Amended Agenda Packet January 13, 2014 1
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
January 13, 2014 - 6:30 PM
AMENDED AGENDA
Call to order
Invocation and pledge to the flag
1. A. Approve the minutes of the Commission Workshop of November 18, 2013.
B. Approve the minutes of the Special Called Meeting of November 25, 2013.
C. Approve the minutes of the Commission Workshop of November 25, 2013.
2. Courtesy of Floor to Visitors
Added A. Special Recognition of Commissioner Maria Mark for completing the Institute of Elected
Officials III: The Leadership Challenge given by the Florida League of Cities.
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 Department Monthly Activity Report, List of
New Business Taxes and Utility Sales Report for November.
B. Extend the contract for Chlorine for one additional year to Allied Universal
Corporation at the current contract prices (Bid No. 1011-08).
Revised *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 February 1, 2014 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
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AND ENDING SEPTEMBER 30, 2014, AND PROVIDING AN EFFECTIVE DATE.
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.
Previously 8F *C. ORDINANCE NO. 80-14-84, Introduction and First Reading
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE I, SECTION 22-4
AUTHORITY TO ADJUST OR WAIVE CHARGES IN APPROPRIATE CASES, (E)
ADJUSTMENT FOR LEAKS ON CONSUMER’S SIDE OF METER, AND (F),
ADJUSTMENT FOR FILLING SWIMMING POOL; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR 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 Quarter 2013 Report. (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)
Moved to 7C *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.
Revised *H. Award the contract for Fleet Management and Vehicle Maintenance Services to First
Vehicle Services.
Revised *I. Contract for the SunGard One Solution Application.
Added **J. Report on options for a process to recruit and select a city manager.
Added **K. Report on options for a process to recruit and select a city attorney.
9. City Manager
A. City Manager’s Report.
10. Reports and/or requests from City Commissioners and City Attorney
Deferred ***A. Discussion concerning Audio/Visual/ Logistical Issues at meeting locations throughout
the City. (Commissioner Beckenbach) (Deferred to Strategic Planning)
Withdrew ***B. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit
commercial construction within a residential community on Sundays. (Commissioner
Mark)
Withdrew ***C. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit
commercial lawn service companies before 9:00 a.m. or after 7:00 p.m. on Saturdays
and Sundays. (Commissioner Mark)
Added **D. Commission Team Building Proposal (Mayor Woods)
* These items have been revised since the workshop meeting of December 16, 2013.
** These items have been added to the agenda since the workshop meeting of December 16, 2013.
*** These items have been removed from the agenda since the workshop meeting of December 16,
2013.
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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, January 10, 2014.
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
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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
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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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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
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 I 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
Water 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
II 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: ~
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AMENDED AGENDA ITEM# 4C
JANUARY 13,2014
AGENDA ITEM: Beach Cleaning Annual Contract, Bid No. 1213-13
SUBMITTED BY: Rick Carper, P.E., Public Works Director
Dec.26,2013 DATE:
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.
Addition: At the Commission's request to minimize impact to sargassum and rack benefits
for beach ecology, Staff has negotiated a change with Beachcombers North that
provides for beach raking to be done on an "as needed' basis, with raking to be
executed at the direction of Public Works. This will allow raking following heavy use
weekends such as summertime and holidays when cleaning is necessary. Savings
will be $190 I week when no raking is performed.
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
$32,916.00 for one year, from February 1, 2014 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: -~...:::...............:..'......:..?:r,..::!~=..!.......Jii~~~..(;.......-_______ _
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
ftl or id a Retir eme nt System:
AGENDA ITEM H 6A
JANUARY 13,20 14
Municipal pa rti cipation in the f lorid a Retire me nt System (f.RS) has been vo luntary s in ce 1970 .
Approximately 150 muni cipa liti es part ic ip ate in various membership classes, bu t make up less th a n 5
percent of the pa rti cipants/me mb ers of the FRS. FRS membe rs hip classes in clud e: Spec ia l R isk (Po li ce
and Pire), Ge ne ra l Employees, Elec ted Officials and Se ni or Management. After opting-in , current an d '
future e mpl oyees arc compu lso ry me mbers of th e rRS. The las t "opt-out" fo r muni cipaliti es occ urred ·
in 1996 "a nd ""a authorized for new e mpl oyees on ly. App roximate ly 50 municipalities and
ind ependent specia l di stricts opted-o ut during thi s w indow.
C UJTent S tatu s :
SB 246 (Rin g a nd Brad ley) has been fi led for t he 20 14 Legis la tiv e Sess ion. Th is bill is simi la r Lo th e
bill cons idered by th e Se nate du rin g th e 20 13 sess ion.
Broad ly speak in g, th e bill a ll ows cit ies to reduce pen sion benefi t lev els al l th e way down to th e
s tatuto ry minimum be ne fit le ve ls (if your city ha s a po lice o r fire uni on thi s ac ti o n would have to occllr
through t he co ll ec tive barga inin g process). Whil e the bi ll pro vides very li mit ed flexibi lity relatin g to
th e usc of in sura nce prem ium tax reve nu es, it a lso creates a fa irl y comp lex process rega rdin g th e use of
th ese tax rev en ues. Under SB 246, lhe usc of th ese fund s depend on when the amount o f insurance
premium tax reve nu es was ge nera ted and if the und er lyi ng defined benefit pl an has eithe r an over or
und er 80 percent assets-to-liabi J ities ratio .
In additi on, an imm edi ate and prob lemati c effect of th e bill is that it wou ld void the c urren t
Depnrtmcnt of Management Se rv ices (DMS) interpretation on the use of in s urance prem ium tax.
reven ue s, as rencctcd in the ''City of Naples" type letters. Thi s OM S inter pre tat ion is ve ry favorable to
c iti es, pmvidin g th e m wi th broad fle x ibility in negotiating pensio n bene fit levels and use o f in s ura nce
prem ium tax revenu es. Howeve r a conce rn with th e curre nt DM S int e rpre tat ion is that it co ul d be
c halle nged , and , under a new governo r, OMS cou ld once again change it s interpreta ti o n. As noted, a
statutory c hange as re n ected in the bill , wo ul d remove th e cu rrent OM interpretation but it wou ld a lso
prevent OM S from deve lopin g a less favorab le interpretation ofth e law in th e future.
The po li ce and firefighter union s argue thaL their members rely o n th e reve nue s from tJ1c in s urance
premium taxes to fund th e addi ti onal pen s ion benefits an d g iven th e 1999 law c hange. tho se reven ues
were promised to th e m. The League has long ma in ta in ed th ose mand ated be nefit le vel s required und er
c urr ent law a re un s ustai nabl e.
C ontact: A mbe r llughes ahu ghcs@ Ocities.co m
Revise d : I I /2 1/20 I 3
7
/\GENOA ITEM # 6/\
JANU ARY 13,2014
Su pporters 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 nsum ers du e to th e !act
that th e c urr ent co mbin ed rate o f th e gross rece ipts , s tate and lo ca l CST. ra tes a re so hi g h.
Co ntact: Amb er llu ghe s ahughcs@ nc it ics.com
Revised: 11/2 1/20 13 ...
5
AGENDA ITEM # 6A
JANUARY 13,2014
host of ordin ances des igned lo pr eve nt pollu tio n and in c rease alternative wa ter supp li es. While c it ies
bn ve many 1'to ols in th ei r too lb ox'' to e nsur e H c lean and s usta in abl e wa ter reso ur ce for th eir
co mmuniti es, th e Leg islat ur e co ntinu es to pass laws that c hip away at loca l gov ernment au th o rity.
C ur rent Sta tu s
On Ju ly I 0, 20 13 Senat e Pre sid ent Gaet z ann oun ced th e c rea ti on of th e Se lec t Co mmiltc c o n Indian
Rive r Lagoon and Lake Okeechobee. Th e co mmittee, chaired by Se nator Joe Negron , was ta sked with
investi ga tin g publ ic po licy, fundin g and othe r gove rnm e ntal ac tivit ies affec ti ng th e water management
of Lake Okeechobee. T he co mmitt ee ha s he ld three publ ic meetin gs to da te . e nato r Neg ron bas tasked
th e water ma na ge ment di stri c t, as well as th e ge ne ral public, to co me up w ith short -term proj ec ts th a t
wi ll improve water qu a lity co min g fr o m th e lak e and ens ure that the wate r re lease d will n ow thro ugh
th e Eve rg lades as or ig in a ll y int ended. Unfo rtun ate ly, the state of Flo rida is at lh e mercy of the federa l
go ve rnm e nt and Army Corps of Eng in ee rs in some rega rd. The Army Co rps o f Eng in ee rs ha s federal
overs ight of the wa te r re leases from Lake Okee chobee and th e da m th at s urround s it.
In 2013, th e state of Flo rida co mm it ted $10 milli on do ll ars for sprin gs protec ti on progra ms. Loca l
gove rnm ent matc hing fund s have increased the amo unt ava i I abl e for springs protectio n init iat ives to
$37 mi lli on. The De pa rtm e nt of Env ironm ental Protec ti on (OEP) is usin g th ese fLmd s to mi ti ga te th e
dam age from po int so urce po ll ut ion from wastewater trea tment fac iliti es, re move wastewa ter spray
fie lds that arc c lose to sprin g s hed s and oth er str a tegies th at wi ll re du ce pho sp horu s and nitrogen in
impaired wa ter bod ies. Recentl y, DEP requ es te d a budget all ocati on o f $15 mi ll ion fo r s pr ings
protec ti on for rv 2 014-2015 .
The Flor ida Leag ue o f Citi es supp ort s leg is lat ion that protects Flo r,ida 's wate r bodies throu gh in c reased
fund in g for th e Tota l Ma x imum Da ily Loa d pro gram , as we ll as th e Bas in Mana gement Acti on Plan
prog ram. The Lea g ue will a lso cont inu e to fi ght to protect the home rul e aut horit y of c iti es to adop t
local fertili zer ord inances to protect the wa te1· qua li ty o f local wate rways . 20 14 is likely to be a bu sy
year with multipl e pieces of leg is lati on fi led th at dea l wi th water qual ity, wa ter quantity a nd spri ngs
protec ti on.
