12-12-11 Agenda PacketCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
December 12, 2011 - 6:00 PM
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve the minutes of the Regular Commission Meeting of November 28, 2011.
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, Utility Sales
Report and List of New Businesses for November 2011 and the Financial Report for
October 2011.
B. Approve Amendment Number Two to Interlocal Agreement between the City of
Jacksonville and the City of Atlantic Beach for 9 -1 -1 User Fee Distribution in Fiscal Year
2011 -2012 and authorize the Mayor and City Manager to sign the paperwork.
C. Authorize the Chief of Police to sign the Voluntary Cooperation Mutual Aid Agreement
for the Police Department to participate in the local Child Abduction Response Team
(CART).
D. Approve the requested fee increase of $3,719.63 to the First Vehicle Services contract for
the period of 12/1/11 through 11/30/12 and authorize the City Manager to sign the
proposed contract amendment.
5. Committee Reports
None.
6. Action on Resolutions
A. RESOLUTION NO. 11-28
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING POLICE
OFFICER PENSION PLAN AND DISABILITY PRESUMPTION REFORMS TO MAKE THE PLAN
SUSTAINABLE, SOUND AND SECURE FOR CURRENT AND FUTURE POLICE OFFICERS. (Mayor
Borno)
B. RESOLUTION NO. 11 -29
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING AND
SUPPORTING THE LEGISLATIVE PRIORITIES IN THE FLORIDA LEAGUE OF CITIES
2012 LEGISLATIVE ACTION AGENDA, PROVIDING FOR AN EFFECTIVE DATE AND
FOR OTHER PURPOSES. (Mayor Borno)
7. Action on Ordinances
A. ORDINANCE NO. 60-12-17, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE
OF FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES WHICH
REGULATES SIGNS AND ADVERTISING STRUCTURES AS ADOPTED BY
ORDINANCE NUMBER 60- 02 -12, INCLUDING ALL SUBSEQUENT AMENDMENTS
THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 17 -29, SIGNS
PERMITTED WITHIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS;
PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE.
B. ORDINANCE NO. 5-12-54, Introduction and First Reading
AN ORDINANCE AMENDING CHAPTER 2 DIVISION 2 CODE ENFORCEMENT BOARD
OF THE CITY CODE PROVIDING FOR POWERS OF THE CODE ENFORCEMENT
BOARD; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR
HEARING PROCEDURES; PROVIDING FOR ADMINISTRATIVE FINES LIENS AND
MONEY JUDGEMENTS; PROVIDING FOR A FEE STRUCTURE FOR RELEASE OF
LIENS; PROVING FOR PROCEDURES FOR CONTEST, APPEAL AND REHEARING;
PROVIDING NOTICE REQUIREMENTS.
C. ORDINANCE NUMBER 5 -12 -55
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 CHANGE
THE TIME OF REGULAR MEETINGS TO 7:00 P.M., AND PROVIDING AN EFFECTIVE
DATE.
S. Miscellaneous Business
A. Names submitted for Tideviews pier. (City Manager)
B. Report on Grant Application/Administrative Costs. (City Manager)
C. Automated Vehicle Locator System. (City Manager)
D. Estimated Cost to Install Stamped Asphalt Crosswalk at the Orchid Street Bike Path
Crossing. (City Manager)
E. Redevelopment and Zoning Coordinator (Commissioner Woods)
F. City Government Organizational Review (Commissioner Woods)
G. Selection of Mayor Pro Tempore (Mayor)
H. Appoint Commissioner to the Board Member Review Committee (Mayor)
I. Creating Committees and Appointing Members of Committees (City Attorney Jensen)
J. Reconsideration by City Commission of Past Actions (City Attorney Jensen)
9. City Manager
A. City Manager's Report.
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.
2
Any person wishing to speak to the City Commission on any matter at this meeting should submit a
request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are
available at the entrance to the Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda
item. However, the City Commission may act upon any agenda subject, regardless of how the matter is
stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons
with disabilities needing special accommodation to participate in this meeting should contact the City
Clerk by 5:00 PM, Friday, December 9, 2011.
MINUTES
REGULAR CITY COMMISSION MEETING
November 28, 2011
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Mike Borno
City Attorney Alan C. Jensen
Commissioner Mark Beckenbach
City Manager Jim Hanson
Commissioner Jonathan Daugherty
City Clerk Donna L. Bartle
Commissioner Carolyn Woods
Recording Secretary Nancy E. Bailey
ABSENT:
Commissioner Maria Mark (excused)
Call to Order/Pledge:
Mayor Borno called the meeting to order at 6:00 p.m. Mayor Borno gave the Invocation, followed
by the Pledge of Allegiance to the Flag.
1. Approve the minutes of the Regular Commission Meeting of November 14, 2011.
Motion: Approve the minutes of the Regular Commission Meeting of November 14, 2011.
Moved by Daugherty, Seconded by Woods
Votes:
Aye: 4 — Borno, Beckenbach, Daugherty, Woods
Nay: 0
MOTION CARRIED
2. Courtesy of the Floor to Visitors.
Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and
explained the process for public comments.
John November, 647 Beach Avenue, reported on the MarshFest event stating it was a huge
success. He stated they could not have done it without the City's assistance. He stated the police
were fantastic this year, nothing but helpful. He expressed his appreciation to Commissioner
Daugherty and Commissioner Mark for their roles in the event. He stated although he cannot
speak for the Marsh Preservation Society, he is very excited about the possibility of making this an
annual event. He also thanked his mentor, Lyman Fletcher, who not only founded the Marsh
Preservation Society but was able to keep the push going and get him excited about the
environment. He stated, moving forward, the Marsh Preservation Society is going to continue to
follow Lyman Fletchers' legacy of preserving land here in Atlantic Beach. He stated, he
personally, does not believe there could be a better namesake for the Tideviews boardwalk and
suggested it be named the Lyman Fletcher Sunset Pier.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors.
3. Unfinished Business from Previous Meeting
A. City Manager's Follow -up Report.
None.
November 28 2011 REGULAR COMMISSION MEETING Page 2
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 Recreation Report for October 2011.
Mayor Borno read the Consent Agenda.
Motion: Approve Consent Agenda Item A as read.
Moved by Daugherty, Seconded by Woods
Votes:
Aye: 4 — Borno, Beckenbach, Daugherty, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
A. ORDINANCE NO. 20-11-112 - Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING
SEPTEMBER 30, 2011.
Mayor Borno read Ordinance No. 20 -11 -112 by title.
Motion: Approve Ordinance No. 20 -11 -112.
Moved by Woods, Seconded by Beckenbach
Mayor Borno opened the Public Hearing. He explained this Ordinance was to close out the books
with adjustments to different line items for the budget ending September 30, 2011.
No one from the audience spoke so Mayor Borno closed the Public Hearing.
Commissioner Beckenbach asked that Mr. Van Liere further explain the Ordinance. Finance
Director Nelson Van Liere reiterated this is an adjustment to last year's budget for a few items that
exceeded their budget line items, further explaining each item.
November 28 2011 REGULAR COMMISSION MEETING Page 3
Votes:
Aye: 4 — Borno, Beckenbach, Daugherty, Woods
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
Mayor Borno stated he was saddened to announce that our Customer Service Supervisor, Joyce
Lanier, passed away this weekend. He stated she had been with the City for eighteen years.
A. Public Hearing for UBE- 2011 -04 (11- 00100063) - Request for a Use -by- Exception
granting approval for a Home Occupation consistent with Section 24- 106(c)(4), and in
accordance with the provisions of Section 24 -159, permitting professional artistic services
together with design and crafts activities associated with beading and jewelry - making, not
involving equipment, within a single- family dwelling located on a property in the
Residential Single Family (RS -2) Zoning District at 393 3 rd Street.
Principal Planner Erika Hall summarized the request for the Use -by- Exception, stating this request
was approved unanimously by the Community Development Board. She further stated the
applicant's jewelry making does not involve any equipment that would be dangerous or
hazardous; it is all done by hand. She stated according to Section 24 -63(d) the Commission must
approve this home occupation in order for the applicant to proceed.
Motion: Approve UBE- 2011 -04 permitting a home occupation as requested by the applicant
and recommended by the Community Development Board.
Moved by Woods, Seconded by Daugherty
Mayor Borno opened the Public Hearing. No one from the audience spoke so Mayor Borno
closed the Public Hearing.
Commissioner Woods stated since being elected, she has been recommending we look over our
zoning codes to see what is allowed and not allowed in certain districts and this is an example of
why we need to do this. She stated it should be a very simple application to make jewelry in your
house and walk away with a permit, but here it is six weeks later. She stated she believes that is
an excessive amount of time for what should be a simple process. She stated she believes we need
to look at our codes to streamline our processes and examine what businesses are allowed in what
districts and tweak it so it works better for everybody. She stated she wished Ms. Craven all the
success. Mayor Borno agreed this would be a good subject for Strategic Planning. Discussion
ensued.
Votes:
Aye: 4 — Borno, Beckenbach, Daugherty, Woods
Nay: 0
MOTION CARRIED
B. Request for a Waiver from City Code Section 19 -7 Driveway Limitations to Allow a
Circular Driveway on a Lot with Less Than 100 Foot Frontage at 2234 Oceanwalk Drive
West.
November 28, 2011 REGULAR COMMISSION MEETING Page 4
Public Works Director Rick Carper summarized the request for waiver to install a circular
driveway, stating this was approved by the applicant's homeowners association.
Motion: Approve requested waiver for 2234 Oceanwalk Drive West.
Moved by Woods, Seconded by Beckenbach
Commissioner Daugherty stated the only thing that concerns him is that the applicant indicated
they are having a lot of family members move in with them and therefore need more parking
spaces which indicates there will be a large number of vehicles at the residence. He asked if, in
this process, the neighbors are notified. Mr. Carper stated no, it isn't a zoning issue and there is
nothing in our Ordinance that requires them to notify the neighbors that they are putting in a
circular driveway. Discussion ensued.
Votes:
Aye: 4 — Borno, Beckenbach, Daugherty, Woods
Nay: 0
MOTION CARRIED
C. Advisory to amend Section 17 -29 of the Sign Code, to allow fascia signs equivalent to one
(1) square foot of sign face area per each linear foot of frontage, up to a maximum two
hundred (200) square foot sign face area.
Building Official Mike Griffin summarized his staff report, explaining this is a recommendation
by staff to revise Section 17 -29 allowing a maximum of two hundred square feet for a wall sign,
and showed several slides of existing signage, stating some of which are currently nonconforming.
He stated the Community Development Board gave a unanimous approval to change the Code.
Commissioner Woods asked if, for the signs that are nonconforming now, this will be retroactive.
Mr. Griffin stated everything will be wiped clean and then on January 1, 2015 they would start
with the maximum of 200 hundred square feet.
Motion: Authorize the ordinance amendment as recommended by Community
Development Board and schedule for first reading at the next Commission mee ting.
Moved by Woods, Seconded by Beckenbach
City Manager Jim Hanson further explained in the 2001/2002 revisions to the sign code there was
a piece of the Code that was inadvertently left out which allowed for the larger signs. He stated
this is correcting an error because there wasn't any reference to the need to have smaller wall signs
at the time these sign changes were made. He stated this puts back into place what he believes the
real intent was all along.
Mr. Griffin and Mr. Hanson answered questions from the Commission. Commissioner Daugherty
expressed concerns about whether they want 200 s.f. signs in our City, stating he will do some
research on this and get some feedback from the public before the first reading. Discussion
ensued.
November 28. 2011 REG ULAR COMMISSION MEETING Page 5
Votes:
Aye: 4 — Borno, Beckenbach, Daugherty, Woods
Nay: 0
MOTION CARRIED
D. Police Department 3rd Quarter Report.
Chief Mike Classey summarized the highlights of the 3 Quarter Report, reviewed the statewide
semi - annual crime statistics and answered several questions regarding animal control from
Commissioner Daugherty. Commissioner Woods thanked Chief Classey and his officers for
keeping our City so safe.
E. Proposed Ordinance Amending Chapter 2 Administration Div. 2 Code Enforcement Board
of the City Code.
Mr. Griffin summarized his staff report, stating staff is recommending a revision to Chapter 2 of
the Code Enforcement Ordinance based upon a Court of Appeals decision requiring that when we
use a self - executing order that the violator be given the opportunity to appeal that decision of the
Code Enforcement Officer back to the Code Enforcement Board. He recommended bringing this
back for first reading amending some of our Code Enforcement requirements for appeal.
Motion: Approve the proposed amendments to Chapter 2 Administrative Division 2 Code
Enforcement Board and bring the Ordinance back to the Commission for first reading.
Moved by Woods, Seconded by Beckenbach
Mr. Griffin answered questions from the Commission.
Votes:
Aye: 4 — Borno, Beckenbach, Daugherty, Woods
Nay: 0
MOTION CARRIED
F. Report on Redevelopment and Zoning Coordinator.
City Manager Hanson summarized his staff report, stating applications are currently being
received for the position as the job announcement was posted pursuant to unanimous approval of
the City Commission on October 10, 2011. He pointed out that this restructured position results
from the combination of two jobs to meet the needs of the Commission's strategic priorities for
the Mayport Corridor Project. He stated if we do not fill the job we cannot move ahead with the
Mayport Corridor project.
G. Postpone the hiring of the Redevelopment and Zoning Coordinator.
Mayor Borno stated he does not believe this is a good idea, explaining his reasons why.
Motion: Postpone filling the Redevelopment & Zoning Coordinator Position until the
Government Organizational Review, the Citizen Town Hall Meetings and the Strategic
Planning process have been completed and possibly the employee contract negotiations.
Moved by Woods, Seconded by Beckenbach
November 28, 2011 REGULAR COMMISSION MEETING Page 6
Commissioner Woods explained her reasons for postponing filling the position. She stated she
believes this is important enough that Commissioner Mark should be here so she is going to
withdraw this before they get to the voting process but still wanted the Commission to vet some of
the issues so they will be ready when they come back to it at the next meeting.
Commissioner Daugherty stated they did vote unanimously to fill this position. He stated he could
see postponing this until strategic planning but the other requirements of the motion would cause
him not to vote for this. Commissioner Woods stated she would be amenable to an amendment.
City Attorney Alan Jensen asked Commissioner Woods if she was asking this Commission to
reconsider what was unanimously approved last October. Commissioner Woods stated she was
asking to postpone filling the Redevelopment and Zoning Coordinator position. City Attorney
Jensen stated that would be a reconsideration of an item that has already been unanimously
approved by everyone, which has to be done at the same or next meeting. Commissioner Woods
stated she is not suggesting that we are not going to hire the person; she's saying that they are
postponing it. She stated she does not believe it is a reconsideration; it is a postponement.
Discussion ensued between the City Attorney and Commissioner Woods regarding what the
Ordinance requires of reconsiderations and whether this was a reconsideration. City Attorney
Jensen stated this could be brought up by a budget amendment if they wanted to eliminate the
funding for that position and then it can't be hired because it can't be funded. He stated
postponing the hiring doesn't change the budget; changing the budget takes an ordinance. Mayor
Bomo asked what the closing date for applications was. Commissioner Woods stated it was
12/9/11. She asked for clarification from City Attorney Jensen regarding the wording for the
motion. City Attorney Jensen stated it appears that she is asking for this Commission to
reconsider the decision made on October 10 and if that is the case, she is obligated to follow the
requirements of Chapter 2 of our Ordinances to bring it up at the same or next meeting. He stated
if she wants to propose a budget amendment to eliminate the funding for the position, that is not a
reconsideration of what was done on October 10.
Commissioner Woods withdrew her motion. Commissioner Beckenbach withdrew his second.
Mayor Borno stated any action on this will need to be put on the agenda for the next meeting.
Commissioner Woods stated she would still like to explore that concept more because there are a
lot of things that could be considered and if City Attorney Jensen is saying that one person,
because they were on the Commission before, cannot bring up any of these subjects that seems to
be awfully constraining. City Attorney Jensen stated he said if what she is trying to do is
reconsider a previous action taken by the Commission, then she has to follow the requirements of
the Ordinance, which means a motion for reconsideration has to be brought up at the same or next
meeting.
Discussion ensued.
H. City Government Organizational Review.
Commissioner Woods withdrew this item until the next meeting.
I. City Commission Meeting Time.
November 28 2011 REGULAR COMMISSION MEETING P at e 7
Motion: Direct staff to prepare an ordinance to change the starting time of the Commission
Meeting to 7:00 pm.
Moved by Woods, Seconded by Beckenbach
Commissioner Daugherty stated although he agrees they need to change the time, he believes it is
a big burden on staff to stay until 7:00 for a meeting to start and believes an effective compromise
would be to amend to 6:30. Commissioner Woods stated either 6:30 or 7:00 would be fine with
her. City Attorney Jensen stated they will also need to have an ordinance with a public hearing
before they have to set the final time.
Amended Motion: Amend the time to 6:30.
Moved by Daugherty
Motion died due to lack of a second.
Commissioner Beckenbach stated over the last few weeks he has had four people approach him
regarding the 7:00 time, not 6:30. He stated the reason for the 7:00 time was because they were all
coming from a distance and said they would not be able to make it here until 7:00. Commissioner
Daugherty stated he understands that but from what he is hearing from staff is that it is a burden
on them. He stated he weighs two things, the needs of having more open and accessible
government but at the same time being respectful to staff by not having them here any longer than
necessary. He stated he is not going to vote for 7:00 and believes 6:30 is a good compromise.
Commissioner Beckenbach stated this will have to go through the Ordinance hearing and the
citizens will have a period of time in which they will be able to comment and they can change the
time. He stated what they are really doing now is asking staff to prepare something where they
will put in a time of 7:00 or 6:30 and asked Commissioner Daugherty if he was interested in
having a change of time. Commissioner Daugherty asked City Attorney Jensen if this is brought
up for a first reading, can the time be amended. City Attorney Jensen stated it can be at first or
second reading.
Votes:
Aye: 3 — Beckenbach, Daugherty, Woods
Nay: 1— Borno
MOTION CARRIED
J. Selection of Mayor Pro Tempore.
Mayor Borno stated he is going to withdraw Item J and Item K to be postponed until the next
meeting so they will have a full commission. Discussion ensued regarding whether there was a
time limit for appointing a Mayor Pro Tempore. It was determined there was no time limit to
appoint the Mayor Pro Tempore.
K. Appoint Commissioner to the Board Member Review Committee.
This item was postponed under Item J until the next meeting with a full commission.
