9-14-15 Agenda PacketCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
September 14, 2015-6:30PM
AGENDA
Call to order
Invocation and pledge to the flag
1. A.
B.
c.
Approve the minutes ofthe Commission Meeting of August 24, 2015.
Approve the minutes of the Commission Budget Meeting of August 12, 2015.
Approve the minutes of the Commission Budget Meeting of August 17, 2015.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. Public Hearing -Use-by-exception to permit on premises consumption of alcoholic
beverages within the Commercial General (CG) Zoning District at 28 Sherry Drive (15-
UBEX 1042).
B. Public Hearing-Request for a Height Waiver at 1089 Atlantic Boulevard.
C. Short Sale and Purchase Agreement for 280 Camelia Street, Bennett Property.
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 Public Works Status Report as of August 28, 2015.
B. Approve the contracts with the organizations providing recreation programs at City
facilities and authorize the City Manager to sign the contracts with ABET, ABAA, and
tennis professional Brecht Catalan.
C. Extend the street sweeping contract to USA Services Florida, Inc. for one year at the
current prices, te1m being November 1, 2015 thru October 31, 2016 (Bid No. 1213-01).
D. Extend the annual contract for janitorial services for City facilities to Supreme Janitorial
Service for one year at the cmrent prices (Bid No. 1213-06).
E. Extend the annual contract for landscape maintenance of Atlantic Blvd. Medians, Town
Center, Maypmi Rd. Flyover Areas, Mayport Road Medians, City Parks and Common
Areas to R&D Landscape & Irrigation, Inc. for one year at the current prices (Bid No.
1011-24).
F. Approve the Fifth revised Interlocal Agreement among the City of Jacksonville,
City of Atlantic Beach, City of Jacksonville Beach, City of Neptune Beach and the
Commander, U.S. Naval Station Maypmi, U.S. Navy for Conduct of the Sea and
Sky Spectacular and authorize the City Manager to sign the agreement.
1
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
A. Public Hearings and First Reading on Adoption of a Tentative Millage Rate and
Ordinance No. 20-15-132 establishing the Operating Budget for fiscal year 2015/2016.
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING
SEPTEMBER 30,2016.
8. Miscellaneous Business (Discussion only)
A. Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a
Circular Driveway at 2349 W. Ocean Forest Drive.
B. Renewal of Liability and Workers' Compensation Insurance.
C. LIUNA Local630 "Blue Collar" Union Contract extension.
D. Coastal Florida PBA Negotiations 2015-2018 Contract.
E. Ordinance Banning the Retail Sale of Dogs and Cats. (Commissioner Mark)
F. Proposed Resolution on Banning Fracking Statewide. (Commissioner Mark)
9. City Manager
A. 90-Day Calendar (October through December 2015).
10. Reports and/or requests from City Commissioners and City Attorney
Adjourn
Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the
Commission Meeting Video tab located on the home page of the City's website at www.coab.us.
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any
meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of
the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk
prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City
Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing
special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, September 11, 2015.
2
WELCOME
To the Atlantic Beach City Commission Meeting
We will conduct meetings of the City Commission with a level of civility and respect that
the democratic process deserves. This allows for better public input and supports
making the best decisions for the citizens who we are here to serve.
We ask that everyone in the meeting practice the following principles of Respect for
each other.
RESPECT
Refrain from putdowns, criticism and personal attacks
Encourage others to state their views
Support each other, even if you don't agree
Practice active listening
Express yourself assertively, not aggressively, not submissively
Collaborate, do not compete or collude
Trust each other, unless and until such trust is violated
The New Managers Toolkit: 21 Things You Need to Know
IN ATTENDANCE:
MINUTES
REGULAR CITY COMMISSION MEETING
August 24, 2015
CITY HALL, 800 SEMINOLE ROAD
AGENDA ITEM #1A
SEPTEMBER 14, 2015
Mayor Carolyn Woods
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
City Manager Nelson VanLiere
ABSENT:
Commissioner Mark Beckenbach
Call to Order/Pledge:
City Attorney Richard Komando
City Clerk Donna L. Bartle
Recording Secretary Nancy E. Bailey
Mayor Woods called the meeting to order at 6:31 p.m. Mayor Woods gave the Invocation, followed by the
Pledge of Allegiance to the Flag.
1. Approval of Minutes
A. Approve the minutes ofthe Commission Meeting of August 10,2015.
Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor
Woods stated the minutes will stand as submitted.
2. Courtesy of Floor to Visitors
Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the
process for public comments.
John November, 271 East Coast Drive, spoke in favor of the Bennett property project at 280 Camelia,
stating this is the perfect opportunity to boost property values around that park and make that park something
that is really attractive for City visitors and residents.
John Stinson, 150 12th Street, stated he was at the budget meeting where the projection of annual required
contribution and actuarial accrued liability was presented, and he would like to see what this spreadsheet
looks like ifthey use a 4 ~-5% return on the investment instead of7%.
Chris Jorgensen, 92 W. 3rd St., addressed the danger at the five-way stop, the traffic on Seminole and
Sherry, and the sidewalk on Club Drive.
No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors.
3. Unfinished Business from Previous Meetings
A. Public Hearing-Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a
Circular Driveway at 800 Sherry.
Director of Public Works Doug Layton explained the waiver request.
Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing.
August 24, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
SEPTEMBER 14, 2015
Page2
Motion: Approve requested waiver to City Code Section 19 as requested in the waiver application for
800 Sherry.
Moved by Mark, Seconded by Daugherty
Commissioner Hill asked what the tree mitigation was for the tree that was declared diseased. Mr. Hubsch
stated the normal mitigation is 2-1 and if they wanted to make it a condition for approval, they could say that
they would have to replace the tree at a 2-1 ratio. He stated, however, he was not aware of the tree issue.
Discussion ensued. Terry Brown, the owner, stated the plan for the driveway doesn't require them to take out
the tree. Commissioner Hill stated if that is the case, his comments are not relevant; he just didn't want to
give a waiver for something that cost a tree.
Votes:
Aye: 4-Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
B. Public Hearing -Use-by-exception 15-UBEX-1043 to permit a veterinary clinic within the
Commercial General (CG) Zoning District at 725 Atlantic Boulevard, Unit 1.
Mr. Hubsch summarized the use-by-exception stating the Community Development Board (CDB)
recommended approval 5-0 with the conditions attached and staff recommends those conditions as well.
Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing.
Motion: Approve the use-by-exception 15-UBEX-1043 with conditions that: 1.) The applicant ensure
sanitary conditions outside their unit by installing and maintaining pet waste stations in adjacent
landscape areas and installing an exterior hose to clean hard surfaces; and 2.) The applicant installs
sound proofing in walls adjoining neighboring units.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 4-Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE
FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS.
IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION
AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY
COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Building Department Monthly Activity Report and Monthly
Financial Report for July 2015.
August 24, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
SEPTEMBER 14, 2015
Page3
B. Extend the contract for one year at the current prices, term being August 27, 2015 to August
26, 2016, to Moline Electric Motor & Machine, Inc. for City Bid No. 1112-08 Repair of
Electrical Motors & Pumps.
C. Approve the 4th Amendment to the PCS agreement and authorize the City Manager to execute
the amendment.
Mayor Woods read the Consent Agenda.
Motion: Approve Consent Agenda Items A, B and C as read.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 4-Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
A. RESOLUTION NO. 15-09
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE
MAYOR TO EXECUTE AN AMENDED INTERLOCAL COOPERATION AGREEMENT WITH
THE CITY OF JACKSONVILLE RELATING TO COMMUNITY DEVELOPMENT BLOCK
GRANTS (CDBG) AND THE HOME INVESTMENT PARTNERSHIP (HOME), CLARIFYING
RESTRICTIONS FOR THE TRANSFER OF CDBG AND HOME FUNDS; PROVIDING AN
EFFECTIVE DATE.
Mayor Woods read the Resolution by title.
Motion: Approve Resolution No. 15-09.
Moved by Mark, Seconded by Daugherty
City Attorney Komando explained this Resolution is to update the agreement we have with Jacksonville
based on the new requirements that have come down from Federal HUD, so it just brings their contracts into
compliance if they were all being reviewed.
Votes:
Aye: 4-Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
7. Action on Ordinances
None.
8. Miscellaneous Business (Discussion only)
August 24, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
SEPTEMBER 14, 2015
Page 4
A. Use-by-exception to permit on-premises consumption of alcoholic beverages within the
Commercial General (CG) Zoning District at 28 Sherry Drive (15-UBEX 1042).
Building and Zoning Director Jeremy Hubsch summarized the use-by-exception request. He showed slides
of the site plan and renderings of the hotel and the zoning district map. He stated the CDB recommended
approval with a vote of 5-0 with conditions, which he explained. Discussion ensued regarding the maximum
of 35 people in the lounge. Mr. Hubsch answered questions from the Commission. Greg Schwartzenberger,
428 Laura St., Neptune Beach, the owner of the hotel, stated the intended goal of the lounge and selling beer
and wine to their guests is to provide an additional amenity for their guests; they don't want the lounge to be
opened to the public. He answered questions from the Commission. Discussion ensued.
It was the consensus of the Commission to move this forward to the next agenda for action.
B. Request for a Height Waiver at 1089 Atlantic Boulevard.
Mr. Hubsch summarized the request for the height waiver for two elevator shafts showing slides of an aerial
view, street view, sight line, location of the shafts, etc.
Representing the property owner, Randall Whitfield and Shalene Estes of Ashland Investments, 7880 Gate
Parkway, Jacksonville, also gave a presentation with slides further explaining the request for the height
waiver. Mr. Whitfield and Mr. Hubsch answered questions from the Commission. Commissioner Daugherty
disclosed that he used to work with Mr. Ashourian's brother, Ed Ashourian. Commissioner Hill also
disclosed he has a storage unit with them on the north side of Jacksonville. Discussion ensued.
It was the consensus of the Commission to move this forward to the next agenda for action.
C. Discussion on purchase of Bennett Property at 280 Camelia Street.
City Manager Nelson VanLiere stated Mr. November and Commissioner Daugherty have contacted the City
about a short sale/purchase contract arrangement with Mr. Bennett and the question is whether the
Commission wants to move forward to try to acquire this property or not. Mayor Woods stated the question
would be whether they would put it on the agenda for the next meeting to authorize the City Manager and
City Attorney to begin negotiations to purchase the property. Commissioner Hill asked if the immediate
neighbors who will be affected have been asked if they have any problems. Mr. November, representing the
seller, stated he has had multiple discussions with the neighbors explaining safety was their concern.
Commissioner Daugherty stated Mr. Bennett is agreeable to a short sale which allows the City to get the
entire parcel at a lower price. Discussion ensued. Mayor Woods recapped that they will get an official City
notification sent to people who will be affected within 300 ft of the property; Mr. November will circulate a
petition for the park to be developed from these same neighbors; and the Commission will give the okay for
the City Manager and City Attorney to negotiate. Mr. Komando stated they should start by getting their own
appraisal and it should express what the property is worth with house removed. Further discussion ensued.
It was the consensus of the Commission to move this forward to the next agenda for review of a contract for
action. Mr. Van Liere asked, as far a funding goes, would the condition be subject to funding. Mr. Komando
stated there will have to be some conditions included in the contract, but believes they can work those out and
that should be one of the conditions. He stated the contract would have to be contingent on Commission
approval.
August 24, 2015 REGULAR COMMISSION MEETING
9. City Manager
A. City Manager's Report.
• 90-Day Calendar (August through October 2015)
AGENDA ITEM #lA
SEPTEMBER 14, 2015
PageS
City Manager VanLiere reported Michael O'Shields has left Morgan Stanley, who is the money manager for
the Police and General Employees Pension Plans. He also reported the Blue Collar Union has given the City
notice that they will renew the contract with the raises that are in the budget. He stated they are still working
on the Police Union contract. There was legislation passed that will require us to negotiate one item having
to do with the 185 money for the Police. Mayor Woods reminded everyone that a few years ago they did
make major changes to the pension plan, closing the employee plan to non-vested and new hires and they
renegotiated and restructured the benefit package reducing those benefits. She stated the City's promise to
the employees going forward was that they would now be able to give raises, which they had not been able to
do for a number of years, so she is happy to see us being able to fulfill that obligation and intention.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Daugherty
• Stated he will not be here for the October 12 meeting; he is getting married the day before.
Commissioner Mark
• Reported on the Florida League of Cities Annual Conference she attended and the Growth
Management and Economic Affairs Committee she sat on. She stated everything is on their website.
• Stated they may need to change the October 3 Town Hall meeting because she has another
commitment for that day.
Commissioner Hill
• Stated tomorrow is Election Day and it is your duty to vote tomorrow.
City Attorney Komando
• Stated he sent out an update that the Special Magistrate has responded to the dangerous dog appeal.
He stated at this point they are just going to wait for the judge to make a decision but will keep the
Commission updated.
Mayor Woods
• Urged everyone to get out to vote.
• Stated they have received a request on the Salt Air drainage improvement plan. She stated some
neighbors on Sylvan St. have put together a petition stating they are happy with their street the way it
is and don't believe they have drainage problems and are asking that the City stop the project there.
Mr. Layton stated at this point nothing has been done there; it is a bid alternate and it can be deleted,
but it needs to be done tonight. Discussion ensued. Mr. Layton stated the contractor hasn't started on
either Sylvan or David yet and he can tell him first thing in the morning not to do them if that is what
they want. Mr. Komando asked if Mr. Layton can inform them that there is consensus and the formal
vote will be in two weeks. He stated then if there is any public who wants to comment, that will give
them opportunity to come and address it. Mr. Van Liere stated Sylvan and David were deductive
alternates from the bid that was awarded. Further discussion ensued. Mayor Woods stated they need
to have an emergency vote to put it on hold until they are able to contact all the residents because the
petition she is looking at only has people on Sylvan and it doesn't say don't do David. Mr. Layton
stated if he tells the contractor to stop, he will demobilize and we would pay him to come back. He
August 24, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
SEPTEMBER 14, 2015
Page6
stated he really needs guidance tonight if they want to delete them. A map of the area was put on the
overhead. Mayor Woods read the petition in its entirety. Further discussion ensued.
Motion: Call an Emergency Vote to cancel the project.
Moved by Woods, Seconded by Mark
Votes:
Aye: 4-Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Motion: Delete Sylvan and David from the Salt Air Drainage Project but finish up, clean up and repair
driveways as needed.
Moved by Daugherty, Seconded by Hill
Votes:
Aye: 4 -Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Adjournment
There being no further business to come before the Commission, Mayor Woods declared the meeting
adjourned at 8:14p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer
AGENDA ITEM #lB
SEPTEMBER 14, 2015
MINUTES OF THE BUDGET WORKSHOP OF ATLANTIC BEACH CITY COMMISSION
HELD IN COMMISSION CHAMBERS ON WEDNESDAY, AUGUST 12,2015 AT 5:00PM
City Commission Members present:
Carolyn Woods, Mayor
Mark Beckenbach, Mayor Pro Tern
Jonathan Daugherty, Commissioner
Jimmy Hill, Commissioner
Maria Mark, Commissioner
Staff present:
Nelson VanLiere, City Manager
Russell Caffey, Finance Director
Doug Layton, Public Works Director
Kayle Moore, Deputy Public Works Director
Donna L. Bartle, City Clerk
Call to Order
The meeting was called to order at 5:06p.m. by Mayor Woods.
Introduction
City Manager Nelson Van Liere stated an Annual Operating Budget is one of the City's most
important work products that a City Manager is tasked with. He explained this document gives the
City Officials the authority to collect revenues and pay the expenses. It allocates the resources among
departments in line with the Commission's priorities and policies by setting limits on how much each
department can spend. He distributed copies of the slides for his introduction presentation, copies of
the Public Works presentation and the proposed City of Atlantic Beach Annual Operating Budget
2016. He introduced Public Works Director Doug Layton, Deputy Public Works Director Kayle
Moore and Finance Director Russell Caffey.
Mr. Van Liere gave a slide presentation on the Agenda and Introduction, the Budget Policy and
Highlights, the 2015 Strategic Priorities Summary, the 2016 Strategic Priorities Summary, the
Revenue Overview and Summary, and Expense Overview. Discussion ensued regarding the Seminole
Road project.
Mr. VanLiere discussed the available cash balances and the Personnel Services summary. Discussion
ensued.
Mr. Van Liere distributed a handout prepared by the Actuary for the General and Polic~ Retirement
showing the 15-year projection of annual required contribution and actuarial accrued liability. He
explained the total unfunded liability on the General stops after 2023 and the contribution drops down
to $180,000 by 2026. He stated this is due to the plan being closed and the Actuary forcing us to
accelerate the amortization of that liability over this short period of time. He stated closing the plan
hurt up front, but for the long term, if the schedule plays out it is taken care of in the future.
Discussion ensued.
He showed a slide and discussed the Operating Costs, including the Fire/Rescue contract, the
Sanitation contract, Fleet Maintenance contract and various point repair contractors. Discussion
ensued.
Minutes -City Commission Budget Workshop
Page2
AGENDA ITEM #lB
SEPTEMBER 14, 2015
August 12, 2015
He showed the various capital improvements projects, discussing each and stated Mr. Layton would
go into further detail on the major projects. He also pointed out the various equipment purchases
proposed for this year's budget.
He showed a slide of the General Fund Revenue Diversification and answered questions from the
Commission. He also showed slides of the Ad Valorem Assessment Rolls, proposed millages for
Atlantic Beach and surrounding communities, the General Fund Expense Distribution, General Fund
Revenues by Type and Total Expenses, a graph projecting payroll, operating expenses and some
capital expenses in the General Fund.
Mr. Van Liere explained they had planned to do computer IT upgrades which would have cost
$300,000-$400,000, but there has been a problem with the software company and they postponed that.
He stated in 2017 if they go ahead with that project they would use some fund balance to do that. He
stated they are getting feedback from some software vendors that there might be other products out
there that they can make that hump go away and not have to do that and go in a different direction.
Commissioner Mark asked if the conversion has been tabled or should they wait and let Mr. Randich
talk about that. Mr. VanLiere stated they will discuss that issue on Monday.
Mr. VanLiere also showed a slide of other topics to discuss for the budget, including a running trail in
Jordan Park, Ped Path on Selva Marina Drive median, Seminole Road north of 5 points bike lanes,
Shore Preservation, Tree Trimming on Selva Marina Drive, Pickleball, Upgrading Crosswalk Signals,
Grant Writing Services, Rose Park Parking Lot, Bike Lanes on Main Street, and ABAA Baseball field
reconstruction. Discussion ensued on the grant writing services and the bike lanes on Main Street.
Departmental Presentations:
Public Works
Public Works Director Doug Layton gave a presentation on the Public Works Department showing
slides of what Public Works does, including an organizational chart showing how the Public Works
and Public Utilities Departments have integrated. He introduced Kayle Moore, explaining to the
Commission Mr. Moore's background. He explained their primary responsibilities include water,
sewer, streets, rights-of-way, parks, facilities, stormwater, sanitation and fleet maintenance,
construction administration; NPDES, MS4, EPA, and SJWMD Permits; commercial and residential
plan review; ROW permits; and stormwater utility fee calculations. He listed the facilities maintained
by Public Works including: 57 miles of paved streets and rights-of-way; 54 City buildings (30 sewer
lift stations); 5 treatment plants; 6 stormwater treatment ponds; 232 miles of water, stormwater &
sewer pipe; 14.4 miles of stormwater ditches and swales; 1 stormwater pump station (shared with
Neptune Beach); 104,000 LF sidewalk & 8' multi-purpose paths; 15 Parks (6 active, 6 passive, 3
preserves); and 1.6 miles of beach. He further showed slides on the Utility Service Area and the
Utilities 2015 Flow listing the design capacity and actual flow.
Mr. Layton further presented the Public Works Budget, stating the total is $7,109,127, showing a slide
ofthe breakdown. He also broke out the Utilities Budget which had a total of$9,672,180. He showed
slides of the Capital items for the next year which included Water, Sewer and other Capital items and
explained each item. He answered questions from the Commission. Discussion ensued.
Minutes -City Commission Budget Workshop
Page3
AGENDA ITEM #lB
SEPTEMBER 14,2015
August 12, 2015
He showed a slide with a Map of the Jasmine St. Pond and explained how the design could be part of
the Marsh Master Plan Project 2016 without buying the Bennett property. Discussion ensued.
Following discussion, Mr. Layton stated he believes what he is hearing from the Commission is to go
ahead with the design, look at it with eyes toward connecting to around the lift station at the Bennett
property and look at parking in more than one spot and bring some alternatives back at 30%. He
stated he has shown this sketch to North Florida Land Trust and they didn't have any problem with it.
(Commissioner Daugherty left the meeting at 7:23p.m. and returned at 7:25p.m.)
Mr. Layton explained the Resurfacing Program stating the FY 15/16 budget is $340,000. He stated
the Citywide overall condition hasn't been rerated for all the streets for about three years and it will be
time to do it again this year. He stated he believes the Index is staying about the same and they did
finish all paving this year in the program.
He showed a map of the streets that have been resurfaced since 2005 and a chart showing the streets
that will be a probable for resurfacing for 2015-2016 should the budget be approved, as well as the
streets next in line for resurfacing, as shown below:
Streets nrobable for resurfacing if budget a1212roved:
Street Starting Point Ending Point OCI
Seminole Road 18ih Street TurnAround 51.67
Seminole Road 5 Points 18th Street 52.08
Sturdivant A venue Sherry Drive Seminole Road 51.25
Ocean Walk Dr. N. Oceanwalk Dr. W. Oceanforest Dr. N. 51.67
Hibiscus Street Dead End Levy Road 52.92
Parkside Drive 11th Street Plaza Drive 52.92
Streets next in line for resurfacing:
Ocean Blvd. 1oth Street 13th Street 52.92
Plaza Drive Ocean Blvd. East Coast Drive 53.33
Begonia Street West 1st street Dead End 53.33
West 14th Street Orchid Street Mayport Road 53.33
5th Street East Coast Drive Ocean Blvd. 53.75
Brista De Mar Cir. 20th Street 20th Street 54.58
Sea Oats Drive Saturiba 19th Street 55.00
Mr. Layton discussed the Seminole Bike Lanes showing a slide of the segments it was divided into by
the consultant. He explained the reasons for the differences in cost for each segment. Discussion
ensued. He answered questions from the Commission. Mr. Van Liere stated the reason they wanted
to have this discussion is because they are about to pave Seminole Road from one end to the other so if
the Commission wants to rule out the bike lanes once and for all Mr. Layton can go pave the road.
Mr. Layton stated this is just resurfacing the road. He stated that was why he had this study done;
since he had heard the Commission talking about it, it made sense to find out what the real numbers
were. Further discussion ensued. Mr. Layton stated this is not in the budget and they are not planning
to do it at this point.
Minutes -City Commission Budget Workshop
Page4
AGENDA ITEM #lB
SEPTEMBER 14, 2015
August 12, 2015
Mr. Layton briefed the Commission on the following, stating they incorporated Utilities into Public
Works in 2015; they will have new income primarily from the additional water, sewer, reuse, &
sanitation services for homes in Atlantic Beach Country Club; the Statewide trend is toward stricter
requirements for stormwater utility discharge (NPDES & MS4); and they have begun a 2-year Public
Works Department accreditation process confirming 500-600 standard operating procedures for the
department, after which they will have peers from other cities who will review their procedures.
He also showed revenue vs. income charts on Storm Water Utility, Gas Tax Fund, and the Sanitation
Fund.
He stated what he got from the Commission was a general consensus to move forward to 30% with
some options on the Jasmine Rd. park and nothing else. Commissioner Daugherty stated he knows
they want to do something over there but he believes until they have people utilizing what's there, they
shouldn't be building something else, especially something that is so far out of site from the entrance
to the park. He stated he would like to focus more on connectivity and getting people to the park and
making the park more accessible to people, instead of creating more things within the park. Mayor
Woods stated that is connecting that neighborhood directly to the paths. Further discussion ensued.
Mr. VanLiere stated the biggest project is the road out to Dutton Island and it hasn't been bid out. He
stated he would like to see those bids come in before they take another piece of the money and use it
for something else first.
Courtesy of the Floor to Visitors
Mayor Woods opened the Courtesy of the Floor to Visitors.
Chris Jorgensen, 92 W. 3rd St., stated he would like to see a sidewalk at Club Drive. Stated he
would have liked to have seen the financial report on the website.
No one else from the audience spoke so Mayor Woods closed the Courtesy of the Floor to Visitors.
Commissioner Daugherty stated he would like to have an overview of what the City's debt is at the
next meeting. Mr. VanLiere stated he could give them that right now. He stated it is utility debt and
is being paid down over their useful life. He stated a big piece of that only has 10 years left. He stated
there is $21,600,000 outstanding, which is principal and interest.
Adjourn
There being no further discussion by the City Commission, the Mayor declared the meeting adjourned
at 8:09p.m.
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor
AGENDA ITEM #1C
SEPTEMBER 14,2015
MINUTES OF THE BUDGET WORKSHOP OF ATLANTIC BEACH CITY COMMISSION
HELD IN COMMISSION CHAMBERS ON MONDAY, AUGUST 17,2015 AT 5:00PM.
City Commission Members present:
Carolyn Woods, Mayor
Mark Beckenbach, Mayor Pro Tern
Jonathan Daugherty, Commissioner
Jimmy Hill, Commissioner
Maria Mark, Commissioner
Staff present:
Nelson VanLiere, City Manager
Russell Caffey, Finance Director
Doug Layton, Public Works Director
Cathy Berry, Human Resources Director
Keith Randich, IT Director
Timmy Johnson, Recreation Programs and Special Events Director
Michael Deal, Chief of Police
Victor Gualillo, Police Commander
Jeremy Hubsch, Building and Zoning Director
Dan Arlington, Building Official
Donna L. Bartle, City Clerk
Call to Order
The meeting was called to order at 5:03p.m. by Mayor Woods. She gave an overview of the previous
budget meeting on August 12.
Courtesy of the Floor to Visitors
Courtesy of the Floor to Visitors was taken out of sequence and acted on at this time. Mayor Woods
opened the floor to visitors.
Chris Jorgensen, 92 W. 3rd Street, stated he views the City as a profit making business and as a
model city for other cities to imitate due to our quality of life from our parks and recreation. He also
discussed the Bennett property.
Michael Bruce, 2313 Ocean Forest Dr. W., thanked everyone for what they do, stating he is
appreciative as a citizen. He stated he is a member of the concerned citizens of Atlantic Beach
regarding the widening of Seminole Rd., with or without four bike paths, with or without the result of
Hanna Park being opened. He stated they raised over 230 signatures to encourage the TPO not to
bring additional bike traffic down Seminole Rd. He stated Steven Tocknell, as a member of the East
Coast Greenway and as a representative, has written to the TPO that he would prefer a path that sticks
with what we currently have (a map of which he distributed to the Commission). He stated, both from
the standpoint of the TOP recognizing their concerns and the East Coast Greenway, he believes there
is a significant reason not to increase and add four ft. lanes on either side. He thanked them for the
wisdom they showed in the last meeting and wanted to reaffirm that by putting this in the record.
Kirk Hansen, 2393 Ocean Breeze Ct., stated he is pleased that the 4 ft. extensions to Seminole Rd.
don't appear to be a good option. He stated that leaves the 8 ft. ped paths like they have from Ocean
Walk to 20th St. and extending those. He stated although the City has a 100ft. right-of-way and has
Minutes -City Commission Budget Workshop
Page2
AGENDA ITEM #1C
SEPTEMBER 14, 2015
August 17, 2015
every right to exercise that right-of-way and cut into those front yards, you have to ask yourself is that
the right thing to do aesthetically for Seminole Rd. and are we really gaining anything by doing so.
He suggested that they give more thought to it and asked what is the problem they are solving and is it
really a problem and will there be other unintended consequences to that.
No one else from the audience spoke so the Mayor closed the floor to visitors.
Administrative
City Manager Nelson Van Liere showed slides of the departments' budgets, explaining the major
items included. He further explained the General Government accounts, comparing the current year to
next year, and the Miscellaneous Items including Health Insurance and General Liability Insurance.
General Government
IT Director Keith Randich gave a presentation on Information Technology showing slides on the
Accomplishments in 2014-15. He stated they completed the migration to SunGard's ONESolution
Community application, which was a multi-year project that started about three years ago. He stated
they installed a new video management system for the Police Department; have upgraded the City
Email server and software, giving the City Clerk the ability to search the archive server for records
requests related to emails; are setting up the Co-location Site for the City's Emergency Preparedness
program and are beginning the installation of a new City phone system in City Hall.
He stated the plans for 2015 -2016 include completing the installation of the new City phone system
in the Police Department and at Public Works; completing the set up of the City's Co-location Site for
email and phones; replacing the City's file servers; and involvement with the Police building
construction in moving the phones and data to ensure they have connectivity throughout that project.
He explained what's not in the Budget this year is the ONESolution -Finance application which was
the next step of that multi-year project. He stated they decided to put off the installation of the
Finance application for another year, which will defer over $300,00 in capital and over $50,000 in
operating costs out ofthe 2015-16 Budget into the following year.
He further reported on the ONESolution application, stating they have put a lot of time and effort in
that and wished they had a sterling report to give today. He stated, however, it didn't really tum out to
our level of expectation. He explained they began the installation of this project in July 2014 and were
installing software modules for Code Enforcement, Building Permits and Business Licenses. He
stated the project took a tremendous amount of staff time for conversion, training and subsequent
troubleshooting. He stated the troubleshooting was not something they were counting on having to
dedicate their time to. He stated after SunGard put in changes to the reports, the Code Enforcement
and Building Permit portions of the application are running pretty good. He stated the Business
License portion of the application is not doing well and they meet on a weekly basis with SunGard to
go over the outstanding problems and issues and get an idea of what their plans are for remedying
these situations. He stated in February 2015, Mr. Van Liere and he met with the SunGard Vice
President to go over the application and to see what his plans were for going forward. He stated by
June, SunGard announced they were discontinuing this application and bought their closest competitor
and their product. He stated the company is called CR W and this product will be repackaged as a
Minutes -City Commission Budget Workshop
Page3
AGENDA ITEM #lC
SEPTEMBER 14,2015
August 17, 2015
SunGard ONESolution product going forward. He stated in the next year, when we receive upgrades
from SunGard for this product they will be installing this CRW product and we will run off of that
product going forward. He stated SunGard didn't have the confidence in their development staff to
take this product and make it right so they went out and bought something that was already very
successful and are going to make it their own going forward. He stated we are looking to have that
done in the next year, which is why they decided to put off the Finance application for another year.