C ontact: Rya n Ma tth ews rm atth cws@ n cit ics .co m
Revised: 11 /2 1/1 3
6
AGENDA ITEM II 6A
JANUARY 13,20 14
"bo tt om up " process th at start s wi th loca l econom ic devel opment and effort to retain an d grow s mall
bus ine sses.
C uJTent Status
Economic dev e lo pment continues to be a n imp ort ant focus for the F lorida Legislature, th e Govern or
and othe r important a nd innu ential stak eholders . F lo'rida's c iti es wi ll contin ue to engage th ese entities
by developing partners hips an d collaboration s and p rovidin g counse l on how be st to accompli s h the
task of reb oundin g Florida 's economy.
Contact: David Cru z, dc ru.l @ n cities .com
Revised: 11/2 1/2 01 3
9
AGEN DA ITEM # 61\
JANUARY 13,20 14
bud ge t s hort fall s rathe r tha n fu nd th e SHIP and SAIL ho us in g progra ms. ror th e fir st Lim e s in ce 2009,
a nalysts a re proj ectin g a state bud get surplu s o f $845 .7 mi ll io n for th e 20 14-15 fi sca l yea r. With no
budge t s hort fall s, it is c l'iti ca l th at the housin g tru st fund mon ies be use d for th e ir in te nded purpose thi s
yea r. If projected housing fund s are fu ll y invested into Florid a's loca l gove rnm en t ho usi ng programs, it
is est imated th ese fund s ca n c rc att! 26,4 00 jobs and have a $2.7 bi lli on in pos it ive econo m ic
deve lop ment im pa cts for Florid a's c ities. T he Sadowsk i I lous in g Coa liti on, a no np a rti sa n coa li t io n of
26 diverse sta tew ide orga ni :£at ions, s tron gly s upp o rt s hav in g a dedicate d reve nue so urce fo r F lo rid a's
affordab le hous ing progra ms.
The 080 p la ns to fi le legis lati o n makin g severa l sta tuto ry rev is ions to th e Sma ll C it y CDBG p rogram
in order to reduce outdated , burd ensome or restri c ti ve req uircrn ent s. Leg is lati on drafted by th e D EO in
coopera ti on with th e League and oth er stake ho lde rs d ire c ts the DEO to ma in tai n g1·a nt ac ti viti es in fo ur
sta tut ory ca tego ri es: housi ng reha bil itat ion, econo mi c deve lop me nt , ne ighb orhoo d rehab il itation and
com mercial re hab ilitation. The draft legi s la ti on was rev ised to reta in statutory a uth orizati o n for an
advi so ry co uncil , a co mpromi se that was s ugges ted by th e Le ag ue's Growt h Ma nage men t a nd
Eco nomi c Deve lop ment Poli cy Co mmitt ee . Th e League be li eves that mainta inin g an ac ti ve adv isory
co un ci l co mp osed o f muni c ipal members is cri ti cal to a ll ow in g citi es to prov ide feed bac k o n futur e
cha nges to th e program and st rengthen the re lationship between c iti es and th e OEO.
C ontact: David Cru z, dc nl l @ fl ci tic s .co m
Revis ed: 12/ I 0/20 13
II
AGEN DA ITE M t1 6A
JANU AR Y 13,20 14
transportation f undin g fac in g go vcrrun ent s at all le ve ls. Th e Fl o rida Tran spo rtati o n Co mmi ss ion is also
in the process o f s tudyin g th e iss ue and revi e win g a lt ernativ es to the ex is tin g pe r-ga ll on tax o n
gaso lin e. No bills were fi led durin g th e 201 3 sess ion whi ch wo uld ha ve direc tly a ffec ted th e ex istin g
re ve nu e s tream devo ted to tran spor tati on. Ho weve r, th e rDOT work prog ra rn wa s ful.l y fund ed fo r th e
201 3-20 14 fi scal ye ar. Throughout hi s te rm , Govern o r Scott ha s empha s ized th e imp ot1anc e o f
transp ortati on to Fl orid a and th e states's econ omy. Th e s upp ort o f th e executi ve bran ch a nd th e
in creas in g awa reness of th e tr ansport a ti on revenue pro bl em may lea d to the iss ue bein g addressed in
th e 20 14 sess ion.
Contnct: Ryan Pad ge tt rpadgctt@Oc it ies.com
llevis ed: I J/2 1/13
13
AGEN DA ITEM II 6A
JANUARY 13,20 14
of e briet y, while other houses are operat in g just s hy of admi ni ste ring treatm ent on-si te and fl yin g
unde r the rada r o f the Departm ent of Childre n and Famil ies (OCF) because th ey are not "formally
affil iated with'' a "li censed se rvi ce prov ider." (Those hou ses that are affi li ated w ith a li censed Servic e
Provider are c urrently required to be li ce nsed by OCF, whi le home s not affi liated w ith a li censed
serv ice prov id er a re not required to be li ce nsed by DCF). Therefore, the Leag ue wi ll be s upp ortin g
eff01t s lo c learly deiine sober homes in s tatute and allow for the regul ati on o f these fac ilit ies. Sober
ho mes w ill co ntinu e to be a problem for cit ies a nd law enforcement in Florida un t il the Legis lature
dec ides to act and place minimum operating standa rd s for th ese places in to statute.
SB 73 8 (C lemen s) a nd HB I 089 (Grant) were fil ed to address th e so ber home iss ue in 20 13, but both
bill s d ied in comm ittee. There was la nguage in se rted into SB 1500 , the Genera l Appro priations Ac t,
requ iring th e Departm ent of C hildren a nd Fam ili es to stud y the possible li ce nsure of sober homes in
Plo rid a. DCF held three pu bli c hearings ove r th e summ er and submitt ed a report to the president of the
Senate, th e spea ke r of th e Hou se and th e gove rn o r o n October I, 201 3. T he report li sted w hat o th er
state s arc do in g in rega rd s to so ber ho me reg ulati on, or th e lac k th ereof, but ultimately conc lud ed that
further s tudy ofthe issue was needed prior to makin g recommendations.
Status:
There hav e not been any bi ll s fi led to date dealing wit h so ber homes , but League staff expects
leg islati on to be fil ed on the iss ue in the coming month s.
Contact: Casey Coo l<, ccook@.fl ci ti cs.com
Revised: I J/21 /20 13
16
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
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: ORDINANCE NO 80-14-84
AMENDED AGENDA ITEM# 7C
JANUARY 13,2014
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE I,
SECTION 22-4 AUTHORITY TO ADJUST OR WAIVE CHARGES IN
APPROPRIATE CASES, (E) ADJUSTMENT FOR LEAKS ON CONSUMER'S
SIDE OF METER, AND (F), ADJUSTMENT FOR FILLING SWIMMING
POOL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
DATE: January 13, 2014
SUBMITTED BY: Nelson VanLiere, City Manager
STRATEGIC PLAN LINK: N/A
BACKGROUND:
As is customary for most utilities, it is the City's policy to adjust utility bills for excessive
consumption for leaks or pool fills. The inclining block rate structure adopted in 2004 is
designed to charge increasingly high amounts per thousand gallons to discourage wasteful use.
In the case of a leak, or a pool fill, the otherwise low usage customer is penalized for the
excessive use as if they were wasteful, when in fact they may be very conservation oriented.
When excessive consumption occurs, the current practice is to adjust the bill amount down by
charging the excessive gallons used at lower volume rate. Excessive is considered consumption
above a twelve month average for the location due to a documented leak or a pool fill. This
practice has been in place for years.
Through recent customer complaints, it has come to our attention that the adjustments given are
not truly helping the customer as much as the policy intended. In 2005, the City recognized the
need to adjust bills for high consumption as a result of the new rate structure and added
language to the code to allow for this. The decision made at the time was to adjust bills down
to the second tier rate instead of the first tier. This still results in a very large bill for customers
that experience leaks and after providing documentation and receiving an enormous bill,
provides little relief.
Since the intent of the higher block rate is to encourage conservation and not penalize otherwise
prudent customers, it is my recommendation that we amend the code to allow adjustments for
excessive consumption down to the first tier. The impact to the City will be to slightly lower
AMENDED AGENDA ITEM# 7C
JANUARY 13,2014
revenues collected for water and sewer volume charges by the difference between the first and
second tier rates. This reduction should be easily absorbed by the utility.
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.
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: Ordinance No. 80-14-84
REVIEWED BY CITY MANAGER4( ~/~
ORDINANCE NO 80-14-84
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES,
ARTICLE I, SECTION 22-4 AUTHORITY TO ADJUST OR
WAIVE CHARGES IN APPROPRIATE CASES, (E)
ADJUSTMENT FOR LEAKS ON CONSUMER'S SIDE OF
METER, AND (F), ADJUSTMENT FOR FILLING
SWIMMING POOL; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR AN EFFECTIVE DATE.
AMENDED AGENDA ITEM # 7C
JANUARY 13,2014
WHEREAS, the City has carefully considered the complaints of utility customers
regarding the amount of adjustment received for excessive water consumption related to a leak or
pool fill, and
WHEREAS, the City has determined that amending the code to allow adjustments down
to the first tiered rate from the second tier would more appropriate, and
WHEREAS, the City proposes to amend the code of ordinances to reflect this change in
policy recognizing the financial impact to the City's utility is reasonable.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
SECTION I. Chapter 22 Utilities, of the Code of Ordinances of the City of Atlantic Beach,
Florida is hereby amended to read as follows:
ARTICLE I-IN GENERAL
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 where the discharge entered the sanitary sewer system. 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 (8) 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.
AMENDED AGENDA ITEM# 7C
JANUARY 13,2014
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) 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 four (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.
SECTION 2. Severability
If any section, sentence, clause, or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 3. Effective Date
This Ordinance shall take effect upon its final passage and adoption.
Passed by the City Commission on first reading this __ Day of Januaty, 2014.
Passed by the City Commission on first reading this __ Day of February, 2014.
