t of th e new ra te structur e and add ed
langu age to the co de to all ow for thi s . The decis ion made at th e tim e was to adjust bi lls down
to the second ti er ra te in stea d of the fir st ti er. Thi s still res ult s in a ver y large b111 fo r cus tome rs
th at ex peri ence leaks and atler prov id ing docum entati on and receivi ng an enotm o us bil l,
prov id es littl e re li ef.
S in ce the int e nt of th e hi ghe r bl ock rate is to en co urage co nserva ti on and not penali ze o th erwise
prud ent custo mers, it is my reco mm enda ti on th a t we amend the co de to all ow adju stm ent s fo r
excess ive cons umpti on down to th e fir st ti er. T he imp ac t to th e City will be to s li ghtl y lower
revenu es co ll ected fo r w ater and sewer vo lum e charg es by th e d if fe rence betwee n the fi rs t and
seco nd ti er rates. Th is redu ction sho ul d be easi ly ab so rb ed by th e util ity.
AGENDA ITEM# SF
JANUARY 13, 2014
Example; If a customer that averages 5k gallons a month has a toilet leak and uses 20k gallons,
he would see volume charges go from $24.14 to $119.25. Under the current code, we would
adjust the bill down to $99.58 resulting in a reduction of $19.67. This is very little help and
penalizes the customer who usually conserves water for a one-time occurrence of excessive
consumption due to a leak.
The proposed language would allow that same customer to have an adjustment of$73.37
bringing the volume charges down to $45.88.
The City made 18 adjustments in November including 8 toilet leaks, four pool fills and 6 slab or
line leaks. It would seem appropriate to adjust the accounts down to an amount that was more
in-line with the consumption history of the location than to burden the customer with an
excessively large bill for water that he/she did not intend to waste.
Suggested Code Modification:
Highlighted below are the necessary modifications to the current city code that would allow for
a more generous adjustment to be done.
Sec. 22-4. Authority to adjust or waive charges in appropriate cases.
(e)
Adjustment for leaks on consumer's side of meter. An adjustment may be
made to the rate charged for excessive water volume consumed as a result of a
leak on the user's side of the meter. The adjustment for water and sewer volume
charges would be based on water usage in excess of that location's average normal
monthly consumption for the previous twelve-month period. The adjusted rate for
those excess gallons used would be the rate in effect for the four (4) to eight (g)
zero (0) to three (3) thousand gallon usage per month block rate.
Also, an adjustment to the volume billed may be made to the sewer volume
portion of the utility bill as a result of a leak on the consumer side of the meter if
the water service was broken at the point where the discharge did not enter the
sanitary sewer system. The city shall decide the extent of the adjustment based on
water usage in excess of that location's average monthly usage for the previous
twelve-month period.
Any request for an adjustment for either water volume or sewer volume charges
must be accompanied by documentation of the leak, in a format acceptable to the
city.
No allowances will be made due to running water due to weather conditions.
(f)
AGENDA ITEM # 8F
JANUARY 13, 2014
Adjustments for filling a swimming pool. A one time, per owner, allowance or
adjustment of volume billed for gallons used may be made to the rate charged for
excessive water consumed as a result of filling a swimming pool. The adjustment
would be based on water usage in excess of that location's normal monthly usage
based on prior consumption history of the previous twelve-month period. The
adjusted water volume rate for those excess gallons used would be the rate in
effect for the fuur (4) to eight (8) zero (0) to three (3) thousand gallon usage per
month block rate. The sewer volume billed is to be adjusted down to the average
normal monthly usage.
Any request for an adjustment for water and sewer volume charges for filling a
swimming pool must be accompanied by documentation for a new pool or repair,
in a format acceptable to the city.
Budget: The Public Utility revenue budget should be able to absorb the revenue
loss from the additional adjustments. An annual estimate based on November's
adjustments would approximate a $20,000 revenue loss.
Recommendation: To direct staff to propose an ordinance amending the
portions of the City Code as described above.