9. City Manager
A. City Manager's Report.
November 28 2011 REGULAR COMMISSION MEETING Page 8
City Manager Jim Hanson reported on a Change Order for the wastewater project in the amount of
$15,788 which was to reroute a piece of 24" pipe approximately 25' due to a conflict underground.
He stated they still have a remaining contingency of $183,000.
He also announced several workshops that have been scheduled as follows: December 6 at 6:00
p.m. to discuss Pensions, which will include the opportunity for public comments both before and
after the workshop; December 12 at 5:00 p.m. for a status report presentation on the Marsh Master
Plan; and December 14 at 6:00 p.m. to review the history and status of the Police Building project
and discuss possible next steps.
Commissioner Woods clarified that they were all to be held in the Chamber.
Commissioner Beckenbach asked when there would be public comments during the Police
Building Workshop. City Manager Hanson explained we had not planned on any public
comments during that workshop because normally there is none. He explained that workshops are
more of an educational process for the City Commission so very seldom do we have public input.
In the case of the pensions, he explained it is a little different since a lot of people expressed their
desire to have input and the Commission will be going into a decision - making meeting, probably a
Shade Meeting, which is the next step when you're dealing with unions. He explained that he
discussed it with the Mayor and it was decided that an opportunity for public input would be on
that agenda. He reiterated that there was no plan to have the public input on the Police Building,
unless the Commission wants to change that. Mayor Borno explained the others were not
discussed yet but he believed the Pension was the hot one and needed to get it out of the way.
Commissioner Beckenbach asked to put the opportunity for public comments on the agenda.
Mayor Borno explained he would like to set the format at the workshop. Commissioner Woods
explained why she believes it is important for citizens to know ahead of time whether their input
will be allowed and why she supports having public input at workshops. Commissioner
Daugherty explained the difference between a workshop and a regular meeting, stating citizens
have other ways and opportunities to express comments to Commissioners. He agreed with the
current format of the workshops based on the same reasons given by the Mayor and City Manager.
Commissioner Beckenbach disagreed with the current format of the workshops and wants public
input during each. Discussion continued regarding whether there should also be public comments
at the other two workshops.
It was the consensus of the Commission to allow three minutes before and three minutes after each
of the above workshop meetings for citizen input.
10. Reports and /or requests from City Commissioners and City Attorney
A. Florida League of Cities Legislative Agenda
Mayor Borno stated he attached the ten agenda items that came out of the Florida League of Cities
meeting and wanted the Commission to be informed on the five committees and the two top
priorities. He stated he has requested resolutions from the Florida League of Cities and will have
those prepared for the next meeting.
Commissioner Woods
• Is in agreement with John November that if it had not been for Lyman Fletcher's foresight
and determination we might not have any of the marsh front as part of Atlantic Beach and
November 28 2011 REGULAR COMMISSION MEETING Page 9
agrees with his suggestion for the name of the pier. Mayor Borno stated staff has been
soliciting the public for suggestions for the name and Mr. Hanson stated we do have
several public suggestions. Mayor Borno stated they will add this one to the list.
Hoped everyone will join her in keeping Maria Mark and Ms. Lanier's family in their
prayers.
Commissioner Beckenbach
• Asked that the City Attorney give a written opinion on Section 8 of the Atlantic Beach
Charter, especially on the portion regarding, "The Mayor Commissioner shall have no
regular administrative duties except as authorized in this Charter but may appoint, from
time to time, such special and select committees as in his discretion he deems desirable or
as may be desired by the City Commission" and also in Section 9 regarding how that
empowers "except as may be otherwise provided in this Charter, all powers of the City and
the determination of all matters of policy shall be vested in the City Commission".
• Wished Maria Mark the best.
Commissioner Daugherty
• Read a letter received from Councilman Gulliford that was sent to Mayor Brown regarding
animal control (which is attached and made part of this Official Record as Attachment A).
Asked the Commission for their thoughts. Discussion ensued. Consensus was to send
letter from Mayor Borno to Mayor Brown stating our agreement with Councilman
Gulliford's letter.
Mayor Borno
• Stated he will make copies of the information and policies he received from the Florida
League of Cities so they can start understanding the process.
Adjournment
There being no further business to come before the Commission, the Mayor declared the meeting
adjourned at 7:59 p.m.
Mike Borno
Mayor /Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk
0� 3ACICS0
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OFFICE OF THE CITY COUNCIL
BILL GULLIFORD
COUNCIL MEMBER, DISTRICT 13
PHONE (904) 630 -1397
FAX (904) 630 -2906
E -MAIL: GULLIFORD @COJ.NET
HAND DELIVERED
November 28, 2011
The Honorable Alvin Brown, Mayor
City of Jacksonville
117 West Duval Street, City Hall
Jacksonville, FL 32202
Dear Mayor Brown,
ATTACHMENT A
117 WEST DUVAL STREET
SUITE 425
JACKSONVILLE, FLORIDA
32202
I read with interest and appreciation your positive comments about the beaches communities in
the Beaches Leader newspaper last week, and your strong support of the interlocal agreement
binding all parties.
In consideration of that interlocal agreement, I would like to raise the issue of animal control. It
is a specific responsibility of the county, i.e. City of Jacksonville, as defined in the agreement.
Yet the beach municipalities have borne the burden of paying for animal control for as long as I
can remember. In all fairness it is time for the county to accept that responsibility and the cost of
providing that service.
I would suggest that either the City of Jacksonville might provide two full -time, on site animal
control officers at the beaches for the purpose of collecting and transporting stray animals, or
reimburse the beach cities for their annual costs of the same.
I would sincerely appreciate your consideration of which method you think would work best,
then letting me or the beach cities know your decision and how we might proceed.
Thanks again for your support of the beach community.
Sincerely,
William Gulliford
cc: The Honorable Fland Sharpe
The Honorable Harriet Pruette
The Honorable Mike Borno
AGENDA
ITEM
# 4A
DECEMBER
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55,
AGENDA ITEM # 4A
DECEMBER 12, 2011
City of Atlantic Beach, Fl.
Utility Sales Report
,.r
Novembe 2 011
November
er
�r
Gallons Actual Revenue Gallons Actual Revenue N
Water Sales
Accounts
0000 Revenue
Per 1,000 gi ` Accounts
0000
Revenue
Per 1,000 gi
Atlantic Beach
5581
38,654 $144,364
$3.73 5,598
42,348
$158,918
$3.75
Buccaneer
2,
18,483 $102,247
$553 2,469
16,670
$85,424
$512
Total Water Sales
8,039
57,137 $246,612
$4.32- 8,067
59,018
$244,342
$4.14_
r
a
r SOON r
Gallons
0000
Gallons
0000
Water Plant Production
Atlantic Beach
47,043
Buccaneer
8,091
Total Production
67,796
67,818
Total Water Billed
57,137
59,018
MR
Water Loss for month:
10,659
8,800
Percentage Loss
15.72%
12.98%
Total 12 mo. Avg. Loss
17.40%
15.81%
w rr
Gallons Actual Revenue
Gallons
Actual
Revenue
Sewer Sales
Accounts
0000 Revenue
Per 1 gi M Accounts
0000
Revenue
Per 1 gi
Atlantic Beach
5,143
30,870 $235,261
$7.62 5,126
31,650
$239,910
$7.58
$9.59
Buccaneer
2,354
18,188 $175,246
$9.64 2,334
18,182
$174,412
Total Sewer Sales
7,497
49,058 $410,507
$8.37 Q 7,460
49,832
$414,322
$8 31
Gallons Actual
Revenue
Gallons
Actual
Revenue
Sewer Treatment
0000 Revenue
Per 1000 gi
0000
Revenue
Per 1, g1
Atlantic Beach
43.336 $235,261
$5,43
43.046
$239,910
$5.57
$9.81
Buccaneer
18.452 $175,246
$9.50
17.775
$174,412
Total Sewer Treated
61.788 $410,507
$6.64
60.821
$ 414,322
$6.81
K
�:
AGENDA ITEM # 4A
DECEMBER 12, 2011
qsysprt
PREPARED 12/05/11,10:56:18 LICENSE ACTIVITY REPORT BY BUSINESS NAME
City of Atlantic Beach NEW LICENSES FOR YEAR: 2012 BETWEEN: 11/01/11 TO 11/30/11
PROGRAM OL122L DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES
----------------------------------------------------------------------------------------------
LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION
BUSINESS ADDRESS
---------------------------------------------------------------------------------------- - - - - --
12- 00007473 BLUE RIBBON COURTESIES, LLC
2051 VELA NORTE CIR
ATLANTIC BEACH FL 32233
12- 00007472 D &K REPAIRS, INC.
1420 MAYPORT RD
ATLANTIC BEACH FL 32233
12- 00007471 EDWARD D JONES INVESTMENT
OUTSIDE CITY
ATLANTIC BEACH FL 32233
12- 00007470 KROOZER CUPS USA, LLC
901 OCEAN BLVD UNIT 047
ATLANTIC BEACH FL 32233
12- 00007474 MSHACK
299 ATLANTIC BLVD
ATLANTIC BEACH FL 32233
12- 00007460 THE UNITED STATES LIFE INS.
OUTSIDE CITY
ATLANTIC BEACH FL 32233
11/22/11 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS
11/29/11 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS
11/02/11 NEW SOLICITATION, DOOR TO DOOR
11/01/11 NEW MISCELLANEOUS SALES, OTHER THAN LIST
11/23/11 NEW RESTAURANTS(INC. SNACK BARS & TAKE 0
CO 11/29/11 NEW INSURANCE COMPANY
------------------------------------------
GRAND TOTALS
-------- - - - - --
NEW LICENSES ------- - - - - --
AC:
6
PP:
0
IN:
0
V0:
0
PG:
0
BR:
0
OB:
0
UC:
0
LIC:
6
Page 1
City of Atlantic Beach
FINANCIAL REPORT
OCTOBER 2011
Prior Current
09130111 10/31/11
Cash Balances
Total Restricted Cash $7,789,642
Total Unrestricted Cash $6,161,946
Cash and Investments
Account
Bank of America - Depository
Pimco GNMA Fund
Putnam US Government Income Fund
Eaton Vance Government Obligation Fund
Loomis Sayles Limited Term Government & Agency Fund
Delaware Corporate Bond Fund
Loomis Sayles Investment Grade Bond Fund
Lord Abbett Income Fund
MorganStanley SmithBarney AA Money Trust
SBA - Florida Prime
Cash on Hand
Subtotal
Police Pension Investments
General Pension Investments
$11,385,072
1,071,820
1,066,569
1,008,204
998,362
0
0
0
0
277
2,950
15,533,254
$3,740,153
1,074,697
1,069,971
2,009,887
1,001,853
2,020,236
1,010,586
2,020,979
0
277
2,950
13,951,588
AGENDA ITEM # 4A
DECEMBER 12, 2011
Dollar
Change
($7,644,918)
2,877
3,402
1,001,683
3,490
2,020,236
1,010,586
2,020,979
0
0
0
(1,581,666)
6,149,798
Prior
Current
Dollar
Fund(s)
09/30/11
10/31/11
Change
General
$5,234,897
$5,085,407
($149,489)
Tree Replacement
3,509
3,509
0
Convention Development Tax
50,225
(13,880)
(64,105)
Local Option Gas Tax
75,012
93,290
18,279
Better Jax 1/2 Cent Sales Tax
167,095
153,619
(13,476)
Police Training, Forfeiture, Grants, etc.
166,105
162,547
(3,558)
Community Development Block & ARRA Grants
0
(6,318)
(6,318)
Debt Service
72,585
78,851
6,267
Capital Projects
2,215,475
2,252,997
37,523
Utility
5,597,241
4,306,688
(1,290,553)
Sanitation
661,643
669,870
8,228
Building Code Enforcement
54,991
40,338
(14,653)
Storm Water
1,193,226
1,039,838
(153,388)
Pension - Police
27,365
28,322
958
Pension - General
13,888
56,746
42,858
Investments - Unallocated Gains (Losses)
0
(236)
(236)
Total $15,533,254
$13,951,588
($1,581,666)
Total Restricted Cash $7,789,642
Total Unrestricted Cash $6,161,946
Cash and Investments
Account
Bank of America - Depository
Pimco GNMA Fund
Putnam US Government Income Fund
Eaton Vance Government Obligation Fund
Loomis Sayles Limited Term Government & Agency Fund
Delaware Corporate Bond Fund
Loomis Sayles Investment Grade Bond Fund
Lord Abbett Income Fund
MorganStanley SmithBarney AA Money Trust
SBA - Florida Prime
Cash on Hand
Subtotal
Police Pension Investments
General Pension Investments
$11,385,072
1,071,820
1,066,569
1,008,204
998,362
0
0
0
0
277
2,950
15,533,254
$3,740,153
1,074,697
1,069,971
2,009,887
1,001,853
2,020,236
1,010,586
2,020,979
0
277
2,950
13,951,588
AGENDA ITEM # 4A
DECEMBER 12, 2011
Dollar
Change
($7,644,918)
2,877
3,402
1,001,683
3,490
2,020,236
1,010,586
2,020,979
0
0
0
(1,581,666)
6,149,798
6,498,294
348,495
10,434,616
11,252,999
818,383
Subtotal 16,584,414
17,751,292
1,166,878
Total $32,117,668
$31,702,880
($414,788)
Interest
Rate
0.250%
1.780%(l)
3.080%(l)
2.470%(l)
1.440%(1)
4.170%(l)
3.780%(l)
3.800%(l)
0.010%
0.260%
N/A
Rate of
Return
5.66%(2)
7.84%(2)
(1) 30 day SEC Yield as of 10/31/11
(2) Rate of return as of 10/31/11
City of Atlantic Beach
FINANCIAL REPORT
OCTOBER 2011
Revenues
AGENDA ITEM # 4A
DECEMBER 12, 2011
Annual I YTD - 8% YTD Dollar Percent
Fund / (Footnote) Estimate of Estimate Actual Variance Variance
General (1) & (3)
$10,964,642
$910,065
$681,268
($228,797)
- 25.14%
Convention Development Tax
72,000
5,976
30
(5,946)
- 99.50%
Local Option Gas Tax
472,612
39,227
36,231
(2,996)
-7.64%
Better Jax 1/2 Ct Sales Tax
646,212
53,636
47,357
(6,279)
-11.71%
Police Training, Forfeiture & Grants, etc.
134,974
11,203
41,871
30,668
273.75%
Grants (2)
318,214
26,412
44,789
18,377
69.58%
Debt Service
71,300
5,918
6,267
349
5.90%
Capital Projects
2,255,737
187,226
51,670
(135,556)
- 72.40%
Utility (3)
8,368,949
694,623
941,398
246,775
35.53%
Sanitation
1,804,500
149,774
150,219
445
0.30%
Building Code Enforcement
265,900
22,070
12,500
(9,570)
- 43.36%
Storm Water
972,200
80,693
75,500
(5,193)
-6.44%
Pension - Police
1,232,311
102,282
408,057
305,775
298.95%
Pension - General
2,122,019
176,128
931,589
755,461
428.93%
Total $29,701,570
3 $3,428,746 $963,513
Analysis of Major Variances
(1) The $228,797 negative variance in the General Fund resulted from not having received
property taxes. Typically the majority of these taxes are received from the City of
Jacksonville in December & January.
(2) The $135,556 negative variance in the Capital Projects Funds resulted from not having
received the proceeds from a Loan. If the loan was not included in this calculation, the
variance would be a positive 5.19 %.
(3) The $246,775 positive variance in the Utility Funds resulted from receiving proceeds
from the State Revolving Fund Loan and 100% of the tower lease for antennas. If these
items were not included in this calculation, the variance would be a positive 10.21 %.
(4) The $305,775 positive variance in the Police Employee Pension Fund & the $755,461
positive variance in the General Employee Pension Fund resulted from changes in
market values of the investments
City of Atlantic Beach AGENDA ITEM # 4A
FINANCIAL REPORT DECEMBER 12,2011
OCTOBER 2011
Expenses
Analysis of Major Variances
(1) The positive variance in the Public Safety divisions resulted from no expenditures fiscal
year to date on the Police Building - see Project Activity Schedule. The variance without
the budget for the Police Building is 21 %.
(2) The negative variance in the Public Utilities department resulted from the October
payment of principal and interest on the Utility Revenue Bonds and the State Revolving
Fund Loan. The variance without the monies expended for Debt Service is (0.92)°/x.
(3) The positive variance in the Personal Services is typical for the first month of the new
fiscal year due to the payroll expense only including two weeks of the month of October.
The last 2 weeks of October will not be paid until the first week of November. This
explains why approximately 42% of October's budgeted payroll has not been expensed
Annual
YTD - 8%
YTD
Dollar
Percent
Department / (Footnote)
Estimate
of Estimate
Actual
Variance
Variance
Governing Body
$41,986
$3,485
$4,386
($901)
- 25.85%
City Administration
2,673,887
221,933
171,213
50,720
22.85%
General Government
765,368
63,526
123,546
(60,020)
- 94.48%
Planning and Building
478,867
39,746
34,305
5,441
13.69%
Public Safety (1)
10,054,574
834,530
291,415
543,115
65.08%
Recreation and Special Events
394,207
32,719
55,647
(22,928)
- 70.08%
Public Works
5,976,228
496,027
553,823
(57,796)
- 11.65%
Public Utilities (2)
14,301,191
1,186,999
2,102,586
(915,587)
- 77.13%
Pension - Police
587,832
48,790
58,402
(9,612)
- 19.70%
Pension - General
740,710
61,479
70,416
(8,937)
- 14.54%
Total
$36,014,850
$2,989,234
$3,465,739
($476,505)
Annual
YTD - 8%
YTD
Dollar
Percent
Resource Allocation
Estimate
of Estimate
Actual
Variance
Variance
Personal Services
$9,872,555
$819,422
$471,573
$347,849
42.45%
Operating Expenses
10,384,222
861,890
1,081,968
(220,078)
- 25.53%
Capital Outlay (1)
11,802,218
979,586
531,638
447,948
45.73%
Debt Service (2)
2,297,807
190,718
1,242,388
(1,051,670)
- 551.43%
Transfers
1,658,048
137,618
138,172
(554)
-0.40%
Total
$36,014,850
$2,989,234
$3,465,739
($476,505)
Analysis of Major Variances
(1) The positive variance in the Public Safety divisions resulted from no expenditures fiscal
year to date on the Police Building - see Project Activity Schedule. The variance without
the budget for the Police Building is 21 %.