Carolyn Woods
Mayor I Presiding Officer
Approved as to form and correctness:
City Attomey
ATTEST:
Donna L. Bartle, CMC
City Clerk
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 CITYMANAGEW.!R~:;......,_~...;;;::~-...------------
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
Quarter ly Report At lantic Beach Police Department 3rd Quarter 2013
3rd Quarter 3rd Quarter 3rd Quarter 3rd Quarter 3rd Quarter 2012-2013 Year to Date Yea r to Date Yea r to Date Year to Date Year to Date l 2012-2013
2009 201 0 2011 2012 2013 Comparison 2009 2010 201 1 2012 2013 Comparison
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 1l 8 -27%
Aggravated Assault 19 20 12 11 B 18% 40 34 38 27 34 26%
Burglary 19 30 28 14 28 100% 62 80 67 48 5 7 19%
Larceny 83 97 82 73 73 0% 265 241 234 199 183 -8%
Auto Theft 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 nse 7970 6093 5875 5412 -8% 22662 23159 20183 16557 1 7198 4%
TOTAL ARRESTS 263 186 223 25 2 189 -25% 749 603 671 687 588 . -14%
DUI Arrests 54 54 68 8 1 73 -10% 142 208 197 202 199 -1%
Traffic Citations 1694 1103 957 1064 887 -17% 3932 3378 3186 3055 3619 18%
Auto Accidents n 58 88 56 64 14% 206 1n 209 188 205 9%
Emergency Response Time Average 3 min 8 sec 1 min44 sec 2min37sec 2 min 54 sec 3 m tn 39sec 2min47sec 1 min34sec 2 min33 sec 2 min 56 sec 3 mi n l sec
Stolen Property $ 124,188 s 361,2 10 $ 188,163 s 143,457 s 114,436 -20% $ 469,851 672146 $ 525,907 s 344,452 s 346,840 1%
Recovered Property s 7 ,112 s 202,807 $ 40,551 $ 45,495 s 11,703 -74% $ 64,672 272265 $ 197,887 s 77,833 $ 129,292 66%
RecoverY Percentage 6% 56% 22% 32% 10% 14% 41 % 389'0 23% 37%
Crime Suppression .
Felony Arrests 20 25 19 10 3 -70% 48 43 49 24 14 42%
Misdemeanor Arrests 12 1 1 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%
Prostitution Arrests 2 4 5 0 0 0% 28 25 5 0 2 200%
Animal Control
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 22 3 -21%
Fire Department
EMS Calls 197 225 244 330 224 -32% 591 632 685 827 639 -23%
Response Time 4min40sec 4 min 48 sec 4min 26sec 6 min 1 sec 4min 49sec 4 min22sec 4 min 41 sec 4 min 30 sec 4min 51 sec 4 min 4 2 sec
Fi re Calls 43 48 <+9 59 31 47% 137 135 152 165 85 48%
Response Time 4 min 13 sec 4min 06 sec 4min 26sec 4mln 57 sec 5 min 14sec 4 min 16 sec 4 mi n 02 sec 4min33 sec 14 min 58 sec 4 min 34sec
Note: A proce dural change in mid 20 11 on how case follow-up act ions we r e logged into the comput er sy stem resu lted in th e decreases of calls for service see n 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:
AGHNDA ITEM# 8D
JAN UARY 13 . 2014
AGENDA 1TEM NO. ___ _
DATE: ______________ __
C lTY OF ATLANT IC BEACH
CITY COMMISS ION MEETING
STAPP REPORT
Th rough lot s between Beach Avenue and Ocean Bou levard
Mi chael G ri ffi n, CBO, CFM Buildin g and Zonin g Director ~
December 5, 2013
ST RA TEGIC PLAN LJNK: None
BACKGROUN 0:
Attached is a copy of the Novem b er 19, 2013 staff report submitted to the Communi ty
Development Board (COB) to discuss C it y Code Section 24-84 (c) which relates to through lots
alo ng Beach Ave nue and Ocean Bo ul evard. T hj s sectio n req ui res double frontage lot s extendin g
fTom Beach A ve nu e to Ocean Boulevard to have tho front ya rd face Ocean Bou levard. As
ind icated to th e CDB, 10 of th e 22 through lo ts already front and have a Beach Avenue add ress.
On ly 4 through lots are addressed and fron t along Ocean Bou levard, the other lots have s ide
stree t add resses. Cun·cntly the o rdin ance req ui res an ex isting through property to redirect the
front yard to Ocea n Avenue if the exis tin g s tmcture is de mo lis hed and reb uilt. Staff req u ests th e
Com mi ssio n el iminate U1i s po rtion of Seution 24-84 to all ow t hrough lots to front onto eith er
Be ac h Avenue or Ocean Bouleva rd . Below is a list of through lot addresses fronti ng onto Bea ch
Avenue.
120 Beach Aven ue
0 Beach Avenue (u n pub lished address)
250 Beach A venu e
136 Beach Avenu e
l 78 Beach Avenue
328 Beach A venue
436 Bea ch Avenue
620 Beach A venue
360 Beach A venu e
578 Beach A venu e
The COB voted unanimous ly (see attached draft minu tes) to request Secti on 24-84 (c) be
amended to allow th rough lots a long Beach A venu e and Ocea n Boulevard to fron t along Beach
Avenue. Our Public Works Depart ment docs not object to th is a men dm ent and does not con!:iidcr
thi s as ad din g a traffic imp ac t thi s porti on of Beach Avenue .
BUDGET:
RECOMMENDAT lON:
ATTACHMENTS:
No Imp act
Motion to reques t City staff to draft proposed ordi nance amend in g
Section 24-84 (c) requiring throug h lot s alot1 g Beach Avenue and
Ocean Boulevard to have fro nt yard face Ocean Bouleva rd .
November 19, 20 [ 3 COB staff repo rt and draft minu tes.
REVIEWED BY CITY MANAGER : :::::~S}J~~~~--------
(
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
Drn.fi Min ifies of the Oct ober I 5. 20 I 3 regu lar mr ctiug of thf! Co 1111111111 ity De11elopment Bonrd
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
November 19, 2013
1. CALL TO ORDER.-6 :06 pm
AGENDA ITEM 11 8D
JAN UAR Y 13,20 14
Chair Brea Pau l verified the presence of a quorum with the attendance of, Kelly Elmore,
Harley Parkes, Patrick Stratton and Sylvia Simmons. The meeting was called to order at
6:06pm. Also present was t he Building and Zoning Director , Michael Griffin,
Redevelopment and Zo nin g Coordinator, Jeremy Hubsch and Recording Secretary Jenny
Wall<er. Kirk Hanson arriv ed at 7:00pm, Jason Burge ss was absent.
2 . ADOPTION OF MEETING MINUTES-October 15, 2013.
Brea Paul called for a motion to approve the minutes of the October 15, 2013 regular
meeting. Kelly Elmore moved that minutes be approved as written. Patrick Stratton
seconded the motion and it carried 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 tll<.e the
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 slated the BoalS and Trailers Ordinance was discussed at the October 15111
meeting and the Board had asl<ed staff fo r some additional details to include
the actual number of violations that were actually present. Mjchael Griffin
spoh:e slating the Board asl<ed for some site boundary information, Code
Enforcement information and -staff 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 found 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 compla ints per month for boats and trailers or
recreational vehicles in the front yard, Mr. Griffin refreshed the boards
memory that Jacl(sonvilJe, St. Augustine, Neptune Beach and St. Johns County
has the same regulations of no boats or trailers in the front 20ft: front yard
setback )acltsonville Beach allows one 20 ft: boat in the front yard setbacl(.
Atlantic Beach is less resb·ictive than Jacl<sonville, Neptune Beach, St.
Augustine and St. Johns County by allowing the boat to be 15ft from the front
property line. T h e Board also ash:ed for some boundary information. Mr.
Griffin s howed a plat of the Park Terrace subdivision stated that when plats
are set up houses are set up on the lot with generally a 20ft: setback, anything
Page I o f 5
V mfi Mi nutes oft he October 15, 201 3 rcg rtlnr meeting of tir e Co mmr mity Del'e/opment Board
AGEN D A I TRM # 8D
JANUARY I J , 20 14
beyond that 20ft setbacl( is in the right of way. He then showed several
examples of compliant lots and noncompliant Jots 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 ticlcet it. Mr. Griffin
responded stating Code Enforcement will leave a courtesy notice first giving a
reasonable time. Mr. Elmore aslced and 1f the homeowner states that it is a
visitor and it will be removed in a few days 1 Mr. Griffin stated the City will
worlc with them before taldng any code enforcement action. The firstspealcer
was Mr. Paul Gunsaulis, 780 Begonia Street. Mr. Gunsaulis stated that because
everyone in Atlantic Beach has different Jot 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 setbaclt from the lot line" to read "15ft
setbacl' from street pavement." He states that would put him in compliance.
The second spealcer was Michael Hampton, 651 Begonia Street. He stated
someone from the City came out to his property yesterday and told him he
could talce down 2 trees on the lot and move his boat back 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
wiJJ not remove his boat, the City can fine him all they want, he will not move
his boat". The third spealcer was Linda Spencer, 282 Magnolia Street. She
agrees with homeowners having home rights but her neighbors have their
boat parlced right underneath her bedroom window. She is in favor of the
Ordinance the way it is. Final spealcer is Chris Lambertson, 357 12th St.
Believes the issues with Boats and Trailers started because of the Jade 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 setbaclc for boats, trailers and recreational vehicles. Kelly
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 should be left just as it is. The ordinance withholds the standard
aesthetic throughout the City. Harley Parltes stated that he agrees with Mr.
Ehnore. Sylvia Simmons stated that she drove all 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 think
the Ordinance should be changed at aiL Brea Paul says she concurs with all
the other board members, we have the most lax code akeady.
I<elly Elmore made a motion to keep the Boats and Trailers Ordinance as
written in place, unaltered HarJey Parl<es seconded the motion and it carried
by a vote of 6 -0.
5. NEW BUSINESS.
A. SPA-13 -00100075 (PUilLIC IJEARING)-201 Mayport Road
Staff
Report
Request for S pecial Planned Area (SPA) rezoning as permitte d b y Sections
24-116 through 24-126, to allow a maximum of 80 residential units. The
P-roperty i!l currently zoned Comme rcial Limited (CL) and R eside ntial
General-Multi-Family (RG-M). The Future Land Usc Ocsi~nation IJigh
Dens ity lUI).
Jeremy Hub sch , Red evelopment and Zoning Coordinator gave a
Pnge2of 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 UY CITY MANA@~·-· -··7 •
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 eve opmen tSt d d an 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
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
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.