ATTACHMENTS: None
AGENDA ITEM:
DATE:
SUBMITTED BY:
AGENDA ITEM# 8G
JANUARY 13, 2014
AGENDA ITEM NO. ___ _
DATE: ____________ __
STAFF REPORT
City of Atlantic Beach
Commission Meeting
Police Building Scope of Work
December 6, 2013
Michael D. Classey, Chief ofPolicef/(J
SRATEGIC PLAN LINK: 4. Police Building
BACKGROUND:
The Commission held a workshop on November 18, 2013 for the purposes of discussing
what they would like included in a Request for Proposal (RFP). The Commission
indicated that they would like contract with an Architectural firm to determine the
options for expansion and renovation ofthe existing facility. The Scope of Work in a
RFP explains what services the City wants the Architect to perform. Below is a draft of
the Scope of Work, which includes limitations of this project, for Commission
consideration and review.
SCOPE OF WORK:
A. Documents: Review of historical documents, including original design plans,
2005 Renovation Plans, 2011 New Construction Plans, 2012 Building Design
Review Committee Proceedings and floodplain maps.
B. Physical Survey: Conduct physical survey of existing building and site to
evaluate condition and potential for expansion. The building evaluation should
take into consideration, but is not limited to, accessibility and public/police
personnel accommodation.
C. Floodplain: Determine whether the existing building can be expanded and
renovated to meet current building codes for a critical facility, including
determination of modifications necessary to comply with flood zone
requirements. The current facility is in the 500 year flood zone and is
surrounded on three sides by the 1 00 year flood plain.
D. Continued Operations: It is necessary for the Police Department and adjacent
City functions, including City Hall, the Commission Chambers and Russell
Park to continue to operate effectively during the construction and renovation
AGENDA ITEM# 8G
JANUARY 13, 2014
process. Plans for any temporary relocations or accommodations needed to do
so must be part of any design concept presented.
E. Budget: The size of the final remodeled and expanded facility has not been
determined. Instead of a pre-determined size, the project will be limited by
funding available which is limited to $2.5 million. Architect Would prepare a
range of alternative conceptual plans with the understanding that the City
would like to consider spending amounts ranging from $1.5 million to $2.5
million.
F. Future Expansions: Will it be possible to expand on this site in the future?
Architect should consider possibility of future expansion( s) of Police
Department that may exist, but not be included in current budget restrictions.
G. Limitations:
1. Any expansion must be on east side of creek only
2. Expansion and renovation must remain within the 35 foot height
limitation. Either one or two story designs can be considered.
3. Appearance of both remodeled building and any expansion(s) must
match architectural style of existing police station.
4. The City desires to protect several large oak trees that are adjacent to
the existing police station.
5. Project cannot result in a net loss of parking for the City Hall/Russell
Park campus.
H. Phased Plan: Develop a phased plan for expansion of existing facility. Plan
should include cost of moves and temporary facilities if necessary to maintain
effective daily operations of Police and Emergency Communications. Provide
project schedule including a timeline.
I. Delivery Method: Provide a recommendation along with advantages and
disadvantages of Design-Build vs. Design-Bid-Build.
J. Presentations: Participate in a Public Workshop to receive Commission direction
and citizen input. Present final plan at a Public Meeting of the City Commission
with cost estimates and any non-cost considerations.
Following Commission feedback on the Scope of Work, staff can complete a RFP for
advertisement. The Competitive Consultants Negotiation ACT (CCNA) was discussed at
the workshop and will be the process that staff follows in making a selection
recommendation to the Commission.
BUDGET: The exact budget amount is not yet known. This will be determined at the
conclusion of the CCNA process and with Commission approval.
AGENDA ITEM# 8G
JANUARY !3, 2014
RECOMMENDATIONS: For the Commission to review the Scope of Work and
provide feedback for staff in order to finalize a RFP.
ATTACHMENTS: None
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM# 8H
JANUARY 13,2014
Fleet Management & Vehicle Maintenance Services.
Rick Carper, P.E., Director of Public Works
December 11, 2013
BACKGROUND: The contract with First Vehicle Services expired on Sept. 30,
2013. We advertise the bid# 1314-03 on October 30, 2013. A mandatory pre-bid
meeting was held on November 14, 2013 and two firms attended: First Vehicle
Services and Vector Fleet Management. Evaluation criteria, in accordance with
page ITB-1 of the specifications, measuring each firms capabilities to provide the
requested services, were submitted by both firms. The Bid Specs call for the
Target Price bid to be adjusted by the numeric evaluation criteria score to
achieve an Adjusted Target Bid price.
