9-8-14 Commission Agenda Packet 2CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
September 8, 2014-6:30PM
AGENDA
Call to order
Invocation and pledge to the flag
1. A.
B.
c.
D.
E.
F.
G.
Approve the minutes of the Special Workshop on Police Building of August 11, 2014.
Approve the minutes ofthe Regular Commission Meeting of August 11,2014.
Approve the minutes ofthe Special Called Meeting of July 28, 2014.
Approve the minutes ofthe Commission Workshop of July 28, 2014.
Approve the minutes ofthe Budget Workshop of August 13, 2014.
Approve the minutes of the Town Hall Meeting of July 22, 2014.
Approve the minutes of the Public General Discussion Meeting of July 7, 2014.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE
FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF
DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA
AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION
ON THESE ITEMS.
A. Acknowledge receipt of the Building Department Monthly Activity Report and Monthly
Financial Report for July 2014.
B. Declare the list of property as surplus so that the items on it may be disposed of in the
most beneficial way to the City.
C. Authorize the City Manager to sign the attached contracts with ABET and tennis
professional Brecht Catalan.
D. Extend the Electrical Troubleshooting, Repair and Installation Annual Contract
(Bid No. 0910-16) for one additional year to Limbaugh Electrical Contracting,
Inc. at the contract prices.
E. Acknowledge receipt ofthe Police Depmiment Semi Annual Report 2014.
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
A. Public Hearing and first reading on adopting a Tentative Millage Rate and adopting
Ordinance No. 20-14-128 establishing the Operating Budget for fiscal year 2014/2015.
1
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING
SEPTEMBER 30, 2015.
B. ORDINANCE NO. 5-14-61, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY
COMMISSION, SEC. 2-16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE
FOR TWO (2) REGULAR MEETINGS PER MONTH EXCEPT FOR DECEMBER AND
PROVIDING AN EFFECTIVE DATE.
8. Miscellaneous Business
A. Recruitment of Grant Writing Firm. (City Manager)
B. Renewal of Employee Benefits-Insurance (City Manager)
C. Renewal of Liability and Workers'Compensation Insurance (City Manager)
D. Russell Park Tennis Comt Reconstruction (City Manager)
E. Discussion on proclaiming September 27, 2014 as Green Apple Day of Service.
(Commissioner Mark)
F. Discussion on Proposed Resolution Not Supporting Seismic Blasting Offshore.
(Commissioner Mark)
G. Request for Reconsideration on Ordinance No. 95-14-108. (Commissioner Daugherty)
9. City Manager
A. City Manager's Report.
• 90-Day Calendar (September-November 2014)
10. Reports and/or requests from City Commissioners and City Attorney
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 pmiicipate in this meeting should contact the City Clerk by 5:00
PM, Friday, September 5, 2014.
2
MINUTES OF SPECIAL WORKSHOP OF
AGENDA ITEM# lA
SEPTEMBER 8, 2014
ATLANTIC BEACH CITY COMMISSION HELD ON AUGUST 11, 2014
PRESENT: Mayor Carolyn Woods
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
ALSO: Nelson VanLiere, Interim City Manager
Richard Komando, City Attorney
Donna Bartle, City Clerk
Nancy Bailey, Recording Secretary
Call to order.
Mayor Woods called the meeting to order at 5:02p.m. in the Commission Chamber. She explained the
procedures for the Special workshop.
1. Presentation by Clemmons, Rutherford and Associates (CRA Architects) on Police Building.
Mayor Woods introduced Bill Rutherford and Blakeley Bruce of Clemmons, Rutherford and Associates
and Kyle Davis, civil engineer with DB Civil Works.
Mr. Rutherford explained they have looked at the possibility of where the City has land available that
would fall in the current zoning setbacks, available space, etc. to put the building in and will present that
to the Commission. He stated they will also present a 2nd story possibility but he stated he would not do
that because it is not large enough or financially economical to support an elevator for 3,000 s.f. of floor.
Mr. Bruce gave a slide presentation on the flood zone elevations, stating the existing building currently
is not in a flood zone and they do not see flooding as an issue in terms of trying to elevate the building;
the setbacks, stating they do not want to get any closer to the creek than they already are; the 1-story
elevation, giving an additional 7,000+ s.f.; and the 2-story elevation, which will give an additional 5,000
on 1st floor and 3,000+ on second floor. Mr. Bruce, Mr. Rutherford and Chief Classey answered
questions from the Commission. Discussion ensued. Mr. Bruce also showed slides of future expansion
and cost models for one and two-story schemes.
Mr. Rutherford stated the ad they responded to spoke to design build so he stated they are giving a
scenario on design build. He showed slides on design build as well as construction management
delivery methods, explaining in detail why he would recommend they go with the construction
management delivery method rather than design build. He answered questions from the Commission.
Mayor Woods asked the City Attorney if the original RFP specifically excludes this firm from being
able to continue on with the project. Mr. Komando stated he was under the impression that it did but he
hasn't gone back to review the original RFP. Discussion ensued. Chief Classey further explained the
downside to design build.
AGENDA ITEM# lA
SEPTEMBER 8, 2014
Mr. Rutherford stated their next step in their scope of work would be to write an ad for design build but
he would prefer, with counsel's approval, that they write an ad for construction management instead.
Discussion ensued.
Mayor Woods stated the Commission needs to decide whether they want to put out the RFP for a new
architectural firm or stay with this one and have them do the Construction Management RFP, if the
contract allows for that. Discussion ensued. Commissioner Mark stated she would like to continue with
CRA and follow the Construction Management method. Commissioner Beckenbach stated he has a
little problem with the fact that they said they weren't going to go with the same firm in order to move
forward and he is not sure exactly what the reasons were, except that they were looking at going into a
design build so it would be faster. He stated, in listening to Mr. Rutherford, he is saying that it is not the
case and asked that Mr. Rutherford further explain about that. Mr. Rutherford stated he was trying not
to persuade them one way or the other and elaborated on his explanation stating by construction
standards this project is not large enough for them to have three firms work on it -his firm, the design
criteria professional, and someone to finish the documents. He stated that is what they would have in a
design criteria approach. He stated if the Commission determines that they could let CRA continue,
they would take the project to a ribbon cutting. Mr. Rutherford explained the building would be a
typically built small office addition and their goal would be to keep the character of the building they
have so it looks like it has been here all along and not added on. He stated they will not do the
construction, but will do the architectural work and prepare the construction documents. He stated the
Commission will authorize them to advertise for them, or they can do it themselves, to hire a
construction management firm, which is a general contractor. He explained in detail how that process
would work. Discussion ensued.
Mayor Woods stated she is hearing that it is the consensus (4-0) to continue with construction
management delivery method with CRA, if possible, and if not they will proceed with a new RFP and
move forward. Commissioner Beckenbach stated he would have legal at least take a look at our RFP
and then come back to them, if that is acceptable. Mayor Woods stated what they said was, after the
review, Mr. Komando will let staff know and they will either proceed with CRA or, if not legally
possible, they will proceed with an RFP for a new group. The Commissioners agree to that. Mr.
Rutherford detailed what the fees were for. Kyle Davis answered a question regarding environmental
permitting, stating as long as there is no destruction of the swale, they would probably not need that
permitting.
Mr. Rutherford, Mr. Bruce and ChiefClassey answered additional questions from the Commission.
Mayor Woods asked if they have consensus to move forward with the construction management
delivery method with this group unless there is some kind of a legal prohibition. Mr. VanLiere asked
what the timeline is if they do want to move forward with expanding their scope, do they come back
with another proposal. Mr. Rutherford stated they would send them a contract. Discussion ensued.
City Clerk Bartle asked that Mayor Woods restate the consensus. Mayor Woods stated the consensus
is, if our original RFP allows and there are no legal issues, they will move ahead with the
construction management delivery method with CRA and have staff move forward with that
method; otherwise, they will have an RFP for a new architectural firm.
-2-
2. Courtesy of the Floor
AGENDA ITEM# lA
SEPTEMBER 8, 2014
Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained
the process for public comments.
Lou Keith, 1845 Tierra Verde Drive, asked that they keep it at $2.6 million.
Chris Jorgensen, 92 W. 3rd Street, stated he was concerned about safety in construction.
Adjournment
There being no further discussion by the City Commission, Mayor Woods declared the meeting
adjourned at 5:58p.m.
ATTEST
Donna L. Bartle, CMC
City Clerk
-3-
Carolyn Woods
Mayor
MINUTES
*REGULAR CITY COMMISSION MEETING
August 11, 2014
IN ATTENDANCE:
Mayor Carolyn Woods
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Maria Mark
ABSENT:
Commissioner Jimmy Hill
Call to Order/Pledge:
CITY HALL, 800 SEMINOLE ROAD
City Manager Nelson Van Liere
City Attorney Richard Komando
City Clerk Donna L. Bartle
Recording Secretary Nancy E. Bailey
AGENDA ITEM# 1B
SEPTEMBER 8, 2014
Mayor Woods called the meeting to order at 6:30p.m. Mayor Woods gave the Invocation, followed by the
Pledge of Allegiance to the Flag. She recognized former Jacksonville Mayor and current President of
University of North Florida John Delaney who was in the audience.
1. A.
B.
C.
D.
Approve the minutes of the Regular Commission Meeting of July 14, 2014.
Approve the minutes of the Workshop of June 23, 2014.
Approve the minutes of the Special Workshop on Police Building of June 23, 2014.
Approve the minutes of the Public Meetings of June 27, 2014.
Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor
Woods stated the minutes will stand as submitted.
Item 7 A was taken out of sequence and acted on at this time.
7A. ORDINANCE NO. 15-14-14, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPLEMENTING ORDINANCE
NO. 15-95-7 ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS AMENDED AND
SUPPLEMENTED (THE "ORIGINAL ORDINANCE"); AUTHORIZING THE ISSUANCE OF THE CITY
OF ATLANTIC BEACH, FLORIDA, UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES
2014, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $14,000,000 TO REFUND THE
CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2004,
UTILITIES SYSTEM REVENUE BONDS, SERIES 2010A-1 AND UTILITIES SYSTEM REVENUE
REFUNDING BONDS, SERIES 2010B; APPROVING A FORM OF LOAN AGREEMENT AND
AUTHORIZING EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND OTHER ACTION
IN CONNECTION WITH THE DELIVERY OF SUCH BOND; PROVIDING FOR SALE OF THE BOND
BY RESOLUTION FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS FROM
COMMERCIAL BANKS AND NEGOTIATIONS WITH THE SUCCESSFUL BIDDER; PLEDGING THE
CITY'S PLEDGED REVENUES DESCRIBED IN THE ORIGINAL ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Woods read Ordinance No. 15-14-14 by title. She opened the floor to the Public Hearing. No one in
the audience spoke so she closed the Public Hearing.
Motion: Approve Ordinance No. 15-14-14 as read.
Moved by Mark, Seconded by Daugherty
August 11, 2014 REGULAR COMMISSION MEETING
Votes:
Aye: 4 -Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Item 6A was taken out of sequence and acted on at this time.
6A. Resolution No. 14-07
AGENDA ITEM# 1B
SEPTEMBER 8, 2014
Page2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA;
SUPPLEMENTING ORDINANCE NO. 15-14-14; AUTHORIZING THE ISSUANCE OF A $13,960,0000
UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 20 14; AUTHORIZING AWARD OF THE BONDS
TO TD BANK, N.A. FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS; AUTHORIZING THE
EXECUTION AND DELIVERY OF THE BOND, THE LOAN AGREEMENT AND THE ESCROW DEPOSIT
AGREEMENT; AUTHORIZING CERTAIN CITY OFFICIALS TO TAKE ALL NECESSARY ACTION IN
CONNECTION WITH THE ISSUANCE OF THE BOND AND THE EXECUTION AND DELIVERY OF THE
LOAN AGREEMENT AND THE ESCROW DEPOSIT AGREEMENT AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods read Resolution No. 14-07 by title.
Motion: Approve Resolution No. 14-07 as read.
Moved by Mark, Seconded by Daugherty
Mayor Woods stated the City Manager and staff have done a wonderful job on this refinancing and over the
course of 10 years it will save the City approximately $1.6 million.
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
2. Courtesy of Floor to Visitors
Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the
process for public comments. She stated she will limit comments to 2 minutes tonight.
Katie Armstrong, 1116 Linkside Ct. W., spoke in support of the Human Rights Ordinance (HRO).
Chris Jorgensen, 92 W. 3rd Street, spoke in opposition to the HRO.
Jill Stanton, 1978 Brista De Mar Circle, spoke in support of the HRO.
Nancy Whittington, 1861 Beachside Ct., spoke in opposition to the HRO.
Tracey Westbrook, 1560 Selva Marina Dr., spoke in support of the HRO.
John Stinson, 150 12th Street, stated he believes it would be a good thing to let the citizens vote and believes
the City needs a parking permit program. He also asked if the pervious/impervious restrictions for
construction in Atlantic Beach have been rescinded because he is seeing homes going up where lots are
August 11, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# 1B
SEPTEMBER 8, 2014
Page3
covered almost from fence to fence. He stated he believes if we ever get a really big storm, the City will
suffer because of the amount of runoff in the streets and where people can't travel.
James Pope, 441 Aquatic Drive, spoke in support of the HRO.
Lynn Perry, 1325 Munson Cove Drive, spoke in support of the HRO.
Rosalind Hoffman, 266 Magnolia St., spoke in support of the HRO.
Amber Barnes, 740 Sailfish Dr., spoke in support of the HRO.
Michelle Carter, 315 Sailfish Dr. E., spoke in support of the HRO.
Suzanne Reis, 2268 Mayport Rd., spoke in opposition to the HRO.
Judith Johnston, 2207 Alicia Lane, spoke in opposition to the HRO and asked why it was denied to voters.
She requested that they make public the specific indisputable proof of discrimination cases that they
researched and were assured of to be considering such legislation.
Kris Matson, 540 Hopkins Street, Neptune Beach, spoke in support of the HRO.
Marshall Wood, 1262 Rushing Dr., Orange Park, spoke in opposition to the HRO.
Theresa Weatherford, 371 9th St., did not speak but stated she supports the HRO.
Jim Stehr, 1752 Sea Oats Dr., spoke in opposition to the HRO.
David Johnston, 2207 Alicia Lane, spoke in support of non-discrimination but not the HRO as it reads now
as related to places of public accommodation.
Carlos Jones, 551 Vikings Lane, spoke in opposition to the HRO.
Gary Grider, 2057 Vela Norte Circle, spoke in opposition to the HRO and asked that they give the public a
chance to vote on this.
Don Peters, 1902 N. Sherry Dr., spoke in opposition to the HRO.
Judy Sheklin, 1985 Brista De Mar Circle, spoke in support of the HRO.
Richard Salkin, 336 Sunrise Circle, spoke in support of the HRO.
Sabrina Wheeler, 2392 Covington Circle E., spoke in opposition to the HRO.
Michelle Knight, 1494 Linkside Dr., spoke in support of the HRO.
Robert Schlenoff, 1094 Stocks St., spoke in opposition to the HRO.
John Delaney, 110 Bowles St., Neptune Beach, spoke in support of the HRO.
August 11, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# lB
SEPTEMBER 8, 2014
Page4
Carole McManus, 1205 Salt Creek Isle Dr., Ponte Vedra, spoke in support of the citizens making the
decision.
Rick Poppell, 357 Sherry Drive, spoke in support of the HRO.
Deborah Fisher, 544 Cruiser Lane, spoke in support of this going to the voters and in opposition to the
HRO.
Tricia Russell, 8720 County Rd. 13 N., St. Augustine, spoke in support of the HRO.
Brenda Shields, 315 18th St. N., Jacksonville Beach, spoke in support of the HRO.
Michael Sheklin, 1985 Brista de Mar Circle, spoke in support of the HRO.
Susan Wallace, 1912 Hickory Lane, spoke in support of the HRO.
Don Sasser, 2237 Oceanwalk Drive W., spoke in opposition to the HRO and asked that they let the citizens
decide.
Dan Merkan, 3159 College St., Jacksonville, spoke in support of the HRO.
Donna Sasser, 2237 Oceanwalk Drive W., spoke in opposition to the HRO and wants the citizens to be able
to vote.
Janie Jones, 1075 Eagle Bend Court, Jacksonville, spoke in support of the HRO.
Helen Urban, 543 Pelican Key, spoke in support of the HRO.
Julie Malmstrom, 2042 2"d St. S., Jacksonville Beach, spoke in support of the HRO.
Rafael Usher, 13245 Atlantic Blvd. #4-233, spoke in support of giving the people the chance to vote stating
he was in opposition to the HRO.
Aryana Vonteese, 1780 Leon Rd. #2212, Jacksonville, spoke in support ofthe HRO.
Matthew Fain, 1780 Leon Rd. #2212, Jacksonville, spoke in support ofthe HRO.
Roseanne Larizza, 721 Neptune Lane, Neptune Beach, spoke in support of the HRO.
John Ster, 1701 Selva Marina Dr., spoke in support of the HRO.
Ruth McGuffm, 1965 Brista De Mar Circle, spoke in support of the HRO.
Helen Bradley, 94 Ocean Side Drive, spoke in support of the HRO.
Blake Harper, 3909 Sunbeam Rd., Jacksonville, spoke in opposition to the HRO.
August 11, 2014 REGULAR COMMISSION MEETING
Ben Steffens, 1115 Main St., spoke in opposition to the HRO.
William Lyon, 1125 Main St., spoke in opposition to the HRO.
AGENDA ITEM # 1B
SEPTEMBER 8, 2014
PageS
Heather Downs, 375 3rd St., spoke in support of the HRO and does not want this to go to a vote.
Gretchen Detres-Murray, 346 Magnolia St., spoke in support of the HRO.
Mary-Blue Ster, 1701 Selva Marina Dr., spoke in support ofthe HRO.
Bobby Nord, 5201 Atlantic Blvd. #254, Jacksonville, spoke in support of the HRO.
Danielle Krusemark, 761 Peppervine Ave., Jacksonville, spoke in support of the HRO.
Dag Heede, 171 Club Drive, spoke in support of the HRO.
Barbara Jean Whitehead, 234 Poinsettia St., spoke in support of the HRO.
James Eddy, 222 Lawton Ave., Jacksonville, spoke in support of the HRO.
Chevara Oren, 2069 N. Market St., Jacksonville, spoke in support of the HRO.
Donna Christensen, 2039 Paradise Oaks Ct., spoke in support of the HRO.
Susanne Barker, 1938 Beachside Ct. in support of the HRO but did not speak.
Mark Hill, 1726 Selva Marina Dr., spoke in support of the HRO.
Lucy Lynch, 710 2nd St., Neptune Beach, spoke in support of the HRO.
Laura Riggs, 301 E. Bay St. #405, Jacksonville, spoke in support of the HRO.
Thomas Serwatka, 1431 Riverplace Blvd., Jacksonville, spoke in support of the HRO.
Brenda Samara, 2233 Seminole Rd. #19, spoke in support of the HRO.
John Hancock, 336 Sunrise Circle, spoke in support of the HRO and the dog park.
Tom Steele, 923 Mystic Harbor Dr., Jacksonville, spoke in support of the HRO.
Deborah Carter, 803 Wood Hill Dr., Jacksonville, spoke in support ofthe HRO.
Travis Christensen, 2871 Affirmed Court, Green Cove Springs, spoke in support of the HRO and against
a referendum.
Ana Shepard, 41 Coral St., spoke in support of the HRO.
Jimmy Midyette, 5683-2 Solomon Rd., Jacksonville, spoke in support of the HRO.
August 11, 2014 REGULAR COMMISSION MEETING
Lyn Lazarus, 540 Hopkins St., Neptune Beach, spoke in support of the HRO.
AGENDA ITEM# 1B
SEPTEMBER 8, 2014
Page6
Joseph Quest, 1501 Atlantic Blvd, Neptune Beach., addressed improving the look of the Mayport Rd
corridor.
Lynne Carroll, 316 9th St., spoke in support of the HRO.
Carrington Mead, 3948 Anvers Blvd. Jacksonville, spoke in support of the HRO.
Michael Farmer, 134 E. Colonial Dr., Orlando, spoke in support of the HRO.
Gena Delaney, 110 Bowles Street, Neptune Beach, spoke in support of the HRO.
Marye Delaney, 215 Myra Street, Neptune Beach, spoke in support of the HRO.
Sharon Simmons, 2755 Riverside Ave., Jacksonville, spoke in support of the HRO.
Katie Delaney, 1610 Landon Ave., Jacksonville, did not speak, but was in support of the HRO.
Phil Wemhoff, Jacksonville, spoke in opposition to the HRO.
Ali Hall, 1401 Neptune Grove Dr. W., Neptune Beach, did not speak but was in support of the HRO.
Terry Lamb, (14603 Beach Blvd.) sailing vessel Sandollar, Intracoastal Waterway, spoke in suppmt of
theHRO.
PK Drake, 4524 Attleboro St., Jacksonville, spoke in support of the HRO.
Debbie Price, 316 9th St., spoke in support of the HRO.
Linda Huffman, 50116th AvenueS., Jacksonville Beach, spoke in support ofthe HRO.
Jane Kosut, 1969 Sevilla Blvd. W., spoke in support of the HRO.
Mary Anne Aycock, 1632 Park Terrace W., spoke in support of the HRO.
Marina Hadgini, 721 Neptune Lane, Neptune Beach, spoke in support of the HRO stating we don't need a
referendum.
Lori Armstrong, P.O. Box 3381, Neptune Beach, spoke in support of the HRO.
Bill Delaney, 1610 Landon Ave., Jacksonville, did not speak but was in support.
Sharon Qualls, 10 Tenth St., #50, spoke in support of the HRO.
Nigel Bennie, 147 Pine Street, spoke in support of the HRO.
August 11, 2014 REGULAR COMMISSION MEETING
Tasha Hall, 1948 Brista De Mar Circle, spoke in support of the HRO.
Brian Hughes, 171 Club Drive, spoke in support ofthe HRO.
Shirlee Richardson-Miller, 1529 2nd Avenue N., spoke in support of the HRO.
Woody Winfree, 335 3rd Street, spoke in support of the HRO.
Debran Harmon, 611 Selva Lakes Circle, spoke in support of the HRO.
Avery Garner, Jacksonville, spoke in support of the HRO.
AGENDA ITEM # IB
SEPTEMBER 8, 2014
Page7
Michael Hohman, 11334 Carlsborg Ct., Jacksonville, stated he was concerned about the enforcement of
the HRO and was in opposition to the HRO.
Dawn O'Connor, 611 Selva Lakes Circle, spoke in support of the HRO.
Peyton Hopkins, 957 15th Ave. S., Jacksonville Beach, spoke in support of the HRO
Steve Piscitelli, 375 Magnolia St., spoke in support of the HRO.
Jessica Osborne, 3208 Herschel St., Jacksonville, spoke in support of the HRO.
Item 7D was taken out of sequence and acted on at this time.
7D. ORDINANCE NO. 95-14-108, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 9, OF
THE CODE OF ORDINANCES, TO PROHIBIT DISCRIMINATION; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods read Ordinance No. 95-14-108 by title. She stated Commissioner Hill is not here this evening
and sent in a note requesting they postpone the vote on this and asked if any of the Commissioners would like
to make a motion to do that.
Motion: Defer
Moved by Beckenbach, Seconded by Daugherty
Commissioner Mark stated she absolutely cannot support that motion. She stated she understands
Commissioner Hill's personal issues for not being here; however, she stated this ordinance has been
discussed for months now. She stated every one of the Commissioners has had more than ample
opportunities to bring forward what they wanted to bring in this ordinance. She stated there is no dispute that
Commissioner Hill is not a supporter of this ordinance. She stated to defer this vote simply because
Commission Hill is not here, knowing that he is not a supporter of this ordinance, would just give it undue
delay and she does not support deferring this ordinance. She stated if they pass the ordinance, they can
always amend the ordinance if they find it needs to be tweaked. She stated if they do not vote on this
ordinance tonight, then they will have done a greater injustice then not voting for it at all.
August 11, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# lB
SEPTEMBER 8, 2014
PageS
Commissioner Daugherty stated he seconded this so they could discuss this. He stated he does believe it
needs to be amended in such a way that it would take it to a first reading again and that would add another
month to this, so he wanted to discuss whether the Commission would be in favor of the amendment before
they vote on this. Mayor Woods stated they need to address the motion that is on the floor.
Commissioner Beckenbach stated at the last meeting Commissioner Hill said he had a certain concern that he
wanted to discuss with legal. He stated he couldn't come back to the Commission because it has to be out in
the open. He stated he is for the HRO but believes there should be an opportunity for another Commissioner
to bring forward something that he feels would be beneficial for the HRO itself. He understands what
Commissioner Mark stated that Commissioner Hill has had a long period of time in which to come up with
something and he hasn't. He stated, at this point, he was supposed to have and he doesn't know if he has. He
asked City Attorney Komando if Commissioner Hill had spoken to him about the HRO. Mr. Komando stated
they talked more about his inability to be here and whether or not it should be deferred. He stated he brought
up one other topic but he believes it is something he wants to bring up. Commissioner Beckenbach asked if
Commissioner Hill has spoken to Mr. Komando about changing the HRO. Mr. Komando stated
Commissioner Hill expressed concerns about another jurisdiction that is having a similar legal fight. Mayor
Woods asked when was this discussion, with Commissioner Hill, about him having a specific point he wanted
to discuss. Commissioner Beckenbach stated it was at the last meeting. Mayor Woods asked if
Commissioner Hill brought up what that issue was and if he has spoken to Mr. Komando about what this
issue is. Mr. Komando stated he doesn't know if it is the same issue; he brought up an issue about a legal
challenge he had found doing some research. Mayor Woods stated that is not specific language about the
ordinance and ask if he has spoken to him about anything specifically in the ordinance. Mr. Komando stated
no. Mayor Woods stated he said at the meeting that he had a specific issue but he didn't tell anybody at the
meeting what it was and said he would get with counsel and he didn't speak about anything specific with
counsel. Commissioner Beckenbach stated in this particular case if they are going to vote for the ordinance
he wants to make sure they give each of the Commissioners the opportunity to vote and the final opportunity
to make their fmal statement.
Commissioner Daugherty stated he would encourage the Commission to extend this courtesy. He stated he
has some serious concerns about the language based on some comments that were made tonight.
Mayor Woods stated Commissioner Hill has opposed this the entire time; they have asked him repeatedly for
any specific language that he could offer and he has come up with none. She stated Commissioner Daugherty
has opposed this repeatedly and they have asked him for specific language and he came up with quite a bit, he
joined in the conversation and helped. She stated she believes if it was Commissioner Daugherty asking for
this she would be a lot more prone to it but Commissioner Hill has shown commitment only to avoidance.
She stated the fact that he brought it up at the meeting but was not specific about anything still and has had
two weeks since then to speak to counsel about it and counsel says there was no specific language. She stated
Commissioner Hill says he has something that he knows about and wants to share but he hasn't shared. She
stated she has to question, as does Commissioner Mark the motivation. She stated at this point she believes it
is more prudent for the City to move ahead. She believes our counsel has done a wonderful job of
researching; there have been numerous discussions about lawsuits going on or not going on in other places.
She stated she has every respect for Commissioner Hill and his convictions but she believes at some point
politics doesn't trump anymore and it is time to serve the community. She stated that is where she stands and
would like to call the vote on the motion to defer. She stated if there is language someone wants to bring up
for them to consider, they always can and always will.
Mayor Woods called the vote.
August 11,2014 REGULAR COMMISSION MEETING
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Mayor Woods asked the City Clerk to do a roll call vote on the deferral.
Roll Call Votes:
Aye: 2 -Becken bach, Daugherty
Nay: 2 -Mark, Woods
MOTION FAILED
AGENDA ITEM # 1B
SEPTEMBER 8, 2014
Page9
Mayor Woods said to Commissioner Hill, if he is watching, please bring them specific language and they will
be happy to consider it in the future. She asked Commissioner Daugherty if he has certain concerns to please
bring them forward.
Motion: Approve Ordinance No. 95-14-108 as read
Moved by Mark, Seconded by Beckenbach
Commissioner Daugherty asked the Commission how they feel about this going to referendum, stating he is
in support of it. Mayor Woods stated she does not believe the community needs to be tom apart like that.
Commissioner Daugherty stated then it would be a 2-2 vote so he will not make that motion. He referred to
page 3 "Places of public accommodation" stating, after hearing the public comments, he would like to strike
the last five lines starting at facilities and accommodations. He stated he believes if they pass this as written
they are opening the churches to possible litigation.
Motion: Strike last five lines of the third paragraph on page 3.
Moved by Daugherty, Seconded by Beckenbach
Commissioner Mark asked legal counsel to comment on that. Mr. Komando explained what Commissioner
Daugherty is referring to under the definition of public accommodation or places of public accommodation.
He stated if a religious organization does rent or lease or allow others to use their space, you look at the last
five words of that definition which says, "but not to the public". He stated by allowing the public to use it, it
would no longer be a place, and you have to go to the beginning of that definition where it states, the
following shall not be considered places of public accommodation and it refers to private clubs,
establishments, etc. He stated if a religious organization, association, society or non-profit allowed their
facility or establishment to be used by the public then that place would no longer be considered a public
accommodation. He stated even though that place would be considered a place of public accommodation, the
religious organization would still be protected under the exemption portion on page 7. Mayor Woods stated
so when they were having religious members use the facilities or are having religious church events they
would be exempt from the ordinance, but if they are operating a business by renting out the space it would be
like any other business. She asked if they would still need to have 15 employees or more. Mr. Komando
stated he would have to do more checking on that. He stated he mentioned to Commissioner Daugherty
during public comment that he has heard there are some cases that deal with when a facility or establishment
could be considered public versus a private or religious place, but he didn't anticipate that question coming up
tonight so he hasn't done that research.
August 11, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# IB
SEPTEMBER 8, 2014
Page 10
Commissioner Beckenbach stated an example would be the church that is in the Atlantic Theatre. He stated if
they offered it to individuals such as himself when he ran for office to have a debate there and they would
take money for that. He asked if that would then be considered a public accommodation. Mr. Komando
stated that was correct. Commissioner Beckenbach stated then if the LGB T community wanted to do the
same thing and they said no, that would not be acceptable because it is a public accommodation and they
would not be able to say the LGBT community could not rent their property. Mr. Komando stated the
organization couldn't claim that it is not a place of public accommodation because they had allowed it to be
used as a place of public accommodation. Discussion ensued. Commissioner Becken bach stated, to him, this
is just stating that any organization, religious or not, that decides they are going to rent out part oftheir assets
or place they want to make a certain amount of money on, that they can rent it out to anyone in the public but
they can't discriminate against who in the public they rent it out to, unless they say they aren't going to rent it
out to anyone in the public and then they can be discriminatory at any time. Mr. Komando stated that is
traditionally what country clubs do; they don't allow their facility to be open to the public. He stated that is
why private clubs generally will have a member rent the facility and then anyone who comes is a guest of that
member; they aren't renting to the public. Commissioner Beckenbach asked Commissioner Daugherty where
is he seeing a problem with that as far as a religious organization is concerned since they still have the
opportunity to discriminate but once they start renting it out to the public then they can't start being
discriminatory and say I'll choose you, but I won't choose you. Commissioner Daugherty stated there aren't
many places in Atlantic Beach where you can have 100 people show up for something and Commissioner
Beckenbach's example of the debate for the election is a great example. He stated the thing about the
possibility of something coming up that may be gay-oriented is that it directly goes against their core beliefs
and values that they may profess, although he can't speak for the Vineyard Church. Mayor Woods stated he
just said he didn't know what they were so you can't tum around and say it does. Commissioner Daugherty
stated a lot of churches profess this. Mayor Woods stated a lot of churches don't. Commissioner Daugherty
stated they have been very careful when crafting this ordinance to protect churches. Mayor Woods stated the
difference here is that they are operating as a business at that point and collecting money. Further discussion
ensued. Commissioner Beckenbach stated in this particular case as far as discrimination is concerned they
would be discriminating only if they selected in the public from one group saying we will okay you to have it
but the other group will not be allowed to because you are not the correct race, not the correct gender, etc. He
asked if that was correct. Mr. Komando stated you are crossing over into what is prohibited conduct from the
definition of what a place of public accommodation is. He stated a religious organization that rents out a
facility to the public cannot claim that that place is not a place of public accommodation. Mayor Woods
stated this is just defining what public accommodation is and if you have accommodations that you rent to the
public, it becomes a public accommodation by definition. Commissioner Beckenbach asked Commissioner
Daugherty if he is saying if it goes to the public he doesn't want it to be a public accommodation.
Commissioner Daugherty stated he doesn't want a situation where a church does something like that and then
finds themselves in a situation with a lawsuit. Commissioner Beckenbach stated if you are going to rent to
the public, basically, you are saying that this definition says that if it is rented to the public then it is a public
accommodation. Mr. Komando stated this is just a definition of a place of public accommodation.
Commissioner Daugherty stated he believes he better understands it now.
Commissioner Daugherty withdrew his motion; Commissioner Beckenbach withdrew his second.
Mayor Woods opened the Public Hearing, asking if there was anything additional the public would like to
speak to.
David Johnston, 2207 Alicia Lane, stated this wording prohibits the care of people by the church, using its
own facility, simply because they are members of the public and the church is not becoming a self serving
August 11,2014 REGULAR COMMISSION MEETING
AGENDA ITEM # 1B
SEPTEMBER 8, 2014
Page 11
organization so it can only use its facilities and assets for itself. He stated the church needs to care for the
public without discrimination, but the wording here prohibits the church, changes the category, based on the
fact that the church is using its own facilities for the care of the public. He stated that is a greater issue than
the rent thing; it is not so cut and dry. He stated now this ordinance by its wording prohibits the church from
using its own facilities to care for the public.