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-
Family (R3-M) __
SJuth G:>mmerdal (OV1) 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 requestrng warvers. ~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
Dmfl Minutes of th e Octobe,. /5, 2011 ,.egukll'llleeling of th e Co numm ity De1•e/opm enl Boa,.d
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
November 19, 2013
1. CALL TO ORDER.-6:06pm
AGENDA ITEM II 8E
JANUARY 13,20 14
Ch air Brea Paul verifi ed the prese nce of a quorum with th e attendance of1 l<e lly Elmore,
Harl ey Pa rke s, Patrick Stratton and Sylvi a Si mmons. The m ee ting was ca ll ed to order at
6:06pm . Also prese nt wa s the Building and Zon ing Dire cto r, Mich ae l Griffin,
Red evel op m e nt and Zon in g Coo rdin ator, Jer emy Hubsc h and Reco rding Sec reta ry Je nny
Walke r. Kirk Han son arrived at 7 :00pm, Jaso n Burg ess was ab se nt.
2. ADOPTION OF MEETING MINUTES -October 15, 2013.
Br ea Pau l cal led for a motion to approve the minutes of th e Octob er 15, 2013 regular
m eeting. l<e ll y Elmore m oved that minutes b e approved as writ t e n. Patrick Str atton
seco nd ed the motion a nd it carried by a vote of 7-0.
3. OLD BUSINESS. None.
4. REPORTS .
A. Boats and Tra ilers. Brea Paul aslted for a vote by show of hands to take the
Agenda out of orde r and discuss Boats a nd Trailers ahead of Ne w Business
b ased o n the numbe r of citizens in attendance to spealt on this topic. Brea
Paul stated the Boats and Trailers Ordina nce was discu ssed at the October 15th
m eeting and the Board had asked staff for some a ddition al deta ils to include
the actua l number of violations that were actually present. Michael Griffin
s polce stating th e Boat·d asl<ed for some site boundary information, Code
Enforcement Informa tion and staff did a survey of 80% of Atlantic Beach and
found tha t there were 21 boat violations, 13 of the violations the boats coukl
be r elocated on the property a nd b e found in compliance. 28 boats were
found in compliance. Five trailers and campers were found in violation and 9
n·ailers and campers were found in compliance . On the Code Enforcement
iss u es we average 10 complaints per month for boats a nd n·atlers or
recreational ve hicles in the front yard. Mr. GrJffin refreshed the boards
memory that Ja cksonville, St. Augustine, Ne ptune Beach and St. Johns County
has the same r egulations of no boats or trailers in the fr ont 20ft fr·ont yard
setb ack. Jacl<sonville Beach allows one 20 ft boat in the front yard setback
Atlantic Beach is less restrictive t han Ja cl<so nvil le, Neptune Beach, St.
Augustine and St. John s County by allowing the boat to be 15ft fr om the front
property lin e . The Board also aslted for some bounda.ry information. Mr.
Grjffin showed a plat of the Pa l'l< Terrace subdivision stated that whe n plats
are set up houses are set up on the lot with generally a 20ft setback, a ny thing
Page l of5
Draj1 Ml n11 tes of/h e Oc1oher I 5 , 2013 regt~larmee/iilg of the Co llum til if)' Det1elopment Board
AGENDA ITEM 1/ 8E
JANUARY 13, 20 J4
beyond that 20ft setbaclc is in the right of way. He then showed several
examples of compliant lots and noncompliant lots boats, trailers and campers.
Kelly Elmore questioned how long time wise can a boat or recreational vehicle
be in the right of way before Code Enforcement wiJJ tidtet 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 ? Mr. Griffin stated tl1e City will
work witlt them before taldng any code enforcement action. The firstspeaker
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
setback from sn·eet paveme nt." He states that would put him in compliance.
The second speaker was Michael Hampton, 651 Begonia Sn·eet. He stated
someone from the City came out to his property yesterday and told him he
could talce down 2 n·ees on the lot and move his boat bade and be in
compliance. He sai.d 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 third speaker was Linda Spencer, 282 MagnoJia Street. She
agrees with homeowners having home rights but her neighbors have their
boat parh:ed right underneath her bedroom window. She is in favor of the
Ordinance the way it is. Final speaker is Chris Lambertson, 357 12Lh St.
Believes the issues with Boats and Trailers started because of the laclc 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 setback for boats, n·ailers and recreational vehicles. I<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 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 slated that she drove all over the City and was
stu·prised at how few violations she saw. Ms. Simmons stated reducing the
requirement may result in creating more boats and n·ailers. She doesn't thinlc
the Ordinance should b e changed at all Brea Paul says she concurs with all
the other boa rd members, we have the most Jax code already.
l<elly Elmore made a motion to k eep the Boats and Trailers Ordinance as
written in place, unaltere d. Harley Parltes seconded the motion and it carried
by a vote of 6·0.
5. NEW BUSINESS.
A. S PA-13-00100075 (PUBLIC IIEARI NG )-201 Mayport noad
Staff"
Report
RC(]tiCst for Special Planned Area (SPA) rezonin g as permitted by Sections
24-116 throu g h 24-126, t o nllow a maximum of 80 residential unit s. T he
prope rty is cuJTcntly zoned Comme rcial Limited (CL) and Reside ntial
Gc ncrnl-Multi-Family (RG-M). The Future Land Use Designation High
De n s ity (lUI).
Je r emy Hubsch, Redevelopment and Zoni ng Coord in ator gave a
Page 2 o f S
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
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
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AMENDED AGENDA ITEM # 8H
JANUARY 13,2014
AGENDA ITEM: Fleet Management & Vehicle Maintenance Services.
SUBMITTED BY: Rick Carper, P.E., Director of Public Works
DATE: December 11, 2013
STRATEGIC PLAN: None
BACKGROUND: The City advertised the bid# 1314-03 on October 30, 2013.
A mandatory pre-bid meeting was held on November 14, 2013 with two firms
attending: First Vehicle Services and Vector Fleet Management. Evaluation
criteria documenting ability to provide the requested services were submitted
prior to the bid opening by both firms. The Bid Specs specified that the Target
Price bid would 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.
Bids were:
First Vehicle Services Vector Fleet Mgmt
Amount of Contract-Target
Evaluation Scores
Adjusted Target
$228,562.31
98.5
$232,042.95
$296,859.00
70.0
$424,084.29
RECOMMENDATION:
ATTACHMENTS:
BUDGET:
Award the Contract for Fleet Management & Vehicle
Maintenance Services to First Vehicle Services.
1) Evaluation Criteria scores
2) Bid Analysis
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: _-?/....;..,;,;;:_t/;;;....;;;;~.:::;...::;....-c;.A"'--"""~:;;....;:::;&------------.
Evaluation of Proposals for
FLEET MANAGEMENT AND VEHICLE MAINTENANCE SERVICES
CITY BID 1314·03
Total
CRITERIA Points First Vehicle Services
Available
Performance for public clients
(Reference Checks) 20 points 20.00
Experience of organization/
personnel 15 points 15.00
Proposer's ability to execute this
project 10 points 10.00
Overall adequacy of resources and
resource allocation 25 points 25.00
Approach to providing specified
services 10 points 9.00
Quality Assurance Plan 10.00 10 points
Preventive Maintenance Program 9.50 10 points
OVERALL SCORE 98.50
_(average from four individual scores)
EVALUATIONS PERFORMED BY
Rick Carper, Tim Gilboy, Donna Kaluzniak and Phil Nodine
AMENDED AGENDA ITEM # 8H
JANUARY 13,2014
Vector Fleet
Management
13.75
10.00
7.25
16.75
6.00
7.50
8.75
70.00
BID 1314-03
Required Documents
Submission in Triplicate -All Documents
Document Requirements Checklist
Bid Bond in the amount of $20,000
Insurance Certificate
W-9Fonn
Letter from Bonding Co. -$250K Payment & Performance Bond
Public Entity Crimes Statement
Drug Free Workplace
Bid/RFP Award Notice Form (page 49)
Amount of Contract (page 51)-TARGET
None Contract Labor Rate Per Hour
Aooendix A-Exceotions to Articles of Contract loage 53)
Appendix B-Affidavit of Interest (page 54)
Appendix C -Bidder's Qualification Fonn (page 57)
Appendix D -Personnel Qualification Form (page 58)
Aooendix E-Bank References loaae 59)
Appendix G-Questionnaire (page 61)
Evaluation Scores
City of Atlantic Beach
Fleet Maintenance & Vehcile Management Services
December 11, 2013
First Vehicle Services
X
X
X
X
X
AMENDED AGENDA ITEM# 8H
JANUARY 13, 2014
3:00PM
Vector Fleet Management
X
NO
X
X
X
X NO (Included Performance & Payment Bond form from specs
not from a bondi[Lq_comoanvl
X X
X X
X X
$228,562.31 $296,859.00
$32.26 $40.00
X X
X X
X X
X X
X X
X X
98.5 70
Award of Bid based on Department Analysis and Commission Approval
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 23, 2013
N/A
AMENDED 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
To approve and authorize the City Manager to sign a contract with SunGard for the One Solution
Community application as attached.
Budget
$140,725 (Capital) and $76,000 (Operating Expense)
Attachment: SunGard One Solution contract
Reviewed by City Manager: _·~-"'--~-L/?_,_, -=-u;;_=~~~G-L-L~"""'-~-'-" _______ _
APPLICATION SERVICES PROVIDER AGREEMENT
AMENDED AGENDA ITEM# 81
JANUARY 13, 2014
This Application Services Provider Agreement ("Agreement") is made between SunGard Public Sector Inc.,
("SunGard Public Sector") a Florida corporation with a business address at 1000 Business Center Drive,
Lake Mary, FL 32746 and City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, FL 32233,
("Customer") as of the Execution Date.
Customer desires to engage SunGard Public Sector to provide Customer with access to and use of certain
SunGard Public Sector-provided Software on an application services provider basis. Accordingly, the
parties agree as follows:
1. Defined Terms.
"Additional Functionality" means changes that SunGard Public Sector makes for inclusion in a General
Release Module to increase the functionality of the General Release Module.
"Appendix" means each schedule that is attached to this Agreement that is marked as an "Appendix."
Appendices are incorporated herein and are lettered sequentially, beginning with "Appendix A" and
continuing thereafter.
"Application(s)" means the software system(s) to which Customer has requested access and paid therefor,
listed on Appendix A -Order Form, including, but not limited to, all computer programs and related
documentation, and any modifications thereto.