He answered questions from the Commission. Commissioner Hill stated he would like to see that
company help with the data input for the conversion and would like a report back on how that
conversation goes. Discussion ensued.
Commissioner Hill asked if there might be an intern opportunity for messaging out to the citizens.
Discussion ensued.
Parks and Recreation
Recreation Programs and Special Events Director Timmy Johnson stated his budget is primarily the
same as last year but there is a line item added for senior programs to take place at the Baker Center,
which he explained. He answered questions from the Commission about the senior programs.
He stated there is also an increase for the Recreation Committee under Discretionary Advertising for a
FACE program, which is a character building program that would take place at one of the schools.
He stated the Recreation Committee, which consists of 9 members, is responsible for putting on
programs as well the oversight of funds to outside agencies. He showed a slide of the various
programs for 2015, as follows: Acoustic Nights, After School Program, Art Exhibit/Reception, Art
Walk, Artisan's Faire, Arts in the Park, Bowl Bash, Clothing Drive, Cooking Classes, Dance/Fitness
Programs, Family Campout, Flag Football, Egg Hunt, Habitat Education Program, October Festival,
Public Computers, Seniors Program, Shakespeare in the Park, Songwriters Concert, Summer Camp,
Tennis, Tennis Tournaments, Teens Program, Toy Party, Tree Lighting, Twilight Movies in the Park,
and Wild Wonders.
He explained the Contracts for 2015 are with Atlantic Beach Athletic Association (ABAA), Atlantic
Beach Elementary School, Atlantic Beach Experimental Theatre (ABET), Tennis Pro and Habitat.
He further stated they have three Community Centers that they rent out to the public as well as assist
the public with their private events such as Weddings, Camping, Fires on the Beach, rental of the
pavilions, fun runs, etc. He answered questions from the Commission.
He showed a slide of the Funding To Outside Organizations, as follows:
• Atlantic Beach Elementary School-$15,500/$5,820 (grass cutting)
• Beaches Fine Arts-$3,000
• Beaches Resource Center-$2,000
• Dial-A-Ride-$1,500
• Fitness and Character Education, Inc -$2,500
• Mayport Middle School -$13,000
• Total: $43,320
Minutes-City Commission Budget Workshop
Page4
Mr. Johnson answered additional questions from the Commission.
Public Safety
AGENDA ITEM #IC
SEPTEMBER 14, 2015
August 17, 2015
Chief Michael Deal thanked the Commission for their support of him and his department. He gave a
slide presentation on the Goals & Strategies of the Police Department, explaining each, including
instituting a Community-Oriented Policing Approach; finalizing and implementing a plan for
expansion and renovation of the Police Building; working toward Law Enforcement Accreditation;
focusing on pedestrian and bicycle safety; developing a succession plan; remaining competitive in pay
and benefits for recruitment and retention of staff; instituting regular communication with JFRD;
developing a Social Media Platform for community outreach; and actions to continue updating and
working on Emergency Preparedness. Chief Deal and Commander Gualillo answered questions
regarding Emergency Preparedness. Discussion ensued.
He showed a slide of the Public Safety Budget stating the Total Budget was $ 5,813,259, which
included Police Services -$4,357,754; Lifeguards -$227,901; Fire Rescue -$1,113,554; Capital
purchases-$164,600 for three marked patrol vehicles-$127,000, eight Laptop Computers-$25,600,
and Department & FTO Training Program Software-$12,000.
He stated the FY 2015 Grants came from the JAG grant-$63,150, which will be used for one full
time COPs officer (partial salary only -$21,150) and one full time Crime Suppression Unit (CSU)
Detective (salary only-$42,000). He answered questions from the Commission.
He explained Police Training Fund of $25,000 will come from the restricted funding from a surcharge
on traffic citations dedicated for police training and Regional Training Funds that are allocated by the
JSO for the entire region to host classes at the academy. He stated all training in FY 2015 was funded
by these two restricted accounts and no General Fund dollars were budgeted in 2016 for police
training.
He explained the Radio Communications Fund of$14,000 is from restricted funds from a surcharge on
traffic citations which may be used for radio airtime, laptop airtime, and other relateq emergency
communications expenses. He stated it represents about 16% of the total communications budget of
$89,700.
He stated they have allocated a budget for the Forfeiture Funds of $5,050 which comes from seized
money and other assets that have been used in the commission of a felony crime. He stated the most
common source is from drug cases and the revenue is very difficult to predict. He explained the
expenditures are very restricted and cannot be used for personnel or other normal operating expenses.
He stated the Sworn Staff total 28, including the Chief of Police I Director of Public Safety, 2
Commanders, 2 Lieutenants, 6 Sergeants and 17 Officers. There are 15 Civilian Staff, including the
Support Services Manager, Administrative Assistant, Records Clerk, Purchasing Clerk, Property &
Evidence Custodian, Emergency Communications Supervisor, 5 Emergency Communications
Operators, 2 Animal Control Officers, and 2 School Crossing Guards. He stated all of the positions
are full-time except for the School Crossing Guards which are part-time positions.
Minutes -City Commission Budget Workshop
PageS
AGENDA ITEM #lC
SEPTEMBER 14, 2015
August 17, 2015
He stated the Patrol Division, led by Commander Gualillo, is in charge of Patrol, Community-Oriented
Policing Unit, Department-wide Training, Field Training Officer Program, Emergency Management,
Special Events, and SWAT.
He stated the Support Services Division, led by Commander Tiffany Layton, incl\ldes General
Investigations Unit, Crime Suppression Unit, Accreditation, IT Support, Emergency Communications,
Records, Purchasing, Property & Evidence, and Social Media.
He reported on the Crime Statistics stating the index crimes have gone down from 2013. He also
showed slides of the Crime Rate Comparison Per Capita and the Performance Statistics.
He stated the Lifeguards are staffed from Memorial Day through Labor Day. The beach is staffed 7
days per week. Monday -Friday it is staffed with 8 towers from lOam -5pm. Saturdays and
Sundays are staffed with 9 towers from lOam -5:30pm. He stated the only exceptions are in
inclement weather. Weekend staffing begins in March and continues through the end of September.
He explained the Junior Lifeguard Program, which was implemented in 2015.
He further explained the Fire/Rescue Services stating the Fire and Emergency Medical Services in
Atlantic Beach are provided through a contract between the City of Atlantic Beach and the City of
Jacksonville. He stated Atlantic Beach provides facilities and funding to Jacksonville, and
Jacksonville staffs the Atlantic Beach Fire Station. He stated the agreement provides for an Advance
Life Support (ALS) level of emergency medical care for citizens, and the department members
continue to provide tours, blood pressure checks, and community services as requested. He showed a
slide on the Fire/Rescue Services-Alarms-Response Times.
He explained the Citizen Police Academy (CPA) stating it is a 12-week program that meets one
evening per week (2-3 hours) and one Saturday. Local residents will be taught about a variety of
topics, to include Communications, Investigations, Traffic/DUI, Patrol, Crime Prevention, Firearms,
Defensive Tactics/Taser/Pepper Spray and SWAT. He stated they have completed the 3rd CPA class
and now have approximately 68 citizens who have attended our Citizens Police Academy. He stated
they also have a thriving CPA Alumni Group. He stated Class 4 is scheduled for next year.
Building, Planning and Zoning
Building and Zoning Director Jeremy Hubsch gave a review of the Building, Code Enforcement and
Planning and Zoning Departments.
He explained the staffing in the Building and Zoning Department includes the Building and Zoning
Director, a Building Official, a Senior Building Inspector, a Code Enforcement Officer, a Planner, an
Administrative Assistant and 2 Building Permit Clerks.
He explained the Enterprise Fund Concept stating the Building Department permit fees can only pay
for activities related to enforcement of the Florida Building Code. He stated the Building Department
has been doing well revenue-wise and have not had to tap into the General Fund as they have had to in
the past. Mr. VanLiere answered questions about transferring money to the General Fund.
Minutes-City Commission Budget Workshop
Page 6
AGENDA ITEM #1C
SEPTEMBER 14,2015
August 17,2015
He showed slides on 2015116 Revenue Projections, Construction Trends and 2015/16 Proposed
Expenses with Total Expenses projected at $457,868. He stated in recent years, the department has
not spent its entire projected expense budget and has rolled excess cash into the operating cash fund
which has a current cash balance of around $350,000 and they will probably roll another $80,000-
100,000 into it this year.
He showed charts of the Building Department Expenditures and Revenue, the Construction Value in
Atlantic Beach, and the Building Department Permits and Inspections.
Mr. Hubsch introduced Building Official Dan Arlington and Mr. Arlington explained his position.
Mr. Hubsch explained the Planning Department Trends for 2014/2015 including the Atlantic Beach
Country Club and 201 Mayport permitting, construction, development, and platting; setting up and
funding a study for the creation of a Community Redevelopment Agency (CRA) for the Mayport Road
Corridor; and rewriting the City's Tree Ordinance. He stated they applied for and received three
grants: $25k CRA, $1 Ok Tree Management Plan, and $650k CDBG, which is still contingent on
Jacksonville's approval. He further stated they joined the Florida League of Cities Economic
Development and Growth Management Committee; participated in the North Florida TPO Beaches
Bike/Pedestrian Study; will be doing a lot of staff work with the CRA Study Team and will create a
Technical Advisory Committee; will be working on a Tree Management Plan and a comprehensive
planting program once the Tree Management Plan is complete; and will be applying for Tree City
USA Designation.
He explained the Planning and Zoning Expenses for 2014/2015 were $250,710 which included
$92,000 for the CRA study. He stated in 2015/2016 they have projected expenses to be $149,364. He
answered questions from the Commission. Discussion ensued.
He showed a slide of the Tree Fund Revenue stating the balance is $20,806. He also showed a slide
on the comparison of Tree Removal Permit results since the City revised its Tree Code in May 2015.
Discussion ensued.
Mr. Hubsch discussed Code Enforcement stating the Department is funded through the G~neral Fund.
He stated they have a new Code Enforcement Officer, John Markee, who started in May 2015. He
stated the projected expenses are lower this year due to the period where we didn't have a Code
Enforcement Officer. He answered questions from the Commission.
Follow-Up Topics
Mr. Van Liere stated the budget is balanced and believes it meets the strategic initiatives. He stated
they have kept the same millage rate, have raises for the employees, and are delivering the same or
better level of service as the prior years. He stated there are four major projects that will be under
construction this year including Seminole Road, the Police Building, Francis Street and the CRA. He
asked if there was anything in this budget that the Commission doesn't want to have in it or if there
was anything they would like to add, so they can put together a schedule of changes.
Minutes -City Commission Budget Workshop
Page 7
AGENDA ITEM #lC
SEPTEMBER 14, 2015
August 17, 2015
Commissioner Daugherty stated he would like to see a budgeted number for paving the parking area at
Rose Park. Mr. VanLiere stated when they spoke about this at the last meeting it was suggested that
maybe it just needs an apron when you pull in and out and drive up the little hill for starters to see how
that works. Commissioner Daugherty also suggested some kind of pedestrian path along Main Street
and a sidewalk from Main Street to Tideviews to complete that path. Mayor Woods stated she thought
during their discussion that it was a major change to widen the road. Commissioner Daugherty further
discussed opening up that section of Tideviews through the Bennett property stating he would like to
put in $250,000 for the acquisition of the property through a short sale. Mr. Van Liere stated that is
not an item to include in the budget at this time but if a deal is put together, they can bring it to the
Commission and if they are interested, they can do a mid-year budget modification.
Commissioner Hill asked what the Marsh path is now. Mr. Van Liere stated they are talking about the
road from where it leaves shore out to the island and putting the boardwalk that goes along side of it to
separate the people from the cars and redoing the road. Commissioner Hill stated he would like to see
an actual line item to get bike racks from the end zone areas of the beach accesses. Mr. Van Liere
stated they just did five of them. He stated he asked for that last year and they put some money in
there and they are doing it. Discussion ensued.
Commissioner Beckenbach asked if they are doing anything about the soccer field at Russell Park. He
asked ifthere is going to be some kind of irrigation there. Mr. VanLiere stated they have $160,000 in
the budget for park improvements and it is flexible to do with it what they want and irrigation is on the
list. Mr. Layton stated they just submitted a grant request for both the sod and irrigation and lights on
the basketball court. Discussion ensued.
Mayor Woods stated she believes staffhas done a really good job in understanding the community and
knowing what they are looking for and complimented them for their hard work. Mr. Van Liere
thanked staff also, stating everyone has worked hard on this, complimenting the new Finance Director,
Russell Caffey, specifically.
Courtesy of the Floor to Visitors
This item was taken out of sequence and acted on earlier in the meeting.
Adjourn
There being no further discussion by the City Commission, the Mayor declared the meeting adjourned
at 7:55p.m.
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor
S llli M IT'I'I W BY:
STI{A'I'EC:I C I'LAN L INK:
C I TY OJ!' A T LANTIC IU•:A C II
C I TY ('0 1\II IVH SS ION !VIJ •:J•:TIN G
S'I'AFF IUi;PORT
AC tt;N OA ITEM #3A
SEf>T E MBE R 14,201 5
1 hc-hy·cl\CCp l.i on (0 purllliL 011 pi'Clll i-;cs COilSIIIllpl i<>ll o f al co hol io,;
bc:vcrngcs wilhiu l hc Cut nlllcrciul U cncrnl ( 'C i) /'.l111 ing D islrillt nt 2 X
Shcny IJriv c (l 5-lJ 13 1~X 10,12)
Jco·u ,ry l lll hsc h, Buildi ng a111 l Zoni "" ll i,.clllr tfJ{
A11g us l 6, 20 I ~
Nnno
B A('l ((;H.OUNI>: T he .i p plic':t ul s ltavc r ••cc nlly arqui rC'd LhP l'ahtts llol c l a t 20 Sherry Dri v<'. T lt c!
pc ·o pr.rly is 'l.O Jle tl Comn tr rri :l l Gettr'r :cl (CG) which all ows hotels. 'l'h Py i n lcnd to tllill<c rcnovatlo cJ!>
ancl rou vt•rllllcl n lwu liqu c hotel. One con tiHIIII'I tt uf'Lhcic • r c ii OVclllon pla tl S is I n impr ove 1111 •
l n l t•rlo r· co urty<u·cl arc;t illld convNI i tlnlu illl outdoo r l o u u g~•, w lt on • tlt cy p l <~n l osN vc• !Jpc•r aucl
wi tH' Lo gllc'sls. 'l'lw t:urt't'lll c:ourlyn r d has lalllcs fi nd Is mt r'l n 'tt w her e f~IIP Sis t:<llt concc i vn hly clr·i1 1i<
hcer and w i ne t hey pu r d t.tsN I o ft s ite. T he app lic:.mls would l il<c to lw ab l e 10 SC'I'Vl'lH'cr and witH'
as :1 se r vi ce l o gll csls .l ~e nrl e rl n gs oflhc ir pi o pusc d cl r sig n r;1n be fo und i n t ile :1gnudc~ pa cl<.rg c.
Th e ap plica nl s ,tre n•qu i r c cl l o gel.l use -by -c.'xcc plio ll f"or ctlro hol sales acco r ding t o Sec t ions 3 -!i
.t IH I 2'1 · l l J (c ) [3). Sectio n 3 ·.'i slal cs, "Tit c ::;;ri c of any a !co lt ollc ltrvur;;gcs fur nn· prC'tll i sc
t:OJI Slllll p\ Inn, inr ht di ng bee r, w i nc ;ur cl liqu o r sltall he prop l •rly I ken se d by I he Cily of Atl~1nl i c
1-lc:tc lt , and sltnll he li mi l t•d on ly lo rc•sl:l u l'all l s, ral rs, bar s aud priv:tlc clubs w llhi n com tncrrl;ll
gc llC'I'<l l i'Oil )ng d lslri t:tS 01' th O CC'Ilii'Cl ) UUS itlC'SS dlsl ricl ill COill p lia tH'C Wil li c;h,q>l CI" 211 o rt hP rlty
code nn d subjer:Lln <lppr ova l of"<J II sc -hy ·<!Xt:c pli nn l n <lCCOI'cln nce w ilh sec tion 2'1·6 ~~." T he City
\.o de has sc vcr a l reeu laLi ous spcci l k Lo ,1l roltol snl cs . Section 3-2 stales th <tl no sa l es ur se rvl rr s ha ll
ocrur bet w ee n t l~t•lt o 11 rs ol"2:00 :1.11t. :m d 7:0 0 ~1.111 . Sert i on :~-7 sl nl t"s llwl husiu(•s.<ws LI Hil sell
nl colwl s h.l llm :~inl tlin suffidcnt ligllllng for safety purposes. St·c t io n 3·0 Sl illt's Lhn r· almllol
r:c1 n s un1 pllo n ~.:a u only occur i n~iclr ,, h ui l rl l ng, wil llitt a rcc r r,1Lio n tii'Cil, o r wit hi n :111 Oltlclnor ser1ti11g
lJ I' di lli ll fJ (11'!':1 .
Til e Commu ni Ly Dc•vc l opn tcnlBoilrd rP t omnl cu cl cd ap pr ov al of th l' tt sc · by·t·xr<•p lion hy a vn t c or S
0 ,tt t lw july 2 1~r ll w Clill g, wi l h t he co ndi lions lh <~L : I. II ours of' s ale IJC s loppN I <~t I OPM Stll ttl:ly-
Thu r s day rtnd 11 PM Pricl ay ami Sat 11 r clay . l. The lll~X I tlllt m num be r· c>l'p co pl c I11 Lhe lo u nge ctrr•;c lw
limited to t lt i t'Ly -n v c•, :~. 'l'h;c t sa les br llmi lrd Ln bccra11 cl w i tH' only.
B lJ U GF;T : No ne
R ECOM M ENDATION: 1\pprovc..: tho Usc-Hy -1\xcc p(il'll I 5-U IW X-1 Qtl2 wi th coudiliuns tha t : l.
I l o urs o f" sa l e br s toppecJ ~l LO PM StiiHiay -'l'hursd<cy cc ud 11PM Fr i day and ~nt 11rd<ty . 2.1'1t c
mmd mu m nunt bcr ul'peo pl c in t be lo u nge tli'Ca be llc nilcd t o ~5. 3. Thai s::t lrs be l imitccllo ht •c•r ;u H I
w l lle o n ly.
t\ TJ'A ('IJ M I•:N T S: Copy o r 'orn muni ty Dovclo ptll cll t IJvmd sl ;cl"f rcpon ; co py u l 15
I Ji mX-1 0112 npp licati ou.
HIW IJc:Wrm BY C ITY MANAC;J~It ~ ~~
AGENDA IT EM
CAS E NO
LOCATION
AP PLI CANT
DATE
STAF f?
STAFF COMMF:NT S
CITY OF ATLA NT IC BEACH
COMMUNI TY DE VELOPME NT BO ARD
STAFF REPORT
4·.A
AGENDA ITE M fi3A
SEPT EM DE R 14,201 5
15-U B EX-104·2
Ucqu csl. for ttse-by·exception as permitted by Section ~4 -1 1 1 (c}(3), J:o penni/. on ·
premises COIISI/111/)ti nn of ofco ho/lr: beverag es Wil lr in the Comme r cia/ (j('IJ em/ {Cf;}
Zo nill!) DlstricJ: at 28 Sheny Dri ve.
2 1l SHERRY DRIV E
The Colol' Bl ack LLC dba 2 U Sh e rry
July 9, 2 0 15
JE RE MY HUB SCH , BUI LDIN G AND ZONING DIRE CTOR
The applic:01 nts hav e rece n tly acq uired t he P;1 lm s llotel at28 She r ry Drive . Th e pr op e rly is ~t.o n cu Commercial
r.e nea·01l (CG) w h ic h a ll ows hotels. They Intend to rnnk e renova ti ons illld co nve r t It t o CJ boutiqu e hol c l. On<'
co mpone nt nf t lw ir re novat ion plan s Is to im p rove t he i nt eri or cou r ty;u·ct a r ea an d ronvcrt it into <tn outduo 1·
l ounge, w he re they pl an to ser ve beer and win e to gucsls. Th e c urrent cou r Lyard lw s ta bl es a nd is a n nr<'<l
w her e gucs l s can co nce ivab ly clrtnl < bct!r a nd w in e t hey pu rc h<J sc d off site. Th o app lica nts wo ulrlli l<c to he ah le
to serve be er <~nd wi 11 e <'IS n se r vice to guests. Re nde r ings o f the ir pro posed des ign c:.1 n be fo un d in th e age nd:1
pac kage.
Th e applicants t~re r e q ui red to get a use-by-exce ption for a lco h ol s<.Jlcs <t<.:co rdlng Lo Sec tions 3·5 and 211··1 L I (c)
(3). Sectio n 3·5 states, "The sa le o f a ny alco ho lic beve rages for on-premi se co nsu napti on, i ncluding bee r, w ine
a nd li quo r s ha ll be properly lice nsed by the Cily o f Atla ntic Bea ch, ~111d s ha ll be lim ited on ly to r csl<H ira nts,
cafes, ha rs <Hid prl vatt! cl u bs w ith in con amc aTii1 l gc nc ril l a nd co mm c rcia llimil'cd zo ning dist ri cts o r l hC' ce ntral
bu siness d is lric tln com pli a nce wi lll chapt e r 24-of th e city co d e and su bject to a pp rova l of;,usc-ll y -cxcc p ti on in
acco r da nce w i th srcti on 24 ·63 ."_l'h c Cily Co de has se ve r al r egu l (l ti ons specific Lo a lco ho l sa les. Sc rll on 3-2
sLates that no sa l es o r se r vice s ha ll oc cur between th e hou r s of2:00 a.m. a nd 7:00 a.m. Sect ion 3-7 slates t hat
businesses t hat se ll a lco hol shall ma inta in s uff icie nt li ghting for safety p u r poses. Sectio n 3·8 st~l cs t h nt al co ho l
co ns um ption can o nl y occur ins ide a bu ildiuu. w i t h i n a rcc rcr~li o n <~r ea, nr withi n an o u tdoor sea ti ng or dini ng
11rea.
Th e hote l is c urre n tly limite d in t he ana oun t o f pnrkln g s paces il ca n provi de un·sitc. 1\c;cnrdin g t o th e
app li c<~nt s, th e r e nrc ove rfl ow pa rl d ng arra nge men t's w ith th e adji.l Ce nt IJe rl<shi r e llat haway <1 n d t he
Presbyte r ia n Church. Th e pa l'l<in g provid ed on site Is ge n er ally sufncient fo r hot el guests, but u ut for polcntinl
vi sitors of th e pa·op ose d l ou nge . i\1 t his lime the app li ca nts hav e not i ndicated a des ire lo serve ou tsidl! visitor s.
lloweve r, sta ff reco mm end s a co nd i tion that a forma l shared parking ag r eemen t be submitted to th e c ity if th e
app li c<ant s int end to se r ve alco hol to v isito a·s t hat are no l s t<1ying at t h e hot el. Sec tio n 24-161 (t) (2) a ll ows a
AGEND A IT EM #1 3A
SEPT EMB ER 14,201 5
shared pnrld ng agree m en t so l on g as tl w pa rldng i s wit hin '1·0 0 feet, wh i ch b o th 13c rl<s hi r r llathaway an d I h e
Presby t eri an Chu r·ch arc able t o m eet
Ad d itio nally, clu e to th e prox imi ty l o r eside ntial ne ighb orh oo ds a nd a church, th e c il y may co ns id er· pla ci ng
co nd i ti o ns o n h ours of alcoho l sa l es and no ise l eve ls. Th er e is one co d e p r ovisi on w hich ll lllits noise i n
prox imily 10 ch urches. Sec t ion 1 L.2 (g) slates, "no per so n, w hol e on public or private grounds ad jacent to a ny
buildi ng in w h ic.:h a sc hool, church, or m c cli c;t l fac ility is in sessio n or usc, shall w i l l fully nwlw or Hssist in t h e
rn ald ng o f any noise whi ch di stur b s th e peace or goo d ord er· o f such aclivi ly occ urring w ithin th e bu ild i rr g."
Thi s sec ti o n provi d es Lh e abili ty fo r t he city to regulate any p otc ntinl noise Iss ues wi th th e adjacent c hurch.
Fi gure 1. Currc nt Palms llo t el. Vi ew loo king w est fr ·o m Sh err y Drive.
Page 2 o f4
AGENDA ITEM 113A
S EPT E MBER 14,201 5
'I
... :· \ :~. ~' '· .
• -~~~~~~~~~~ 'I~ ":1 "01·''1 g
@l U
Wl'l'r.ll~···~ 1
Fig ure 2. 2H Sh c l't'Y uc r ial phot o
SUGGESTED ACTION TO RECOMME ND APPROVAL
Th e Community De v e lo pme n t Boa rd m ay cons ide r a motion t o r ccommc ncl n ppruval t o the City
Commissio n o f a r e quested Us e-b y -Excepti on (Fil e No. 15-UBEX-1 0 '1·2) t o J>Crmi t o n -premises
con s umption of a h:oholic b e ve r ages w it hin t h e Co mme rcial Ge n e r a l (CG ) Zo ning Distri ct a nd
lo cated at 28 She rry Drive provi d e d :
1. ApprovCJ I o r Llli s Usc·by -J·:x cc ption is co nsis tent with Lh e i nten t of th e Co mp r ehensi ve 1'1 :-~n .
2. /\pp r uv a l of Lhi s Use-by-Exc ep tio n i s In com pli ance with Lhc re q uirem ents o f Scc lion i!tJ--63 ,
Zo n ing, Subd ivi sion and Land Devel opment l{cgu lati ons.
:l T h e requ es te d u sc is consistent wilh Sc <.:t ion 2'1·-ll l(c) i n t h at th e p r o p o se d us c Is f ound to b e
con s i st en t with Lh c u se s pe rmi llcd in t h e CG zo nin g <.li slr l ct w i lh r es p ec t to in te n s ity o f usc,
Lral'fi c i mp ac t s a nd c o m pat i b il i ty w i th ex i stin g industri al u ses, com m er ci al uses :1nd an y n ea r by
r cs id e n li a luscs.
Poss ible Conditions :
• Req uiring a n am en ded usc-by -exce ptio n i f the a pp lic ants ever seck t o a ll ow o uts id e vi sito r s
to u se the o u td oor loun ge.
• Co n sid c r a lio n of co n d i t i o ns r el ate d Lo h o u rs o r sa les a nd noi se l ev el s.
Page 3 of4
SUGGESTED ACTION TO RECOMMEND DENIAL
AGENDA ITEM #3A
SEPTEMBER 14, 2015
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use-by-Exception (File No. 15-UBEX-1042) to permit on-premises
consumption of alcoholic beverages within the Commercial General (CG) Zoning District and
located at 28 Sherry Drive provided:
1. Approval of this Use-by-Exception is not consistentwith the intent of the Comprehensive Plan.
2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-
63, Zoning, Subdivision and Land Development Regulations.
3. The requested use is not consistent with Section 24-111(c) in that the proposed use is found
to be inconsistent with the uses permitted in the CG zoning districts with respect to intensity
of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any
nearby residential uses.
Page4of4
APPLICATION FOR A USE-BY -EXCEPTION
C ity of Atllwllc Bench o 800 Su mi110l o Hond o Alh111tlc 13 cnc h, Flul'icln J223J -5<Iol5
l'honc: (904) 247-582/i · FAX (904) 247-51!115 • http://www.1:uuh.u s
AGENDA ITEM #3A
SEPTEMBER 14, 2015
nut c -----------(l fl o No._ ---------_R ec eipt -----------
1. Applicn nl's Nnrnc The Color Blacl< LL C dba 20 Sherr y
2o Ap pll cn ur's Atltlaoc s11 28 Sherry Dri ve Atlanti c Beach, Fl 32233
3o l'ropcl'l)' Lucntlon 28 Sherry Drive Allantlc Beac h, Fl 32233
tlo Proo p or·t y App r·ul so a·'s R on I Estnl o Nurnboa· Jllo cl( No.3 Ln« No. 651 ·052,6 S3.05tl
5. C unonl Zoni ng cins~lflciiiiOu CG __ 6. Cn mprc hon slv c l)lnn Fut ure r,nnrJ Uso rl os i ~nnlion _C_G __ _
7. R uCJucslcd Us c-by-Exception Eslnbllsh an out door lou ngo, onnbllno lh o holul to sell oncl ::orvo boor a nc l winnlo hotol ouosls.
11. Size of I'•H·ccr _0_._23_a_c_re_s _________ _ 9. Utility Pr·ovirlc a· JEAICOAB/Sawyer Gas/Comcos t
10. S tntcnr cut· ol' fnct s nnd spcclnl r unsnus few thu I'Clltl~slocl Uso-by-Exccpllou, which tlcmonstrntcs cou apllnu cu wit h
Sectio n 24-6:1 o f th o Clly of All nnllc Bench Code of Onllnnucus , Zu nlu g nnd S uhtllvlslou r{c~;nlllll o n ~. Allnch nR
Exhibit A . (Tho n ttn~:horJ Hili d o nmy hu usn d If des ir ed. Plcn sc ndclrc~s eaclllt o1111 liN upprnpi'IIIIC In this noclu c~t .)