(2) The negative variance in the Public Utilities department resulted from the October
payment of principal and interest on the Utility Revenue Bonds and the State Revolving
Fund Loan. The variance without the monies expended for Debt Service is (0.92)°/x.
(3) The positive variance in the Personal Services is typical for the first month of the new
fiscal year due to the payroll expense only including two weeks of the month of October.
The last 2 weeks of October will not be paid until the first week of November. This
explains why approximately 42% of October's budgeted payroll has not been expensed
City of Atlantic Beach
FINANCIAL REPORT
OCTOBER 2011
Project Activity - Current Year Activity Only
AGENDA ITEM # 4A
DECEMBER 12, 2011
Project Name
Project
Number Budget
YTD YTD
Actual Balance
Status
Public Safety
Retrofit HVAC Systems
GG1201
190,414
0
190,414
Lifeguard Building Roof Replacement
LG0901
4,750
0
4,750
Police Building Renovation /Design /Construction
PS0504
4,432,582
0
4,432,582
4,627,746
0
4,627,746
Public Utilities:
TMDL - Lift Station /Main Transfer Flow
PU0906
72,810
0
72,810
Donner Subdivision Sewer Rehabilitation
PU1015
175,590
0
175,590
Replace 2" Water Main - 11th Street
PU1104
61,283
21,213
40,070
TMDL Upgrade /Construction - WWTP #1
PU1106
3,218,851
365,906
2,852,945
TMDL Sludge /Odor Improvements
PU1110
2,392,784
74,218
2,318,566
Elevated Tank #1 - Internal Rehabilitation
PU1201
40,000
0
40,000
Ground Storage Tank WP #2 - Interior Rehabilitation
PU1202
40,000
0
40,000
Ground Storage Tanks WP #3 - Recoat Interior
PU1203
60,000
0
60,000
Water Main -12th Street at Ocean Blvd /Beach Ave
PU1204
60,000
0
60,000
Water Main - 14th & 15th Street at Ocean Boulevard
PU1205
140,000
0
140,000
Sewer Rehabilitation - Area B
PU1206
300,000
0
300,000
Subtotal
6,561,318
461,337
6,099,981
Public Works:
Riverbranch Preserve - Kayak & Canoe Launch
PM0804
16,113
14,676
1,437
Veteran's Park - Phase II - Memorial Garden
PM1110
2,632
0
2,632
Howell Park Bridge Replacement
PM1201
25,000
0
25,000
Bull Park Playground Equipment Replacement
PM1202
40,000
0
40,000
Sidewalk & Curb Replacement
PW1101
5,406
5,406
0
Sidewalk & Curb Replacement
PW1201
25,000
1,790
23,210
East Coast Drive Drainage Improvements
PW1202
50,000
0
50,000
Subtotal
164,151
21,872
142,279
Total
$11,353,215
$483,209
$10,870,006
Status Key
A - Bid Advertised
I - Project In- progress
B - Bid Awarded
N - Complete /Non - Capital
C - Project Completed
R - Re- budget Next Fiscal Year
D - Design Completed
X - Project Cancelled
E - Design Phase
AGENDA ITEM # 4B
DECEMBER 12, 2011
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: 9 -1 -1 Inter -Local Agreement FY 2011 -2012
DATE: December 1, 2011
SUBMITTED BY: Michael D. Classey- Chief of Police
BACKGROUND:
Duval County collects a user fee on all telephone lines in the county to offset the expenses of
providing E911 services. Jacksonville purchases the E911 emergency equipment for the
answering stations including the three beach cities.
Each year, Jacksonville reimburses the cities of Atlantic Beach, Neptune Beach, and Jacksonville
Beach 30 % of their personnel costs for Emergency Communication Operators. We have agreed
on a reimbursement of the expenses for emergency communications based on 30% of the calls
attributed to E911. On a quarterly basis, the cities provide documentation of their emergency
communications expenses including salary, benefits, and training. Jacksonville reimburses 30%
of those costs.
The number in the attached paperwork is a "not to exceed" figure. The amount is based upon last
year's actual expenses and the number is inflated by 8% to assure that it will cover the
reimbursements over the next year. The actual reimbursement will be based on the actual
expenses incurred by The City of Atlantic Beach.
BUDGET: The net effect of this contract is that it will provide up to $95,200 in revenue to
the City of Atlantic Beach over the next year.
RECOMMENDATIONS: Staff recommends the approval of the Inter -Local Agreement
Amendment for the Distribution of 9 -1 -1 Funds for Call -Taker Salaries, including
the authorization for the Mayor and City Manager to sign the paperwork.
ATTACHMENTS: Letter from Sheriff John Rutherford Jacksonville Sheriff's Office,
Amendment Number two to: Inter -Local Agreement from City of Jacksonville with signature
pages.
REVIEWED BY CITY MANAGER:
AGENDA ITEM NUMBER:
AGENDA ITEM # 4B
DECEMBER 12, 2011
John H. Rutherford
Sheriff
November 17, 2011
City of Atlantic Beach
Attention Mayor Louis Borno, Jr.
800 Seminole Road
Atlantic Beach, FL 32233
Reference: Amendment No.2 to 911 Interlocal Agreement between the City of
Jacksonville and the City of Atlantic Beach, Florida
Dear Mayor Borno:
Forwarded herewith are three (3) originals of the above referenced Amendment No. 2 to
Contract No. 5629 -46 between the City of Jacksonville and the City of Atlantic Beach, Florida.
Please have all copies executed and return with proper attestation to my attention.
Sincerely,
JOHN H. RUTHERFORD
SHERIFF
4�x�s
William J. Clement, CPA
Procurement & Contracts Manager
ENCLOSURE
A Nationally Accredited Agency An Equal Opportunity E)jiployer
AGENDA ITEM # 4B
DECEMBER 12, 2011
Amendment Number Two to:
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF JACKSONVILLE, FLORIDA
AND
THE CITY OF ATLANTIC BEACH, FLORIDA
FOR
9 -1 -1 User Fee Distribution in Fiscal Year 2011 -2012
THIS AMENDMENT TWO TO INTERLOCAL AGREEMENT is made and entered
into as of this day of _ , 2011 , by and between THE CITY OF
JACKSONVILLE, FLORIDA, a consolidated municipal /county government, making the
General Services District (hereinafter referred to as "JACKSONVILLE ") and THE CITY OF
ATLANTIC BEACH, FLORIDA, a municipal corporation, within the General Services
District (hereinafter referred to as "ATLANTIC BEACH ") for the purpose of distributing
proceeds collected and set aside via the 9 -1 -1 User Fee to be used to pay a portion of the salaries
and related expenses for 9 -1 -1 Call Takers for that portion of their time spent answering and
handling 9 -1 -1 calls under the provisions of Section 365.172 (9), Florida Statutes, as authorized
to be imposed by the governing body of Duval County (hereinafter referred to as the "Project").
RECITALS:
WHEREAS, in 2009, the parties have made and entered into an Interlocal Agreement,
City Contract #5629 -46 (hereinafter referred to as the "Agreement" for the Project; and
WHEREAS, said Agreement will be in effect until September 30, 2014, and
WHEREAS, said Agreement has been amended one (1) time previously: and
WHEREAS, the Council of JACKSONVILLE, acting as the governing body of Duval
County, Florida, has maintained the 9 -1 -1 User Fee at $.44 per month for the period from
October 1, 2011 through September 30, 2012 ( "Fiscal Year" 2011 -2012) , and has authorized the
fees collected to be used to fund an Interlocal Agreement wherein ATLANTIC BEACH will
receive its pro rata share to be used for lawful purposes; and
WHEREAS, said Agreement should be amended, for Fiscal Year 2011 -2012 by
updating dates and distribution amounts with all other provisions, terms and conditions of said
Agreement remaining unchanged; now therefore
IN CONSIDERATION of said Agreement and the mutual promises and covenants
herein contained and for other good and valuable consideration, acknowledged, by the parties to
be legally sufficient, the parties agree to amend said Agreement as follows:
1. The above stated recitals are accurate, true and correct and, by this reference, are
incorporated herein and are made a part hereof.
2. Section 2, of said Agreement is amended, in part, by providing for a Fiscal Year
2011 -2012 distribution of $95,200.00 to ATLANTIC BEACH and, as amended, shall read as
follows:
E
AGENDA ITEM # 4B
DECEMBER 12, 2011
46 2. ATLANTIC BEACH shall receive a distribution proportion of the 9 -1 -1 User Fee
calculated by taking the total Call- Takers actual salary expenditures from ATLANTIC BEACH,
multiplying that amount by 30% (based on call volume data provided by each PSAP agency) and
adding 30% for benefits and training. The Sheriff's Office may also include other factors such
as changes in the 9 -1 -1 call volume data, percentage and inflationary increases or decreases, and
the impact of wireless calls on each agency, to determine the distribution amount. The maximum
amount to be distributed by JACKSONVILLE as a result of this calculation for ATLANTIC
BEACH for Fiscal Year 2011 -2012 is NINETY -FIVE THOUSAND TWO HUNDRED AND
00 /100 DOLLARS ($95,200.00)"
3. Section 6, in said Agreement, is amended, in part to revise dates to reflect the
Fiscal Year 2011 -2012 and, as amended, shall read as follows:
64 6. The salary period covered by Amendment Number Two to Agreement shall
commence retroactively to October 1, 2011, which is the beginning of Fiscal Year 2011 -2012.
This Agreement shall become effective on the date it is recorded in the Official Records of Duval
County, and shall remain effective through - September 30, 2014."
4. JACKSONVILLE will record this Amendment Number Two to Interlocal Agreement
in the Official Records of Duval County, as required by Section 163.01(11), Florida Statutes.
SAVE AND EXCEPT for the express amendments provided in this instrument, the
provisions, terms and conditions of said Agreement shall remain unchanged and shall continue in
full force and effect.
[Remainder of page intentionally left blank. Signature page follows immediately.]
AGENDA ITEM # 4B
DECEMBER 12, 2011
IN WITNESS WHEREOF, the City of Jacksonville, by and through its respective
authorized representatives, has caused this Agreement to be executed on the day and year first
above written.
ATTEST:
By:
Neill W. McArthur, Jr.
Corporation Secretary
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
CITY OF JACKSONVILLE
Alvin Brown, Mayor
The foregoing instrument was acknowledged before me this day of
29_, by Alvin Brown and Neill W. McArthur, Jr., the Mayor and Corporation Secretary
respectively, of the City of Jacksonville, a municipal corporation in Duval County, Florida.
Such persons: (notary must check applicable box)
❑ are personally known to me; or
❑ produced a current _ driver's license as identification; or
❑ produced as identification
(Sign)
(Print)
NOTARY PUBLIC
My Commission expires:
(NOTARIAL SEAL)
In compliance with the Ordinance Code of the City of Jacksonville, I do hereby certify
that there is an unexpended, unencumbered and un impounded balance in the appropriation to
cover the foregoing Agreement and that provision has been made for the payment of the monies
provided therein to be paid.
Director of Finance
City Contract Number:
Form Approved:
Office of General Counsel
3
AGENDA ITEM # 4B
DECEMBER 12, 2011
IN WITNESS WHEREOF, the City of Atlantic Beach, by and through its respective
authorized representatives, has caused this Agreement to be executed on the day and year first
above written.
ATTEST:
By:
Donna L. Bartle, City Clerk
800 Seminole Road
Atlantic Beach, FL 32233
CITY OF ATLANTIC BEACH
By:
Louis Borno, Jr., Mayor
800 Seminole Road
Atlantic Beach, FL 32233
By:
Jim Hanson, City Manager
800 Seminole Road
Atlantic Beach, Florida 32233
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this day of ,
20_, by Louis Borno, Jim Hanson and Donna L. Bartle, the Mayor, the City Manager and the
City Clerk, respectively, of the City of Atlantic Beach, a municipal corporation in Duval County,
Florida.
Such persons: (notary must check applicable box)
■
■
■
are personally known to me; or
produced a current
produced
driver's license as identification; or
as identification
(Sign)
(Print)
NOTARY PUBLIC
My Commission expires:
(NOTARIAL SEAL)
G:\ Gov't Operations \NEILLM\CONTRACT\ATLANTIC BEACH Agreement EXECUTION ORIGINAL Amd #2 for 2011-2012 ILA Atlantic
Beach (3).doc
0
AGENDA ITEM # 4C
DECEMBER 12, 2011
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Voluntary Cooperation Mutual Aid Agreement - Child Abduction
Response Team (CART)
DATE: December 1, 2011
SUBMITTED BY: Michael D. Classer- Chief of Police
BACKGROUND:
The purpose of this staff report is to request authorization for the Police Department to
participate on the Northeast Florida Child Abduction Response Team and to authorize the
Chief of Police to sign the attached Mutual Aid Agreement.
The purpose of the agreement is to allow law enforcement agencies to provide resources and
assistance in the event of a child abduction in one of the respective jurisdictions. When a child
is abducted, there is a great deal of manpower necessary to follow up on leads, conduct
searches, and coordinate the investigation. Very few agencies have sufficient resources to
perform all of the necessary functions within a short period of time.
The purpose of this agreement is to establish a multi jurisdictional Child Abduction Response
Team. In the event that one of the agencies has a child abduction, the other agencies have a
mechanism in place to provide manpower and resources to assist in the investigation. By
pooling their resources, all of the agencies can benefit in the event of an abduction.
Atlantic Beach has been fortunate, and we have not had a child abducted by a stranger in
many years. However, we have had several close calls when people attempted to abduct
children in our city. The CART will provide resources for us in the event that we ever have a
child abduction. In addition, Atlantic Beach personnel will assist other agencies in the event
that they have a child abduction.
Virtually every agency in northeast Florida has agreed to participate in the CART.
BUDGET: None
RECOMMENDATIONS: To authorize the Chief of Police to sign the attached
agreement for the Police Department to participate in the local Child Abduction Response
Team.
ATTACHMENTS: Copy of Proposed Agreement
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 4C
DECEMBER 12, 2011
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
AMONG AGENCIES IN THE NORTHEAST FLORIDA AREA AND THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
TO FORM A CHILD ABDUCTION RESPONSE TEAM
WHEREAS, the below subscribed law enforcement agencies have joined together in a multi -
jurisdictional effort to rescue abducted children and under appropriate circumstances allocate
their resources to missing /endangered children cases; and
WHEREAS, the undersigned agencies are all participants in a multi - agency effort known
collectively as the Northeast Florida Area Child Abduction response Team (CART); and
WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to
prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and
WHEREAS, the undersigned agencies have the authority under Part 1, Chapter 23, Florida
Statutes, "the Florida Mutual Aid Act," to enter into a voluntary agreement for cooperation and
assistance of a routine law enforcement nature that crosses jurisdictional lines; and
WHEREAS, the subscribing law enforcement agencies are so located in relation to each other
that it is to the advantage of each to receive and extend mutual aid in the form of law
enforcement services and resources to adequately respond to continuing, multi jurisdictional
criminal activity, so as to protect the public peace and safety, and preserve the lives and property
of the citizens; and
WHEREAS, this agreement does not supersede or take the place of any other agreement entered
into by the various members of the Children Abduction Response Team. Those agreements shall
remain in full effect.
NOW THEREFORE, the parties agree as follows:
As acknowledged by their execution of this Agreement, each of the undersigned law enforcement
agencies approve, authorize and enter into this Agreement, subject to the terms and conditions
noted herein, for the purposes wid. goals' indicated.
Parties To This Agreement:
Florida Department of Law Enforcement (FDLE) — Jacksonville
Office of the State Attorney - Fourth Judicial Circuit
Office of the State Attorney - Fifth Judicial Circuit
Office of the State Attorney - Seventh Judicial Circuit
Office of the State Attorney - Eighth Judicial Circuit
Alachua County Sheriff s Office
Baker County Sheriffs Office
Bradford County Sheriffs Office
Clay County Sheriff's Office
OT /ZO 39VJ PS69VE9006 L9 :TT TTOZ /06 /TT
AGENDA ITEM # 4C
DECEMBER 12, 201 l
Flagler County Sheriffs Office
Gilchrist County Sheriffs Office
Jacksonville Sheriffs Office
Levy County Sheriffs Office
Marion County Sheriffs Office
Nassau County Sheriffs Office
Putnam County Sheriffs Office
St. Johns County Sheriffs Office
Union County Sheriffs Office
Alachua Police Department
Atlantic Beach Police Department
Cedar ley Police Department
Chief.and Police Department
Dunnellon Police Department
Duval County School Board Police
Fernandina Beach Police Department
Flagler Beach Police Department
Florida School for the Deaf and Blind Police Department
Gainesville Police Department
Green Cove Springs Police Department
High Springs Police Department
Inglis Police Department
Jacksonville Airport Police
Jacksonville Beach police Depaxlznent
Lawtey Police Department
Neptune Beach Police Department
Ocala Police Department
Orange Park Police Department
Palatka Police Department
St. Augustine Police Department
St. Augustine Beach Police Department
Starke Police Department
Trenton police Department
University of Florida Police Department
University of North Florida Police Department
Williston Police Department
Federal Bureau of Investigation — Jacksonville
Naval Criminal Investigative Service
Additional parties may, at the request and with the approval of FDLE and the other Child
Abduction Response 'ream members, enter into this Agreement at a later date as evidenced by
their signing of this Agreement. Any party may cancel its participation in this Agreement upon
delivery of written notice of cancellation to the Florida Department of Law Enforcement.
CHILD ABDUCTION RESPONSE TEAM PRIMARY GOAL AND STATEMENT OF
COOPERATION TO BE RENDERED:
The primary goal of the Child Abduction Response Team is to provide a pool of specialized
investigators which are available to focus dedicated and intensive investigative, preventative, and
general law enforcement efforts primarily with regard to cases involving abducted children. To
2
OT /£0 39dd 09690£9006 L9 :TT ZTOZ /0£ /TT
AGENDA ITEM # 4C
DECEMBER 12, 2011
provide for voluntary cooperation, each of the Child Abduction Response Team agencies hereby
approve and enter into this agreement whereby each of the agencies may request and render law
enforcement assistance to Child Abduction Response Team member agencies, or others, in
dealing with any violations of law including, but not limited to, the investigation, arrest and
prosecution of those involved in criminal child kidnapping, abduction, false imprisonment and
similar or related violations (utilizing state and federal law and prosecutions, as appropriate); the
rescue of the abducted child or children and the seizure and forfeiture of assets of those engaged
in child abduction or otherwise supporting such activity (utilizing state and federal forfeiture
options, as appropriate).