"Application Services" means the services and Software utilization and access rights to be provided to
Customer by SunGard Public Sector under this Agreement.
"Application Services Term" means the period identified in Section 9 of this agreement as "Term and
Termination," and during which Customer will have the right to access the Software.
"Commencement Date" is defined in Appendix A, and Is the date on which the Term commences and the
date upon which Customer will begin to pay Application Services fees to SunGard Public Sector.
"Concurrent Sessions" means any person accessing SunGard Public Sector's hosted environment.
"Confidential Information" means non-public information of a party to this Agreement. Confidential
Information of SunGard Public Sector includes the Software and algorithms, methods, techniques and
processes revealed by the Software. Confidential Information does not include information that: (I) is or
becomes known to the public without fault or breach of the Receiving Party; (il) the Disclosing Party
regularly discloses to third parties without restriction on disclosure; or (iii) the Receiving Party obtains from a
third party without restriction on disclosure and without breach of a non-disclosure obligation.
"Customer Employees" means: (i) Customer's employees with a need to know; and (il) third party
consultants engaged by Customer who have a need to know, who have been pre-approved by SunGard
Public Sector, and who, prior to obtaining access to the Software, have executed a SunGard Public Sector-
approved non-disclosure agreement.
"Disclosing Party" means the party providing its Confidential Information to the Receiving Party.
"Documented Defect" means a material deviation between the General Release Module and Its
documentation, for which Documented Defect SunGard Public Sector has confirmed that Customer has
given SunGard Public Sector enough Information for SunGard Public Sector to replicate the deviation on a
computer configuration which is both comparable to the Hardware and is under SunGard Public Sector's
control.
"Execution Date" means the latest date shown on the signature page of this Agreement.
"General Release" means the general release version of a Module as updated by Upgrades, but without any
other modification whatsoever.
SunGard Public Sector ASP Agreement
Rev. 5.8.12 Page 1 of 14
I 061 LG-130877·1 Atlantic Beach, FL ASP-SaaS Agreement
AMENDED AGENDA ITEM# 81
JANUARY 13,2014
"IP Rights" means all patents, patent rights, patent applications, copyrights, copyright registrations, trade
secrets, trademarks and service marks and Confidential Information.
"Maintenance" means SunGard Public Sector's efforts· to provide Customer with avoidance procedures for
or corrections of Documented Defects. The hours during which Maintenance will be provided for each
Application, the targeted response times for certain defined categories of Maintenance calls for each
Application, and other details and procedures (collectively, the "Maintenance Standards") relating to the
provision of Maintenance for each Application is described in attached Appendix C.
"Module" means any one of the Applications identified in Appendix A, excluding Third Party Products, as
well as all code and related specifications, documentation, technical information and all IP Rights for such
Application.
"New Releases" means new editions of a General Release Module.
"Notification" means a communication to SunGard Public Sector's help desk by means of: (i) SunGard
Public Sector's web helpline; (ii) the placement of a telephone call; or (iii) the sending of an e-mail, in each
case, in accordance with SunGard Public Sector's then-current policies and procedures for submitting such
communications.
"Object Code" means computer programs assembled, compiled, or converted to magnetic or electronic
binary form on software media, which are readable and usable by computer equipment.
"Order Form" means an attachment to this Agreement, which is a supplement to this Agreement for all
purposes. Unless otherwise stated in any Order Form, all terms and conditions stated in this Agreement
shall remain in effect.
"Receiving Party" means the party receiving Confidential Information of the Disclosing Party.
"Software" means the Modules listed in Appendix A-Order Form.
"Start-Up Assistance" means SunGard Public Sector's efforts in getting the hosted environment ready for
the functional implementation of the Application Services. Such Start-Up Assistance may include, but shall
not be limited to, hardware acquisition and setup, user setup, and global security setup.
"Upgrades" means, collectively, Maintenance, Additional Functionality and New Releases.
2. Application Services, Generally. During the Application Services Term, SunGard Public Sector will
provide Customer with the Application Services generally described in this Section 2 and in Section 3
hereunder, including the right to access to the Applications, on the terms and conditions of this Agreement.
Application Services include the grant by SunGard Public Sector to Customer of a non-exclusive, non-
transferable license to access and use the Software in Object Code form within the United States of
America for Customer's own, non-commercial computing operations (subject to any Concurrent User
limitations provided for in Appendix A), while such Object Code resides in and is executed from a SunGard
Public Sector datacenter. Any rights not expressly granted in this Agreement are expressly reserved.
a) Documentation. Customer can make a reasonable number of copies of the documentation
for each Module for its use in accordance with the terms of this Agreement.
b) Restrictions on Use of the Software. Customer is prohibited from causing or permitting the
reverse engineering, disassembly or decompilation of the Software. Customer is prohibited from
using the Software to provide service bureau data processing services or to otherwise provide data
processing services to third parties. Customer will not allow the Software to be used by, or disclose
all or any part of the Software to, any person except Customer Employees. Without limiting the
foregoing, Customer is permitted to allow use of the input and/or output sensory displays of or from
the Software by third parties on a strict "need to know" basis, and such use will not be deemed a
non-permitted disclosure of the Software.
This Agreement is expressly made subject to any United States government and other applicable
laws, regulations, orders or other restrictions regarding export from the United States or another
country, and import into any country, of computer hardware, software, technical data or other items,
SunGard Public Sector ASP Agreement
Rev. 5.8.12 Page 2 of 14
1061LG-130877-1 Atlantic Beach, FL ASP-SaaS Agreement
AMENDED AGENDA ITEM# 8I
JANUARY 13,2014
or derivatives of such hardware, software, technical data or other items. Customer will not allow the
Software, in whole or in part, to be exported outside of the United States of America, in any manner
or by any means. Customer is prohibited from removing or altering any of the IP Rights notice(s)
embedded in or that SunGard Public Sector otherwise provides with the Software. Customer must
reproduce the unaltered IP Rights notice(s) in any full or partial copies that Customer makes of the
Software.
c) Application Software Maintenance and Support Services. Maintenance Is available during
the SunGard Public Sector hours outlined in Appendix C.
3. Access rights, Improvements and Changes, Start"Up Assistance, Conversion Services.
SunGard Public Sector agrees to provide access to the Applications requested by Customer on Appendix A
-Order Form (or any supplemental or replacement Order Form(s)) for the number of terminals indicated so
long as Customer is current in its payment obligations hereunder. Information regarding access to the
Applications and related responsibilities for both parties under the Application Services is as provided in
Appendix B.
a) Improvements and Changes. SunGard Public Sector will Install upgrades, new software
releases and enhancements, error corrections, upgrades to third party operating system software,
and upgrades to hardware, as necessary, for the Host Computer Systems.
b) Start-Up Assistance. SunGard Public Sector will provide Start-Up Assistance to Customer
and Customer agrees to pay to SunGard Public Sector the Start-Up Fees as provided on Appendix
A -Order Form. Customer agrees to reimburse SunGard Public Sector for actual, reasonable
travel and living expenses incurred by or on behalf of SunGard Public Sector and its personnel In
furnishing the Start-Up Assistance. Any such travel and living expenses shall be billed by SunGard
Public Sector to Customer on a monthly basis and governed by the SunGard Public Sector Travel
Policy.
c) Optional Conversion Services. At Customer's option, SunGard Public Sector will provide
Conversion services. If Customer elects Conversion services, Customer shall provide data to
SunGard Public Sector in a compatible format acceptable to SunGard Public Sector, and on media
specified by SunGard Public Sector.
4. Fees, Payment and Taxes.
a) Payment.
i. Application Services Fees or "Access Fees". During the Application Services Term,
Customer will pay SunGard Public Sector the Application Services fees as specified In
Appendix A, Including but not limited to fees for access to the Applications ("Access Fees"), as
otherwise provided for in Appendix A. No more frequently than once per year, SunGard Public
Sector shall have the right to adjust the Application Services Fees. For the Term of this
Agreement only, any increase in Application Services fees shall be limited to no more than 5%
compared to the preceding year's fees. Time is of the essence with regard to Customer's
payment obligations pursuant to this Agreement.
ii. Travel and Living Expenses. Except as otherwise provided in Appendix A, Customer will
reimburse SunGard Public Sector for actual and reasonable, out-of-pocket travel and living
expenses that SunGard Public Sector incurs in providing Customer with on-site services under
this Agreement that are scheduled advance with Customer to be provided at Customer's
location. Such travel and living expenses will be invoiced on a monthly basis in arrears and will
be due within thirty (30) days from the date of invoice.
b) Taxes. Customer is responsible for paying all taxes (except for taxes based on SunGard
Public Sector's net income or capital stock) relating to this Agreement, the application services, the
Software, and any other services provided or payments made under this Agreement. Applicable tax
amounts (if any) are NOT included in the fees set forth in this Agreement. If Customer Is exempt
from the payment of any such taxes, Customer must provide SunGard Public Sector with a valid tax
SunGard Public Sector ASP Agreement
Rev. 5.8.12 Page 3 of 14
1061LG-130877-l Atlantic Beach, FL ASP-SaaS Agreement
AMENDED AGENDA ITEM# 8I
JANUARY 13,2014
exemption certificate; otheiWise, absent proof of Customer's direct payment of such tax amounts to
the applicable taxing authority, SunGard Public Sector will invoice Customer for and Customer will
pay to SunGard Public Sector all such tax amounts.
c) Data Communications and Telephone Services. Customer shall pay for any data
communications services (internet or telephone services). If Customer requires special telephone
line configurations due to unique equipment or data requirements, SunGard Public Sector reserves
the right to charge for analysis and design of such special configurations.
d) Suspension of Service. If in any instance, Customer fails to pay to SunGard Public Sector
within thirty (30) days after SunGard Public Sector makes written demand therefor, and payment of
the amount in question is not the subject of a bona fide dispute, then, in addition to preserving its
rights to collect payment of the past-due amount and all accompanying late fees, and all other rights
and remedies that SunGard Public Sector may have at law or in equity, SunGard Public Sector
may, in its sole discretion and without further notice to Customer, suspend or reduce its
performance of the Application Services.