II. l'rnvlrl o nil of t h o followlul: inform ntion . (AIIInfunnillluu 11111~1 ho ru·o vldcci!Juforunn nppllcalfon Is sc hcdnll•cl fcH' nu y
puhll c hcnrln)t·)
:1. Sll c Plnn 5how hal( the lo cu tion of nil s tnr chu·cs , lorup ot'l ll 'Y nnrl perni iiiiCIII , lu chrrlin {; so tb 1u:lc.~, IJuilcJhq~ Jll.l ll!hl,
number of stol'icH null Sllllllro foota gr, Imp erviou s s urfa ce nr cn, nnrl cxls ltna nnd /m· propnscd dl'lvcwnys.
lclcntlfy nny cxls lln ~:; slructnrcsnntl us es.
b. l'rnof uf OIVIICI'S hfp (cl ccd 0 1' CCI'tificalo hy hiiV )'Il l' 01' nhsii'II Cl Clllllj)llll)' m· Iitle Cll lllJI II II)' lhnt VCI'inC J rCCO I'C I
own er us nb ove). Jf the nppli cnnt Is not the owner, n lett er uf nuthodz11tion fr om I he ow ncr (s) for applicant to
r e present the ow ne r for ull put•posc s rclnt('llto tbl s npr>licnt lon 11111 ~1 he provid ed.
c. S ut·vry nmlloJ,talrlc scl'lptio u ol ' prottot·ty II OIIJ,tht to lJ c rczn nccl . (A t111rh ns 11:x hlhlt 8 .)
cl . Uccaulrcclnumh or· of' co plc11. (Two (2) co pi es of all cluc urncnt ~ llrnl nrc not hu·~~.:t· th1111 II x I? inchu s In RIZll. If
(IIIIII S m· llhot ogrnph s, or co lor nll nc hm cnt s III'C suhmlttctl, plcnsc provide ci~h t (8) co I r?rf tP., n fl f{j r·· I :l
c. Appilon tlon Fcc ($250.00) O II ~ li'J I i, 1 ?, ~
f Hrmi.CDY CER'I'II i'Y TD 1\T ALL INFORMATJON I'IWVIOIW WITH TIIJS 1\l'l'L ·n d ~Jfi Cg l;r~J~~T
Slgnnturc or owncr(s) or nuthol'izcrJ pcrsnn If ow ner 's nnt hol'l7 nli on form is n t1 rtchcd: By ,t;Tt
~----~----~~
Printed or typed 11 11111cM: G,...,.r:::.e,.:.g_S_c_h_w_a_r_tz_e_n_b_e..:rg:...e_r ___________________ _
""""'"'''<'>' fZ ~ ADDni~SS ANU CON'J'ACTl~MATION Ol'l'lillSON TO ltE CgJYI( ALL CUIU tESr•O NOENCI!: REGARDING TillS
APPI~I CATION Nnmu : Greg Schwartzonbe rg er --~---------~-------------------------------------Mnllin:; Address : 28 Sherry Driv e Allanllc Beac h, Fl 32233
Ph one: 904-588·6397 FAX: N/\ 1!:-nm ll: orogschwortzc nb erg or@umnll.co m --------------------
EXHIBIT A
AGENDA ITEM #3A
SEPTEMBER 14, 2015
The review of an application for a Use-by-Exception shall consider the following items. Please
address each of the following as applicable to your specific application.
1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and
pedestrian safety and convenience, traffic flow and control and access in case of flre or catastrophe.
The ingress and egress to the property will remain as Is. A new entry wall offset further to the west of the property will make parking and hotel entry
safer and more pracllcal. Ills proposed that the COAB continue the painted crosswalk in the proximity of our h:Jlel entry/exit so that il continues to cross
Sherry drive and run into the sidewalk running easVwest on Ahern, rurtherdeflnlng the pedestrian designated crossing to Sherry Drive vehicular traffic.
2. Parking and Loading Spaces, where required, with particular attention to the items in ( 1) above.
Parking and loading spaces w\11 remain the same and wilhln compliance. The Palms has parking agreements as well w\th Berkshire Hathaway and
!he Presbyterian church lor overflow guest parking and oversized vehicles.
3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting
from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use-by-Exception
being requested.
Little to zero adverse impacts are expected. Our courtyard at presenlls a common gathering place lor guests and special events. Our lounge
concept essentially provides a covered area lor our guests to relax.
4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above;
A new dumpster location on Sturdivant, adjacent to other area business dumpsters, streamlines the process and there Is added safely by separating
the trash pick up area from guest parking.
5. Utilities, with reference to locations, availability and compatibility;
Utilllies in present slate are compatible and available lor !he lounge space.
6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided
between your use and the adjacent use. The screening and buffering will remain the same as what is In place. To the south, there
is and will stay a wooden property fence. The back of our hotel meets the back ollhe property lo the west (adjacent to Salt Air Motel.) To our North
is Sturdivant running Easl!West. To our East is Sherry Drive running North/South.
7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and
compatibility and hannony with properties in the District; (See Signs and Advertising, Chapter 17.)
No new signs or advertising will be added to the property.
8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan.
9. General compatibility with adjacent properties and other property in the surrounding Zoning District as
weii as consistency with applicable provisions of the Comprehensive Plan.
No change lo use.
Other infonnation you may wish to provide: This use-by-exception will allow us to offer an additional amenity to our guests and will
provide addiUonal revenue lor the business.
MA, SHOWING A SURVE:: i OF
LOTS 851, 852, 853 AND 854, PLAT OF SECTION N0.3 SAL TAIR AS RECORDED IN PLAT
BOOK 10, PAGE 16 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA
STURDIVANT AVENUE
(~0' RIGHT-OF-WAY)(PAVED)
LOT
850
BUILDING
NOTES:
LOT
837
l)lHIS IS A BOUNDARY SURVEY.
2)ANGLES AS PER FIELD SURVEY.
J)NO BUILDING RESTRICTION UNE PER PLAT.
4)NORTH PROTRACTED FROM PLAT.
99. 74'(FIELD)
100.00'
THE PROPERTY SHOWN HEREON APPEARS
TO LIE IN FLOOD ZONE wX" AS WELL AS
CAN BE DETERMINED FROM THE FLOOD
INSURANCE RATE MAP COMMUNITY PANEL
NUMBER 120075 0001 D, REVISED APRIL 17,
1989 FOR THE CITY OF AL TANTIC BEACH,
DUVAL COUNTY, FLORIDA.
"!lOr YAUD 111ll10Uf lHt SCNAliJR[ AND lH[
ORICIHAL qAISEll SEAl. OF A flOI!IOA UCf.I!StO
SUllvtYOR AHO >J#'PER."
URB
fGUNO 1/~"
IRON PI'P(
·r::]·~·
ATLANTIC BOULEVARD
(105' RIGHT-OF-WAY)
(STATE ROAD A-1-A)
THIS SURVEY WAS MADE FOR THE BENEFIT OF
28 SHERRY DR.,INC.
FIRST AMERICAN TITlE INSURANCE COMPANY
RICHARD G. HATHAWAY, P.A,
PONTE VERA TITLE, LLC
OCE.A.NSIDE 8ANK
JJJJ~
DONN W. BOA1WRIGHT, P.S.M,
FLA. UC. SURVEYOR AND MAPPER No. LS :3295
FLA. UC. SURVE'tlNG & MAPPING BUSINESS No. LB 3672
CHECKED BY: -=---
DRAWN BY: ~C"fR:>..T'-="=---
BOATWRIGHT LAND SURVEYORS, INC. DAiE: MAY-12-2006
1500 ROBERTS DRIVE
FILE If; 2006-489 JACKSONVILLE BEACH, FLORIDA ·· 241-8550 SHEET _J_QF L__
AGENDA ITEM #3A
SEPTEMBER 14, 2015
SIOZ 'tl H:!IlU\l:!IJ.d:!IS
Vf# W:!IJ.I VGN:!I~V
...
&
~~~iii ~m:§;
~ "'U r
a;
~~ 't ~ ~ ~~ ~ -----t:2 \)
1' -<-,;t;.l f..., ___ d ~~6 : ._.u --.J
~--I ~ni
iii
.9
·-..
~
~~~
i;'j
'~i~
~ e ~ • e e "
e. m~l b ;;;;~;;;;:;lif28 SHF.RRY HOTEL FORMERLY PALMS RETRO HOTEL. ~:n'l! r~m~k~
28 SHERRY STREET ATLANTIC BEAC~, FL l
1
JiQJl\J ~
, h,t.Mtlt'fulu't ttfut&tllfu±thllrfut±ll"'t"!iPl W L o R 1 O A , llD I I I I 1-...-----"--.W t
-<>
-<>
-o
-<>
-o
-<>
...
·9
-<>
e -<Jb
• ' '
NEW
SOUTHEAST PERSPECTIVE v.· .......
SOOTi!I'IEST PERSPECTIVE
0 0 • 0 0 0 •
0 •
NEW
NORTHWEST PERSPECnVE ,. ... , .....
\~'/
NOimi'I'IEST F~ECTlVC )', ...... ,.,..li.UJ
.. •
. ..... ~
·-rE
::!~~ . ..~ , ..... ,. .... .... ~~.
c·:'===== ~
/\GENUA 1'1 EM :
SU IHVII 'I rtm 13 Y:
DAT I::
C l'l Y OF ATLANTIC UI ~Al'll
C'l'I'Y COMM ISS ION MI£J'JNU
ST1\Io F RE PO ifl
I 089 Al luulic Do ulcvu rd I Ieight Wnivcr
Jeremy lluh~c h /l},
Buildi ng und Zo ning Direc tor ~'f
1\ ugu sl 6, 20 I S
AGENDA ITEM 11313
SEI'TEMBER 14,201 5
B t\CJ<G ROLJ NI): T ho np plicunls, A shl 1111d l r~vus tn11.:n t o; i nh.:nd In rcduvul!lp th eir ex ist ing sl o mg~.: lilc ilil y
fl t I OH <) t\tlanl ic Unul cvnrd. 'J'hc redcvolnp 1110111 iuclwlus th u rulliOVnl or thrcu sto ra ge bui ldings Oi l Ill ~.:
eustcrn plw lion o/' lh o pm porl y nnd th e co nstruct ion of'u new l hrcc story strwogu li u.:i l i l y. T hu 11 pp lh.::n1t l
havu submi tt t.:d pl nns I<.' th e C i ty whi ch show l wo Slllfl ll ll l'cm; or th e proposed Stl'l lChll\! th ut uxcccd th e
City 's 15 fno t height limit (sol: 111tn ·hl'd rc ncl cl'ings). T hcsu ;uuw; IHWil.l cl cvn tnr ~h nfl N und ulcvn tor
ClJII j plllllnl.
Sec tio n 211-17 o l'thu Laud Dtwclopm ont Cndu st n lc.~. "hoiulil o l'lmi lding sl w lltllCII II th e VC I'ticul dislllllL'C
f"I'Oil l t fl t.: 11 pp ficnh fc beg inning point o f IIIC:ISll l ClllU IIt to the highes t po int of II bl lifcling's roof .SI I'II Ctii i'C 01'
fllllnpcl, uucl nny allnchm enls th ereto, c:xc lu si w of ch i uuwys''. 1\ccnrcli ug to thn l dc l1n i tio 11 th e uul y
porliOII or ll ~lni C llii'C tha t sln ll' Cll ll IIJ1J1 1'1)VC 0\10 1' JS lcu t l nll is II chi i1111 CY. l l liWCVCI', th e t.:Pdt.: fl llrl C it y
C'hnr lc r ullows liw n wnivc1 to th o height rcq uirc111cu ts. Scc til)ll 59 ol' lh o C i ty Chnrtc r st11t os, "l hu C ity
co111111 iss io n Ill flY Hpprovo, JHI I'SII tlll t to !he app li cnb lc scc t ion or the 'it y 's I fi nd duvc lopmc ut rugulnl ions,
t cqu cs ts lo excee d th e 1nnx im um buildin g heigh! or thirty -li ve (1 5) fee t fo1 ex terior nrc hi tcd uru l cbig n
clcm c ut s, ux tcri or d ec ks or pnrchcs 1Vit hin IIOIII'CS i dculiul lnud I ISO co tcgo ri cs H" d o!>i g u :~tc d by l h ~ lu turu
lnll(l usc n1 np of tlw ado pted Cll mprc hcnsivu pla n, for llll ll rcsid cutia l dcvc l opu lcut." Sec tion 2'1-156 slnh:s
cxcc pl iou.s to the 35 fool height l imit , ".s hull uxc lud c signagc, sl or.1gc spn cc tlr habitnb lc ·pa ce :1;; dotincd
by lhu F loridn ll ni ld i11 g 'odo." Th e Ci ty's Building (J J'n ciu l co usido rs the req uested cxccp t in11 s ol the
heig ht lim i t tn he nwclwnic:lf i u 1111lnrc and not sigu a g~ • .s!ura gc, or hnbit;1ble ~p11 co.
Ul JI)(if\T: Nonu.
R I ~COM M I ~N 1)/\'f'ION : 'o11 .,idcr approv nl uf' I OH9A lf:lllt ic !1oul cv ar<l lleight Wa iver
1\ ITAC II MENTS : IIJXCJ At lnutic B ou ll:vnrd Wni vc r t\pp l iculion, in c l11ding ex h ibit~
Date
AGENDA ITEM# 3B
SEPTEMBER 14, 2015
APPLICATION FOR LAND DEVELOPMENT REGULATIONS WAIVER
7-24-15
City of Atlantic Beach · 800 Seminole Road ·Atlantic Beach, Florida 32233
Phone: (904) 247-5826 · FAX (904) 247-5845 · http://www.coab.us
---------------------File No.'----------Receipt-------------
Section 24-46 (d) permits the City Commission to authorize limited Waivers, on a case-by~case basis, from a
specific provision(s) of these Land Development Regulations when it is demonstrated that compliance with
such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A
Waiver from these Land Development Regulations may be approved only upon showing of good cause, and
upon evidence that an alternative to a specific provision(s) of this Chapter shall be provided, which conforms to
the general intent and spirit of these Land Development Regulations. In considering any request for a Waiver
from these Land Development Regulations, the City Commission may require conditions as appropriate to
ensure that the intent of these Land Development Regulations is enforced. A Waiver shall not modify any
requirement or term customarily considered as a Variance or any requirement or term prohibited as a
Variance, and shall be considered only in cases where alternative administrative procedures are not set for the
within the City Code of Ordinances.
1. Applicant's Name __ A_s_h_l_a_n_d_I_n_v_e_s_t_m_e_n_t_s_.:_, __ I_n_c_. ________________________ _
~ App~a~'sAMr~s_7_B_B_O __ G_a_t_e __ P_a_r_k __ w_a~y __ S_u_1_._t_e_3_0_0~,~J __ a_c_k_s_o_n_v __ i_l_l_e_F_l __ 3_2_2_5_6 ______ _
3, PropertyLocation 1089 Atlantic Blvd. Atlantic Beach, Fl 32233
4. Property Appraiser's Real Estate Numbe1· ____ 1_7 __ 7_6_1_6_-_o_o_o_o __ ~----------------
5. Current Zoning Classification CG 6. Comprehensive Plan Future Land Use d~ignation CM
7. Requested provision(s) from which waiver is sought: Article III -Zoning, Subsection
24-156 -Exceptions to height limitations
8, Size of Parcel ___ 4_. 6_5 _________ 9. Utility Provider JEA
10. Provide all of the following information:
a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner, a Jetter of authorization from the owner(s) for applicant to
represent the owner for all purposes related to this applicatton must be provided.
b. Survey and legal description of property.
c. Required number of copies (2)
d. Application Fee ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Pdntododypod~~~l Whitfield .
Slgn•tn"('): ~ k::X..~
AGENDA ITEM# 3B
SEPTEMBER 14, 2015
ADDRESS AND CONTACfiNFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING TillS
APPLICATION
Name: Randall Whitfield
Mailing Address: __ 7_8_8_0_G_a_t_e __ P_a_r_k_w_a-'y"-'-, _J_a_c_k_s_o_n_v_i_l_l_e_F_L __ 3_2_2_5_6 _____ _
Phone: 9 0 4 -9 9 2 -9 0 0 0 Fax: 904-992-93 8 9 E-mail: randall j ax®yahoo. com
10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with
Section 24-46 (d) of the Zoning and Subdivision and Lanlf Development Regulations and specifically
describing how the request complies with the Conditions necessary for the City Commission to approve this
request. Please attach additional pages if needed.
We are requesting relief for the following item:
Allowance of an appurtenance which exceeds the maximum thirty-five
(35 1 ) height pursuant to LDR Section 24-10 (f) (2) .
The building will replace an existing building and will greatly
improve the appearance of that area within Atlantic Beach. We
have made numerous improvements to the property and with this new
building, we will continue to make other improvements. The
proposed building has a maximum thirty-seven (37) 1 building height.
Article III -Zoning, Subsection 24-156 -Exceptions to height
limitations and Article XIV -Zoning, Section 59 states that the
City Commission may approve, requests to exceed the maximum
building height of thirty-five (35) feet for exterior architectural
design elements, exterior decks or porches within non-residential
land use categories. The subject property has a commercial land
use and a commercial zoning.
The majority of the proposed building meets the City's maximum
height requirement with the exception of two (2) small areas
(south & west sides)that house the elevator shafts and elevator
electrical equipment. "Appurtenances on Buildings", are usually
required to be placed above the roof level of a building and not
intended for human occupancy. These 11 non-habitable 11 spaces allow
for maintenance to occur and are located away from the front of
the building and will be difficult to from ground level.
We have worked diligently with the City on the architectural
appearance of the building. We will provide the most recent
approved elevations along with the requested roof plan and line
of sight perspective drawing.
-----------·---··---··-·
OWNER'S AUTHORIZATION FOR AGENT
AGENDA ITEM# 3B
SEPTEMBER 14, 2015
______ R_a_n_d_a_l_l_W_h_i_t_f_i_e_l_d _______ ~--is hereby authorized to act on behalf of
_____ A_s_h_l_a_n_d_I_n_v_e_s_t_m_e_n_t_s_,_I_n_c_. ________ ,, the owner(s) of those lands described
within the attached application, and as described in the attached deed or other such proof of ownership 'aS may
be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development
Permit or other action pursuant to:
Print Name
Wf--~%2--7co.
Telephone Number
State of .f/
County of )v.,va)
/
Signed and sworn before me on this :J. '/ ~
By ~/JU)~
day of, 20L~
Identification verified: __ ·-nrvr--------
Oath sworn: ____ Yes ____ ___;No
Notary Signature
roi'IH nMUlOIW WAIII'\AIIf• -'tP
(CORl'OR/\.TB)
TUIS INDENTURE, Made lhls 27th day ol !1arch , A. D. lD 81 BE'I.'WJ!EN
ATLANTIC BEACH t1INI ,STORAGE, INC.
a ·corporation organ.Jzed and existing under the laws of the State o( Florida
ollhe County ol Duval , State ol Florida , party of the !Irs! part, >nd
ASHLAND INVESTHEHTS, INC., a Florida corporation, 6 29 Atlantic
Bouleva~p 1 Atlantic Beach, Florida 32233 1
ol the County of Duval , Slate of Florida , party ot the second 11a.rt,
WITNESSETH; that the :inid party of the first part, -tor and In consfderatic,.n ot the sum of
TEN and N0/100 ---------------------------..,-------------------Bollar.,
to it in hand paid by the saJd part y of the second par~ the receipt whereof !5 hereby
Pcknowledgcd, has grante~ bargalned and &old to ~ said part y ot thl! .second
pa:d, l. ts successorS X~l{ro1d assigns forever, the following des~ribod land, ~itua.te, lying end
being in the County of Duval , Stale of Florida, 1<1 wit:
·See Exhibit A hereto attached,
This Instrument was prepared by/
HARRY G. KIIICAIO
(1i!GI!T, KINCAID, POUCHER & HARRIS
1030 American Harnage Building
Jachonv\Jie, Florida 32202
·,·
And the said party of the first part does hereby fully warrant the UUe to said 1and, and wlll defend the
same against the lilw!ul clalms of all ,Persons whomsoever,
In Wltncss \Vheroof, the said party o! the llrst part has caused th.1s InStrument to be ex.ec.uted in ils
nam• by it.o President and caused Its Corporate Seal)ll{~m!X>:llltl'll&«Kll\l}Yl(lo be hereto affixed
the day .and yea:r first above wrllt.en.
(CORPORATE SE/\.L)
~
By:
Its Secretary
+-~Sealed l.n Our Presence• ~~=:=,
COUNTY OF DUVAL · )
Ils Preslden~
Belora me p~rsonolly appeared _________ ,!i~_l!J?l! _____________ Rom--------------:--------------
the ________ President ot_A'!'_:t;,~I:!T..).:Q __ JllH\.Q!L!1ln:J: __ ft'l'.QRI.\..G.J::.,___r~c ,,
a COil, Oration under the laws of the State o! FlorJ.da , to "if well known to be the JndivJdu;~.1. and .a f.Lcer
g:~~~do~n afT~cw!~t ~~cu.f~~ t~ ~~tt~,ififc~~'th~:!t~n1uly ~uthorf::d~0 ~d~t \~~ e:rfi~~\0 ~e~~~iiJ~
corporation is duly affixed thel'eto, an[{ the said convayant!e is the act and deed ot said corporaUon.
WlTNESS my hand and official seal this _ _?}.:!;)! day ol ____ M;:u;p_b_ _________________ , __ , l9_Jl.:L,
• Jacksonville 1 t ---------------------------------• County aod Stat oloreso d.~ ./ ,
~~ -PuGit~ r,:;-;;iia-1c;•~~~n~~-.;i\f;;~;·;;id~
Mylcornn'llssion expires:
Hr.t<rr Puhk Si.oll> ol FlcN. •I lvl!'>
~ty Com~;,,;.. h:W> f(.,r. 16, 1%2
hUll It,...,., ... (,,.. CAr,..., c,,.~~f
AGENDA ITEM # 3B
SEPTEMBER 14, 2015
/"
.. ~~··-----~·
,/ ..
•"::.·:;. .. :. ~ .... ,. :·
·. . ~-·'· ;.·· .
.•
: ... . ·:
. . -~ . , .. ,:-...
,, .·· .
:? ·:.!·
~·:-.r:
... ··
EXHIBIT "A"
A part of the Castro y Ferrer Grant, Section 38, Township South, Range 29
East, Duval County, Florida, more particularly de~cribed as follows:
For a point of reference ~ommence at the intersection of the Southerly
projection of the Easterly right of way line of Hoyport Road with the \.lester:ly
projection of 'the Northerly right of way line of Atlantic Boulevard; thence
North, 89°19' 35" East, almig said Westerly projection of the Northerly right
of "BY. of Atlantic Boulevard, and along the llortherly right of way line of
Atlantic Boulevard, a distance of 360,00 feet to the point of beginning;
. thence North o•4o'25" Nest, a distance. of 335.75.feet; thence North 89°19'
'35" East, a distance of 382.27 feet; thence South ]0 04'25" East, a distance
of 337.86 feet to the aforementioned Northerly right of way line of Atlantic
Boulevard; thence South 89°19 1 35" liest, along said llortherly right of way
line a distance of 420.00 feet to the,Foint of Beginning. ·
-..
... . · .. · .
. . . ~.: . ····· .. · ....
t
,.
.···
. .:·
.5: .· -·-··.·· ···-·-----···
AGENDA ITEM# 3B
SEPTEMBER 14, 2015
I
I
I
I
I
I
I
I
I
I
I I
&
'I'
a
i
' . Us
'"' 'fil i i
MAP SHOWING SURVEY OF
xmi~c ..
F v /
-~....,._ -.,: .
.:
'" '. ... ,
% .
, . ., e X
HI i
• ,. ~~~ ; .
II ! .,, Hi q ".··., i'l .. • F . i
M s-r~~ft~WE:-.-:
" /
~
I /I '·
(
> 1. :
' s i
r
ni ! -~ ' ( I. ,. gi t!~ ' , ·cr t~ ' l ~ I•
' H H ;, ,._
f
ATlANTIC BOULEVARD
:P~CIIooe<OO.....-._ ....
t'C"f'•OtiiOl!rl•.-;
\
; L }
-------------.......,.,_ .. .._ .. _...,..
~~==~ ------· ... ...o---·---............... ~"C~-.t .. ,.e;,.. .... .-c.,""""~ ....... , ... .....
~=~ :=;;':s.---..=::=-.. -c: ___ _...~
-~~&.~~
BOAn'IR G T LAND SURVEYORS in c. 1500 ROBERTS DRIVE
....-.~ ... ~ ......
-~··
___ ,_
:::::-~":..'\":.
JACKSONVILLE BEACH FLOR DA
ae,~~...:I:ICIISC"~fCP A:io<
""""""'-""-
OO:'itf "-~~t.P.:;.JC.
1\.0UIA uc:. :;urN:n:A llflod w.A.J~~m "'--1,.:; 3:tQ
,~ut.~ .. ~~· .. u.:;c."JT
e -.
....
"' 0 N co -g~ .. ..
0 --l .:;; I:)"' .... ...
':.;i
0 c ...
en ~ ~
.~ <P'l c "'.2 .!': 00 -
< ~ c
.!': <
•
I
5 !
:~ !~i
~~ :~fl !:• ~~~ -d ~ .. i
~
--~=n ~~ • . . . . -----~~ ~~~ ~~;;; ~11= ----...
-.-:.:.:-
~-.,._ .... _. ---.... -"' ...... _ .. __ ..,.
<:>"""'-·' --0...,..,......._ ..
----· 0;~--··--
-
888 ~ w
----1-1.!. ------"' .. .. .. .. .. .. .. .. • . .
~
.._1
M ., ... ... ....
"' ~r'l 0 -.....:~ .;; IX! a,
.... -~ ..
u Q~
:n .. ...
.2 ~~ c C\ .2
!: 00 c < g ~ <
----• . .. "'
0 1
I
Sight
= I
~
p::
'--
c:.::..oo::: r=-:;._ !". /
nw.~
"
~IUII 1 11 1 L~~~
=-~ ~
~ ~ ~
E=:===:=
I /
111111111111111111111
~ [T
= I
fiTI I. Cl Ill::!
!/ ~ v
: ~-= ~-:-~-
-. 1----1 =------
A2.1
lltl~ntic Self StorJgc
Blu~
®l,&:Su~-
4" MODUl..AR
BRICK VENEE R
F IELD COLOR
f'hJIZ>_'..&:._
~FLR
SW6143
Basket llcigc
SW61 4 1
SohcrT~n
SWi'03S
/\esthe ti c Whil e
SWi'OOS
l'urc Wh ite
50UTI4 E L E VATIO N
c O t"'fl"'e'-c~.:t( L .:n Y icio.r ~n-d ~·r.:l)
7'~ 1/,Jj:;JZ
'). (I 7 ( :J,Q t 5
AGENDA I TEM:
SUBMI TTED BY:
DATE:
BACKGROUND:
BUDGET:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
A GENOA ITEM IJ 3C
SE PT EM LU!:R 14,2015
Short Purcha se and Sa le Agreement for 280 Ca mclia Street, Benn e tt Prop erty
Ne lson Va n Liere, City Manager~
Septe mber 3, 2015
The Ci ty has been contemplat in g makin g a short sa le co ntract offer to purchase 280 Camelia
Street known as the "Benn ett Prope rty". The a tt omey fo r the properly owner, John November,
and the C ity Attorn ey have bee n wo rkin g on a contrac t to prese nt since th e item was last
discussed at our meeting on August 24, 2015. Since that time, the City ha s also obtained an
a pp raisa l that is being reviewed. The appra isal of the property wil l serve as a bas is for what the
Ci ty wo ul d be willing to pay fo r the property .
This item is bei ng pl aced on the agenda for ac ti on while the term s of the contract arc still bei ng
worked out so that it may move forward as soon as it is ready. The C it y Commission may defe r
action and ca rry tile ite m forward depending on the timin g of the rece ipt of th e co ntract and the
desire to move forward with th e offer.
There curren tl y is no budget fo r this act ion. Funds arc availab le within the unre stricted fund
bala nce o f the Genera l Fund . If the deci sion to purch ase the pro perty is app roved, the City will
need to fund the contract Thi s wou ld be accomplished with a mid yea r budget modifi cat ion
ord inance. The budget amendmen t wou ld be to a mend the 20 15-L6 operating bud get once it is
pas se d on the seco nd reading, th e last mee tin g in September.
RECOMMENDATIONS:
ATTCHMENTS :
Authori ze th e City Attomcy and the City Manager to proceed with the necessa ry
purchase offer for 280 Ca meli a Street and to propose a mid yea r budget ordin a nce to
fund the co ntract for a sp ecified a mount plu s to be detennined closing costs.
I . Unexecut ed Short Sa le and Purchas e Agreement fo r 280 Ca me lia Street, Bennctl
Prop erty. (to he pro vided)
2. Appraisal of280 Came lia Street, Atlantic Beac h (to be provided)
3 . Resident Petition indicating s up port f or the purcha se (to be provided)
Pro ject Name Proj ec t No.
Reclai med W ater Facili t y PUOSOS
l nline Valve Inst a llation PU1404
PU1408 &
Efflu ent Outfall Replacement PU1504
Con n ect Water Main across AlA t o
Mallard Cove PU14 10
Up da t e Water M ode ls PU1502
We ll Logging PU1501
Replace Water Main on Se m in ole Rd.