Nothing herein shall otherwise limit the ability of participating Child Abduction Response Team
members to provide, as provided by or allowed by law, such assistance in any enforcement action
as may be lawfully requested by a law enforcement officer having jurisdiction over an incident,
crime or matter under consideration.
The Parties to this Agreement are contributing personnel and resources in support of the Child
Abduction Response Team efforts, with the operations of the Child Abduction Response Team
being coordinated with FDLE and other agency members.
JURISDICTION, PROCEDURES FOR REQUESTIING ASSISTANCE, SUPERVISION:
Jurisdiction The principal site of the Northeast Florida Area Child Abduction Response Team
activity shall be in the thirteen counties serviced by the FDLE Jacksonville Regional Operations
Center, to wit: Alachua; Baker, Bradford, Clay, Duval, Flagler, Gilchrist, Levy, Marion, Nassau,
Putnam, St. Johns, and Union. When engaged in Child Abduction Response Team operations
that have been approved by the FDLE, as contemplated by this Agreement, Child Abduction
Response Team members whom do not otherwise have jurisdictional authority outside of their
normal area of operations, shall enjoy full jurisdictional authority anywhere in the State of
Florida, although principally focused within the above thirteen county region, with full power to
enforce Florida laws and avail themselves of the provisions of this Agreement. Officers assigned
to Child Abduction Response Team operations pursuant to this agreement shall be empowered to
render enforcement assistance and take enforcement action in accordance with the laver and the
terms of this Agreement. Execution of this agreement and continued participation by FDLE and
one or more Child Abduction Response Team member agencies shall constitute a general
reciprocal, continuing request for and granting of assistance between the members of the Team
that shall be considered authorized in accordance with the provisions of this Agreement. No
additional or specific formal request for assistance is required. Child Abduction Response Team
members operating outside the jurisdiction of their respective Agencies shall not enjoy extra -
jurisdictional authority as law enforcement officers unless engaged in approved Child Abduction
Response Team activities as stated herein. Pursuant to Section 23.127(1), Florida Statutes,
employees and agents of the undersigned Agencies participating in the Child Abduction
Response Team shall, when engaging in authorized mutual cooperation and assistance pursuant
to this Agreement, have the same powers, duties, rights, privileges and immunities as if the
employees were performing duties inside the political subdivision in which the employee is
normally employed.
Procedures for Requesting and Authorizing Assistance: Activities shall be considered
authorized only when approved and directed as provided herein by an FDLE supervisor or FDLL
designee. The CART will normally function as a force multiplier for the requesting agency, and
the requesting agency will remain as the lead agency in overall control of the investigation,
3
0T /00 39VJ OSHV69006 L9:TT TTOZ /OE /TT
AGENDA ITEM # 4C
DECEMBER 12, 2011
unless the requesting agency has formally asked that the CART, under FDLE supervision or
other FDLE approved supervision, assume control of the investigation. The parties stipulate that
in the event that a significant investigative or jurisdictional dispute should arise, the issue will
immediately be forwarded to the relevant agency chief executives for resolution. if at anytime an
FDLE supervisor or FDLE special agent designee determines that an extra - territorial Child
Abduction Response Team operation pursuant to this agreement should be terminated, said
operation is to be promptly terminated in a manner assuring the safety of all involved law
enforcement officers.
No Child Abduction Response Team member or agent shall engage in activities outside their
normal jurisdictional territory, pursuant to the authority of this Agreement, that are not approved,
are unreported or are otherwise unknown to the FDLE supervisor or FDLE designee and which
are not documented as provided herein. The FDLE supervisor or FDLE designee shall maintain
documentation that will demonstrate the daily participation of specific employees or agents
provided by the Parties to this ,Agreement, including each operation's supervisor or designated
leader. Such documentation will assist in memorializing which individuals had mutual aid
authority pursuant to this Agreement for particular time periods.
After consultation with other participating Child Abduction Response Team agencies, FDLE may
request that a particular employee or agent of the Child Abduction Response Team no longer be
allowed to participate in furtherance of this provision of the Agreement. Upon receiving the
request, the employing Agency shall promptly terminate said person's participation in the
activities contemplated by this provision of the Agreement. 'Upon the request of the chief
executive of the lead investigative agency in whose jurisdiction the incident occurred that a
sworn or support member of the FDLE no longer participate in the Child Abduction Response
Team, FDLE shall promptly terminate that member's participation in the Team's activities
relating to that incident. Upon the request of another participating agency that a sworn or support
member of the FDLE no longer participate in the Child Abduction Response Team, FDLE shall,
if otherwise in FDLE's best interest to do so, terminate said member's participation in the Child
.Abduction Response 'Team. With the approval of FDLE, a Party to this Agreement may
otherwise add, substitute, reinstate, or replace any of its sworn or support employees participating
in the Child Abduction Response Team.
Whenever an operation occurs outside the territorial limits of the FDLE Jacksonville Region, an
Assistant Special Agent in Charge (ASAC) for the FDLE office in the region affected shall be
notified about the presence of Northeast Florida Area Child Abduction Response Team personnel
in his or her region. Local law enforcement in the area of operation will also be notified.
Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an
employee as a member of the employee's Agency.
OPERATXONAIL )P'ROCEDUMS
The operation of the CART will be subject to the oversight of Steering Committee. Membership
of the Steering Committee shall be comprised of the Chief Executive of each signatory agency
(or designee), along with the Special Agent in Charge of the FDLE Jacksonville Region (or
designee.) The Steering Committee may establish operational procedures and/or response
protocols regarding the use and deployment of the CART.
01/90 39dd b969069b06 L9 :TT TTOZ /0E /Tl
AGENDA ITEM # 4C
DECEMBER 12, 2011
FORFEITURE ACTIONS ARISING FROM THIS AGREEMENT:
Forfeiture actions based upon seizures made by the Child Abduction Response Team may be
pursued in either state or federal actions. Actions shall be based upon current statutory and case
law. Distribution of the proceeds shall be shared equitably among the participating agencies, or
as otherwise determined by written agreement.
PROPERTY AND EVIDENCE:
All property and evidence, including currency, seized in connection with state violations,
pursuant to this Agreement, outside the regular jurisdictional boundaries of the Northeast Florida
Area CART, but within Florida, shall be taken into custody and processed by an FDLE Special
Agent in accordance with FDLE policy relating to the handling of property, evidence and
currency.
When such items are seized within the regular jurisdictional boundaries for the Northeast Florida
Area CART, in connection with state violations, the items may be processed and maintained by
the lead agency, an agency with jurisdiction or as otherwise agreed upon.
If and. when the investigation becomes a federal case or inquiry, any such property and evidence
will be taken into custody and processed by the Federal Bureau of Investigation or be, handled
pursuant to their directions.
LIABILITY AND COST-RELATED ISSMS:
Each party engaging in any mutual cooperation and assistance pursuant to this Agreement agrees
to assume its own liability and responsibility for the acts, omission, or conduct of such party's
own employees while such employees are engaged in rendering such aid, cooperation and
assistance pursuant to this Agreement, subject to the provisions of Section 768.28, Florida
Statutes, where applicable, and subject to other relevant state and federal law.
Each party to this Agreement agrees to furnish necessary personnel, property, police equipment,
vehicles, resources and facilities to render services to each other party to this Agreement in order
to affect the purposes of the Child Abduction Response Team and agrees to bear the cost of loss
or damage to such equipment, vehicles, or property. Parties understand and agree that they will
'be responsible for their own liability and bear their own costs with regard to their property and
resources. This provision shall not preclude necessary property or resources being purchased,
funded, or provided by a participating party via the party's legally vested forfeiture funds, if
otherwise authorized by law.
Each Agency furnishing aid pursuant to this Agreement shall compensate its own employees
during the time such aid is rendered and shall defray the actual expenses of its employees while
they are rendering such aid, including any amounts, if legally applicable, that may be determined
to be due for compensation due to personal injury or death while such employees are engaged in
rendering such aid. The privileges and immunities from liability, exemption from laws,
ordinances, and rules, and all pension, insurance, relief, disability, workers' compensation, salary
(including overtime compensation or compensatory time), death and other benefits that apply to
the activity of an employee of an Agency when performing the employee's duties within the
territorial limits of the employee's Agency shall apply to the employee to the same degree,
manner and extent while such employee acts under this Agreement. This provision shall not
,
01/90 39VJ PS69069006 L9 :11 ILOZ /06/11
AGENDA ITEM # 4C
DECEMBER 12, 2011
preclude payment of compensation, including overtime compensation, for its personnel utili2ing
its legally vested forfeiture funds or other funding sources to the extent allowed by law.
Each parry agrees to maintain its own comprehensive general liability insurance, professional
liability insurance, as required, and automotive liability insurance or to maintain a self-insuring
tend for the term of this Agreement in the amounts determined by each party to adequately insure
such party's liability assumed herein. For Florida law enforcement officers, in no event shall
such coverage be less than the state statutory waiver of sovereign immunity limits. If requested,
each party agrees to provide the other parties with proof of the insurance or self - insurance
required hereunder. Federal participants will be govemed by applicable federal law or regulation
concerning the above liability issues.
COMPLAINTS AGAINST CHILD ABDUCTION RESPONSE TEAM MEMBERS:
Whenever a complaint has been lodged against state or local law enforcement CART members as
a result of their Child Abduction Response Team efforts outside their normal jurisdictional
boundaries, while acting pursuant to this Agreement, a designee of the FDLE shall ascertain at a
minimum:
The idendty(ies) of the complainants) and an address where the complainant(s) may be
contacted, the nature of the complaint, any supporting evidence or facts as may be available,
including the naives and addresses of witnesses to that which has been complained about, the
identity(ies) of the Child Abduction Response Team participant(s) accused and the employing
Agency(ies) of the participant(s) accused.
FDLE will promptly provide to each such affected employing Agency the above information for
administrative review and appropriate handling or disposition. Each affected employing Agency
shall, upon completion of said review, notify FDLE of its findings and any actions taken.
Federal agency participants will handle any complaints against their personnel while such
federal personnel are involved in CART operations.
COPY TO EACH PARTICIPATING CHILD ABDUCTION
RESPONSE TEAM MEMBER:
When this Agreement is fully executed, a copy shall be provided to each Child Abduction
Response Team member so that each member may be fully aware of the powers, limitations, and
expectations applicable to Child Abduction Response Team members and operations.
TERM OF AGREEMENT:
This Agreement shall be effective as to the executing Parties upon execution by that member
agency of the Child Abduction response Team and the FDLE. As each additional party executes
this Agreement, it shall be effective as to the newly executing party. This Agreement may be
duplicated for dissemination to all parties, and such duplicates shall be of the same force and
effect as the original. Execution of this Agreement may be signified by each party properly
signing a separate signature page, the original of which shall be returned to, and maintained by,
the Special Agent in Charge, Florida Department of Law Enforcement, Jacksonville Regional
Operations Center, 921 N. Davis Street, Bldg. E, Jacksonville, >~L 32209.
0T /L0 39bd P969VE9006 L9 :TT TT0Z /0E /TT
AGENDA ITEM # 4C
DECEMBER 12, 2011
This Agreement shall remain in full -force as to all participating parties until 'December 31, 2014
unless terminated in writing by the FDLE as to all, dv,,as to individually affected parties. This
agreement may be renewed, amended, or extended only in writing. Any party may withdraw
from this Agreement upon providing written notice to FDLE.
In the event that a party agency has a change of Chief Executive Officer during the term of this
Agreement, the party agency may continue participation in the CART for the term of this
Agreement by having the new Chief Executive sign and submit a new signature page indicating
the party agency's continued desire to participate in the CART.
0Z/80 39VJ 0969069V06 L9:TT IZOZ /0£ /ZI
AGENDA ITEM # 4C
DECEMBER 12, 2011
Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member Agencies of the Northeast Florida Area Child Abduction Response Team.
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a chief executive officer of
the agency who is authorized to contractually bind the agency. By signing below, an indication
of such authorization is being made. Any signatory may attach to this signature page any further
evidence of authorization you wish to remain on file at FDLE along with this signature page.
For the Fl rids DepAj tment of Law Enforcement (FDLE):
b Gerd
Commi
Date
Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member Agencies of the Northeast Florida Area Child Abduction Response Team.
8
OT /60 39Vd 0969PE9006 L9 :TT TTOZ /OE /TT
AGENDA ITEM # 4C
DECEMBER 12, 2011
Party's Acceptance of the Voluntary Cooperation
member Agencies of the Northeast Florida Area
Pursuant to F.S. 23.1225(3), this agreement may be enterf
the agency who is authorized to contractually bind the age
of such authorization is being made. Any signatory may al
evidence of authorization you wish to remain on file at FDl
For the Atlantic Beach Police Department:
Michael Classey
Chief of Police
Date
al Aid Agreement among the
Abduction Response Team.
into by a chief executive officer of
;y. By signing below, an indication
ch to this signature page any further
along with this signature page.
01/01 39dd P969069006 L9:TT TTOZ /0E /TT
AGENDA ITEM # 4D
DECEMBER 12, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: First Vehicle Services Annual CPI Cost Adjustment
SUBMITTED BY: Rick Carper, P. E., Public Works Director
DATE: November 22, 2011
BACKGROUND: The City's fleet maintenance contractor, First Vehicle
Services (FVS), is requesting an annual fee increase for the upcoming
contract year (12/01/11 through 11/30/12). The current contract price is
$247,936.37. An annual change in contract price to compensate for
Consumer Price Index fluctuations is authorized by Section 19 of the
contract. The allowed increase based on the Consumer Price Index (Motor
Vehicle Maintenance and Repair) would be 2.41 %, however FVS is
requesting a 1.5% increase which equals an annual increase of
$3,719.63. The resulting contract price would be $251,656.00. The non-
contract labor rate would stay the same as this year $32.26 per hour. The
current contract expires 9/30/13.
RECOMMENDATION: Approve the requested fee increase of $3,719.63 to
the First Vehicle Services contract for the period of 12/01/11 through
11/30/12, and authorize the City Manager to sign the proposed contract
amendment.
BUDGET: $255,375.00 is budgeted in Fleet Maintenance Account No. 001-
5004- 549- 34 -01.
ATTACHMENTS: 1. Proposed First Vehicle Services Amendment Thirteen
2. Consumer Price Index Information
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 4D
DECEMBER 12, 2011
November 16, 2011
Mr. Rick Carper
Public Works Director
City Of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach FL 32233
Re: Annual Fleet Maintenance Renewal
Dear Rick:
I hope this finds you and Phil well.
This year FVS would like to ask for an increase of 1.5% to cover the rising cost of
health care and parts. The current CPI is over 2%
Matt will include with this request the current CPI information for your review.
This raises the contract price to $251,656. from $247,936.
Thanks for letting us serve the City of Atlantic Beach.
Steve Breeden
Region Vice President
AGENDA ITEM # 4D
DECEMBER 12, 2011
CPI CALCULATIONS FOR ATLANTIC BEACH
CPI Category
Transportation
Motor Vehicle Maintenance & Repair
1.5%
Current Year
CPI Increase
New Year
Labor
126,078.00
$
1,891.17
$
127,969.17
Parts
$
59,884.00
$
898.26
$
60,782.26
Overhead
$
12,151.00
$
182.27
$
12,333.27
Administrative Fee
$
21,176.00
$
317.64
$
21,493.64
Management Fee
$
28,648.00
$
429.72
$
29,077.72
Total
$
247,937.00
$
3,719.06
$
251,656.06
AGENDA ITEM # 4D
DECEMBER 12, 2011
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AGENDA ITEM # 4D
DECEMBER 12, 2011
AMENDMENT TWO (2) TO THE
FLEET MANAGEMENT AND VEHICLE MAINTENANCE SERVICES CONTRACT
FOR ATLANTIC BEACH, FLORIDA
This Amendment is made this 28th day of November 2011 by and between the City of
Atlantic Beach, Florida (the "City ") and First Vehicle Services, Inc. ( "FVS ").
WHEREAS, the City and FVS now desire to amend the Contract in accordance with
Section 3.09(A).
NOW, THEREFORE, in consideration of the mutual covenants, promises and
undertakings contained in the contract and this Amendment, the City and FVS agree as follows:
1. The Approved Budget and Maximum Price, including Contractor's fee, for the
period of December 1, 2011, up to and including November 30, 2012, is Two
Hundred Fifty -One Thousand Six Hundred Fifty Six dollars ($251,656).
Except as amended by this document, the Contract as previously approved, remains in full force
and effect and legally binding upon the City and FVS.
IN WITNESS WHEREOF, the City and FVS hereto have affixed their respective
signatures as the date indicated below:
CITY OF JACKSONVILLE BEACH
Attest:
Attest:
BY:
Name:
Title:
Date:
FIRST VEHICLE SERVICES, INC.