5. Confidential Information. Except as othe!Wise permitted under this Agreement, the Receiving Party
will not knowingly disclose to any third party, or make any use of the Disclosing Party's Confidential
Information. The Receiving Party will use at least the same standard of care to maintain the confidentiality
of the Disclosing Party's Confidential Information that it uses to maintain the confidentiality of its own
Confidential Information of equal importance. Except in connection with the Software and any software
provided with the Software, the non-disclosure and non-use obligations of this Agreement will remain in full
force with respect to each item of Confidential Information for a period of ten (10) years after Receiving
Party's receipt of that item. However, Customer's obligations to maintain the Software as confidential will
survive in perpetuity.
6. Credit Toward In-house Licensing. As used in this Paragraph 6, "In-house Licensing" means
procuring through SunGard Public Sector's standard license agreement, the right for Customer to run a
copy of the Applications that are owned by SunGard Public Sector for Customer's use only, on hardware
owned or leased by Customer at a facility which is owned or controlled by Customer. In the event Customer
desires to run the Applications owned by SunGard Public Sector in-house (and has not previously procured
a license for such in-house use), SunGard Public Sector will discount Customer's in-house licensing fees
for the Applications owned by SunGard Public Sector by an amount equal to one percent (1%) of the
licensing fees for each month Customer uses Application Services, up to a maximum discount of sixty
percent (60%). In order to qualify for said credit, Customer must not be in breach hereof, must have
provided termination notice pursuant to the terms of this Agreement, must enter into SunGard Public
Sector's standard license agreement, and must have paid all fees required to be paid to SunGard Public
Sector. Maintenance and support services for the Applications that are owned by SunGard Public Sector
will be available to Customer (and are recommended by SunGard Public Sector) under the terms of
SunGard Public Sector's standard maintenance agreement.
7. Existing Products. For any products listed in Appendix A as "Existing Products" or "Currently
Licensed" (Licensed Programs) of which Customer has licensed under a previous agreement, Customer
shall retain the right to run a copy of the Licensed Program(s) on hardware owned or leased by Customer at
a facility which is owned or controlled by Customer. Customer acknowledges that should they run a copy of
the Licensed Program(s), maintenance services for said Licensed Program(s) will not be provided under
this Agreement. Should Customer desire to receive maintenance services they will be required to enter
into a separate software maintenance agreement with SunGard Public Sector.
8. Intellectual Property Indemnity by SunGard Public Sector. SunGard Public Sector will defend,
indemnify and hold Customer harmless from and against any loss, cost and expense that Customer incurs
because of a claim that use of a General Release Module infringes any United States copyright of others.
SunGard Public Sector's obligations under this indemnification are expressly conditioned on the following:
(i) Customer must promptly notify SunGard Public Sector of any such claim; (ii) Customer must in writing
grant SunGard Public Sector sole control of the defense of any such claim and of all negotiations for its
settlement or compromise (if Customer chooses to represent its own interests in any such action, Customer
may do so at its own expense, but such representation must not prejudice SunGard Public Sector's right to
SunGard Public Sector ASP Agreement
Rev. 5.8.12 Page 4 of 14
106ILG-l30877-I Atlantic Beach, FL ASP-SaaS Agreement
AMENDED AGENDA ITEM# 81
JANUARY 13,2014
control the defense of the claim and negotiate its settlement or compromise); (iii) Customer must cooperate
with SunGard Public Sector to facilitate the settlement or defense of the claim. If any Module is, or in
SunGard Public Sector's opinion is likely to become, the subject of a United States copyright infringement
claim, then SunGard Public Sector, at its sole option and expense, will either: (A) obtain for Customer the
right to continue using the Module under the terms of this Agreement; (B) replace the Module with products
that are substantially equivalent in function, or modify the Module so that it becomes non-infringing and
substantially equivalent in function; or (C) refund to Customer the annual Application Services fee payable
by Customer in the year that such claim or threatened claim arises. THE FOREGOING IS SUNGARD
PUBLIC SECTOR'S EXCLUSIVE OBLIGATION WITH RESPECT TO INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS.
9. Term and Termination.
a) Application Services Term. The initial Application Services Term is for a period as stated in
the Appendix A-Order Form. Thereafter, the Application Services Term will automatically renew
for consecutive one (1) year periods, unless terminated by either party by providing written notice
one-hundred eighty days (180) days prior to the upcoming Application Services Term annual
renewal date.
b) Right of Termination. A party has the right to terminate this Agreement if the other party
breaches a material provision of this Agreement. Either party has the right to terminate this
Agreement at any time while an event or condition giving rise to the right of termination exists. To
terminate this Agreement, the party seeking termination must give the other party notice that
describes the event or condition of termination in reasonable detail. From the date of its receipt of
that notice, the other party will have thirty (30) days to cure the breach to the reasonable satisfaction
of the party desiring termination. If the event or condition giving rise to the right of termination is not
cured within that period, this Agreement will automatically be deemed terminated at the end of that
period. However, notice to SunGard Public Sector of a suspected Documented Defect will not
constitute a notice of termination of this Agreement.
c) Effect of Expiration of Application Services Term or Termination of Agreement. Upon the
expiration of the Application Services Term, or upon any earlier termination of this Agreement by
either party, Customer's right to receive the Application Services and to use the Software as
otherwise provided for in this Agreement terminates. Any use of the Software after the Application
Services Term or after the termination of this Agreement is a violation of this Agreement, and
further, may subject the user to additional claims under applicable law, including without limitation
claims for violation of SunGard Public Sector's copyright interest in and to the Software.
d) Deconversion Assistance. If after any termination or expiration of this Agreement
Customer converts to a different vendor's applications, SunGard Public Sector will provide, upon
payment of SunGard Public Sector's then-current standard deconversion fee, reasonable
assistance and documentation for such deconversion in order to assist Customer in removing its
information and placing said information in SunGard Public Sector's standard format for input to the
other vendor's applications. In the event Customer requests a non-standard deconversion,
SunGard Public Sector shall be entitled to receive compensation for consultation, software and
documentation provided to assist in the deconversion on a time and materials basis at the standard
prevailing rate then charged by SunGard Public Sector for such services.
e) Survival of Obligations. All obligations relating to non-use and non-disclosure of
Confidential Information and indemnity will survive termination of this Agreement.
f) Termination Without Prejudice to Other Rights and Remedies. Termination of this
Agreement will be without prejudice to the terminating party's other rights and remedies pursuant to
this Agreement.
10. Notices. All notices and other communications required or permitted under this Agreement must be
in writing and will be deemed given when: Delivered personally; sent by United States registered or certified
mail, return receipt requested; transmitted by facsimile confirmed by United States first class mail; or sent
by overnight courier. Notices must be sent to a party at its address shown on the first page of this
Agreement, or to such other place as the party may subsequently designate for its receipt of notices.
SunGard Public Sector ASP Agreement
Rev, 5.8.12 Page 5 of 14
106110-130877-1 Atlantic Beach, FL ASP-SaaS Agreement
AMENDED AGENDA ITEM# 81
JANUARY 13, 2014
11. Force Majeure. Neither party will be liable to the other for any failure or delay in performance under
this Agreement due to circumstances beyond its reasonable control, including Acts of God, acts of war,
accident, labor disruption, acts, omissions and defaults of third parties and official, governmental and
judicial action not the fault of the party failing or delaying in performance.
12. Assignment. Neither party may assign any of its rights or obligations under this Agreement, and any
attempt at such assignment will be void without the prior written consent of the other party. For purposes of
this Agreement, "assignment" will include use of the Software for benefit of any third party to a merger,
acquisition and/or other consolidation by, with or of Customer, including any new or surviving entity that
results from such merger, acquisition and/or other consolidation. However, the following will not be
considered "assignments" for purposes of this Agreement: SunGard Public Sector's assignment of this
Agreement or of any SunGard Public Sector rights under this Agreement to SunGard Public Sector's
successor by merger or consolidation or to any person or entity that acquires all or substantially all of its
capital stock or assets; and SunGard Public Sector's assignment of this Agreement to any person or entity
to which SunGard Public Sector transfers any of its rights in the Software.
13. No Waiver. A party's failure to enforce its rights with respect to any single or continuing breach of
this Agreement will not act as a waiver of the right of that party to later enforce any such rights or to enforce
any other or any subsequent breach.
14. Choice of Law; Severability. This Agreement will be governed by and construed under the laws of
the State of Florida, without reference to the choice of laws provisions thereof. If any provision of this
Agreement is illegal or unenforceable, it will be deemed stricken from the Agreement and the remaining
provisions of the Agreement will remain in full force and effect.
15. LIMITATIONS OF LIABILITY; DISCLAIMER OF WARRANTIES
a) LIMITED LIABILITY OF SUNGARD PUBLIC SECTOR.
EXCEPT FOR MATTERS WHICH RELATE TO SUNGARD PUBLIC SECTOR'S OBLIGATION TO
INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED
UNDER SECTION 8 OF THIS AGREEMENT, SUNGARD PUBLIC SECTOR'S LIABILITY IN
CONNECTION WITH THE APPLICATION SERVICES, THE SOFTWARE, ANY CONSULTING
SERVICES, OR ANY OTHER MATTER RELATING TO THIS AGREEMENT WILL NOT EXCEED
THE APPLICATION SERVICES FEES THAT CUSTOMER ACTUALLY PAID TO SUNGARD
PUBLIC SECTOR IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD.
b) EXCLUSION OF DAMAGES. REGARDLESS WHETHER ANY REMEDY SET FORTH
HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL
SUNGARD PUBLIC SECTOR BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR
NOT SUNGARD PUBLIC SECTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
c) DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS
AGREEMENT, SUNGARD PUBLIC SECTOR MAKES NO WARRANTIES WHATSOEVER,
EXPRESS OR IMPLIED, WITH REGARD TO THE APPLICATION SERVICES AND/OR THE
SOFTWARE, IN WHOLE OR IN PART. SUNGARD PUBLIC SECTOR EXPLICITLY DISCLAIMS
ALL WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR
PURPOSE.
d) BASIS OF THE BARGAIN. CUSTOMER ACKNOWLEDGES THAT SUNGARD PUBLIC
SECTOR HAS SET ITS FEES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON
THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES
SET FORTH IN THIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF
THE BARGAIN BETWEEN THE PARTIES.