Fr om A tlantic Blvd. t o S-Way PU1503
Li ning of wet well at Mim osa Cove lift
st ation PU1505
Li ning of wetwell a t Fairway Vi llas lift
station PU1506
Clea n & Te levise Gra vi ty Outfa ll to ICW PU1507
Fe nce/Wall at WWTP PU1508
Re place Irrigat ion system with re use
syst em at WWTP PU1 509
Russell Ten nis Court s 1&2 PM1401
Russell Park Renovation PM1501
Bull Pa rk Playse t PM 1504
Dutton Island Roa d Improvements PMlSOS
Marsh M u ltipur pose Path PW1408
M ars h Ove rl ook & Kayak l aunch PW1409
Roberts Street Di t ch PW1404
PW1406&
Sa ltair d ralnage/Stru dlvant sidewalk PW1411
PW1407
Sem i nole Streetscape PW 1412
Bike Racks & Show e r @ Beach accesses PW1501
Fran cis Avenue Drainage
Improvements PW1502
Bego nia Street W6th t o W9 t h PW1503
Cit y Hall Pa rking Light Im provement PW1504
City of Atlantic Beach
Major Public Works Projects
F¥14/15 -Status 8/28/15
FVlS Budget Project Activit y
Utilities
$1 35,399 Proj ect comple t e
$36,515 Complete
Design com plet e. DEP & ACOE permit s
receive d . Awaiting perm it from Coast Gua rd
$331,62 5 -Wor k )oint f or 3 Beach Cities
$126,662 Proj ect complete
$30,000 Cons ultan t p utting system In t o model
Proj ect de layed. Wi ll complet e modeling
$30,000 project first
Design und erway-pa rt o f Seminole Road
$700,000 Str ee tscape pr oject
$19,505 Complete
$20,341 Complete
$15,218 75% Compl ete
$80,000 Bids r eceived on 7/15 were over bu dget.
$20,000 Perfo rm i ng with Ci t y forces.
Parks Projects
$98,136 Complete
Swale savings allowed t he f ollowing In this
yea r b udget.
1. Fencing awarded 7/13. Wooden fen ce
n ea r compl et ion . Backstops after Baseba ll
se as on.
2. Multipur pose t rail bids awarded 7/27 3.
Concession stand concrete replacement
$250,000 aw arded 7/27. Concrete removed .
$75,000 Complet e
$25,000 Will not need.
$97,220 80% complete -permitting underway
Const r uction st arted 7/6. Completion
$300,000 sc h ed ul ed 9/18.
Public Works Projects
$14,213 Construction compl et ed by DOT
Cons t ruction st arted 4/20. Co m ple tion
scheduled 10/16. 8-24 -Com miss ion
$382,700 de let ed work o n David & Sylvan
$966,660 Des ign 95% complete
$20,000 Complet e
$9 1,386 Complete· Fi na l inspection 7/22
$30,000 Design comp let e.
$1 0,000 PO Iss ued. Co nst ruclon pend ing
Notes
AG ENDA ITEM fi 4A
S EPTEMB E R 14,2 01 5
PU1408-Design/Permltting,
PU1504-Construction
Final inspection 6/1 7
In FY 1 5/16 Budget
Design 95% complete
Resea rch ing
75% complete
Drainage swa l es comp let e by Ci t y
f o rces savi n g approx $2SOK.
Com bined With F115/16 project
Design only FY 14/15
SO% FINO Fu nding
Fun ded f or design o nly
Stur divant sidewalk, M agnolia &
Po insettia swa les substantially
compl ete
Bid d ing this fall
CDBG funding
Design onl y FY 14/15
AGENDA IT EM:
DATE:
SUBMITTED BY:
BACICGROUND:
BUDGET:
RECOMMENDATIONS:
ATTACHMENTS:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM # 48
SEPTEMBEil 14, 2()l5
Contracts with Organizations Providing Recreation Programs at
City Facilities
August 6, 2015
Timmy Johnson, Recreation Oirector {/J
Several organizations have been offering recreational progr ams at
City facil i ties for many years. The Atlantic Beach Experimental
Theater (ABET) provides plays and theatrical e vents fo r public
participation and entertainment. The Atlantic Beach Athletic
Association (ABAA) provides two seasons ofT-ball, softba ll , and
baseball eac h y ear. Ten nis professiona l Brecht Catalan provides
tennis lesso n s on Atlantic Beach courts. In the past, eac h of these
organizations entered into a contract with the City of Atlantic
Beach which included the payment of a fee for the use of the
faci lities. These co ntra ct s have been updated for City Commission
approval.
The organization/person under contract provides opportunities
for inclusion and participation for low income r esidents who may
not otherwise be able to afford to participate.
The fee in the contracts is $200 for the year, which is consistent
with previous years.
Authorize the City Manager to sign the attached contracts with
ABET, ABAA and tennis professional Brecht Cata lan
ABET Proposed Contract
ABAA Proposed Contract
Te nnis Professiona l Brecht Cata lan Proposed Contract ..
REVIEWED BY CITY MANAGER:~ 1/~ L(U..G..
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGREEMENT made and entered into this day of _______ _
AGENDA ITEM# 4B
SEPTEMBER 14, 2015
at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC
BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida
32233 (hereinafter "City"), and Atlantic Beach Experimental Theatre of Atlantic Beach,
Florida (904) 249-7177 (hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility:
The Adele Grage Cultural Center Theater, and,
WHEREAS, Renter desires to use said public facility on a recurring basis such as
daily, weekly, monthly, during a particular season, or the like, which is more than
a one-time use, and therefore a long term use, and
WHEREAS, the pm1ies are in complete agreement regarding the terms set forth
herein.
NOW THEREFORE, in consideration of the covenants and promises as set forth herein,
and any rental payment made hereunder, and other valuable consideration, the receipt and
sufficiency of which is acknowledged by both parties, it is
AGREED AS FOLLOWS:
1. Length of Rental Term: This agreement shall nm from October 1, 2015 through
September 30, 2016.
2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall
pay to the City the annual fee of $200.00 at the tin1e of signing this agreement.
Renter shall provide the City with a copy of its tax-exempt form or other proof or
evidence satisfactory to the City Manager of Renter's non-profit status.
3. Conditions: This agreement is made and entered into upon the following express
covenants and conditions, all and everyone of which Renter hereby covenants and
agrees, with the City, to deep and perform:
a. No fees or admission costs shall be charged to the public unless approved
in writing by the City Manager.
b. No use of alcoholic beverages shall be permitted without the written
permission of the City Manager
AGENDA ITEM# 4B
SEPTEMBER 14,2015
c. Renter shall provide to the City a copy of audited financial statements if
requested. In the event audited financial statements are not available,
renter shall provide all supporting documents and financial statements.
d. Renter shall insure compliance with all city, state and federal laws, as well
as any rules and regulations of the City for the government and
management ofthe public facility, together with all rules and requirements
ofthe police and fire departments ofthe City.
e. Renter shall allow no discrimination based on race, sex, age, religion,
national origin, disability or otherwise.
f. Renter shall make no alterations to the facility of a permanent nature
without the express written consent of the City Manager.
g. Renter's use of the facility is not exclusive outside ofthe dates and time as
set forth below.
h. Renter shall leave the facility available for use by other parties if other
activities are scheduled or upon the request of City staff. This may
include removal and storage of Renter's property.
i. Renter shall correct any discrepancies noted by the City. Should the City
require corrective action, such action shall be the financial responsibility
ofthe Renter.
J. Renter shall provide a written account of all security key cards to the
facility in possession of Renter at the end of the contract. If renter cannot
account for all keys, Renter will incur the cost of canceling the lost card
and issuing a new one. One key will be provided at no cost to Renter and
any additional keys will require a $20 per key fee at Renter's expense.
k. Renter shall maintain at all times during the lease term at Renter's cost, a
comprehensive public liability insurance policy protecting the City against
all claims or demands that may arise or be claimed on account of Renter's
use of the premises, in an amount of at least $1,000,000 for injuries to
persons in one accident, $1.000,000 for injuries to any one person, and
$1 ,000,000 for damages to property, the insurance shall be written by a
company or companies acceptable to the City and authorized to engage in
the business of general liability insurance in the State of Florida. Renter
shall deliver to the City satisfactory proof or evidence of such insurance,
and shall name the City as an additional insured under said policy.
2
AGENDA ITEM# 4B
SEPTEMBER 14, 2015
1. Renter may apply to the City Commission of Atlantic Beach for a waiver
of this insurance requirement. The City Commission shall consider such
application for waiver on a case by case basis, taking into account the
length ofthe lease term, use ofthe public facility, number of persons
involved in said use, cost ofthe insurance, and any other factors submitted
by Renter which unique and particular to the Renter.
m. Renter agrees to indemnify and hold harmless the City from any and all
liability, defense costs, including other fees, loss or damage which the City
may suffer as a result of claims, demands, costs or judgment against it,
arising from all activities engaged in by Renter in its use of the following
public facility: Adele Grage Theater
n. Renter will provide a mechanism to assure that children are not denied the
opportunity to participate due to their inability to pay the registration or
other related fees.
4. Additional provisions agreed upon by the City and Renter: The Adele
Grage Cultural Center is scheduled for use by several groups, sometimes at
the same time. The Recreation Department is responsible for scheduling use
of the facility and being as accommodating as possible. At the same time,
groups using the facility must show consideration for others using the facility.
The City and ABET have agreed to the following:
• ABET shall keep the facility clean and presentable for public showing
and use by others.
• ABET shall be responsible for the building and it's belongings while
utilizing the facility.
• ABET shall provide a reasonable use calendar for the length of the
contract. The City retains the right to rent the facility to others and use
the facility for City events.
• Access to the facility will be based on the schedule of events shown on
the calendar.
e All use of the facility must be scheduled through the Recreation Office
in advance (one day notice).
• ABET can request use of the community room and theater whenever
the facility is available; with the understanding that paid renters have
priority.
5. Delivery of Facility: The City shall deliver the facility to Renter in good
working condition, with any necessary facilities and utilities, and in clean
condition.
3
AGENDA ITEM# 4B
SEPTEMBER 14,2015
6. Control of Building: In renting said facility to Renter, the City does not
relinquish the right to control the management and operation of the facility,
and the City Manager or his designee may enter the facility and all of the
demised premises at any time and on any occasion.
7. Assignment: Renter shall not assign this agreement nor suffer any use of the
facility other than herein specified, nor sublet the facility or any part thereof,
without the written consent of the City.
8. DEFAULT: In case the Renter shall default in the performance of any
covenant or agreement contained herein, and such default shall continue for ten
(10) days after receipt by the Renter ofwritten notice thereof given by the City,
then the City, at its option, may declare this agreement ended. In that event,
Renter shall immediately remove all persons and its property from the facility,
and failing to do so, the City may cause such removal either with or without
process of law, at Renter's expense. These expenses shall include, but not be
limited to, reasonable attorney's fees incurred by the City, whether suit is filed
or not."
IN WITNESS WHEREOF, we have hereunto set our hands and official seals this
__ day of ______ _
CITY OF ATLANTIC BEACH
By: ---------------------
Its:
"CITY"
4
AGENDA ITEM# 4B
SEPTEMBER 14,2015
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGREEMENT made and entered into this day of~ ________ _
at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC
BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida
32233 (hereinafter "City"), and Atlantic Beach Athletic Association of Atlantic Beach,
Florida (904) 249-2985 (hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility:
Jack Russell Park Baseball Facilities and Concession Building Sunday through
Saturday and Donner Park Baseball Facility on Monday, Thursday, Friday and
Sunday and,
WHEREAS, Renter desires to use said public facility on a recurring basis such as
daily, weekly, monthly, during a particular season, or the like, which is more than
a one-time use, and therefore a long term use, and
WHEREAS, the parties are in complete agreement regarding the te1ms set fotih
herein.
NOW THEREFORE, in consideration of the covenants and promises as set forth herein,
and any rental payment made hereunder, and other valuable consideration, the receipt and
sufficiency of which is acknowledged by both parties, it is
AGREED AS FOLLOWS:
1. Length of Rental Term: This agreement shall run from October 1, 2015 through
September 30, 2016.
2. Amount and Time of Payment: Renter, in exchange for use ofthe facility, shall
pay to the City the annual fee of $200.00 at the time of signing this agreement.
Renter shall provide the City with a copy of its tax-exempt form or other proof or
evidence satisfactory to the City Manager of Renter's non-profit status.
3. Conditions: This agreement is made and entered into upon the following express
covenants and conditions, all and everyone of which Renter hereby covenants and
agrees, with the City, to deep and perform:
a. No fees or admission costs shall be charged to the public unless approved
in writing by the City Manager.
b. No use of alcoholic beverages shall be permitted without the written
pe1mission of the City Manager
1
AGENDA ITEM# 4B
SEPTEMBER 14, 2015
c. Renter shall provide to the City a copy of audited financial statements if
requested. In the event audited financial statements are not available,
renter shall provide all supporting documents and financial statements.
d. Renter shall insure compliance with all city, state and federal laws, as well
as any rules and regulations ofthe City for the government and
management of the public facility and ABAA by-laws, together with all
rules and requirements of the police and fire departments ofthe City.
e. Renter shall allow no discrimination based on race, sex, age, religion,
national origin, disability or otherwise.
f. Renter shall make no alterations to the facility of a permanent natme
without the express written consent of the City Manager.
g. Renter's use of the facility is not exclusive outside of the dates and time as
set forth below.
h. Renter shall leave the facility available for use by other parties if other
activities are scheduled or upon the request of City staff. This may
include removal and storage ofRenter's property.
1. Renter shall correct any discrepancies noted by the City. Should the City
require corrective action, such action shall be the financial responsibility
of the Renter.
J. Renter shall provide a written account of all keys to the facility in
possession of Renter at the end of the contract. If renter cannot account
for all keys, Renter will incur the cost of re-keying or changing of the
applicable locks. One key will be provided at no cost to Renter and any
additional keys will require a $10 per key fee at Renter's expense.
k. Any exclusive use shall be as set forth below. The use of the facility in
addition to the exclusive use periods shall be requested through the
Recreation Director under the general rules, i.e., a facility may be
requested for shmi term use by applying for such use after the 15th day of
each month for a day or time period within the next month. For example,
any organization requesting the short-term use of a City facility in the
month of February could apply for such use after the 15th day of January.
2
AGENDA ITEM # 4B
SEPTEMBER 14, 2015
I. Renter shall maintain at all times during the lease tenn at Renter's cost, a
comprehensive public liability insurance policy protecting the City against
all claims or demands that may arise or be claimed on account ofRenter's
use of the premises, in an amount of at least $1,000,000 for injuries to
persons in one accident, $1,000,000 for injuries to any one person, and
$1,000,000 for damages to property, the insurance shall be written by a
company or companies acceptable to the City and authorized to engage in
the business of general liability insurance in the State of Florida. Renter
shall deliver to the City satisfactory proof or evidence of such insurance,
and shall name the City as an additional insured under said policy.
m. Renter may apply to the City Commission of Atlantic Beach for a waiver
of this insurance requirement. The City Commission shall consider such
application for waiver on a case by case basis, taking into account the
length of the lease term, use of the public facility, number of persons
involved in said use, cost of the insurance, and any other factors submitted
by Renter which unique and particular to the Renter.
n. Renter agrees to indemnify and hold harmless the City from any and all
liability, defense costs, including other fees, loss or damage which the City
may suffer as a result of claims, demands, costs or judgment against it,
atising from all activities engaged in by Renter in its use of the following
public facility: Jack Russell Baseball Facilities and Concession Building
and Donner Park Baseball Facilities on Monday, Thursday, Friday and
Sunday
o. Additional provisions agreed upon by the City and Renter: Renter will
actively recruit in low income areas, and provide scholarships, ''work for
play" or other mechanisms to assure that children are not denied the
opportunity to participate due to their inability to pay the registration or
other related fees. Number of scholarships will not exceed 7.5% of total
registered players for that season.
4. Exclusive Use Dates and Times:
a October I through November 30
• January 15 through May 31
"' August l through September 30
• The City retains the right to rent and use the facility at other times not
specified for use by the Renter.
5. Delivery ofFacility: The City shall deliver the facility to Renter in good
working condition, with any necessary facilities and utilities, and in clean
condition. "Renter agrees and understands the City intends to make
improvements to the property (e.g. drainage). Renter further understands the
facility use may need to be delayed or suspended during the time necessary
for completion of the improvement'>."
3
AGENDA ITEM #4U
SEP'l'EMllER 14,2015
6. Contro.l of Fac ilit y: In rent ing sa id faci lity to Renter, the City does not
relinq ui sh the r igh t to conti'OI th e management nnd orerat ion or the faci lity,
ami the City Manager or his dcsignl:C rnay en ter the facil ity and a ll of th e
demised prcmist:s at any time and on any occasion .
7. Assignment: Renter shall not assign thi s agreement nor s uffer nny use of U1c
faci li ty other than herein specified, nor sublet the faci lit y or any part th e1·cof',
withou t the written consent of the City.
8. DEFAULT: Tn case the Renter shall defau lt in the perfonnunce of any covenant
or ag reement conta in ed herein , and such defau lt sha ll co ntinu e ror ten (I 0) days
aflcr receipt by the Renter of written notice thereof given by the City, then the
City, al its option, may dec lare lhis agreement end ed. In that event, Remer shall
immediately remove all persons and it s property from the facility, and failing to
do so, the City may cause suc h removal either with or witl1out process of law, at
Renter's expense. T hese ex penses sha ll include, but nol be limited lo, reasonab le
allomey's fees incurred by the Ci ty, whether suit is liled or not.
lN WlTNESS WJtEREOF, we have hereunto set our hands aod oflicial seals thi s
clay of _____ _
CITY OF ATLANTIC BEACH
By: ----------------------r:: JJJ ~--
Its: ''RENTER"
"CITY"
4
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGREEMENT made and entered into this day of ________ _
AGENDA ITEM # 4B
SEPTEMBER 14, 2015
at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC
BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida
32233 (hereinafter "City"), and Brecht Catalan, Tennis Instmctor of 12855
Gree1m1eadow Place Jacksonville, FL 32246 (904) 241-4625 (hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility:
Jack Russell Park Tennis Courts 4, 5, & 6 and,
WHEREAS, Renter desires to use said public facility on a recurring basis such as
daily, weekly, monthly, during a particular season, or the like, which is more than
a one-time use, and therefore a long tem1 use, and
WHEREAS, the parties are in complete agreement regarding the terms set forth
herein.
NOW THEREFORE, in consideration of the covenants and promises as set forth herein,
and any rental payment made hereunder, and other valuable consideration, the receipt and
sufficiency of which is acknowledged by both parties, it is
AGREED AS FOLLOWS:
1. Length of Rental Term: This agreement shall run from October 1, 2015 through
September 30, 2016.
2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall
pay to the City the annual fee of $214.00 at the time of signing this agreement.
Renter shall provide the City with a copy of its tax-exempt form or other proof or
evidence satisfactory to the City Manager of Renter's non-profit status.
3. Conditions: This agreement is made and entered into upon the following express
covenants and conditions, all and everyone of which Renter hereby covenants and
agrees, with the City, to deep and pe1form:
a. No fees or admission costs shall be charged to the public unless approved
in writing by the City Manager.
b. No use of alcoholic beverages shall be permitted without the written
permission of the City Manager
AGENDA ITEM# 4B
SEPTEMBER 14,2015
c. Renter shall provide to the City a copy of audited financial statements if
requested. ln the event audited financial statements are not available,
renter shall provide all supporting documents and fmancial statements.
d. Renter shall insure compliance with all city, state and federal laws, as well
as any rules and regulations of the City for the government and
management of the public facility, together with all rules and requirements
ofthe police and fire departments of the City.
e. Renter shall allow no discrimination based on race, sex, age, religion,
national origin, disability or otherwise.
f. Renter shall make no alterations to the facility of a permanent nature
without the express written consent of the City Manager.
g. Renter's use of the facility is not exclusive outside of the dates and time as
set forth below.
h. Renter shall leave the facility available for use by other patties if other
activities are scheduled or upon the request of City staff. This may
include removal and storage of Renter's property.
i. Renter shall correct any discrepancies noted by the City. Should the City
require corrective action, such action shall be the financial responsibility
ofthe Renter.
J. Renter shall provide a written account of all keys to the facility in
possession of Renter at the end ofthe contract. If renter cannot account
for all keys, Renter will incur the cost of re-keying or changing of the
applicable locks. One key will be provided at no cost to Renter and any
additional keys will require a $10 per key fee at Renter's expense.
k. Any exclusive use shall be as set forth below. The use of the facility in
addition to the exclusive use periods shall be requested through the
Recreation Director under the general rules, i.e., a facility may be
requested for short term use by applying for such use after the 15 1h day of
each month for a day or time period within the next month. For example,
any organization requesting the short-term use of a City facility in the
month of February could apply for such use after the 15 111 day of January.
2
AGENDA ITEM# 4B
SEPTEMBER 14,2015
l. Renter shall maintain at all times during the lease term at Renter's cost, a
comprehensive public liability insurance policy protecting the City against
all claims or demands that may arise or be claimed on account of Renter's
use of the premises, in an amount of at least $1,000,000 for injuries to
persons in one accident, $1,000,000 for injuries to any one person, and
$1,000,000 for damages to property, the insurance shall be written by a
company or companies acceptable to the City and authorized to engage in
the business of general liability insurance in the State of Florida. Renter
shall deliver to the City satisfactory proof or evidence of such insurance,
and shall name the City as an additional insured under said policy.
m. Renter may apply to the City Commission of Atlantic Beach for a waiver
of this insurance requirement. The City Commission shall consider such
application for waiver on a case by case basis, taking into account the
length of the lease term, use ofthe public facility, number ofpersons
involved in said use, cost of the insurance, and any other factors submitted
by Renter which unique and particular to the Renter.
n. Renter agrees to indemnify and hold harmless the City from any and all
liability, defense costs, including other fees, loss or damage which the City
may suffer as a result of claims, demands, costs or judgment against it,
arising from all activities engaged in by Renter in its use of the following
public facility: Jack Russell Park Tennis Courts 4, 5 & 6
o. Additional provisions agreed upon by the City and Renter: None
4. Exclusive Use Dates and Times: See the attached schedule. The City retains
the right to rent and use the facility at other times not specified for use by the
Renter.
5. Delivery of Facility: The City shall deliver the facility to Renter in good
working condition, with any necessary facilities and utilities, and in clean
condition.
6. Control of Building: In renting said facility to Renter, the City does not
relinquish the right to control the management and operation of the facility,
and the City Manager or his designee may enter the facility and all of the
demised premises at any time and on any occasion.
7. Assignment: Renter shall not assign this agreement nor suffer any use of the
facility other than herein specified, nor sublet the facility or any part thereof,
without the written consent of the City.
3
AGENDA ITEM# 4B
SEPTEMBER 14, 2015
8. DEFAULT: In case the Renter shall default in the perfmmance of any covenant
or agreement contained herein, and such default shall continue for ten (10) days
after receipt by the Renter of written notice thereof given by the City, then the
City, at its option, may declare this agreement ended. In that event, Renter shall
immediately remove all persons and its property from the facility, and failing to
do so, the City may cause such removal either with or without process oflaw, at
Renter's expense. These expenses shall include, but not be limited to, reasonable
attorney's fees incurred by the City, whether suit is filed or not."
IN WITNESS WHEREOF, we have hereunto set our hands and official seals this
__ day of ______ _
CITY OF ATLANTIC BEACH
By: ----------------------(6)2C-
Its: "RENTER"
"CITY"
4
AGENDA I TEM :
SUBMITTED BY:
DATE:
BACKGROUND:
CITY OF ATLANTlC .BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM II 4C
SIWl'EMlSER 14,201 5
Extensio n o f Annual Co ntract for Ci t y Bid No . 12 13-0 l :
Street Sweeping and Vacuwning
Douglas E. Layto n, P.E. Qp L ~J /
Director ofPubl ic Works ~ .
August 26, 20 15
The City of Atla nti c Beach awa rded a street sweeping co ntra ct to
USA Services Florida, Inc. in October 2012. Monthly street
sweeping of At lantic Blv d . and Mayport Road is part of o ur
maintenance agreement with FDOT, an d bi-monthly sweeping of
ou r Ci ty Streets is a requirement of o ur N PD ES (MS4) Perm it.
The contractor also sweeps both City Hall and Public Works
parkj ng lo ts on a bi-month ly basis.
The cur ren t contract for street sweepin g services under City Bid
No . 12 13-0 1 exp ires Octob e r 31,2015. The contractor, USA
Serv ices of Florida , ln c. has agreed to renew th e contract fo r the
tirs t of two possibl e renewals at the cuncnt prices. Total cost for
street sweeping services und er thi s co ntract is $29, J 00 annually.
RECOMMENDATION: Extend the contract for o ne yea r at U1e cunent prices, term bein g
November 1, 2015 thru October 3 1,2016.
BUDGET: A total o f $29,100 was budgeted in FY 14 15 in stonnwater account
470-0000-538-3 400 .
ATTACHMENT S: Sigl Jed l etter fro m USA Serv ices of Flo rid a, In c. a1:.rreei ng to the
extension of th e co ntract.
APPROVED BY C ITY MANAGER: _--n_..:.....;•....::. ~:..::"'::::::"":z.""-=;;;?.~u...u_..=~---------
AGF.NDA ITEM fi4C
SEPTEMBER 14, 2015
C ITY or ATLANTiC BEACH
DEPARTMENT OF PUBLIC' WORKS
1200 Sandpiper Lane
August 17 ,20 15
Ca nnine Latanza
Vice President
USA Services of Florida, Inc.
P .O. Box 520580
Longwood, FL 32752
A ll~nlic !leach, FL 32233·4318
rEL EPHON E: (904) 247-5834
FAX: (904) 247·5834
www.coa b.us
Rc: Bid 1213-01: Annual Contract for Street Sweeping and Vacuuming
Dear Ms. Latanza:
The above referen ce d contract for Bid 1213 -0 1 expires October 31,2015. The City wou ld
like to extend the contract for another year, at the cutTcnt prices. Per bid specifications, this
would be the fir st of two po ss ib le extensions of thi s contract, term being November l , 20 15 thru
October 3 1, 2016. If acceptable, please s ign below and retum to my attention at your earliest
convenience .
We look forward to recommending that we co ntinue our contract with your company.
Sincerely,
~~JhJ-L ~Showman
Contracts, Permits & Admin.
USA Services of Florida, In c. agrees to extend th e contract at th e current bid prices for one year
begi~:gNo /2 015. {AI/ 1"/J~"V }4-/tuv ·ut
Signed Printed Na~e ;f"er
cy-J..I -(f vT
Date Title of Signer
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF R E PORT
AGENDA ITEM: Extens ion of Annual Con tract for City Bid No. 12 13-06:
Janitorial Services for Cit y Facili ties
AGENOA ITEM# 40
SEPTEMBER 14,2015
SUBMITTED BY: Douglas E. Layton, P.E. ~/ [ _L::) ,.,.-
Dirccto rofPublic Works ~ c::;;i<)~
DATE: August 27 ,20 15
BACKGROUND: The Ci ty of Atlantjc Beach requires janitorial services for City
facilitie s. The curre nt contract for these serv ices under Bid No.
12 13-06 expires September 30, 20 15. T he con tractor, Supreme
J anito rial Serv ice ha s agreed to renew th e co ntrac t for the seco nd
of th ree po ss ible renewa ls at the current prices .
RECOMMENDATION: Ex tend the contract for one year at the curre nt prices, tc nn be in g
October 1, 20 15 to September 30, 20J 6.
BUDGET: The cu n·c nt annu al bid amount for janitorial services, budgeted
under va ri ous accou nt s, is $50,796.00.
ATTACHMENTS: Letter from Supreme JanitOJia l Service agreeing to th e extension of
the contract.
APPROVED BY CITY MANAGER: -~__:;_---=--' __..:::(/.:.....:~=..!.....-IO<A=GVL.J.--!o::~;.__-------
August 27,2015
Ms. Sue Butts, CEO Owner
Supreme Janitorial Service
11323 Distribution A venue E.
Jacksonville, FL 32256
AGENDA ITEM# 4D
SEPTEMBER 14,2015
CITY OF ATLANTIC BEACH
DEPARTMENT OF PUI3LIC WORKS
1200 Sandpiper Lane
Atlantie Beach. FL 32233-4318
TELEPHONE: (904) 247-5834
FAX: (904) 247-5834
WII'II'.COafl,US
Re: Bid 1213-06: Annual Conh·act for Janitorial Services
Dear Ms. Butts:
The above referenced contract for Bid 1213-06 expires September 30, 2015. The City would
like to extend the contract for another year, at the CUITent prices. Per bid specifications, this
would be the second of three possible extensions of this contract, term being October I, 2015
thru September 30, 2016. If acceptable, please sign below and return to my attention at your
earliest convenience.
We look forward to recommending that we continue our contract with your company.
Sincerely,
~7JA~r~-cZ:a Showman
Contracts, Pennits & Admin.
Supreme Janitoda1 Service agrees to extend the contract at the current bid prices for one year
beginning October 1, 2015.
Signed Printed Name of Signer
Date
r(~lt(~
Title of7Signer
AGENDA ITEM:
SUBMITTED BY:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Extension of Annua l Co ntract for C ity Bid No. I 0 1 1-24:
Landscape Mainte nan ce
AGF;NOA ITEM 1#4 1~
SIW'fEMBER 14,2015
Douglas E . Layton, P .E. ; ~7 t/ fl
Director of Public Works £...>"' 25 t' o; ..........-
DATE: August 27,2015
BACKGROUND: The a nnual contract und e r City Bid No. I 011-24 for Landscape
Maintenance of Atlantic Blvd. Medians, Town Center, Mayp01t
Rd. Flyover A rea s, Mayport Road Medians , C ity P arks and
Common Areas expires September 30 , 20 l S. The contractor,
R&D Landscape & Irri gation, In c . h as agreed to renew the contract
for the second of two possib le renewa ls at the current prices.
RECOMMENDATION: Ex tend the contract fo r o ne year at the c urrent pr ices, term being
October I , 20 1 S to September 30, 2016.