BY:
Name: Dale Domish
Title: Senior Vice President
Date:
AGENDA ITEM # 6A
DECEMBER 12, 2011
RESOLUTION NO. 11-28
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING
POLICE OFFICER PENSION PLAN AND DISABILITY PRESUMPTION REFORMS TO
MAKE THE PLAN SUSTAINABLE, SOUND AND SECURE FOR CURRENT AND
�E POLICE OFFICERS
WHEREAS, to honor their service now and in years to come, current and future police officers in
the City of Atlantic Beach deserve a pension plan that is sound, secure and sustainable; and
WHEREAS, the City of Atlantic beach opposes unfunded mandates from the Florida Legislature
that have created a pension plan system for local police officers that is unstable, unsustainable and
unreliable for current and future police officers; and
WHEREAS, the Florida Legislature has imposed significant unfunded mandates onto the City of
Atlantic Beach relative to the operation of the Atlantic Beach's police officer defined benefit pension plan
by mandating minimum pension benefit levels and mandating the use of revenues to fund pension plan
costs; and
WHEREAS, prior to state mandates established in 1999, the City of Atlantic Beach was largely free
to bargain with local police unions, or provide for the non - unionized police, the pension benefits that best fit
the priorities and needs of the city of Atlantic Beach and its police officers; and
WHEREAS, in 1999, the Florida Legislature passed a law that established pension plan mandates
that included revisions to how the City of Atlantic Beach could use insurance premium tax revenues to fund
its police defined benefit pension plan by forcing the City of Atlantic Beach to use any increase in the tax
revenues to provide new, extra pension benefits for police officers; and
WHEREAS, since 1999, the mandate to provide new, extra pension benefits to police and
firefighters with increases in insurance premium tax revenues has required cities across the state to provide
collectively more than $460 million in new, extra pension benefits to police and firefighters; and
WHEREAS, state pension mandates continue to force the City of Atlantic Beach to provide extra
pension benefits to police officers even though the City of Atlantic Beach struggles with funding the current
level of pension benefits provided to police officers; and
WHEREAS, even if the City of Atlantic Beach desired to reduce the level of pension benefits
provided to police officers to address the City of Atlantic Beach's critical revenue constraints, the state
Division of Retirement imposes a policy that police pension benefit levels may not be reduced to a level
lower than the level that existed in 1999; and
WHEREAS, if the City of Atlantic Beach did lower its pension benefits for police officers to a level
lower than existed in 1999, the state Division of Retirement would withhold all the City of Atlantic Beach's
insurance premium tax revenues as a penalty; and
WHEREAS, the Florida Legislature has provided that health conditions related to heart disease,
hypertension or tuberculosis suffered by a police officer are presumed to be job related, and these "disability
presumptions" are applicable to both workers' compensation and disability pension claims; and
AGENDA ITEM # 6A
DECEMBER 12, 2011
WHEREAS, the Florida Legislature has written and the courts have interpreted the disability
presumption laws so favorably toward these employees that cities and other government employers
basically cannot overcome the presumption and show the health condition was not work related; and
WHEREAS, "disability presumptions" and other loopholes in the police officer pension laws
threaten the City of Atlantic Beach taxpayer- funded police pension plan by increasing the potential for
abuse in the police pension system; and
WHEREAS, the Florida Legislature transferred all operational and administrative control of police
pension plans from the City of Atlantic Beach to a legislatively created board of trustees, a separate legal
entity apart from the City of Atlantic Beach that exercises broad powers outside the City of Atlantic Beach's
control; and
WHEREAS, the City of Atlantic Beach supports flexibility in state law that would allow cities to
deal with their local problems locally, and needs for the Florida Legislature to remove barriers in state law
that prohibit this flexibility; and
WHEREAS, the City of Atlantic Beach is seeking immediate mandate relief from the Florida
Legislature and requests the Legislature to untie its hands so that it can responsibly address its pension and
other personnel issues locally and in a manner that best serves its taxpayers, stops potential pension abuse
and protects pensions for current and future generations of police officers.
NOW, THEREFORE BE IT RESOLVED by the Commission of the City of Atlantic Beach,
Florida:
Section 1 . That the City of Atlantic Beach, Florida hereby supports responsible police defined
benefit pension and disability presumption reforms to ensure sound, secure and stable pensions will be there
for current and future police officers.
Section 2 . That the City of Atlantic Beach, Florida believes local issues should be addressed locally
and hereby requests the Florida Legislature to remove itself from the local collective bargaining process
between the City of Atlantic Beach and its police officers.
Section 3 . That the City of Atlantic Beach, Florida hereby requests the Florida Legislature to
remove mandates establishing minimum pension benefit standards for police pensions, remove the
requirement to provide new, extra pension benefits to police, and allow the City of Atlantic Beach to use
insurance premium tax revenues to pay for the level of pension benefits for police officers that meets the
needs and priorities of the City of Atlantic Beach.
Section 4 . That the City of Atlantic Beach hereby requests the Florida Legislature to prohibit the
state Division of Retirement from imposing administrative polices that result in increased costs to the
taxpayers of the City of Atlantic Beach in providing the police pension plans.
Section 5 . That the City of Atlantic Beach hereby requests the Florida Legislature to enact
responsible police officer pension reforms to bring a fairer balance to the application of disability
presumption laws relating to certain health conditions suffered by police officers by requiring a police
officer to meet age and employment requirements, allowing a disability presumption to be overcome by a
preponderance of the evidence, and allowing certain individual risk factors to be considered when applying
a disability presumption, such as tobacco use, weight and diet, genetics and lifestyle choices.
AGENDA ITEM # 6A
DECEMBER 12, 2011
Section 6 . That the City of Atlantic Beach urges the Florida Legislature to pass and the Governor to
approve the above responsible pension recommendations relating to police pension plans and disability
presumptions in the 2012 legislative session.
Section 7 . That the City of Atlantic Beach Clerk is directed to transmit a copy of this resolution to
Governor Rick Scott, the Florida Legislature, and the Florida League of Cities, Inc.
Section 8 . That this resolution shall be effective upon adoption.
Passage adopted by the City Commission of the City of Atlantic Beach, Florida on this 12 day of
December, 2011.
MIKE BORNO
Mayor
APPROVED AS TO FORM:
ALAN C. JENSEN, ESQUIRE
City Attorney
ATTEST:
DONNA L. BARTLE, CMC, City Clerk
AGENDA ITEM # 6B
DECEMBER 12, 2011
RESOLUTION NO. 11 -29
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING AND
SUPPORTING THE LEGISLATIVE PRIORITIES IN THE FLORIDA LEAGUE OF
CITIES 2012 LEGISLATIVE ACTION AGENDA, PROVIDING FOR AN EFFECTIVE
DATE AND FOR OTHER PURPOSES.
WHEREAS, decisions made by the Florida State Legislature affect cities in Florida in
numerous ways, many of these are mandates or other actions that limit local government
revenues or cause governments to incur expenses and ultimately affect the ability of Florida
cities to provide adequate services to their citizens; and
WHEREAS, involvement by representatives from Florida cities in the legislative process
can help to educate lawmakers in Tallahassee about the needs, abilities and desires of their cities
and residents that they represent; and
WHEREAS, the City of Atlantic Beach, as well as many other Florida cities, are
members of the Florida League of Cities, whose mission is to work for the general improvement
of local government in Florida and its efficient operation through cooperative effort and to help
represent units of local government before the various executive, legislative and judicial
branches of State government on issues pertaining to the general welfare of its member cites; and
WHEREAS, the member cities of the Florida League of Cities come together annually to
adopt a legislative platform in anticipation of the upcoming legislative session and that was done
at a conference held in Orlando in November 2011; and
WHEREAS, the Florida League of Cities Legislative Priorities for 2012 include
positions on municipal police officer and firefighter pension plans and disability presumptions,
energy, water policy, communications and local business tax protection, campus development
agreements, the pending ordinance doctrine, economic development, residential group homes,
effective public notice and a public safety telecommunicator certification exemption; and
WHEREAS, it is appropriate for the Mayor and Commission of the City of Atlantic
Beach to join with other Florida League of Cities representatives to jointly support the
Legislative Priorities for 2012 by adopting a resolution of support and distributing copies by mail
and personally to State legislators and other public officials and to otherwise support legislation
that will enhance the ability of the City of Atlantic Beach and other Florida cities to provide
public services efficiently to our citizens.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
Section 1. That the City Commission of the City of Atlantic Beach, Florida hereby
adopts and supports the Florida League of Cities Legislative Action Agenda for 2012 as
approved by the FLC Board which includes positions on municipal police officer and firefighter
pension plans and disability presumptions, energy, water policy, communications and local
AGENDA ITEM # 6B
DECEMBER 12, 2011
business tax protection, campus development agreements, a pending ordinance doctrine,
economic development, residential group homes, effective public notice and a public safety
telecommunicator certification exemption.
Section 2. That the City Commission of the City of Atlantic Beach, Florida hereby
authorizes and directs copies of this resolution as well as the 2012 legislative action agenda be
sent to State legislators, State staff and others who may be influential on matters of State policy.
Section 3. That the City Commission of the City of Atlantic Beach, Florida hereby
authorizes and encourages the Mayor and staff to personally meet with State legislators,
legislative staff and others to promote positions outlined in the Florida League of Cities
Legislative Action Agenda for 2012.
Section 4. That this Resolution shall be effective upon adoption.
PASSAGE ADOPTED by the City Commission of Atlantic Beach, Florida, on this 12
day of December 2011.
MIKE BORNO
Mayor
ATTEST:
DONNA L. BARTLE, CMC
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
AGENDA ITEM # 6B
DECEMBER 12, 2011
V AUE Op
ENERGY
Proposed Policy Statement:
The Florida League of Cities will support legislation that establishes a statewide policy on
energy development and conservation, that prioritizes and incentivizes the development and
implementation of renewable and alternative energy and transportation fuel sources, and that
authorizes local governments to make use of the $190 million in Qualified Energy Conservation
Bond capacity allocated to Florida.
Background:
The cost of electricity and other fuel sources to Florida's cities, citizens and businesses has
significantly increased in recent years and is likely to continue to do so. Increased costs
negatively affect everyone's pocket books, as well as economic activity and growth. Developing
cost - effective methods to lower electric and other fuel source expenses is critical to maintaining
our state and local economies. Cost - effective methods cannot focus exclusively on expanding
traditional electric generating facilities or relying solely on fossil fuel sources. While in the past
various measures have been attempted to increase renewable or alternative energy sources, the
state, working with cities and other interested parties, must either provide or authorize cities to
provide appropriate incentives for the development and implementation of renewable and
alternative energy and transportation fuel sources.
Qualified Energy Conservation Bonds (QECBs) provide an opportunity for economic
development and a move toward energy efficiency. QECBs are federally - supported tax - credit
bonds issued by local or state governments for projects related to energy conservation. Action
by either the Governor or Legislature is required to access the $190 million in QECBs allocated
to Florida.
Status:
Several bills relating to energy have been filed for consideration during the 2012 Session. These
include proposals authorizing local governments to create "energy zones" to encourage "green"
job development and energy efficient land use patterns. Legislation also has been filed repealing
various state imposed standards on solar energy systems, and repealing the requirement that
gasoline sold in Florida contain 10 percent ethanol.
AGENDA ITEM # 6B
DECEMBER 12, 2011
WATER POLICY
Proposed Policy Statement:
The Florida League of Cities will support legislation that assures cities retain the tools necessary
to achieve federal or state water quality standards, such as standards on total maximum daily
loads or numeric nutrient criteria, at the lowest possible cost to cities. To accomplish these
various standards, cities must have broad regulatory authority, such as controls on storm water
discharge, septic tanks and fertilizer use. Additionally, the Florida League of Cities will support
legislation that clarifies reclaimed waters are not "waters in the state" and should not be subject
to regulatory action by water management districts.
Background:
The federal Environmental Protection Agency (EPA) has imposed water quality standards that
result in substantial unfunded mandates to Florida's cities. These standards include, but are not
limited to, total maximum daily loads, storm water treatment standards, and numeric nutrient
criteria for various bodies of coastal/inland waters. While cities are not necessarily opposed to
the goals of these water quality standards, the federal and state governments must recognize and
provide for the expenses associated with meeting the standards. Additionally, the federal and
state governments must recognize that cities must retain the authority to regulate numerous
"contributors" to poor water quality, based on unique local circumstances. Thus, there should be
no preemption of the authority of cities to regulate storm water discharges, septic tanks, fertilizer
use, and other "contributing" factors to poor water quality.
Status:
HB 79 (Coley), SB 114 (Evers) and SB 178 (Lynn) all repeal the mandatory once every 5 -year
septic tank inspection program in some manner. HB 421 (Smith) and SB 604 (Dean) exempt
persons who hold a limited certification for urban landscape commercial fertilizer application
from local ordinances that provide for the use, purchase, and application of fertilizer. The
League opposes this provision of BB 421 and SB 604.
On November 2, 2011, the federal Environmental Protection Agency sent a letter to the Florida
Department of Environmental Protection expressing conditional support of Florida's proposed
rules relating to establishing numeric nutrient criteria for Florida's water bodies. Because these
rules have a financial impact on businesses and local governments, the rules must be ratified by
the Florida Legislature. These rules will be the focus of much attention during the 2012 Session.
AGENDA ITEM # 6B
DECEMBER 12, 2011
�U6 OF
Proposed Policy Statement:
The Florida League of Cities will support legislation that provides comprehensive municipal
firefighter and police officer pension reform. Any comprehensive pension reform package
should address the use of the insurance premium- tax revenues by repealing'the mandate for cities
to perpetually provide new, "extra" pension benefits for police /fire, to allow cities the ability to
adjust pension benefits and provide for accountability by police /fire pension boards of trustees.
The reform package should also include modifications to the current statutory disability
presumptions for firefighters, law enforcement officers, and correctional officers relating to
tuberculosis, heart disease, or hypertension.
Background:
In 1999, the Legislature amended chapters 175 and 185, Florida Statutes, relating to firefighter
and police officer pensions to state that additional premium tax revenues over a base amount
must be used to provide "extra" benefits in firefighter and police officer pension plans.
Combined, this mandate has required municipalities to provide over $460 million in "extra"
pension benefits to firefighters and police officers since 1999. The Legislature has also
transferred all operational and administrative control of police /fire pensions to statutorily created
boards of trustees. These boards of trustees are not required to provide fiscal transparency or
accountability for substantial amounts of public funds.
In 2011, the Florida Legislature passed Senate Bill 1128, which made the first steps in reforming
municipal pension plans. The legislation addressed issues such as prohibiting "spiking" of
pension benefits by restricting the use of overtime and unused sick or annual leave payments for
pension purposes, and eliminating the requirement in Chapters 175 and 185 that pension benefits
be increased whenever member contributions are increased. A Task Force on Public Employee
Disability Presumptions was also created to study the issue of various disability presumptions for
firefighters and police and corrections officers. The Task Force report and recommendations
must be submitted to the legislature by January 1, 2012.
Current Status:
Representative. Costello has filed HB 365 and Senator Hays has filed SB 910 dealing with
municipal police/ fire pensions and police /fire /correctional disability presumptions. The League
of Cities supports these bills.
Municipal Police Officer and Firefighter Pension Plans
And Disability Presumptions
AGENDA ITEM # 6B
DECEMBER 12, 2011
Proposed Policy Statement:
The Florida League of Cities will oppose legislation that modifies, restricts or eliminates the
authority of municipalities to levy, collect and
expend the communications services tax and
the local business tax.
Background:
Communications Services Tax
In 2002, the Florida Legislature established the Communications Services Tax Simplification
Law. The communications services tax (CST) replaced and consolidated several different state
and local taxes and fees into two taxes: the Florida CST and the local CST. The Florida CST is
applied at a rate of 6.65 percent to all communications services except direct -to -home satellite
services, which are taxed at a rate of 10.8 percent. Municipalities have the authority to levy the
local CST up to a rate of 5.1 percent, but currently vary by jurisdiction, and are not applicable to
direct -to -home satellite services. The Florida CST and the local CST are collected by
communications service providers and remitted to the Department of Revenue (DOR), who
distributes the proceeds to the appropriate jurisdictions.
Local Business Tax
Currently, a municipality may impose a local business tax for the privilege of engaging in or
managing a business, profession, or occupation within its jurisdiction. The amount of the tax and
the occupations and businesses that the tax is imposed on are determined by the local
government. Local business tax revenues collected by local governments are used to assist in the
funding of services critical to business such as zoning, permitting, code enforcement, and police
and fire. Local governments may also use the business tax revenues to help fund economic
development programs, presenting a direct benefit to businesses through the marketing of local
areas. Many municipalities use the business tax as general revenue funds and have pledged these
revenues to secure debt. Collections for municipal local business tax revenues were $120
million for 2009.
Current Status:
There is a Department of Revenue proposal that would eliminate the authority of municipalities
to levy the Communication Services Tax. The tax would instead be levied by counties and
dispersed to municipalities by a distribution formula. The League of Cities opposes this bill.
Representative O'Toole has filed HB 4025 and Senator Hays has filed SB 760 repealing the
authority of cities to levy the Local Business Tax. The League of Cities opposes this bill.
Representative Roberson has filed HB 361 and Senator Hays has filed SB '770 granting an
exemption from the Local Business Tax to specific individuals in the real estate industry. The
League of Cities opposes this bill.
Communications Services and Local Business Tax Protection
AGENDA ITEM # 6B
DECEMBER 12, 2011
Campus Development Agreements
Proposed Policy Statement:
The Florida League of Cities supports the continued funding to mitigate fully the impacts of
State University System campus development on host local governments and supports
maintaining Campus Development Agreements. The repeal of section 1013.30, Florida Statutes,
would eliminate a proven and effective mechanism that addresses the impacts of campus
development on local infrastructure.
Background:
Currently, section 1013.30, Florida Statutes, requires that a Campus Development Agreement be
formed between the State University System (SUS) campus and host local government. These
agreements address impacts on local infrastructure and services that additional density and
development of the university have on the surrounding community. The agreement requires the
SUS to pay a fair share of the costs of mitigating those impacts to: stormwater management;
potable water; sanitary sewer; solid waste collection and disposal; parks and recreation;
transportation; and fire and rescue services. The SUS, historically, has paid for the impacts
through the SUS Concurrency Trust Fund, which is no longer being funded by the Florida
Legislature. Repeal of this section would leave local governments on the hook for adding
density, intensity, increased levels of service on roads, additional capacity for fire and rescue, etc
of a state university. It is imperative that the Campus Development Agreement process continue
unchanged, thus continuing to embrace the university and host community partner relationship.
Current Status:
There have been no bills filed during committee weeks of the 2012 Legislative Session dealing
with a repeal of section 1013.30, Florida Statutes. During the 2011 Legislative Session, SB 632
( Oelrich) contained the aforementioned provision. Senator Oelrich has assured the League that
he would not follow a similar bill in 2012. The State University System Board of Governor's
lists as their first legislative priority a repeal of the Campus Development Agreement process.
AGENDA ITEM # 613
DECEMBER 12, 2011
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Pending Ordinance Doctrine
Proposed Policy Statement:
The Florida League of Cities supports maintaining the home rule authority of municipalities in
the local application of the Pending Ordinance Doctrine.
Background:
During the 2010 legislative session the issue of what local regulations should govern an
states, the law in effect at the time
application for a permit or development order arose. In many
of the permit application governs the issuance of the permit. Local governments may not reject a
building permit based on pending zoning restrictions. However, in Florida some courts and a
number of local governments (by ordinance) have adopted the "pending ordinance doctrine. "l
The doctrine holds that a building permit or development order application established on or
after the date when a local government has publicly declared its intent to change its zoning
scheme may be denied or held until after the enactment of the new zoning ordinance. Local
government decisions should be given the deference to declare its intent to enact new ordinances.
Current Status:
There have been no bills filed during committee weeks of the 2012 Legislative Session dealing
with the pending ordinance doctrine. During the 2011 Legislative Session there was an attempt
to add language to the comprehensive growth management bill (1113 7207) as a late -filed
amendment. Those efforts ultimately were unsuccessful.