SnnGard Public Sector ASP Agreement
Rev. 5.8.12 Page 6 of 14
1061LG-130877-I Atlantic Beach, FL ASP-SaaS Agreement
AMENDED AGENDA ITEM# 81
JANUARY 13,2014
SUNGARD. PUBLIC SECTOR
Supplement to the SunGard Public Sector Inc. Application Service Provider Agreement
Schedule A -Order Form
This Schedule A-Order Form is entered into under the terms and conditions of the SunGard Public Sector
Inc. Application Service Provider Agreement dated September 21, 2012 (Agreement), between SunGard
Public Sector Inc. (SunGard Public Sector) and City of Atlantic Beach, FL (Customer). Unless
otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect.
Customer Name: City of Atlantic Beach, FL Yes
I Initial Order Form
Agreement Number: 1061LG-130877-1 I Replacement Order Form
1. Commencement Date: February 1, 2014
2. Term: The initial Application Services Term begins upon Commencement Date and expires sixty (60)
months thereafter. Thereafter, the Application Services Term will automatically renew for consecutive one
(1) year periods, unless terminated by either party by providing written notice one-hundred eighty days (180)
days prior to the upcoming Application Services Term annual renewal date.
3 A r r IPPIJCa Jon G roups &F ees:
Applications and/or Services Professional Start-Up Fee Monthly
Services Access Fee
Replaces 121099·1 Agreement
New -ONESolutlon Products GovNOWCode Compliance-(OS-KO), GovNOW Business f>ccount N/A $ 10,000.00 $ 7,500.00
(Not Currently Licensed) Management-(OS-K6), GovNOWPennltllng-(OS·K3), GovNOWMap
f>ccess Fee(s)-(OS-KX), SunGard Transaction Manager-(OS·Kn.
ONESolution Central Billing-(OS-BILLING), ONESolution Desktop-
(OS-DESKTOP), ONESolutlon Common Features· (OS-COMN)
Migration· ONESolutlon Products ONESoluUon Permitting-(OS·BPMT), ONESoluUon Business Account NIA N/A Included In
(Currently Licensed) Management-(OS-BAM), ONESolution Land· (OS-LAND), Monthly Fee
ONESolutlon Code Compliance· (OS-CCMP), ONESolution SPSONE
Security-(OS-OSEC), ONESoluUon Cash Receipts· (OS-CRCPD
Professional Services Auditing, Configuration Mapping, Training, Workflow Development $ 57,720.00 N/A N/A
Professional Services Installation 8,160.00 N/A N/A
Professional Services Conversion 26,400.00 N/A NIA
Professional Services Project Management, 21,960.00 N/A N/A
ONESolution 3rd Party Products Global Core· (08-GCOREN\/), CommunllyCore-(OS-N/A N/A Included In
GCORENII),GovNOWCore Module· (OS-K1), Cognos Bl: Base Bundle Monthly Fee
·(BICORE)
Professional Services 3rd Party Cognos B\: Onsile Training Package Bundle (MAX)-(COGNOS-TRJIJN-20,320.00 N/A N/A
Products MAX), Cog nos 81: Mminstrator ONLY Online Training Package
(COGNOS-TRJIJN-JIJJMIN), Installation, Project Management, Training
forGovNOW
ONESolution Hosting Services ONESolution Hardware Configuration and Setup, Disaster Recovery for N/A Included In Included in
BunGard Public Sector Applications for 1 Production and 1 Test Startup Fee Monthly Fee
accounl, \lPN de\ice with \lPN card forredundancy
Concurrent Sessions 10 Production, 10 Test N/A N/A Included In
Monthly Fee
Existing Hosted Navlllne Products Cash Receipts. (CR), Land/Parcel Management· (LX), Building N/A N/A Included In
Permits· (BP), Occupational Licenses-(OL), Customer information Monthly Fee
System • (CX), Document Management Sef\'lces-(DX), GMBAwilh
Extended Reporting-(GM), Purchaslngnnvenlory-(PI),
Payroll/Personnel-(PR), Fixed Assets. (FI\), Accounts Receivable.
(MR), Loans· (LN), CISNolce Response Interface· (1/2), Delinquency
Callout Listing Interface· (DL), Credit Card Interface· (CY), Code
Enforcement-(CE), Cash Receipts Lock Box interface (Creditron) • CA
Halcyon Spool File Mgr-HSF, QRep Calalogs: GM, PI, PR, CR, FA LX,
OL, CX, MR, LN, BP, CE-(CJ), Mdltional Payroll Library
Existing Hosted Naviline 3rd Party QRep Admin (1) ·(CG), QRep End User (5) • (CG), ACOM N/A N/A Included In
Products EZPayManager Laser Checks Module, EZDocs/400, Document Design MonlhlyFee
for AP Checks, Payroll Checks, Direct Deposit, and Purchase Orders,
ACOM PDF Converter
Mod Retrofit 12 Objects N/A N/A N/A
NaviLine Hosting Services 1 Na\iLine Hardware Hosting, Disaster Recovery for SunGard Public N/A N/A 2,000.00
Sector Applications, \lPN de \ice with \lPN card for redundancy
Total Proposed System: $ 134,560.00 $ 10,000.00 $ 9,500.00
Upon Go-Live of both Commumty ONESolut1on and Finance ONESolutJon the below Monthly Access Fees
will be reduced by the two-thousand ($2,000.00) dollars.
No
X
X
SunGard Public Sector ASP Agreement
Rev. 5.8.12
1061LG-130877-l Atlantic Beach, FL ASP-SaaS Agreement
Page 8 of 14
Application Groups & Fees Notes:
AMENDED AGENDA ITEM# 81
JANUARY 13,2014
1) Start-Up Fee is based on use of SunGard Public Sector's Standard ASP Implementation
Methodology.
2) Number of Concurrent Sessions listed above used in the calculation for the Monthly Access Fees.
Changes to the number of Concurrent Sessions may impact the Monthly Access Fee.
The initial Monthly Access Fee will be due February 1, 2014. Subsequent Monthly Access Fees will be due
on the first of the month thereafter. Monthly Access Fees will be invoiced in advance on a monthly basis for
a term of sixty (60) months at the rates listed below.
Months 1 -12 $ 9,500.00 per month or $114,000.00 per year;
Months 13-24 $ 9,785.00 per month or $117,420.00 per year;
Months 25-36 $10,078.55 per month or $120,942.00 per year;
Months 37-48 $10,380.91 per month or $124,570.88 per year;
Months 49-60 $10,692.33 per month or $128,308.00 per year;
Monthly Access Fees for any Contract Year subsequent to the initial Application Services Term are subject
to change and will be specified by SunGard Public Sector in an annual invoice.
APPLICABLE TAXES ARE NOT INCLUDED IN THIS ORDER FORM, AND, IF APPLICABLE, WILL BE
ADDED TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE
CUSTOMER.
4. Payment Terms: The amounts noted above shall be payable as follows:
Start-Up Fee: 100% on the Execution Date.
Monthly Access Fee: Due in advance on a monthly basis. The initial Monthly Access Fee will be due as
stated above. Subsequent Monthly Access Fees will be due on the first of the month thereafter throughout
the Application Services Term.
Project Management: 1 00% on the Execution Date.
Professional Services Fees (includes Auditing, Configuration Mapping, Workflow Development, and
Training): On invoice, as incurred.
Installation Fees: 100% due upon completion.
Conversion Fees: 50% upon execution, 50% upon completion.
Third Party Products Professional Services Fee: 50% upon Execution, 50% upon completion.
Travel and Living Expenses: Travel and living expenses are in addition to the prices quoted above and
will be invoiced as incurred and shall be governed by the SunGard Public Sector Corporate Travel and
Expense Reimbursement Policy. Travel and living expenses actually incurred in prior months for which
SunGard Public Sector is seeking reimbursement, shall also be invoiced monthly.
5. Modification Retrofits. For each non-standard Application in library HTEMOD that was written by
SunGard Public Sector or any Application that has had custom modifications performed by SunGard Public
Sector at the Customer's request, SunGard Public Sector will perform all necessary programming to ensure
that the program is compatible with each new software release, version, or program temporary fix made
available by SunGard Public Sector.
6. Third Party Software and Hardware. Unless otherwise provided for herein, warranty, modification
retrofit and maintenance offerings by SunGard Public Sector for its Licensed Program(s) do not apply to any
third party hardware or third party software supplied under this Supplement. SunGard Public Sector does
not make any warranties nor provide any source code for any non-SunGard Public Sector products unless
otherwise provided herein. The return and refund policy of each individual third party hardware or third party
software supplier shall prevail unless otherwise provided herein.
SunGard Public Sector ASP Agreement
Rev. 5.8.12 Page 9 of 14
1061LG-130877-1 Atlantic Beach, FL ASP-SaaS Agreement
AMENDED AGENDA ITEM# 8!
JANUARY 13,2014
3.2. Night Processing
Specified processor-intensive jobs, as determined by SunGard Public Sector Inc., may be required to be
run outside normal business hours to ensure that acceptable system performance standards are met.
3.3. System Maintenance
SunGard Public Sector Inc. will provide all necessary hosted Systems and network maintenance as
deemed appropriate and necessary by SunGard Public Sector Cloud Solutions.
3.4. SunGard Public Sector Application Maintenance and Upgrades
Software maintenance and upgrades will be performed outside of each customer's standard business
hours whenever possible.
Emergency situations will be handled on a case-by-case basis in such a manner as to provide the least
possible disruption to overall system operations and availability without negatively affecting system stability
and integrity.
The primary Customer contact will be notified, when possible, via the on file e-mail address, prior to
software upgrades being performed.
3.4.1. SunGard Public Sector Inc. Applications
Upgrades and updates to SunGard Public Sector Inc. applications will be performed on scheduled
dates during the year.
3.5. Hardware Maintenance and Upgrades
Hardware maintenance and upgrades will be performed outside of each customer's standard business
hours whenever possible.
Emergency situations will be handled on a case-by-case basis in such a manner as to cause the least
possible disruption to overall system operations and availability without negatively affecting system stability
and integrity.
The primary Customer contact will be notified, when possible, via the on file e-mail address, prior to
hardware upgrades being performed.
3.6. System Security (Logical)
System security values will be set to provide for system integrity and data security as deemed appropriate
by SunGard Public Sector Inc. This will include such items as password length and makeup, change
intervals, system security level, etc.