Jimmy Midyette, 5683 Solomon Rd., stated he doesn't believe what they were talking about in this last
discussion has to do with the church's ministerial function and its mission on earth. He stated it talks about
whenever the church holds itself out as a public accommodation; when it takes in rent for the facility. He
stated churches then get taxed on those commercial things that happen. He stated the issue here isn't the
church being open to members and nonmembers, and ministering to its community, the issue is whenever the
church has a facility and rents that facility out to the public, then their obligations under this ordinance may
be impacted, but not for its general ministerial function.
John Stinson, 150 12th St., asked about violation of sunshine law with Commissioner Daugherty speaking to
the City Attorney during the public comments portion. Mayor Woods stated that is not a violation because
the City Attorney does not vote so they are always able to speak with their counsel.
No one else from the audience spoke, so the Mayor closed the Public Hearing.
Mayor Woods asked the City Clerk to call the roll for the vote.
Roll Call Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Before he voted, Commissioner Daugherty stated that he is against this but, so he could bring it up for
reconsideration at the next meeting so Commissioner Hill could have his say, he would vote aye. Mayor
Woods stated she is real sad to hear politics come into this. She thanked everyone for their hard work and
thanked the City Attorney for all of his time and efforts in this. She stated she hopes when Commissioner
Daugherty and Commissioner Hill bring this up that they have clear concise language that they would like to
discuss so that they don't expend anymore than necessary of City resources. Commissioner Daugherty stated
it will take a vote of three people to bring it up for consideration, so one of you guys will have to want to hear
what Commissioner Hill has to say.
Mayor Woods adjourned the meeting for a short break. The meeting was reconvened at 9:48 p.m.
Item 8B was taken out of sequence and acted on at this time.
8B. Public Hearing on Request for use-by-exception (UBEX-14-00100019) to allow limited wholesale
operations in the Commercial General (CG) Zoning District located at 1175 Atlantic Boulevard.
Motion: Approve the Use-By-Exception 14-00100019 as read.
Moved by Daugherty, Seconded by Beckenbach
August 11,2014 REGULAR COMMISSION MEETING
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Item 8A was taken out of sequence and acted on at this time.
AGENDA ITEM # 1B
SEPTEMBER 8, 2014
Page 12
A. Public Hearing on Request for use-by-exception (UBEX -14-001000 18) to allow the permanent
storage of automobiles in the Light Industrial and Warehousing (LIW) Zoning District located at 512 Stewart
Street.
Mayor Woods opened the Public Hearing.
Charles Mann, 165 Arlington Rd., stated this is very close to some property he owns on Stewart St. and
Mary St. and he is opposed to this unless they can properly condition it to lessen the impact on his piece of
property. He stated he has spoken to the applicant and they have come up with some areas he believes they
can have a meeting of the minds on. He referred to the exception this falls under, stating this is actually a bus
terminal; storage of cars is where they are there on a prolonged basis. He stated this is the coming and going
of 38-40 school buses on a daily basis and that constitutes a bus terminal. He stated he does not believe it is
properly before the Commission. After· speaking with the zoning administrator, who has been very helpful to
him in getting ready for this, he said he determined this was the closest zoning category that the bus terminal
would fit in and, therefore, it would be allowed by exception. He stated, as a property owner, he would rather
see a decision like that made by an elected body, not by an administrator. He stated if they want to change
the code it should be done, in his opinion, by the Commission, not by a zoning administrator. He stated he is
also concerned about the effect this is going to have on the growth and redevelopment of this area. He
believes there are several compromises that could be put on this piece of property, i.e., allowing all the cars to
come out to Main St., go south on Main St. to Levy and using Levy as access to Mayport Rd. to keep them
out of this residential area; the piece of property that fronts on Stewart St. be designated solely for the parking
of the bus drivers cars; some visual screening along Stewart St. with shrubbery; and some concern for the
protection of the aquifer.
Attillio Cerquera, 36 W. 6th St., stated he understands what Mr. Mann is saying about his property that is
adjacent to his commercial property and definitely wants to create a lower impact on the residential
properties. He stated this industrial property has been zoned like this since the 1960s. He stated these
residents have moved in on this industrial property. He stated it has been zoned industrial and is supposed to
be used as industrial property. He stated he is not certain how you can come and go without making any
impact on the public environment of this industrial property without going down these streets. He stated he
has no problem with Mr. Mann's recommendation of coming out on Main and going to Levy, making a new
ingress and egress and then putting the cars on that adjacent lot. He stated to speak with the problem with the
oils and gas, he has to go through St. Johns Water Management District to create a system that would hold
and retain every bit of his water on his property so there wouldn't be any issues with that. He stated he would
be able to fence it off or put some screening on Stewart Street so it is not seen from Stewart St. and then
create the ingress and egress off of Main St.
Nancy Parrish, 1611 Main St., stated her parents owned this property in the 1950s and eventually sold it and
she has the last piece of that property which is light industrial, so she is concerned about what she will end up
doing with it if he does put buses out there. She stated she would like to know if it is going to up the value of
the property.
August 11, 2014 REGULAR COMMISSION MEETING
No one else from the audience spoke so Mayor Woods closed the Public Hearing.
AGENDA ITEM# 1B
SEPTEMBER 8, 2014
Page 13
Building and Zoning Director Jeremy Hubsch answered questions from the Commission. Discussion ensued.
Mr. Cerquera further explained the product that is proposed to be used for the parking area. He answered
questions from the Commission.
Commissioner Daugherty revealed he has been advised by counsel that he has a possible conflict of interest
and will not vote or discuss this item and will prepare a memorandum to be delivered to the Commission
(which is attached and made part of this Official Record as Attachment A).
Mr. Hubsch addressed Mr. Mann's earlier point about whether this should be a use-by-exception, stating it is
one of those things in the code where there is not a listing for every specific use that is out there so they found
the one that was most similar to it. He stated if the Commission disagrees with that judgment they could deny
it based on those grounds. Mayor Woods asked if we have codes that allow parking lots. Mr. Hubsch stated
there is a code that allows off street parking lots, which would also require a use-by-exception.
Discussion ensued related to the schedule and routes of the buses.
Motion: Approve UBEX 14-0010018 to allow storage of buses in the light industrial and warehousing
zoning district located at 512 Stewart Street with the following conditions: approval of SJRWMD
permit or a letter from the SJRWMD stating no approval is necessary; visual screening installed on
site, so buses are not in view from Main St. and Stewart St., opaque gates shall be installed at both
access points; limit of 40 buses on site; route buses to Main St. to Levy; and work with City to develop
landscape buffer on the west side of Main St. to protect the environment of those houses.
Moved by Woods, Seconded by Mark
Mr. Mann stated that certainly pleases him. He stated he believes in rights of a man to use his property and
this is a fair compromise if it is done this way and he can certainly live with that.
Commissioner Beckenbach stated he would like to come back and talk about that light industrial area
sometime in the future because he is seeing the residential areas that are developing over there and knows that
right now we have a light residential but at a later time he would like to see if they can move it more toward
the residential on both sides of that street.
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report.
None.
4. Consent Agenda
August 11,2014 REGULAR COMMISSION MEETING
AGENDA ITEM# lB
SEPTEMBER 8, 2014
Page 14
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 and Monthly Financial
Report for June 2014.
B. Award the contract for annual Janitorial Services for City Facilities (Bid No. 1213-06) to Supreme
Janitorial Service for one (1) additional year to expire on September 30, 2015.
C. Declare this list of property as surplus so that the items on it may be disposed of in the most beneficial
way to the City.
D. Authorize the Mayor to sign the related paperwork for the applications and the subsequent paperwork
related to the JAG grant. In addition, authorize Michael D. Classey to submit the applications on line
and have the authorization to electronically sign the on-line applications on behalf of the Mayor and
the City.
Mayor Woods read the Consent Agenda.
Motion: Approve Consent Agenda Items A -D as read.
Moved by Mark, Seconded by Beckenbach
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
A. Resolution No. 14-07
This item was taken out of sequence and acted on earlier in the meeting.
7. Action on Ordinances
A. ORDINANCE N0.15-14-14, Public Hearing and Final Reading
This item was taken out of sequence and acted on earlier in the meeting.
B. ORDINANCE NO. 58-14-38, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES'
RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH;
AMENDING SECTION 2-268, DISABILITY; AMENDING SECTION 2-274, MAXIMUM PENSION;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS;
August 11,2014 REGULAR COMMISSION MEETING
AGENDA ITEM# lB
SEPTEMBER 8, 2014
Page 15
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
Mayor Woods read Ordinance No. 58-14-38 by title.
Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing.
Motion: Approve Ordinance No. 58-14-38 as read.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
C. ORDINANCE NO. 58-14-39, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS'
RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH;
AMENDING SECTION 2-307, DISABILITY; AMENDING SECTION 2-310.4, MAXIMUM PENSION;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
Mayor Woods read Ordinance No. 58-14-39 by title.
Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing.
Votes:
Aye: 4-Becken bach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
D. ORDINANCE NO. 95-14-108, Public Hearing and Final Reading
This item was taken out of sequence and acted on earlier in the meeting.
E. ORDINANCE NO. 5-14-61, Introduction and First Reading (Deferred on 7/14/14)
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF
THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-16,
TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR TWO (2) REGULAR MEETINGS
PER MONTH EXCEPT FOR DECEMBER AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods read Ordinance No. 5-14-61 by title.
Motion: Approve Ordinance No. 5-14-61 as read.
Moved by Daugherty, Seconded by Mark
Commissioner Beckenbach, referred to Item 8C, stating he wants an amendment to the present code, Sec. 2-
16, which he read from his report in 8C. He stated the need is to continue to have business move along but he
has heard from a number of different citizens that the workshop was really worthwhile and they appreciated
August 11, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM # 1B
SEPTEMBER 8, 2014
Page 16
that they had the extra opportunity to discuss and to hear what the agenda was all about. He stated this would
allow staff to have the opportunity to have the consent agenda and other areas such as an RFP to be put
through, as they are asking, to continue to move the business of the City along but also to make sure that
everything else that would be voted on would be workshopped before we have the vote.
Mayor Woods stated she understands Commissioner Beckenbach's concerns but believes the hybrid
compromise that was worked out provides all those concerns because the consent agenda would still work as
the consent agenda and get passed; all ordinances require two readings so the public has a full month to hear
them with public hearings; the resolutions would come to them once and if they wanted they could move
them to the next meeting; and anything that was on miscellaneous would be for discussion only under new
business and not voted on and the Commission, by consent, would decide to move it to be voted on at the
next meeting or to keep it under new business or not discuss it anymore. She stated if they wanted to move
ahead with it they would move it to unfinished business where it would be discussed and voted on. She stated
every single thing, except resolutions at this point, would have a chance to be heard two times, plus the
agenda would come out earlier than it does now and would give plenty of time for the citizens to read it and
the newspapers to comment on anything. She stated she understands where Commissioner Beckenbach is
coming from because she has seen how things were done in the past but at some point you have to say they
have solved that problem and she believes this is a good compromise. She stated they need to be able to
move the City's business along. Commissioner Beckenbach asked what is not working in the workshop;
what is it they are missing along the way. Mayor Woods stated every ordinance is taking two months and
under the hybrid they would have the agenda out for 10-12 days before the first discussion, then two weeks
before the next discussion so you basically have a month for everything, instead of two months. She stated
two months to pass the pension ordinances has been excessive; two months to pass most ordinances is fairly
lengthy. Further discussion ensued. City Clerk Bartle asked if it would help if when they do the agenda,
similar to what they do with a consent agenda, they put a run-in before the items are listed that tell the citizens
that these are just discussion-only items and no action is going to be taken. She stated that might solve all the
problems to make sure people understand how those items are going to be treated. Mayor Woods reiterated
that she really believes the hybrid system will work out, especially if they are very clear that new items are
just being workshopped and not voted on. Commissioner Mark stated the reason she would support the
hybrid is because she believes, personally, the workshops would have worked had the Commissioners come
prepared to have a meaningful discussion but nine times out of ten at the workshops they ended up going
around and around and just having a circular conversation without really getting anywhere. She stated even
at the next Commission meeting where they were supposed to take action they were still having that circular
conversation because they are either not prepared or whatever the issues might be. She stated she believes at
a Commission meeting it gives it more of a gravity of the situation that they need to come better prepared to
discuss these items and be prepared to take action when they can. She stated she doesn't believe, from the
beginning, they really clarified how they would actually conduct that workshop and they ended up getting
bogged down in some of these little things but, in her opinion, the things that really needed discussion never
made it because by the time they got to those items, which was typically in the miscellaneous business, they
were already tired.
Votes:
Aye: 3-Daugherty, Mark, Woods
Nay: 1-Beckenbach
MOTION CARRIED
8. Miscellaneous Business
August 11, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# 1B
SEPTEMBER 8, 2014
Page 17
A. Public Hearing on Request for use-by-exception (UBEX-14-00100018) to allow the permanent
storage of automobiles in the Light Industrial and Warehousing (LIW) Zoning District located at 512
Stewart Street.
This item was taken out of sequence and acted on earlier in the meeting.
B. Public Hearing on Request for use-by-exception (UBEX-14-00100019) to allow limited wholesale
operations in the Commercial General (CG) Zoning District located at 1175 Atlantic Boulevard.
This item was taken out of sequence and acted on earlier in the meeting.
C. Proposed amendment to Section 2-16. Time and place of regular meetings and scheduled workshops.
This item was taken out of sequence and acted on earlier in the meeting.
D. Request to amend Section 24-84 of the City Code of Ordinances related to Through Lots.
Jeremy Hubsch stated this will go back to the Community Development Board next Tuesday and will come
back to the Commission.
Mayor Woods stated they have some issues with the ordinance in the way it is written and asked if they want
to put a moratorium on approving permits that this affects. Mr. Komando stated a moratorium has to be
passed in the same manner as an ordinance and will take two readings. He stated if the CDB does not have a
way to resolve it by the next meeting then Mr. Hubsch will have to talk about a moratorium. Mayor Woods
asked if they cannot offer a way to resolve it at this point; can they discuss it. Mr. Komando stated they can
give direction to the CDB. Discussion ensued.
Mr. Hubsch showed some slides of Beach Avenue stating the 5' is from the property line not the right-of-
way. He stated if they want to go above 15' it is actually a 10' setback so you wouldn't have a 2-story garage
right on the right-of-way, it would be set back a little farther. He stated the code has been in place since
around 1940 but it has been historically developed that way for a long time. He stated that is why he had
hoped to present a little more detailed information on the history and how many houses are set up that way,
where the curb cuts are and where the traffic is going to and from.
Mayor Woods stated Beach Ave. is very different from any other street in the City in that it was designed to
be an alleyway and have garages backing up and not much space. She stated because of that they are very
lucky they have one-way traffic and a constant parade of bicycles, etc. She stated Ocean will maintain the
20' setback. Commissioner Beckenbach asked if they were going to force the 20' setback on Ocean. Mayor
Woods stated that was correct. Commissioner Beckenbach asked if that is what Mr. Hubsch is proposing.
Mr. Hubsch stated yes, they are voting it back to how it used to be but it has to run through the Community
Development Board. Mayor Woods stated she is saying they can have the address and their garage on either
side but they have to have their 20' setback. Mr. Hubsch added, and no detached structures within that 20'.
Mayor Woods stated that is correct. Commissioner Beckenbach asked if they can put through an amendment
to that ordinance right now. Mr. Hubsch stated, per our land development code regulations, it has to go
through Community Development Board and then to the Commission. Mayor Woods stated but they can
recommend to the Community Development Board that that is what they are looking to pass. Mr. Hubsch
stated he will let them know that is where the Commission stands.
August 11,2014 REGULAR COMMISSION MEETING
9. City Manager
A. City Manager's Report.
• 90-Day Calendar (August-October 2014)
AGENDA ITEM# 1B
SEPTEMBER 8, 2014
Page 18
Mr. VanLiere stated the budget meeting will be held this Wednesday, August 13, at 5:00 in the Chamber and
the second budget meeting will be August 20. Mayor Woods stated they must have the budget approved and
passed by the second meeting in September. Mr. Van Liere stated that will be a special called meeting.
Answering a question from Commissioner Mark, Mr. Van Liere stated he had not planned on having food at
the meeting and it will be videotaped.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Daugherty
• USS Iowa Jima is coming into Mayport and he received an invitation to go to Norfolk and ride it
down here and he wanted to let them know he will be doing that on Thursday. Mr. VanLiere stated
he would like to see the Commission pay for his plane ticket. Commissioner Daugherty stated the
ticket is $160. Mayor Woods asked who invited him. Commissioner Daugherty stated Congressman
Crenshaw. Commissioner Mark asked Commissioner Daugherty if he was paying that or who is
paying for that. Commissioner Daugherty stated he has been here five years and has not done any
travel at all. Mayor Woods stated she believes Congressman Crenshaw should pay for it. She asked
if they can approve this at this point. Mr. Van Liere stated they can give him a consensus.
Commissioner Daugherty stated the whole thing is for developing relationships with the people on the
boat. Mayor Woods stated, yes, it is worth every penny. Commissioner Daugherty stated if any of
the Commissioners want to do a fly-out, he can give them the information where they can do a fly-out
on Sunday morning to the ship and ride the ship back.
Commissioner Beckenbach
• Asked what is happening with recyclables? Stated they had talked about putting another bin out and
he has been asked about the other bin. Mr. VanLiere stated they had to come up with the decal and
order the 7,000 bins and they should be making their way to us shortly. He stated he will have the
Public Works Director give him a more specific timeline.
• Thanked Mr. Van Liere for doing both the City Manager's position and the Finance Director,
especially with the bonds, etc. He stated he is keeping control of the City's money in a positive way
by getting a much better interest rate. Mr. VanLiere stated there was a lot of help on that, between
the bond counsel, financial advisor, and Jeri Benjamin.
City Manager Van Liere
• They have just gotten notice from Jacksonville on our proposed mediation on the tipping fees, which
they have given us a couple of days to look at. He stated they haven't confirmed that yet as they just
got the information today. Commissioner Beckenbach asked him about annexation. City Attorney
Komando stated regarding annexation, they are supposed to have a draft of the Interlocal Services
Boundary Agreement by this Friday, according to Councilman Gulliford.
Commissioner Mark
• Thanked Mayor Woods for her leadership in getting the Human Rights Ordinance passed tonight and
hopes it remains on the books. She understands Commissioner Daugherty's caveat for voting for it
but hopes the people who were against it, and probably still are, really think about it hard and realize
this is the right thing to do. She hopes that is something that other fellow Commissioners come to
August 11,2014 REGULAR COMMISSION MEETING
AGENDA ITEM # 1B
SEPTEMBER 8, 2014
Page 19
terms with and know that it is the right thing to do. She stated it has been a contentious subject for a
long time in Atlantic Beach and knows there is a lot of grief some people are feeling about this. She
stated she voted her conscience because that is the way to vote and she voted it because she wanted it
and not to try to sabotage it later. She stated, hopefully, that will be reconsidered at some point.
Mayor Woods
• Stated staff did a lot of work on the HRO as well, putting countless hours into it. She stated she
appreciates everyone maintaining a cool composure, as much as we have; it is very emotional. She
stated this is not an arbitrary thing, it is people's lives and it really matters.
Adjournment
There being no further business to come before the Commission, Mayor Woods declared the meeting
adjourned at 11:01 p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer
*A Workshop was held on July 28, 2014 for the purpose of discussing these items. Please refer to the Workshop Minutes for the
previous discussion.
AGENDA I TEM# 18
S EPTEMBER 8, 20 14
AlTACHMENT A
FORM 88 MEMORANDUM OF VOT ~NG CONfliC FOR
COUNTY, MUNICIPAL, AND OTl-fER LOCAL PUBLIC OFFICERS
THE BOARD, CO CIL, COMM ISSION, AUTIIORITY OR COMMITIEE ON
WHICH I SERVE IS A UNIT OF :
CITY 0 COUNTY 0 OTHER LOCAL AG ENCY
MY POSITION IS:
0 APPOINTIVE
WHO MUST FIL E FORM 88
This form Is for use by any person serving at til e cou nty, ci ty, or other local leve l of government on an appoin ted or elected board, cou ncil,
com missio n, authority, or committee. It applies to members of advisory and non-advisory bodies Who are presented wit h a voting co nflict of
Interest under Section 112.3 143, Florida Statutes.
You r responsib ilit ies under the law when faced with voti ng on a measu re in which you have a co nfl ict of Interest will vary greatly depending
on whether you hold an elective or appoi ntive positi on. For this reaso n, please pay close att ention to the Instructions on this form before
comp leting and filing the form .
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 11 2 .3143, FLORIDA STATUTES
A person hol ding elective or app ointive coun ty, municipal, or oth er loca l public office MUST ABSTA IN from voting on a meas ure which
would Inure to his or her special private gain or loss. Each elected or appointed local office r also MUST ABSTAIN from knowingly voting on
a measure which wou ld inure to th e specia l gain or loss of a principal (other than a government age ncy) by whom he or she Is re tained
(Including the parent, subsidiary, or siblin g organization of a principal by which he or she is retained); to the special private gain or loss of a
rel ativ e; or to the specia l private gain o r loss of a business associate. Commiss ion ers of commu nity redeve lopment agencies (CRAs) un de r
Sec. 163.356 or 163.357, F.S., and officers of independent spec ial tax districts elected on a one-acre, one-vote basis are not pro hibited
from voting In that capacity.
For purposes of this law, a "re lati ve" include s only the officer's fath er, mother, son , daughter, hu sband, wife, brother, siste r, fa ther-In-law,
mot her-I n-law, son -in-law, and daugh ter-In-l aw. A "b usin ess assoc iate" mea ns any person or entity engaged in or car ryi ng on a bus in ess
enterpri se wi th the officer as a part ner, joint ve nturer, coow ner of property, or co rporate shareholder (where the s hares of the corporation
are not listed on any national or regional stocl< exchange).
* • • * *
ELECTED OFFICERS:
In addi tion to abstain in g from voting in the si tu ations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAI<E N by publi cly stating to the assembly th e nature of your interest in the measure on whi ch you are
absta ining from vo tin g; and
WITH IN 15 DAYS AFTER THE VOTE OCC URS by completing and filin g this form with the person responsible for record ing the
minutes of the me eting, who should in co rporate th e form in th e minutes.
" " • .. .. •
APPO IN TED OFFICERS:
Although you must abstain from voting In the situa tions described above , you are not prohibited by Section 112.3143 from oth erwise
parti cipati ng In th ese matters. However, you must disclose th e nature of th e conflict before making any atte mpt to innu ence th e decision,
whether orally or in writing and whether made by you or at you r direction.
IF YO U INTEND TO MAKE ANY ATIEMPT TO INFLUENCE TH E DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAI<E N:
• You must comp lete and file thi s form (before making any attempt to Influ ence th e decision) with th e person responsible for recording th e
minutes o f th e meeting, who will Incorporate the form In the minutes. (Continued on page 2)
CE FOR M 08 -EFF. 11/2013 PAGE 1
Adopted by reference in Ru le 34 -7.01 0(1 )(I), F .A. C.
APPOINTED OFFICERS (continued)
• A copy of the form mu st be provid e d Immediately to tile oth er members of th e agency.
• Th e form must be read publicly a t the next meeting after the form Is fli ed.
IF YOU MAKE NO ATTEMPT TO INFLUE NCE THE DEC ISION EXCEP T BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict In the m easure before participat ing .
AGI.!:NOA ITEM# I B
S IU'TEMGI;;R 8, 2014
• You must complete the form and fil e it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting , who must In corporate the form In the minutes. A copy of th e form mus t be provid ed immediately to th e other m embers of the
agency, and the fo rm must be read publicly at the next m eet ing after the form Is filed.
r/ (\ DJSCLOSURE OF LOCAL OFFICER'S INTEREST
I, ~V'£A -t~j\.~JC ~ r /-.. I hereby disclose th at o n .4! ,~, u ( + II
(a) A measure ca me or w ill com e Jefore mJsency which (check one or more) (
1
,20 L!i:
_ inured to my s pecial pri vate gain o r loss; ~1 (j
v · dtth 'I I I f b · It .!-1.' 1
1 0 fCjU~,'.rr-.;. _ mure o · e spec1a ga n or oss o my usmess assoc a e, ---(ott+-if-f--:-...:......:.-=--..=;...---lt~----____:._' ________ ,
_ inured to t l1e specia l gain o r loss of my relative, __________________________ ,
inu~d to the special gain or loss of---------------------------~· by
whom I am re tained; or
inure d to t he special gain or loss of ---------------------------, which
Is t he parent subsidiary, or s ibling orga nizati on or subsidiary of a princ ipal w hich ha s retained me.
(b) The measure before my agency and lh e n at u re of my co nflicting Intere st In th e m easure Is as fo llows:
If disclosu re of specific i nform ation would violate co nfidentiality or privil ege pursuant to law or rules governing attorn eys, a pu blic officer,
who Is also a n attorney, may comply w ith th e disclosure requirements of this section by disclosing the nature of the inte rest in s uch a way
as to provide th e public with notice o f t he conflict.
~/ 7 -
~~ .·-'l/1(/ (c;
Da te Filed Sig?a'ture z,_/
NOTICE: UND ER PROVISIONS OF FLORIDA STATUTES §11 2 .317, A FAILURE TO MAKE ANY REQU IRED DISCLOSURE
CON STITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENS ION FROM OFFICE OR EM PLOYMENT, DEM OTION, REDUCTI ON IN SALARY, RE PRIMAND, OR A
C IVIL PENALTY NOT TO EXCEED $1 0,000.
CE FORM 8B -EFF. 11/2013 PAGE2
Adopted by reference In Rule 34 -7.0 1 0(1 )(1), F.A.C.
AGENDA ITEM# lC
SEPTEMBER 8, 2014
MINUTES OF SPECIAL CALLED MEETING OF
ATLANTIC BEACH CITY COMMISSION HELD ON JULY 28, 2014
PRESENT: Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
ALSO: Nelson VanLiere, Interim City Manager
Rob Bradley, City Attorney
Nancy Bailey, Recording Secretary
ABSENT: Mayor Carolyn Woods
Call to order.
Mayor Pro Tern Beckenbach called the meeting to order at 6:32p.m. in the Commission Chamber. He
explained the procedures for the Special Called meeting.
1. Courtesy of the Floor to Visitors
Mayor Pro Tern Becken bach opened the Courtesy of the Floor to Visitors. He welcomed the audience
and explained the process for public comments. He further stated if anyone wanted to discuss anything
about the three ordinances below please feel free to do so. No one from the audience spoke so he
closed the Courtesy of the Floor.
2. Action on Ordinances
A. ORDINANCE NO. 80-14-85, Public Hearing and Final Reading
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, CREATING ARTICLE V, RECLAIMED
WATER SYSTEM, ADDING SECTION 22-365 CHARGES FOR RECLAIMED WATER SERVICE,
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Pro Tern Beckenbach read Ordinance No. 80-14-85 by title. He opened the Public Hearing. No
one from the audience spoke so he closed the Public Hearing.
Motion: Approve Ordinance No. 80-14-85, as read.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 4-Beckenbach, Daugherty, Hill, Mark
Nay: 0
MOTION CARRIED
B. ORDINANCE NO. 80-14-86, Public Hearing and Final Reading
AGENDA ITEM# lC
SEPTEMBER 8, 2014
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, AMENDING SECTION 22-
30, PRIVATE FIRE PROTECTION SERVICE TO PROVIDE METHOD OF MONITORING FIRE
LINE USAGE; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE.
Mayor Pro Tern Beckenbach read Ordinance No. 80-14-86 by title. He opened the Public Hearing. No
one from the audience spoke so he closed the Public Hearing.
Motion: Approve Ordinance No. 80-14-86, as read.
Moved by Mark, Seconded by Daugherty
Commissioner Hill stated he believes this is unnecessary.
Votes:
Aye: 3-Beckenbach, Daugherty, Mark
Nay: 1-Hill
MOTION CARRIED
C. ORDINANCE NO. 20-14-127, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING
SEPTEMBER 30, 2014, AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tern Beckenbach read Ordinance No. 20-14-127 by title. He opened the Public Hearing. No
one from the audience spoke so he closed the Public Hearing.
Motion: Approve Ordinance No. 20-14-127, as read.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 4-Beckenbach, Daugherty, Hill, Mark
Nay: 0
MOTION CARRIED
Adjournment
There being no further discussion by the City Commission, Mayor Pro Tern Beckenbach declared the
meeting adjourned at 6:38p.m.
ATTEST
Donna L. Bartle, CMC
City Clerk
-2-
Mark Beckenbach
Mayor Pro Tern
AGENDA ITEM# 1D
SEPTE~B,ER 8, 2014
MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION
HELD IN THE COMMISSION CHAMBER ON JULY 28, 2014
City Commission Members present:
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
Staff present:
Nelson VanLiere, City Manager
Rob Bradley, City Attorney
Nancy E. Bailey, Recording Secretary
Absent:
Mayor Carolyn Woods
Call to order.
The meeting, which was held for the purpose of discussing the agenda items for the Commission
Meeting of August 11, 2014, was called to order at 6:38p.m. by Mayor Pro Tern Beckenbach. He stated
he would give the audience the opportunity to speak for 3 minutes and would start the meeting with the
Courtesy of the Floor to Visitors.
COURTESY OF THE FLOOR TO VISITORS
John November, 647 Beach Avenue, stated he was speaking as a resident, as the attorney representing
Reuben and Sara Bennett and as the co-founder of the Marsh Preservation Society with Maria Mark. He
addressed the acquisition of 280 Camelia Street, stating it would provide an access to Tideviews
Preserve. He stated he will be bringing this forward at the next Commission meeting.
Donna Sasser, 2237 Oceanwalk Drive S., spoke against the Human Rights Ordinance (HRO).
Sharon Krause, 4845 Plymouth St., Jacksonville, spoke against the HRO.
Tricia Russell, 8720 CR 13 N., St. Augustine, spoke in support of the HRO.
Charles Mann, 165 Arlington Rd., Jacksonville, spoke in opposition to the 512 Stewart St. site stating
this is not bus storage but is a bus terminal. He stated this intensification of this industrial area is going
to be a detriment to the growth of the area, to Dutton Island. and to the quality of life of the people who
live in this area. He questioned whether this item will actually be before the Commission properly under
the Zoning Code, which, under the Industrial Category, allows for auto storage not a bus terminal. He
further discussed the Comp Plan stating this will be a negative impact.
Chris Jorgensen, 92 W. 3rd St., spoke against the HRO.
Dan Merkan, 3159 College St., Jacksonville, spoke in support of the HRO.
Judy Sheklin, 1985 Brista De Mar Circle, spoke in support of the HRO.
Amanda Nowlin, 2802 Taylor Hill Dr., spoke in support of the HRO.
Minutes -City Commission Workshop
Page2
AGENDA ITEM # 1D
SEPTEMBER 8, 2014
July 28, 2014
Steve Haerter, 106 19th Ave. S., Jacksonville Beach, spoke in support of the HRO.
P. K. Drake, 4524 Attleboro, Jacksonville, spoke in support of the HRO.
Diana Townsend, 266 Poinsettia St., spoke in support of the HRO.
Tom Huber, 160 Sylvan Dr., spoke in support of the HRO.
Wlyne Holleran, 238 Pine St., spoke in support of the HRO.
Aryana Vonteese, 1780 Leon Rd. #2212, Jacksonville, spoke in support of the HRO.
Matthew Fain, 1780 Leon Rd. #2212, Jacksonville, spoke in support of the HRO.
Lori Armstrong, 411 Florida Blvd., Neptune Beach, spoke in support of the HRO.
Debran Harmon, 611 Selva Lakes Circle, spoke in support of the HRO.
James Eddy, 222 Lawton Ave., Jacksonville, spoke in support of the HRO.
Wells Todd, 1761 Sea Oats, spoke in support ofthe HRO.
Rosan Larizza, 721 Neptune Lane, spoke in support of the HRO.
Ben Steffens, 1115 Main St., spoke against the HRO.
Lyn Lazarus, 540 Hopkins St., spoke in support of the HRO.
Marye Delaney, 110 Bowles St., Neptune Beach, spoke in support of the HRO.
Lizz Procter, 382 Naugatuck Dr., was in support of the HRO.
William Lyon, 1125 Main Street, stated they should let the citizens vote on the HRO.
Richard Johnson, Jr., 857 Bonita Rd., spoke against the HRO.
Blake Harper, 39 Sunbeam Rd., Jacksonville, spoke against the HRO.
Atillio Cerquera, 36 W. 6th St., spoke in support of the Use-by-Exception for the school bus company
on Stewart Street.
Kathryn Layton, 114 8th St. Apt. C, spoke in support of the HRO.
Marina Hodgini, 721 Neptune Ln., spoke in support of the HRO.
Minutes-City Commission Workshop
Page3
AGENDA ITEM# 1D
SEPTEMBE;R 8, 2014
July 28, 2014
No one else from the audience spoke, so Mayor Pro Tern Beckenbach closed the Courtesy of the Floor
to Visitors.
*DISCUSSION OF AGENDA ITEMS ON JULY 14, 2014 COMMISSION MEETING:
1. A.
B.
C.
D.
Approve the minutes ofthe Regular Commission Meeting of July 14, 2014.
Approve the minutes of the Workshop of June 23, 2014.
Approve the minutes of the Special Workshop on Police Building of June 23, 2014.
Approve the minutes ofthe Public Meetings of June 27, 2014.
There was no discussion on this item.
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report.
There was no discussion on this item.
4. Consent Agenda
A. Acknowledge receipt of the Building Department Monthly Activity Report and Monthly
Financial Report for June 2014.
B. Award the contract for annual Janitorial Services for City Facilities (Bid No. 1213-06) to
Supreme Janitorial Service for one (1) additional year to expire on September 30, 2015.
C. Declare this list of property, as surplus so that the items on it may be disposed of in the most
beneficial way to the City.