AGENDA ITEM # 613
DECEMBER 12, 2011
Economic Development
Proposed Policy Statement:
The Florida League of Cities will support legislation that promotes state agency coordination
with local entities through providing increased technical assistance, building public infrastructure
and urban infill projects and programs, and offering appropriate business incentives that support
local economic development.
Background:
Over the past two years, the Florida Legislature has focused on the area of economic
development as a way to restart Florida's economic engine and create more jobs for Floridians.
Last year, several measures were passed by the Legislature to accomplish this goal and getting
Florida back to work also continues to be a major focus of Governor Rick Scott, who has
pledged to create 700,000 permanent Florida jobs over the next 7 years. One of those measures
was the creation of a new agency, the Florida Department of Economic Opportunity, which was
developed with the sole purpose of coordinating efforts to ensure Florida has a thriving climate
for businesses that seek to start, relocate, or expand in Florida. Last year, the League adopted an
economic development package as a legislative priority which included creation of an economic
development policy, support for the state and local government housing trust fund, and
investment in low risk public infrastructure.
Status:
Through several surveys, panel discussions and public presentations, the League has sought to
determine how best to work with our state partners. Economic development continues to be an
important focus for the Florida Legislature, the Governor and other important and influential
stakeholders. We will continue to engage these entities by looking to develop partnerships and
collaborations and provide counsel on how best to accomplish the task of getting Florida's
economy back on track.
AGENDA ITEM # 6B
DECEMBER 12, 2011
Residential Group Homes
Proposed Policy Statement:
The Florida League of Cities will support legislation that requires community residential homes
to notify local governments upon application and adhere to local municipal standards of
occupancy where onsite substance abuse treatment must be provided by a licensed service
provider.
Background:
Many cities have had a difficult time dealing with the public perception of community residential
homes or "sober homes ". Community Group Homes may be defined as homes which are
purchased in single family residential neighborhoods and then converted to treatment residences
for persons with drug addictions or physical disabilities. Many of the operators of these homes
are not regulated and are not usually licensed service professionals.
This issue goes to the heart of what is commonly known as the NIMBY (Not In My Back Yard)
syndrome. While residents would readily admit that group home residents deserve reasonable
housing accommodations, no one wants those accommodations to be in their own residential
neighborhoods.
In order to make wise and prudent decisions and to work with citizens and other stakeholders,
city leaders seek to have legislation adopted that would better define community group homes
and that would require that a community be advised when an application is submitted for site
approval of community residential homes with six or fewer residents within single or
multifamily zoning areas, regardless of their proximity to another such home.
Status:
Senator Ellyn Bogdanoff and Representative Patrick Rooney are potential bill sponsors of
legislation concerning this topic. This is only the second year that legislation concerning this
topic has been filed.
AGENDA ITEM # 6B
DECEMBER 12, 2011
01P
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2 0" 12 L E G OO I "LATIVE
ACTIOM AG E N DA
Effective Public Notice
Proposed Policy Statement:
The Florida League of Cities will support legislation that authorizes municipalities to provide
effective public notice and advertising for various appropriate matters, not to include ad valorem
taxation millage setting, by means other than newspapers, such as direct mailings, physical
posting of property, Internet posting, free publications, government access television channels,
and other suitable alternatives.
Background:
Numerous statutory provisions require cities to provide public notice or advertising in local
newspapers. Most cities spend tens of thousands of dollars or more a year to meet these
newspaper advertising requirements. Newspaper ads are required for many city activities, such
as ordinance adoption, annexations, budget adopting, comprehensive plan changes, bidding and
purchasing, notice of meetings, redevelopment activity, and land use changes.
Laws should be changed to authorize cities to provide effective public notice and advertising for
various appropriate matters by means other than newspapers. Depending on the particular
circumstances, such advertising could be accomplished by using direct mailings, physical
posting of properties, Internet posting, free publications, government access television channels,
and other suitable alternatives. The goal is to provide public notice in the most effective manner
at the lowest possible cost to the citizens. Ad valorem millage setting notices should continue to
be provided in newspaper ads.
Status:
SB 292 (Bennett) authorizes cities to use their publicly accessible website for legally required
advertisements and public notices. There are no bills currently filed in the House, but League
staff expects legislation on the topic to be filed in the coming weeks.
AGENDA ITEM # 6B
DECEMBER 12, 2011
0 E OP
2012 LEGIRATIVE
ACTION AGENDA
Public Safety Telecommunicator Certification Exemption
Proposed Policy Statement:
The Florida League of Cities will support legislation that exempts certified law enforcement
officers from having to also be certified Public Safety Telecommunicators to allow them to serve
as "Temporary" Public Safety Telecommunicators.
Background:
The Florida Legislature passed legislation in 2010 requiring all public safety telecommunicators
to complete a 232 hour training program and pass a certification examination by October 1,
2012. The bill included language allowing sworn law enforcement officers and employed public
safety telecommunicators hired prior to April 1, 2012 an exemption from the course work
provided that they pass the certification exam.
Law enforcement officers hired after April 1, 2012, that are used as "temporary" public safety
telecommunicators will be forced to complete the lengthy training program and also pass the
certification exam. After comparing the proposed curriculum and the training that cadets in the
law enforcement academies receive, much of the coursework was found to be redundant.
Legislation was filed during the 2011 legislative session that would require sworn law
enforcement officers who work as "temporary" public safety telecommunicators to successfully
complete a 40 hour supplementary training program. This training, developed and distributed by
the Criminal Justice Standards and Training Commission with the Florida Department of Law
Enforcement (FDLE), would be in lieu of the 232 hours currently required of public safety
telecommunicators. SB 890 (Dean) passed the Senate, but died in House messages.
Status:
The Florida League of Cities has been working closely with the Florida Police Chiefs
Association and both associations have worked to find bill sponsors. Senator Dean has again
filed the bill and a House version will be filed in the next few weeks. It is expected that the
legislation will be amended to require officers to pass the certification exam before serving as a
"temporary" public safety telecommunicator. If the officer cannot pass the certification exam,
they will then be required to take the 40 hour "Bridge" Course offered by FDLE. Only after
completion of the bridge course will those officers be eligible to take the certification exam
again. It is worth noting that "temporary public safety telecommunicator" will be defined as a
person working in the position for less than a certain amount of days per year.
AGENDA ITEM # 7A
DECEMBER 12, 2011
ORDINANCE NUMBER 60 -12 -17
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF
ORDINANCES WHICH REGULATES SIGNS AND ADVERTISING
STRUCTURES AS ADOPTED BY ORDINANCE NUMBER 60- 02 -12,
INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS
ORDINANCE SPECIFICALLY AMENDING SECTION 17 -29, SIGNS
PERMITTED WITHIN COMMERCIAL AND INDUSTRIAL ZONING
DISTRICTS; PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission for the City of Atlantic Beach, Florida (hereinafter the
"Commission ") hereby finds that there are various persons and entities that have an interest in
communicating with the public through the use of signs and advertising structures, and
WHEREAS, the Commission is responsible for advancing the City's commitment to provide
opportunities for economic development that serve and meet the needs of residents and visitors, while
maintaining a safe and aesthetically pleasing environment where signs do not create excessive visual
clutter and distraction and do not impair the safety of pedestrians and vehicular traffic, and
WHEREAS, it is the intent of the Commission that the regulations contained in this Chapter
shall provide uniform sign criteria, which shall place the fewest possible restrictions on personal liberties,
property rights and the free exercise of Constitutional rights, while achieving the City's goal of creating a
safe, healthy, attractive and economically viable community free from excessive clutter or visual
distractions from right -of -ways and adjacent properties and the surrounding natural environment, and
WHEREAS, these regulations shall also provide appropriate and consistent signage for the
commercial and industrial zoning districts, recognizing the scale and context of properties within these
particular areas of the City, and
WHEREAS, these regulations set forth herein provide for orderly growth; protect and conserve
the value of property; promote, protect and improve the health, safety, comfort, good order, appearance,
convenience and general welfare of the public, and serve to accomplish and implement the goals and
objectives of the Comprehensive Plan, and
WHEREAS, after required notice was published, public hearings were held on the 12 day of
December, 2011 at 6:00 p.m. and on the 9 th day of January, 2012 at 6:00 p.m. to hear and enact said
amendments to Chapter 17 of the Code of Ordinances for the City of Atlantic Beach.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
AGENDA ITEM # 7A
DECEMBER 12, 2011
SECTION 1. Chapter 17, Section 17 -29, Signs Permitted within Commercial and Industrial
Zoning Districts, is hereby amended and upon enactment shall read as set forth in Exhibit A, attached to
and made part of this Ordinance.
SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption
and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Florida, in
accordance with Section 125.68, Florida Statutes.
Passed on first reading by the City Commission of the City of Atlantic Beach the 12"' day of December,
2011. Passed on final reading and public hearing the day of , 2012.
ATTEST:
DONNA L. BARTLE MIKE BORNO
City Clerk Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C JENSEN, ESQUIRE
City Attorney
AGENDA ITEM # 7A
DECEMBER 12, 2011
Ordinance 60 -12 -17
Sec 17 -29. Signs permitted within Commercial and Industrial Zoning Districts.
Subject to the provisions as set forth within this section, the following signs shall be permitted within
Commercial Professional Office (CPO), Commercial Limited (CL), Commercial General (CG), Central
Business District (CBD), and Industrial, Light and Warehousing (ILW) Zoning Districts. Except as
specifically exempted in Section 17 -26, and further subject to issuance of a sign permit, no other signs or
advertising device shall be displayed or erected within the City.
(a) Fascia signs.
(1) Fascia signs for buildings with a single business or occupant.
a. Size permitted: One (1) square foot of sign face area for each linear foot of the
building width that faces the street frontage of the got as .d e fi Re d i S 24.17 of
this provided that le faseia sign en any one (1) side of the b
exe e ' sixty (6 0` the total signage shall not exceed two hundred (200) square feet of
sign face area including buildings on corner lots (For example, if the width of the
building facing the front of the lot is fifty (50) feet -wide, the maximum total sign face
area for all fascia signs is fifty (50) square feet. If the building is on a corner lot,
then the widths of the building facades facing multiple street frontages can be
added together to determine the total signage area, but in no cases shall the total
fascia signage exceed two hundred (200) square feet, nor shall an individual sign
exceed the square footage corresponding to the linear width of the building side on
which that sign is posted.
b. Number of fascia signs permitted: Not more than three (3) fascia signs shall be
allowed on any one (1) side of the building. Where fascia signs are placed upon
more than one (1) side of the building, the combined sign face area shall not exceed
the amount permitted by sabparagFaph- subsection (a) (1) a. above.
(2) Fascia signs for buildings with multiple businesses or occupants.
a. Size permitted. One (1) square foot of sign face area for each linear foot of the
unit(s) occupied by one (1) business or occupant, provided that the total signage Pte
such fascia °' ^^ shall not exceed feFty eight (49) hundred (200) square feet-of
for any one (1) business. If the business or occupant is on the corner,
then the widths of the unit(s) occupied by the business or occupant that are facing
multiple street frontages can be added together to determine the total signage
area, but in no case shall the total signage for particular business or occupant
exceed two hundred (200) square feet, nor shall any individual sign exceed the
square footage corresponding to the linear. (For example, if the width of a unit or
several units, occupied by one (1) business is twenty -four (24) feet, then one (1)
sign, a maximum of twenty -four (24) square feet of sign face area is permitted.)
b. Required spacing between signs on buildings with multiple occupants: Fascia signs
for different occupants shall be separated by a minimum distance of thirty -six (36)
inches.
(b) Bracket or marquee signs. In lieu of the above described fascia signs, a business or permitted
use may install a single bracket sign or marquee sign in accordance with the following
provisions:
(1) Size permitted: The maximum size of a bracket sign or a marquee sign shall be
determined in the same manner as a fascia sign, provided that no such sign shall have
more than sixty (60) square feet of projected sign face area.
AGENDA ITEM # 7A
DECEMBER 12, 2011
a. There shall be no more than twelve (12) inches of clear space adjacent to the
building wall, and such signs shall not extend or project from the face of the building
more than ten (10) feet.
b. No portion of such sign shall extend above the height of the roof.
c. No portion of such sign shall be closer than eight (8) feet to any sidewalk or
pedestrian walkway, and no closer than five (5) feet from any street side property
line. All such signs shall be securely anchored to a wall and shall in no manner be
connected to or suspended from the roof of any building.
(2) Within the Central Business District only. -aril n addition to other permitted signs, uses
limited only to retail establishments,_-aod- restaurants, cafes and coffee shops, may
install a single bracket sign extending above a public sidewalk or pedestrian walkway.
The purpose of this provision is to provide appropriate and consistent signage for the
unique pedestrian environment of the town center area. Such signs shall be located
only in accordance with the following provisions and upon issuance of a sign permit:
a. May be located only above first floor entryways or first floor windows with no
portion of the sign display area exceeding ten (10) feet above the established grade
of the adjoining sidewalk or walkway;
b. Shall provided minimum vertical clearance of eight (8) feet above the sidewalk or
walkway;
c. Shall provide minimum clearance of six (6) inches from the building facade;
d. Shall be separated from any other such sign by a minimum of twenty (20) feet;
e. Shall not exceed three (3) feet in horizontal width and two (2) feet in vertical depth;
f. Shall give the appearance of traditional wood routed or sandblasted signs.
Materials such as high density urethane (HDU) and recycled high density
polyethylene (HDPE) plastics, which give a similar appearance, shall be acceptable
substitutes;
g. Shall be externally illuminated only and shall contain no electrical components; and
h. Shall create no safety hazard or obstruction to the public's use of the sidewalk or
walkway as determined by the Director of Public Safety.
(c) Freestanding signs. In addition to the above signs, freestanding signs may be eFeeted- permitted
as set forth below:
(1) Size permitted: FFeestanding signs, ineluding pole, pylon,
signs shall be limited One (1) square foot of sign display area for each linear foot of
frontages of the development parcel on which the sign(s) are placed, provided no such
sign shall exceed ninety -six (96) square feet of sign display area or eight (8) feet in
height and twelve (12) feet in width, except as provided in subsection (c) (2)b below.
., the n4ax4munq he4ht 46igRS ShG# be.
G C - ong 4eFGinl PrgfgOCionel Office (C ). Cigh+ W fi et
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(3) Penggitted width 4 #ee stGndiny signs. A - - . - width 4 signs on Gny n
residential zoning rlirtr tr ohO a t (42) feet.
{4} Number of freestanding signs permitted:
a. DOn a- development parcels with street frontage UPOA a StFeet, be permitted
one (1) freestanding sign shall he perm tee for each one hundred (100) feet of
AGENDA ITEM # 7A
DECEMBER 12, 2011
linear street frontage, up to a maximum of three (3) freestanding signs. — Toe %44t -Gf
.- feF such multiple signs shall not exGeed eight (8) feet and sign display aFea Sh
not e..Gee.d ., .,et.,_ six (96) 0 e foot..,
b. Development parcels with street frontage upon more than one (1) street, shall be
permitted one (1) additional freestanding sign on each street side of the
development parcel.
c. Required distance from Property lines: No portion of any freestanding sign shall be
located closer to the property line than five (5) feet. Additional distance from
Property lines may be required if determined necessary by the Director of Public
Works, to maintain clear vehicular and pedestrian sight distance. Freestanding signs
shall not be located so as to interfere with clear vehicular or pedestrian sight
distance. Further, signs determined by the Director of Public Safety to interfere
with safe sight distance for pedestrians or vehicles shall be immediately removed.
{§} Within Commercial General (CG) and Commercial Limited (CL) Zoning Districts
only. Alternatively, on development parcels with street frontage of three hundred (300)
linear feet or more shall be permitted one (1) freestanding sign not to exceed ten (10)
feet in height and s one hundred twenty (120) feet in sign display area. The required
distance from any property lines for such freestanding sign shall be a minimum of ten
(10) feet. Additional distance from property lines may be required if determined
necessary by the Director of Public Safety, to maintain clear vehicular and pedestrian
sight distance.
a. On a development paFeel that haS 49ntage upon FAeFe than one (I) street, one (1)
eight (8) feet, and sign display aFea shall net exceed ninety six (96) squaFe feet.
located eleser te the pFepeFty line than five (5) feet, except as May be FeqUiFed PUFSUaAt
Pubblie INE)FI(s to inteFfeFe with safe sight distance fOF pedeStFiaAS OF Vehieles shall he
(d) Requirement for a unified sign plan. After the initial effective date of these regulations, all new
non - residential development, which shall contain space or units for more than one (1) business
or occupant, shall provide a unified sign plan with the application for building permits. All
subsequent applications for sign permits shall comply with the approved unified sign plan. The
unified sign plan shall comply with respect to the following:
(1) Manner and type of construction, including materials to be used, installation method
and mounting details.
(2) Means of illumination, if any, and hours of illumination.
(3) Size, color, lettering, and graphics style.
(e) Pre - development signs. Signs for the purpose of announcing a coming development project may
be placed within commercial and industrial zoning districts subject to the following provisions:
(1) Issuance of a sign permit shall be required, and no such sign shall remain on any
development parcel for a period of time exceeding one (1) year from the issuance date
of the sign permit.
(2) Complete and proper applications for building permits for the related development
project must be submitted within sixty (60) days of the placement of any such sign, or
AGENDA ITEM # 7A
DECEMBER 12, 2011
the sign shall be removed. In the case that the sign is not removed, the sign shall be
considered an abandoned sign, subject to the provisions of Section 17- 41(c).
(3) Such sign shall be removed within thirty (30) days of the issuance of any certificate of
occupancy, or at any time when construction ceases for a period of time longer than
thirty (30) days. In the case that the sign is not removed within these periods of time,
the sign shall be considered as abandoned, subject to the provisions of Section 17- 41(c).
(4) Only one (1) such sign shall be placed upon the development parcel and shall not exceed
the height or size permitted by preceding paragraph (a).
sale 9F ��e ef the pr 4mited to eight (8) feet in height Gn G imaggi.mbing of twenty
�&4 Requirement to display street number. All business and activities regulated by the
requirements of Section 17 -29 shall display the street number in a manner that is prominent
and clearly readable to vehicular and pedestrian traffic, as appropriate. Street numbers shall be
displayed on all freestanding signs and over front doors or primary entryways.