Customer users will only have access to appropriate Customer data.
Security auditing will be enacted to provide for the ability to audit security violations, changes, etc., with
periodic system security reviews conducted by SunGard Public Sector Inc.
Datacenter security will include implementation of an industry standard firewall, secure sockets layer,
virtual private networks, Intrusion Prevention, IP address translation, and/or a combination thereof.
3.7. Authorized Third Party Software
SunGard Public Sector Inc. has partnered with a number of third party vendors for purposes such as time &
attendance, form printing, mapping, etc. Only authorized third party software will be supported in the hosted
environment.
4. System Requirements
The following are hardware specifications to enable the Customer to access the host systems. These
requirements are the responsibility of Customer.
4.1 Personal Computers
Each personal computer that will access the hosted environment should achieve the following hardware
specifications for access:
Supported Operating Systems
Microsoft Windows XP Professional SP3
SunGard Public Sector ASP Agreement
Rev. 5.8.12
106ILG-130877-l Atlantic Beach, FL ASP-SaaS Agreement
Page 11 of 14
• Microsoft Windows 7 (Business, Enterprise & Ultimate)
Processor:
Memory (RAM):
Storage:
Video:
Software:
Multi-Core x86 based CPU at 2.0GHz or faster
4 GB or Higher
15 GB for data plus 25% Free Space for 1/0 Performance
1024x768 XGA or higher resolution (adapter and monitor)
Microsoft Office 2007/2010
AMENDED AGENDA ITEM # 8!
JANUARY 13,2014
SunGard Public Sector does not provide 11Minimum" specifications for the ONESolution applications.
If a user desires to implement hardware that does not meet the specifications in this document they
can submit the hardware configuration to a SunGard Solutions Architect for review.
4.2 Customer Connectivity
• Internet bandwidth is determined by the customer. It is based on Saturation level: a combination of
connection speed, number of users on the system, size of files being accessed over the internet, etc.
• All LAN connections should be 100Mb/sec or faster and in a switched environment.
• Any WAN connections should be evaluated based on concurrent usage statistics. Please contact your
SunGard account representative before any WAN implementations.
• SunGard Public Sector will provide a pre-configured Cisco router to establish a site to site VPN
connection to the SunGard datacenter. The Customer is required to provide a technical resource to
install and successfully test the VPN connection during implementation.
• Cellular wireless connections are not supported.
4.3 Recommended Customer Hardware
An industry standard firewall used to protect the customer's internal network is required for connectivity into
the hosted network.
5. Host Site Performance
Performance monitoring and tuning will be performed as necessary to maintain an average In network interactive
response time. "In network" is defined as any point between which the data packet enters the SunGard Public
Sector Inc. environment and subsequently departs the SunGard Public Sector Inc. environment. Any point of
communications outside of the SunGard Public Sector Inc. protected network environment, shall be deemed as
"out of network."
SunGard Public Sector Inc. is not responsible for Internet connectivity and/or performance outside the internal
SunGard Public Sector Inc. host site infrastructure.
6. Standard Application Support
SunGard Public Sector Inc. provides standard Application Support Monday-Friday 5:00 am to 5:00 pm customer
local time.
The toll-free application support line is 1-888-0NE-SUPPORT or 1-888-663-7877.
7. Cloud Solutions Hosted Support
Host site technical hardware and host operating system support shall be provided 24hours a day, 365 days per
year. This includes support for technical issues related to hosted Systems access, and hosted Systems
functionality.
SunGard Public Sector Inc. is not responsible for Customer hardware, non-SunGard Public Sector Inc. related
software, Internet access, and/or connectivity issues. SunGard Public Sector Inc. will provide guidance to
Customer in obtaining technical support for on-site hardware and connectivity issues.
The toll-free Cloud Solutions support line is 1-888-0NE-SUPPORT or 1-888-663-7877, options 4 and 2.
8. Audit Reporting
SunGard Public Sector Cloud Solutions will provide the Customer a copy of its current Audit Report/Statement
upon request.
SunGard Public Sector Cloud Solutions will provide the Customer a client facing copy of its Data Center Disaster
Recovery Plan upon request
SunGard Public Sector ASP Agreement
Rev. 5.8.12 Page 12 of 14
1061 LG-130877-1 Atlantic Beach, FL ASP-SaaS Agreement
APPENDIXD
ESCALATION PROCEDURES
AMENDED AGENDA ITEM# 8I
JANUARY 13,2014
The City of Atlantic Beach and SunGard Public Sector should anticipate challenging
issues to arise throughout the implementation process due to the complex magnitude of
this project. In order for challenging issues to be remedied in a timely fashion, the City of
Atlantic Beach and SunGard Public Sector will utilize the following Escalation Procedure:
All communication regarding the project should be directed to SunGard Public Sector's
Project Manager and the City of Atlantic Beach Project Manager in order to maintain
consistent communication between the parties. Scheduled weekly calls will be
maintained between the Project Manager and the City of Atlantic Beach Project Team
(including the City of Atlantic Beach's Project Manager).
All issues or concerns will be discussed actively and openly between SunGard Public
Sector's Project Manager and the City of Atlantic Beach Project Manager.
If issues begin to interfere with the progression of the implementation project, the City
of Atlantic Beach and/or SunGard Public Sector should escalate challenges to SunGard
Public Sector management in the sequence below, as needed:
Paul Tovey -Director of Professional 530.879.5139 J2aul.tovey:@sungardgs.com
Services
Raymond Perkey-V.P. Professional 407.304.3026 ray:mond. 12erkey:@su ngard gs. com
Services
Escalation to City of Atlantic Beach management Team should be as follows:
TBD -City of Atlantic Beach Project TBD TBD
Manager
TBD -City of Atlantic Beach Project TBD TBD
Sponsor
City of Atlantic Beach GoverninQ Body TBD
For Cloud Solutions escalations the City of Atlantic Beach should contact SunGard
Public Sector management in the sequence below:
Rebecca Kumpf -Director of Cloud
Solutions
407.304.3884 rebecca.kumgf@sungardJ2s.com
Steve Pratt -V.P. Development and 407.304.3152 steve. 12ratt@su ngard gs. com
Cloud Solutions
For overall SunGard Public Sector escalations, questions or concerns, related to the
contract or any other items, the City of Atlantic Beach should contact their Client Success
Executive, Toni Sweat at 407-304-324 7 or toni.sweat@sungardps.com.
SunGard Public Sector ASP Agreement
Rev. 5.8.12 Page 14 of 14
106JLG-130877-l Atlantic Beach, FL ASP-SaaS Agreement
AGENDA ITEM:
SUBMITTED BY:
DATE:
STRATEGIC PLAN:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
City Manager Recruitment
Catherine Berry, J.D., Director of Human Resources
January 7, 2014
None
AMENDED AGENDA ITEM# 8J
JANUARY 13,2014
The City Commission appointed an Interim City Manager on
December 9, 2013 and requested the Director of Human Resources to present options on
recruiting a permanent City Manager. Each Commissioner provided input into the process to
the HR Director. Of the four options presented, two were considered viable options: 1. Keep
the current interim City Manager for a probationary period and then evaluate him based on a
pre-approved process and criteria, and 2. Hire an executive search firm through an RFP
process to assist in the recruitment of a permanent City Manager.
RECOMMENDATION: Option 1: Direct the HR Director to prepare a draft evaluation
document and process or Option 2: Direct the HR Director to prepare an RFP for an executive
search firm.
ATTACHMENTS: Two options for recruitment of City Manager
BUDGET: Impact of second option: $10,000-25,000
REVIEWED BY CITY MANAGER: -------------------
City of Atlantic Beach
City Commission Meeting
Staff Report: Recruitment of City Manager
Attachment 1: Two Options for Recruiting a City Manager
AMENDED AGENDA ITEM# 8J
JANUARY 13,2014
After speaking with each City Commissioner, two options have emerged:
1. Wait for a period of time and evaluate interim for appointment
• An Evaluation tool would be developed now the expectations and criteria
delineated and a set date and process for an evaluation would be determined.
Pros: Cost, known entity, morale, moving City business forward, strategic planning
Cons: Lost time if not successful in probation period
2. Retain an outside party (search firm) to conduct the recruitment
• HR, City Attorney and Commission will develop RFP to select search firm, check
references and develop and execute contract
• Search firm, HR and Commission will develop:
o profile, to include minimum qualifications and selection criteria
o interview questions
o evaluation tool/process
• Search firm will:
o recruit qualified candidates
• Commission will:
o approve the selection of candidates
o interview the candidates
o make the final selection
Pros: expertise, less staff time.
Cons: cost, length of time usually longer
Submitted by: Catherine Berry, J.D., Director of Human Resources
January 7, 2014
1
AGENDA ITEM:
SUBMITTED BY:
DATE:
STRATEGIC PLAN:
BACI<GROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Recruitment of City Attorney
AMENDED AGENDA ITEM# 8K
JANUARY 13,2014
Catherine Berry, J.D . .~ Director of Human Resources
January 7, 2014
None
An Interim City Attorney firm was appointed by the City
Commission on December 9, 2013. The City Commission wants to begin the process of
selecting a permanent City Attorney-Firm. Two options: 1. Keep the current Interim firm for a
probationary period and then evaluate based on a pre-approved process and criteria or 2. issue
an RFP to begin the recruitment process for a permanent City Attorney-Firm.
RECOMMENDATION: Option 1: Direct the HR Director and City Manager to draft an evaluation
tool/process to use at a designated time to give the Commission, the staff and the public a
transparent process to determine if the City should keep the Interim City Attorney-Firm or
make a change. The Commission would then vote on retaining the current Interim City
Attorney-Firm or beginning the selection process for a new City Attorney-Firm.
Option 2: Direct the Human Resources Director to draft the RFP, limiting the geographic scope
to the five-county region: Duval, St. Johns, Clay, Baker and Nassau, and oversee administration
of the recruitment process, in conjunction with the City Manager. The City Commission will
approve the process, criteria, contract and evaluation process and make the final selection. The
Mayor will execute the contract.
ATTACHMENTS: None
BUDGET: Impact of second option: Cost of advertisements
REVIEWED BY CITY MANAGER: _J't~'-""-U_-..::;_;,_~"'""'--==-:::;....__-.L..f.,_f....L..7+/-'-1-4!/ __ _
'I