D. Authorize the Mayor to sign the related paperwork for the applications and the subsequent
paperwork related to the JAG grant. In addition, authorize Michael D. Classey to submit the
applications on line and have the authorization to electronically sign the on-line applications on
behalf of the Mayor and the City.
Mayor Pro Tern Beckenbach read the Consent Agenda and asked if anyone wanted to discuss any items
on the Consent Agenda. Commissioner Hill pulled Item C. He stated he had not seen the list. He was
shown the list and stated he had no issues with it. Commissioner Daugherty asked the City Manager
what the current process was for auctioning the vehicles. Mr. VanLiere explained they use an on-line
auction site.
5. Committee Reports
None.
6. Action on Resolutions
A. Resolution No. 14-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA;
SUPPLEMENTING ORDINANCE NO. 15-14-14; AUTHORIZING THE ISSUANCE OF A NOT EXCEEDING
$14,000,000 UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2014; AUTHORIZING AWARD
OF THE BONDS TO TD BANK, N.A. FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS;
AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tern Beckenbach read Resolution No. 14-07 by title. There was no discussion on this item.
Minutes-City Commission Workshop
Page4
7. Action on Ordinances
A. ORDINANCE N0.15-14-14, Public Hearing and Final Reading
AGENDA ITEM# 1D
SEPTEMBER 8, 2014
July 28, 2014
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPLEMENTING
ORDINANCE NO. 15-95-7 ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995,
AS AMENDED AND SUPPLEMENTED (THE "ORIGINAL ORDINANCE"); AUTHORIZING THE
ISSUANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, UTILITIES SYSTEM REVENUE
REFUNDING BOND, SERIES 2014, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $14,000,000 TO REFUND THE CITY'S OUTSTANDING UTILITIES SYSTEM
REVENUE REFUNDING BONDS, SERIES 2004, UTILITIES SYSTEM REVENUE BONDS,
SERIES 2010A-1 AND UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2010B;
APPROVING A FORM OF LOAN AGREEMENT AND AUTHORIZING EXECUTION AND
DELIVERY OF THE LOAN AGREEMENT AND OTHER ACTION IN CONNECTION WITH THE
DELIVERY OF SUCH BOND; PROVIDING FOR SALE OF THE BOND BY RESOLUTION
FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS FROM COMMERCIAL BANKS
AND NEGOTIATIONS WITH THE SUCCESSFUL BIDDER; PLEDGING THE CITY'S PLEDGED
REVENUES DESCRIBED IN THE ORIGINAL ORDINANCE; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Pro Tern Beckenbach read Ordinance No. 15-14-14 by title. There was no discussion on this
item.
B. ORDINANCE NO. 58-14-38, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL
EMPLOYEES' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF
ATLANTIC BEACH; AMENDING SECTION 2-268, DISABILITY; AMENDING SECTION 2-274,
MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY
OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tern Beckenbach read Ordinance No. 58-14-38 by title. Commissioner Hill asked if this
would come before the Commission one more time, saying he would save his comments for that
meeting. Commissioner Mark stated this was the time to discuss it if he has any issues, not at the voting
meeting. She stated that is the point of having the workshop. Commissioner Hill stated he had no
comment at this time.
C. ORDINANCE NO. 58-14-39, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS'
RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC
BEACH; AMENDING SECTION 2-307, DISABILITY; AMENDING SECTION 2-310.4, MAXIMUM
PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF
PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING
AN EFFECTIVE DATE.
Mayor Pro Tern Beckenbach read Ordinance No. 58-14-39 by title. Commissioner Daugherty asked the
City Manager what was the catalyst for these things coming about. Mr. Van Liere explained when they
Minutes-City Commission Workshop
PageS
AGENDA ITEM# 1D
SEPTEMBER 8, 2014
July 28, 2014
passed the new pension ordinance a few years ago, while they were in the process of passing, the IRS
changed some glitch language, so this is an ordinance to fix all the glitches and reword some things to
keep it compliant.
D. ORDINANCE NO. 95-14-108, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 9,
OF THE CODE OF ORDINANCES, TO PROHIBIT DISCRIMINATION; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tern Beckenbach read Ordinance No. 95-14-108 by title.
Commissioner Hill stated he wanted to go on the record again stating there are some fundamental
impossibilities about this ordinance that are still troublesome and he is surprised they are going to be
able to pass it. He stated in the ordinance they ask citizens to actually tell a lie, in a sense, and that
particular language is troublesome. He stated he doesn't know how to protect the group that needs the
protection and still not ask citizens to tell a lie about the gender of something that they know. He stated
the reason is that the gender issue still falls within the discretion of the person who is feeling that gender
at a certain time and we really ought to try to address that so we don't get somebody caught in a trap on
the gender side of things with the HRO they are looking at. He stated he would like to address some of
that language with that HRO. Mayor Pro Tern Beckenbach asked Commissioner Hill to explain the
gender issue a little bit further so he understands. Commissioner Hill stated the question is that an
individual can claim, and rightfully so -he is not disputing their ability to say what gender they are
feeling at that time because he wouldn't have any way to know that, but they put an individual in a
position where they have to basically decide something that they know to be not true. He stated you
cannot ask a person to tell a lie about something they know not to be true by the evidence they are given
with their senses so they need to find a way to work that language a little bit more to give the protection
that is needed, if that's important, but not force a citizen to commit to someone else's reality. He stated
that is what they are talking about; a transgender person can claim to be female one day and male
another, depending where they are in the process. He stated the individual in question would have no
way to know and he doesn't believe they addressed that. He stated he would like to give the business
owner or employee better guidance in that area and would like to ask legal to look at that specific issue
and define how they might better know exactly what they are supposed to do. He stated right now it is
in the discretion of the individual. He further stated they did get a pretty clear indication that our
citizens would like to vote on this and he believes this should go to a straw ballot and he would like to
go on the record saying that.
Commissioner Mark stated this is still just so baffling. She stated she is sitting here listening to the same
rhetoric that has been said by her colleague. She asked do they really think, one day I'm gay, the next
day I'm not; one day I'm a lesbian, the next day I'm not. She stated that is clearly not the case; it is like
her saying one day I'm born Korean, the next day I'm not. She stated it is not the case and you guys
keep going back to that. She stated that is what they are basing their argument on; that is what they are
basing their adversarial position on. She stated the medical scientific evidence has proven that is not
true. She stated she was hoping our Commissioners would be better educated on this. She asked how
many people have come up here and requested this go on a referendum; she believes they had three
tonight. She stated if they had put the Civil Rights Act on a referendum, would it have passed. She
stated when you are trying to give rights to a minority, you do not give the majority the right to vote.
She stated the last poll that was taken in Atlantic Beach on whether they supported a Human Right
Minutes -City Commission Workshop
Page6
AGENDA ITEM# 1D
SEPTEMBER 8, 2014
July 28, 2014
Ordinance, 85% of Atlantic Beach residents fully supported a Human Rights Ordinance. Discussion
ensued.
Commissioner Daugherty stated the issue is, is this a problem in Atlantic Beach and is there active
discrimination against the LGBT community. He stated the answer is no. He stated there has not been
one documented case that has come before the Commission of discrimination in Atlantic Beach. He
stated in trying to protect the rights of the few, they are infringing on the rights of the many. He stated if
the Commission wants to railroad it in on a 3-2 vote, go ahead; but if they want to stay true to what they
claimed in their campaigns and hold true to democracy, let the people have their vote.
Commissioner Hill asked if they were allowed to vote tonight on whether to take it to a ballot. City
Attorney Bradley stated their traditions are that they do not vote at the workshop but it is not legally
prohibited, so he is not going to tell him that they can't vote tonight. Commissioner Hill stated he would
stick to tradition and not put it to a vote. He will bring it up at the next meeting because with the Mayor
absent he would like it to be a complete dais.
Mayor Pro Tern Beckenbach stated his feeling as far as discrimination is that it is wrong and he does not
agree with it. He stated what he expects of his government is protection as a United States citizen and
he believes every United States citizen should be equally not discriminated against and, therefore, he is
in agreement with the ordinance. Discussion ensued. Commissioner Hill expressed a change he would
like and Mayor Pro Tern Beckenbach asked that he bring the language back to the next meeting that he
would feel comfortable to vote on and vote for within this ordinance. Commissioner Hill stated if given
the opportunity to do so, he will. Commissioner Mark stated she objects to that. She stated
Commissioner Hill has yet to provide any kind of solution to these issues he continues to bring up and
he continues to say how bad a legislation this is. She stated this ordinance has been taken from other
ordinances that have been passed within the State of Florida and has been crafted to fit Atlantic Beach.
Discussion ensued. Mayor Pro Tern Beckenbach stated he would love to see what Commissioner Hill
comes up with and to review it. He stated he can tell he has something in mind and he is always open to
review what he has in mind and asked him to feel free to bring it back to the Commission the next time
they meet.
E. ORDINANCE NO. 5-14-61, Introduction and First Reading (Deferred on 7/14/14)
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2
OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC.
2-16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR TWO (2) REGULAR
MEETINGS PER MONTH EXCEPT FOR DECEMBER AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tern Beckenbach read Ordinance No. 5-14-61 by title.
City Manager VanLiere explained the ordinance stating the primary objective is to allow City business
to carry forward at a little bit more rapid pace and to provide more information to the public before those
decisions are made, than was previously provided. He stated he believes the hybrid compromise that
they came up with after previous discussions would work well and he would like to go forward with
going back to two meetings per month. Commissioner Hill proposed scheduling workshops before both
meetings. Mayor Pro Tern Beckenbach referred to Item 8C and stated, following his discussions with
Mark Tomaski, he proposed to keep the original ordinance with a regular meeting and a scheduled
workshop but have each workshop start with a brief voting meeting to address and approve consent
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agenda items. He stated other items such as resolutions, adoption of a change of an ordinance, or
approval of use-by-exceptions would be discussed at the workshop and voted on at the regular meeting.
Commissioner Mark asked if the schedule for receiving the agenda packets remain the same, with the
Commission getting them the Wednesday before the scheduled workshop. Mr. Van Liere stated yes.
Commissioner Mark clarified that the 10-day window proposed under the new scenario would not take
place, giving only three days to look at what is coming up. Mr. Van Liere stated that is correct but with
what Commissioner Beckenbach is suggesting, because they are going to workshop it first, they have
those three days, but then they also have two more weeks before they vote on it. He stated there are two
issues with this proposal; one being when you want to pass an ordinance. He stated they have two
public hearings and it is designed to be read twice so it will take two months to pass an ordinance.
Commissioner Beckenbach asked if that is problematic. Mr. Van Liere stated it depends on the
ordinance. Commissioner Beckenbach stated then they could always have a special meeting for the
ordinance as they did today. Discussion ensued. Commissioner Daugherty stated when they first
changed the meetings they agreed they would do it for a period of time to see how it works. He stated
staff has come back to them and stated it doesn't work. He stated they have had citizens who say it is
prohibitive on a time perspective to get things done for their home or business. He stated there have
been very few workshops that they have not had to have a special meeting before it because part of their
job is to get things done. He stated he appreciates why this was done but the solution created more
problems. He stated staff is trying to solve these problems. He stated he believes they need to listen to
staff. Further discussion ensued. Commissioner Hill stated he is leaning toward giving it a shot but
make special arrangements to keep the workshop a prominent piece of our government. He asked if it is
possible to do a hybrid so that could happen. Mr. Van Liere stated his proposed hybrid takes the
miscellaneous business items and prevents them from being passed in one meeting, which is the same
thing Commissioner Hill is suggesting with the workshop. He stated rather than calling it a workshop
they are just on the agenda as miscellaneous business and they come back in the second meeting as
unfinished business where they would take action. He stated it accomplishes the same thing, they just
aren't calling it a workshop. He stated the reason he shies away from calling it a workshop is because
when the Clerk sits down to make the packet, now they have a workshop and a meeting agenda and they
have to pick which things go in which piece; they are noticing two different kinds of meetings and it
gets very confusing for citizens who want to know if that is an action item tonight or is that just a
workshop item. He stated with the method he presented they would see the items under miscellaneous
business and then they would vote for it under unfinished business at the next meeting. He stated what
they get with this is that ordinance can go through in two meetings, because they are required to have
two meetings with a public hearing, but it won't take two months, it would just take one. Discussion
ensued.
8. Miscellaneous Business
A. Public Hearing on Request for use-by-exception (UBEX-14-00100018) to allow the permanent
storage of automobiles in the Light Industrial and Warehousing (LIW) Zoning District located at 512
Stewart Street.
Building and Zoning Director Jeremy Hubsch explained the use-by-exception showing slides of the use-
by-exception including some examples and allowable uses. He also presented slides of an aerial map of
the site, a rendering of the proposed use of the site, pictures of the property, an aerial of their current
location in Jacksonville Beach, examples of traffic stacking, time schedules, and a list of schools the
buses will be serving.
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July 28, 2014
Chris Engels, 340 Lee Rd., representative from STA, answered questions from the
Commission.
Mr. Hubsch explained the Community Development Board voted 6-0 to recommend denial at their June
15 meeting but there have been several changes to the request since the vote.
Commissioner Hill questioned why this was a use-by-exception, stating he read it clearly to be an
allowed usable function on that site because they are not permanently storing but are operating a
business out ofthere. He asked if the City Attorney agreed that it is still a use-by-exception. Discussion
ensued. City Attorney Bradley stated the question is what is the legislative body trying to accomplish by
placing this language in here and saying you have to go through one's process, so you don't get it by
right because you want to talk to the surrounding neighborhood.
Atillio Cerquera, owner of the property, stated he thought they actually misapplied originally and wrote
a letter to Mr. Hubsch, asking that he forward it to the Commission, stating they did misapply; they
wanted to be a bus contractor that would store vehicles like, for instance, a plumbing or air conditioning
contractor that would store 20-60 vans; any contractor that would be allowable in that type of intensity is
how he felt as a contractor. He stated it just says contractor and he believes when Ms. Engels came to
apply, she just misunderstood. He stated to be guided would be helpful and that is what he is trying to
have the Commission help them with. He stated to have viable quality service businesses in the area
that would provide employment in the area is what he is trying to also help with, including his ability to
rent the property. Mr. Bradley stated he understands that was communicated and nothing he said should
have been interpreted as saying that his firm was not aware of how he would have like to have had this
characterized. Mr. Cerquera stated he is asking to reapply. Mr. Bradley stated whether another
application was filed or not was not the issue; the issue was what was happening on the ground. He
stated it was explained exactly as what he has heard tonight and everything they have heard thus far as
to what they are doing. He stated there is no misunderstanding on the part of the law firm as to what
they are intending to do with the property; there is no misunderstanding as to what the language is in the
ordinance. He stated there certainly is reasonable cause to have people talk about these things because,
as the Commissioner points out, there is not a definition beyond permanent storage under terms to be
defined. He stated they are aware of his position and what they are attempting to do. Commissioner
Hill asked what were the grounds for not allowing them to reapply. Mr. Hubsch stated, although he
does not want to speak for Mr. Komando, he believes he said they were not the same as the other
contractors. Mr. Bradley stated that was his point. Mr. Hubsch stated, as Mr. Bradley said, not having it
defined. He stated they have a definition section in our zoning code and if there is a gray issue they go
to that definition and they see that it is black and white. He stated that one isn't defined. He stated a
simple fix would be, if the Commission believes it doesn't meet that criteria, they could approve the use-
by-exception and direct staff to define what permanent storage is and then they won't have this issue.
He stated there is a lot of ambiguity and a lot of gray areas in the zoning code. Mr. Bradley stated if the
desire of the Commission is to get this person to be able to move forward with whatever conditions may
or may not be reasonable, then that can be accomplished at the next meeting. He stated if the fuller
desire is to make this type of business into a use-by-right rather than by exception then they will assist
them in making that clear so that will never happen again.
Discussion ensued regarding traffic impacts. Chief Classey stated DOT would need to be the one to
provide an opinion on Mayport Road because it is a State route. He stated they will have the traffic
count information, light cycle information and will be the ones to make any decision on changes for
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light cycle. He stated, in his experience in dealing with them, their primary goal and function when
dealing with an intersection with a State route is to keep the traffic on the State route going. He stated
any secondary roadway traffic from Dutton Island or Levy will become very second nature to them and
less of a priority to clear that out. He pointed out that there are no sidewalks on Main Street; the City
tried to put them in years back but the residents revolted because it would take too much of their front
yard because of the short setbacks off the roadways. He further stated one potential he could see on
Mayport Road is that if, during those peak times when those buses are coming back in, you have enough
buses heading north on Mayport Road to make the left either onto Dutton Island or Levy and you back
up that entire left tum lane, you are forcing traffic in the left straight lane to stop or to make last minute
lane changes which could create a situation. He stated the only other observation he would make is that
the buses coming out with the short time cycle on Dutton Island and Levy Roads, the Commission could
receive complaints from area residents over the delays in getting out of their neighborhoods during those
peak times. Discussion ensued.
Brea Paul, Chair of the Community Development Board, answered questions from the Commission.
Further discussion ensued.
B. Public Hearing on Request for use-by-exception (UBEX-14-00100019) to allow limited
wholesale operations in the Commercial General (CG) Zoning District located at 1175 Atlantic
Boulevard.
Mr. Hubsch explained the use-by-exception showing slides of the aerial of the property and the site plan.
He answered questions from the Commission.
Tracey Westbrook, 1560 Selva Marina Drive, owner of Atlantic Beach Urban Farms, explained the
entrances and exits to the property and the proposed operation and answered questions from the
Commission.
C. Proposed amendment to Section 2-16. Time and place of regular meetings and scheduled
workshops.
This item was taken out of sequence and acted on earlier in the meeting.
D. Request to amend Section 24-84 of the City Code of Ordinances related to Through Lots.
Mr. Hubsch gave a summary of the proposed request to amend the ordinance and showed slides of the
through lots. He stated when this came before the Commission previously, he explained what he
believes his predecessor intended. He stated there was some ambiguity in how it was presented and how
it was interpreted by the Commission and the Community Development Board and explained the Code
that was actually implemented which states that all lots between those streets are treated like all through
lots and must have two front yards with a 20' front yard setback on each property. He stated the way
our Codes are written they say you cannot have detached garages, pools or any accessory structure such
as a pergola in the front yard. He explained the reason this is coming back before the Commission is
because there are three people that this has affected already. He answered questions from the
Commission. Discussion ensued. Brea Paul answered questions from the Commission and stated the
Board will be discussing an overlay district and explained what an overlay district is. Commissioner
Hill asked her if this is coming back to the Commission for them to figure out what to do, or is the
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July 28, 2014
Board going to give a recommendation. Ms. Paul state they are going to give the Commission a
recommendation and they may decide they don't want a special overlay district, which will probably
take two or three months of discussion. She stated they have had two items that they deferred to their
meeting for next month, pending clarification from the Commission. She stated they want to know if it
is the Commission's intent to alter the Code so it removes the double front yard setback, which does
decrease the buildable area. She stated if it is for the garage apartment, it is 15' they are talking where
they can have it in their setback and the garage line they have now. She encouraged them to come to a
consensus if that is something they would like to change and as a Board they would gladly make them a
recommendation again, but they, as a Board, wanted to see where they were going. She stated they try
very hard not to just hand out exceptions or variances willy nilly because if they are giving everybody a
variance, what's the point in having a variance; they might as well make it the rule. Mr. Hubsch stated
he would like to get an idea from the Commission where they lean on this if it comes before them again
because they have applicants who have applied for zoning variances and they are waiting. Discussion
ensued. City Manager Van Liere stated when they changed the code to what it is now, the request was
that they would be able to pick their front yard, whether it was Ocean or Beach. He stated what he is
understanding now is that it wasn't one or the other; they gave them two front yards. He stated the
difference between a front yard and a back yard setback is 15 ', which is the width of your swimming
pool, so they really created 15' ofunbuildable lot by requiring them to have 20' on the front and 20' on
the back. Mr. Hubsch explained, no, it's a 20' setback on the front yard and back yard, it's when you
limit the ability to do the detached garage that you limit their total buildable area. Mr. VanLiere stated
the whole discussion about if you can push the garage closer to the street, then you have room to put a
pool in, but with two front yards, so to speak; you just can't do that. Mr. Hubsch stated our code related
to pools specifically says that the pool cannot be located in the front yard, which means the pool has to
be behind the front of the house, which ultimately means if you want to build a pool on these lots it has
to be in the side yard. He stated you will have people building longer, narrow houses to be able to fit a
pool on the side yard and it will create all kinds of design constraints. Mr. Hubsch answered questions
from the Commission. Discussion ensued. It was consensus of the Commission to readdress this issue.
9. City Manager
A. City Manager's Report.
• 90-Day Calendar (August-October 2014)
Mr. VanLiere explained the calendar, reminding the Commission that there is a workshop before the
next meeting on August 11 at 5:00p.m. to discuss the Police building. He also stated October 2 will the
Committee and Board Member appreciation reception at 6:30. He stated the next Town Hall meeting is
Saturday, October 18 at 10:00 in the Chamber.
10. Reports and/or requests from City Commissioners and City Attorney
There was no discussion on this item.
COURTESY OF THE FLOOR TO VISITORS
Mayor Pro Tern Beckenbach opened the Courtesy of the Floor to Visitors, stating he would allow 2
minutes per person speaking.
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AGENDA ITEM# 1D
SEPTEMBER 8, 2014
July 28, Z014
Alison Hillis, 380 5th Street, addressed 152 3rd Street stating as far as the perspective of conformity
goes, on Beach Avenue if you live on the ocean, you can only have your garage on Beach Avenue
because you don't have a choice. She stated on Ocean Blvd., if you live on the west side of Ocean Blvd.,
there are no through lots so all of the garages are on Ocean Blvd. She stated on the east side of Ocean
Blvd. you have the option because you have a through lot. She stated there is no conformity because
each side of Ocean Blvd. is different and each side of Beach Ave. is different. She stated she just
wanted to point out that conformity may not be the best way to go because she doesn't believe there is
any conformity.
Andy Pitler, 277 Beach Ave., he stated he also owns 290 Beach Ave. which is the adjacent lot next to
Ms. Hillis' lot. He stated he welcomes the Commission further delving into this issue and would like to
make his self and his property available as a walkthrough because they are perfect examples of a
convergence of things that are making this more awkward than it needs to be. He stated as he recollects,
the code change was made because it seemed to make sense that you could pick or choose Beach or
Ocean, but what got codified was the requirement to have the front yard setback on both. He stated that
did limit in several ways the ability to build the same square footage in terms of being able to have a
building on Beach and a building on Ocean with some space in between. He stated his lot and the Hillis
lot are perfect examples of that. He stated he would like to have things expedited as best they can
because several people have significant dollars tied up and are trying to get plans moving forward. He
stated whatever they can do to help the process through involvement, etc. they will be more than happy
to play whatever role they can.
Chris Jorgensen, 92 W. 3rd St., addressed Item 8B, stating the proposed business is next to his house
and he thinks it is fantastic. He stated he can't conceive of any traffic problem.
Julia Sanford, 199 Beach Ave., architect working with some of the people on Beach Ave., spoke in
support of an either/or decision because it would preserve some of the beautiful old historic homes and
not make them be tom down and have some big and new built in the middle.
William Lyon, 1125 Main St., stated he lives down the street from the property proposed for the busses
and spoke in favor of the business. He stated the concerns they have about traffic signals could be easily
remedied. He stated he welcomes the business.
Adjournment
There being no further discussion by the City Commission, Mayor Pro Tern Beckenbach declared the
meeting adjourned at 10:03 p.m.
Donna L. Bartle, CMC
City Clerk
Mark Beckenbach
Mayor Pro Tern
*Formal action (if needed) will be taken at the Commission Meeting of August 11, 2014.
AGENDA ITEM# IE
SEPTEMBER 8, 2014
MINUTES OF THE BUDGET WORKSHOP OF ATLANTIC BEACH CITY COMMISSION
HELD IN COMMISSION CHAMBERS ON WEDNESDAY, AUGUST 13, 2014 AT 5:00PM.
City Commission Members present:
Carolyn Woods, Mayor
Mark Beckenbach, Mayor Pro Tern
Jonathan Daugherty, Commissioner
Maria Mark, Commissioner
Staff present:
Nelson VanLiere, City Manager/Finance Director
Donna Kaluzniak, Public Utilities Director
Doug Layton, Public Works Director
Rick Carper, Deputy Public Works Director
Cathy Berry, Human Resource Director
Keith Randich, IT Director
Jeri Benjamin, Deputy Finance Director
Donna L. Bartle, City Clerk
ABSENT: Jimmy Hill, Commissioner
The meeting was called to order at 5:02p.m. by Mayor Woods.
Courtesy of the Floor to Visitors was taken out of sequence and acted on at this time.
The following spoke in favor of the Bennett's Landing proposal as proposed by John November.
Jeff Montanye, 334 11th Street, spoke in support of the property becoming a park.
Jeff White, 1908 Sea Oats, stated that property would be a huge addition to the neighborhood.
Catherine Sullivan, 830 Begonia St., stated it would be a great addition to the Tideviews Park.
Brittany Norris, 1304 Main St., stated she is for setting aside the amazing eco system over there.
JJ Neal, 260 Camelia Street, very interested in having the park there and supports saving land for our
wildlife.
Judith Causey, 276 Camelia St., stated it would be a lovely tribute to the Bennetts.
Thomas Charles Feagle, 265 Main St., stated he was very much in favor of improving this area and
having the children be able to go there to observe nature and to be able to observe the sunsets there.
Gail Meade, 265 Camelia Street, stated she is very much behind this project because she wants to see
land set aside for future generations and the wildlife.
John November gave a presentation on his proposal (which is attached and made part of this Official
Record as Attachment A) to acquire the marsh front property (Bennett's Landing) which is adjacent to
Tideviews Preserve at 280 Camelia Street stating he believes the City needs to take the next steps to
make Tideviews a premier park. He stated to have an entrance in the middle of the community would
make it feel much more accessible and a part of the Marsh Oaks community. He showed slides of the
property. He stated if they don't put this project in the budget for the year 2014-2015, this land will be
lost to development. He stated he was asking that they earmark money for the purchase and
improvement of this property. He stated the non-improved portion of this property is appraised for
$115,000 but he believes the entire property will likely be more than that. He stated it will be the bank's
appraisal that drives the purchase price of this acquisition and that appraisal has not happened yet. He
Minutes -City Commission Budget Workshop
Page2
August 13,2014
stated in order to have that opportunity to have some leeway, he is asking that they set aside a little more
than $115,000. He stated he hopes that they set aside the money for this project and take advantage of
this great community support that they have gotten for this project.
Former Mayor Suzanne Shaughnessy, 168 Oceanwalk Dr. S., quoted Dezmond Waters, stating the
land isn't getting cheaper and they aren't making any more of it; there aren't any more large parcels left
on the island so when the land comes up for sale if it is reasonable buy it because it increases the quality
of life for everyone who lives near it and for people all over the City; the east side has lots of parks but
there has been a need for parks on the Westside for quite some time and she believes this would go a
long way to improve that situation; this would be a passive park without the future cost of an active
park. She stated she believes this is a good thing for the City.
John November answered questions from the Commission regarding his proposal. Discussion ensued.
Chris Jorgensen, 92 W. 3rd Street, referred to the map shown by Mr. November stating it has a good
access point to the water for his canoe.
Mitch Reeves, 1663 Sea Oats Dr., discussed tax roll-back stating it is a form of a tax increase, stating
he hopes they work this out that the millage rate for the taxpayers goes down and not up. He stated he
would like to see where the reserves are for all the individual accounts; what it was last year and what it
is currently this year. Mayor Woods stated that information is always in the budget. He stated he hopes
that the 25% or more is there because it is very important to our City. He stated he knows they have
always done their best but he would like to see some way they can get our tax down and not have a roll-
back.
Mayor Woods stated she wanted to clarify some things Mr. Reeves brought up; they do have a 25%
contingency as required and the budget does have all of the individual contingency amounts for each
fund and the total amount.
Introduction
Budget Overview (Handout: Annual Operating Budget 2015 Proposed, which is attached and made
part of this Official Record as Attachment B)
City Manager Nelson VanLiere gave an overview of what he plans to cover tonight as well as the items
on the next meeting of August 20, as follows:
Agenda
August 13, 2014
• Budget Policy
• Strategic Priorities
• Revenue Overview
• Expense Overview
• Public Works
• Public Utilities
August 20, 2014
• Commission and Administration
• General Government
• Recreation and Events
• Public Safety
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Page3
• Building, Planning and Zoning
Introduction
August 13,2014
• An Annual Operating Budget is one of the City's most important work products that a City Manager
is tasked with.
• This document gives the City Officials the authority to collect revenues and pay the expenses.
• It allocates the resources among departments in line with the Commission's priorities and policies by
setting limits on how much each department can spend.
Review of Strategic Priorities
Mr. VanLiere explained they didn't have the formal strategic planning session like they did a year ago
because the strategic goals they have are long-term goals and he believes with an incoming Commission
to do that maybe every two years would be a better process. He stated, as they will see, everything that
was on the list last year is still on the list. He stated the following are the goals that were approved a
year ago.
Strategic Priorities Summary
• Tipping Fees-Settlement offer made, now waiting on a response from Jacksonville.
• Golf Course -ABCC under construction with re-use water supplied by Atlantic Beach.
• Recruitment and Retention of Staff-We have had a 20% turnover in staff since October 1,
2013.
• Police Building -Consultant delivered report on 8/11 and if everybody agrees with the
consultants they can go forward with that project.
• Marsh Master Plan Improvements -Mr. Van Liere stated they changed the scope of the
consultant to have them look at just Dutton Island Rd. instead of the path between the two
locations and they are working on that. He stated there are three projects in the Marsh Master
Plan: the kayak launch and the two overlooks that are funded for next year with FIND money
that look like they are a go.
• Mayport Road Corridor/Marsh Oaks Neighborhoods-As a project, there weren't a lot tasks
associated with this goal. After turnover, we now are staffed with the appropriate individuals to
focus on this. Jeremy Hubsch has information on a grant he is working on to help out.
• Parks Planning -They have finished Rose Park; we have a new dog park; the Marsh Master
Plan projects are coming; and there are a couple of new sidewalk projects. He stated there has
been a lot maintenance that has been neglected on our existing parks, especially in Russell Park,
that they are starting to repair/replace with funds in this budget. Discussion ensued about
possible soccer fields.
• New Sidewalks
• Incentives for Economic Development -Discussed putting aside some funds for economic
development by designating a piece of our fund balance to be used when the opportunity comes
and a program is identified rather than making an appropriation in this year's budget. He stated
specific tasks are vague in this area and he is not sure what the Commission expected to happen
on this Strategic Goal. Discussion ensued about a Community Redevelopment Area (CRA).
• Storm Water Master Plan Projects
• Identifying City Boundaries-Public Works Director Doug Layton stated the signs have been
ordered and the proofs have been approved and they are waiting for the DOT permit to put them
Ill.
Budget Policy Goals
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August 13, 2014
Mr. VanLiere stated he created this budget with the Budget Policy they have in place, stating these are
the things that are in every budget they produce unless told not to do something. He stated there is a
25% operating reserve, which is a Commission self-designated and not a requirement. He stated all
authorized positions are fully funded and the policy calls for a 3% merit pay increase, which is in the
budget. He stated they have ten-year projections on all the major funds so they can see that what they
are doing now will carry us forward in the future. He stated the Pension Trust Funds are funded per the
Actuary, which is required. The Capital Items that are in the budget are those needed to do the current
level of service plus the items already discussed. He stated he did not make a list of the things that
aren't in the budget, but funded what he thought the Commission wanted. He stated the budget is
balanced and it is the current millage rate.
Revenue Overview
Mr. VanLiere showed slides ofthe Proposed Total Revenues by Fund-2015, as follows:
General Fund
Special Revenue Funds
Debt Service Funds
Capital Project Funds
Enterprise Funds
Trust Funds
Total Revenues
$11,311,092
1,428,149
0
230,000
11,686,252
3,568,124
$28,223,617
He showed a slide of the Revenue in Summary, as follows:
Property Taxes
State Shared Revenues
Transfers
Utility Rates
Sanitation Rates
Storm Water Fees
Permit Fees
User Fees
Grants
Millage the same at 3.3285
Estimate at $109,000 increase
Reduced
No Water I Sewer Rate Increase
No Garbage Rate Increase
No Increase
No Permit Fee Increase
No Increase
As approved
Mr. Van Liere stated they should start delivering the recycling carts on August 25, which will be
announced in the Beaches Leader on Thursday August 21.
Expenses
He showed a slide of the Total Expenditures by Fund, as follows:
General Fund
Special Revenue Funds
Debt Service Funds
Capital Project Funds
Enterprise Funds
Trust Funds
Total Expenses
$11,269,427
1,809,207
0
2,925,000
12,870,935
1,710,919
$30,585,488
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August 13,2014
He showed a slide of the Resource Allocation which breaks down the expense total by how it is spent, as
follows:
Personnel Services
Operating Expenses
Capital Outlay
Debt Service
Transfers
$9,278,006
10,678,751
6,682,986
2,147,535
1,348,210
Total Expenses $30,585,488
He showed a slide "Schedule of Available Cash Balances" stating it shows the estimated reserve
balances. He explained the chart to the Commission, stating there is well over $5 million in the general
fund, which is very healthy.
He explained the slide on Personnel Services Summary, as follows, stating there has been a lot of
turnover and moving positions around.
• Net increase of Yz an employee
• Organizational changes in almost all departments
• Raises of 3% merit with 1% C.O.L.A. adjustment to pay plan. 1% more to Police officers to off-set
increased pension contributions
• Raises cost $192,293 city wide ~ $64,097 per 1%
• Without raises, we would have a slight decrease in total payroll from reorganizations and turnover
off-setting the increases in Health Insurance and the added employee.
• Pension cost is down about $95,000.
He further explained the slide on Operating Costs as follows:
• Contractual Increase in the Fire I Rescue contract of 3%
• Sanitation cost negotiated to stay the same for residential but increase for commercial tipping fees.