AGENDA ITEM # 7B
DECEMBER 12, 2011
Ordinance No. 5 -12 -54
AN ORDINANCE AMENDING CHAPTER 2 DIVISION 2 CODE ENFORCEMENT BOARD OF
THE CITY CODE PROVIDING FOR POWERS OF THE CODE ENFORCEMENT BOARD;
PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR HEARING
PROCEDURES; PROVIDING FOR ADMINISTRATIVE FINES LIENS AND MONEY
JUDGEMENTS; PROVIDING FOR A FEE STRUCTURE FOR RELEASE OF LIENS;
PROVING FOR PROCEDURES FOR CONTEST, APPEAL AND REHEARING; PROVIDING
NOTICE REQUIREMENTS
WHEREAS, the Local Government Code Enforcement Boards Act (Chapter 162, Florida
Statutes) provides cities with the authority to, by ordinance, adopt a code enforcement system
which gives code enforcement boards the authority to hold hearings and assess fines against
violators or City codes and ordinances;
WHEREAS, it is found that the Code Enforcement Board will promote, protect and
improve the health, safety, and welfare of all the citizens of the City, and that it is in the best
interest of the citizens of the City that the Code Enforcement Board be established to enforce
all codes and ordinances in the City of Atlantic Beach; and
WHEREAS, various procedural improvements have been suggested and recognized as
being necessary for the continued success of the City's code enforcement system and
beneficial to the citizens of Atlantic Beach.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Chapter 2 ADMINISTRATION Division 2. CODE ENFORCEMENT BOARD
of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as
follows:
CODE ENFORCEMENT BOARD
Sec. 2 -141. Created; membership; terms.
(a) There is hereby created a code enforcement board of the city, which shall consist of
seven (7) board members and one (1) alternate member, who shall serve on the board
in the absence of board members, to be appointed by the mayor and approved by the
city commission. All board members and the alternate member of the board shall be
residents of the city and shall serve without compensation. Board members may serve a
maximum of three (3) consecutive terms. Service as an alternate member, however,
shall not preclude service thereafter as a board member for a maximum of three (3)
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AGENDA ITEM # X
DECEMBER 12, 2011
ORDINANCE NO. 5 -12 -55
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES,
ADMINISTRATION, ARTICLE H, CITY COMMISSION, SEC. 2 -16, TIME
AND PLACE OF REGULAR MEETINGS, TO CHANGE THE TIME OF
REGULAR MEETINGS TO 7:00 P.M., AND PROVIDING AN EFFECTIVE
DATE.
BE IN ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION l: 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.
The regular meetings of the city commission shall be held on the second
and fourth Mondays of each month, except December, in City Hall, at 600 7:00
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.
Additional regular meetings shall be held on the night of every election."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of December, 2011.
PASSED by the City Commission on second and final reading this day of
January, 2012.
ATTEST:
DONNA L. BARTLE, CMC
City Clerk
LOUIS BORNO, JR.
Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
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AGENDA ITEM # 7C
DECEMBER 12, 2011
ORDINANCE NO. 5 -12 -55
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 CHANGE THE TIME OF
REGULAR MEETINGS TO 7:00 P.M., AND ELIMINATE REGULAR
MEETINGS ON THE NIGHT OF EVERY ELECTION, AND PROVIDING
AN EFFECTIVE DATE.
BE IN ENACTED 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.
The regular meetings of the city commission shall be held on the second
and fourth Mondays of each month, except December, in city hall, at 6:-98 7:00
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.
Additional tvgular- meetings shall be held an the night of every eleetion.."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of December, 2011.
PASSED by the City Commission on second and final reading this day of
January, 2012.
ATTEST:
DONNA L. BARTLE
City Clerk
LOUIS BORNO, JR.
Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
AGENDA ITEM # 8A
DECEMBER 12, 2011
Names for New Boardwalk at Tide Views Preserves
Name
Submitted By
Date /Received By
Robert C. Vogel (In memory of
former City Manager)
Beverly Hadden 249 -2387
10/20/11— Phone
Egret Cove Boardwalk
Anonymous
10/20/11— Letter
Sunset Pier
Genevieve Fletcher
804 East Coast Drive
10/23/11— e-mail
Sunset Walk
Pablo Path
West Point
Richard Rizzo 221 -1570
10/27/11 —e -mail
Walker's Walk
John & Georgia Goodling
10/30/11 —e -mail
Atlantic Beach Sunset Walk
June Williams 31412 St, AB
10/29/11— e-mail
Tide Views Boardwalk
Jeff Wight
11/8/11— e-mail
Crab Hatch Point
Nigel Bennie
11/12/11 —e -mail
Seminole Landing (In the spirit
of the area's history of Native
American settlement in Atlantic
Beach)
Brandy Beeler
11/17/11 —e -mail
Sunset Pier
Jonathan Daugherty
11/17/11 —e -mail
Lyman Fletcher Sunset Pier
John November
11/30/11— e-mail
AGENDA ITEM # 8B
DECEMBER 12, 2011
Report on Grant Application /Administration Costs
December 05�� 2
Prepared by David'Tf'io'mpson
Purpose: The purpose of this report is to discuss the administrative time and costs associated with grant
procurement and management. Recent questions by elected officials relative to these costs require
some background information and historical perspective. This also requires some discussion of the
different types of grants as well as the different rules for grant administration.
Types of Grants
Formula Grants: "Formula grants" are basically funding sources whereby the distribution of funding is
based on a pre -set formula for the allocation of money. For example, Community Development Block
Grants (CDBG) are allocated by the federal government to states, which allocate their share of funding
to the counties, which allocate funding to the municipalities. At each stage, the available funding is
based on a formula that includes population figures. CDBG funding specifically targets low income
populations. The various governmental entities are not in competition for the funding. The funding is
allocated based on a formula. The Interlocal Agreement between Jacksonville and Atlantic Beach
specifically states the formula that is used for the annual allocations.
Competitive Grants: "Competitive grants" are somewhat self - explanatory. When these funds become
available, various public and private entities compete for the funding. They must meet the essential
criteria required in the application process, and they must be able to compete with others who want the
same funding. The applicant with the "best" application and project will succeed, while others are not
funded.
Application Administration
For most formula grants which include CDBG and Justice Assistance Grants (JAG), the application
process is mostly a formality. The decisions relative to the allocation of funding are typically determined
by some group of officials, and then a staff person completes the paperwork or application online.
Depending on the complexity of the program, the application process may be completed in a few hours,
or it may take several days. For example, using JAG funding to purchase a camera should only take a
few hours of administrative time to complete the application. Another example would be a JAG
application for new software which will require an Automated Data Processing evaluation that may take
a several days to research and document. AJAG application for task force operations may require
additional commitments and signatures from other agencies, and commitments to a number of
administrative functions. Although all of these are JAG grant applications, they create very different
demands relative to time and costs.
For competitive grants, the application process is typically much more complex and labor intensive. The
fact that there is no guaranty of a grant award makes the entire process more risky, and the competitive
environment can limit the outside resources available for assistance. These applications sometimes
require weeks or even months of work to compile the required data and prepare the application for
submission.
AGENDA ITEM # 8B
DECEMBER 12, 2011
Once a grant announcement has been received, staff is required to review it in detail to determine what
it is intended to fund, and to determine what it is not intended to fund. Once staff has gained some
insight into the grant, staff must determine whether or not the City has any projects that legitimately
qualify for the grant program. If there is a good match with a needed project, then staff must connect
with department heads and /or other experts to plan out a course of action. The grant writer may be
required to develop a significant amount of expertise in the field before they can develop the
application.
Competitive grants often require meetings with key grant administrators at local, state, and /or federal
levels. For example, the Salt Air Sewer Rehabilitation grant required several meetings with
administrators and engineers in different cities before the application was accepted at the earliest
stages of the application process. Some grants benefit from the support of elected officials at various
levels, and others score higher when they involve coalitions and teamwork with other entities. When
competitors are able to reach win -win proposals, then it greatly increases the likelihood of approval.
When all of the information has been identified and secured, then the grant writer must compile the
data, maps, studies, etc. and complete the application form(s) as required. Many competitive grants
have specific scoring matrixes that are used to evaluate the many applications. The grant writer must
assure that the information is submitted such that it provides the highest point values for the review
process. Once the application and data is completed and organized, then it must be submitted to the
appropriate person by the application deadline date. In some cases, the grant writer or an informed city
staff member will be required to field questions and make a presentation to those who are evaluating
the application.
The amount of time necessary to submit a competitive grant application is difficult to predict. In some
past cases, well over 100 hours of staff time was required to compile the data and submit a successful
application. In other cases, longstanding coalitions and partnerships have greatly reduced the staff time
while insuring successful outcomes.
Grant Administration
Grant administration includes the acceptance of the grant award, and complying with the grant
requirements to assure that the purchasing is conducted in accordance with the grant requirements and
the City Code. It also includes the reporting, tracking, documentation, and submitting appropriate data
to facilitate reimbursements from the grant source. Failure to follow the guidelines can jeopardize the
grant funding.
As with the application process, the administration process can be very simple, or it can be very labor
intensive and time consuming. This may be a factor of the organization and other grant people who are
monitoring the grant administration, and /or it may be a factor of the type of grant program. For
example, a JAG grant for police equipment will typically be a simple process, but a JAG grant for a Drug
Task Force operation will require extensive documentation and data collection. An example of other
organizational demands would be the difficulty associated with the Donner Park Sewer Rehabilitation
project where there were more than 100 pages of purchasing guidelines being interpreted by people
from federal, state, and local levels who did not agree.
General Comments: Many grant programs allow for administrative costs to be funded from the grant
itself. Typically, administrative costs are capped at about 10% of the total grant funding. Sometimes
AGENDA ITEM # 8B
DECEMBER 12, 2011
this covers the costs, and other times it does not coverall of the costs. When Jacksonville was
designated to receive an allocation of energy grant funding, they immediately asked for administrative
costs, and they hired people to administer the grant. When the funding runs out, then the grant
administrators will no longer have jobs. Atlantic Beach has not typically requested administrative
expenses when applying for grants. The grants are not usually large enough to hire full time people, and
the accounting can be very cumbersome and time consuming.
Atlantic Beach has contracted out grant writing services in the past, but it was not very productive. An
outsider rarely knows the needs of the City, and City staff members may not even be aware of the grant
opportunities. It requires an intimate knowledge of the City and its operations and projects to match
grant opportunities to projects.
When it comes time to prepare an application, the Atlantic Beach staff members do most of the work
and the grant writerjust compiles, organizes, and submits the documents. When the grant writer
obtains a grant award, then the administration of the grant falls back to City staff members who may or
may not know how to administer the grant funding.
The value of having someone who knows the needs of the City, the City procurement processes, and the
people at local, state, and federal levels cannot be overstated. Many of Atlantic Beach's successes have
been the result of building positive relationships with others in the industry, combined with some
creativity and perseverance.
Summary:
In many cases, staff will be able to predict the time and resources necessary for submitting grant
applications, especially for repetitive, formula grants. In other cases, the application processes may
evolve into long term initiatives that requires hundreds of hours of work.
Relative to administration, the same conclusions hold true. Some small repetitive grants can be handled
with very little effort, while others take hundreds of hours to complete. Staff should be able to provide
accurate estimates for some projects, while other projects will take on a life of their own.
AGENDA ITEM # 8C
DECEMBER 12, 2011
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Automated Vehicle Locator System
DATE: November 16, 2011 ,,,,!!
SUBMITTED BY: David E. Thompson�Asst. City Manager
BACKGROUND:
Several years ago, the City initiated the lease of an Automatic Vehicle Locator (AVL)
system for approximately 25 vehicles in the City fleet. At the time, the selection of a
company to provide these services was accomplished with quotes from various vendors.
Over the past several years, additional City vehicles have been added to the AVL system
bringing the total to 73 vehicles. Due to the number of vehicles and the associated costs,
the continuation of this tracking system required staff to implement a competitive bid
process.
What is an AVL system? This is a system that tracks the locations and operations of City
vehicles by authorized City staff members. Not only are there live updates available, but
the previous tracking data remains available indefinitely, allowing staff members to trace
the routes of vehicles from previous days, months, and years.
AVL Devices are installed in City vehicles by the contracted mechanics at the Public
Works facility. Each device is associated with a specific vehicle. The device emits a
signal that is captured via satellite, and the signal shows where the device is located, the
speed that it is traveling, and other information. This information is displayed on a map
so that any authorized person can access the map on the Internet and see the location and
status of the vehicle. The data is stored on a server "in the cloud" where it can be
accessed, downloaded in spreadsheets, reviewed, and utilized for supervisors and
decision makers relative to the fleet.
AVL Systems have a number of benefits including, but not limited to:
To increase safety for police officers who may become incapacitated and unable
to provide their location
To monitor the hours, locations, and operations of vehicles on or off duty
To reduce speeding and idling times assuring compliance with the law and
eliminating wasteful practices
To enable a supervisor to be able to monitor employees' locations and work
AGENDA ITEM # 8C
DECEMBER 12, 2011
To enable a dispatcher or supervisor to identify the closest vehicle to a location
To enable staff to retrace the path of a vehicle to address citizen complaints or
concerns
To generate reports to compare individual and group driving patterns and
operations
To locate a vehicle in the event that it has been stolen
PURCHASING:
Staff compiled a list of specifications and advertised for competitive bids, due November
2, 2011. Six (6) companies submitted bids (see attached spreadsheet). The lowest bidder
was Safety Products, Inc. (SPI). References and compliance with the specifications were
confirmed.
Based on the low bid, the one time, initial cost for the hardware and installation for
seventy -three (73) vehicles will total: $14,527.00.
The monthly cost is $24.50 for monitoring each device, and this will total $16,097 over
the course of 9 months (starting January 1, 2012).
The total for the first year will total: $30,624.
The total over three (3) years will be $78,913.
If the City stayed with the present vendor, then the cost for the next year would be
$35,040, and the three (3) year costs would be $105,120.
The change to SPI will reduce the expenses by $26,207 over the next three (3) years.
BUDGET: Departments already included AVL tracking in their budgets for 2011 -12
totaling $35,040. Based on the SPI equipment purchase and monthly costs, the increased
costs for 2011 -12 will be $4,344 more than the present budget. This increase can be
absorbed in the Police Department budget for 2011 -12. In future years, the costs will be
reduced to $21,462 per year.
RECOMMENDATIONS:
ATTACHMENTS: Bid 1112 -01 Automated Vehicle Locator System Spreadsheet
REVIEWED BY CITY MA IIIAf,-,E R:
AGENDA ITEM NUMBER:
AGENDA ITEM # 8C
DECEMBER 12, 201 l
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AGENDA ITEM # 8D
DECEMBER 12, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Estimated Cost to Install Stamped Asphalt Crosswalk at the Orchid Street
Bike Path Crossing
SUBMITTED BY: Rick Carper, P.E., Director of Public Works
DATE: December 5, 2011
BACKGROUND: At the November 14 Commission meeting, the Commission requested
Staff research and get bids for a stamped asphalt crosswalk rather than
stamped concrete for the bike path crossing at Orchid Street. This
additional research and changed material resulted from Commission
concern about the cost of stamped concrete (est. $4600) and a desire to
have the new Commission evaluate the proposed crosswalk, since it was
not a budgeted item.
Staff received quotes from two contractors. Design Paving USA, from Bell,
Fl., provided a quote of - $2,640 for patterned textured asphalt (Friction
Pave - FDOT approved product used for the crosswalks on 3` Street and
Atlantic Blvd as part of the FDOT SR Al Resurfacing Project last year).
Staff met on site with Duval Asphalt, who provided a verbal quote of
$14 /SF ($3360) for the Friction Pave equivalent. However, Duval Asphalt
also recommended that the crosswalk area be milled and repaved before
applying the crosswalk material, which would cost an additional $3,000 to
$4,000.
When questioned about pavement condition affecting the installation, the
Design Paving representative said they have applied the Friction Pave
material to asphalt in much worse condition with satisfactory results.
Installation of the proposed crossing would be done in one day, with the
street closed during the installation. The quoted price from Design Paving
assumes the City will provide maintenance of traffic signage and traffic
control during the installation.
RECOMMENDATION: For Commission information and discussion. Direction to Staff is
required for further efforts.
ATTACHMENTS: 1) Picture of Orchid Street Crossing with Thermoplastic Stripes
BUDGET: This crosswalk is not funded in the current budget. There are no 'extra'
funds in the Streets account to redirect for this purpose, so that
direction to install using current funds may result in the need for a
Budget Modification later in the year in order to complete budgeted
tasks.
REVIEWED BY CITY
s
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AGENDA ITEM # 8E
DECEMBER 12, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
COMMISSIONER REPORT
AGENDA ITEM: Redevelopment & Zoning Coordinator
SUBMITTED BY: Commissioner Carolyn Woods
DATE: December 5, 2011
BACKGROUND: As the past and current commission has expressed interest in
improving our economic development and business districts within
the city, the decision was made to seek a Redevelopment & Zoning
Coordinator. However, because the commission has not held the
Town Hall meetings with citizens to garner citizen input, nor acted
on this input during the strategic planning process to develop goals
and objectives for this position it is unclear what skill set this
person should really possess.
In addition, the city currently has staff with the skills and education
required for this position as advertised. The city will also be
undergoing an organizational review that will help to better
allocate staff and their particular skills to the requirements of the
city.
For these reasons and because of the financial impact of hiring
another employee at this time on our already strained budget and
underfunded pension system it would be in the best interest of the
city to postpone hiring a Redevelopment & Zoning Coordinator at
this time.
BUDGET: Save an estimated amount between $23,847 - $31,803. No budget
modification required at this time.
RECOMMENDATION: To set a timeframe for hiring the Redevelopment & Zoning
Coordinator to be after Strategic Planning.
AGENDA ITEM # 8E
DECEMBER 12, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Report on Redevelopment and Zoning Coordinator Position
SUBMITTED BY: Jim Hanson, City Manager
DATE: November 15, 2011
BACKGROUND: This staff report is in response to a request made at the commission
meeting on November 10' for discussion of the newly restructured
position for a Redevelopment and Zoning Coordinator. Announcements
for this opening were sent out prior to November 10', and applications are
being received. It is scheduled to close for receipt of new applications on
December 9 This is pursuant to the unanimous approval given by the
City Commission on October 10, 2011 of a staff report describing various
restructured positions.
This restructured position for a Redevelopment and Zoning Coordinator
results from two vacant positions being combined to save money and
allocate resources to the strategic priorities that have been set by the City
Commission. The Mayport Corridor Project was established by the
Commission three years ago as the City's most important strategic goal.