An evaluation team of Donna Kaluzniak, Phil Nodine, Tim Gilboy and Rick
Carper met on December 11, 2013 to discuss the proposals and independently
rank the predetermined criteria (see scores attached).
In accordance with the Specifications, the evaluation scores were
announced immediately prior to the bid opening on December 11, 2013. First
Vehicles Services received xx.xx and Vector Fleet Management received xx.xx.
Bids were:
First Vehicle Services Vector Fleet Mgmt
Amount of Contract-Target
Evaluation Scores
Adjusted Target
RECOMMENDATION:
ATTACHMENTS:
BUDGET:
Award the Contract for Fleet Management & Vehicle
Maintenance Services to _______ _
Bid Analysis and scores on Evaluation Criteria
Target for 2013-2014 was budget at $261,000. This contract
will run from February 1, 2014 to January 31, 2019.
REVIEWED BY CITY MANAGER:----------------
Agenda Item:
Submitted by:
Date:
Strategic Plan Link:
Background
STAFF REPORT
City of Atlantic Beach
Commission Meeting
Contract for the SunGard One Solution Application
Keith Randich, IT Director
December 11, 2013
N/A
AGENDA ITEM# 81
JANUARY 13, 2014
A project was approved for fiscal years 2013-2017 to upgrade the City's enterprise software
application, SunGard's HTE, with a new application from SunGard, One Solution.
The existing HTE application is a mainframe product that has been in use in the City for 30
years. One Solution is a Windows-based product that offers improved flexibility and
capability. HTE presents data in a textual format, while One Solution uses graphics,
images, and GIS mapping. One Solution allows employees that are remote from their office
to access the application from their vehicles or from a handheld device. It also offers
extended report-writing capability.
This contract covers the second step of a four-part project. The first step was the
movement of the HTE environment from an in-house mainframe computer to the SunGard
data center in March 2013. This step is the conversion of the City's Community
applications (Building, Planning and Zoning, Occupational License, and Code
Enforcement) to the new One Solution software. In subsequent years, the City will convert
their Financial applications (Accounting, Purchasing, Payroll, HR), and finally, their Utility
Billing application. This project has been reviewed with the Commission at the past two
Strategic Planning sessions, as well as the past two City Budget reviews.
The IT budget for this fiscal year includes an amount of $140,725 for the one-time capital
expenditure associated with this project, and $76,000 in monthly maintenance fees.
Recommendation
Staff recommends that the City Manager sign the contract for the SunGard One Solution
Community application.
Budget
$140,725 (Capital) and $76,000 (Operating Expense)
Reviewed by City Manager: J(!;~ ,;fr.L-3 <' ~~~~.~~~---------------------
April 22, 2013
MEMORANDUM
To: Jim Hanson, City Manager
From: Donna Bartle, City Clerk
AGENDA ITEM# lOA
JANUARY 13, 2014
Below is a list of concerns with having Commission meetings/workshops at Adele Grage Cultural
Center.
1. Not enough parking for elected officials, staff and citizens.
2. Involves multiple department coordination as follows:
A. IT Department for projector, laptop(s) and network.
B. Public Works: setting up tables, chairs, etc.
C. City Clerk: bringing in and setting up equipment and distributing materials.
D. Recreation and Special Events: reserving room, coordinating the set-up for
access to supplies and equipment, answering calls regarding the meeting
because of its location, etc.
3. Audio recording is unreliable and very poor quality. During Strategic Planning, we used
an extra laptop to record on. The microphone plugged into the laptop was poor to
begin with so we put it in the middle of the room. If you place it close to me, it picked
up the noise from my typing. When we went to save the file, it took a long time. I tried
saving the first part of the meeting during the break to avoid having to wait at the end
of the night, but it took a long time saving even a portion of the recording which
prolonged the break.