BUDGET: FY 141 5 fund s are budged as fo llo ws:
ATTACHMENTS:
001 -5002-54 1-3400 $ 26,896.00
00 1-5002-541-3 402 $ 14,100.00
001 -5002-541-3403 $ 17 ' 173.00
001 -6020-572-3400 $ 66.000.00
$124,169.00
Letter fi·om R&D La nd scape & Irri gation , In c . agreeing to th e
extens ion of the contract.
APPROVED BY CITY MANAGER: __ -n_...;.._._U,_~_...;.....;::::~----------
Augus t 27, 2015
Mr. Tom Rowand Jr., President
R&D Landscape & Irrigation, Inc.
8850 Corporate Square Coutt
Jac ksonville, FL 322 16
AGENDA ITEM 1141];
SEPTEMBER 14,201 5
CITY OF ATLANTIC BEACH
DEPARTM ENT OF PUBL.IC WORK S
1200 Sandpiper Lan e
Ath111HC Beac h, FL 32233-4318
TEL EPH ONE: (904 ) 247-5834
r AX : (904) 247·5834
www.coab.us
Re: Bid 1011-24: Annual Contract for Landscape Maintenance
Dear Mr. Rowand:
The above referenced contract for Bid 10 I I ~24 expires September 30, 2015. The C ity would
like to extend the contract for another year, at the current prices. Per bid specifications, thi s
wou ld be the second of two possible extensions of thi s contract, tenn being October 1, 2015 thru
September 30, 2016. If acceptable, please s ign below and return to my attention at your earliest
convenience .
We look forward to recommending that we continue our contract with your company.
Sincerely,
~>l~~ Ofis~ Showman
Contracts, Pe1mits & Admin.
R&D Landscape & Irriga tion, Inc. agrees to extend the contract at the current bid prices fo r one
year beginning October 1, 20 15.
Signed Printed Name of S ig ner
fir I ~ L.,..:;_
Date Title of Signer
C I T Y OF ATLANTI C BEAC H
C ITY C OM MISSION MEETING
STAFF REPORT
AGil:NDA ITEM 114F
SEPTEMB E!l 14,201 5
AG END A ITEM: Rev ise d Int er local Agree ment amo ng th e C it y of Jac ksonv ill e, All antic
Beac h, J ac kso nvill e Beach, Neptune Beac h and U.S. N ava l Station ,
May po rt fo r Co ndu ct o f th e Sea and Sky Spectacular
SUUMJTTED BY: Ne lson Va n Lie re, City M an ager ~
DA TE: Se pte mb er 1, 20 15
STRA TEGI C P LAN LINK : None
B ACK GROUND: This agree men t defi nes t he covenan ts and res ponsibiliti es gove rn ing
the Sea an d Sky Spec tac ul ar to be held Octo ber 24-25 , 20 15. Jl i~ an
extend ed ce lebrati o n of c ity events, United States Ar med Forces
ac ti viti es a nd famil y entertairunent prog rams to be he ld peri od ica ll y in
th e J ac kso nvill e Area . The primary goal is to fos ter positi ve
co mmun ity re latio ns and to s upp ort milit ary recr uiting e ffo rt s.
Th e Cit y of Atl a nti c n each wHI be respons ible with in it s Cit y limits to
prov id e sup po rt se r vices in clu ding po li ce, c rowd and tra nic co ntrol,
par kin g and refuse coll ec ti on.
Thi s ag reement is entered into every three yea rs a nd was last app rov ed
in Jul y of20 12 wi th the sa me co ndition s.
BUDGET: None
REC OMMENDATION : Approve the Filth rev ised Inte rl oca l Agreement amo ng th e C it y of
Jacksonvill e, Ci ty of Atl a nti c Beach, City of Jackso nvill e Beach, Ci ty
of N eptun e .13 ea eh and the Co mm and er, U .S. Nava l Stati on Maypo rt ,
U.S. Navy for Condu ct of th e Sea and Sky Sp ec tacul ar a nd authori ze
th e Cit y Mana ge r to s ign th e ag ree ment.
ATTAC HME NT : Fi ft h Rev ised lnterl oca l Ag reement among th e City of Jackso nv ill e,
Florid a; the Ci t y of At lanti c Beach , Fl orida; the C ity o r Jac kso nv ill e
Beach, F lorida; th e C ity of Ne ptun e Beach, f lo ri da; and the
Co mm and er, U.S . Nava l Stati on May port , U.S. Navy Fo r Cond uct of
t he Sea an d Sky S pec tac ul ar.
Prepared by and Return to:
Jobn C. Sawyer, Jr., Esquire
Office of General Counsel
117 West Duval Street, Suite 480
Jacksonville, Florida 32202
AGENDA ITEM #4F
SEPTEMBER 14,2015
FIFTH REVISED INTERLOCAL AGREEMENT AMONG THE CITY OF
JACKSONVILLE, FLORIDA; THE CITY OF ATLANTIC BEACH, FLORIDA; THE
CITY OF JACKSONVILLE BEACH, FLORIDA; THE CITY OF NEPTUNE BEACH,
FLORIDA; AND THE COMMANDER, U.S. NAVAL STATION MAYPORT, U. S. NAVY
FOR CONDUCT OF THE SEA AND SKY SPECTACULAR.
THIS FIFTH REVISED INTERLOCAL AGREEMENT (hereinafter referred to as
the "Agreement") is made and entered into as of the day of , 2015 by
and among the below-listed parties and supercedes the original Interlocal Agreement by and
among the parties made and entered into March 12, 2001, as revised for the first time on October
9, 2003, as revised for the second time on August 4, 2005, as revised for the third time on
November 2, 2007, and revised for the fourth time on October 28, 2009, and shall become
effective upon filing with the Clerk of the Circuit and County Courts, as herein provided. The
parties to this Agreement are:
THE CITY OF JACKSONVILLE, FLORIDA, a consolidated municipal/county
government, making the General Services District within the territorial boundaries of Duval
County, Florida (hereinafter referred to as "JACKSONVILLE"), pursuant to authority in Section
111.105, Ordinance Code; and
THE CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation within the
General Services District (hereinafter refened to as "ATLANTIC BEACH"); and
THE CITY OF JACKSONVILLE BEACH, FLORIDA, a municipal corporation
within the General Services District (hereinafter refen·ed to as "JACKSONVILLE BEACH");
and
THE CITY OF NEPTUNE BEACH, FLORIDA, a municipal corporation within the
General Services District (hereinafter referred to as ''NEPTUNE BEACH"); and
THE COMMANDER, U.S. NAVAL STATION MAYPORT, UNITED STATES
NAVY (hereinafter referred to as "CNSM").
1
AGREEMENT SECTION
1. SUMMARY ................................................................................................... .
2. PURPOSE ...................................................................................................... .
3. RESPONSIBILITIES ..................................................................................... .
4. SEA & SKY SPECTACULAR AIR SHOW COMMITTEE ........................ .
5. TERM OF AGREEMENT .............................................................................. .
6. EFFECTIVE DATE ........................................................................................ .
7. TERMINATION ............................................................................................. .
8. MAXIMUM INDEBTEDNESS ..................................................................... .
9. SEVERABILITY ........................................................................................... .
10. SECTION HEADINGS ................................................................................. .
11. CONSTRUCTION ........................................................................................ .
12. ENTIRE AGREEMENT ............................................................................... .
13. COUNTERPARTS ......................................................................................... .
PAGE
2
2
3
5
6
6
6
6
6
6
6
7
7
AGENDA ITEM #4F
SEPTEMBER 14, 2015
IN CONSIDERATION of the mutual covenants herein contained and for other good and
valuable consideration, the legal sufficiency of which is acknowledged by the parties, the patties
agree as follows:
1. SUMMARY. This Agreement defines the covenants and responsibilities governing the
Sea and Sky Spectacular, to be held on October 24-25, 2015 (hereinafter sometimes referred to
as the "Event", as the context allows). It is an extended celebration of city events, United States
Armed Services activities and family entertainment programs to be held periodically in the
Jacksonville area. The primary goals of the Event are to foster positive community relations and
to supp011 military recmiting efforts. The Event is intended to be an annual regional attraction
with air show sites alternating between Naval Air Station Jacksonville and the Jacksonville
Beach Oceanfront (this Agreement shall pertain exclusively to Events held at the Jacksonville
Beach Oceanfront).
2. PURPOSE. This Agreement formally creates a relationship among the pmties for the
following purposes:
2.1. To provide JACKSONVILLE, ATLANTIC BEACH, JACKSONVILLE BEACH,
NEPTUNE BEACH and neighboring beach cities/communities along with the high
concentration of Naval commands and their service members a celebration that showcases the
military's presence in the region.
2.2. To foster positive community relationships by (a) creating an opportunity for long
term, mutual cooperation and commitment among city governments and Naval commands to
conduct a bi-annual event of regional attraction at an opportune time of year for the cities and
their business communities; and (b) suppmting Armed Service recmiting by offering an exciting
family entertainment program which may include an air show and a demonstration of military
2
ca pabi liti es.
AGENDA ITEM 114F
sr;;r .. TEMBER J4, l OI S
3. RESPONSIBILITIES. The parties sha ll have the follow in g r esponsib il iti es, whi ch may
be s uppl emented or more specifica ll y defi ned as ne cessa ry, fr om t im e to time, fo r the co nduct of
th e Event:
3.1. JA CKSONV ILL E:
3.1.1. Spec ial E vents Productio n and Coo rdination . The Office o f Special
Even ts (he re in after refer red to as th e "OSE") represents JA CKSONVILLE 's interes ts and s hall
provide specia l events prod ucti on ex perti se a nd coo rdinati on for the Event s he ld at th e
Jackso nv ille Beac h Ocean fro nt. Th e OSE wil l share in the respo ns ibili ty of atTa ngin g and
co ndu c tin g the Sea and Sky Spectacular with ATLANTIC BEACH, JACKSONV ILL E BEAC H,
NEPTUNE BEACH and CNS M.
3.1.2. Cust odian fo r Spo nsorship Funds. The OSE wi ll se rve as cus tod ia n of
spo nso rship mo ney and wi ll wr it e accounts paya ble chec ks us in g the spo nso rship mo ney rai sed
to s upp ot1 th e Sea and Sky Spectacu la r.
3.1.3. Event Pro/Ji ot ion. JACKSONV ILLE shall ha ve th e ove ra ll res po nsib ilit y
fo r prom otin g the Event as a regio nal attrac t io n.
3.1.4. Mon etG/y Co ntrib ution. Subj ect to th e max im um in de bted ness in Sec ti o n
8, below, JA CKSONVI L LE will prov id e and fund various se rvic es necessary to produ ce th e
Event. Such services s ha ll incl ud e po lice , pri va te sec uri ty, ti re a nd re sc ue supp ort servi ces,
adve rti s in g and mat·ket in g. Jack so nvill e Tra nspo rt ati on Aut h01i ty shuttles, air s how co nsul ta nt,
air show acts, so und and entert a inm ent , VIP area, liabilit y in suran ce and event main tenance
(co ll ec ti ve ly and individu all y refetTed to as the "J AC KSONV1LLE Services"). Subj ect to th e
max imum ind eb tedn ess in Sect io n 8 below, JACKSON VT LLE may prov id e s ervi ces in additi o n
to the above JACKS ONVILLE Services, to the ex tent that s uch ad ditiona l serv ices become
necessa ry to produ ce th e Even t; provided however, suc h add it io nal se rvices s ha ll not be prov id ed
or required here und er unl ess and until s uc h tim e as thi s Ag reement is amended, in wliti ng, for
th e inclu s io n of such additi onal serv ices.
3 .2. ATLANTIC BEA C H. JACKSONV lLL E BEACH and NE PTUNE BEACH :
3.2. I , Monetaty Co ntr ib uti on. ATLANTIC BEAC H, JA CKSONV ILL E
BEACH and NEPTUNE BEA CH arc not required to co ntribute any sponso rs hip fund s for the
2015 Sea a nd Sky Spectacul ar.
3.2.2. Supp ort Se n lices. Within th e ir respect ive city limits, and /or as th e need
ma y require, ATLANTIC B EAC H, JA CK SO NV ILLE BEACH and NEPTUNE BEA C H s hall
provide and fund staffm g/po li ce, Lire and rescue supp ort serv ices for th e Sea and Sky
Spectac ular, in c luding , wi th o ut lim itation, po lice serv ices crow d and tra ffi c co ntrol, parking and
3
AGENDA ITEM #4F
SEPTEMBER 14, 2015
refuse collection. ATLANTIC BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH
recognize and acknowledge that crowd sizes and logistics, as well as financial considerations,
may require joint sharing of these responsibilities and expenses as matters develop, and agree to
cooperate, in good faith, to reach equitable sharing arrangements as such prove to be necessary.
JACKSONVILLE shall provide and fund staffing police, fire and rescue suppmi services only to
the extent that the circumstances surrounding the Sea and Sky Spectacular require supplementing
such services, as determined by JACKSONVILLE, in its sole and exclusive discretion.
3.2.3. Sea and Sky Spectacular Facility. JACKSONVILLE BEACH shall
provide property for the Sea and Sky Spectacular. The aforementioned property shall be
sufficiently available for the placement of tents, display booths, and other festival requirements
as necessary and approved by the JACKSONVILLE BEACH City Manager and shall be
consistent with JACKSONVILLE BEACH's Code of Ordinances and Special Events Policies.
3.2.4. Responsibility for Sea and Sky Spectacular. ATLANTIC BEACH,
JACKSONVILLE BEACH and NEPTUNE BEACH City Managers or their designated
representatives shall share responsibility for aiTanging and conducting the Sea and Sky
Spectacular with JACKSONVILLE's OSE and CNSM; provided however, said OSE shall have
the final or ultimate decision making authority, subject only to Section 3.2.3. above.
3.2.5. Event Promotion. ATLANTIC BEACH, JACKSONVILLE BEACH and
NEPTUNE BEACH shall have secondary responsibility and secondary approval authority for
promoting the Event as a regional attraction.
3.3. Navy/CNSM: CNSM shall delegate his authority regarding the Event and agrees
as follows:
3.3.1. Air Show Responsibility. While the Commanding Officer of the Naval
Air Station Jacksonville (hereinafter refeiTed to as ''NAS") has primary responsibility for the
NAS Air Show, and is charged to conduct the on-base air show at NAS, the Commanding
Officer of Naval Station Maypmi is charged only with support of the Sea and Sky Spectacular by
staging of static display and performing aircraft, and by cooperating with JACKSONVILLE to
anange and conduct the military demonstration at the Sea and Sky Spectacular.
3.3.2. Prohibition Against Use of Funds. In compliance with federal
regulations, fiduciary support raised on base via Naval Station Morale, Welfare and Recreation
Non-appropriated Fund Activities may not be used to support external activities.
4
AGENDA ITEM #4F
SEPTEMBER 14, 2015
4. JACKSONVILLE SEA AND SKY SPECTACULAR OCEANFRONT AIR SHOW
COMMITTEE.
4.1. There shall be created a Sea and Sky Spectacular Committee (hereinafter referred
to as the "Committee") with membership of the pmties and shall operate as follows:
4.1.1. Membership. JACKSONVILLE, ATLANTIC BEACH, JACKSONVILLE
BEACH, NEPTUNE BEACH and the Commanding Officer ofNaval Station Mayport each shall
have membership on the Committee. This Committee shall advise JACKSONVILLE on the
production of the Sea and Sky Spectacular. This includes, but is not limited to, hiring of
sponsorship/advertising companies and/or air show consultants; provided however, the
Commanding Officer of Naval Station Mayport shall have no responsibility or involvement
whatsoever with sponsorship matters.
4.1.2. Final Authority. The parties agree that decisions of the OSE, as to
accounting, expenditures, marketing, staging, logistics, placement, consultants, contractors,
vendors, scheduling, coordination and all other matters related to and/or contemplated herein,
shall be final, except for: (a) any decision that may adversely impact the ability of ATLANTIC
BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH to provide normal city services,
including, but not limited to Police, Fire and Rescue, as determined by the City Managers of
those cities; and (b) activities occurring on Navy prope1ty or involving Navy equipment or
personnel; only as to activities on Navy Property or involving Navy personnel or equipment,
shall the decisions of CNSM, as delegated above in Section 4.1.1, be final.
4.1.3. Meetings. The Committee shall meet to detennine any other rules
and/or procedures that may be necessary in order to permit action on the Event as soon as
possible. Such determinations shall include decisions as to whether financial and policy
commitments and procedures should be made. Such decisions shall require a majority vote of all
Committee Members. The Committee must have a quorum of its members in order to meet and
take action. Such quorum shall consist of three (3) ofthe five (5) members. Such meetings shall
comply with the Florida Open Meetings Law, as codified in Section 286.011, Florida Statutes.
All meetings shall be preceded by a posted notice of at least twenty-four (24) hours. Written
minutes shall be kept of the meetings. The meetings shall be held at a government facility that is
accessible to the public.
4.2. Funding and Fund Carryovers. JACKSONVILLE and the Committee (excluding
the Commanding Officer of Naval Station Mayport, as provided above) shall conduct funding
and sponsorship campaigns to cover the costs of the Sea and Sky Spectacular. In addition to
such funding and sponsorship campaigns, the parties (except for CNSM) may elect, but are not
obligated to provide additional financial support for the Sea and Sky Spectacular. In the event
that there is a surplus of funds available on final funding, from the Sea and Sky Spectacular, such
surplus shall be held by JACKSONVILLE, for available use in the next scheduled Sea and Sky
Spectacular, unless such event will not take place the following term or JACKSONVILLE
determines specific other uses for such surplus funds.
5
AGENDA ITEM #4F
SEPTEMBER 14, 2015
5. TERM OF AGREEMENT. This Agreement shall have a four (4) year te1m,
commencing from October 11, 2012, unless subsequently amended. This Agreement may be
renewed by written agreement by all pmties.
6. EFFECTIVE DATE. This Agreement shall become effective on the date it is recorded
in the Official Records of Duval County, Florida, as required by Section 163.01(11), Florida
Statutes. Such recording shall be perfected by the Office of General Counsel for
JACKSONVILLE.
7. TERMINATION. Any party may withdraw fi·om this Agreement, without cause, by
giving ninety (90) days advance written notice to the other pmties, by certified mail return
receipt requested or by other delivery with written receipt. Such advance written notice shall be
sent to the party representative or successor as shown on the signature pages, to the addresses
stated thereon. If the remaining pmties so desire, they may continue this Agreement, as to its
terms and conditions, by formal, mutual execution of a letter agreement memorializing the same.
8. MAXIMUM INDEBTEDNESS. This Section 8 is included in this Agreement pursuant
to Section 106.431, JACKSONVILLE Ordinance Code. JACKSONVILLE's maximum
indebtedness under this Agreement shall not exceed FIVE HUNDRED THOUSAND AND
00/100 DOLLARS ($500,000.00), which amount does not include any funding via sponsorships
that have been or will be secured by JACKSONVILLE. As provided in Section 3.1.4,
JACKSONVILLE may provide and/or fund services in addition to the listed JACKSONVILLE
Services; provided however, such additional services may be provided only in the event of a
written amendment to this Agreement in that regard and only to the extent that such additional
funds are available and have been appropriated for the Event. To the extent this Agreement is so
amended in order to increase the JACKSONVILLE Services, said written amendment must
reflect a corresponding increase in the maximum indebtedness specified in this Section 8, if
applicable. The respective maximum indebtednesses of ATLANTIC BEACH,
JACKSONVILLE BEACH and NEPTUNE BEACH shall be their respective financial and
service commitments detailed in Sections 3.2.1 and 3.2.2, above. For the JACKSONVILLE
2014-1015 fiscal year, $95,000.00 will be encumbered by this Agreement. The remaining
$405,000.00 will be budgeted and appropriated, if at all, in City fiscal year 2015-2016, and shall
be encumbered by an amendment to this agreement, purchase order, check request, or other
lawful encumbrance mechanism.
9. SEVERABILITY. If any part of this Agreement is found by a court of competent
Jurisdiction to be unlawful or otherwise unenforceable, such pmt shall be deemed to be severed
from this Agreement and the remaining parts shall continue to have full force and effect.
10. SECTION HEADINGS. All section headings used in this Agreement have been inserted
for convenience only. Such section headings shall not be used in the interpretation or
construction of the text of this Agreement.
6
AGENDA ITEM #4F
SEPTEMBER 14, 2015
11. CONSTRUCTION. The parties acknowledge that they have had meaningful input into
the terms and conditions contained in this Agreement. Therefore any doubtful or ambiguous
provisions contained herein shall not be construed against the party who physically prepared this
Agreement. The rule sometimes referred to as "Fortius Contra Proferentum" shall not be
applied to the interpretation of this Agreement.
12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between
the parties hereto for their responsibilities with respect to the Event. No statement,
representation, writing, understanding, agreement, course of action or course of conduct, made
by any party, or any representative of any pmty, which is not expressed herein shall be binding.
All changes to, additions to, modifications of, or amendment to this Agreement, or any of the
terms, provisions and conditions hereof, shall be binding only when in writing and signed by the
authorized officer, agent or representative of each of the parties hereto.
13. COUNTERPARTS. This Agreement, and all amendments thereto, may be executed
in several counterparts, each of which shall be deemed an original, and all of such counterparts
together shall constitute one and the same instrument.
[Remainder of page is intentionally left blank. Signature page follows immediately.]
7
AGENDA ITEM #4F
SEPTEMBER 14, 2015
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: -----------------------Name: --------------------Title: Corporation Secretary
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
CITY OF JACKSONVILLE
By: _____________________________ _
Name: ----------------------------------Title: -----------------------------------
The foregoing instrument was acknowledged before me this day of -------
2015, by , and , Corporation Secretary
respectively, of the City of Jacksonville, a municipal corporation in Duval County, Florida.
Such persons: (notmy must check applicable box)
are personally known to me; or 9
9
9
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
Procurement Award #AD-0576-12, as amended
8
AGENDA ITEM #4F
SEPTEMBER 14,2015
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
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
CITY OF ATLANTIC BEACH
By: ____________ _
Nelson VanLiere, City Manager
800 Seminole Road
Atlantic Beach, FL 32233
The foregoing instrument was acknowledged before me this day of _____ _
2015, by Donna L. Bmtle, and Nelson VanLiere, the City Clerk and City Manager respectively,
of the City of Atlantic Beach, a municipal corporation in Duval County, Florida.
Such persons: (notmy must check applicable box)
9 are personally known to me; or
9 produced a current _______ driver's license as identification; or
9 produced as identification
__________ (Sign)
____________ (Print)
NOTARY PUBLIC
My Commission expires: ------
(NOTARIAL SEAL)
9
AGENDA ITEM #4F
SEPTEMBER 14. 2015
IN WITNESS WHEREOF, the City of Jacksonville 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: _________ _
Nancy J. Pyatte, City Clerk
11 North 3rd Street
Jacksonville Beach, FL 32250
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
CITY OF JACKSONVILLE BEACH
By: ____________ _
Charlie Latham, Mayor
11 North 3rd Street
Jacksonville Beach, FL 32250
By: ____________ _
George D, Forbes, City Manager
11 North 3rd Street
Jacksonville Beach, Florida 32250
The foregoing instrument was acknowledged before me this day of _____ _
2015, by Charlie Latham, George D. Forbes and Nancy J. Pyatte, the Mayor, the City Manager
and the City Clerk respectively, of the City of Jacksonville Beach, a municipal corporation in
Duval County, Florida.
Such persons: (notary must check applicable box)
9 are personally known to me; or
9 produced a current _______ driver's license as identification; or
9 produced as identification
__________ (Sign)
____________ (Print)
NOTARY PUBLIC
My Commission expires: _____ _
(NOTARIAL SEAL)
10
AGENDA ITEM #4F
SEPTEMBER 14, 2015
IN WITNESS WHEREOF, the City of Neptune 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: _________ _
Karla Strait, City Clerk
116 1 st street
Neptune Beach, FL 32266
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
CITY OF NEPTUNE BEACH
By: ____________ _
Jim Jarboe, City Manager
116 1st Street
Neptune Beach, FL 32266
The foregoing instrument was acknowledged before me this day of _____ _
2015, by Jim Jarboe and Karla Strait, The City Manager and the City Clerk respectively, of the
City ofNeptune Beach, a municipal corporation in Duval County, Florida.
Such persons: (notary must check applicable box)
9 are personally known to me; or
9 produced a current _______ driver's license as identification; or
9 produced as identification
___________ (Sign)
____________ (Print)
NOTARY PUBLIC
My Commission expires: ------
(NOTARIAL SEAL)
11
AGENDA ITEM #4F
SEPTEMBER 14, 2015
IN WITNESS WHEREOF, the Commander US Naval Station Maypmi, United States
Navy, by and through its respective authorized representatives has caused this Agreement to be
executed on the day and year first above written.
ATTEST: NAVY
By:
~---------------------Signature
By:
----------~------~--~~----------Wesley R. McCall, Captain, United States Naval
Type/Print Name: ________ _ Station Maypmi
Title: --------------------------
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this ___ day of _______ _
2015, by Wesley R. McCall, and as Captain and
__________ respectively, of the United States Navy.
Such persons: (notmy must check applicable box)
9
9
9
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)
G:\Gov't OperationsVSawyer\Special Events\_ Sea and Sky\lnterlocal Agreement\Sea SkySpectacular lnterlocal Agreement l-21-15.doc
12
CITY OF ATLANTIC BEACH, FLORIDA
CITY COMMISSION MEETING
STAFF REPORT
A GENDA JTI<:M 117A
SEPTEMIJim 14,20 15
AGENDA ITEM: Pub lic Hearings o n adopting a Tentative Millage Rate and ad o pting Ordinance
#20-15-132 est ab li s hin g th e Operating Budget for fiscal year 20 15/20 16.
SUBMITTED BY: Russell Caffey, Finance Director ~y
DATE: September 14 ,20 15
BACKGROUND: In order to adopt a mil lage rate a nd operati ng bu dget, the Ci ty Commission must
a dhere to a s tri ct Ptroc ess per s tate law. Please find attac hed a n outline for the public heari n gs to be held
o n September 141
', 2015 in the Commissio n C hambers at 6:30pm as was noticed to a ll property owne rs
b y the Duval County Property Appraiser's Office. The format is the sam e as in previou s years a nd is to
be read into th e record as presented in o rder to ass ure compliance with th e TRIM laws (s.200.065, F.S.).
Pri or to these hearings, the C ity M ana ger presented a Proposed Operating Budget and held two public
workshops to rev iew and ma ke adjustments with the City Commiss ion's guidance. The Proposed
Operati ng Bud get is fund ed usi ng the millage rate of 3.3285 mills. This is a 5.44% increase over the roll
back rate.
A ll changes to arri ve at final budget were di scussed in the budget workshops. (See Schedule A)
l. Grant of $62,700 to h elp fund the phospho rus re mov a l project (33% match) was awal'ded a fter
compi lation of proposed budget.
2. Tree Protecti o n Grant of $1 0,000 w as awarded after compilation of proposed budget
3. Grant of$25,000 to he lp fund the CRA s tud y was awarded after compil a tion of proposed budget
4 . Allocation ofhealthcare costs to Sewer and Sanitation division. Amounts not included in p revious
budget pro p osal.
5 . Fiscal Year 2015 project replacin g the efflu e nt outfa ll for $320,000 is s till awaiting permitting from
the Coast G uard . 0
The re w ill b e a second publi c hearing for th e final ad o pti o n of the mill age by resolution and a second
pub1ic hearing fo r the final adopti o n of the Operating Budget, Ordinance #20-15-132, o n September
28111 , 20 15 at 6:30 in the C ity Com mi ssion C h ambers.
RECOMMENDATION:
1.) H o ld two publi c heari ngs as described in th e attached outline to approve b o th the
T e nta ti ve Millage Rate of 3.3285 mill s a nd the Oper a ting Budget Ordinance #20-15-132
with to tal ex penditures of$33,059,201 .
2.) Set the T ime and Date of the Second Publi c Hearing at September 28, 2015 at 6:30pm. ln
the Commission C hambers of City H a ll.
ATTACHMENTS: Agenda for Public H earin gs
Ordinance# 20-15-13 2
Budget Summary of a ll Funds
Schedule: Schedu le A: C h a nges from Proposed Budget to Final Budget
REVIEWED BY CITY MANAGER: -?t_, ~~
AGENDA ITEM# 7A
SEPTEMBER 14, 2015
ADOPTION OF A TENTATIVE MILLAGE AND OPERATING BUDGET FOR FISCAL YEAR
2015/2016
First item to be considered:
Adoption of a Tentative Millage Rate
State the following:
The Millage Rate is 3.3285
The Tentative Millage Rate is 3.3285
The Roll-Back Rate is 3.1567
The Tentative Millage Rate is 5.44% more than the roll back rate.
The purpose for adopting the millage rate of 3.3285 is to maintain a level of ad valorem
tax revenue sufficient to maintain adequate funding for the existing level of services at
anticipated and proposed cost and to continue to maintain the City's infrastructure.
Motion to adopt a Tentative Millage Rate for operating purposes of3.3285
Open Public Hearing
Close Public Hearing and Vote
Second item to be considered:
Ordinance #20-15-132 establishing the Operating Budget for fiscal year 2015/2016 of
$33,059,201
Motion to adopt Ordinance #20-14-13 2 establishing the Operating Budget for fiscal year
2015/2016
Open a Public Hearing
Close Public Hearing and Vote
ORDINANCE NO. 20-15-132
AGENDA ITEM# 7A
SEPTEMBER 14, 2015
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, on September 14, 2015, held
a public hearing as required by Florida Statute 200.065; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, set forth the appropriations
and revenue estimate for the budget for Fiscal Year beginning October 1, 2015 and ending September
30, 2016 in the amount of$33,059,201.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
1. The Fiscal Year 2016 budget be adopted, and
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this __ day of September 2015.
Passed by the City Commission on second and fmal reading this __ day of September 2015.