• Maintenance Costs for the Fleet is relatively the same
• Pension cost in benefits paid indicates a large decrease primarily due to an unusually large payout in
the current year.
He explained the highlights of the Capital Improvements as follows:
• Seminole Road Streetscape $1,600,000 ($700,000 of this was to replace a waterline)
• Police Building $2,600,000
• Marsh Master Plan $ 325,000 (partially funded with FIND money)
• Saltair Drainage & Sidewalks $ 380,000
• Replace Effluent Outfall Line $ 320,000
• Russell Park Improvements $ 250,000
• Water Main at AlA & Mallard Cove $ 120,000
• Francis Street Improvements-CDBG $ 91,386
• Bull Park Playground Equipment $ 75,000
• Bennett's Landing $ 200,000 (stated this is not in the budget)
He explained the following Equipment Purchases that will be discussed by the Department Heads.
• Phone System $102,500
• Server and Network Equipment $ 68,000
• Laptop Computer Rep-Police $ 32,500
• Police In-Car Video Equipment $ 20,000
• Three Police Cars Equipped $120,000
Minutes-City Commission Budget Workshop
Page6
• Mowers
• Small Utility Vehicle for park access
• Meter Reader Truck
• Lift Station Maint. Truck & Crane
• Truck Replacement for Sewer Division
• Compact Excavator
August 13,2014
$ 25,000
$ 19,000
$ 20,000
$ 45,000
$ 25,000
$ 60,000
Mr. Van Liere explained the General Fund Revenue Diversification, the Ad Valorem Assessment Rolls
giving an explanation of the roll-back rate, the 2014 Total Proposed Millages, Office of the Property
Appraiser Proposed 2014 Millages, General Fund Expense Distribution, General Fund Total Revenues
by Type and Total Expenses, and the General Fund showing slides of each. He answered questions
from the Commission. Discussion ensued.
Departmental Presentations:
Public Works (Handout: Public Works Budget FY 2014-2015, which is attached and made part of
this Official Record as Attachment C)
Director of Public Works Doug Layton showed a slide of what Public Works does, including streets &
R.O.W. Maintenance, building maintenance, parks maintenance and beautification, stormwater, fleet
maintenance and sanitation. He also showed a slide of the Public Works Organizational Chart. He and
Rick Carper answered questions from the Commission.
Mr. Layton explained primary responsibilities of Public Works including, streets, rights of way, parks,
city buildings, stormwater, sanitation and fleet maintenance; State permits: NPDES I MS4, stormwater
treatment, fuel systems; and Commercial and Residential Plan Reviews, including R.O.W. permits and
storm water utility fee calculations (commercial).
He further stated Public Works is combining with Public Utilities in FY 14-15, when Donna Kaluzniak
retires in March.
He showed a slide of the facilities maintained by Public Works including the following: 55 Miles of
Paved Streets and Rights of Way; 54 City Buildings (25 are lift stations); 6 Stormwater Treatment
Ponds; 27 Miles of Stormwater Pipe; Over 1440 Stormwater Structures; 110,000 LF of Stormwater
Ditches and Swales; 1 Stormwater Pump Station (shared with NB); 104,000 LF of Sidewalk & 8' Multi-
Purpose Paths; 15 Parks (6 Active, 6 Passive, 3 Preserves) plus 1.6 Miles ofBeach.
Mr. Layton explained the Public Works total budget showing a slide of the funds, 2013-2014 Estimate
and 2014-2015 Budget. Mr. Van Liere further pointed out that a lot of the Public Works street
maintenance crews are also the storm water utility guys and their salary is allocated between the two.
Showing a slide on the General Fund, Mr. Layton explained the responsibilities of Public Works Admin,
Streets and Maintenance, Parks, Building and Fleet Maintenance. He gave detail of the major capital
items for FY14-15 and the budget requested. Discussion ensued.
He also showed slides of Dutton Island North Kayak Launch, Dutton Island Fishing Pier/Overlook, and
the W. 6th Street Fishing Pier/Overlook, stating these are currently in our FIND grant, in our Core of
Engineers permit and are what is in the current budget. He stated they expect the Core of Engineers
permit in the next 30-60 days, approval of the FIND grant in the next 30-60 days and have asked the
Minutes-City Commission Budget Workshop
Page7
August 13,2014
consultant to finish the design for the Kayak Launch by September 15, so it can be reviewed and ready
to bid in October. Discussion ensued regarding the Fishing Pier/Overlook on Dutton Island.
Mr. Layton explained the Gas Tax Resurfacing Program, showing a slide with the FY 14/15 -$300,000
budget proposed (augmented from Half Cent Sales Tax); the Overall Condition Index (OCI) -73.6
(Very Good) (20 13 score); and stating the current year paving is completed. He also showed a slide of
the Street Resurfacing Since 2005 and the Pavement Management Chart showing the streets to be paved
during 2014-2015.
Mr. Layton showed a slide of the combined Public Works Organizational Chart, stating as they move to
combine the departments there will be a Deputy Director for Public Works and a Deputy Director for
Public Utilities.
Mr. VanLiere showed slides on the ten-year plan for Storm Water Utility, Gas Tax Fund, and Sanitation
Fund, explaining each.
Public Utilities (Handout: Public Utilities Budget FY 15, which is attached and made part of this
Official Record as Attachment D)
Public Utilities Director Donna Kaluzniak explained their primary responsibilities are to protect the
public health and environment by compliance with all the local, state and federal regulations, including
the water supply, treatment, and distribution; the wastewater collection and treatment; and the reclaimed
water treatment and distribution.
She showed a slide of the Facilities-Inside and Outside City Service Area which include:
1 Wastewater Treatment Plant
4 Water Treatment Plants
30 Lift Stations
1 Stormwater Pump Station
104 Miles of Water Main
68 Miles of Gravity Sewer
28 Miles of Outfall & Force Main
3 Miles of Reclaimed Water Main
~8,200 Water services and meters
~8, 100 Sewer services
180 Reclaimed water services and meters
She also showed a map of the Atlantic Beach Utility Service Area and slides on the Public Utilities Flow
Data, and the Public Utilities Staffing Chart FY15 stating the Meter Readers will be under Utilities
rather than the Finance Department.
She showed a chart of her Proposed Budget, and slides of the Resource Allocation, Major Funding
Sources, Water Capital Items for FY15, Sewer Capital Items for FY15, explaining each. She answered
questions from the Commission.
She explained the Major Items in 10-Year CIP, including Jockey Pump for Water Plant #1; replace 2
small wells at Water Plant #4 with 1 larger well; update Water Model in FY15 to determine if Water
Plant #4 needs replacement or other options; continue replacing undersized, deteriorated or AC water
mains; and continue sewer rehabilitation.
Minutes-City Commission Budget Workshop
PageS
August 13,2014
She explained the current issues, stating they have finished with Phase I (Temporary Facilities) of the
Reclaimed Water Facility and are sending water to the Golf Course. She stated Phase II (Permanent
Facilities) is under construction and on schedule. She showed a slide of the Hydropneumatic Tank,
which will keep pressure in the system. She also showed slides of the new wetwells that were installed
and the new electrical building. She answered questions from the Commission.
Mr. VanLiere showed the chart of the ten-year plan for Public Utilities. Discussion ensued.
Other Items
Answering a question from Commissioner Mark regarding merging the departments, Mr. Layton
explained it will be completed by the time Ms. Kaluzniak leaves in March 2015, but starting October 1,
he will be getting more into her department. He stated Rick Carper will be here at least through the end
of the calendar year as part-time help.
Commissioner Daugherty asked Mr. Layton, since they are putting all their eggs in one basked, if he has
a plan to replace himself should anything happen to him. Mr. Layton stated there will be two deputies
hired and the idea would be for one of them to take over when he retires. Mr. Van Liere stated the
people Ms. Kaluzniak has running the plant right now and their operators know how to run that plant
and could get you through a good stretch of time while you found someone to replace him. He stated,
also, there is a company that you can contract with to hire operators to come run the plant if they have
to.
Mayor Woods stated she has noticed some of the shrubbery in the medians along Atlantic Blvd. needs
replacing. Mr. Layton stated they are asking the landscaping people about that right now.
Mayor Woods discussed getting shelters for the bus stops and for the transfer station. She stated when
they set aside some money for improving Mayport Corridor, bus stops may be a good start. Discussion
ensued about whether to have the City buy them or to allow JTA to put them in with the advertising on
them.
Courtesy of the Floor to Visitors
This item was taken out of sequence and acted on earlier in the meeting.
There being no further discussion by the City Commission, the Mayor declared the meeting adjourned at
8:10p.m.
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor
AGENDA ITEM# IE
SEPTEM BER 8, 20 14
ATTACHMENT A
The Conservation Acquisition of Bennett's Landing
Local conservationists h ave begun an initiative to gain support
from the City of Atlantic Beach for the conservation acqu isitio n of a
marsh front property (Bennett's Landing) that s its directly adjacent to
Tideviews Preserve at 280 Cameli a Street, Atlantic Beach Fl 32233.
This property will not only provide a new entrance to Tideviews
Preserve for local ci t izens but it will a lso create a passive pocket park in
the Marsh Oaks neighborhood.
In light of the fact that Atlantic Beach is over 99% built out and
this land is one of the last remaining marsh front properties that has yet
to be developed, it is imperative that our community come together to
conserve this unique c r eek front property.
After the conservation acquis ition of the property, l ocal donors
have already agreed to pay for native landscaping on the property that
may include fruit trees a nd a butterfly garden.
It is possible that if this property is not purchased in the next year,
this property will be lost to development forever.
The citizens of Atlantic Beach ask that the City of Atlantic Beach
Comm ission include the p ubli c acquisition of Bennett's Landing in the
2014·-2015 City of Atlantic Beach Budget.
0
1<40 0 0
Subj ect
0
0
AG ENDA ITEM 11 IE
SE PTEMB E R 8, 201 4
!
1 i
0
:
l
....
0
0
0
L-------------~8 ~7---
> v ' 170862 0000
280
."""""'_ ....... ;~
:
!
2 67 ~""'-
i 2 6$
c 259 i
276
272
: ------!q_~--~-~
: : 257 :
11--: ! 1 41 1, _____ _
•.____ I
266
j
TAX LOCATION MAP (SUBEJ CT PROPER TY OUTLINED I N DARK RED)
MOODY t\l'l'I.{AISAL
II
AGENDA ITEM # I E
SEPTEJ\1~E R 8, 2014
AGENDA ITEM# I E
SEPTEMIJE il8, 20 14
SITE DESCRIPTION
AGENDA ITEM# lE
SEPTEMBER 8, 2014
Location: The subject property is located at the south west corner of Camelia Street and
3rd St. W. in Atlantic Beach, Duval County, Florida 32233
Address: Camelia Street
Zoning/Land Use: ARG-lA (Atlantic Residential Single & Two Family)
Size: 13,840 ±square feet (gross) or .32± acres (gross)
Shape: irregular
Topography: Even, above & below rd grade
Vegetation: A mixture of Wax myrtle, evergreen cedar, live oak, palm trees, palmetto,
mulberry, guava, ligustrum, sycamore and salt water marsh grass
Easements/Encroachments: None noted.
Retention: None
Frontage: 70' on Camelia Street
Access: Street access good; water access for the subject property appears to be good during
high tides once Atlantic Beach Public Works completes drainage improvements.
Flood Map: 1200750001D, dated April14, 1989
Zone: AE,X.
Utilities:
Water and Sewer: None connected to the site but in the vicinity.
Telephone: None connected to the site but in the vicinity.
Electrical Service: None connected to the site but in the vicinity.
Police and Fire Protection: Duval County
Availability: Water and power utilities are available along Camelia Street.
Real Estate Parcel Nos.: 170862-0000
Combined Assessed Value (2012): Combined-2012 $94,921
Combined Real Estate Tax (2012): Combined-$1,000.32
MOODY APPRAISAL
9
VIEW OF SALTWATER MARSH LOOKING WEST
CLOSER VIEW OF SUBJECT BULKHEAD AT LOW TIDE
MOODY Al'PHAISAL
14
AGENDA ITEM II I E
SEPTEMIJER 8, 2014
Mr. John November, Esq
January 20, 2013
Page Two
AGENDA ITEM# lE
SEPTEMBER 8, 2014
This appraisal assignment was not made, nor was the appraisal rendered on the basis of a requested
minimum valuation, specific valuation, or an amount that would result in approval of a loan.
The highest and best use analysis of the subject property and the valuation estimates contained in this
report are subject to the legal limitations of the land use identified herein. Furthermore, unless
otherwise stated, it is assumed that the subject conforms to current zoning and land use requirements
and complies with the Comprehensive Land Planning Act of Duval County.
Subject to the assumptions and limiting conditions and definition of market value as set forth in this
summary appraisal report, it is my opinion the market value of the fee simple interest of the property
legally descdbed, as of February 20,2013 is as follows:
ONE HUNDRED FIFTEEN THOUSAND DOLLARS
($115,000)
Thank you for the opportunity to have been of service to you in this matter.
Respectfully submitted,
MOODY APPRAISAL
Carl E. Moody
State-Certified General Real
Estate Appraiser RZ 1417
Camelia Street
No other appraiser rendered assistance
2022 MARYE BRANT LOOPS., NEPTUNE BEACH, FLORIDA 32266 TELEPHONE: 904/634-4741 FAX TELEPHONE: 904/270-1385
Agenda
• August 13, 2014
• Budget Policy
• Strategic Priorities
• Revenue Overview
• Expense Overview
• Public Works
• Public Utilities
AITACHMENT B
• August 20, 2014
• Commiss ion and
Administration
• General Government
• Recreation and Events
• Public Safety
• Building, P lanning and
Zoning
8/13/2014
AGENDA ITEM # 1 E
SEPTEMBER 8, 2014
1
-~~~~~~~~
Introduction
• An Annual Operating Budget is one of the City's most
important work products that a City Manager is tasked
with.
• Th is document gives t he City Officials the authority to
co ll ect revenues and pay the expenses.
• It allocates the resources among departments in li ne
with the Commission's priorities and poli cies by
setting limits on how much each department can
spend.
Strategic Priorities Summary
• Tipping Fees -Settlement offer made, now waiting a
response from Jacksonville.
• Golf Course -ABCC under construction with re-use
water supplied by Atlantic Beach.
• Recruitment and Retention of Staff-Numerous
positions turned ovee and reorgani zed
• Police Building -Cons u ltant del ivered report on 8/n
indicating we can move forward at t he existing site.
• Marsh Master Plan Improvements -Pl an is
undergoing a scope change as the origina l plans have
met oppos ition .
ACENOA ITEM# I E
SEPTEMBER 8, 20 14
8/13/2014
2
Strategic Priorities Continued
• Maxgort Road Corridor/Marsh Oaks Neighborho ods -Th ere we re n o tasks
associated w it h this goal. After some tu rnover, we n ow are staffed with the
appro priate Individ u a l to carry these efforts forward. Use of g ra n ts is an o ptio n
b e m g explo red at thi s time . Cod e r evisio n s will a lso P.lay a n impo rta nt rol e in
this e ffo rt. 2 01 Mayport Road uJ1d er co n s truc tio n w11l tra n sform tha t ar ea.
• fjl.dcs Planning_-W ith t h e recen t completio n of Rose Pa rk, the im p r ovem e nts
to Donner Pa ri< and t h e effo rts towar ds the Ma rs h Master Pl a n , focu s h as s hifted
towards catc hing up o n m ain ten a n ce a nd s ma ll impro vem e n ts in o ur e xis ti ng
parks.
• N e w Side walks -The s id ewa ll< improve m e nts o n Sturdivant Ave p art o f the
Sa lta ir p ro ject a n d the Dutto n Isla nd Road a nd East Coas t Drive projects a re
d o n e.
• lgcentiyes for Economic Pevetop..m.enl-The Planning Dlrecto1· w ill be
focus ing new a ttenti o n to this o bjecti ve in the comi ng year. Specifi c tasks ar e
v agu e in this a rea.
• Sto rm Water Mas t e r Plan Pro je cts -Include d in the c urre n t yea r 's bud get was
the Sa lt a ir Dra ina ge Improvem ents . This p roj ect is approaching 6o% d esign.
• Idcntj(ying City Boundaries -D OT s peci fi e d s ig n age is in progress.
Budget Policy
• The Budget Policy is a doc ument adopted by the City
Commission that sets the guideline s for a City
Manager to propose a budget.
• This ens ures that during the process the mos t
important criteria are met in the construction of the
budget.
• This creates the min imum expectations fo r the elected
officials and the citizens.
AGENDA ITEM# IE
SEPTEMBER 8, 2014
8/13/2014
3
Budget Policy Highlights
• Strategic Planning w ith
Citizen Input
• Current Level of Service
• Current Tax Rate
• Balanced
• 25% Operating Reserves
• All authorized positions
funded
• 3% Merit Pay Increases
subject to funding
availability.
• Include a ten year
projection of major funds
• Pension Trust Fund to be
funded per Actuary Report
• Capital Items necessary for
current service are
included
Capital items for increased
service to be highlighted in
Workshops
-otal RevenueSby-Fund 2015
Proposed
• General Fund
• Special Revenue Funds
• Debt Service Funds
• Capital P l'oject Funds
• Enterprise Funds
• Trust Funds
• Total Revenues
$nau,o92
1,428,149
0
230,000
11,686,252
3 ·568.124
AGENDA ITEM# I E
SEI'TEMOER 8, 20 14
8/13/2014
4
Revenue in Summary
• Property Taxes Millage the same at 3.3285
• State Shared Revenues Estimate at $109,ooo increase
• Transfers Reduced
• Utility Rates No Water I Sewer Rate Increase
• Sanitation Rates
• Storm Water Fees
• Permit Fees
• User Fees
• Grants
• General Fund
No Garbage Rate Increase
No Increase
No Permit Fee Increase
No Increase
As approved
• Special Revenue Funds
$11,269,427
1,809,207
0 • Debt Service Funds
• Capital Project Funds
• Enterprise Funds
• Trust Fu nds
• Total Expenses
2,925,000
12,870,935
1,710.919
AGENDA ITEM # IE
Sll:PTEM il ER 8, 20 14
8/13/2014
5
Resource Allocation
• Pe rsonne l Services
• Operating Exp en ses
• Ca pital O u t lay
• Deb t Service
• Transfe rs
• Total Expenses
Cily of AUa ntk Beac h
Sc htdo\t of AvoUoblt C11h Doloom
t.1oj01 fuodt
$9,278,oo6
10 ,678,751
6,682,986
2,147,535
1.3 48.210
FY·2015
fY·201~ Ully~o Rom .. ~r UIJy TOW Romo ....
Proft<lod 7Sll ()pof>t""l Scatlo;.on C•~omor 11 fNII 01 Rtnt\YJI 11\4 Ot!>t Stt.lct Rolllklod Aolll~t
Eni~• !bl .. <t AttiM F .... Dt•• .. ll Do~ """ Rtdi<tiT'efl Rtttf\t Caoll Ctrh
Gutrllful'!d 5,9$5,901 2,701,63:1 2.101 ,"2 3281,22:
c.,...,.;,. o"'''""''" Tu 49,7U 0 41,711
Gu Tu 65,7ll 0 61 7Ja
111 c.,, s~ .. r .. ms1 0 77,151
Biii.Sng D•P"'mtnl 312,8112 "315 a.t,lll 211m
Pulli<UrjiJn 3,797.226 116,:112 4VO OGO 531 .!13 1101100 1,0!7,025 3235,310 611.18
S"'m Wa!ot Vttly 761,690 lll,Gil 210,826 ne.m 373,152
S11tt1Cion 619,6SI 441021 419,0l5 210,670
Otb!Sti'Aet 0 0 0
Uuc:dlni,UI Mdt 34 1,746 tOO )IS 100,3~ 211,351
Ptnskll Trv•\Fund1 2Hll.ttl 2UlOtt7 219311 ttl 0
T01oto 37.011411 4Jl90Sl jJO,OOG ~lt 911 ~OJOStl ~mo 1297111 3111!)!3 smm
AGEN DA IT EM# II~
SEI'T EMBE R 8 , 2014
8/13/2014
6
Personnel Services Summary
• Net increase of 1h a n employee
• Organizational changes in almo st a ll departments
• Raises of 3% merit with 1% C.O.L.A. adjustment t o pay
plan. 1% more to Police officers to off-set increased
pension co ntributio n s
• Raises cost $192,293 city wide -$64,097 p er 1%
• Without rai ses, we would h ave a slight decrease i n total
payroll from reorganizations and turnover off-setting the
increases in Health Insuran ce and the ad d ed empl oyee.
• Pension cost is down about $95,ooo
Operating Costs
• Contractual Increase in the Fire I Rescue contract of
3%
• Sanitation cos t negotiated to s tay the same for
residential but increase for comme rci a l tipping fees.
• Maintenance Cos ts for the Fleet is r elative ly the sa m e
• Pension cost in b enefits p a id indicates a large d ecrease
primari ly due to an unusua lly large payout in the
current year.
A GENOA ITEM #IE
SE I'TE MBER 8, 20 14
8/13/2014
7
~::-----~~::::=:::::::::;;~~
~ Capitallmprovements
• Seminole Road Streetscape
• Police Bui lding
• Marsh Master Plan
• Sa ltair Drainage & Sidewalks
• Replace Effluent Outfall Line
• Ru ssell Park Improvements
• Water Main a tAlA & Mallard Cove
$1,6oo,ooo
2,6oo,ooo
325,000
380,000
320,000
250,000
120,000
• Francis Street Improvements-CDBG 91,386
75,000
200,000
• Bu ll Park Playground Equipment
• Bennett's Landing
~ --,..::--Equipment Purchases
• Phone System
• Server and Network Equipment
• Laptop Computer Rep -Police
• Po lice In-Car Video Equipment
• Three Police Cars Equipped
• Mowers
• Small Utili ty Vehicle for park access
• Meter Reader Truck
• Lift Station Maint. Truck & Crane
• Truck Replacement for Sewer Division
• Compact Excavator
102,500
68,ooo
32,500
20,000
120,000
25,000
19,000
20,000
4 5 ,000
25,000
6o,ooo
AGENDA ITEM# I E
S EPTEMBER 8, 2014
8/13/2014
8
~~General Fun ReveriUe
Diversification
Tota l 201 5 General Fund Revenues
CAd Valorem Taxes
c Intergovernmenta l
D Fines an d Forfeitures
c Misce llaneous
• Licen ses and Permits
•lnterfund Transfers
a Charges for Serv ices
• Ut ility, & Bu siness Taxes
AGENDA ITEM # IE
SEPTEMB E R 8, 2014
8/13/2014
9
AGEN DA ITEM # l E
S E PTEM B ER 8, 20 14
8/13/2014
10
General Fund Expense Distribution
Tota l 2015 General Fund Expenses
•City Administration
CI General Government
CPublic Works
Cl Planning and Development
• Public Safety
Cl Parks and Recreation
AGENDA ITEM# I E
SEPTEMBERS, 20 14
8/13/2014
11
General Fund
16
1 14
12
10
8
t! !I 0
0 6
4
2
0
-Personnel Services -operating -Capital !::~Transfers -+-Revenues I
_;.----= =
L>ther ·Topics to Discuss
• Tipping Fees
• Annexation
• One Solution
• Disaster Preparedness
• Mayport Corridor
• Public Works Yard
• Debt Service Savings
• Technology I
Information Issues
• Charter Review
• HRO
• 201 Mayport
AGENDA ITEM II IE
SEI'TEMBE R 8, 2014
8/13/2014
12
AITACHMENT C
PUBLIC WORKS BUDGET
FY 2014-2015
PWADMIN
STREETS & ROW MAINTE NANCE
BUILDING MAINTENANCE
PARKS MAINTENANCE and
BEAUTIFICATION
STORMWATE R
Fleet Maintenance
Sanitation
PUBLIC WORKS
ORGANIZATIONAL CHART
} ••I>IJc .:
· \V'oikt .,
OCtut:ur ..
:~--=:· :,·~
''i'·
Lo u<~><•P• aOaJ h<~
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'\·~~~~ll.l>\.,
AhdJJvl1 dii\M
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::: ,.1\11~1 1!1)
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,. .. ~nloloo
:: llull4~ .. ~
' $~il\ . .'
. Mol~l•rvi~<O
:~ W•rlrC't'
:.~ ·,
AGENDA ITEM# IE
SEJ'TEMDER 8, 20 14
1
_,.A)RrMARY RESPONSIBILITIES
• Streets, rights of way, parks, city buildings,
stormwater, sanitation and fleet
maintenance.
• State permits: NPDES I MS4, stormwater
treatment, fuel systems.
• Commercial and Residential Plan Review,
including ROW permits and stormwater
utility fee calculations (commercial ).
• Combining with Utilities in FY 14-15.
FACILITIES MAINTAINED
BY PUBLIC WORKS
• 55 Mil es Paved Streets and Rights of Way
• 54 City Buildings (25 are lift stations)
• 6 Stormwater Treatment Ponds
• 27 M il es of Storm water Pipe
• Over 1440 Stormwater Structures
• no,ooo LF Stormwater Ditches and Swales
• 1 Stormwater Pump Station (share d with NB)
• 104,ooo LF Sidewalk & 8' Multi -Purpose Paths
• 15 Parks (6 Active, 6 Passive, 3 Preserves) p lus 1.6 Miles of
Beach
• 3 Color Spots
AGENL>A ITEM II IE
SEPTEMBER 8, 20 14
2
~:.--PUBLIC WORKS TOTAL BUDGET
---~----
. 14-15 Budget
General Fund $1,806,498 $1,542,524
Gas Tax $398,225 $410,000
Half Cent Sales Tax $231,926 $830,000
Sanitation Utility $1,817,765 $1,801,000
Capital Project Fund 191,658 325,000
Stormwater Utility $1,341,554 $1,871 ,278
TOTAL $5,787,626 $6,779,802
GENERAL FUND
• PW Ad1nin -Project Management, Plan Review,
Contract Administration including Construction and
Sanitation contracts, etc.
• Streets and Maintenance -ROW, Town Center &
Median maintenance.
• Parks -Maintenance of green space, parks -
playgrounds, color spots, beach cleaning.
• Building and Fleet Maintenance -City Buildings
and vehicles I equipment.
AGENDA lTEM # IE
S EPTEMBER 8, 2014
3
/
I
MAJOR CAPITAL ITEMS
FOR FY14-15
llem
Russe ll Park Phase 1
Replace Bu ll Park Playground
Frances Street
Seminole Road Improvements
Compact Excavator Purchase
Street Resurfacing
Marsh Master Plan Kayak Launch
I Overlooks
Roberts Street Ditch (AB design -
FDOT construction)
Budget Request
$250,000
$75,000
$92,000
$!,600,000
$6o,ooo
$300,000
$325,000
$0
AGENDA ITEM #I E
SEPTEMBER 8, 2014
-·~ + ~"
. '
4
-ol .,..,....
Dutton Island
Fishing Pier I Overlook
W. 6th Street
Fishing Pier I Overlook
~~~~~~~~,.~:;::==;;:::<:::
I
I
I
I
i
I
AGI!:NDA ITEM# I E
SEPTEMBER 8, 20 14
5
GAS TAX
RESURFACING PROGRAM
• FY 14/15 -$3oo,ooo budget proposed
(augmented from Half Cent Sales Tax):
• Overall Condition Index (OCI) -73.6 (Very Good)
(2013 score)
• Current year paving completed.
Street
Resurfacing
Since 2005
AGENDA ITEM# IE
SEPTEMBER 8, 2014
6
PAVEMENT MANAGEMENT
2014-2015 ROUGUE'S GALLERY
Street Nam e St arling Poi nt Ending Point
Dutton Is land Rd Park Gate End of Asphal t
W. 14th Street 1 Main Street Begonia Street
l'rancis Avenue 1 Donner Road Jackson Road
Beach Ave n ue Altern 7th Street
Jas mine Street 2 W. 6th Street Cul-De-Sac
4th Street 2 E01st Coast Drive Ocean Blvd
Selva Lakes Circle Parlcsldc Drive Parksld e Drive
Sturdivant Avenu e Sherry Drive Seminole Road
W. Plaza Drive 3 Tu lip Street Li ly Street
O ceanwalk DriveN. Oceanwa lk Dr W. Oceanforest Dr N
SandpiperL;me E. Donner/Sandpiper Linksi de Drive
Seminole Road 3 18th Street Turn Around
Vikings l<~ne Belvedere Street Nautical Blvd. N.
2oth Street 2 Seminole Road Selva Marina Dr.
W. )td Street 2 Main Street Mayport Road
Seminole Road 2 5 Points 18th Street
STREETS IN RED PRODADLE2o14 -15 PROGRAM
__ ::::---
I •
OCI
47 ·08
47·08
47·!):1
48·)3
48·33
50.00
51.:15
5 1•2 5
5 1•2 5
51.67
51.67
5t.0
5'·0
;.z.o8
52·08
52.08
AGE NDA IT E M If J E
SEPTEMBER 8 , 20 14
7
Storm Wat er Utility
AGEN DA ITEM II IE
SEPT EMB E R 8, 201 4
3 -.--------
~
~
~
1
0
-Porsonnoi Sorvlcos -operating c:::IOebl -capital =Tr ansfers -Revenu~
Gas Ta x Fund
600 ~--------------------------------------.
l 500 ~~~======~;;~~==~~==~~~~1
400
300
200
100
0
•Oper at i ng •Ca pital t=!Transfe rs +Reve nues J
8
~
~
&
(:
Sanitation Fund
3,000
2,500
2,000
1,500
1,000
500
0
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
«-1.""'c::, ¢-~ «4.~ «-1.~ «-1.~ «-1.""'c::, «-1.""'~ «-1.tt-~ «-1.~ «-1.tt-~ «-4.,.,~ «4.""'~ «-1.""'~
-Personn el Sorvl cos -o p erating -Ca pital t=!Tran s fors -Re venuos
AGENDA ITEM # I E
SEPTE MBER 8 , 2014
9
ATTACHMENT D
---~ Primary ResporlSibilities
• To protect the environment and Rublic health through
compliance with local, state and federal regulations
• Water
• Supply
• Treatment
• Distribution
• Wastewater
• Collection
• Treatment
• Reclaimed Water
• Treatment
• Distribution
8/13/2014
AGENDA ITEM II IE
SEPTEMBER 8, 20 14
1
AGENOA .ITEM# IE
SEPTEMBER 8, 20 14
~~ies-Inside ana ·outside City
Service Area
• 1 Wastewater Treatment Plant
• 4 Water Treatment Plants
• 30 Lift Stations
• 1 Stormwater Pump Station
• 104 Miles of Water Main
• 68 Mi les of Gravity Sewer
• 28 Miles of Outfall & Force Main
• 3 Mi les of Reclaimed Water Main
• -8,200 Water services and meters
• -8,100 Sewer servi ces
• 180 Reclaimed water services and meters
~~tlantic Beach Utility Service Area
N
A
8/13/2014
2
Public Utilities Flow Data
Treatment Plant Design Capacity, Actual Flow, MGD
MGD
Wastewater Treatment Plant-3·5° 1.80
Annual Average Daily Flow
Water Plant 111, Max. Day ).17 2.06
Water Plant #2., Max. Day 2.90 1.40
Water Plant 113, Max. Day 1.87 1.00
Wate r Plant #4, Max Day 0.25 0.2.0
~~ Puhlc UtilitieSS'taffing FY15
• 21 people plu s part-tim ers as n ee d ed to avoid OT
GiS/Crou
Connfctlon Ttth
Uclliry Dirottor
Pianco DiviJ itn
Director
[
WIIJtcwitcr PJ .. nt
Suruinttndent
Witcr PtllnU
Superlnrendent
lleovy Equlpm<nC J
Operator
Water/Wa,.tw.ltcr
Trulmc:nl Pl•nt
Operocon Rococins
(?)
~
Dhcribucion/Colloo
cion Oivition
Olrtctor
iocrlbutlon/Coii•C:
cion Op<rotou (4)
Lift Scotlon
Ttc-hnlcl•n
M<Ccr Rcod<rt (•)
8/13/2014
A GENOA I TEM # I E
SEf•TEMBER 8, 2014
3
~osed Budget
Fund
Water Production
Sewer Treatment
Distribution/Collection
Non-Divisional
TOTAL
Non-Divisional includes:
• Transfer to General Fund
• Inte rnal Se rvice Ch a rges
• lns ul'a nce
• Debt
FY14 Budget
(Est.)
$1,103,287
$3,003,844
$2,178,739
$J,800,158
$10,o86,o28
-----~esource Allocation
FY15Budget
$ 745.907
$1,638,322
$2,670,858
$3,805,990
$8,861,077
Allocation FY 14 Budget (Est.) FY 15 Budget Proposed
Pe rsonnel Services
Operating Expenses
Ca pital Outlay
Debt Service
Transfer to General
Fund
TOTAL
Budget Va riances
$1,848,278
S3,U7,460
$2,463,352
$2,027,078
s6:z.9,86o
$1o,o86,o28
• Perso nne l -Trans fer o f Meter Read ers fr o m Finance to Utiliti es
$1,947.401
$2,902,800
$1,459,000
$1 ,936.709
$ 615,167
s8,8']s,o77
• Capita l -Completion o f Recla imed Water Faciliti es and Water Tank
Pro jec ts
8/13/2014
AGENDA ITEM# 1 E
SE PTEM BER 8, 2014
4
Major Funding Sources
• Water, Sewer and Recla i med Rates & Fees
• System Deve lopment Charges (Impact Fees)
• Grants
• Loans
=-
Water Capital Items for FYlS
Item Budget Request
Connect Water Main at Mallard $12o,ooo
Cove
Rep lace Water Ma in on Seminole
Rd .