4. Inconvenient for food delivery or pickup because of the parking issues. When Yvonne
had to bring in food for the Strategic Planning, her son had to drop her off with the food
and he drove around while she delivered and set up the food because there was no
place to park.
5. Cannot hear what is being said at the meeting because of:
A. The outside noise coming from the park.
B. The inside noise from events in the theatre.
C. We do not have microphones to speak in
D. We do not have sound system/speakers.
6. Very limited seating/space for citizens to attend.
7. No copier or computer readily available (if needed).
8. Office files not readily available (if needed).
AGENDA ITEM# lOA
JANUARY 13, 2014
9. The sunlight made the Westside of the room hot and caused a glare on the computers.
Some participates were unable to look at the West side of the room because of the
sun being in their eyes.
Please consider changing the location of the scheduled budget workshops to the Com mission
Chambers. Also, please consider using the Chamber for all other public meetings/workshops.
Thank you.
Sec. 1 1-2 . Loud and raucous noises . _
A GENDA IT8 M //lOB & IOC
JAN UA RY 13,201 4
Violations of this section declared to be loud and raucous noises shall include, but
not be li mited to , the following acts:
(a) Horns and signaling de vices. The sound of any horn, whistle or other audib l e
signaling device so as to create a loud and raucous noise, except as a danger
warning.
(b) Radios, phonographs, electronic amplifiers and similar equipment. The using,
operating or permitting to be played, used or operated, of any radio, e lectronic
amplifier, musica l instrument, phonograph or other device for the producing or
reproducing of sound in such manner such as to d isturb the peace, quiet and comfort
of the neighboring inhabitants.
Enforcement considerations should include the day of the week, time of day
or night, volume of the noise, number of complainants, celebrations normally
associated with holidays , and any s pecial events that may be in progress.
Generally, between the hours of 10:00 p.m . and 7:00a.m. Sunday through
Thursday evenings and 11 :00 p .m . and 7 :00 a.m . Friday and Saturday
even ings, the tolerance level for noise is significantly reduced, and
enforcement should be more stringent.
(c) Local vocal noises. Yelling, shouting , whistling or s inging at any place so as to create a
loud and raucous noise so as to annoy or disturb the quiet, comfort, or repose of persons in
any office or other place of business, or in any dwelling, hotel or other type of residence .
(d) Animals. The keeping of any animal which , by causing frequent or long-continued noise ,
shall disturb the comfort or repose of persons in the vicinity.
(e) Exhaust. The discharge into the open air of the exhaust of any steam engine , stationary
internal combustion eng ine, motor boat, persona l water craft, lawn mower, motor vehicle or
similar device, except through a muffler or other device which will effectively preve nt loud or
explosive noises therefrom .
(f) Construction or repairing of buildings. Construction activities which create loud or unusual
noises, including the excavation, demolition, alteration , con structio n or repair of any building
or structure other than between the hours of 7 :00 a.m. and 7 :00 p.m . Monday through Friday,
and 9 :00 a.m . and 7 :00 p.m . on Saturday-aAG-Sunaay. No commercial construction activities
within a residential community shall be allowed on Sunday. Commercial construction
actjvjties within a business district may be allowed on Sundays from 9:00a.m. and 7:00 p.m.
eK-sept-iA Cases of urgent ne cessity in the interest of public health and safety may be
AGENDA ITEM # 1 OB & 1 OC
JANUARY 13, 2014
approved as an exception, and then only with the approval of the city building official or his/
her designee.
(g) Schools, churches, medical facilities. No person, while on public or private grounds
adjacent to any building in which a school, church or medical facility is in session or use,
shall willfully make or assist in the making of any noise which disturbs the peace or good
order of such activity occurring within the building.
(h) Any person engaged in any business in the city to use for the purpose of attracting or
soliciting customers to his place of business a megaphone or any mechanical or electrical
contrivance, or device or use any or boisterous noise, which might annoy persons on the
streets or on the sidewalks, or in the adjoining buildings.
(i) Commercial Lawn Service Companies. Commercial lawn service companies shall be limited
to working in residential communities between the hours of 9:00 a.m. and 7:00 p.m. on
Saturdays and Sundays.