Carolyn Woods
Mayor I Presiding Officer
Approved as to form and correctness:
Richard Komando, Esquire
City Attorney
ATTEST:
Donna L. Bartle
City Clerk
City of Atlantic Beach
Combined Summary of Revenues and Expenditures
Summary of all Funds
Actual Actual Estimate
2012-2013 2013-2014 2014-2015
Cash Forward 37,492,961 39,178,618 40,401,341
Revenues
General Fund 11,109,663 11,204,899 11,348,292
Special Revenue Funds 1,486,435 1,560,069 1,447,054
Debt Service Fund 69,790
Capital Project Fund (54,636) 364,822 349,999
Enterprise Funds 11,505,531 12,182,098 12,266,518
Trust and Agency Funds 3,176,999 3,105,080 3,544,669
Total Revenues 27,293,783 28,416,968 28,956,532
Other Financing Sources 164,214 388,758
Total Resources 64,950,958 67,984,345 69,357,873
Expenditures
General Fund 10,748,328 10,861,273 11,589,960
Special Revenue Funds 1,038,260 1,418,672 1,522,290
Debt Service Fund 72,028 73,113
Capital Project Fund 98,073 631,716
Enterprise Funds 11,058,947 12,446,983 11,715,286
Trust and Agency Funds 1,638,006 1,448,128 1,617,289
DIVISION TOTALS 24,555,569 26,346,241 27,076,541
Other Financing Uses 1,216,774 1,236,762 355,732
Cash Reserves 39,178,618 40,401,341 41,925,600
Total Expenses and Cash 64,950,961 67,984,344 69,357,873
Resource Allocation
Personnel Services 9,313,416 9,149,396 9,253,450
Operating Expenses 9,710,687 10,119,154 11,197,056
Capital Outlay 1,751,997 3,299,043 2,913,881
Debt Service 2,450,015 2,151,646 2,045,235
Transfers 1,329,454 1,627,003 1,666,919
Total 24,555,569 26,346,241 27,076,541
Budget
2015-2016
41,925,600
11,722,799
2,127,196
855,000
11,490,883
3,866,761
30,062,639
71,988,239
11,722,799
2,396,850
3,457,700
13,873,304
1,608,548
33,059,201
38,929,038
71,988,239
10,198,510
11,126,161
8,159,330
1,964,326
1,610,874
33,059,201
AGENDA ITEM# 7A
SEPTEMBER 14,2015
Increase
(Decrease)
1,524,259
374,507
680,142
505,001
(775,635)
322,092
1, 106,107
2,630,366
132,839
874,560
2,825,984
2,138,018
(8,741)
5,962,660
{355,732)
{2,996,562)
2,610,366
945,060
(70,895)
5,225,449
(80,909)
(56,045)
5,962,660
Schedule A
AGI!:NOA ITEM# 7A
SEPTEMBER 14, 201 ~
Changes from Proposed Budget to Fin al Budget
REVENUES:
Orig inally Proposed Revenues:
StJohn's Water Ma na ge men t District Cost Sharing Program ID
S tat e Grant -Tree Protection Q>
Sta te Gra nt -CRA Stud y CD
Revised Final Budgeted Revenues
EXPENSES:
Originally Proposed Expenses:
He alth In surance -Sewe r and Sanitat ion®
Repl acement of effl uent outfall lin e ( canied over from FY15) m
Revised Budgeted Expenses:
Note from Bud get Worksho p:
$2 9,964,939
62,700
I 0,000
25,000
$30.062.639
$32,656,765
82,436
320,000
$33,059.20 I
At th e requ est of th e comm iss ion, $20,000 has been identifi ed in the prev iously proposed bud get fo r
improvement to beach access po ints (signage and amen iti es).
CD • Gr an t to help fund th e pho sp horu s rem ova l project was awarded afte r co mpil ati o n of propo sed
bu dget. 33% matchin g gr ant.
® -Grant was awarded after co mpilati o n of proposed bud get
0> -Grant was awarded after co mpil ati on of proposed bud get
® -A ll ocatio n of hea l.th ca re cos ts to Sewer and Sa nit a ti o n d ivi sio n. Amounts not in cluded
in previous budget proposa l.
<S> -Fisca l Year 20 15 proj ect, current ly awaiti ng pennitting fro m the Coast Guard.
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
BUDGET:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA IT EM liSA
SEPT EM BE R 14,101 5
Request for a waiver from City Code Section 19-7 Driveway
Limitations to Allow a Circul ar Driveway at 2349 W. Ocean Forest
Drive
,6/. (_ / c::/?L----Dougla ~ Layton, PE }
Public Works Director
8/11/15
Applicant has requested a circu lar driveway at 2349 W . Ocean
Forest Drive. The lot frontage is 91 feet. All other sections of the
code appear to have been met by the application .
City Code Section 19-7: Construction of driveways in rights-of way
contain s the following requirement:
(f)" ... , and circular drives shall only be permitted on lots having at
least one hundred-foot frontage.''
No budget consideration
RECOMMENDATION: Consider approval of requested waiver to City Code Section
19-7 requirements f o r this location.
ATTACHMENTS: 1. Waiver Application for 2349 W . Ocean Forest Drive
2. Permit drawing
REVIEWED BY: ~ (/t:X..&a ,/C-b<.../
Nelson Van Lie re, City Manager
O lltC
AGENDA ITEM #SA
Sli:PTEMBER 14,201 5
APPLICATION FOR L AND OEVELOIJMENT REG l lLATION S WA IVEI~
C ity uf A llantic ncach · 800 Sem inole l(mul · A llltofic Beach, ft'lurida J 2 23 J
l,h unc : (90_,) 247-5826 · Ji'AX (IJU4) 2J7-5H45 · ht1p://www.cnah.u10
File No. _________ Receipt ------------
S ection 24 --'6 (d ) permits the C ily C urumiss iou t o uuthcn·izc limited Waivers, on 11 casc-hy-cll sc lm s is , fr om n
s pec ific pruvi~iun(s ) of these Lantl l)cvelnpmcnt Rc~ulatiom; wh en il is tlemons trntc d lhnt compliun ec with
s uch Jlrovisiou(s) woulcl be unrcusonuhlc, in c onflict w ith the public infet·cst, ur 11 pt·n c licnl im pnssihilil _v . A
Wnivcw fro m t hese Lnnd Development Rc~ulatimls mu y be apJll'ovctJ on ly uron showin~ of ~om l (':lusc, 111111
upun evidence !h ut an a ltc•·nutivc tu a s pecific provision(s ) of this Chapter sl111ll he proviclcc.l, which c nnforms Ill
t he general intent und spi1·it of these L11nd Development Rc~u l ntiun s . In considering 11n y a·cqnc.<;l for a Wnivcr
l'ru m t hese Lund Development r~c~u lations, t he C il y Co mmission muy require conditions liS llflJli'Ofll'inlc to
~n s u rc lhnt the intent of these Lanu l>cvclopment Rcgululious is c nforcctl. A Wnivcr s h11ll unl mudif)' nny
rcqnit·cmcnl or rcrm c u stomarily cunsidcrcd us a Variance ur any rctjuircmc nl or term pmhihilcd a " a
Val'ian ct', ami s hull he considered c1nl y in cnscs where allcrnalive administn1tivc r•·uccd u r c.'l n r l' not set fo r t he
"ithin t h e C il y C ode o f Onlinunccs.
I. t\pplil'nnt'~ nm.: Mark A. Tumco ---------------------------------
2. o\ppli cnu l's All d r css 2349 Occa nl o rcst Dr. West, At lan ti c Beach , Florida 32233
J . J>rupcrty l.ncntion 2349 Ocen nforcsl Dr. Wcs1, At lan ti c 8cac h, Florida 3223 3
-1. l'r opcrt .v Apprniscr's Rcn l Estate Numbm· R-169463-1570
:'i. ( urrcnt Zo nin ~ ('Jn ~s ific:tt iun RS -1 (•. Com t lt'C h cn ~iv c l'lnn F utur e L nnclllsc ll<"s iJ!n allun ~
7. ltc clu c~tcd fll'ovisiou (s) t'I'Om which wnivc t· is suu Ahl: Se c. 19 . 7(() whrc h :-:pccilics thai "circ.:11lar ch·ivc s s ha.!.!_
o~c pc nniltc d o n lots having at lca s l o ne hundred-loot fi ·on tagc."
II. S iJ.c of Pun·ot I R.609 n2 (0.43 acre )-\1 1.12 11 J'mnlagc 'J. I Jtllil y l'ruv idcr :!_!~_"---------
10. Pruv idc ullot'tllc fnlluwill;! infurnrntiun:
1\. l't'uof of owners hip (d eed tH' \'C t'lilit·atc hy lnwy<"r ,,. ahstntcl c umpuuy 11r title t'urUplln y lhnt vc:ri lir s ncc)l'(l
owncr·ns nho vc). If the :IJiplicant is nnt t h e uwncr," leiter of nuthttrizntion from the: uwne1 ·(s) fur npplknnl lo
t'eprc:;!'nt the owner fur nil purposes rclntecl In I his rtpplicntion musl he proviclcd.
b. Survey :tn cllc~al descriptio n o f propert y.
"· R e1Julrccl nuniiH·•· nf \'ct Jiics (2)
rl . •\pplkntill n F<>c ($250.011)
I IIElti-:B\' C'Eifi'I,..Y TUA'I i\I.L INFORMATION I'IWVJI)EI) WITIJ Till~ ,\PI'LICA'I'IO IS ('OJUU:et :
S if:nntur c u f uwnc•·(•) •1r uutlwrizctl p c t·son if ownct·'s nu t lllll·i~::t liun fcu·m is n llndtctl:
l'riu tc<l 01• type d uamc(s ): Ma rk A. Tu m e o and .lclli·cy W. Stark
//
S iguaturc (s): _..;../...;../-7/~,~· ~-~-~~~~:.;,:.._.:..:~----!1:..:·~/~;'kz..__./~~;-:.::~=----------
AGENDA ITEM liSA
SEPTEMB£R 14,201 5
\IHHU:S~ .\ "'ll ('ONTAC'T 11\'FOHMATION OJo'I'EI~SON TO IUWJo:I V t•; ,.\1,1. ('OIUU:SI'ONI>Jo:NO.IH:c;,\IWtl\<: I I ll!'.
\1'1'1 .1<'.\'1'10!';
:-.l11 1llc : Ma rk /\. Turm:o
Ma ilin ~ A dd•·c.~s: 23 49 Ocean forest Dr. We st, Atlantic Beach , Florida 322).1
l'huuc: 904-620-1350 f ax: not nvnilablc 1•:-lllait: ma rk .lttm co(o{ya hoo .c om -----
Ill . S rnh.'m c nl of fuel:. and uny special t·cnsons fnr the t'C<lucstcd W aiver, whic h dcmcms lnttcs cumpli:IIICl' with
S<>etion 2~--46 (II) uf the Z uning :tn<l S ubdivi:-;ion and La nd l>cv<:lopmc nl f{cs.:ulntiuus nnd srccitkally
tlcscrihinL! lww th y rcu u cst t•umr,lics with the C pnclificms ucccssnt·y for the ('itv C ununiss inu 111 :t!IJII'U'I-C t h is
rc<tncst. P le a se lt llach mhJitionul pn~cs if needed.
We nrc rcq ucs lin g 11 waive r li ·o m Sec. l CJ .7(Q whi ch s pcc ilics th at "ci n;~ar driv~o; s hall ~y bl!
permitt ed on lots having a t lea st one hundred -foot l'rontage ." Specifically , my requ est mee ts th e
requirements 1>r'Scc. 24-46(cl) in thnt compli ance wo uld be in co nfli ct wi th the publ'i<::~t
an<.l wo ul<.l pro du ce a pmctical imposs ibility.
O ur lot ts IJ I . 12 lcet wi<lc, onl y H. 9 reel sh<)!'t of' the reguired fronLOge . llowe vc r, we nee d to
install u c irc u lar drivcwuy to allow access to th e ga ra ge. 13ccnu sc o f' th e loc ation o f' a lurgl!,
cxtst 111 ) and healthy oak tree, we cannot put u pa il m front olthe "am •c of more th an about 2"0
feet (p lease sec auac 1ec. stte plan). Wht e en tering th e pa f'rom a single dn ve way to th e sou1f1
alfO'WSc nlr y into the garage, the limtt cd pnd wtdtfl me a ns one cannot Ga'Ckilltt s titficieniTy -n,r _
e no ug h to turn the ve hi cle and ex it th ro ugh the same drive. llcncc, co mplinn ce wi th th e
ordinance wo uld creat e a prae tic ul impossibility tn that we cou ld not access our ga rage. Wo.:.
~.:a ul d c reate spn cc to ext end Lhc pud to accommodate u sin~c Jrrveway , but that would rc quii ·c
the rcmovn l of th e large , health oak tree, the only re maining oak in our fro nt yard -a so lutio n
wh ic h is aga in s t our desi re and in connic t with tch stated policy ol' /\tlantic Beach to prot£illnd
promo te cnuopy co vcrugc.
I h;nec we respectfu ll y req ues t a wa iver li·om Sec. 19.7(1) and pe rmi ss ion to build a ci rc ul ar
driveway pe r the ra ti ona le above.
~-
BENCHMARr<
SET NAIL
NO 10
ELEV.=lOO.OO
IICHMARI<
-NAIL
IU
:V.=99 44
99.7
99.5
J
3
:5 c p 0 g I "' p
.:. a.
I -~ , ---!/
g
c, 2 c
Flocr ol GM~9C
ar 101.•1
I
100.3
198.02'(M)
198.11'(P)
38.24'
LOT 35
(VACANT)
18,585 Sq Ft.
12S..9
2 STORY F"RAME
L (") ·: I( I Si\JCCO ~0 ;,. i'FE .. 102.15
I ;il~ ~ GAR m 100,41
I -<<'1. "" c
:. -~ 8.50' ~
15.0
23.4~'
.'J
• LOT 36
(IMPROVED)
,I
-.. -~ 'r) ':::<
.... .::) '> -· ,.
>'ICO ~
I
.,.
" 01 ------.. ·--...:c I
I .~ ·-----....,..._ .--
. . ---~--. I L9Q 08'(P) · ~~
179.67'(M) I ri\C
i/2.' i\ tl • P::. .... c
FNO
I/2"1RON
PIPE:
AGENDA IT EM:
SUBM ITTED BY:
DATE:
BA C KGROUND :
BUDGET:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Renewa l of Liability and Worker s' Compe nsa ti on In surance
Catherine Berry, Esq., Director of Human Re sources C _0
Augu s t 26, 20 15
AGENDA ITEM ff 80
Sl!:1'1'EMDER 14, 2015
There are currently two carriers that provide liabilit y and wo rk ers' compensal ion coverage for
municipalities: Preferred Governmental In surance Trust and Florid a Municipal In surance
Trust. Our insurance broker, Harden a nd Associates. go r bids from both carr iers two yea rs ago
ancl th e C ity chose Florid a Municipal Jn surance Trust for our Workers' Com pensation
in surance and Preferred Governmen tal In surance Tmst (PGIT) for all oth er li ab ilit y coverages.
We have received prompt and efficient se rvice from both catTie rs and they have provi ded
excep ti onal renewal rate s, with a slight (I %) net decrease in overall premiums for next year.
Public Officials & Emp loyme nt Practices Liability (EEOC C laims)
Auto
Workers ' Compe nsa tion
Statutory Benefits: Accidenta l Death & Dismcmbcnnent
Env ironmenta l Lega l Liabil ity
Fiduci ary Liabi lit y
Flood
Net premium decrea se ofjust over I% for li ability and workers' compensalio n insurance, for a
total premium decrea se of $4,982.3 1 (1i·om $432,987.31 in 2015 to $428,005.00 in 20 16).
RECOMMENDATIONS:
I. Approve renewal of a ll li ab ili ty insurances wit h Preferred Governmental Insurance Trust for 2015-
20 16 in the amo unt of$435,625.00, to include llardcn's broker fee and auth o ri ze the City Manager
to sign all rela ted renewal do cument s.
2. Approve renewal of our workers' compensation in suran ce with the Florida League o f C itie s lor
20 15-2016 in the amount of $12 1,41 1, and authorize th e City Manager to s ign all related renewa l
documents.
REV IEWED BY CITY MANAGER :~U,..,,;iuL
AGENDA ITEM:
SUBMITTED BY:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
LillNA Local 630 "Blue Collar" Union Contract extension
Catherine Berry, Esq., Human Resources Director CE
DATE: August 26, 2015
AGENDA ITEM #8C
SEPTEMBER 14, 2015
BACKGROUND: The three-year contract that the City of Atlantic Beach entered into with the LillNA Local630
"Blue Collar" Union expires September 30,2015. The Union has a new Field Representative,
Ronnie Burris, who was hired just months ago and who has several entire contracts to
renegotiate with other municipalities. Therefore, he has proposed that, instead of renegotiating
a whole new contract with the City of Atlantic Beach at this time, the parties agree to extend the
current contract for one year, begin negotiations within the near future for a new two-year
contract (20 16-20 18), which would keep us on the same three-year agreement schedule. The
Union has agreed to the City's proposal for wages, pending Commission approval of the
budget.
BUDGET: Employee raises, if approved by the Commission, will total $42,345 for Blue Collar employees
and this figure is included in the proposed FY 2015-2016 budget.
RECOMMENDATION: That the City Manager be authorized to sign the attached agreement to extend the
current LillNA Local630 "Blue Collar" contract for one year and including the wage proposal,
contingent upon approval of the budget by the Commission.
ATTACHMENTS: City of Atlantic Beach Union Proposal2015-2016.
REVIEWED BY CITY MANAGER: ?1 ~ac-,., /~
City of Atlantic Beach Union Proposal 2015-2016
AGENDA ITEM #8C
SEPTEMBER 14, 2015
Wage Proposal: For all FT employees who have been with the City for at least six months and have a
satisfactory performance evaluation: I% COLA increase to pay scale and 3% merit increase, added to
midpoint, contingent upon approval of the City budget by the Commission, at which point it would be
effective October 1, 2015, assuming an executed agreement with the Union.
Contract Extension: The Union agrees to extend the current contract to September 30, 2016 except for
the above wage proposal. Furthermore as part of the extension the Union would like to start
negotiations as soon as possible after October 1, 2015 and that contract would be good for a period of
two (2) years ending September 30, 2018.
IN WITNESS THEREOF, the parties have caused this Agreement to be signed in their respective names by
their respective representatives .
FOR THE CITY:
Nelson VanLiere
City Manager
Date
FOR THE UNION:
Business Manager, Local 630
Date
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENnA ITEM f/8D
SEPTEM BER 14,2015
AGENDA IT ~M: Coastal Florida PBA Nego ti ations 2015-2018 Contract
Cat herine Beny, Esq., llum an Resources Director c.B SUBM ITTED BY:
DATE: August 28, 20 15
BACKGROUND: The three-year co ntract that the Cit y or Atlantic Beach en tered into wit h the Coasta l Florida
Police Benevolent Association exp ires September 30, 2015. 'l11 c Cit y and Union had th ree
public nego ti atio n meetings and came to an ag reem ent , pending ratification and Comm ission
approva l on a new con tract that benefits both the C ity and the Union members. The key
provisions in the con tract that have been changed are as follows :
Page
II
5
22
37
41
41
42
Al"ticlc
Table of Co nten ts
Agreement
Art. 4
Emp loyment
Guide I ines
A1t. 13.1 d.
Pe rso nal Leave
Hou rs
Art. 23.7
Uniform s
Art. 26
Wages
At1. 26.2
Wages
Art. 26.3
Wages
Description
Article 29 becomes MUTUAL CONSENT
Cha nged year to 20 15 , in clud ed "in writi ng" and de let ed
"if appropriate"
Included "sexual orientation" and "gender identity", as
well as "o r any other non-merit factor except where age or
sex is a bona fid e occupa ti onal qualification for the job
necessary for proper and efficient job pertonnancc."
Deleted the first part of the provision to leave the
maximum number of hours = 680.
Added "to in cl ud e Sergeants assigned to superv ise the
units'' and added "This a ll owa nce sha ll not include up to
two (2) department pol o-s tyl e shirts bearing the Atlantic
Beach Po li ce Badge." This just cl arities current practice.
Chan ged to I % COLA to pay scale plus 3% merit added
to midpoint, co ntingent upon approval of the Cit y budget
by the Com mi ssion.
Night shift differential = $1/hour for ho urs wo rked
between 6 p.m. an d 6 a.m.
Delete prior dates and rates so that it read s th at emp loyees
will cont1ibute 8% toward their pension.
42
43
43
44
Art. 26.7
Wages
Art. 26.9
Wages
Art. 26.9
Wa ges
A rt . 26.11
Wage s
AGENDA ITEM NBD
Sl!:PTF.MIJER 14,2015
Red uced FTO addit ive for PFC and SPO class ifi ca ti ons to
7% due to new Caree r Development Pro gram . Sergea nts
and non-PFC or -S PO will rece ive 10%.
De leted Ac tin g Sergea nt an d Lt add iti ve due to new
Career Deve lop ment Program .
Ca ree r Deve lopme nt Program : Adds two new
classificat io ns of police officers (Po li ce Officer Firs t Class
-PFC -and Se ni or Police Ofticcr -SPO) and o utl ines I he
promotio nal op portunities.
Deleted reference to end of longevi ty pay .
45 Art. 28.1 Added "loca l" law, '(gender identity and sex ual
Anti -Di scrimination orien tat ion", as we ll as "or any other non-merit fac to r
except whe re age or sex is a bo na fide occ upational
q uati fi ca ti on for the job necessary for proper and efficient
job performance.''
45 Art. 28.2 Added "loca l" law
Anti -Di scrimin at ion
46
5 1
A1t. 29
Mutual Co nse nt
Article 34
Dur ation of
Agreement
Added thi s due to new law: Chapter 20 15-39 re: pen sion .
l 00% ofthe accumulated excess premium tax revenu es
will be ut ili zed to fund the unfunded li ab ili ty of the Poli ce
Pen sion Fund until it is fu ll y fund ed.
Changed dates and sig natories.
COAB package De leted entire page.
proposal
Attach A Current Pay Sca le
l3UDO ET: Inc luded in 20 15-20 16 Ci ty Budget
RECO MMEND/\ TJON: That th e Mayor be authori zed Lo sig n the att ached three-year (20 15-20 18) agree ment
with the Union, co ntingen t upon approval or the bud get by the Co mmi ssion.
ATTACHMENTS: City of Atl antic Be ach and Flo rid a Co astal PBA Co ntra ct for 20 15-20 18.
REV IEWED BY CTTY MA NAGER: -?f.~~<
2
AGREEMENT
between
COASTAL FLORIDA
POLICE BENEVOLENT ASSOCIATION
AND
THE CITY OF ATLANTIC BEACH
AGENDA ITEM #80
SEI'TEMilER 14,2015
TABLE OF CONTENTS
AGENDA ITEM #8D
SEPTEMBER 14, 2015
A1iicle No. Title Page
AGREEMENT ............................................ .
A1iicle RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A1iicle 2 PAYROLL DEDUCTION AND DUES . . . . . . . . . . . . . . . . . . . . . . . . . . 3
A1iicle 3 NO STRIKE PROVISION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Article 4 EMPLOYMENT GUIDELINES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
A1iicle 5 MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Article 6 SPECIAL MEETINGS/.............. . . . . . . . . . . . . . . . . . . . . . . . . . 8
A1iicle 7 PROBATIONARY EMPLOYEES AND SENIORITY.... . . . . . . . . . . 9
A1iicle 8 RULES AND REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Article 9 DISCHARGE AND DISCIPLINE .............................. 12
A1iicle 10 GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
A1iicle 11 ARBITRATION PROCEDURE ................................ 18
Article 12 HOLIDAYS ................................................ 20
Article 13 PERSONAL LEAVE HOURS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Article 14 LEA YES OF ABSENCE WITHOUT PAY . . . . . . . . . . . . . . . . . . . . . . . 25
Article 15 MILITARY LEAVE ......................................... 26
Article 16 BEREAVEMENT LEAVE .................................... 27
Article 17 HOURS OF WORK AND OVERTIME .......................... 28
Article 18 INJURY IN THE LINE OF DUTY .............................. 30
A1iicle 19 TUITION AID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
AGENDA ITEM #80
SEPTEMBER 14, 2015
A1iicle 20 INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
A1iicle 21 SAFETY AND HEALTH ...................................... 35
Article 22 BULLETIN BOARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
A1iicle 23 UNIFORMS ................................................ 37
Article 24 MILEAGE ................................................. 39
Article 25 LEGAL SERVICES .......................................... 40
Aliicle 26 WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Article 27 ALCOHOL AND DRUG TESTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Article 28 ANTI-DISCRIMINATION .................................... 46
A1iicle 29 MUTUAL CONSENT.... . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Article 30 AMENDMENTS ............................................. 48
A1iicle 31 SAVINGS CLAUSE .......................................... 49
Article 32 SEVERABILITY ............................................. 50
Article 33 ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Article 34 DURATION OF AGREEMENT ................................. 52
11
AGREEMENT
AGENDA ITEM #8D
SEPTEMBER 14, 2015
This Agreement is entered into this __ day of 2015 between the
City of Atlantic Beach, hereinafter refened to as the Public Employer, or City,
and the Coastal Florida Police Benevolent Association, Inc., hereinafter referred
to as the Association. It is the intent and purpose of this Agreement to assure
sound and mutually beneficial working relationships between the pmiies hereto,
to provide an orderly and peaceful means of resolving misunderstandings or
differences which may arise and to set forth basic and full agreement between
the parties concerning wages, hours and other conditions of employment
enumerated herein. There shall be no individual anangements or agreements
covering any part or all of this Agreement contrary to the terms provided herein
without coordination with and approval by the above parties, in writing. It is
mutually understood and declared to be the public policy of the Public
Employer and the Association to promote harmonious and cooperative
relationships between the Public Employer and the Association and to protect
the public by assuring, at all times, the orderly and uninterrupted operations and
functions or government.
Whenever a male pronoun is used in this Agreement it shall be construed to
include reference to both sexes.
ARTICLE 1
RECOGNITION
AGENDA ITEM #8D
SEPTEMBER 14,2015
1.1 Pursuant to and in accordance with all applicable prov1s10ns of Part II of
Chapter 44 7, Florida Statutes, the Public Employer recognizes the Association
as the exclusive collective bargaining representative for those employees in the
unit certified by the Florida Public Employees Relations Commission (PERC)
per Unit Certificate 1665 in the Atlantic Beach Police Department for the
purpose of bargaining collectively in the determination of the wages, hours and
terms and conditions of employment of those public employees within the
bargaining unit.
1.2 It is further understood and agreed that the Association Staff Representative of
record (who is the certified bargaining agent as per F.S. 447.301 (2) will be the
official spokesman. In matters other than collective bargaining (i.e., the
resolution of grievances, etc.) or in the absence of the Staff Representative, the
Unit Representative or the alternate of the Atlantic Beach Police Department,
will be the official spokesman for the Association in any matter between the
Association and the Public Employer, only, however, on the matters which the
Association has authority regarding its membership. The Association shall
designate in writing the name of the Unit Representative and alternate.
1.3 The Association agrees to provide the City with the names of the officers for the
Association and will specify the name of the alternate spokesman. The
Association will also notify the City of any changes in Association negotiations
team as soon as possible.
2
ARTICLE2
PAYROLL DEDUCTIONS AND DUES
AGENDA ITEM #8D
SEPTEMBER 14, 2015
2.1 Upon receipt of a written authorization from an employee covered by this
Agreement, the Public Employer will deduct from the employee's pay the
amount owed to the Association by such employee for dues. It is understood
that this provision will provide for deductions equal to the number of pay
periods per year. The Public Employer will submit to the Association the
deducted sums within fifteen (15) calendar days of the normal payday. Changes
in the Association membership dues and rates will be certified to the Public
Employer in writing over the signature of the President of the Association and
shall be done at least thirty (30) calendar days in advance of the effective date of
such change. The City may notify Association members of any increase in dues
in advance of such increase being deducted by the Employer. The Public
employer's remittance will be deemed conect if the Association does not give
written notice to the Public Employer within seven (7) calendar days after
remittance is received of its belief and reasons stated therefore that the
remittance is incorrect.
2.2 The Association will indemnify, defend and hold the Public Employer hmmless
against any claim made, and against any suit instituted, against the Public
Employer as the result of any check-off of Association dues.
2.3 An employee may revoke his authorization for deduction of dues provided the
employee gives thirty (30) calendar days written notice to the Public Employer.
Upon receipt of such notification, the Public Employer shall forward a copy to
the Association and terminate dues on the pay date immediately following the
expiration of the thirty (30) calendar days notice period.
2.4 No deduction shall be made from the pay of an employee for any payroll period
in which the employee's net earnings for that payroll period are less than the
amount of dues to be checked off. Net earnings shall mean net after required
deductions.
2.5 If there is an amount deducted in excess of what is authorized by this
Agreement, the employee affected shall seek recourse with the Association and
not the City, provided that the excess amount deducted was in fact remitted to
the Association in the form of union dues.
3
ARTICLE 3
NO STRIKE PROVISION
AGENDA ITEM #8D
SEPTEMBER 14, 2015
3.1 The Association and bargaining unit members shall have no right to instigate,
support, promote, sponsor, engage in, or condone, in any manner, any work
stoppage, boycott, slow-down, strike, intentional disruption of City operations,
or to withhold services for any reason. Management shall have the right to
discharge or otherwise discipline any or all employees who violate the
provisions of this paragraph. The only question that may be raised in any
proceeding, grievance, judicial or otherwise, contesting such action is whether
this provision was violated by the employee to be discharged or otherwise
disciplined.
4
4.1 a.