To accomplish the objectives, new positions were created for a
Community Redevelopment Coordinator and two COPS officers.
The Commission has confirmed that the Mayport Corridor remains as a
strategic goal in each strategic planning workshop since that time, most
recently in February of this year. This was discussed extensively in the
budget workshops held in August when it was very clear that the
Commission wanted to continue providing staff support to these programs
even when several positions had to be eliminated to balance the budget.
The position for the Community Redevelopment Coordinator was reduced
from a full -time to a half -time basis and the number of COPS officers
decreased from two to one.
The person serving as the Community Redevelopment Coordinator (Dale
Hatfield) chose not to serve in a split position and was returned to full -
time status in the Police Department as a Sergeant. This left a vacant half-
time position in the City Manager's Office for the Community
Redevelopment Coordinator.
The job of Planning and Zoning Director has remained vacant for several
months since the retirement of Sonya Doerr. This vacancy has been held
open rather than filled because the economy has been slow and there has
AGENDA ITEM # 8E
DECEMBER 12, 201 I
been less zoning and development work needed at City Hall compared to
normal times and secondly, because other staff were able to temporarily
pick up the responsibilities related to the Community Development Block
Grant Program that had been assigned to the Planning and Zoning
Director.
Combining the jobs of the Planning and Zoning Director and the
Community Redevelopment Coordinator allows the City to assign the staff
necessary to address needs for both zoning and economic redevelopment
with the limited resources that are available in the current budget. It also
allows for a refocusing of the Mayport Corridor responsibilities to evolve
from of a police /crime prevention effort to having a greater emphasis on
economic redevelopment and partnership with businesses and outside
agencies.
The proposed combination and restructuring of jobs, along with the
transfer of the vacant one -half position to the Police Department, allows
for the continued funding of a second COPs officer which was also
discussed by the City Commission in the budget workshops. Again, the
proposals for these two steps were described in a staff report presented at
the City Commission meeting on October 10"' and were unanimously
approved by the City Commission.
BUDGET: Funds for filling the Redevelopment and Zoning Coordinator position are
included in the FY 2011 -2012 budget and no changes are needed.
RECOMMENDATION: No action is necessary. This staff report is prepared to give the City
Commission the status and background on the filling of this position.
ATTACHMENTS: 1) Staff Report dated October 3, 2011 on restructuring positions
2) Vacancy Announcement for Redevelopment and Zoning Coordinator
AGENDA ITEM # 8E
DECEMBER 12, 2011
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Restructuring Positions
DATE: October 3, 2011
SUBMITTED BY: Jim Hanson, City Manager
David E. Thompson, Asst. City Manager
Michael Classey, Chief of Police
BACKGROUND:
In the 2011 City budget, the Community Redevelopment Coordinator position was reduced to %2 .
of a position where the individual would perform both Police Detective and Community
Redevelopment duties. The half time Redevelopment Coordinator position was funded in the City
Manager budget, and the half time Detective position was offset in the Police Department budget
by grant funds in the amount of $23,574.
Since that time, the person filling the Community Development Coordinator position declined the
opportunity to fill that position. This provides the City will new opportunities as the City
continues to address commercial economic redevelopment while maintaining the police presence
on Mayport Road/Atlantic Boulevard.
1. Community Redevelopment Coordinator As discussed during 2011 strategic planning,
staff recommends making a transition in focus on the Corridor toward Economic Redevelopment.
The City of Atlantic Beach Community Development Director position is currently unfilled. The
duties of this position have been largely absorbed by the Senior Planner, Building Official, and
Assistant City Manager. The fact that this position is funded and remains vacant provides the
City with the opportunity to seek and recruit a planner who has specific education and experience
in Community Redevelopment. In the present economy, the City should be able to recruit a
planner with a graduate degree, supplemented by specific education and experience in Economic
Redevelopment.
Although the current, unfilled position is a supervisory position over the Senior Planner, staff
recommends that the job description be changed to place the newly hired person at the same level
of authority as the senior planner. The new jab description will include economic redevelopment
responsibilities in addition to more traditional planning functions. Staff also recommends that
both planning positions be placed under the Building Official's authority in the organizational
structure.
2. Police (COPS) The Police Department has been awarded approximately $105,000 Justice
Assistance Grants (JAG) for 2011 -12. These grants are very restrictive, but it is a feasible option
to continue funding a currently grant funded position with JAG funding. Two (2) Community
Oriented Policing Strategy (COPS) officers were funded by grants last year, and only one (1)
COPS officer was approved in the current budget. The residual $23,574 in JAG funding can be
used to pay for a second COPs Officer in the present budget, devoting at least 60% of his /her time
to the Mayport Corridor.
AGENDA ITEM # 8E
DECEMBER 12, 2011
3. COPS Funding An application was submitted for additional COPS funding in 2011 -12, but
it was not funded in the present round of COPS grants. Atlantic Beach remains in a similar
position with the Jacksonville Sheriff's Office who submitted an application for more than $3
million dollars, which was not funded.
The fact that the application was not denied and remains in a pending status is significant for
future funding consideration. The most recent jobs bill under consideration includes $5 billion
for first responders, including police officers. There have been times in the past when funding
became available, and the "pending" list of COPS applications was utilized as the applicant pool
for funding. In other words, the unfunded COPS applications may be funded in the future.
BUDGET: The recommendations in the staff report redistribute existing funding in the budget,
and they will not increase the total expenses in the budget.
RECOMIUENDATIONS:
1. To authorize staff to restructure positions to replace the Community Development Director
position, to reflect the changes noted above, and to authorize staff to recruit and hire a qualified
person for the new position.
2. To authorize the modification of the 2011 -12 budget shifting fielding from the City Manager's
budget for the Community Redevelopment Coordinator position to the Police Department where
it will be used with the remaining JAG funding to pay for a 2n COPS position on a part time
basis.
ATTACIEWENTS: None
REVIE WED BY CITY MANAGER:
� 5101alwy r
AGENDA ITEM # 8E
r DECEMBER 12, 2011
e tollowing position is available with the City of Atlantic Beach.
Applications must be received by December 2, 2011
POSITION: Redevelopment & Zoning Coordinator
Starting Pay: $47,694 to $63,606 D.O.Q. + benefits
DEPARTMENT: Building
OPENING DATE: 11/12/11 CLOSING DATE: 12/09/11
12 -03
r j
QUALIFICATIONS
Must be a non -user of tobacco or tobacco products for at least one year immediately preceding application and abstain
from the use of tobacco or tobacco products during employment with the City.
Education and Experience:
Bachelor's degree in Business Administration, Public Administration, Urban Planning, or a related field is required.
Two to three years economic development experience in municipal management involving coordination, administering
and implementing development proposals preferred. Master's Degree or graduate level coursework desirable.
Experience and knowledge of Microsoft office and other standard software applications required. Knowledge of
ARCView GIS desirable.
Licenses and /or Certificates:
Valid driver's license with a satisfactory motor driving record.
DUTIES
Develops policies and programs to promote economic development in the City that results in job creation, capital
investments, and expanded tax bases. Manages maintenance of critical information desired by development prospects
such as economic data, land /structure availability, demographic and psychographic data, and general market
information in a readily accessible manner. Represent the City in partner organizations such as Jacksonville (Duval
County) and the other Beaches Cities as well as state and federal agencies. Provide recommendations on Zoning
Ordinance /Comprehensive Plan update. Assist with the activities involved in administering existing City codes through
building permits, variances and exceptions. Provide staff support, reports and support to the City Commission and
Community Development Board. Explain and interpret zoning codes and regulations to builders, developers, and the
general public. Serves as liaison between civic groups, private and public agencies in solving Community
Development issues. Conducts examination of building plans, specifications, blueprints, surveys and sketches for
compliance with codes and regulations governing land use and zoning. Prepares and submits applications for
Community Development Block Grant Funds and manages programs. Prepares and disseminates a wide variety of
information materials (collateral) representing City businesses and services through the use of brochures, newsletters,
flyers, articles, commercials, radio, print advertising, special presentations, signage and related materials. Performs
other related duties as assigned.
KNOWLEDGE SHILLS AND ABILITIES
Comprehensive knowledge of business development, factors affecting business and community vitality, tools for
enhancing economic opportunity, and the relationship between community and economic development. Ability to
communicate effectively with groups and individuals, organizations, elected bodies, business prospects, and
development and finance professionals regarding issues and opportunities related to economic development.
Knowledge of the principles, techniques and objectives of Community Development Block Grant programs; urban
planning; Florida laws; zoning codes; licensing activities; comprehensive land use planning and development
regulations. Ability to read and interpret construction plans, plot plan specifications, surveys and sketches, blueprints,
and make recommendations accordingly. Ability to establish and maintain effective working relationships with private
and public agencies, organizations and individuals.
Submit application to: City of Atlantic Beach, Human Resources
800 Seminole Road, Atlantic Beach, FL 32233
Phone (904) 247 -5820 Web address: www.coab.us
No smokers /tobacco users. Drug testing conducted. EOE.
AGENDA ITEM # 8F
DECEMBER 12, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
COMMISSIONER REPORT
AGENDA ITEM: City Government Organizational Review
SUBMITTED BY: Commissioner Carolyn Woods
DATE: December 5, 2011
BACKGROUND: With the current economic reality and the many changes that have
been made over the past years, it is time to review the organization
of the City Government. The annual Pension Actuarial Reports
indicate that over the past 10 years the number of City employees
have increased by 13 general employees and by 0 police officers.
During this same period, many improvements and changes have
been made to the City that may require fewer employees to
maintain. Additionally the City population has been reduced from
13,368 to 12,670.
Based upon these factors, it is in the best interest of the City to
have an "outsider" perform a complete review of the entire
organizational structure of the City government to determine and
advise the commission on what changes, could/should be made to
increase the overall effectiveness or efficiency. This should be by
an independent professional consultant.
As our City Charter authorizes the Commission to create, change
or abolish offices, departments, authorities or agencies it is within
our purview and our duty to periodically provide organizational
oversight. In order for the review to be of the highest and best use
it should be finished before the Strategic Planning process starts in
early spring.
BUDGET: One source of funding for the Organizational Review could be the
savings from current vacant positions within the City. Cost could
vary from $20,000 - $50,000. Savings could far exceed the cost
and would be exponential over time. There would be no cost at this
time.
RECOMMENDATION: Direct staff to research and invite qualified firms, who can perform
a comprehensive review of the city's organization and operations,
to make presentations for the commission's consideration.
AGENDA ITEM # 81
DECEMBER 12, 2011
ALAN C. JENSEN
Attorney at Law
935 North Third Street
Jacksonville Beach, Florida 32250
Mailing Address:
Post Office Box 50457
Jacksonville Beach, FL 32240 -0457
MEMORANDUM
TO: Commissioner Mark E. Beckenbach
City of Atlantic Beach
FROM: Alan C. Jensen, Esq., City Attorney
RE: Creating Committees and Appointing
DATE: December 2, 2011
Telephone: (904) 246 -2500
Facsimile: (904) 246 -9960 (call first)
E -Mail: Alan(a)AJensenLaw.com
VIA HAND DELIVERY
rs of Committees
You have requested my opinion regarding the authority to appoint committees and the authority
to appoint the members of such committees. Appointing committees is addressed in Sec. 8 of the
Charter and in Sec. 2 -19(8) of the Code. You have also inquired whether a conflict exists
between the provisions in Sec. 8 of the Charter regarding the appointment of committees and the
language in Sec. 9 of the Charter that "...all powers of the city and the determination of all
matters of policy shall be vested in the city commission."
It is my opinion that the mayor may appoint committees as in his discretion he deems desirable,
and the mayor may appoint committees as may be desired by the City Commission. It is also illy
opinion that, according to the language in the Charter, the mayor appoints the committee
members of all committees.
Sec. 8 of the Charter provides in part as follows:
''The mayor- connaaissioner ,shall hcwe no regular admanistratNe duties except as
authorized in this Charter but may appoint, from tiine to time, such special or
select committees as in his discretion he deems desirable or cis may be desired by
the city commission, to expedite the handling of the business and affairs of the
city. "
The language in Sec. 8 gives authority to the mayor to appoint committees as he desires or as
may be desired by the City Commission. Therefore, if" the mayor desires to appoint a committee.
its members shall be appointed by the mayor. If the City Commission desires by a majority vote
that a committee be appointed, then the committee members shall also be appointed by the
mayor.
Commissioner Mark E. Beckenbach
December 2, 2011
Page 2
Sec. 9 of the Charter provides in part as follows:
AGENDA ITEM # 8I
DECEMBER 12, 2011
" Except as may be otherwise provided in this Charter all powers of the city cmd
the deter»ztnataon of all matters of policy shall be vested in the city commission. "
It is my opinion that this provision in Sec. 9 does not conflict with the provisions contained in
Sec. 8 of the Charter regarding the appointment of committees. Since Sec. 9 provides that
"...except as may be otherwise provided in this Charter... ", this exception would apply to Sec. 8
authorizing the mayor to appoint committees. The Charter of Atlantic Beach is basically its
organizational plan or framework, is somewhat analogous to a constitution, it was written by
citizens of Atlantic Beach and adopted by a popular vote of the citizens. It is in essence a home
rule charter adopted in accordance with the laws of the State of Florida.
In conclusion, Sec. 8 of the Charter grants to the mayor the administrative duty to appoint
committees either desired by him or desired by the City Commission, which would include
appointment of the committee members. Furthermore, although Sec. 9 of the Charter states that
"...all powers of the city and the determination of all matters of policy shall be vested in the City
Commission... ", since it is provided otherwise in the Charter, specifically Sec. 8, for the mayor
to appoint committees, I see no conflict between Sec. 8 and Sec. 9 of the Charter.
I hope the above opinion accurately responds to the questions - you have raised. I will be more
than happy to discuss the above opinion fiu•ther with you or any other members of the City
Commission.
Cc: Mayor and Commissioners
City Manager
City Clerk
sky
i�;�
'.i��,.
AGENDA ITEM # 8J
DECEMBER 12, 2011
James R. Hanson, City Manager
December 2, 2011
Page 2
Therefore, the rules as set forth in "Robert's Rules of Order" shall be the rules of the City
Commission insofar as they are applicable and not in conflict with the provisions of the Charter
or the Code of Ordinances.
I have attached pages 134 through 139 of "Robert's Rules of Order ", which discusses
"reconsider" and its purposes, when members cannot reconsider a motion, and other matters.
These pages also address rescinding and amending items previously adopted and the procedures
in connection therewith. I believe these rules would apply to the City Commission since nothing
else is specifically set forth in the Charter or the Code.
Hopefully, this Memorandum and the attachments hereto clarify the previous discussions
regarding reconsideration of past actions.
I will be more than happy to discuss the above opinion further with you or any members of the
City Commission.
Cc: Mayor and Commissioners
City Clerk
slcy
AGENDA ITEM # 8J
DECEMBER 12, 2011
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AGENDA ITEM # 9A
DECEMBER 12, 2011
12, 2011
MEMORANDUM
TO: The Honorable Mayor
and Members of the Commission
PROM: lanso
City Manager
SUBJECT: City Manag is Report
Receipt of Notice to Sue; The City has received notice from the representative for Dean Anderson of
their intent to file a suit resulting from an injury sustained at the City's Dog Park when Mr. Anderson
waded into the retention pond barefoot and cut his foot on the side of a drainage structure. A copy of the
notice dated November 29, 2011 is attached for your information.
There is no need for the Commission to take action on this item. The City has insurance for this type of
litigation and this notice has been turned over to our insurance carrier for handling.
Alcohol Deployment The Police Department conducted the most recent alcohol deployment on
Thursday, December 1 Twenty -four locations were checked including the last four that had violations.
The underage informant was not able to purchase alcohol at any of the 24 locations checked.
NICOLE FEINBERG
CHRISTOPHER W. HEWETT
J. SCOTT NOONEY
KRISTOPHER NOWICKI
MICHAEL K. ROBERTS
CATHERYN A. SANDLER
The Law Office of
NOONEY & ROBERTS
November 29, 2011
Florida Department of Financial Services
Division of Risk Management
200 East Gaines Street
Tallahassee, Florida 32399 -0336
City of Atlantic Beach
Office of General Counsel
800 Seminole Road
Atlantic Beach, FL 32233
Re: Notice of Claim
AGENDA ITEM # 9A
DECEMBER 12, 2011
1680 Emerson Street
Jacksonville, FL 32207
904-398 telephone
904-858 facsimile
CERTIFIED MAIL -
7011- 1570 -0001- 2386 -7562
CERTiF IED MAIL - REtR
7011 -1570 -0001- 2386 -7579
Our Client: Dean Anderson
Date of Accident: September 5, 2011
Place of Accident: Atlantic Beach Dog Park, Aquatic Drive, Atlantic Beach, Duval
County, Florida
Dear Sir /Madam:
Pursuant to Title 45, Chapter 768, Section 28, please consider this letter as formal notice that
the above referenced client intends to pursue a claim for personal injuries suffered as a result of the
negligence of state agents acting within the scope of employment as state agents.
Pursuant to Fla. Stat. § 768.28(6)(c), the claimant's date of birth is 9 the
claimant's place of birth is Miami, Florida, and the claimant's social security number. is .
Except as listed below, after a reasonable inquiry,. claimant is not aware' of any unpaid
adjudicated penalties, .fines, fees, victim restitution fund debts, or other judgments in excess of
$200.00, which are owed by the claimant to the state, its agency, officer or subdivision. Claimant
is aware of no unpaid adjudicated judgments owed by the claimant to the state.
On September 5, 2011, the claimant was playing with his dog at the dog park when he
stepped on the edge of what looked like a shallow puddle on the premises, but ended up falling into
a deep hole.
AGENDA ITEM # 9A
DECEMBER 12, 2011
Please direct all further correspondence concerning this claim to my office. If this notice is
in any way inadequate or defective, please advise me immediately. I appreciate your assistance in
this matter.
SPOILATION
This letter will also serve as our formal request that you preserve any and all documentation
and physical evidence related to the above referenced incident. Please forward copies of all relevant
evidence, including any documents, accident or incident reports, photographs of the scene of the
incident, and video footage of the incident. If there is a copying charge associated with production
of these items, please forward an invoice our office at your earliest convenience.
Sincerely..
CHRISTOPHER W. HEWETT, ESQ
CWH:rac
Notice of Claim, Page 2 of 2