Modeling Di s tribution System
and Video-Logging Wells
$700,000
$ 6o,ooo
8/13/2014
AGENDA ITEM# I E
SEPTEM R E il 8, 2014
5
__:.--=
·-sewer Capital Items for FY15
---
,Jl,u~get Request ,
Effluent Outfall Rep lacement
(Shared with 3 Beach Cities)
Fiberglass lining of 2 Lift
Station Wetwells
Fence/Wall at WWTP
Reuse Irrigation System
$320,000
$30,000
$8o,ooo
$20,000
Major Items in 10-Year CIP
• Jockey Pump for Water Plant #1 -S35,ooo
• Replace 2 small wells at Water Plant #4 with 1 larger
well -$4oo,ooo
• W ill update Water Model in FY15 to determine if
Water Plant #4 needs replacement or other options
• Continue replacing undersized, deteriorated or AC
water mains
• Continue sewer rehabil itation
8/13/2014
AGENDA ITEM# lE
SEI'TEMBER 8, 20 14
6
Current Issues
• Reclaimed Water Facility
• Phase I (Te mporary Facilit ies) complete
• Pumping Reclaimed Water to Go lf Co urse as of 6/n/1 4
• Ph ase II (Permanent Facilities) under co n struction a nd o n
sc h edule
-Reclaimed Water Faci1ity
Construction
Installing the
Hydropneumatic Tank
AGENDA ITEM# I E
S EPT I):MDER 8, 20 14
8/13/2014
7
Construction
Installing the New Wetwell New Electrical-
Jnstrumentation Building
Reclaimed Water Irrigation
AGENDA IT EM# I E
SE I•T EMBER 8, 20 14
8/13/2014
8
.~
1!1 ::!
Sewer Rehabilitation Project
16
14
12
10
8
6
4
2
0
1:1 Personnel Services
~Transfers
Public Utilities
-operating Expenses
e~~:~Capital Outlay
~Dobt Servlco
-+-Revonu os
AGENDA ITEM II I E
SEPTEMBER 8, 20 14
8/13/2014
9
AGENDA ITEM# lF
SEPTEMBER 8, 2014
Minutes-Town Hall Meeting at Gail Baker Community Center-Tuesday, July 22, 2014
Meeting Start: 6:30 p.m.
Commissioners Attending:
Mayor Carolyn Woods
Commissioner Maria Mark
Commissioner Jimmy Hill
Commissioner Jonathan Daugherty
Commissioner Mark Beckenbach
Topics Discussed with Citizenry:
1) Road Repair. Possible Sink Hole off Mayport Road near flyover.
2) Public Meetings should have White Board for keeping a running account of pros and cons on a
subject in order to keep the meetings focused.
3) Appropriate photos shot from ground level should be included in visual for the Commissioners
and Citizens, to show the expected changes in a more understandable picture.
4) The Ordinance Wording for Ocean and Beach Blvd "through lots" is not consistent with what
was initially stated as the intended consequence of the law. The recommended approval by the
Department Head, Mr. Griffin, did not take in to consideration accessory structures, and a
reduced distance to the right-of-way. Other unintended consequences are a concern.
5) Clarification of intent by the City is an important first step in correcting these and other code
issues.
6) Concern as to placing staff in a position to interpret laws due to poorly written ordinances.
7) Request for an audit of the process-Commissioner Hill.
8) Zoning Laws in many cases are vague. Suggestion to revisit Zoning Laws, broaden scope or be
specific as to limitations.
9) Mayport corridor has difficulties due to the Residential Zoning directly touching Light Industrial
Zoning and the vagueness of the accepted uses. (Need for clarifications of definitions and
limitations for the light industry requirements).
10) Zoning changes start at Community Development Board and move forward from there. Changes
to Zoning can be accomplished but it is time consuming.-Mayor Woods
11) Concerns were expressed about 40 busses located on light industrial property surrounded by
two (2) residential neighborhoods.
12) Human Rights Ordinance, religious beliefs, a concern pertaining to a possible infringement on
one's religious beliefs, the equal treatment of all peoples, litigation, small business concerns.
13) The passion and combativeness of the Commission concerning the HRO was observed,
conveyed to, and discussed with the Commissioners.
Meeting adjourned: approx. 8:00 p.m.
Carolyn Woods, Mayor
Minutes taken by Commissioner Mark E. Becken bach
*This meeting was videotaped with the City of Atlantic Beach's Portable Video System.
AGENDA ITEM# lG
SEPTEMBER 8, 2014
Minutes for Public General Discussion Meeting Held on Monday, July 7, 2014
Meeting Start: 3:00 p.m.
Attendees:
Commissioner Maria Mark
Commissioner Jimmy Hill
Commissioner Mark Beckenbach
City Manager Nelson Van Liere
A general discussion was initiated among the Commissioners and the City Manager pertaining to the
following topics:
1) The proposed Ordinance No. 5-14-61 submitted by the City Manager, Nelson Van Liere,
Amending the Code of Ordinances, Administration, Article II, City Commission, Sec. 2-16, Time
and Place of Regular meetings, to provide for two regular meetings.
2) Questions and answers as to the reasons staff were requesting a change from the
Workshop/Meeting Format.
3) A discussion as to the initial reasoning behind the previous change to the ordinance which
allowed a reasonable time for the education and review of Agenda Items by the citizenry.
4) Possible compromises to keep the citizenry informed and involved before a vote takes place
while allowing for the business of the city to move within a less restricted time schedule.
5) Proposed Ordinance 95-14-108 Amending Chapter 9 of the Code of Ordinances, to Prohibit
Discrimination: Providing for Conflict: Providing for Severability; and Providing for an Effective
Date.
Citizens Attending:
Mr. Chris Jorgensen
Dr. Mark Tomaski
Meeting Adjourned: 5:00 p.m.
Mark E. Beckenbach, Mayor Pro Tern
Minutes taken by Commissioner Mark E. Beckenbach
BUILDING DEPT. MONTHLY ACTIVITY REPORT
~~~~-
COMPARISON REPORT
REPORT FOR THE MONTH JULY 2014
!-~~~~~---~----------~---~--~~~~~~~~~-
COMPARISION 2013-2014
PERMIT TYPE
-~~-
~~---TOTAL INSPECTIONS __ __]NUMBER OF PERMITS~ Hl~ ___ :
YTD 2013 YTD 2014 YTD 2013 YTD 2014 YTD 2013 YTD 2014
~~~~t~~1~M!L:Y ---~-~ .. 2~ ~ .. ~=-==-=i I : :::;:::-:-:~-:-: +~~-===+-~=-~~~~~~!"~~~N::_·---=+--:--....•.
1
~-7 --------=+ -[ $ 2,225,427.00
OTHER -TOTAL---~_ ~ _l=~=-=c~-------------~_]~[=~----1::~:~!~~:~~ r-------=-29=-=7=-=5----r----:2::-::9-:-:42=----t
PERMITS ISSUED FOR THE MONTH OF JULY 2014
~~~--~--~-----
City of Atlantic Beach
FINANCIAL REPORT AGENDA ITEM# 4A
July 2014 SEPTEMBER 8, 2014
Cash Balances
Prior Current Dollar Percent
Fund(s) 06/30/14 07/31/14 Change Change
General $ 8,290,461 $ 7,840,056 $ (450,405) -5.43%
Tree Replacement 12,321 12,321 0.00%
Convention Development Tax 68,208 57,586 (10,622) -15.57%
Local Option Gas Tax 210,639 231,892 21,253 10.09%
Better Jax 1/2 Cent Sales Tax 442,182 460,494 18,312 4.14%
Police Training, Forfeiture, Grants, etc. 126,054 123,580 (2,474) -1.96%
Community Development Block & ARRA Grants (9,212) (9,212) 0.00%
Debt Service 0.00%
Capital Projects 2,974,792 2,983,334 8,542 0.29%
Utility 5,207,051 5,301,662 94,611 1.82%
Sanitation 729,966 739,435 9,469 1.30%
Building Code Enforcement 237,725 250,515 12,790 5.38%
Storm Water 1,804,837 1,724,309 (80,528) -4.46%
Pension -Police 10,704 (9,231) (19,935) -186.23%
Pension -General 229,754 251,795 22,041 9.59%
Total $ 20,344,694 $ 19,958,536 $ (386, 158) -1.90%
Total Restricted Cash 7,641,026
Total Unrestricted Cash $12,317,510
Cash and Investments
Annual Prior Current Dollar Percent
Account Yield 06/30/14 07/31/14 Change Change
Bank of America -Depository 0.20% $ 3,182,410 $ 2,849,601 $ (332,809) -10.46%
Guggenheim Floating Rate A 4.00% * 3,718,748 3,723,507 4,759 0.13%
Hartford Floating Rate Bond A 3.47% * 2,555,607 2,548,969 (6,638) -0.26%
lnvesco Floating Rate A 3.97% * 3,692,016 3,685,718 (6,298) -0.17%
MainStay Short Term Duration High Yield A 2.92% 2,592,133 2,564,151 (27,982) -1.08%
First Trust Short Duration High Income A 3.71% * 2,036,773 2,027,280 (9,493) -0.47%
Putnam Diversified Inc. 3.76% * 1,288,535 1,290,462 1,927 0.15%
Alliance Limited Duration High Income A 2.23% * 1 ,273,192 1,263,566 (9,626) -0.76%
MSSB Money Market/Cash 0.05% 1,778 1,778 0.00%
SBA-Florida Prime 0.16% 352 354 2 0.57%
Cash on Hand 3,150 3,150 0.00%
Subtotal $ 20,344,694 $ 19,958,536 $ (386, 158) -1.90%
Police Pension Investments $ 8,262,431 $ 8,151,570 $ (110,861) -1.34%
General Pension Investments 14,858,676 14,667,936 {190,7402 -1.28%
Subtotal $ 23,121,107 $ 22,819,506 $ (301 ,601) -1.30%
Total $ 43,465,801 $ 42,778,042 $ (687,759) -1.58%
* Denotes the 30 day SEC Yield Anualized
City of Atlantic Beach
FINANCIAL REPORT
July 2014
AGENDA ITEM# 4A
SEPTEMBER 8, 2014
Revenues
Annual YTD -83.00% YTD Dollar
Fund I (Footnote) Estimate of Estimate Actual Variance
General $ 10,933,571 $ 9,109,708 $ 10,206,572 $ 1,096,864
Convention Development Tax 80,300 66,910 77,019 10,109
Local Option Gas Tax 421,009 350,830 353,519 2,689
Better Jax 1/2 Ct Sales Tax 694,870 579,050 599,178 20,128
Police Training, Forfeiture & Grants, etc. 110,041 90,939 108,842 17,903
Grants 141,399 84,633 131,286 46,653
Capital Projects 489,780 410,740 329,232 (81 ,508)
Utility 8,727,453 7,214,630 7,111,235 (103,395)
Sanitation 1,789,000 1,490,830 1,513,339 22,509
Building Code Enforcement 281,550 234,590 351,028 116,438
Storm Water 1 '155,000 962,500 1,025,407 62,907
Pension -Police 1,329,681 1 '1 08,050 1,060,158 (47,892)
Pension -General
Total $
2,190,980 1,825,810 1,791,847
28,344,634 $ 23,529,220 $ 24,658,662
Analysis of Major Variances
(Variances >$25,000 AND 10.00%)
(33,963)
$ 1,129,442
In general, the major variances are created when the actual funds received-to-date are different
from the percentage of the budget elapsed-to-date. They are as follows:
The positive variance in the General Fund is mainly due to the timing of property tax
receipts. The bulk of the receipts come in November and December. Additional items
included in revenues that provided a favorable variance to the amounts budgeted for this
period are increased earnings on pooled cash investments and proceeds from the sale of
the foreclosed property at 765 Sabalo Road.
A positive variance in Grant Funds occurred this period, as projects were completed and
grant reimbursement was requested and received earlier in the year.
The city has not received expected grant monies for the Marsh Master Plan from the State
of Florida nor the City of Jacksonville, as conceptual design discussions are still in progress;
therefore there is a negative variance in Capital Project Funds.
Building Code Enforcement Fund permit activity is running above projected revenues,
similar to surrounding jurisdictions and counties.
Percent
Variance
12.04%
15.11%
0.77%
3.48%
19.69%
55.12%
-19.84%
-1.43%
1.51%
49.63%
6.54%
-4.32%
-1.86%
4.80%
City of Atlantic Beach
FINANCIAL REPORT AGENDA ITEM# 4A
July 2014 SEPTEMBER 8, 2014
Expenses
Annual YTD-83.00% YTD Dollar Percent
Department Estimate of Estimate Actual Variance Variance
Governing Body $ 42,933 $ 35,730 $ 31,679 $ 4,051 11.34%
City Administration 2,689,720 2,219,997 2,033,107 186,890 8.42%
General Government 653,078 537,662 518,915 18,747 3.49%
Planning and Building 434,709 362,130 298,084 64,046 17.69%
Public Safety 5,715,716 4,749,979 4,375,738 374,241 7.88%
Recreation and Special Events 411,551 335,533 293,874 41,659 12.42%
Public Works 7,926,078 6,578,462 4,651,110 1,927,352 29.30%
Public Utilities 10,757,956 8,970,687 7,756,426 1,214,261 13.54%
Pension -Police 751,628 626,310 645,615 (19,305) -3.08%
Pension -General 11102,850 793,983 776,998 16,985 2.14%
Total $ 30,486,219 25,210,473 21,381,546 $3,828,927 15.19%
Annual YTD-83.00% YTD Dollar Percent
Resource Allocation Estimate of Estimate Actual Variance Variance
Personnel Services $ 9,495,693 $ 7,914,301 $ 7,460,721 $ 453,580
Operating Expenses 11,075,513 9,049,554 7,791,882 1,257,672
Capital Outlay 5,783,296 4,812,265 2,428,951 2,383,314
Debt Service 2,448,773 2,040,492 2,310,344 (269,852)
Grants and Aids 51,470 35,553 32,895 2,658
Transfers
Total $
1,631,474 1,358,308 1,356,753
30,486,219 $ 25,210,473 $ 21,381,546
Analysis of Major Variances
(Variances >$25,000 AND 10.00%)
1,555
$ 3,828,927
In general, the major variances are a result of timing differences created between the percentage
of budget elapsed-to-date and actual expenditures. They are as follows:
The positive variance in Planning and Building resulted from turnover and vacancy savings
during the fiscal year, coupled with reorganization of positions.
Recreation and Special Events has also experienced savings due to turnover and vacancy in
their department.
The variance in Public Works was due to: project activity budgeted that has not been
completed -see Project Activity schedule; Storm Water Fund debt payments were expensed in
October when paid, but prorated for budget purposes; and minimal expenses have been
incurred towards the Parks Master Plan consultant or the resurfacing/street paving program.
The variance in Public Utilities is due to budgeted project activity that has not been started I
completed or will be re-budgeted in a future fiscal year.
The negative variance in Debt Service resulted from timing differences between payment of
debt service and the budgeted expense allocation.
5.73%
13.90%
49.53%
-13.22%
7.48%
0.11%
15.19%
City of Atlantic Beach
FINANCIAL REPORT AGENDA ITEM# 4A
July 2014 SEPTEMBER 8, 2014
Project Activity -Current Year Activity Only
Project YTD YTD
Project Name Number Budget Actual Encumbrances Balance Status
Public Safety:
Kennel Improvements PS1401 40,000 35,957 4,043 I
Enclose Under Portion of Lifeguard Bldg for Equipment Storage PS1402 6,000 3,634 2,366 c
$ 46 000 $ 3 634 $ 35 957 $ 6 409
Public Utilities:
Reclaim Water Facility PU0805 1,352,269 968,534 384,322 (587) I
Replace the Water Main on Pine Street PU1304 53,199 53,199 c
Replace 4" Water Main at Wonderwood and Finegan PU1305 58,852 58,852 c
PT Repair at Lift Station C PU1306 22,397 22,397 I
Repair 24" Effluent Force Main PU1308 5,260 5,260 c
Repair 12" Force Main PU1309 3,363 3,363 c
Water Plant #2-Rehab Elevated Tank PU1401 125,000 122,540 2,460 I
Water Plant #2 Rehabilitation Ground Storage Tank PU1402 121,528 121,528 c
Replace Water Maint-Sea Oats & Park Terrace PU1403 168,472 168,472 R
lnline Valve Installation PU1404 50,000 16,599 33,401 I
Replace Manhole on Saturiba PU1405 73,883 54,450 19,433 I
Sewer Rehab Saturiba & Sea Oats PU1406 190,000 153,000 37,000 I
Donner Subd Sewer Rehab -HMGP Grant PU1407 155,000 137,719 17,281 I
Effluent Outfall Replacement PU1408 137,264 8,746 13,395 115,123 E
Effluent Pump at WWTP PU1409 50,000 33,940 14,478 1,582 I
Connect A1A at Mallard Cove PU1410 130,000 12,873 117,127 E
Subtotal $2,696,487 $ 1,253,422 $ 931,773 $ 511,292
Parks Maintenance:
Marsh Master Plan Signs PM1301 625 625 c
Rose Park Development PM1302 237,440 210,850 14,399 12,191 I
Russell Park Tennis Courts 1-2 PM1401 100,000 100,000 s
Bull Park Gazebo PM1402 X
Donner Park Ball field Improvements PM1403 83,192 74,000 9,192 c
Electric Gate at Dutton Island Park PM1404 8,000 7,465 535 I
Marsh Project Pedestrian Path PW1408 150,000 22,054 125,165 2,781 E
March Overlook & Kayak Launch PW1409 293,000 293,000 E
Marsh Preserve Path Phase-1 PW1410 42,000 41,628 372 c
Subtotal $ 914,257 $ 349,157 $ 147,029 $ 418,071
Public Works:
Dutton Isle Road Sidewalks PW1301 61,707 61,033 674 c
East Coast Drive Drainage Improvements PW1306 319,546 213,837 1 '128 104,581 I
Fountain PW1402 7,500 6,245 1,255 I
Welcome Sign PW1403 15,200 6,974 8,147 79 I
Robert Street Ditch PW1404 50,000 25,840 17,227 6,933 I
Sidewalk and Curbs PW1405 25,000 497 583 23,920 I
Salt Air/Sturdivant Drainage and Sidewalk lmprovmts PW1406 380,000 49,083 26,156 304,761 E
Seminole Streetscape PW1407 498,000 54 117,920 380,026 E
Canopy Replacement on PW Building PW1413 78,900 48,420 30,468 12 I
Subtotal $ 1,435,853 $ 405,738 $ 207,874 $ 822,241
Total $ 5,092,597 $ 2,011,951 $ 1,322,633 $ 1,758,013
Status Key
A -Bid/RFP Advertised I -Project In-progress
B -Bid Awarded N -Complete/Non-Capital
C -Project Completed R-Re-budget Next Fiscal Year OR Re-Evaluated
D -Design Completed S -Staff Researching
DE -Deferred X -Project Cancelled
E -Design Phase
AGENOA ITEM# 4B
SEPTI::MB£1{ 8, 20 14
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: List of property to be declared surplu s
SUBMITTED BY : Ne lso n VanLiere, City Ma nage r
DATE: August 15,20 14
BACKGROUND: Over tim e, th e City accumulates various properties that lose
their usefulness due to deterioration or o bso lescen ce. Onl y
items deemed truly of no use to the Ci ty are on thi s li st.
T hese assets are eith e r not op erati o nal , ha ve been de emed
no longer cost-effective to repair, or we re received th ro u gh
forfeiture.
Department Description Seriai/VIN #
Lifeguar d 2008 Ford F-150 4 x 4 Pickup T ru ck 1FTRF14V78KD60349
Wate r De pt 2000 Ford F-150 Pickup Truck 1 FTZF1728YNA9541 1
Water Dept 2000 Ford F-350 Utility Truck 1 FDWF36F6YEE07689
W ater De pt 2000 Ford F -350 Utilit y T ruck 1 FDWF36F2YEE07690
Water D ept 2000 Ford F-150 XCab Pickup Tru ck 1FTZX172XYNA95410
BUDGET: T here is no budge t for thi s act io n
RECOMMENDATION: Declare thi s li st of property as s urp lu s so th at the items on
it may be dis po sed of in the most beneficial way to the
City.
AT TACHMENTS: None
REVIEWED BYCITY MANAGER: --Rt:' ~~
AGENDA ITEM:
SUUMJTTI!:O H\':
BACKGROllN D:
ULJOGET:
CITY OF ATLANTIC BEAC ll
CITY COMMISSlON MEETI NG
STAii'F llli i,ORT
AGENDA ITEM# 4C
SEPTEM BER 8, 2014
Contracts with Organ izations Providing Recreation Programs at City
Facilities
August 6, 2014
Timmy Johnson, Recreation Director
Several organization s have been offering recreational programs at City
facilities for many years. The Atlantic Beach Experimenta l Theater
(ABET) provides plays and theatrical events fot public participation and
enterta inment. Tennis professional Brecht Cata lan provides tennis lessons
on Atlantic Beach comts. In the past, each of these organizations entered
into a contract with the City of Atlantic Beach which included the
payment of a fee for the use of the facilities. These contracts have been
updated for City Commission approvaL
The organ iza ti on/person under co ntract prov id es opp01tunities for
inclusion and participation for low income residents who may not
ot herwi se be able to afford to participate.
The Yoga Instructor decided not to request a contract for next year.
We are waiting on additional information from ABAA, Atlantic Beach
Athletic Association.
The fee in the contracts is $200 for the year, which is consistent with
simil ar contracts in previous years .
RECOMM EN DATIONS: Authorize the City Manager to sign the attach ed contracts with
ABET, and tennis professional Brec ht Catalan
AnAC HM ENTS: ABET Proposed Contract
Ten n[s Professional Brecht Catalan Proposed Contract
REVIEWED BY CITY MANAGER : 2f; ~ ~
AGENDA ITEM # 4C
SEPTEMBER 8, 2014
CITY OF ATLANTIC BEACH
LONG TERM RENTAL CONTRACT
FOR PUBLIC FACILITIES
AGREEMENT made and entered into this day of at Atlantic Beach,
Florida Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a
Florida municipal corporation, 800 Seminole Road, Atlantic Beach 32233 (hereinafter
"City"), and Atlantic Beach Experimental Theatre of Atlantic Beach, Florida (904) 249-
7177 (hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility:
The Adele Grage Cultural Center Theater, and
WHEREAS, Renter desires to use said public facility on a recurring basis such as
daily, weekly, monthly, during a particular season, or the like, which is more than a
one-time use, and therefore a long term use, and
WHEREAS, the parties are in complete agreement regarding the terms set forth
herein.
NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and
any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of
which is acknowledged by both parties, it is
AGREED AS FOLLOWS:
1. Length of Rental Term: This agreement shall run from October 1, 2014 through
September 30, 2015.
2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall
pay to the City the annual fee of $200.00 at the time of signing this agreement. Such
fee may be waived at the discretion of the City Manager if Renter is a governmental
agency or an organization that provides a public service available to all, is non-
profit in nature, and charges no user or admission fees. Renter shall provide the
City with a copy of its tax-exempt form or other proof or evidence satisfactory to
the City Manager of Renter's non-profit status.
3. Conditions: This agreement is made and entered into upon the following express
covenants and conditions, all and everyone of which Renter hereby covenants and
agrees, with the City, to deep and perform:
a. No fees or admission costs shall be charged to the public unless approved
in writing by the City Manager.
6
AGENDA ITEM# 4C
SEPTEMBER 8, 2014
b. No use of alcoholic beverages shall be permitted without the written permission
of the City Manager.
c. Renter shall provide to the City a copy of audited financial statements if
requested. In the event audited financial statements are not available,
renter shall provide all supporting documents and fmancial statements.
d. Renter shall insure compliance with all city, state and federal laws, as well
as any rules and regulations of the City for the government and management
of the public facility, together with all rules and requirements of the police
and fire departments of the City.
e. Renter shall allow no discrimination based on race, sex, age, religion,
national origin, disability, or otherwise.
f. Renter shall make no alterations to the facility of a permanent nature
without the express written consent of the City Manager.
g. Renter's use of the facility is not exclusive outside ofthe dates and time as
set forth below.
h. Renter shall leave the facility available for use by other parties if other
activities are scheduled or upon the request of City staff. This may include
removal and storage of Renter's property.
1. Renter shall correct any discrepancies noted by the City. Should the City
require corrective action, such action shall be the financial responsibility of
the Renter.
J. Renter shall provide a written account of all security key cards to the facility
in possession of Renter at the end of the contract. If renter cannot account
for all keys, Renter will incur the cost of canceling the lost card and issuing
a new one. One key will be provided at no cost to Renter and any additional
keys will require a $20 per key fee at Renter's expense.
k. Renter shall maintain at all times during the lease term at Renter's cost, a
comprehensive public liability insurance policy protecting the City against
all claims or demands that may arise or be claimed on account of Renter's
use of the premises, in an amount of at least $1,000,000 for injuries to
persons in one accident, $1,000,000 for injuries to any one person, and
$1,000,000 for damages to property, the insurance shall be written by a
company or companies acceptable to the City and authorized to engage in the
business of general liability insurance in the State of Florida. Renter shall deliver
to the City satisfactory proof or evidence of such insurance, and shall name
the City as an additional insured under said policy.
7
AGENDA ITEM# 4C
SEPTEMBER 8, 2014
1. Renter may apply to the City Commission of Atlantic Beach for a waiver of
this insurance requirement. The City Commission shall consider such
application for waiver on a case by case basis, taking into account the length
of the lease term, use of the public facility, number of persons involved in
said use, cost of the insurance, and any other factors submitted by Renter
which unique and particular to the Renter.
m. Renter agrees to indemnify and hold harmless the City from any and all
liability, defense costs, including other fees, loss or damage which the City
may suffer as a result of claims, demands, costs or judgment against it,
arising from all activities engaged in by Renter in its use of the following
public facility: Adele Grage Theater
n. Renter will provide a mechanism to assure that children are not denied the
opportunity to participate due to their inability to pay the registration or
other related fees.
4. Additional provisions agreed upon by the City and Renter: The Adele Grage
Cultural Center is scheduled for use by several groups, sometimes at the same time.
The Recreation Department is responsible for scheduling use of the facility and
being as accommodating as possible. At the same time, groups using the
facility must show consideration for others using the facility.
The City and ABET have agreed to the following:
... ABET shall keep the facility clean and presentable for public showing and use
by others .
.. ABET shall be responsible for the building and its belongings while utilizing
the facility .
., ABET shall provide a reasonable use calendar for the length of the contract.
The City retains the right to rent the facility to others and use the facility for
City events .
.. Access to the facility will be based on the schedule of events shown on the
calendar.
All use of the facility must be scheduled through the Recreation Office in
Advance (one day notice).
.. ABET can request use of the community room and theater whenever the facility
Is available; with the understanding that paid renters have priority.
5. Delivery of Facility: The City shall deliver the facility to Renter in good
working condition, with any necessary facilities and utilities, and in clean
condition.
6. Control of Building: In renting said facility to Renter, the City does not
relinquish the right to control the management and operation of the facility,
8
AGENDA ITEM # 4C
SEPTEMBER 8, 2014
and the City Manager or his designee may enter the facility and all of the
demised premises at any time and on any occasion.
7. Assignment: Renter shall not assign this agreement nor suffer any use of the
facility other than herein specified, nor sublet the facility or any part thereof,
without the written consent of the City.
8. DEFAULT: In case the Renter shall default in the performance of any covenant
or agreement contained herein, and such default shall continue for ten (1 0) days
after receipt by the Renter of written notice thereof given by the City, then the
City, at its option, may declare this agreement ended. In that event, Renter shall
immediately remove all persons and its property from the facility, and failing to
do so, the City may cause such removal either with or without process of law, at
Renter's expense. These expenses shall include, but not be limited to, reasonable
attorney's fees incurred by the City, whether suit is filed or not.
IN WITNESS WHERE OF, we have hereunto set our hands and official seals this
____ day of __________ __
CITY OF ATLANTIC BEACH
By: ______________________ _
Its: -------------------------
"CITY" "RENTER"
9
AGENDA ITEM# 4C
SEPTEMBER 8, 2014
CITY OF ATLANTIC BEACH
LONG TERM RENTAL CONTRACT
FOR PUBLIC FACILITIES
AGREEMENT made and entered into this day of at Atlantic
Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal
corporation, 800 Seminole Road, Atlantic Beach, Florida, 32233 (hereinafter "City"), and Brecht
Catalan, Tennis Instructor of 12855 Green Meadow Place Jacksonville, FL 32246 (904) 241-4625
(hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility:
Jack Russell Park Tennis Courts 4, 5, & 6, and
WHEREAS, Renter desires to use said public facility on a recurring basis such as
daily, weekly, monthly, during a particular season, or the like, which is more than a
one-time use, and therefore a long term use, and
WHEREAS, the parties are in complete agreement regarding the terms set forth
herein.
NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and
any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency
of which is acknowledged by both parties, it is
AGREED AS FOLLOWS:
1. Length of Rental Term: This agreement shall run from October 1, 2014 through
September 30, 2015.
2. Amount and Time of Payment: Renter, in exchange for use ofthe facility, shall
pay to the City the annual fee of$200.00 plus the applicable Florida State sales tax,
unless a valid Florida tax exemption certificate is provided, for a total of$214.00 at
the time of signing this agreement. Such fee may be waived at the discretion of the
City Manager if Renter is a governmental agency or an organization that provides a
public service available to all, is non-profit in nature, and charges no user or
admission fees. Renter shall provide the City with a copy of its tax-exempt form or
other proof or evidence satisfactory to the City Manager of Renter's non-profit
status.
3. Conditions: This agreement is made and entered into upon the following express
covenants and conditions, all and everyone of which Renter hereby covenants and
agrees, with the City, to deep and perform:
a. No fees or admission costs shall be charged to the public unless approved in
writing by the City Manager.
2
AGENDA ITEM# 4C
SEPTEMBER 8, 2014
b. No use of alcoholic beverages shall be permitted without the written
permission of the City Manager.
c. Renter shall provide to the City a copy of audited financial statements if
requested. In the event audited financial statements are not available,
renter shall provide all supporting documents and financial statements.
d. Renter shall insure compliance with all city, state and federal laws, as well
as any rules and regulations of the City for the government and management
of the public facility, together with all rules and requirements of the police
and fire departments of the City.
e. Renter shall allow no discrimination based on race, sex, age, religion,
national origin, disability, or otherwise.
f. Renter shall make no alterations to the facility of a permanent nature
without the express written consent of the City Manager.
g. Renter's use of the facility is not exclusive outside ofthe dates and time as
set forth below.
h. Renter shall leave the facility available for use by other parties if other
activities are scheduled or upon the request of City staff. This may
include removal and storage ofRenter's property.
1. Renter shall correct any discrepancies noted by the City. Should the City
require corrective action, such action shall be the financial responsibility of
the Renter.
J. Renter shall provide a written account of all keys to the facility in
possession of Renter at the end of the contract. If renter cannot account
for all keys, Renter will incur the cost ofre-keying or changing of the applicable
locks. One key will be provided at no cost to Renter and any additional keys
will require a $10 per key fee at Renter's expense.
k. Any exclusive use shall be as set forth below. The use of the facility in
addition to the exclusive use periods shall be requested through the
Recreation Director under the general rules, i.e., a facility may be requested
for short term use by applying for such use after the 15th day of each month
for a day or time period within the next month. For example, any
organization requesting the short-term use of a City facility in the month of
February could apply for such use after the 15th day of January.
1. Renter shall maintain at all times during the lease term at Renter's cost, a
comprehensive public liability insurance policy protecting the City against
3
AGENDA ITEM # 4C
SEPTEMBER 8, 2014
all claims or demands that may arise or be claimed on account of Renter's
use of the premises, in an amount of at least $1,000,000 for injuries to
persons in one accident, $1,000,000 for injuries to any one person, and
$1,000,000 for damages to property, the insurance shall be written by a
company or companies acceptable to the City and authorized to engage in
the business of general liability insurance in the State of Florida. Renter
shall deliver to the City satisfactory proof or evidence of such insurance,
and shall name the City as an additional insured under said policy.
m. Renter may apply to the City Commission of Atlantic Beach for a waiver of
this insurance requirement. The City Commission shall consider such
application for waiver on a case by case basis, taking into account the
length of the lease term, use of the public facility, number of persons
involved in said use, cost ofthe insurance, and any other factors submitted
by Renter which unique and particular to the Renter.
n. Renter agrees to indemnify and hold harmless the City from any and all
liability, defense costs, including other fees, loss or damage which the City
may suffer as a result of claims, demands, costs or judgment against it,
arising from all activities engaged in by Renter in its use of the following
public facility: Jack Russell Park Tennis Courts 4, 5 & 6
o. Additional provisions agreed upon by the City and Renter: None
4. Exclusive Use Dates and Times: See attached for schedule. The City retains the
right to rent and use the facility at other times not specified for use by the
Renter.
5. Delivery of Facility: The City shall deliver the facility to Renter in good
working condition, with any necessary facilities and utilities, and in clean
condition.
6. Control of Building: In renting said facility to Renter, the City does not
relinquish the right to control the management and operation of the facility,
and the City Manager or his designee may enter the facility and all of the
demised premises at any time and on any occasion.
7. Assignment: Renter shall not assign this agreement nor suffer any use of the
facility other than herein specified, nor sublet the facility or any part thereof,
without the written consent of the City.
8. DEFAULT: In case the Renter shall default in the performance of any covenant
or agreement contained herein, and such default shall continue for ten (1 0) days
after receipt by the Renter of written notice thereof given by the City, then the
City, at its option, may declare this agreement ended. In that event, Renter shall
4
AGENDA ITEM # 4C
SEPTEMBER 8, 2014
immediately remove all persons and its property from the facility, and failing to
do so, the City may cause such removal either with or without process of law, at
Renter's expense. These expenses shall include, but not be limited to, reasonable
attorney's fees incurred by the City, whether suit is filed or not.