ARTICLE 4
EMPLOYMENT GUIDELINES
AGENDA ITEM #8D
SEPTEMBER 14, 2015
The Association, its representatives, members or any persons acting on
their behalf agree that the following "unlawful acts" as defined in Chapter
447, Florida Statutes are prohibited;
1) Solicitation of public employees during working hours of any
employee who is involved in the solicitation; or
2) Distributing literature during working hours in areas where the work
of the public employees is perfmmed such as offices, warehouses,
schools, police stations, fire stations and any similar public
installations.
b. The circuit courts of the state shall have jurisdiction to enforce the
provisions of this section by injunction and contempt proceedings if
necessary. A public employee who is convicted of a violation of any
provision of this section may be discharged or otherwise disciplined by the
Public Employer notwithstanding further provisions of this or any other
agreement.
4.2 The Public Employer and Association agree that the basic intent of this
Agreement is to provide a fair day's work in return for a fair day's pay and to
provide conditions of employment suitable to maintain a competent work force.
The Public Employer and Association affirm the joint opposition to any
discriminatory practices in connection with employment, promotion, training or
assignment; remembering that the public interest requires full utilization of
employees' skills and ability without regard to race, color, age, creed, religion,
national origin, union affiliation or non-union affiliation, handicap, sex, sexual
orientation, gender identity, marital status, or any other non-merit factor except
where age or sex is a bona fide occupational qualification for the job necessary
for proper and efficient job performance. Any complaint or issue concerning
discrimination or discriminatory practices shall be addressed and handled
pursuant to Article 28 of this Agreement.
5
ARTICLE 5
MANAGEMENT RIGHTS
AGENDA ITEM #8D
SEPTEMBER 14, 2015
5.1 Except as expressly provided for in this Agreement, the Public Employer retains
the sole and exclusive right to manage its operations and direct the work of the
bargaining unit employee, including the rights to decide the number and
location of work stations, the operation of motorized equipment, the scope of
service to be performed, the methods of service, the schedule of work time; to
contract and subcontract existing and future work; to determine whether and to
what extent the work required in its operation shall be performed by employees
covered by this Agreement; to maintain order and efficiency in its work stations
and locations; to curtail or discontinue temporarily or permanently, in whole or
in part, operation whenever in the opinion of the Public Employer good business
judgment makes such curtailment or discontinuance advisable; to hire, lay-off,
assign, transfer, promote, demote, and dete1mine the qualifications of
employees; to create new job classifications and to create and amend job
descriptions; to determine the stmiing and quitting time and the number of hours
to be worked; to require an employee to take a physical or mental examination,
given by a health service, or a physician or psychiatrist selected by the Public
Employer; to assign ove1iime work; to discipline, suspend, and/or discharge
employees for just cause; and to have complete authority to exercise those rights
and powers incidental thereto, including the right to make unilateral change,
subject only to such regulations governing the exercise of these rights as are
expressly and specifically provided in this Agreement.
5.2 The above rights of the Public Employer are not all inclusive but indicate the
type of matters or rights that belong to and are inherent to the Public Employer
in its capacity as manager of the Police Department of the City. Any of the
rights, powers, and authority the Employer had prior to entering into this
collective bargaining agreement are retained by the Employer, except as
expressly and specifically abridged, delegated, granted or modified by this
Agreement.
5.3 Any and all aspects of wages, hours, and working condition, which are not
specifically covered by this Agreement, may be initiated, instituted, continued
or discontinued without notification of or consultation with the Association.
The Public Employer is not required to continue those voluntary aspects of
wages, hours, and working conditions not included in this Agreement, but
which were in effect prior to entering into this Agreement or instituted
thereafter, nor shall the employees have any binding right to such matters.
6
AGENDA ITEM #8D
SEPTEMBER 14, 2015
5.4 It is agreed that every incidental duty connected with operations enumerated in
job descriptions is not always comprehensive and employees, at the discretion
of the City, may be required to perform duties not within their specific job
descriptions as long as they are related to Police Department operations and
have the approval of the Chief of Police or their designee.
5.5 Whenever it is determined that civil emergency conditions exist, including riots,
civil disorder, hmricane conditions, or similar catastrophes, the provisions of
this Agreement may be suspended by the Mayor, City Manager and/or Chief of
Police during the time of the declared emergency provided that wage rates and
monetary fringe benefits shall not be suspended.
5.6 The Public Employer's failure to exercise any function or right hereby reserved
to it, or its exercising any function or right in a particular way, shall not be
deemed a waiver of this right to exercise such function or right, nor preclude the
Public Employer from exercising the same in some other way, provided such do
not conflict with the express provisions of this Agreement.
7
ARTICLE 6
SPECIAL MEETINGS AND ASSOCIATION TIME POOL
Special Meetings:
AGENDA ITEM #8D
SEPTEMBER 14, 2015
6.1 The Public employer and the duly appointed representative(s) of the Association
agree to meet and confer on matters of interest upon the written request of either
pmiy.
6.2 The written request shall state the nature of the matters to be discussed and the
reason(s) for requesting the meetings. Discussions shall be limited to the
matters set forth in the request or other subjects mutually agreed to, but it is
understood that these special meetings shall not be used to renegotiate this or
any other Agreement or for the resolution of grievances.
6.3 Such special meetings shall be held within ten (1 0) calendar days of the receipt
of a written request if said meeting is jointly agreed to by both parties in
writing. The meeting shall take place at a time and place mutually agreeable to
by the parties. The Association shall have the right at these special meetings, to
make recommendations to the Public Employer to improve department
operations and resolve problems identified by the Association.
8
ARTICLE 7
PROBATIONARY EMPLOYEES AND SENIORITY
AGENDA ITEM #SD
SEPTEMBER 14, 2015
7.1 All employees shall be classified as probationary employees for the first twelve
( 12) months of continuous uninterrupted employment, during which time such
employees may be laid off, disciplined or discharged with or without cause and
without recourse to the grievance procedure but will be afforded all the
protection as listed under F.S.S. 112. The City Manager and/or the Chief of
Police have the discretion to extend the probationary period with cause.
Provisions as to seniority shall not apply to probationary employees; rather,
seniority shall date back to the time of hire after an employee has successfully
completed his probationary period. If more than one employee is hired on the
same day, seniority shall be determined by the day (1-31) of birth, with the
employee with the lowest numerical day of birth having the most seniority. The
employee with the longest date of position is most senior.
7.2 Seniority:
Seniority as used herein, is defined as unbroken, continuous service with the
Atlantic Beach Police Department as a full-time, sworn law enforcement
officer. Authorized paid approved leave shall not reduce the officer's seniority
and seniority shall compute from the date hired as a full-time, sworn law
enforcement officer in accordance with applicable State and Federal Laws. Any
unpaid leave shall be in accordance with applicable state and federal laws, i.e.
Military Leave or FMLA.
7.3 Classification Seniority:
Classification Seniority shall begin with the most recent service in the
employee's classification, (e.g. Officer, Detective or Sergeant). Employees shall
not attain seniority until the completion of the probationary period in their
classification (probation is defined in Article 7.1 of this Agreement). Seniority
shall relate to the most recent date of promotion in that classification.
Employees that are returned to a lower grade position shall retain their seniority
as if they had been serving continuously within the lower grade position.
7.4 Seniority shall benefit each classification as follows:
a. Layoffs. Shall the need to layoff members of the Bargaining Unit exist, the
City should use the documented performance records of the individual(s),
seniority and the overall record before the layoff begins.
9
AGENDA ITEM #8D
SEPTEMBER 14, 2015
b. Position Elimination. If a sergeant's or detective's position is eliminated or
abolished, the sergeant or detective will return to the position previously
held, if a vacancy exists, without losing seniority in the classification to
which he/she is returned. If there is no vacancy within the previously held
position, the sergeant or detective shall be returned to the next lower
position and be given priority consideration whenever a vacancy within the
higher position previously held occurs.
7.5 Seniority shall be lost for the following reasons:
a. Voluntary resignation
b. Retirement
c. Termination
d. Failing to return to work from authorized leave of absence
10
ARTICLE 8
RULES AND REGULATIONS
AGENDA ITEM #SD
SEPTEMBER 14, 2015
8.1 Any general order issued after the effective date of this Agreement shall remain
in full force and effect, if not in conflict with any Article or Section in this
Agreement. All other general orders shall remain in full force and effect and the
Employer retains the right to issue other general orders in its sole discretion as
long as they comply with State and Federal Laws.
8.2 The City shall have the right to establish, maintain and enforce, or rescind,
amend or change, reasonable rules and regulations and standard operational
procedures as long as they comply with State and Federal Laws.
8.3 Any employee violating a rule or regulations or standard operational procedure
may be subject to disciplinary action, including dismissal.
11
ARTICLE9
DISCHARGE AND DISCIPLINE
AGENDA ITEM #8D
SEPTEMBER 14,2015
9.1 The Employer has the right to discharge, suspend or otherwise discipline
employees for just cause. The Employer shall consider, among other things, the
seriousness and frequency of offenses when determining the appropriate
discipline, which may include a warning, suspension or immediate discharge.
Employees are not entitled to a particular number of warnings prior to the
imposition of discipline, including discharge.
9.2 The following acts shall be grounds for discipline up to and including discharge.
a. Falsifying statements or records;
b. Stealing;
c. Drinking or possessing alcoholic beverages while on duty, unless authorized
by the Chief of Police;
d. Possessing, using or selling a controlled substance, including but not limited
to, narcotics, marijuana, or barbiturates, other than that prescribed by a
physician of the employee unless authorized by the Chief of Police;
e. Being under the influence of a controlled substance other than that
prescribed by a physician for the employee, or being under the influence of
an alcoholic beverage which would also be a violation of Article 9.2j;
f. Recklessness or negligence while on duty;
g. Violation of the no strike provision of this Agreement;
h. Violation of a published work rule or regulation or standard operational
procedure;
1. Failure to immediately report vehicle accidents involving damage to any
City property;
J. Conduct that could bring discredit to the Employer;
k. Having committed and/or convicted for felony, driving while under the
influence of alcohol, or narcotic substances, crime involving moral
turpitude, or a misdemeanor involving pe1jury or a false statement, or a
misdemeanor evidencing bad moral character;
12
AGENDA ITEM #8D
SEPTEMBER 14, 2015
1. Leaving the working area during working hours without authorization;
m. Sleeping while on duty;
n. Fighting, wrestling, horseplay, or any other act which might interfere with
the safe or efficient operation of the Employer;
o. Unauthorized absence;
p. Unauthorized tardiness;
q. Repeated failure to achieve a satisfactory evaluation of work performance;
r. Refusal to cooperate during an investigation;
s. Insubordination;
t. Conduct unbecoming a city employee; or
u. Refusal to obey the lawful commands of a superior officer, City Manager,
or their designee.
The foregoing enumeration of grounds for discipline are by way of illustration
and shall not be deemed to exclude management's right to discipline, or
discharge, employees for any other cause.
9.3 Failure to discipline an employee for violation of these rules, regulations, and/or
standard operational procedures shall not affect the right of the City to discipline
the same or other employees for the same or other violations of the same rules,
regulations, and/or standard operational procedures.
9.4 The City may use progressive discipline keeping in mind the officer's previous
records and the ability to use training as a means to correct the situation. Except
for serious violations, supervisors and department heads are encouraged to utilize
progressive discipline. Progressive discipline is an approach in which a sequence
of penalties is administered, each one slightly more severe than the previous one.
The goal is to build a discipline program that progresses from less severe to more
severe in terms of punishment for similar or like offenses. Steps within a
progressive discipline system that should be considered are:
13
AGENDA ITEM #8D
SEPTEMBER 14, 2015
a. Counseling. Does employee understand rules, policies, etc., and what is
expected of them? Such action may or may not be documented in writing;
however, the supervisor should maintain a record (date/time/subject) of
counseling. This action does not constitute official disciplinary action and is
considered as an administrative action.
b. Written Warning. Places employee on notice that further acts will result in
more severe disciplinary action. Such action must be documented in writing
by use of an official Employee Counseling Form and may, or may not, be
placed in employee's official personnel records. This action does not
constitute official disciplinary action and is considered as an administrative
action.
c. Official Reprimand. Written action that is placed within employee's official
personnel records. Such action should be documented, in writing, by use of
official Employee Counseling Form.
d. Suspension. Normally, the final step in the disciplinary process prior to
termination. Such action must be fully documented and should be
coordinated with the Human Resource Manager prior to implementation.
e. Demotion. Depending on circumstances, it may be appropriate over
removal. Such action must be fully documented and should be coordinated
with the Human Resource Manager prior to implementation.
f. Removal (same as termination). The most severe disciplinary action. Such
action must be fully documented and should be coordinated with the Human
Resource Manager prior to implementation.
9.5 Florida State Statute 112.532, (the Law Enforcement Officers' Bill of Rights as
amended from time to time) shall apply whenever a law enforcement officer is
under investigation and subject to intenogation by members of his/her agency for
any reason which could lead to disciplinary action, demotion or dismissal.
Florida State Statute 112.533 shall be complied with for the receipt and
processing of complaints received.
9.6 Employees shall be notified at the earliest practicable time following the request
by a private citizen to review the personnel file of the employee.
9.7 Files maintained by the Internal Investigation Division will be purged by
applicable State and Federal Laws.
9.8 The City will comply with Section 119.07 of the Florida Statutes and will not
release information of members of the Bargaining Unit unless allowed by law. It
shall be the right of any officer, at any reasonable time to inspect and request a
copy of his/her personnel records and completed internal affairs files.
14
ARTICLE 10
GillEVANCEPROCEDURE
AGENDA ITEM #8D
SEPTEMBER 14, 2015
10.1 In a mutual effort to provide harmonious working relations between the parties
to this Agreement, it is agreed to and understood by both parties that there shall
be a procedure for the resolution of grievances between the parties arising from
an alleged violation of specific terms of the Agreement as provided in this
A1iicle.
10.2 For the purpose of this Agreement, a grievance is defined as a disagreement
between the Public Employer, Association and one or more of its employees
concerning the interpretation, application, or compliance with this Agreement,
including disagreements regarding discipline.
10.3 Grievances may be taken up during the working time of the grievant upon the
mutual agreement between the Public Employer and the Association. Affected
personnel of the Department will follow the steps as numerically outlined where
they are organizationally feasible. In issues dealing with discipline, the City
and Association agree that due to the organizational structure of the Police
Department, subordinate supervisors are not authorized to circumvent decisions
of a higher ranking supervisor or the Chief of Police. Therefore, a grievant may
file the first step of the grievance with the supervisor who is alleged to have
breached this Agreement. If the grievant is grieving a discipline issue, the
grievance shall be filed with the supervisor who directed the discipline.
10.4 All grievances proceeding to Step II must be reduced to writing and must
contain the following information:
a. The specific Article and Section of this Agreement alleged to have been
violated by the Public Employer;
b. A full statement of the grievance, giving a description of the facts and dates
and times of the events involved in the alleged violation, and the specific
remedy desired by the grievant;
c. Signature of grievant, or Staff Rep. if grievance is being submitted by the
Association , and date signed; and,
d. Designation letter signed by the grievant, if applicable, designating any
representative appointed to represent them during the grievance process.
Failure of the grievant to comply with this section shall make the grievance null
and void.
15
AGENDA ITEM #8D
SEPTEMBER 14, 2015
10.5 All grievances shall be processed in accordance with the following procedure:
Step 1 -The grievant shall orally, or in writing, present his grievance to
his immediate supervisor within ten (1 0) working days of receipt of an
official written notice or of the occurrence of the action giving rise to the
grievance, provided that should the action giving rise to the grievance
occur while the employee is on authorized paid leave of absence or is on
his scheduled day( s) off the grievant shall have ten (1 0) working days
from returning to duty to orally, or in writing present his grievance.
Discussions will be inf01mal for the purpose of settling differences in the
simplest and most effective manner. The immediate supervisor will
discuss and make an effort to resolve all legitimate grievances with
fairness and justice for both the grievant and the Public Employer. The
immediate supervisor shall orally communicate a decision to the grievant
within ten (1 0) working days from the date the grievance was presented to
him.
Step 2 -If the grievance is not settled at the first step, the grievant and/or
his designated representative shall within ten (1 0) working days of the
response under step 1 present the grievance in written form (in compliance
with Article 10.4) to the Chief of Police with a copy to the City Manager.
The Chief of Police or his designee, shall investigate the alleged grievance
and shall within ten (1 0) working days of receipt of the written grievance
conduct a meeting with the grievant, his representative (as appropriate),
and the Association if the grievant requests Association representation.
The Chief of Police or his designee shall notify the grievant, in writing, of
his decision no later than ten (1 0) working days following the meeting.
Note: If the Step 1 Grievance was submitted to the Chief of Police and a
Step 1 meeting with the grievant has been held, another meeting at Step 2
is optional and at the discretion of the Chief of Police.
Step 3 -If the grievance is not settled at the second step, the grievant
and/or his representative shall within ten (1 0) working days from the date
of the Chief of Police's decision present the written grievance to the City
Manager or his designee. The City Manager, or his designee, shall
investigate the alleged grievance and may within ten (1 0) working days of
receipt of the written grievance conduct a meeting with Public Employer
representatives, the grievant and the Association if the grievant requests
Association representation. The City Manager or his designee shall notify
the grievant in writing of his decision not later than ten ( 1 0) working days
after the date the grievance was received by the City Manager, or from the
date of the meeting, if conducted.
16
AGENDA ITEM #8D
SEPTEMBER 14, 2015
Step 4 -If a grievance, as defined in this Article, has not been
satisfactorily resolved within the Grievance Procedure, the Association
Staff Representative of record may request arbitration in writing to the
Office of the City Manager no later than ten (1 0) working days after the
response is received in Step 3 of the grievance procedure.
10.6 It is the mutual desire of the Employer and the Association that grievances shall
be adjusted as quickly as possible and to that end the time limits set forth in this
A1iicle are to be strictly enforced. The time limits may only be extended by
mutual written agreement.
The term "work days" as used in this Article include days that the City Hall is
open for business (excluding authorized absences of either pmiy). For the
purpose of calculating time limits, the day on which a grievance, or a reply by
management to a grievance, is received, shall not be counted. Failure of
management to observe the time limits for any step in the Grievance Procedure
without a mutually agreed written extension of time shall entitle the grievant (or
the Association in the case of Step 4) to proceed to the next Step of the
Grievance Procedure as outlined in this Article. Failure of the Association to
observe the time limits for any step in the Grievance Procedure without a
mutually agreed written extension of time shall terminate the grievance.
17
ARTICLE 11
ARBITRATION PROCEDURE
AGENDA ITEM #8D
SEPTEMBER 14, 2015
11.1 Whenever the Association requests arbitration in accordance with the provisions
of Article 10, the pmiies shall within ten (1 0) working days following appeal to
arbitration jointly request the Federal Mediation and Conciliation Service to
submit a panel of seven (7) arbitrators, each of whom shall be a member of the
National Academy or Arbitrators. Arbitrators shall be selected from such panel
by alternately striking names from this list (the Association shall make the first
strike) until only one name remains on the list.
11.2 The limitations of the powers of the Arbitrator are as follows:
a. The Arbitrator shall not have the power to add to, subtract from, or alter the
tenns of this Agreement;
b. The Arbitrator shall have no power to establish wage scales, rates for new
jobs, or to change any wage;
c. The Arbitrator shall have only the power to rule on matters arising under
this Agreement and is confined exclusively to the question(s) which is
presented to him which question(s) must be actual and existing;
d. If the subject of the grievance submitted to arbitration concerns disciplinary
measures (including discharge) taken against one or more employees, the
Arbitrator is only empowered to pass upon whether the employee or
employees concerned actually committed, participated in, or were
responsible for the act of misconduct. The Arbitrator has no authority to
pass upon the nature, extent, or severity of the disciplinary measure(s) taken,
such determination being solely a managerial prerogative. If the Arbitrator
finds that the employee has not committed, participated in, or was not
responsible for, the act of misconduct for which he has discipline, the
Arbitrator has the power to make the employee or employees whole,
including ordering back pay (less compensation received from any other
sources) for time lost, and reinstatement when applicable.
11.3 There shall be no appeal :fi:om the Arbitrator's decision; it shall be final and
binding on the Association and on all bargaining unit employees and on the
Public Employer, provided the Arbitrator's decision is not outside or beyond the
scope of the Arbitrator's jurisdiction, or is not in violation of public policy. The
authority and responsibility of the Public Employer, as provided by Florida
Law, shall not be usurped in any matter.
18
AGENDA ITEM #8D
SEPTEMBER 14, 2015
11.4 The Arbitrator will charge the cost of his services to the losing party of each
grievance. Each side will pay its own representative and witnesses. The cost of
a court reporter and the transcription fee shall be paid by the party requesting
the court reporter and/or a transcription of the proceedings.
19
ARTICLE 12
HOLIDAYS
AGENDA ITEM #8D
SEPTEMBER 14,2015
12.1 The following are recognized as holidays under the terms of this agreement:
New Years Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Christmas Day
Any day that the City Commission may designate
NOTES:
January 1st
3rd Monday in Janumy
3rd Monday in February
Last Monday in May
July 4th
1st Monday in September
November 11th
4th Thursday in November
Friday after Thanksgiving
December 24th
December 25th
For union members that work shifts, Holidays shall be observed on the actual date that they
occur.
For union members that work a Monday through Friday workweek:
Whenever Christmas falls on a Saturday, Christmas shall be observed on the preceding
Friday with Christmas Eve observed on the preceding Thursday.
Whenever Christmas falls on a Sunday, Christmas shall be observed on a Monday with
Christmas Eve observed on the preceding Friday.
Whenever Christmas falls a Monday, Christmas shall be observed on Monday with
Christmas Eve observed on the preceding Friday.
12.2 Not Scheduled to Work a Holiday:
Employees who are not scheduled to work on the observed holiday shall receive at the
discretion of the Public Employee either eight (8) hours pay at the employee's regular
straight time hourly rate of pay or eight (8) hours of compensatory time, at the straight
time rate.
20
12.3 Scheduled to Work a Holiday:
AGENDA ITEM #SD
SEPTEMBER 14, 2015
Worked the Holiday. Employees whose work shift stmis on the holiday shall receive
Holiday pay equal to their scheduled shift (8, 10, 12, etc. hours), plus be paid the
employee's regular hourly rate of pay, or provided compensatmy time, hour-for-hour,
for each hour worked during that shift. The minimum accrual of holiday pay will not
equal less than eight (8) hours.
Did Not Work the Holiday, i.e., approved to take the Holiday off.
Employees shall receive Holiday pay equal to their scheduled shift (8, 10, 12, etc.
hours) and shall not be required to take Personal Leave or receive any additional
compensation for the Holiday.
12.4 In order to be eligible for holiday pay the employee must have worked the last
scheduled working day immediately prior to the holiday and the first regularly scheduled
working day immediately after the observed holiday unless the employee is on paid
vacation, militmy leave, paid sick leave substantiated by a doctor's cetiificate, or other
paid absences excused by the Chief of Police. Employees must be expected to return to
work in order to receive holiday pay.
12.5 Employees who have been assigned holiday work and fail to repmi for and perform
such work without reasonable cause shall not receive pay or compensatory time for the
holiday and shall be subject to appropriate disciplinary action.
12.6 Employees who are on an unpaid leave of absence or layoff on their last scheduled
workday proceeding the day on which such holiday is observed shall not receive pay or
compensatory time for the holiday.
12.7 The accrual and payout of compensatory time under this Section shall be governed by the
provisions of Atiicle 17.
21
ARTICLE 13
PERSONAL LEAVE HOURS
AGENDA ITEM #8D
SEPTEMBER 14, 2015
13.1 The "Personal Leave Hours" concept is advancement from the traditional
vacation and sick leave system.
a. When a Personal Leave Hour is used for illness or other emergencies,
employees are required to notify the on-duty supervisor, or if he/she is
unavailable the Communication Center of the nature of the illness or
emergency at least one hour prior to the start of the employees shift.
When an employee is planning to use Personal Leave or Compensatory
Time off, he must submit his request for the leave in writing to the Police
Chief, or his designee, at least fourteen ( 14) calendar days, prior to the
first day of the intended absence. The Chief of Police, or his designee,
shall respond to the request within seven (7) days, not including Saturday,
Sunday, or holidays, of receipt of the request. Approval of the leave may
be denied if in the discretion of the Chief, or his designee, such leave
would pose an undue disruption of the department.
The employee's supervisor may approve any leave without fourteen (14)
days prior notice so long as the employee is not absent for more than forty
( 40) hours. The granting or denial of this request shall be the discretion of
the Division Commander of the work shift that is affected.
b. Minimum units charged against Personal Leave under sections 13.1a shall
be in increments of fifteen ( 15) minutes or more.
c. For Personal Leave hours used for illness, the City always retains the right
to require medical documentation of the illness.
d. The maximum number of personal leave hours which may be accrued and
canied forward to the following fiscal year is 680 hours.
Employees should make every attempt to schedule and use their personal
leave prior to the end of each fiscal year. Failure to use the personal leave
time will result in forfeiture on October 1 of each fiscal year of any time that
exceeds the 680 hour limit.
If a personal leave request is cancelled by the City due to no fault of the
employee and cannot be rescheduled prior to the end of the fiscal year, their
22
AGENDA ITEM #8D
SEPTEMBER 14, 2015
City Manager head may approve the employee to cany-over the personal
leave hours that were canceled. In such unusual case, the employee must
use these personal leave hours prior to the end of the next fiscal year.
e. No Personal Leave Hours may accumulate to an employee who is in a
non-pay status or utilizing donated leave.
f. Eligible employees who resign with at least two (2) weeks' prior written
notice of resignation to the City Manager, are laid off, or who retire shall
be paid for up to 680 unused personal leave hours as follows:
(1) Employees hired by the City before October 1, 2012, with ten (10)
or more years of completed service on the date their employment ends
shall be paid out 100% of the personal leave hours accrued (up to a
maximum of 680 hours).
(2) Employees hired by the City before October 1, 2012, with less than
ten (10) years of completed service on the date their employment ends
shall be paid out 50% of personal leave hours accrued (up to a maximum
of 680 hours).
(3) Employees hired by the City on or after October 1, 2012, shall be
paid out 50% of personal leave hours accrued (up to a maximum of 680
hours).
13.2 In the event of the employee's death, the balance of the employee's Personal
Leave shall be paid to the beneficiary of the deceased employee.
23
AGENDA ITEM #8D
SEPTEMBER 14, 2015
13.3 Effective on the date of ratification of this Agreement by both parties personal
Leave time shall accumulate during each pay period and shall be credited to the
employee at the end of each pay period using the following schedule:
Beginning Thru Hours per Total Annual
Year of Year Pay Period Hours
Employment
First Year 4.62 120
1 3 5.54 144
4 5 6.15 160
6 7 6.77 176
8 10 7.69 200
11 12 8.31 216
13 14 8.92 232
15 9.54 248
24
ARTICLE 14
LEAVES OF ABSENCE WITHOUT PAY
AGENDA ITEM #8D
SEPTEMBER 14,2015
14.1 The City shall conform to the Family Medical Leave Act (FMLA) with FMLA
eligible employees entitled to leave per a twelve (12) month period for the
periods and reasons as specified in the FMLA.
14.2 Leaves of absence without pay may also be granted for other reasons deemed
acceptable to management other than those covered in under the FMLA.
14.3 All leaves, with or without pay, should be requested by the employee in writing
and should be approved in writing before becoming effective.
14.4 Requests for Military Leave shall be submitted in accordance with Article 15.
14.5 Any approved Leave Without Pay (L WOP) shall become effective only after the
employee has utilized all available paid leave and compensatory time to which
they may be entitled.
14.6 An employee's starting date will be adjusted for leaves of absence without pay,
unless restricted by State or Federal law.
25
ARTICLE 15
MILITARY LEAVE
AGENDA ITEM #8D
SEPTEMBER 14, 2015
15.1 The City will grant employees leaves of absence for military duties as dictated
by the requirements of state and federal laws.
15.2 Employees requesting military leave are responsible for notifying the Chief of
Police as soon as possible of the dates for such training period(s).
15.3 An official set of military orders should be submitted as soon as possible, but in
no case shall an employee be paid for Military Leave until an official set of
orders or appropriate documentation have been received.
26
ARTICLE 16
BEREAVEMENT LEAVE
AGENDA ITEM #SD
SEPTEMBER 14,2015
16.1 Employees covered by this agreement may be granted, upon approval of the
Chief of Police, time off with pay not to exceed three calendar days, in the event
of a death in the employee's immediate family for the purpose of attending the
funeral and/or attending to related obligations of the deceased relative. An
employee may be granted up to four ( 4) hours off with pay if the employee is
required to act as a pallbearer for a deceased member of the Atlantic Beach
Police Department.
16.2 The employee's immediate family shall be defined as the employee's spouse,
father, mother, son, daughter, brother, sister, father-in-law, mother-in-law,
grandparents, step-parents, step-child, step-brother, step-sister and any other
member of kinship who may be residing under the same roof with an employee
during the time of death.
16.3 Funeral leave or bereavement leave shall be paid leave and not charged to
personal leave days.
16.4 The employee may be required to provide the Chief of Police with verification
of death before compensation is approved.
27
ARTICLE 17
HOURS OF WORK AND OVERTIME
AGEN:pA ITEM #SD
SEPTE~BER 14, 2015
17.1 The bargaining unit employee's basic work period shall be based on the Fair
Labor Standards Act (FLSA) with a work period of fourteen (14) days. The
basic work period for an employee covered by this Agreement will consist of up
to eighty-four (84) hours per 14-day work period. When the City deems it
necessary, the basic work period may be changed, provided the employees are
given at least seven (7) calendar days notice prior to the change.
17.2 Whenever the Chief of Police or the City Manager permits an employee (at the
employee's request) to attend a training seminar or training program which is
not specifically assigned, the employee shall have no right to receive any
compensation or compensatory time for the hours spent traveling to or from or
attending the seminar or program. However, the Chief of Police or City
manager may at their discretion compensate the employee for attending the
seminar or program and/or reimburse the employee for travel or lodging
expenses. Such decision is not subject to the grievance or arbitration procedures
of this agreement.