IN WITNESS WHEREOF, we have hereunto set our bands and official seals this
__ day of ______ _
CITY OF ATLANTIC BEACH
By: --------------
Its: --------------
"CITY" "RENTER"
5
CITY OF ATLANTIC BEACH
CfTV COMMISSION MEETING
STAFF REPORT
AGENDA ITEM# 40
SEPTEMBER 8, 20 14
AGENDA ITEM: Extension of Elect rical Troubleshooting, Repair and Ins tallation
Annual Contract
Bid No. 0910-16
SUBMITTED BY: Donn a Ka luzn iak, Util ity Directo r
DATE: August 15 , 2014
STRATEGIC PLAN LINK: None
BACKGROUND: Thi s co ntract is for electrical work at Public Ut iliti es and other C ity
faci lities.
Limbaugh Electrica l Contracting, In c. ha s performed electrical troubleshooting, repair and
installation for the City since 1983 and is familiar with the City 's ele ctrica l insta llati o ns.
This work requ ir es specia li ze d skill , experience and equipment. Limbaugh Elcc tti caPs
personnel have the req uired background , knowl edge , ex peri ence and equi pm ent. The fees
charged by Limbaugh for labor and materials have been very reasona ble and co mpetitive .
Specifications all ow the C ity to renew the contract for two ad dition al 1-year periods as
lon g as the contractor agrees and the City is satisfied with the service. The vendor has
ag reed to renew hi s con tract, and staff has been pleased with the performance of thi s
con tractor.
BUDGET: These serv ices are used on an as-needed basis, and funding is included in
the Water and Sewer Funds in the amount of approximately $75,000 under account
nu mbe rs 400-5502-533-3400, 4 10-5506-535-3400, and 4 10-5508 -53 5-3400.
RECOMMENDATION: Extend the El ectrical Troubleshooting and Repair conlract for
one additiona l year to Limbaugh Electrical Contract in g, Inc. at the contract prices.
ATTACHMENTS: l . Letter of agreement to extend co ntract from Limbaugh E lectrical
Co ntracting, lnc.
REVIEWED BY CITY MANAGER: 2 ~~
August I 5, 20 I 4
Mr. Alex Limbau gh
l .i mb a ugh Elcc tri cu l Con tru c tin g, In c.
RE: Extensio n of' Bid No. 0910 -16
Dear Mr. Limba ugh:
AG ENOA ITEM # 40
SEPT!i;MBER 8, 20 14
As yo u urt:: awa re, th e annual co ntr ac t with th e Ci ty of At lan ti c Ocaeh f'or Elec trica l
Troub leshoo tin g. Rep air a nd lnstall ution exp ires Oc tober 31, 20 14. Wt wo ultl like:: to t:x tend th ~.:
co ntr act for :mo ther yeo r at the current prices, if thi s is acc eptable to your co mpan y.
If acce pt abl e, p lease sign be low and ret urn to me by August 20, 20 14 so I cn n pr epa re n staff
report for th e City Com mi ss ion.
We look forwu rd to recomme nding th at we con tinu e om cont rnc t wirh your com pany.
LIMBAUG II El...t 'TRl CAL CONTRACTING . INC. AGRE I·:S TO EXTEN D T i lE
CONT RA CT WIT H T il E C ITY OF ATLANTIC BEACH /\T TI IE PRI CES SUBMITTED IN
rD N . 9 10-16 FOR AN ADDITIONAL YEAR l ~rFEC TIV I ~ NOV I ~MBER I. 20 14.
Dn tc
Public Utilities Depar tm ent 1200 Sandpip er Lan e
Atl antic Beach, FL 32233
(904) 247-5834
Highlights
Atlantic Beach
Police Department
Semi Annual2014
AGENDA ITEM# 4E
SEPTEMBER 8, 2014
The inaugural Citizens Police Academy (CPA) concluded in May, with 26 citizens
graduating after attending 1 0 weeks of Thursday evening classes. With such positive
feedback and high interest in the program, we have already begun preparing for the 2nd
academy to start this August. The participants were given a survey at the end of the
program and the entire CPA received an overall ranking of 4.8 out of a possible 5.
We continue to have one full time officer dedicated to the COPS (Community Oriented
Policing) program. This officer spends much of his time interacting with citizens within
the community, building positive relationships. He spends most of his days visiting the
community centers, city parks, and conducting patrol on foot and bicycle. Additionally
the COPS officer contacts citizens in need of services to offer different resources. The
COPS officer attends monthly beaches citizen advisory board meetings for local youth
who are first time offenders. At a recent community meeting, several citizens made very
positive comments about Officer Cassidy and his impact on the Donner area community.
The Atlantic Beach Police Department has an exceptional emergency response time. The
average emergency response time this year thru June 2014 is 2 minutes 32 seconds, from
the time the first call is received to the first officer on scene.
Crime
The state wide semiannual Part I crime statistics (Murder, Rape, Robbery, Aggravated
Assault, Burglary, Larceny and Auto Theft) for 2014 have not yet been published.
Atlantic Beach crime rate went from 177 last year to 192 this year. While that translated
into an 8% increase it is still down 18% and 21% respectively when compared to 2010
and 2011.
Productivity
In the first two quarters, the police department answered 11,804 calls for service.
Officers made 381 arrests, 165 of which were for DUI. 1,953 traffic citations were issued
between January and June of this year, and 125 traffic accidents were reported. Officers
also issued 34 7 parking citation most of which were over the 2nd quarter and in response
to illegal beach related parking. The Animal Control Division received 750 calls during
the six months, issued 46 citations, and impounded 112 animals.
Personnel
AGENDA ITEM# 4E
SEPTEMBER 8, 2014
Currently the Police Department has 1 police officer vacancy, however during the first
two quarters we operated with 3 patrol vacancies which resulted in less productivity.
Training
The Department is deeply committed to providing quality training to all its employees. In
the first two quarters of2014, employees have attended training in the following topics:
• Sovereign citizen encounters course
• Managing Multiple priorities, projects and deadlines
• Radar/laser speed measurement
• Developing a comprehensive traffic safety program
• General Instructor Techniques
• Active Shooter Course
• AR -15 Armorer Course
• Dispatcher FTO Program
• Linx End User training
• Recovery from Disaster: the local government mle
• Managing the Accreditation Process
• Glock Armorer course
• Field Training Officer Certification
• NIMS ICS 300
• UCR Training
• Detective Academy
• Narcotics and Dangerous Drugs
• IPMBA Police Cyclist Course
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.
Quarterly Report Atlantic Beach Police Department
Part I Crimes 2nd 2nd Quarter 2nd Quarter 2nd Quarter 2nd Quarter 2013-2014 Year to Date 1 Year to Date Year to Date 'e to Date Year to Date 2013-2014
Quarter 2011 2012 2013 2014 Comparison 2010 2011 2012 013 2014 Comparison
2010 i I -Murder 0 0 0 0 0 0%1 0 ~ 0 0 0 0 0%
Rape 4 5 t 0 4 4 0% .;l 8 1 4 5 25%
Robbery 10 5 7 3 4 33% 10 8 8 6 8 i 33%
Aggravated Assault 6 10 9 13 10 -23% 14 26 16 21 15 -29%
Burglal)l 32 25 17 17 ' 18 6%1 sc 39 34 29 1 38 31%
Larceny 90 93 70 66 75 14% 1~ 152 126 109 118 8%
Auto Theft 9 6 2 4 6 SO% 12 10 3 7 8 14%
Total 151 144 105 lOS 117 8% 234 243 188j tn 192 8%
I
Calls for Service 8069 ns7 5523 6216 6288 1% 15.139 14090 10682 11786 118~ 0%
TOTAL ARRESTS 215 228 239 196 216 1 10% ~09 448 435 399 381 -5%
OUIArrests 74 55 1 56 56 102 82% 15~1 129 121 126 165 31% --Traffic Citations 1122 1036 994 1362 1086 -20% 22751 2229 1991 2732 1953 -29%
Auto Accidents 75 71 72 n 74 -4% 119 121 132 141 125 -11%
Emergency Response Time Average 2 mm 6 sec 2 min 32sec 3 mtn 11 sec 2 mtn 54 sec 2 mm 16 sec l 1 mm. 25 sec. 2 min 27 sec 2 mtn 57 sec 3 min lsec 2 min 32 sec
Stolen Property s 1S9.0o7 s 163,744 s 103,084 $ 176,856 s 186,676 6% $ 310,936 $ 337,744 s 200,995 s 233,284 s 285,046 22%
Recovered Property $ 54.826 s 108,982 s 21,049 $ 110,792 s 56,605 ! -49% s 69.458 $ 157,336 s 32.338 s 117,589 $ 82,742 -30%
Recovery Percentage 34% 67% 20% 63% 30% 22% 47%, 16% 5096 29%
I i
Crime Suppression I I j
Felony Arrests 8 16 10 8 3 -63% 18 30 14 ll • 8 -27%
Misdemeanor Arrests lj 8 32 18 9 -50% 33 1 18 44 20 17 -15%
Alcohol Deployment Arrests I 2 1 6 10 2 -80% 5 3 7 10 2 -80%
Prostitution Arrests I 4 0 Oj 2 Ol -200% 21 0 0 2 0 -200%
Animal Control
Phone cans ! 686 643 595 387 369 -5% 1294 1191 1222 766 750 -2%
Citations 66 86 31 41 29 -29% 135 153 78 85 46 -46%
Animal Bites Reported 1 5 4 1 2 100% 5 9 6 3 6 100"/o
Animals Impounded I ':27 107 98 75 1 60 1 -20% 2HI 191 1 189 144 112 -22%
Fire Department
BJsca~ I 240 247 1 2651 241 1 219 1 -9% .:Qi"l 441 1 497 415 468 13%
Response Time I <442 4 28 4 m•n 17 sec 14 min 58 sec 4 m•n 52 sec I ~
4 min 38 sec 4 mtn 32 sec 14 m•n 16 sec !4 min 39 4 mtn 55 sec
Fire Calls I 44 72 521 31 ! 39 26% 57 103 106 54 72 33%
Response Time I 4.05 4 36 4 m10 29 sec 4 min 09sec 4 m•n 39sec 'n:n 05 sec 4 m•n 37 sec 5 m•nO sec 4 min 14 sec 4 m•n 31 sec
CITY OF ATLANTIC BEACH, FLORIDA
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM tJ 1A
S.EPTEMilER 8, 20 14
AGENDA lTEM: Public Hea1ings on adopting a Tentative Millage Rate and adoptin g
Ordinance #20-14-128 estab li shing the Operating Budget for fiscal yea r
2014/2015.
SUBMJTIED BY: Nelson Van Licre, City Manager c::R
DATE: Augu s t 17,2014
BACKGROUND: In order to adop t a millage rate and operating budget, the Ci ty
Co mmi ss ion mu s t ad here to a strict process per state law . Plea se find a ttached an ou tlin e for
the public he arings to be held on September 8111, 2014 in the Commission Chambers at 6:30pm
as was noti ced to all property o wners by the Duval Co unty Property Appraiser's Office. The
format is the same as in previ o us years and is to be read into the record as presented in order to
assure compliance with the TRIM laws (s.200.065, F.S .).
Prior to these hea rings, the City Mana ger presented a Propo sed Operating Budget and held two
public workshops to review and make adj ustments with the Ci ty Co mmis sion's guidance. The
Prop osed Operating Budget is funded usi ng the millage rate of3.3285 mill s. This is a 4 .95%
increase over the roll back rate.
Att ac hed is a schedu le of changes made to the propo se d budget to arrive at t he final budget.
These changes were discussed in the budget workshops.
There wi ll be a second public hearing for the fi nal adoption of the millage by re so lution and a
seco nd puhlic hearing fo r the final adoption of the Operating Budget, Ordinance #20-14-128 ,
on September 22 11d, 20 14 at 6:30 in the City Comm issio n Chambers.
RECOMMENDATION:
l.) Hold two publi c hearin gs as described in the attached outl ine to approve both
the Tentative Mil lage Rate of3 .328 5 mi ll s and th e Operating Budget Ordinance
#2 0-14 -128 with to tal expenditures of$30,585,488.
2.) Set the Time and Date of the Second Public Hearing at September 22, 20 I 4 at
6:30pm . fn the C01mnission Chambers of City Hall
A TI ACHMENTS: Agenda tor Publ ic Hea rings
Ordinance# 20-14-1 28
Budget Summary of all Funds
Schedu le: Schedule A : Changes from Proposed Budget to Fina l
Budget
REVIEWED BY CITY MANAGER: --«;: 4~ k---<;
AGENDA ITEM# 7 A
SEPTEMBER 8, 2014
ADOPTION OF A TENTATIVE MILLAGE AND OPERATING BUDGET FOR
FISCAL YEAR 2014/2015
First item to be considered:
Adoption of a Tentative Millage Rate
State the following:
The Millage Rate is 3.3285
The Tentative Millage Rate is 3.3285
The Roll-Back Rate is 3.1715
The Tentative Millage Rate is 4.95% more than the roll back rate.
The purpose for adopting the millage rate of 3.3285 is to maintain a level of ad
valorem tax revenue sufficient to maintain adequate funding for the existing
level of services at anticipated and proposed cost and to continue to maintain the
City's infrastructure.
Motion to adopt a Tentative Millage Rate for operating purposes of 3.3285
Open Public Hearing
Close Public Hearing and Vote
Second item to be considered:
Ordinance #20-14-128 establishing the Operating Budget for fiscal year 2014/2015 of
30,585,488
Motion to adopt Ordinance #20-14-128 establishing the Operating Budget for fiscal
year 2014/2015
Open a Public Hearing
Close Public Hearing and Vote
ORDINANCE NO. 20-14-128
AGENDA ITEM# 7A
SEPTEMBER 8, 2014
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30,
2015.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, on September 8,
2014, held a public hearing as required by Florida Statute 200.065; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, set forth the
appropriations and revenue estimate for the budget for Fiscal Year beginning October 1, 2014
and ending September 30,2015 in the amount of$30,585,488.
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 2015 budget be adopted, and
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this __ day of September 2014.
Passed by the City Commission on second and final reading this __ day of September
2014.
Carolyn Woods
Mayor I Presiding Officer
Approved as to form and correctness:
Richard Komando, Esquire
City Attorney
ATTEST:
Donna L. Bartle
City Clerk
AGENDA ITEM# 7A
SEPTEMBER 8, 2014
City of Atlantic Beach
Combined Summary of Revenues and Expenditures
Summary of all Funds
Proposed
Actual Actual Estimate Budget Increase
2011-2012 2012-2013 2013-2014 2014-2015 {Decrease}
Cash Forward 32,307,612 37,492,961 39,178,616 39,374,289 195,673
Revenues
General Fund 10,897,298 11 '109,664 11,144,461 11,311,092 166,631
Special Revenue Funds 1,806,722 1,486,434 1,453,376 1 ,428,149 (25,227)
Debt Service Fund 73,548 69,791 0 0 0
Capital Project Fund 602,658 (54,636) 427,779 230,000 (197,779)
Enterprise Funds 16,796,922 11,505,531 12,210,109 11,686,252 (523,857)
Trust and Agency Funds 4,552,027 3,177,000 3,545,023 3,568,124 23,101
Total Revenues 34,729,175 27,293,784 28,780,748 28,223,617 (557, 131)
Other Financing Sources 591,427 164,214 0 0 0
Total Resources 67,628,214 64,950,959 67,959,364 67,597,906 {361,458}
Expenditures
General Fund 10,430,632 10,748,328 11,378,443 11,269,427 (1 09,016)
Special Revenue Funds 2,047,749 1,038,260 1 ,459,145 1,809,207 350,062
Debt Service Fund 70,783 72,028 73,113 0 (73,113)
Capital Project Fund 25,116 0 215,658 2,925,000 2,709,342
Enterprise Funds 15,967,357 11,058,952 13,514,558 12,870,935 (643,623)
Trust and Agency Funds 1,428,381 1,638,006 1,944,158 1,710,919 (233,239)
DIVISION TOTALS 29,970,018 24,555,574 28,585,075 30,585,488 2,000,413
Other Financing Uses 165,235 1,216,769 0 0 0
Cash Reserves 37,492,961 39,178,616 39,374,289 37,012,418 (2,361,871)
Total Expenses and Cash 67,628,214 64,950,959 67,959,364 67,597,906 (361,458)
Resource Allocation
Personnel Services 9,407,213 9,313,425 9,385,391 9,728,006 342,615
Operating Expenses 10,151,562 9,710,684 10,990,287 10,678,751 (311 ,536)
Capital Outlay 6,873,101 1,751,996 4,268,848 6,682,986 2,414,138
Debt Service 1 ,870,160 2,450,015 2,309,076 2,147,535 -161,541
Transfers 1,667,982 1,329,454 1,631,473 1,348,210 -283,263
Total 29,970,018 24,555,574 28,585,075 30,585,488 2,000,413
Schedule A
AGENDA ITEM# 7A
SEPTEMBER 8, 2014
Changes from Proposed Budget to Final Budget
REVENUES:
Originally Proposed Revenues: $28,223,617
General Fund
No Changes proposed at this time
Revised Final Budgeted Revenues $28.223.617
EXPENSES:
Originally Proposed Expenses: $30,585,488
No Changes proposed at this time
Revised Budgeted Expenses: $30.585.488
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF RE:PORT
AGENDA ITEM# 7B
SEPTEMBER 8, 2014
AGENDA ITEM: Ordinance No. 5-14-61: Amending Chapter 2 of the
Code of Ordinances, Admfuistration, Article II, City
Commission, Sec. 2-16, Time and Place of Regular
meetings, to provide for two regular meetings.
SUBMITTED BY: Nelson VanLiere, City Manager~
DATE: June 17, 2014
BACKGROUND: At the June 9, 2014 meeting, ·the City Commission discussed proposed ·
Ordinance No. 5-14-61 and decided to table the item until a full commission could be
present and to give Staff the opportunity to make some adjustments to the presentation of
the agenda items.
As previously stated, the goal of the Staff and Commission is to work together to produce
an agenda that is both informative to the public and allows for business to be efficiently
carried on month to month. It is clear that giving ample time for the public to weigh in on
important issues is a priority in Atlantic Beach. As a result of discussions from the
previous meetings, Staff has come up with a better way to meet those needs. Upon
approval of the attached ordinance, Staff can prepare agendas that will ensure items of
significant importance are discussed thoroughly and that those of a routine nature can
move forward.
The attached outline entitled: Agenda Preparation Guidelines has been amended to
reflect recent discussions and will be used as a guideline for agenda preparation. This
chart indicates how each type of item is to be considered in the compilation of the agenda.
Upon examination of the guidelines, you can see that most items, with the exception of
Action on Ordinances and Miscellaneous Business items, woulcf. appear only once.
Ordinances represent the creation of legislation and are required to be heard more than
once. Miscellaneous Business items represent a variety of items with varying significance
:fi:om agenda to agenda. In this Miscellaneous Business section of the agenda is where we
propose to give special attention.
As a solution to the problem of ensuring miscellaneous items are highlighted and
discussed in a manner that gives appropriate attention to them, Staff reviewed the rules
found in our code and determined that the existing agenda has a provision for this, but that
it has not been used for this purpose. Item #3 on the Agenda Outline was placed there to
consider any unfinished business from the previous meetings. Carryover items would be
placed in this section of the agenda in the order that they appeared in a previous meeting.
Items that originated in a special category such as Resolutions or Ordinances would stay
in their respective agenda categories. The process would be to place the appropriate items
on the agenda under. #8 Miscellaneo:us Business. They would be discussed and
considered as items the commission would want to move forward to the next agenda. The
subsequent meeting would then include those same items in #3 Unlmisht;Jd :Business
section of the Agenda Outline. ·
BUDGET:
AGENDA ITEM# 7B
SEPTEMBER 8, 2014
Staff will also implement the revised deadlines discussed in the previous meeting to allow
the Commissioners and the public an extra five to seven (5-7) days to review the agenda
before the meeting to allow for input and questions to be answered. This extra time will
prove significant for those involved in the preparations for a meeting. The deadline for
submission of all agenda items from either the Commission or staff, would be the
Wednesday (13 days) prior to the commission meeting. The agenda would then be
published and disbursed on the Friday after the deadline. All items to be considered on
the agenda will be submitted by the deadline in final fonnat form.
Also, as a result of the comments made at the May meeting, Staff has amended the
proposed ordinance to reflect the original meeting time as 6:30p.m.
In the event that the Commission chooses to call for a workshop, the expectation would be
to have those on the same meeting nights as the regularly scheduled meeting unless
specifically requested for another time. This will limit the strain on the commissioner's
schedule to only two nights a month in normal circumstances. The shmier agenda and the
expectation of doing City business two nights a month should streamline the process for
everyone.
No budget impact.
RECOMMENDATION: Approve Ordinance No. 5-14-61.
ATTACHMENTS: Staff Report dated April 18, 2014
Agenda Preparation Guideline Chart
Ordinance No. 5-14-61
REVIEWED BY CITY MANAGER -n t/tU., ;1CbU
Item
Approval of Minutes
Approval of Minutes
Co urtes y of the Floor to Visitors
Courtesy of the Floor
Presentation
Proclamation
Unfinished Bu siness
Miscellaneous items carried
forward f rom the preceding
meetings
Consent Agenda
Monthly Reports
Quarterly Re port
Annua l Report
Written Report on a spec if ic
project
Declare Property Surp l us
Award initial contract contract for
Bid
Award RFP
Extend Contract when allowed for
in the current terms.
Committee Reports
Committee Report
Action o n Resolutions
Reso lution
Action on Ordinances
Ordinance
Misce ll aneous Busine ss
Use-by-Exception ·
Waiver
Approval of Contract with
sign ificant importance and value
Appointment of members to a
sta nding Board or Committee
Establishing an Ad Hoc Committee,
then appointing its members
City Manager
City Manager Report
Reports and/or Requests from City
Commissioners and City Attorney
Announcements
Agenda Preparation Guidelines
Purpose Requires Special
Advertising
Action No
Informational-No Action No
Informational-No Action No
Ceremonial-No Action No
Action No
Acknowledge Rece ipt No
Acknowledge Receipt No
Acknowledge Receipt No
Acknowledge Receipt No
Action No
Action No
Action No
Action No
Informational No
Action *No
Action Yes
Di sc ussion I Action Yes
Di scussion I Action Yes
Discussion I Action No
Discussion I Action No
Discussion I Action No
Informational No
Informational No
Requires a
Public Hearing
for CC meeting?
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
*Yes
Yes
Yes
No
No
No
No
No
A GENOA ITEM# 78
SEPTEMBER 8, 20\4
Standard# of
times needed
on the agenda
1
N/A
1
1
1
1
1
1
1
1
1
1
1
1
1
2
**2
1
2
1
2
1
N/A
Agenda Preparation Guidelines
AGENDA ITEM# 7B
SEPTEMBER 8, 2014
*Exceptions:
1. Ordinances and Resolutions to set the annual operating budget and millage rate require special advertising and
two public hearings.
2. Changes in Zoning District Classifications, Special Planned Areas (SPA's), changes to Land Development
Regulations and Comprehensive Plan Amendments require one public hearing at the Community Development
Board (CDB) meeting so the COB can make a recommendation to the Commission. They also require two public
hearings at City Commission meetings.
**
Notes:
Use-by-exceptions will be on the Commission Agenda twice. The first time, as a discussion only item and the
second time, as a public hearing and action item.
Variances are handled through the Community Development Board (COB) and require a Public Hearing. No Commission
action is needed.
Use-by-exceptions are heard by the Community Development Board (COB) for a recommendation, then to the
Commission.
Any agenda Item that requires action and does not have written information in the initial packet, will most likely require
an additional meeting in order to provide advance notice of the details and to allow time for citizen input.
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STt\ FF RI~I'ORT
AGENDA ITEM# 78
SEPTEMBER 8, 2014
AGENDA ITI~l\1: Ordinance No. 5~ 14~61: Amending Chapter 2 of th~ Code of Ordin·unecs,
Administrution, Articlu IL_, City Commis.-;ion, Sec. 2~ 16, Time ancJ Place of
Regular meetings, to provide lbr two regulm· meetings.
SUBM ITT EO BY Nd:-;on Vttn Liere; City Manager tiQ_ _____ _
D)A'l'E; April t 8, 2014
UACKGROUNU; On April 81I\ 2013, the City Commission approved Ordinanee No. 5-13-58
amending the Code to J'cplncc one ·of the two scheduled meetings per month with
a workshop. This was done as n trial to addrcl.-ts complaints from the public thnt
111crc was not enough lime for dtizen input on the ngenda itt.::ms bdbre a vote. By
workshopping the upcoming agenda, cHi:.::cns have more time nnd opportunity to
be heard on all item.s beiotc a vote is cast.
Stuff has worked veL'Y hard to make the tnmsition into the one meeting a mnnth
sc11cdule successtul. However~ impkm011tntion of this new schedule hus b~;en
extremely difficult thr st~tff. Aller careful consideration, we believe we have
come up with an alternative thnt will ~ddrcss everyone's concerns.
Below is il list of unintended consequences that have been a chaUcngc to stftff
~ince ttrc inci!ptlon of ll one nle!eting pe-r month schcdu)c.
I. The agendas .m:e rQ!.tghly twice the size. This by itself would llot seem to he an
issue. Pleaso consider thnt each item is impott\Int and is tho result of staff's hard
work. The entire ugcnda must be indexed and pt~g.inated, copied and bound,
Hemmed and Ulllonded, dishibutcd and linked to web pages.
1. Mcclings. fltg twice ns kmg. A direct result of t_hc lengthy ngenda is that the
tncetings !alee t\vice as long because there <11'0 twice as many items to discuss.
3. Jho bureaucracy added to thc.J•ruxoval process slows thc~npproval of 1:outh1C
items down. For many important itemsl we recognize it is important to !:ilow
down and heur comments more thnn m'lcc. Routine items~ however, arc held up in
tha same timeline and ·arc not able to move forward de~pitc lillie o1· no comments
froJn the dtizcns. Consent item~ take only a ti::w minutes to puss in fhc meeting,
but n full three to fbu1' weeks to go through the entire atJproval process.
4. §taff prcpal'Ution seemingly never ends. As St?ff prepares fDI' Cmnmissi()n
meetings. we wdte proposals and research n tremendous amount ofinfimnotion in
pt·epamtion tor the meeting. Items of routine natme are discussed twice, more
important items four limes and sometimes~ if defenetl or as the result ot' nn initial
proposal that led to tho ac1ion, the agenda ilcm may need to be fresh in our minds
for six weeks t)S new items accumulate. We need to be ablo to take action and
move forward. ·
5. Eyg.[Y Agendn has been amended. Since the inGeption of the one meeting
schedule, we have had numerous special en lied meetings and every works hopped
agenda has been amended. As staff hies to mnke progress on .vrojccts or
contracts, we sit and wait through long workshops where no nction can be taken,
there was no discus:-:ion or commc11ts und yel we nmst wail anothet'lwo weeks for
~m approval.
AGENDA ITEM# 78
SEPTEMBER 8, 2014
6. Ordinances require an additional month for approval. Ordinances set policy and
require two meetings to approve. This is by design a method of seeking
additional public input.
7. Workshop forinat places the Commissioners on the floor for round table
discussions. This helps, but almost every meeting there is a special · called
meeting. This requires the cameras to be arranged differently and the sound
system is not as good due to the failure of Commissioners to speak into the mic.
We have bad numerous complaints about the citizens not being able to hear the
Commissioners when they ai:e seated in the workshop format. The public gets
confused about whether they are going to get action on an item or not. Staff is
unsure in some cases whether the invited speakers should come to a workshop,
Co:m:mission meeting or both.
8. Fear of missing an agenda deadline is real. Staff strives very hard to meet
deadlines. With only one meeting, the consequences of missing an agenda
deadline means either waiting ~other month for approval or requires that a
special called meeting be scheduled.
9. The meeting of most importance to the citizen is the workshop. This is where the
discussion talces place and this is the meeting the Commissioners need to be b"est
prepared for. The agenda is received two to tlu:ee business days ahead of the
workshop. Of course they can prepare over the weekend and have four or five
days max. This gives commissioners only a few days to meet with staff to get
questions answered and we are busy getting ready for the meeting too.
Solution:
The solution being proposed is to return to two regular meetings a month, move
the agenda deadline up to allow for publicizing the agenda a minimum of 10 days
prior to the meetings, and start the meetings 30 minutes earlier. Below are the
reasons this approach would work in reference to each of the above items.
• Items 1 and 2 are. addressed because the meetings will occur more often, each
agenda is smaller and therefore the meetings will be shorter. Also, returning to a
starting time for the meetings of 6:00 p.m. wo"J)ld allow staff and citizens to at
least get out 30 minutes earlier .. Thirty minutes may not seem like a big
difference but for those who have to be at work at 8:00 a.m. the next morning, it
does make· a difference.
e Item 3 -Consultant presentations or interviews of selected persons for contracts
can be approved in the same night) if desired. The option to defer has always
been available.
• Items 3 and 4 -Items of a routine nature can be ;:1pproved twice a month) allowing
staff to get projects started and allowing us to react and respond quicker to citizen
requests.
" Item 5 -Staff can prepare the reports for approva~ attend a meeting and move
forward to the next project. The constant preparation and attendance at long
meetings for items on the agenda that pass with no discussion is a waste of
everyone's time.
• Item 5 -The number of amended agendas will be greatly reduced. The number of
versions of agendas floating around is becoming ridiculous. The Clerk has to wait
until the last minute to publish the agenda to make sure all the amended portions
are included.
• Item 6 -Items of significance deserve either a deferral for more discussion, a
public hearing and or a second reading. Ordinances are policy setting legislation
and as such require two meetings to pass. Significant/complicated items, such as
AGENDA ITEM # 7B
SEPTEMBER 8, 2014
the Hu.mnn Rights OrdiiHmce, may. be discussed in n separate workshop. This has
nhvays been an option.
6 Item 7-All•ncctings can take place fn the fom1nl se1ting \Vlth the exception of the
workshops called to discuss chosen items of significnnc~. Th.:: quality of the
video will be better for lho viewing public und the professionalism will be
cnlumct::1d. Worl<shop settings should bo f(.)r htt\.)1111nl discu:mions of a limited
number of topics.
9 Hem 8 -The fear of misHing a meeting deudlinc will be greatly L'cduced when
there will be flnother meeting within n few wcel<s.
a ltem 9 -The change to .the agenda. process will allow Commissioners, staff,
citl:;-;cns nttd the press to t'eceive the ngcndn at leusl ·1 0 days in mivancc of the
meeting. This will allow Commissioners two weekends to review nnd ample lime
to talk with citizens ami gel \Vi Ill stall It will allow stoff tQ research and answcl'
11dditionul conce·rns of citizens after l'euding the reports. The agenda will be
published tbt~ t·ho public to review and !'llhl'fis nvailnbl0 to address concerns bclbro
the meeting ten· over a week It will allow the proos to publish information about
item::: of interest prior lo the meeting. This will lend to a better int<mncd public
and Commission and in turn lend to hcller dedsionmnking.
Keep in J\lind that wo lmv~ implemented ·other procccllii'CN to enhance
communications with the citiz~ns since the one meeting schedule wns
fmlJicmenlcd. We ore now videoti1ping meetings and providing clcctnmic
agendas for ·commissioners to use on city provided iPads. Management now
encourages commissioners to direct! y seck answers from staff if needed. This
tmhance.s tht: response time when ·gathering intonnuLion for mecti11g preparations.
BUDGir!'~ No budget impact.
RICCOMMENDATION: Approve Ordinance No. 5~14-61
ATTACHMENTS: .Ordinance No. 5-14-61
RJ~VIEW~l:D·BY CITY MANAGER;£/(J";r,;:ir.:::1 r~.
ORDINANCE 5-14-61
AGENDA ITEM# 7B
SEPTEMBER 8, 2014
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES,
ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-16, TIME
AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR TWO (2)
REGULAR MEETINGS PER MONTH EXCEPT FOR DECEMBER AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF
THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: Sec.2-16 of the Code of Ordinances of the City of Atlantic Beach, Florida, is
hereby amended to read as follows:
Sec. 2 16. Time and place of regular meetings and scheduled workshops.
(a) The regular meetings of the city commission shall be held on the second Monday of each month.
(b) Scheduled workshops of the city commission shall be held as follows:
(1) In the months of January through November, on the fourth Monday of the month.
(2) In the month of December, on the third Monday of the month.
(c) All regular meetings and scheduled workshops of the city commission shall be held in city hall at
6:30p.m.
(d) If the second or fourth Monday falls on a holiday, the regular meeting or scheduled workshop shall
be held on Tuesday immediately following the holiday.
Sec.2-16 Time and place of Regular meetings.
The regular meetings of the city commission shall be held on the second and fomih
Mondays of each month, except December, in city hall, at 6:30 p.m. If the second or fourth
Monday falls on a holiday, the regular meeting shall be held on Tuesday immediately following
the holiday. In the month of December, the regular meeting shall be held on the second Monday
of the month.
SECTION 2. This ordinance shall take effect immediately upon its final passage and adoption.
PASS ED by the City Commission on first reading this 11th day of August 2014.
PASSED by the City Commission on this second and final reading this __ day of __ 2014.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Approved as to form and correctness:
Rich Komando
City Attorney
Carolyn Woods
Mayor, Presiding Officer
AGENDA ITEM:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Recruitment of Grant Writing Firm
AGENDA ITEM# SA
SEPTEMBER 8, 2014
SUBMITTED BY: Catherine Berry, Esq., Director of Human Resources CD
DATE: August 15, 2014
STRATEGIC PLAN: None
BACKGROUND: The City issued RFP #14-08 for Grant Writing Services and received four
proposals, one of which we had to disqualify for failure to submit the required forms. I have
read and evaluated the other three proposals.
1. Langton Associates, Inc., 4830 Atlantic Blvd., Jacksonville, FL 32207 (904) 598-1368
The approach, methodology, experience and quality of the proposal submitted by Langton
Associates was very good. In the last five years, the firm has acquired over $120 million in grant
funding for its clients. It was obvious that they had knowledge of some of the needs of the City.
The fact that they are headquartered in Jacksonville, fourteen miles from us, is an added bonus.
As outlined in the proposal, there are two fee options: Option A is a pay-as-you-go approach,
which was a little difficult to understand, but averages out at about $8000 per grant, with
additional services offered as add-ons. Option B is an annual retainer and is for $36,000 per
year and includes all of the services outlined, for a total of four grants. A fifth grant would be
an additional $6,000, as would a sixth grant, but the annual fee would be capped at $48,000,
regardless of the number of grants over 6. Both options are negotiable.
2. Fred Fox Enterprises, Inc., 26 Spanish St., St. Augustine, FL 32084 (904) 810-5183
This was also a quality proposal. This company has been in business for 30 years and states
that approximately 90% of the applications prepared by them receive funding. In the last five
years, the firm has been responsible for having been awarded the following in the State of
Florida:
48 Small Cities Community Development Block Grants
5 Neighborhood Stabilization Program Grants
13 Florida Department of Agriculture Energy Grants
6 Disaster Recovery Initiative Grants
1
ACENDA ITEM #SA
SE HEMJJER 8, 2014
The fee proposed by this firm is 3-5% of the grant amount being requested, contingent on the
application receiving an offer of award from the funding agency .
3. Guardian Community Re so urce Management, Inc., 930 Marcum Road, Suite 3, Lake land,
FL33809(863)937-9035
This proposal contained grammatica l mistakes that gave me pause, especia lly considering the
service they would be providing on our behalf. Th e fee structure was also not clear to me.
They were established in 2005 and, according to them, have successfully overseen and
comp leted 270 federal and state grant projects, resu lting in over $700 million doll ars offunding
for l ocal comm unity improvement projects for housing, infra structure, revitalization and j ob
creation.
All r esea r ch and documentation done in identifying the City's needs and in determining
potential grant fund in g so urce s will be charged on an hourly rate, with a predetermined cap.
The cost re lated to drafting indi vidual grant applications will be charged on a flat fee basis,
payable upon deliverables (deliverab les isn 't defined, so I don't know if that is a grant
su bmission or award).
RECOMMENDATION: The Commission should first determine if we want to go down this road.
It is the position of staff that we have this covered in-house. If the dec is ion is to proceed, the
n ext step would be to determine the grant writing needs of the City and then determine which
of the various delivery methods best meets those need s. The City Manager and City Attorney
should then be directed to negotiate a co ntra ct with Langton Associates, In c. in line with the
delivery method that is determ in ed to be the best for the City. If those negotiations are
unsuccessful, it is recommended that they attempt to negotiate with Fred Fox Enterprises, Inc.
I wou ld not recommend using Guard i an.
ATTACHMENTS:
BUDGET :
Proposals from all three candidates are availab l e in el ectronic form by
clickin g here.
None.
REVIEWED BY CITY MANAGER: __ :/7____,__._~_c_-_ __;;;;;{~'----__...;:_--=-----
2
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Renewa l of Employee Benefits -In s urance
SUBMITTED BY: Catherine Berry, Esq., Directo r of Human ResourcesCB
DATE: August 19, 2014
AGENDA ITEM# 8 8
Sl!.:f'TEMBER 8, 2014
BACKGROUND: Two years ago, our i ns urance broker, Harden and Associates, went to
market to get the best ins urance coverage for th e City of Atla nti c Beach
employees that th ey could find at the best rates. Last year, the Commission
approved renewing those coverages for the 20 14 year at as close to the
same plans as co uld be had for nearly the sa me premjums.
BUDGET:
Due to the increase in Jos s ratio experienced to date thi s year, we are
looking at a la rge increase in premiums .
Pro posed FY 20 15 Budget of$985,000
RECOMMENDATIONS: Authorize Hard e n and Associates to get upd ated quotes on all of
our employee benefit and employee-paid insurance coverages to obtain
the best coverage for th e best rates .
REVlEWED BY CITY MANAGER: ~ ~ Lllh ;
AGEND A ITEM:
SVBMITIED BY:
DATE:
BAC KG ROUN D:
B UD GET:
C ITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Renewal of Liabi lity and W orkers' Co mpensa ti on In surance
Ca th erin e Berry, Es q., Director of Hum an R esources ~
Au g us t 19, 2014
AGENDA I TEM #8C
SEPT EM llE R 8, 20 14
T here are curre n t ly two carri er s th at· prov ide liability and w orkers' co mpensa tion co verage f or
muni c ipaliti es: Preferred Gove rnm ent a l lns ur a nl.ie Tru st and Fl orid a Muni ci pa l Ins uran ce
Tru st. Our in s urance broker, llard e n and Assoc iates, got bid s fr o m both carri ers la st year and
th e Ci ty chose I'l orida Munic ipa l In suran ce Tru st for our Wo r ke rs' Co mpensat ion in s ura nce
Hnd Preferred Governrn entHi ln surance T ru st (PO IT) for all oth er li abili ty cove rages . We have
rece i ved pro mpt and effici en t service from both carriers and th ey ha ve p rovided exce ptional
renewa l rates, fo r an overall premium increase ofjustu nde1· 3% f o r next year.
P ubli c O ffi cia ls & Empl oyment Practi ces Li ability (EEOC Claims)
A uto (we added II ca rs thi s yea r)
Wor ke rs' Co mp ensa tio n
Statut ory Benefit s: Acc id ent a l Death & Di sme mb erm ent
Environm ent a l Lega l Liabil ity (three yea r pr emiu m paid in full )
Fi du ciary Li abilit y
Floo d
Pre mium in c rease o f just und er 3%, for a to ta l prem ium in crease of $11,80 7.49 (fr o m
$42 6,447.82 in 20 14 t o $43 8 ,25 5.31 in 2 0 15).
RECO MME ND ATI ONS:
I. Appro ve re newa l of a ll li a bili ty and wo r ke rs' co mp ensati on in s uran ces for th e nex t yea r.
2. Autho ri ze C ity Man ager to s ign rela ted in s urance renewa l doc um ents.
RE VI EWE D BY CITY MA NAGER : --n~ a(Ud.,
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AG I!:NDA ITEM # 80
SEPTEMBER 8, 2014
AGENDA ITEM : Russell Park Tennis Court Reconstruction
SUBMITIED BV : Doug las E. layton , P.E., y~s Dir~~.._c --
DATE: July 23, 201 4 U /
STRATEGIC PLAN LINI<: Non e.
BACKGROUND: Staff has obtained quotes to recon struct t ennis courts 1 and 2 at Ru sse ll
Park from Court Surfaces, In c., citin g City of Jack sonville (COJ) Contract #9639: Sport
Court Maintenance and Constru ctio n 2012, 2013 & 2014. Staff recommends pi ggy
ba c king on the COJ contract as authorize d in City Code (Sect . 2-336 (6)). Quotes were
obtain ed for recon stru cting with a h ard surface as currently exi sts on all city t ennis
courts and for convertin g to a cus hioned playing surface (Pie xipave). Becau se of the
nearly $25,000 i ncrease d cost for the cush ioned surface, Staff re co mmends
r econstruction with a standard playing surfa ce.
BUDGET: The current y ea r budget includes $100,000 in Parks Maintenance account 001-
6020-572-6300 to reco n str uct tenn is courts 1 and 2 at Russell Park.
RECO MMENDATION: Staff recommends the Commission approve piggy backing on the COJ
contract and authorize the City Manager to approve a purchase order for $71,926 for
resurfaci n g of Tenni s Courts 1 & 2 at Russell Park and als o authorize approximately 5%
as a contingency fund for a total of $75,000.
ATTACHMENT: (1) Quotes from Court Surfaces, In c., citing City of Jacksonvill e Contract
#9639: Sport Court Maintenance and Construction 2012, 2013 & 2014
REVI EW ED BY CITY MANAGER: ~ j/ lila, dt?t?'
Locadon
Addteso
CO!liDCl
Item
No
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
2 1
22
23
24
25
26
27
28
29
30
R eq ues tf p or urc h ase Od f C rtSrf r er or ou u aces, nc
AGENDA ITEM 1180
SEPTEMBER 8, 2014
City of Jacksonville Contract #9639: Sport Court Maintenance and Construction 2012, 2013 & 2014
Juck Ru sse ll Park Courts 1 & 2 No. of COUtiS 2 Dole 4/9/14
800 Seminole Road, Atlantic Beach, Fl 32233 Typo tennis
Tim PhOne Surfaced new asphalt
P.O.#
D escription Unit Estimated Unit Cost Total Cost Quanity
Sport Court Re -S urfacing SY $7.32
Sport Court Surfacing SY 1,440 $7.07 $10 180.80
Sport Court Leveling SY $11 .55
Tennis Court Re-Striping EA $592.00
Tennis Court Striping EA $527.00
Basketball Court Re-Striping EA $632.00
Basketball Court Striping EA $737.00
Mi se Playing Line Re -Striping LF $1.79
Mise Playing Line Striping LF $2 .00
Concrete Court (Portland Cement, 5" depth) SY $40.25
Concrete Court (Portland Cement, Additional1" depth) SY $4.15
Concrete Court (Asphaltic, Finish Type Ill or FC-12 .5, 1" SY 2,160 $14.84 $32,054.40 depth) adding 1.5" new asphalt
Concrete Court (Asphaltic, Structural-SP-1, SP-12.5 or ABC-SY $14.84 3, 1"depth)
Stabilize Subgrade (12" depth) Adding 8' by 120' for proper SY 107 $10.00 $1,070.00 court dimemslons
Limerock (4" depth ) Adding 8' by 120' new area for proper
court dimemsions (107 sy at 4") and 2" over entire area SY 827 $10.53 $8,708.31
for better elevation and drainage (1440/2 sy for 2")
Limerock (additional1" depth) SY $1 .58
Over-Excavation CY $20.85
A-3 Fill (Contingency, Delivery, Hauling & Placement CY $12.64
No. 57 Stone (Delivery, Hauling and Placement CY $70.53
Asphalt ic Concrete Removal CY $37.90
Portland Cement Concrete Removal CY $37.90
Asphalt Milling ( 1" depth) SY 1,440 $9.90 $14 256 .00
Pressure Washing SY $0.50
Grass Sod (St. Augustine) SY $22 .50
Grass Sod (Bahia) SY $21.80
Seed and Mulch SY $20.50
Mi se Court Furnishing (Labor, 2 man crew) See Appendix 1 HR 79 $44.00 $3,476.00
Mise Court Furnishing (Material(s)) See Appendix 2 EA 1,734.00 1.2 $2 080.80
Mise Court Furnishing (Equipment, $100 rental cost incl EA 0 $100 operato r) See Appendix 3
Project Records (per project site) EA 1 $100 $100.0D -
Total Base Bid (Items 1 -30) I $71 926.31
'-----)
CS I -Request for Purchase Order
Page Two
Notes:
Jack Russell Park Courts 1 & 2
4/9/14
We recommend rebuilding of these two courts after at least the pine tree and some of the palms are removed by others.
The fence will be taken down as necessary for acces s, stored on s ite and r einstalled after paving . Fence wire taken down
will be re-Installed with the top reversed to the bottom for better appearance . Courts are undersized 100' by 121' and will
be brought to minimum USTA standard dimensions or 108' by 120' by adding approximately 8' by 120' down to the west
side by excavating the new area, compacting the sub grade, adding 6" of compacted base materials and adding 1.5" of
new aspha l t. The existing aspha lt surface will be milled In place, 2" of new compacted base materials will be added,
mlxled with milled asphal t, compacted, graded and 1.5" of new asphalt over the prepared area and the edges will be saw
cut to form now 1 08' by 120' court. Both sets of net post bases will be removed and new sleeves will be installed in new
concrete In their proper location. Two new sets of net posts, two new center anchor pipes in concrete, two new tennis
nets and two new center straps will b e Installed. A new color playing surface and lines for two tennis courts will be
installed.
Appendix 1 -Line #27 Labor Detail
Mise Court Furn ishing (Labor, 2 man crew)
Remove and replace 4 net post bases and 2 center
anchor posts in new concrete with new sleeves and
anchors, install two new sets of net posts and two nets
with center straps
Take down existing fence as necessary for access and re-
Install after paving, (re-installed fence wire will be
reversed bottom to top for appearance
Total Mise Court Furnishing (Labor, 2 man crew)
A d' 2 L ' #2 F 1ppen ix -1ne 8 urnishings D etail
Mise Court Furnishing (Material(s))
Remove and replace 4 net post bases and 2 center
anchor posts In new concrete with new sleeves and
anchors, install two new sets of net posts and two nets
with center straps
Take down oxistlng fence as necessary for access and re-
Install after paving, (re-installed fence wire will be
reversed bottom to top for appearance
Total Mise Court Furnishing (Materi al(s))
A d' 3 L' #29 E . R t I D t 'I \ppen IX -1ne :Q ulpm en t en a e a1
Total Mise Court Furnishing (Equipm ent, $100 rental cost incl
operator)
HR 13 $44.00 $572.00
HR 66 $44.00 $2,904.00
HR $44.00
HR $44.00
HR $44.00
79 $44.00 $3 476.00
EA 1,213.00 1.2 $1,455.60
EA 521 .00 1.2 $625.20
EA 1 .2
EA 1.2
EA 1 ,734.00 1.2 $2,080.80
EA $100
EA $100
EA $100
EA 0 $100 $0 .00
Localion
Address
Conllcl
Item
No
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
2 1
22
23
24
25
26
27
28
29
30
R tf p or eques urc h ase r er or ou u aces, Od f C rtSrf nc
AG EN OA ITEM# 80
SEPTEM OER 8, 20 14
City of Jacksonville Contract #9639: Sport Court Maintenance and Construction 2012 ,2013 & 2014
J ack Ru ssell Par k Courts 1 & 2 wiCu slllon No.of co..-1> 2 DolO 4/21/14
BOO Sem l nolo Roa d, At lantic Beach , FL 32233 Type tennis
Tim Pho n a Surfaced new asphalt
P .O.#
Descripti o n Unit Estimated Unit Cost Total Cost Quanity
Sport Court Re-Surfacing SY $7.32
Sport Co urt S urfacing SY 1440 $7.07 $10 180.80
Sport Court Leveling SY $11 .55
T enni s Court Re-Striping EA $592.00
Tennis Court Stri ping EA $527.00
Basketball Court Re-Striping EA $632.00
Basketball Court Striping EA $737.00
Mise Playing Line Re-Striping LF $1 .79
Mise Playing Line Striping LF $2.00
Concrete Court (Portland Cement, 5" depth} SY $40 .25
Concrete Court (Portland Cement, Additional 1" depth) SY $4.15
Concrete Court (Asphaltic , Finish Type Ill o r FC-12.5, 1" SY 2,160 $14.84 $32,054.40 depth) adding 1.5" new as phalt
Conc rete Court (Asphaltic, Stru ctural -SP-1 , S P-12.5 or ABC-SY $14.84 3, 1" depth)
Stabil ize Subgrade (12" depth) Adding 8' by 120' for proper SY 107 $10.00 $1,070 .00 c ourt ditnem s ions
Llmerock (4" depth) Addi ng 8' by 120 ' new aroa for proper
court dime msions (107 sy at 4") a nd 2" over entire ar ea SY 827 $10.53 $8,708.31
for better e le vation and drainage (1440/2 sy for 2")
Limerock (additional1" deoth) SY $1.58
Over-Excavation CY $20.85
A-3 Fill (Contingency, De livery, Hauling & Placement CY $12 .64
No. 57 Stone (Delivery, Hauling and Placement CY $70 .53
Asphaltic Concre te Removal CY $37.90
Portland Cement Concrete Removal CY $37 .90
Asphalt Milling ( 1" depth) SY 1 440 $9.90 $14 256.00
Pressure Washing SY $0 .50
Grass Sod (St. Augustine) SY $22 .50
Grass Sod (Bahia) SY $2 1.80
Seed and Mul ch SY $20.50
Mise Court Furnishing (Labor, 2 man crew) See Appendix 1 HR 14 4 $44.00 $6 ,336.00
Mise Court Furnishing (Material(s)) Se e Appendix 2 EA 19,950.00 1.2 $23 940.00
Mise Court Furnishing (Equ ipment, $100 rental cost lncl EA 0 $100 opera tor) See Appendix 3
Project Records (per project si te) EA 1 $100 $100.00
Total Base Bid (Item s 1 -30) $96 645.51
I
CS I -Request for Purchase Order
Page Two
Notes:
Jack Russell Park Courts 1 & 2 w/Cushion
4/21/14
We recommend rebuilding of these two courts after at least the pine treeand some of the palms are removed by others.
The fence will be taken down as necessary for access, stored on site and reinstalled after paving. Fence wire taken down
will be re-Installed with the top reversed to the bottom for better appearance. Courts are undersized 'TOO' by 121' and wn1
be brought to minimum USTA standard dimeslons of 108' by 120' by adding approximately 8' by 120' down to the west
side by excavating the new area, compacting the sub grade, adding 6" of compacted base materials and adding 1 .5" of
new asphal t. The existing asphalt surface will be milled in place, 2" of new compacted base materials will be added,
mixled with milled asphalt, compacted, graded and 1.5" of new asphalt over the prepared area and the edges wil l be saw
cut to form new 1 08' by 120' court. Both sets of not post bases will be removed and new sleeves will be Installed In new
concrete in their proper location. Two new sets of net posts, two new center anchor pipes In concrete, two new tennis
nets and two new center straps will be Installed . A new color cushioned playing surface consisting on one coat of acrylic
resurfacer, three coats of Pfexlpave Cushion Base, three coats of Plexlpave Cushion, three coats of fortified Plexlpave
Color Coatings and lines for two tennis courts will be Installed.
Appendix 1 -Line #27 Labor Detail
Mise Court Furnishing (Labor, 2 man crew)
Remove and replace 4 net post bases and 2 center
anchor posts in new concrete with new s leeves and HR 13 $44.00 $572.00 anchors, install two new sets of net posts and two nets
with center straps
Take down existing fence as necessary for access and re-
Install after paving, (re-installed fence wire will be HR 66 $44.00 $2,904.00
reversed bottom to top for appearance
Convert standard acrylic color playing surface by
deleting one coat of resurfacer, adding 3 coats of
Plesipave Cushion Base material, adding 3 coats of HR 65 $44.00 $2,860.00
Plexipave Cushion material and one additional coat of
color coating to line two in the base bid.
Total Mise Court Furnishing (Labor, 2 man crew) 144 $44 .00 $6 336.00
A d ' 2 L. #28 F . h" ppen 1x -1ne urn1s 1ngs D 'I eta1
Mise Court Furnishing (Material(s))
Remove and replace 4 net post bases and 2 center
anchor posts in new concrete with new sleeves and EA 1,213 1.2 $1,455.60 anchors, install two new sets of net posts and two nets
with center straps
Take down existing fence as necessary for access andre-
install after paving, (re-installed fence wire will be EA 521 1.2 $625.20
reversed bottom to top for appearance
Convert standard acrylic color playing surface by
deleting one coat of resurfacer, adding 3 coats of
Pleslpave Cushion Base material, adding 3 coats of EA 18,216 1.2 $21 ,859.20
Plexipave Cushion material and one additional coat of
color coating to line two in the base bid.
Total Mise Court Furnishing (Material(s)) EA 19,950 1.2 $23,940.00
Appendix 3 -Line #29 Equipment Rental Detail
EA $100
EA $100
Total Mise Court Furnishing (Equipment, $100 rental cost incl EA 0 $100 $0.00 operator)
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
AGENDA ITEM# 8E
SEPTEMBER 8, 2014
The Green Apple Day of Service brings together thousands of students,
teachers, parents and community leaders from around the globe to
improve our school environments through service projects, education,
community events and more; and
With a vast network of champions, the Green Apple Day of Service
focuses on transforming all schools into healthy, safe and productive
learning environments; and
The primary goal of the Green Apple Day of Service is to raise
awareness about the growing importance of creating green schools so
that all students may learn in healthy buildings; arid
The North Florida Chapter of the U.S. Green Building Association works
to create a sustainable region and green buildings for everyone
through open and collaborative education and leadership efforts; and
The City of Jacksonville joins the North Florida Chapter of the U.S.
Green Building Association in recognizing the Green Apple Day of
Service.
NOW, THEREFORE, I, ALVIN BROWN, by virtue of the authority vested in me as
mayor of Jacksonville, Florida, do hereby proclaim September 28, 2013
as
GREEN APPLE DAY OF SERVICE
in Jacksonville and encourage all citizens to learn more about the
potential benefits qf Green Apple Day of Service and the U.S. Green
Building Council North Florida Chapter.
IN WITNESS THEREOF, this day of
MAYOR
CITY OF JACKSONVILLE, FLORIDA
Bartle, Donn a
From:
Se nt:
T o :
Subjec t :
Greetings ocean warriors !
Pyne, Nancy [npyne@ocea na .org)
Thursday, August 14, 2014 5:53PM
Mark, Maria
Next Steps!
AGENDA ITEM t1 SF
SEPTEMB ER 8, 201 4
By now I'm su re you al l know that t he Obama administration has gree n-lighted seism ic blasting in the Atl antic, and t hat
t hey are also accept ing comments on BOEM's 5 yea r p lan f or offs hore o il & gas drillin g o n t he outer con tinental she lf
until tomorrow.
Wh i le t h is news is certain ly disappointing, it's not unexpected. We've all succee ded in del ayi ng th e seism ic decisi on for
two years-a v ictory i n and of itself. But now t he f ight is shifting, an d we'll have to f igh t each ind ividua l a pplication at
t he permit leve l. And t hat's wher e our orga n iz ations a nd activists come in.
We're redoub ling our efforts to get Governo r s and local officia ls to oppose seismic b lasting off THEIR state's coasts. The
t heo ry being if eno ugh coastal commu nities oppose t his, we can stop seism ic b lasting on a case by case bas is, while
buil ding the momentum we'll need to pr event t he At lantic f rom being i ncluded in BOE M 's next Syr pla n. {So far 19
t owns have passed resolutions op posing/voicing concern with seismic ai rguns and one more has come out strong
aga inst offshore dri lling.)
My col leag ues w ill be r eaching o u t to yo u abou t im med i ate next steps. Thank you so much for all your wor k so far! Thi s
Is a big fight. Let's w i n it.
For the oceans,
Nancy
Na n cy Pyne
Grassroots Manager, Climate and Ener gy Campaign
ocEANA 1 Protecting the World 's Oceans
1350 Connecticut Ave. NW, 5th Floor 1 Washington , D.C ., 20036 USA
D +1.202.4 67.19031 C +1.202.486.6406
E npyne@oceana .org IW hltp:lloceana.org
Facebook http:/fW\NW.facebook,com/OoeanaGrea terOC
** Ch eck ou t our ne w film "Drill, Spill, Rep ea t?" View the video trailer h ere and the [u/1-/enqth film here. Or l e t m e
know if you'd lil<e a DVDI
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RESOLUTION NO. 2014-08
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
COCOA BEACH, FLORIDA, OPPOSING SEISMIC AIRGUN
TESTING IN THE ATLANTIC OCEAN; PROVIDING FOR AN
EFFECTIVE DATE.
AG~N DA lTI!.:M #SF
SE P'l'EMB E R 8, 2014
WHEREAS, the City of Cocoa Beach endeavors to be a good steward of the coastal
environment and its resources, and
WHEREAS, seismic airgun testing is being proposed by the Bureau of Ocean Energy
Managemen t (BOEM) for th e exploration of oil and natural gas off the mid -Atlantic coast; and
WHEREAS, tourism is a major economic forc e in th e City of Cocoa Beach and offshore
drilling poses a major threat to our coastal eco nomy and natural resources and, should a spill occur,
the natura l environment that supports our lo cal economy would be severely damaged and the quality
of life that both residents and visitors have come to expect would be negative ly affected for the
foreseeable future; and
WHEREAS, and the State of Flo rida has a long history of hurricanes and offshore drilling
would increase the chances of platform failures a nd oil spills due to the vulnerability of the coastal
waters to severe weather, and
WHEREAS, the use of airgu ns to conduct these seismic te sts threatens fish populations and
profitable fisheries; and
WHEREAS, the type of seismic airgun testing used to search for oil and gas is in credibly
harmful and could injure or possibly kill thousands of marine mammals, sea turtles and fi sh including
the critically endangered North Atlantic right whale whose population stands at 500 individuals in the
e ntire world, and
WHEREAS, the seismic airgun s fire intense blasts of compressed ai r -almost as loud as
explosives every 10-12 seconds twenty-fou r hours a day for days to weeks on end. These loud airgun
blasts can be heard for many hund reds of miles in the ocean and can drive whales to abandon their
.hab itats, go silent and cease foraging over vast areas. At shorter distances, airguns can cause
permanent hearing loss, injury and eve n death for whales, dolphins, sea turtles and fish; and
WHEREAS, the proposed seismic airgun testing will result in seri o us negative impact to our
marine resources, which form th e foundation of economic vitality f or communities all along the
Atlantic Coast.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF COCOA
BEACH; BREVARD COUNTY, FLORIDA, opposes seismic airgun testin g and urges the President's
Administration to stop this process and focus on ensu ring the vitality of vulnerable local economies along the
Atlantic Coast as we cannot continue to put our ocean, env ironment , beaches, marine resources and local
economies at risk.
BE IT FURTHER RESOLVED, that a certified copy of this resol ution be forward ed to Pre sident Obama.
Upon Motion by Commissioner mo.. I i K and Seconded by Commissioner -ruMu. \~
this Resolution w~s duly adopted at a Regular Meeting of the City Commission of th e City of Cocoa Beach]=orida,
held on the 'b <O · day of . Ape i \ , 2014 .
1
v
David Netterstrom, Mayor-Commissio
46 City Clerk
NO. 2014-165
A RESOLUTION OF THE CITY OF
ST. PETERSBURG, FLORIDA CITY COUNCIL
OPPOSING SEISMIC AIR-GUN TESTING IN
THE ATLANTIC OCEAN AND THE EASTERN
GULF OF MEXICO; AND PROVIDING AN
EFFECTIVE DATE.
AGENDA ITEM# SF
SEPTEMBER 8, 2014
WHEREAS, President Obama's Administration is currently considering a
proposal to allow seismic air-gun testing in the Atlantic Ocean to search for oil and gas; and
WHEREAS, the use of air guns to conduct these seismic tests threatens fish
populations and profitable fisheries; and
WHEREAS, the type of seismic air-gun testing used to search for oil and gas is
incredibly harmful and could injure or possibly kill thousands of marine mammals and fish
including the critically endangered North Atlantic right whale; and
WHEREAS, the seismic air-guns fire intense blasts of compressed air -almost as
loud as explosives every 1-12 seconds twenty-four hours a day for days to weeks on end. These
loud air-gun blasts can be heard for many hundreds of miles in the ocean and can drive whales to
abandon their habitats, go silent and cease foraging over vast areas. At shorter distances, air-
guns can cause permanent hearing loss, injury and even death for whales, dolphins and fish; and
WHEREAS, the proposed seismic air-gun testing will result in serious negative
impact to our marine resources which form the foundation of economic vitality for communities
all along the Atlantic Coast; and
WHEREAS, although the City of St Petersburg is located on the Gulf Coast of
western Florida, the economic vitality of communities on the Atlantic Coast affects the economic
vitality of Florida and all of its cities, and there exists the possibility that this activity could later
move into the eastern Gulf of Mexico which would directly negatively impact the City and its
citizens.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of St.
Petersburg, Florida urges the President's Administration to stop this process and focus on
ensuring the vitality of vulnerable local economies along the Atlantic Coast and the eastern Gulf
of Mexico because we cannot continue to put our ocean environment, beaches, marine resources
and local economies at risk.
BE IT FURTHER RESOLVED that the Clerk shall transmit a certified copy of
this resolution to President Obama.
20 14-I 65
Page 2
Thi s resolution shall become effective im111ediatcly upon its adoption.
Adopted by St. Petersburg City Council on seco
day of April , 20 14.
AGENDA ITEM II 817
SE PTEM BER 8, 2014
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04/15/2014
Item No. ~
AGENDA ITEM# 811
SEPTEMBER 8, 2014
Subject: Resolution No. 2014-15; opposing Seismic Airgun Testing in the Atlantic
Ocean; providing for the repeal of prior inconsistent resolutions; severability: and an
effective date.
De artment: Administrative Services
Summary: In December 2009, the City of Cape Canaveral City Council passed a
resolution opposing a bill to allow for offshore drilling in the State of Florida (see
Attachment 1 ).
As reported by Florida Today and other media outlets recently, Federal regulators plan
to allow seismic airguns that emit dynamite-like underwater blasts to survey for oil and
gas deep beneath the ocean floor, from Cape Canaveral to Delaware. Conservation
groups fear the tests, which are 100,000 times more intense than a jet engine. will kill or
harm thousands of dolphins, whales and other marine life. (see Attachment 2)
According to Wikipedla, reflection seismology Is a method of exploration geophysics
that uses the principles of seismology to estimate the properties of the Earth's
subsurface from reflected seismic waves (waves of energy that travel through the
Earth's layers). The method requires a controlled seismic source of energy, such as
dynamite or a specialized airgun. Attachment 3 illustrates how seismic airgun testing
works and its impacts.
Resolution No. 2014-15 (Attachment 4) Is submitted for Council consideration . The City
of Cocoa Beach Commission passed a similar resolution on Thursday, April 3, 2013 to
oppose seismic airgun testing in the Atlantic Ocean in order to find oil and gas deposits.
Date: 04/4/2014
) Articles ; (3) Illustration; {4)
Financial Impact: Staff t ime to prepare item.
Reviewed b Finance Director: John Deleo Date:
The City Manager recommends that City Coun
Adopt Resolution No. 2014-14.
ake the following
er: David L. Gree ne~ Date:
) Approved as Recommended [ ] Dlsapprovea
] Approved with Modifications
Tabled to Time Certain
Attachment 1
RESOLUTION NO. 2009-48
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, OPPOSING A BILL TO ALLOW THE GOVERNOR
AND CABINET TO ALLOW FOR OFFSHORE DRILUNG IN THE STATE
OF FLORIDA; PROVIDING AN EFFECTIVE DATE.
AGENDA ITEM # 8F
SEPTEMBER 8, 2014
WHEREAS, the City of Cape Canaveral, Brevard County, Florida has made the
following detenninations:
1. The Florida House has begun debate on a bill to allow the Governor and
Cabinet to allow for offshore drilling off Florida's coast and end the 20-year drilling
moratorium.
2. This bill would allow the Governor and Cabinet (sitting as the Trustees of
the lntemallmprovement Trust Fund) to receive, review, and then accept or reject in the
Cabinet's sole discretion, proposals for exploration and production of oil and natural gas
in Florida's state waters.
3. Offshore drilling would threaten Florida's economy by bringing oil rigs 3
miles off Florida's coast, sanctioning drilling in the shallow waters of the Gulf, and
allowing unlimited pipelines to go through sensitive areas up to Florida beaches.
4. Offshore drilling creates an environmental threat to marine animals
whereby the sounds carry through the water for hundreds of miles and have been
known to cause pennanent hearing loss in marine mammals and also disrupts their
feeding, migration, social bonding, predator avoidance, and hav' ~n associated with
stranded whales.
NOW THEREFORE, BE IT RESOLVED by the City of Cape Canaveral, Brevard
County, Florida:
Section 1: The foregoing recitals contained in the preamble to this
Resolution are incorporated by reference herein.
Section 2: This City opposes offshore drilling in Florida.
Section 3: The City Clerk is hereby directed to send a copy of this
resolution to Governor Charlie Crist, the County's Legislative Delegation, the
Space Coast League of Cities and the Florida League of Cities.
Section 4: This Resolution shall take effect upon its adoption.
City of Cape Canave1111, Florida
Resolution No. 2009-48
Page2of2
AGENDA ITEM #SF
SEPTEMBER 8, 2014
ADOPTED BY, the City of Cape Canaveral City Council this 15th day of December,
2009.
Approved as to Form:
Name
Robert Hoog
Buzz Petsos
Rocky Randels
For Against
X
KeU:eB Second
X
Seeeae Motion
Shannon Roberts ... ------
Betty Walsh X
Feds plan to OK oil, gas surveys Attachment 2 Page 1 of3
Feds plan to OK oil, gas surveys
AGENDA ITEM# 8F
SEPTEMBER 8, 2014
Jim Waymer, Brevard 12:18 a.m . .t'STFebruar.v 28, 2014
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Federal regulators plan to allow seismic airguns that emit dynamite-like underwater blasts to survey for oil and
gas deep beneath the ocean floor, from Cape Canaveral to Delaware.
But conservation groups fear the tests-which are 100,000 times more intense than a jet engine -will kill or
harm thousands of dolphins, whales and other marine life.
"We don't need to tum the Atlantic into a blast zone," said Matthew Huelsenbeck, marine scientist at Oceana, a nonprofit group critical of the plan. "There
are other ways to go about seismic testing."
Between 1966 and 1988, the energy industry gathered two-dimensional surveys of the Atlantic Outer Continental Shelf. But industry officials say new
technology could provide much improved three-dimensional surveys of potential oil and gas deposit areas.
The federal Bureau of Ocean Energy Management (BOEM) plans to allow seismic surveys from just south of Cape Canaveral to Delaware In federal
waters, from three to 350 nautical miles out to sea, an area about double the size of California. But the geological surveys and impacts could cross into
state waters closer to shore as well.
The study covers surveys proposed through 2020.
A 30-<lay review period for the bureau's study will close on April7.
Over the 94-<lay comment period on the draft environmental study, the federal agency received 55,295 comments.
Survey ships would tow arrays of the seismic airguns, which produce compressed air bubbles under extreme pressure to create sound.
Hydrophones towed near the surface record the sound that bounces back from the ocean bottom to reveal a 3-D image of bottom formations that may
hint at oil or gas deposits.
But any resutting hearing loss in whales and dolphins could harm the mammals' ability to navigate, feed and care for their young. The sounds also can
disturb breeding and feeding and inhibit marine mammals' ability to communicate with one another.
The bureau's report comes a week after more than 100 scientists called on the Obama administration to hold off on permitting the seismic surveys until
new acoustic guidelines for marine mammals currently being developed are complete.
The bureau's study found "negligible' or "minor' impacts to most species that would be affected by the seismic surveys.
But environmentalists' biggest concern is the North Atlantic right whale, the rarest large whale species, thought to number only about 500 individuals
globally.
The airguns can cause hearing loss and mask mating calls and other biologically important sound for whales, fish and other wildlife.
Most research revolves around sound impacts on marine mammals. The impacts on sea turtles are less clear. Sea turtles don't have ear drums or
external ears, bu1their auditory sense is adapted to vibrations in the water.
The federal environmental study includes several alternatives for ways to avoid harming whales, sea turtles and other wildlife. Proposals include closing
certain offshore areas to seismic surveying off Brevard County during the main sea turtle nesting season-May 1 to Oct. 31. Additional areas could be
off-limits for the sound surveying during right whale migration-Nov. 15to April15.
Oceana says that won't adequately protect the right whale's migratory corridor and nursery areas. They also say the feds failed to consider safer
attemative technologies, such as marine vibroseis, a quieter surveying method than seismic airguns with less impact on marine mammals.
http://www .floridatoday .com/story/news/local/20 14/02/28/feds-plan-to-ok-oil-gas-surveys-/5 8 85987/ 4/4/2014
Feds plan to OK oil, gas surveys Page 2 of3
In April, Oceana released a report citing federal estimates that the sonic blasts from the proposed seismic surveys could injure and possibly kill up to
136,500 dolphins and whales, and put thousands of tourism and fishing jobs at risk.
"Imagine a rocket being launched out of your living room every 10 seconds, 24 hours a day, for days to weeks at a time," Huelsenbeck, the report's
author, said at the time. "You could go deaf or be forced to move. That's what it's like for sea life that is subjected to seismic testing, but unlike in people,
a deaf whale is a dead whale."
Contact Waymer at 321-242-3663 or jwaymer@floridatoday.com Follow him on Twitter: @JWayEnviro
Oil off Brevard?
• For information and to comment on the study, visit:
boem.gov/oil-and-gas-energy-program/GOMR/GandG.aspx
• Read Oceana's report here: http://oceana.org/en/news-media/publications/reports/a-<feaf-whale-ls-a-<fead-whale-seismlc-airgun-testing-for-oil-and-gas-
threatens-marine-life-and-co
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'Airgun' Drilling In The Atlantic Wouldn't Find Much Oil, But Could Harm Wildlife 1 Thi... Page 1 of 4
t:LimSTBFf 'DGI BSEi
AGENDA ITEM# 8F
SEPTEMBER 8, 2014
'Airgun' Drilling In The Atlantic Wouldn't Find Much Oil, But
Could Harm Wildlife
CREDIT: SHUTIERSTOCK
A long-awaited Environmental Impact Statement (EIS) released Thursday by the Interior Department sets
the stage for the Bureau of Ocean Energy Management to start issuing permits for seismic exploration off
the Atlantic Coast in an effort to locate oil and gas reserves. The controversial process, which uses high-
pressure underwater seismic airgun blasts, has been opposed by a number of groups on grounds that it
causes undue and unreasonable harm to marine life. Last week more than 100 marine scientists and
conservation biologists sent a letter to President Obama and his administration urging them to "use the
best available science before permitting seismic surveys for offshore oil and gas in the mid-and south
Atlantic." The letter calls on the administration to wait on new acoustic guidelines for marine mammals,
which are currently in development by the National Marine Fisheries Service.
http:/ /thinkprogress.org/ c limate/20 14/02/2 8/3 34 200 1 /atlantic-drilling-seismic-exploration/ 4/4/2014
'Airgun' Drilling In The Atlantic Wouldn't Find Much Oil, But Could Harm Wildlife 1 Thi... Page 2 of 4
Tommy Beaudreau, director of the Bureau of Ocean Energy Management, said that the Interior
Department's plan closes certain areas for the endangered North Atlantic Right Whale and nesting
habitat for sea turtles. "We're really going to require and demand a high level of environmental
performance," Beaudreau said.
According to Beaudreau, the current seismic information from the area is decades old and used now-
obsolete technologies-estimates from the 70s and 80s put the amount around a modest 3.3 billion
barrels of oil. Currently the Gulf of Mexico produces about 1,250,000 barrels of oil a day according to the
U.S. Energy Information Administration. At this rate the proven reserves off the Atlantic would be the
equivalent of just over seven years' of Gulf oil. The area under consideration stretches all the way from
Delaware to Florida and is twice the size of California.
The BOE M estimates from the 80s also put about 31.3 trillion cubic feet of gas off the East Coast. In 2012,
the U.S. produced just over 24,000,000 million cubic feet of natural gas-meaning the supply off the
East Coast is about what the rest of the country now produces in 15 months.
The EIS commences a five-year planning process that would open up the Atlantic to development. The
area is currently off-limits to oil and gas exploration until2017, but the next president could lift that
restriction. On Monday, Interior Secretary Sally Jewell met with the Outer Continental Shelf Governors
Coalition for the first time. "Republican Govs. Pat McCrory (N.c.), Phil Bryant (Miss.), Robert Bentley
(Ala.) and Democratic Gov. Terry McAuliffe (Va.) attended the meeting," reported The Hill. (/McAuliffe
told reporters he would join the all-Republican coalition-making him the first Democratic governor to
do so."
In September, Oceana, an ocean protection organization, delivered more than 100,000 petitions
opposing seismic airguns to Beaudreau. Around SO members of Congress, including some Republicans,
have also sent letters to the president opposing the seismic tests.
11With offshore drilling in the Atlantic at least five years away, shooting seismic airguns is an unnecessary
insult to marine life and coastal economies," Jacqueline Savitz, Vice President for U.S. Oceans at Oceana,
said in the statement. "Our message is simple; do not turn the Atlantic into a blast zone -Stop Seismic
Airguns. It is time for the Obama administration to stand up to Big Oil and say 'no' to seismic airgun
testing in the Atlantic."
Industry has submitted nine applications from oil and gas companies and seismic contractors, according
to Beaudreau.
http:/ /th inkprogress.org/cl imate/20 14/02/28/3342001 /atlantic-dril I i ng -seismic-exploration/ 4/4/2014
'Airgun' Drilling In The Atlantic Wouldn't Find Much Oil, But Could Harm Wildlife I Thi... Page 3 of 4
"Those applications propose literally hundreds of thousands of miles of seismic blasting," writes Michael
Jasny, Senior Policy Analyst for the Natural Resources Defense Council. "And no doubt there are others
waiting in the wings:"
"Because of the enormous distances sound can travel in the ocean, the dangerous noise from
this activity cannot remotely be confined to the waters off individual states that encourage it.
Some impacts-particularly on the great baleen whales-would extend many hundreds of
miles, affecting states as far north as New England. Fish and fisheries could be affected for tens
of miles around every seismic ship."
Jasny sees airgun exploration as a gateway drug to offshore drilling-at an important juncture like this it
can be helpful to look backwards to see what might be coming down the pike.
Pockets of oil from the Exxon Valdez spill off the coast of Alaska 25 years ago can still be found among
coastal rocks, according to a report presented at the American Geophysical Union meeting on
Wednesday. The study aimed to find how long oil persists after a spill.
"To have oil there after 23 years is remarkable," Gail Irvine of the USGS's Alaska Science Center said. "We
have these marked boulders whose movement we've been studying for more than 18 years. The oil itself
has hardly weathered and is similar to 11-day-old oil."
The Exxon Valdez spill, at nearly 11 million gallons, was the largest in U.S. history until 2010's Deepwater
Horizon disaster dwarfed it, spewing over 200 million gallons into the Gulf of Mexico. If the proposed
seismic tests find significant oil reserves off the Atlantic coast, the region will be subject to similar risks.
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http://thinkprogress.org/cl imate/20 14/02/28/334 200 I /atlantic-drilling-seismic-exploration/ 4/4/2014
HOW IT WORKS
Seismic airgun testing is used to locate oil
and gas depos its dee p below the ocean floor.
\
\
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\ '
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\ ' \
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"
AGENDA ITEM# SF
SEPTE MBER 8 , 2014
Attachment 3
I
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I
I
I
I
I
I
I
·~--· : .....
I
I
A vesse l tows a seismic airgun, which
shoots extremely loud blasts of comp ressed
air through the ocean and miles under the
seafloor, every ten seconds, 24 hours a day,
for days to weeks on end.
. . .
AGENDA ITEM # 8F
SEPTEM BE R 8, 20 14
-.:.., .. -. -· ~ .....
-~~--·· .... , ~~-. ~~·~ -v' ---
Seismic airguns are so loud and constant that they can Injure
or disturb vital behaviors In ftsh, dolphins, whales and sea turtles.
PROPOSED AREA
Seismic airgun testing
Is being conside red from
Delaware to Florida, but Its
Impacts would be felt along
the entire East Coast.
IMPACTS TO MARINE MAMMALS
• Temporary and permanent hearing loss
• Abandonment of habitat
• Disruption of mating and feeding
• Beach stranding and death
IMPACTS TO THE ATLANTIC OCEAN
• Injury to 138,500 dolphins and whales
• Injury to nine critically endangered
North Atlantic right whales (only 361 left)
• Disruption of threate ned loggerhead sea turtle nesting
• Displacement of comme rcially valuable species and
decrease of catch rates for coastal fisheries
Source: U.S. Deportment of the lnttrlor
Attachment 4
RESOLUTION NO. 2014-15
AGENDA ITEM# SF
SEPTEMBER 8, 2014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, OPPOSING SEISMIC AIRGUN TESTING IN
THE ATLANTIC OCEAN; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral endeavors to be a good steward of the coastal
environment and its resources; and
WHEREAS, seismic airgun testing is being proposed by the Bureau of Ocean Energy
Management (BOEM) for the exploration of oil and natural gas off the mid-Atlantic coast; and
WHEREAS, tourism is a major economic force in the City of Cape Canaveral and
offshore drilling poses a major threat to our coastal economy and natural resources and, should a
spill occur, the natural environment that supports our local economy would be severely damaged
and the quality of life that both residents and visitors have come to expect would be negatively
affected for the foreseeable future; and
WHEREAS, the State of Florida has a long history of hurricanes and offshore drilling
would increase the chances of platform failures and oil spills due to the vulnerability of the
coastal waters to severe weather; and
WHEREAS, the use of airguns to conduct these seismic tests threatens fish populations
and profitable fisheries; and
WHEREAS, the type of seismic airgun testing used to search for oil and gas is incredibly
harmful and could injure or possibly kill thousands of marine mammals, sea turtles and fish
including the critically endangered North Atlantic Right Whale whose population stands at 500
individuals in the entire world; and
WHEREAS, the seismic airguns fire intense blasts of compressed air -almost as loud as
explosives every 10-12 seconds twenty-four hours a day for weeks on end. These loud airgun
blasts can be heard for many hundreds of miles in the ocean and can drive whales to abandon
habitats, go silent and cease foraging over vast areas. At shorter distances, airguns can cause
permanent hearing loss, injury and even death for whales, dolphins, sea turtles and fish; and
WHEREAS, the proposed seismic airgun testing will result in serious negative impact to
our marine resources, which form the foundation of economic vitality for communities all along
the Atlantic Coast; and
City of Cape Canaveral
Resolution No. 2014-15
Page 1 of2
AGENDA ITEM# 8F
SEPTEMBER 8, 2014
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cape
Canaveral, Brevard County, Florida: opposes seismic airgun testing and urges the President's
Administration to stop this process and focus on ensuring the vitality of vulnerable local
economies along the Atlantic Coast as we cannot continue to put our ocean, environment,
beaches, marine resources and local economies at risk.
BE IT FURTHER RESOLVED THAT, a certified copy of this Resolution is forwarded
to President Obama.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of
April2014.
ATTEST:
Angela Apperson, City Clerk
Approved as to Fonn:
Rocky Randels, Mayor
John Bond
Robert Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2014-15
Page 2 of2
For Against
ORDINANCE NO. 95-14-108
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 9, OF THE CODE OF
ORDINANCES, TO PROHIBIT DISCRIMINATION;
PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
AGENDA ITEM# 8G
, ; . SEPTEMBER 8, 2014
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, recognizes
individuals within the City should be free from discrimination based upon race, color, religion,
sex, national origin, sexual orientation, gender identity or gender expression;
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, wishes to
protect each citizen's interest in personal dignity and to preserve the public safety, health and
general welfare of the City;
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that it is
necessary to amend Chapter 9 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. Regulation Amended. That Chapter 9 of the Code of Ordinances, of the
City of Atlantic Beach, Florida, is hereby amended to read as follows:
ARTICLE I. IN GENERAL
Sec. 9-1. Purpose.
To promote a City where individuals are free from discrimination
based upon race, color, religion, sex, national origin, sexual
orientation, gender identity or gender expression.
Sec. 9-2. Definitions.
ORDINANCE NO. 95-14-108
Page 1 of 16
Whenever used in this chapter, the following words and terms shall
have the following meanings unless the context necessarily
requires otherwise:
Aggrieved individual shall mean any individual who claims to have
been injured by a discriminatory practice.
Discriminatory practice shall mean any practice or act made
unlawful or which is otherwise prohibited by this chapter.
Dwelling shall mean any building, structure, or portion thereof
which is occupied as, or designed or intended for occupancy as, a
residence by one (1) or more families, and any vacant land which
is offered for sale or lease for the construction or location of any
such building, structure or portion thereof.
Family shall include a single individual.
Gender expression shall mean an individual's gender-related
appearance and behavior, whether or not that gender expression is
or is perceived to be different from that traditionally associated
with the individual's assigned sex at birth.
Gender Identity shall mean an individual's gender-related identity,
whether or not that identity is or is perceived to be different from
that traditionally associated with the sex assigned to that individual
at birth.
National origin shall mean the national origin of an ancestor or the
country of origin of an individual's forebears, naturally, by
marriage or by adoption.
ORDINANCE NO. 95-14-108
Page 2 of 16
AGENDA ITEM # 8G
SEPTEMBER 8, 2014
Person shall include one (1) or more individuals, corporations,
partnerships, associations, labor organizations, legal
representatives, mutual companies, joint-stock companies, trust,
unincorporated organizations, trustees in bankruptcy, receivers,
and fiduciaries.
Places of public accommodation shall mean any establishment,
service, place or building which offers, sells, or otherwise makes
available to the public any good, service, facility, privilege or
advantage. The following shall not be considered places of public
accommodation: private clubs or establishments not open to the
public other than members of the club or establishment, and
facilities and accommodations owned or operated by religious
organizations, associations, societies, or non-profit organizations
operating or controlled by a religious organization, where the
facilities and accommodations are made available to members of
that religion but not to the public.
Religious organization shall include a religious corporation,
association or society.
To rent shall include to lease, to sublease, to let and otherwise to
grant for a consideration the right to occupy premises not owned
by the occupant.
Sexual orientation means an individual's actual or perceived
heterosexuality, homosexuality or bisexuality.
Sec. 9-3. Prohibited conduct.
ORDINANCE NO. 95-14-108
Page 3 of 16
AGENDA ITEM# 8G
SEPTEMBER 8, 2014
Subject to the exceptions set out in this article, it shall be unlawful
for any person to do any of the following acts:
(1) No person or employment agency shall directly or indirectly
discriminate against any individual in hiring, classification,
grading, discharge, discipline, compensation or other term or
condition of employment because of the individual's race, color,
religion, sex, national origin, sexual orientation, gender identity or
gender expression.
(2) No person shall discriminate against any individual in any
aspect of any credit transaction, or in any terms and conditions of
bonding because of the individual's race, color, religion, sex,
national origin, sexual orientation, gender identity or gender
expression.
(3) No person who owns, leases, rents, operates, manages or in any
manner controls a public accommodation shall withhold, deny,
curtail, limit or discriminate concerning the full use of such public
accommodation by any individual because of the individual's race,
color, religion, sex, national origin, sexual orientation, gender
identity or gender expression.
(4) It shall be unlawful for a person to retaliate or discriminate in
any manner against an individual because such individual opposed
a practice prohibited by this chapter or prohibited by existing
federal or state law prohibiting discrimination; or to retaliate or
discriminate in any manner against an individual because such
individual has filed a complaint, testified, assisted or participated
in any manner in any investigation, proceeding, hearing or
ORDINANCE NO. 95-14-108
Page 4 of 16
AGENDA ITEM# SG
SEPTEMBER 8, 2014
conference under this chapter or under any federal or state law
prohibiting discrimination.
(5) It shall be unlawful to coerce, intimidate, threaten or interfere
with any individual in the exercise or enjoyment of, or on account
of his or her having exercised or enjoyed, or on account of his or
her having aided or encouraged any other individual in the exercise
or enjoyment of, any right granted or protected by this chapter.
Sec. 9-4. Complaints.
(1) An aggrieved individual may, under this article, file a
complaint with the City Clerk and request a hearing before a
special magistrate within sixty (60) days to determine ifthe alleged
person committed a discriminatory practice prohibited by this
article. If the special magistrate finds that a discriminatory practice
has been committed or is about to be committed, the special
magistrate may issue an order prohibiting the discriminatory
practice and providing affirmative relief from the effects of the
discriminatory practice including, but not limited to, a temporary
or permanent i~unction or other equitable relief, a temporary
restraining order, or an award of actual damages, including back
pay, punitive damages, an award of reasonable attorney's fees,
interest, and costs, or other such relief as the special magistrate
deems appropriate.
(2) Either party may appeal the decision of the special
magistrate by commencing a civil action in a court of competent
jurisdiction provided, however, that such civil action must be filed
no later than one year after the discriminatory practice is alleged to
have been committed.
ORDINANCE NO. 95-14-108
Page 5 of 16
AGENDA ITEM# 8G
SEPTEM.l;Jij:R 8, 2014
(3) If, in a civil action commenced under this article, the court
finds that a discriminatory practice has been committed or is about
to be committed, the court may issue an order prohibiting the
discriminatory practice and providing affirmative relief from the
effects of the discriminatory practice including, but not limited to,
a temporary or permanent injunction or other equitable relief, a
temporary restraining order, an award of actual damages, including
back pay, punitive damages, an award of reasonable attorney's
fees, interest, and costs, or other such relief as the court deems
appropriate.
Sec. 9-5. Exemptions.
Nothing in sections 9-1 through 9-4 shall apply to:
(1) Sovereign immunity:
(a) Pursuant to Article X, Section 13, Florida Constitution, nothing
in this chapter shall be deemed to be a provision for bringing suit
against the state or otherwise be deemed to be a waiver of
sovereign immunity.
(b) Nothing in this chapter shall be construed to prohibit any
sovereignly immune entity from adopting its own internal policies
and rules to prohibit discriminatory practices and acts and to
resolve allegations or complaints of such discriminatory practices
and acts to the extent allowed by law.
(c) Nothing in this chapter shall be deemed to modify, impair, or
otherwise affect any other right or remedy conferred by the
constitution or laws of the United States or the State of Florida,
ORDINANCE NO. 95-14-108
Page 6 of 16
AGENDA ITEM# SG
, . SEPTEMBER 8, 2014
and the provisions of this chapter shall be deemed to be in addition
to those provided by such other laws.
(2) Religious organizations:
This article shall not apply to a corporation, association,
educational institution, or society that is exempt from the religious
discrimination provisions of Title VII of the Civil Rights Acts of
1964 pursuant to section 702(a) of such Act (42 U.S.C. 2000e-
l(a)), or as such section may hereafter be amended. For purposes
of this chapter, such corporations, associations, educational
institutions, or societies shall include religious corporations,
associations, educational institutions, or societies which condition
opportunities in the area of employment to members of that
religious corporation, association, educational institution, or
society or to persons who subscribe to its tenants or beliefs.
(3) Employers:
Notwithstanding any other provision of this article, it shall not be a
discriminatory practice under this article to take or fail to take any
action based upon the individual's race, color, religion, sex,
national origin, sexual orientation, gender identity or gender
expression when a bona fide occupational qualification is
reasonably necessary for the performance of employment to which
such action or inaction is related. Employers are able to observe
the terms of a bona fide seniority system, a bona fide employee
benefit plan such as a retirement, pension, or insurance plan, or a
system which measures earnings by quantity or quality of
production, which is not designed, intended, or used to evade the
purposes of this article. This article shall not be construed to make
unlawful the rejection or termination of employment when the
ORDINANCE NO. 95-14-108
Page 7 of 16
AGENDA ITEM# SG
SEPTEMBER 8, 2014
individual applicant or employee has failed to meet bona fide
requirements for the job or position sought or held, nor shall this
article preclude such physical and medical examinations of
applicants and employees as an employer may require of
applicants and employees to determine fitness for the job or
position sought or held.
(4) Businesses:
This article shall not apply to a corporation, professional
association or business that employs fifteen (15) employees or less.
(5) Rentals:
This article shall not apply to rooms or units in dwellings
containing living quarters occupied or intended to be occupied by
no more than four (4) families living independently of each other,
if the owner actually maintains and occupies one of such living
quarters as his residence.
Sec. 9-6. Criminal Acts
Nothing in this article may be asserted or construed as a defense to
any criminal act, prohibited by local, state or federal laws.
Sec. 9-7. False Claims
If a court of competent jurisdiction finds that an unsupported claim
was filed by an individual claiming to be an aggrieved party, the
party required to defend against the meritless claim shall be
entitled to attorney's fees and sanctions pursuant to Section 57.105,
Florida Statutes.
Sees. 9-8-9-16. Reserved.
ORDINANCE NO. 95-14-108
Page 8 ofl6
AGENDA ITEM# 8G
SEPTEMBER 8, 2014
ARTICLE II. FAIR HOUSING
Sec. 9-17. Prohibited conduct.
Subject to the exceptions set out in this article, it shall be unlawful
for any person to do any of the following acts:
(1) To refuse to sell or rent after the making of a bona fide offer to
do so or to refuse to negotiate for the sale or rental of, or otherwise
make unavailable or deny a dwelling to any person because of
race, color, sex, religion, national origin, sexual orientation, gender
identity or gender expression.
(2) To discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provisions of
services or facilities in connection therewith, because of race,
color, sex, religion, national origin, sexual orientation, gender
identity or gender expression.
(3) To make, print or publish, or cause to be made, printed or
published any notice, statement or advertisement with respect to
the sale or rental of a dwelling that indicates any preference,
limitation or discrimination based on race, color, sex, religion,
national origin, sexual orientation, gender identity or gender
expression or an intention to make any such preference, limitation
or discrimination.
(4) To represent to any person because of race, color, sex, religion,
national origin, sexual orientation, gender identity or gender
ORDINANCE NO. 95-14-108
Page 9 of16
AGENDA ITEM # 8G
SEPTEMBER 8, 2014
expression that any dwelling is not available for inspection, sale or
rental when such dwelling is in fact so available.
(5) For profit, to induce or attempt to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, sex, religion, national origin, sexual
orientation, gender identity or gender expression.
Sec. 9-18. Multiple listing services.
It shall be unlawful to deny any person access to or membership or
participation in any multiple listing service, real estate brokers
organization, or other service, organization or facility relating to
the business of selling or renting dwellings, or to discriminate
against him in the terms or conditions of such access, membership
or participation on account of race, color, sex, religion, national
origin, sexual orientation, gender identity or gender expression.
Sec. 9-19. Educational activities.
The city manager is authorized and directed to undertake such
educational and conciliatory activities as in his judgment will
further the purposes of this article. He may call conferences of
persons in the housing industry and other interested parties to
acquaint them with the provisions hereof and the suggested means
of implementing this article. The city manager shall further
endeavor, with the advice of the housing industry and other
interested parties, to work out programs of voluntary compliance
and may advise appropriate city officials on matters of
enforcement. The city manager may issue reports on such
conferences and consultation as it deems appropriate.
ORDINANCE NO. 95-14-108
Page 10 of 16
AGENDA ITEM# 8G
SEPTEMBER 8, 2014
Sec. 9-20. Complaints.
(1) An aggrieved individual may, under this article, file a
complaint with the City Clerk and request a hearing before a
special magistrate within sixty (60) days to determine if the alleged
person committed a discriminatory practice prohibited by this
article. If the special magistrate finds that a discriminatory practice
has been committed or is about to be committed, the special
magistrate may issue an order prohibiting the discriminatory
practice and providing affirmative relief from the effects of the
discriminatory practice including, but not limited to, a temporary
or permanent injunction or other equitable relief, a temporary
restraining order, or an award of actual damages, including back
pay, punitive damages, an award of reasonable attorney's fees,
interest, and costs, or other such relief as the special magistrate
deems appropriate.
(2) Either party may appeal the decision of the special
magistrate by commencing a civil action in a court of competent
jurisdiction provided, however, that such civil action must be filed
no later than one year after the discriminatory practice is alleged to
have been committed.
(3) If, in a civil action commenced under this article, the court
finds that a discriminatory practice has been committed or is about
to be committed, the court may issue an order prohibiting the
discriminatory practice and providing affirmative relief from the
effects of the discriminatory practice including, but not limited to,
a temporary or permanent injunction or other equitable relief, a
ORDINANCE NO. 95-14-108
Page 11 of 16
AGENDA ITEM# 8G
SEPTEMBER 8, 2014
temporary restraining order, an award of actual damages, including
back pay, punitive damages, an award of reasonable attorney's
fees, interest, and costs, or other such relief as the court deems
appropriate.
Sec. 9-21. Use of remedies of this article, other remedies.
Nothing in this article requires any person claiming to have been
injured by an act made unlawful by this article to exhaust the
remedies provided herein; nor prevent any such person from
seeking relief at any time under the Federal Civil Rights Acts or
other applicable legal provisions.
Sec. 9-22. Discrimination in the financing of housing.
It is unlawful for any bank, building and loan association,
insurance company, or other corporation, association, firm, or
enterprise the business of which consists in whole or in part of the
making of commercial real estate loans to deny a loan or other
financial assistance to a person applying therefor for the purpose of
purchasing, constructing, improving, repairing, or maintaining a
dwelling, or to discriminate against him in the fixing of the
amount, interest rate, duration, or other terms or conditions of such
loan or other financial assistance, because of the race, color,
religion, sex, or national origin of the person or of any person
associated with him in connection with the loan or other financial
assistance or the purposes of the loan or other financial assistance,
or because of the race, color, sex, religion, national origin, sexual
orientation, gender identity or gender expression of the present or
prospective owners, lessees, tenants, or occupants of the dwelling
or dwellings in relation to which the loan or other financial
assistance is to be made or given.
ORDINANCE NO. 95-14-108
Page 12 of 16
AGENDA ITEM# 8G
SEPTEMBER 8, 2014
Sec. 9-23. Exemptions.
Nothing in sections 9-17 and 9-22 shall apply to:
(1) Any single-family house sold or rented by its owner, provided
the private individual owner does not own more than four (4)
single-family houses at any one time. In the case of the sale of a
single-family house by a private individual owner who does not
reside in the house at the time of the sale or who was not the most
recent resident of the house prior to the sale, the exemption granted
by this paragraph shall apply only with respect to one ( 1) sale
within any twenty-four-month period. In addition, the bona fide
private individual owner shall not own any interest in, nor shall
there be owned or reserved on his behalf, under any express or
voluntary agreement, title to or any right to all or a portion of the
proceeds from the sale or rental of, more than four ( 4) single-
family houses at any one time. The sale or rental of any single-
family house shall be excepted from the application of this article
only if the house is sold or rented:
(a) Without the use in any manner of the sales or rental facilities or
the sales or rental services of any real estate broker, agent, or
salesman or the facilities or services of any person in the business
of selling or renting dwellings, or of any employee or agent of the
broker, agent, salesman, or person; and
(b) Without the publication, posting, or mailing, after notice, of
any advertisement or written notice in violation of section 9-17(3).
ORDINANCE NO. 95-14-108
Page 13 of 16
AGENDA ITEM# 8G
SEPTEMBER 8, 2014
Nothing in this provision shall prohibit the use of attorneys, escrow
agents, abstractors, title companies, and other such professional
assistance as is necessary to perfect or transfer the title.
(2) Rooms or units in dwellings containing living quarters
occupied or intended to be occupied by no more than four (4)
families living independently of each other, if the owner actually
maintains and occupies one of such living quarters as his
residence.
(3) For the purposes of this article, a person is deemed to be in the
business of selling or renting dwellings if:
(a) He has, within the preceding twelve (12) months, participated
as principal in three (3) or more transactions involving the sale or
rental of any dwelling or any interest therein;
(b) He has, within the preceding twelve (12) months, participated
as agent, other than in the sale of his own personal residence, in
providing sales or rental facilities or sales or rental services in two
(2) or more transactions involving the sale or rental of any
dwelling or any interest therein; or
(c) He is the owner of any dwelling designed or intended for
occupancy by, or occupied by, five (5) or more families.
(4) Nothing in this article shall prohibit a religious organization,
association, or society, or any nonprofit institution or organization
operated, supervised, or controlled by or in conjunction with a
religious organization, association, or society, from limiting the
ORDINANCE NO. 95-14-108
Page 14 of 16
AGENDA ITEM # 8G
SEPTEMBER 8, 2014
sale, rental, or occupancy of any dwelling which it owns or
operates for other than a commercial purpose to persons of the
same religion or from giving preference to such persons, unless
membership in such religion in restricted on account of race, color,
or national origin. Nothing in this article shall prohibit a private
club not in fact open to the public, which as an incident to its
primary purpose or purposes provides lodgings which it owns or
operates for other than a commercial purpose, from limiting the
rental or occupancy of such lodgings to its members or from giving
preference to its members.
Sec. 9-24. Interference, coercion, or intimidation; enforcement by
civil action.
It is unlawful to coerce, intimidate, threaten, or interfere with any
person in the exercise of, or on account of his having exercised, or
on account of his having aided or encouraged any other person in
the exercise of any right granted under this article. This section
may be enforced by appropriate civil action.
AGENDA ITEM# SG
SEPTEMBER 8, 2014
SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of
any other ordinance, then the provisions of this ordinance shall govern.
SECTION 3. 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 ofthe remaining portions of this ordinance.
SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
ORDINANCE NO. 95-14-108
Page 15 of 16
PASSED by the City Commission on first reading this 14th day of July 2014.
AGENDA ITEM# 8G
SEPTEMBER 8, 2014
PAS SED by the City Commission on second and final reading this 11th day of August
2014.
ATTEST:
DONNA L. BARTLE
City Clerk
City Attorney
ORDINANCE NO. 95-14-108
Page 16 of 16
AGENDA ITEM:
SUBMITTED BY:
DATE:
STRATEGIC PLAN LINK:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
90-Day Calendar for the Mayor and Commission
AGENDA ITEM # 9A
SEP!.¢M~ER 8, 2014
' '\~
Yvonne Calverley, Executive Assistant to the City Managet;fe--
August 15,2014
None
The 90-day calendar is included on the agenda for the purpose of setting
meeting dates, determining the location, time and whether or not to
videotape special meetings and workshops if the Commission desires.
The rolling 90-day calendar will be revised after receiving input from City
staff and the Commission and will be included in each agenda for
consideration.
Special note:
• Special Called Meeting to adopt the millage rate and final budget is
scheduled for Monday, September 22nd at 6:30pm.
• The Annual Board and Committee Member Appreciation Reception is
Thursday, October 2nd at 6:30pm.
• Proposed date for the next Town Hall Meeting is Saturday, October 18th
at 10 am in the Commission Chamber.
BUDGET: None
RECOMMENDATION: Approve the 90-Day Calendar for September through November
ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (September through
November)
CITY MANAGER:
September 2014
SUNDAY MONDAY TUESDAY WEDNESDAY TH~RSDAY FRIDAY SATURDAY ' .
1 2 3 4 5 6
City Offices
Closed
7 8 9 10 11 12 13
Commission Mtg
6 :30pm Newsletter Due Due Date for
(Invoc-Daugherty) (Mayor) Agenda Items
Videotaped
14 15 16 17 18 19 20
21 22 23 24 25 26 27
Special Called Mtg
6:30 om
Commission
Workshop
(Videotaped)
28 29 30
October 2014
~-: --~gtQ~.A): ~ -; l\110~)~_,~\ ).: , ... , ~nfi ~SI)AY
......_...., e'<I&J _.,. L ... _ ... ___ ,;,._~--._.,. .. j.:. • -_ ..... -}2.~l)~mw _ ... -.:..~lit9~~.J~\! ... _ . __ ~ _ F~E~~ ~{ __ . --).~!\ J"Q~&.~it~-~
1 2 3 4
Board and Committee
Member Reception
6:30pm
Adele Grage
5 6 7 8 9 10 11
Flu Shots
8 to 11 am
Newsletter Due
(Mayor)
12 13 14 15 16 17 18
Town Ha ll
Commission Mtg Due Date for Meeting -I 0 am
6:30pm Agenda Items Chamber
(lnvoc -Becken bach) (Tentath e)
Videotaped I
19 20 I 21 22 ?~ _ _, 24 ,.
-::>
26 27 28 29 30 31
Commission
Workshop
6:30pm
Videotaped
November 2014
SUND:\Y MO~D .r\Y TUESD:\Y \\'ED~ESD :\Y THURSD:\Y FRlD:\Y S,\ TURD .. :\'). .
1
2 3 4 5 6 ~ 8
Newsletter Due
(Mayor)
9 10 11 12 13 14 15
Commission Mtg Veteran's Day
6:30pm City Offices Due Date for
(Invoc-Woods) Closed Agenda Items
Videotaped
16 17 18 19 20 21 22
23 24 25 26 27 28 29
Commission
Workshop City Offices City Offices
6:30pm Closed Closed Videotaped
30