17.3 Except as provided in Section 1 7 .4, all hours worked in excess of 84 hours
during an employee's basic scheduled work period shall be considered ovetiime
and shall be compensated at the rate of one and one-half (1 Yz) times the
employee's regular hourly rate of pay.
17.4 An employee will have the option of receiving compensatory time off or
overtime pay provided 85% or more or the overtime budget has not been
expended at the time the overtime work is performed. However, the maximum
amount of compensatory time, which may be accrued under this agreement
(including Article 12 and Article 17), is one-hundred (1 00) hours of
compensatory time. Under this Atiicle, compensatory time shall be accrued at
the same rate as overtime pay. Once an employee accrues one-hundred (100)
hours of compensatory time, no further accrual of compensatory time will be
allowed. Thereafter, hours worked in excess of an employee's regular
scheduled two week work period shall normally be paid to the employee.
17.5 For the purpose of taking compensatory time off, the employee shall, in
accordance with procedures for Personal Leave, Article 13, request to be
allowed to utilize his accrued hours. All accrued compensatory time off must be
taken during the fiscal year (October 1 -September 30) in which it is earned. If
not, the employee shall receive a cash payment for the excess unused
compensatory time on or after the last pay period of the fiscal year but no later
than September 30th of the same fiscal year at the regular hourly rate earned by
the employee at the time the employee receives such payment. Note:
28
AGENDA ITEM #8D
SEPTEMBER 14,2015
Employees will not be paid for Compensatory Time unless their Compensatory
Time payment amount equals or exceeds one hour.
17.6 Hours worked in excess of the employee's normal scheduled hours due to
emergency situations such as hurricanes, tornadoes, civil disorders and other
like matters as declared by the Chief of Police, will be compensated for at the
rate of one and one-half (1 Yz) times the employee's regular hourly rate of pay.
17.7 When an employee is required to appear as a witness at a deposition, trial, or
hearing on a pending criminal, civil, or traffic case or as a witness in a pending
departmental disciplinary action, where the employee is or was involved in his
official police capacity, and such appearance occurs when the employee is
scheduled to be off duty, he shall be compensated at the employee's regular rate
of pay for the reasonable time spent traveling to and from the location of the
deposition, trial, or hearing and for the time spent in performing his duties as a
witness, with a minimum of three (3) hours. Provided, however, the employee
must submit to the Police Chief a copy of any notice of deposition or subpoena
and must remit to the City any witness fee or fees received in connection with
the appearance that exceed twenty dollars ($20.00) excluding travel
reimbursement, unless City transportation is furnished in which case travel
reimbursement should not be requested or accepted or if receive such fee will be
signed over to the City.
17.8 In changing individual work schedules, management will take into
consideration the interests of the employees affected and the needs of the
department. The City will give as much advance notice as possible. Where
possible there should be a minimum of twelve hours between the completion of
the employee's prior work shift and the beginning of the next work shift. This
section does not apply in overtime circumstances.
17.9 Training days are viewed as hours worked, and the City may assign and/or
reschedule training days at the City's discretion. Scheduled training days are
mandatory work days and are generally in addition to the Officer's regular
schedule. Failure to attend scheduled training will be treated as any other
missed work day. Training days will be scheduled by the City as soon as
possible but in not case with less than 30 days notice to the employee.
29
ARTICLE 18
INJURY IN THE LINE OF DUTY
AGENDA ITEM #8D
SEPTEMBER 14, 2015
18.1 Any employee covered by this Agreement who sustains a temporary disability
as a result of accidental injury in the course of and arising out of employment by
the Public Employer, shall, in addition to the benefits payable under the
Workers' Compensation Law of the State of Florida, be entitled to the following
benefits:
a. When an employee is absent due to compensable injury, the City will pay
one-hundred percent (100%) of an employee's average daily earnings for
each regularly scheduled work day missed beginning with the first
calendar day of the authorized disability, and continuing through the
seventh calendar day of the authorized disability. However, in no case
shall these payments and those paid through Workers' Compensation
exceed the employee's normal net salary. Any amount paid by the city to
the employee who is subsequently paid by Workers' Compensation shall
be reimbursed by the employee to the city.
b. An employee sustaining a lost time injury under this Article may use
accumulated Personal Leave days to cover the time off the job due to an
injury until he is compensated by Workers' Compensation. Personal
Leave days can be used to supplement that percentage (33 1/3%) of his
pay which is not covered by Workers' Compensation. The request to
allow the employee to do the above must be made to the Chief of Police in
writing.
18.2 In addition to the benefits afforded under section 18.1(a), an employee,
subsequent to exhausting all Personal Leave days, may be awarded special
benefits by the city if special circumstances are found to exist in the sole
opinion of the City Manager. But such payments shall not, when added to
Workers' Compensation benefits, total more than the normal regular pay
received by the employee immediately prior to such disability, nor may such
payments continue longer than one year from the date of injury. Factors which
the City Manager may consider in each instance are as follows:
a. Consideration of degree of responsibility of employee/employer.
b. Obedience to or violation of laws, statutes, or ordinances involved m
connection with the causes of such disability.
c. Obedience to or violation of any Depmiment rules, regulations and
policies procedures, published work rule or instructions to the employee
by supervisors involving the cause of the disability.
30
AGENDA ITEM #8D
SEPTEMBER 14, 2015
The decision to grant or deny special benefits is not subject to the grievance or
arbitration provisions of the agreement.
18.3 The City may require the employee to be examined every twenty (20) calendar
days by a medical doctor selected by the City to determine whether the
employee should be continued on such leave or returned to duty.
18.4 In the event that an employee fails to return to work due to a disagreement
between medical doctor(s) for the employee and the city, then the city shall
select a third, duly qualified medical doctor who shall resolve the medical
disagreement. This medical examination shall be at the employee's expense. In
resolving the disagreement between the employee's doctor and the city's doctor
the decision of the third doctor shall be final and not subject to grievance.
18.5 Where injmy is caused by the knowing refusal of the employee to use a safety
appliance provided by the City, the Workers' Compensation benefits shall be
reduced twenty-five percent (25%). Failure to obey safety regulations or to use
safety devices shall result in disciplinmy action, up to and including discharge.
31
ARTICLE 19
TUITION AID
AGENpA ITEM #8D
SEPTEMBER 14, 2015
19.1 Any full time employee who has completed the initial probationary period will
be eligible to take courses which are approved in advance by the Police Chief as
being law enforcement related or for career development. Upon successful
completion of the course, the city shall reimburse the employee as follows
Reimbursable Items. An employee who successfully completes an approved
course where grades are assigned with a grade of "C" or better, or obtains a
satisfactory completion certificate when grades are not assigned will be
reimbursed 100% of the tuition, lab fees, registration fees, and costs for books.
Any member attending courses toward a Master's Degree may be reimbursed up
to 100% at the sole discretion of the City Manager.
Non-reimbursable items. 100% of the costs of supplies, transportation, parking,
equipment, plus all other fees not listed in this article will be the responsibility
ofthe employee.
The employee must present written evidence of completion of the course and
the grade achieved to validate payment from the employer. The employee shall
supply the Chief of Police with written notice of the course(s) to be taken,
information on the course(s) content and the cost of each course, and receive
approval prior to registration for the course(s) which the employee is requesting
reimbursement.
19.2 An employee who does not remain with the City for a minimum of one (1) full
year after completion of a course for which he has received education assistance
shall repay the reimbursement to the city at the rate of 11li11 of the total
received for each month remaining on the 12 month commitment.
19.3 Should there be no funds available from the City Training Fund the City will
not be required to reimburse the employee under Section 19 .1. The City will
advise the employee before the employee takes a course if the City anticipates
that no funds will be available.
19.4 In the event the employee is eligible for tuition aid from any other source, such
as, but not limited to Veteran's Benefits, the payments due under this article will
be reduced by the amount of benefits paid by other sources.
19.5 In addition to salary incentive monies called for in Florida State Statute 943.22,
an employee shall receive a monthly educational incentive from the City as
follows:
32
Degree
Associates or documented evidence
of eligibility for an Associates Degree
Bachelors Degree
33
AGENDA ITEM #8D
SEPTI):MBER 14, 2015
Monthly Amount
$ 50.00
$ 100.00
ARTICLE20
INSURANCE
AGENDA ITEM #8D
SEPTEMBER 14, 2015
20.1 The City agrees to provide employees with a group term life insurance policy
providing for coverage equal to the annual salary of the employees, but not to
exceed $50,000. The City agrees to pay the premiums for the employees'
coverage for such insurance.
20.2 The City agrees to provide employees with the basic health insurance group
program as offered to other City employees. The City agrees to pay the same
amount of premium for the same insurance coverage for bargaining unit
members as it does for other City employees. Dependent coverage for medical
and other insurance offered by the City will be available by payroll deduction at
the employees' expense.
34
ARTICLE 21
SAFETY AND HEALTH
AGENDA ITEM #8D
SEPTEMBER 14,2015
21.1 The Public Employer and the Association agree that they will conform to all
laws relating to safety, health, sanitation and working conditions. The Public
Employer and the Association will cooperate in the continuing objective of
elimination safety and health hazards where they are shown to exist.
21.2 Safety practices may be improved upon from time to time by the Public
Employer and upon recommendations of the Public Employer and the
Association. Protective devices, apparel, and equipment when provided by the
Public Employer must be used and any failure to obey safety regulations or to
use safety devices shall be just cause for disciplinary action.
35
ARTICLE 22
BULLETIN BOARDS
AGENDA ITEM #8D
SEPTEMBER 14, 2015
22.1 The Association may be permitted to provide for its own use one bulletin board not to
exceed four feet times three feet (4' x 3') in dimension, provided the bulletin board shall
be located only in the squad room.
22.2 The Association agrees it shall use the space on the bulletin board provided for herein
only for the following purpose: notices of Association meetings, notices of internal
elections for Association offices, reports of Association committees, policies of the
Association, recreation and social affairs of the Association, and notices by public
bodies. In no event shall the bulletin board be used to post political material or
controversial material. The Chief Representative or Alternate Representative of the
Association are the only authorized representatives to post material on the bulletin
board. Said representatives shall initial and date all material, which is posted.
22.3 The Chief of Police or his designee shall decide whether or not Section 22.2 has been
violated. Should it be determined that a violation has occurred the material shall
immediately be removed by the City with the removed material provided to the
Association Staff Rep.
22.4 The Police Department may post training, promotional, or transfer information on these
boards. Such material shall be removed from the boards within five (5) days of
expiration.
36
ARTICLE 23
UNIFORMS
AGENDA ITEM #8D
SEPTEMBER 14, 2015
23.1 The City will furnish all sworn bargaining unit employees who are required to
wear uniforms in the performance of their duties with uniforms and equipment
approved for their use.
23.2 The City will replace or repair the above items as they become torn, worn or
unserviceable due to the performance of the employee's official duty. Any
claim for a repair or replacement under this Section must be accompanied by a
written explanation to the employee's supervisor, setting forth the circumstances
necessitating the replacement or repair. The torn, worn, or unserviceable item
shall be presented to the Chief or Police or his designee for inspection and
determination as to whether the item should be replaced or repaired. It shall be
the decision of the Chief of Police or his designee as to whether the item shall
be replaced or repaired.
23.3 Any employee who damages, destroys, or loses any furnished article of uniform
due to carelessness or negligence will replace the article (or at the satisfaction of
the City repair) the article at his own expense, or such cost of replacement shall
be deducted from the employee's pay.
23.4 The employee shall wear the articles of the uniform provided in Section 23.1
only for official City business or as otherwise authorized by the Chief of Police.
23.5 Upon termination of employment for any reason, the employee shall return to
the City all articles of the uniform issued by the City or be required to pay for
such articles prior to receiving his final pay check or have the cost of the items
not turned in deducted from the employee's final pay check.
23.6 The City agrees to provide for the cleaning of uniforms sets (shirts and pants)
per employee per quarter as authorized and funded for within the annual
approved budget.
23.7 The city shall provide for the Detectives and Crime Suppression Unit members
covered by this agreement, to include sergeants assigned to supervise the units,
a clothing allowance of six hundred and fifty dollars ($650.00) per year to be
paid as indicated below. This allowance shall not include up to two (2)
department polo shirts bearing the Atlantic Beach Police Badge.
a. An initial payment for the first two quarters in the amount of a $325
clothing allowance shall be paid within fourteen (14) days of the
employee's initial assignment as detective.
37
AGENDA ITEM #80
SEPTEMBER 14, 2015
b. Following six months, additional payments of $54.17 will be paid
monthly within the first pay check of each month.
23.8 Any prescription glasses (not sun glasses) contact lenses, false teeth or partial
plates damaged, destroyed or stolen while an officer is acting in the
performance of his official duties for the City, shall be replaced or repaired by
the City, up to a maximum cost of $300.00, provided the damage or loss is not
the result of the employee's negligence.
Such claim for repair or replacement shall be supported by written explanation
as to how the damage/loss occmTed and be accompanied by documentation of
the original cost of said item, and shall be subject to provisions pertaining to the
processing of claims as set forth by the Chief of Police.
Wrist Watches damaged/destroyed shall be repaired or replaced up to a value of
$50.00. The same restrictions, requirements and procedures shall be followed
as set forth in the above paragraph.
If the loss is covered by any insurance policy owned by the victim employee,
then the City will be reimbursed for any replacement item in the amount
allowed and paid by the insurance company. The victim employee shall assist
the city in obtaining restitution from any subject, suspect, or party through all
legal processes. Any reimbursement or restitution received by the victim
employee shall be immediately paid to the City.
38
ARTICLE 24
MILEAGE ALLOWANCE
AGENDA ITEM #8D
SEPTEMBER 14, 2015
24.1 Employees directed by the Chief of Police or his designee to use their private
automobiles for City business, shall be compensated at the I.R.S. Mileage Rate.
39
ARTICLE 25
LEGAL SERVICES
AGENDA ITEM #8D
SEPTEMBER 14, 2015
25.1 The City agrees to provide at no cost to the employee, the services of an
attorney to defend the employee against any civil actions brought against him
while acting as an agent of the City, in the line of duty and on the City's behalf,
unless such action is bought about by an act of the employee due to his own
violation of Department Rules, Policies, Procedures or Instructions, negligence,
carelessness or the employee acted in bad faith, with malicious purpose, or in a
manner exhibiting wanton and willful disregard for human rights, safety, or
property.
25.2 It is understood and agreed that all employees shall fmnish notification in
writing of their intent to file suit in any comt of law, to the Public Employer, no
less than ten (1 0) working days before the actual filing date, provided the
lawsuit affects or is related in any manner with the Public employer.
25.3 Any employee involved in an accident with a vehicle owned by the Public
Employer, and said accident is the result of equipment failme or defect and the
defect was such that a reasonable and prudent person would not have noticed or
become aware of the defect, shall not be held accountable by the Public
Employer or results thereof. Any equipment failure or defect must be reported
at the time of the accident and included in the vehicle defects section of the
repmi. Neglect by the employee to notify his supervisor of any defect in the
vehicle will make this provision null and void.
40
ARTICLE 26
WAGES
AGENDA ITEM #8D
SEPTEMBER 14, 2015
26.1 The current salary ranges are shown in Exhibit A. Effective October 1, 2015,
there will be a 1% COLA increase to the pay scale upon approval of the City budget by
the Commission.
Effective October 1, 2015, employees with six (6) months service as of October
1, 2015, are in a position that is considered "year round," working on a scheduled
"year round" basis, and have received an evaluation of "Meets Requirements" or
above shall receive a merit increase of 3% of midpoint.
Evaluations: If an employee does not receive at least a "Meets Requirements"
overall evaluation, they shall not receive a pay adjustment and the supervisor may
take action to terminate the employee or the employee may be counseled, placed
in a 90-day improvement period, and reevaluated in accordance with the City's
performance evaluation program guidelines.
Minimum Pay: In no case shall an employee's pay be set below the minimum
established for the grade of the employee unless the employee receives less than a
"Meets Requirements" overall evaluation.
Maximum pay. In no case shall an employee receive a pay increase that would
result in the employee's pay exceeding the maximum pay for the grade of the
position to which the employee is assigned.
Bonuses. Employees of the bargaining unit are eligible to receive a bonus based
upon performance in accordance with the City's perfonnance evaluation program
guidelines.
Armlicabilitv. Pay adjustments will only be provided to individuals who are
employees of the City on the date that the Union contract is finally approved by
the City Commission.
Pay Ranges. The pay grades and salary ranges for classifications within the
bargaining unit are incorporated herein as Exhibit A.
26.2 Effective October 1, 2015, a $1.00 per hour Shift Differential will be added to the pay of
all Police Officers and Sergeants who work between the hours of 6:00 p.m. to 6:00 a.m.
41
AGENDA ITEM #8D
SEPTEMBER 14, 2015
26.3 The City shall assume the responsibility for ce1iain pension contributions for bargaining
unit members. The bargaining unit members' contribution rates will be 8%.
26.4 Any Police Officer covered by this Agreement who is assigned by the Chief of Police
to work in the Investigative Division or Crime Suppression Unit as a detective shall
receive pay at a rate ten ( 10%) percent above the employee's regular hourly rate of pay.
Such percentage shall not be added to the base pay but shall be in addition to the base
pay and apply to all pay, overtime, compensatory time paid, etc. received by the
officer.
26.5 Any Police Officer or Sergeant covered by this Agreement who is assigned to work as
a Detective in the Investigative Division or the Crime Suppression Unit (CSU) shall
have their title changed to Detective and shall receive an annual clothing allowance of
six hundred fifty dollars ($650.00) in accordance with Article 23. 7.
26.6 Any employee covered by this Agreement who is assigned as a Patrol
Investigator/Evidence Technician shall receive pay at a rate of five percent (+5%)
above their normal pay. Such percentage shall not be added to the base pay but shall be
in addition to the base pay and apply to all pay, ove1time, compensatory time paid, etc.
received by the officer.
26.7 Any employee covered by this Agreement who is assigned as a member of the Special
Weapons and Tactics Team (SWAT) shall receive a rate of pay five percent (+5%)
above their normal pay while such officers are performing actual SWAT duties, not
including training. Such percentage shall not be added to the base pay but shall be in
addition to the base pay and apply to all pay, oveiiime, compensatory time paid, etc.
received by the officer.
26.8 Promotion. Officers promoted to the rank of Sergeant shall receive a salary increase at
the time the promotion becomes effective, to at least the minimum of their new pay
range or an amount equal to the percentage difference between the current and new
grade midpoints (not to exceed 12%), whichever is greater.
a. Calculating a Promotional Increase. Since a promotional increase is granted to
recognize the assumption of additional job duties and responsibilities, the size of
the increase is calculated as a function of the size of the promotion, rather than
as a percentage of current salary. The formula used to calculate the promotional
increase is as follows:
New Midpoint-Current Midpoint= Percent Promotion Increase Amount(%*) Current
Midpoint
Or
An increase to the minimum of the new pay grade, whichever is greater.
42
AGENDA ITEM #8D
SEPTEMBER 14, 2015
* Not to exceed 12% unless required to bring the employee's salary to the
minimum of the new pay grade.
b. Anniversary Date. A new anniversary date will be established as the
effective date of promotion.
a. Minimum Pay. In no case shall a promoted employee's salary be set below the base
salary of the position to which they were promoted.
26.9 A career development program for Police Officers is being implemented upon
ratification and approval of this agreement. This program will create two (2)
career track positions that Police Officers can achieve after 3 and 6 years of
service. These positions, entitled Police Officer First Class (PFC) and Senior
Police Officer (SPO) will have added responsibilities, required training, education
and demonstrated competency in both community policing as well as leadership.
The officer will have to reach a minimum tenure in each position and demonstrate
the skill, knowledge and willingness to perform the requirements of the positions
before being promoted. There will be a 3% increase in pay for promotions to PFC
and SPO.
a. All members who are eligible for promotion will be required to submit an
application to the Chief of Police. Each candidate's file will be reviewed
by the Chief and Command Staff and a decision will be made regarding
promotions to PFC and SPO.
b. The number of positions allotted for PFC will equal fifty (50%) of the
total number of sworn officers allocated for the Police Depmiment,
excluding the Chief of Police, Commanders, Lieutenants and Sergeants.
The number ofSPO positions will equal fifty percent (50%) ofthe
allocated positions for PFC. Under this formula, there will be a total of 9
PFC positions and 5 SPO positions.
c. Officers hired prior to October 1, 2012, and who have a minimum of six
( 6) years of law enforcement experience will be eligible for promotion to
SPO without having to meet the requirements of three (3) consecutive
years as a PFC and the required college and career development courses.
These officers will be promoted based on their overall tenure,
qualification, training, attitude, work performance, disciplinary history and
ability to perform the requirements of the position. Under this provision,
officers who receive the 3% promotion to PFC will not receive an
additional 3% pay increase if and when promoted to SPO.
d. Police Officers hired after October 1, 2012 with less than 3 years
experience will be eligible to receive a 3% pay increase for promotions to
PFC and SPO. These officers are not subject to the provisions of26.9 (c)
and as such, will be required to meet all of the eligibility requirements for
promotion as established in the policy and procedure.
43
AGENDA ITEM #8D
SEPTEMBER 14,2015
26.9 Any employee covered by this Agreement, except for those classified as a PFC or SPO,
who is required by the Chief of Police or his designee to perform the duties of a Field
Training Officer (FTO) shall receive pay at a rate of ten percent (10%) above the
employee's regular rate of pay while the employee is actually perfonning the duties of
an FTO. Those employees classified as a PFC or SPO will receive pay at a rate of
seven percent (7%) above the employee's regular rate of pay while the employee is
actually performing the duties of an FTO. Such percentage shall not be added to the
base pay but shall be in addition to the base pay and apply to all pay, overtime,
compensatory time paid, etc. received by the officer.
44
ARTICLE 27
ALCOHOL AND DRUG TESTING
AGENDA ITEM #80
SEPTEMBER 14,2015
27.1 Both the City and Union recognize that drug and alcohol abuse is a problem
among our nation's work force. The City and the Association also recognize the
tremendous cost, both in terms of efficiency and in human suffering caused by
needless workplace accidents. Acknowledging the necessity for action, both
pmiies agree to the promotion of a drug free workplace pursuant to the Florida
Drug-Free Workplace Act (FS 112.0455 & FS440.102).
45
ARTICLE28
ANTI-DISCRIMINATION
AGENDA ITEM #8D
SEPTEMBER 14, 2015
28.1 In accordance with applicable Federal , State and Local Law, both the City and Union
agree that they will not discriminate on the basis of race, color, creed, national origin,
sex, religion, marital status, age, handicap, Union membership or non-membership,
gender identity, sexual orientation or any other non-merit factor except where age or
sex is a bona fide occupational qualification for the job necessary for proper and
efficient job performance. The City and the Association affirm their joint opposition to
any discriminatory practice in connection with employment, promotion, or training;
remembering that the public interest remains the full utilization or employees' skill and
ability without regard to consideration or race, color, creed, national origin, sex,
religion, marital status, age, handicap, or Union membership or non-membership
gender identity, sexual orientation or any other non-merit factor except where age or
sex is a bona fide occupational qualification for the job necessary for proper and
efficient job performance.
28.2 Any violation of this Article may be grieved pursuant to A1iicle 10 governing the
grievance process up to and including Step Three (3) as outlined in A1iicle 10. Under
no circumstances shall Step Four ( 4) of the grievance process and/or A1iicle 11
governing binding arbitration be allowed. This provision in no way restricts an
employee's right to file a complaint or claim according to City policy or applicable
local, state or federal law.
46
ARTICLE 29
MUTUAL CONSENT
29.1 Pursuant to Chapter 2015-039, Florida Statutes, the patiies to this agreement
AGENDA ITEM #8D
SEPTEMBER 14, 2015
MUTUALLY CONSENT to utilize 100% ofthe accumulated excess premium tax revenues to
fund the unfunded liability ofthe Police Pension Fund until it is fully funded.
The parties to this agreement attest to this mutual consent by their signatures below.
FOR THE CITY
Carolyn Woods
Mayor
Date
FOR THE ASSOCIATION
Kimberly Kilpatrick
President
47
Date
ARTICLE 30
AMENDMENTS
AGENDA ITEM #8D
SEPTEMBER 14. 2015
30.1 This Agreement contains the complete Agreement between the City and the
Association and no additions, waivers, deletions, changes or amendments shall
be made during the life of the Agreement except by mutual consent in writing of
the parties hereto.
48
ARTICLE 31
SAVINGS CLAUSE
AGENDA ITEM #8D
SEPTEMBER 14. 2015
31.1 The Public Employer retains all rights, powers, functions and authority it had
prior to the signing of this contract except as such rights are specifically
relinquished or abridged in this contract.
49
ARTICLE 32
SEVERABILITY
AGENDA ITEM #8D
SEPTEMBER 14, 2015
32.1 In the event any Article, Section or Portion of this Agreement should be held
invalid and unenforceable by any court of competent jurisdiction such decision
shall apply to the specific Article, Section or Pmiion thereof specified in the
court's decision; and upon issuance of such decision, the Public Employer and
the Association agree to immediately negotiate a substitute for the invalidated
Article, Section or Portion thereof.
50
ARTICLE 33
ENTIRE AGREEMENT
AGENDA ITEM #8D
SEPTEMBER 14, 2015
33.1 The parties acknowledge that during negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to any subject or matter not removed by law from the
area of collective bargaining and that the understandings and agreements arrived
at by the parties after the exercise of that right and oppmiunity are set forth in
this Agreement. Therefore, the Public Employer and the Association for the
duration of this Agreement each voluntarily and unqualifiedly waives the right
and each agrees that the other shall not be obligated to bargaining collectively
with respect to any subject or matter not specifically referred to or covered in
this Agreement even though such subjects or matters may not have been within
the knowledge or contemplation of either or both of the parties at the same time
they negotiated or signed this Agreement.
33.2 The parties agree that this Agreement only applies to active employees and
members of the bargaining unit on the date of City Commission approval and
for the life of this Agreement.
51
ARTICLE 34
DURATION OF AGREEMENT
AGENDA ITEM #8D
SEPTEMBER 14, 2015
This Agreement shall commence and become effective on October 1, 2015 and shall continue in
full force and effect until midnight on the thirtieth day of September, 2018 or until a successor
agreement is ratified. Each pmiy may reopen Article 26, Wages and two (2) other Articles of their
choice in 2016 and 2017.
If either party desires to negotiate a successor agreement, it may do so by giving the other pmiy
written notice to that effect no later than June 1st of each year.
FOR THE CITY FOR THE ASSOCIATION
Carolyn Woods, Mayor Date Kimberly Kilpatrick, President Date
Ratified by Union members on:
Approved by the City Commission on:
52
7/15/2015
Grade
Police Detective 40 hour workweek P19
Police Officer 42 hour workweek P19
Police Sergeant 42 hour workweek P22
CITY OF ATLANTIC BEACH
POLICE UNION PAY SCALE 2015
Minimum Midpoint Maximum
$18.07 $22.73 $27.39
$18.07 $22.73 $27.39
$23.16 $30.81 $39.00
Minimum
$37,583
$39,463
$50,580
AGENDA ITEM #8D
SEPTEMBER 14, 2015
Midpoint Maximum
$47,331 $56,970
$49,698 $59,820
$67,951 $85,322
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM #8E
SEPTEMBER 14,2015
AGENDA ITEM: Discussion of creating an Aliicle in Atlantic Beach's Code entitled
"Requirements for the Sale of Dogs and Cats".
SUBMITTED BY: Commissioner Maria Mark
DATE September 3, 2015
BACKGROUND: The City of Jacksonville Beach recently approved Ordinance No. 2015-8063
establishing the requirements for the sale of dogs and cats and to help ensure
the humane treatment of animals.
BUDGET: No budget impact
RECOMMENDATION: Direct the City Attorney to prepare an Ordinance similar to the City of
Jacksonville Beach's that establishes requirements for the sale of dogs
and cats in Atlantic Beach.
ATTACHMENT: (1) City of Jacksonville Beach Ordinance No. 2015-8063
AGENDA ITEM #SE
SEPTEMBER 14, 2015
Introduced By: Council Member Jeanell Wilson
1st Reading: August3. 2015
2nd Reading: August 17.2015
ORDINANCE NO. 2015-8063
AN ORDINANCE AMENDING CHAPTER 5, "ANIMALS", OF THE CODE OF
ORDINANCES OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, BY
CREATING ARTICLE II, DIVISION 1, "COMMERICAL ANIMAL
ESTABLISHMENTS," BY CREATING SECTION 5-35, TO BE ENTITLED
"REQUIREMENTS FOR SALES OF DOGS AND CATS"; PROVIDING FOR
DEFINITIONS; PROVIDING FOR PERMITTED SOURCES; PROVIDING
FOR CERTIFICATE OF SOURCE; AND PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the humane treatment of animals is an important public purpose; and
WHEREAS, puppy and kitten mills are inhumane and unsanitary commercial breeding facilities
for dogs and cats in which the health of the dogs and cats is disregarded to maintain a low
overhead and maximize profits; for example, by keeping parent dogs and cats in cages for their
entire lives without adequate food, water, veterinary care, or socialization; breeding females
multiple times per year with little to no recovery time between litters; and breeding dogs and cats
regardless of whether they carry congenital or hereditary diseases; and
WHEREAS, according to United States Department of Agriculture reports, documented
problems found at puppy and kitten mills include: 1) sanitation problems leading to infectious
diseases; 2) large numbers of animals overcrowded in cages; 3) lack of proper veterinary care for
severe illnesses and injuries; 4) lack of protection from harsh weather conditions; and 5) lack of
adequate food and water; and
WHEREAS, the Humane Society of the United States estimates that each year two to four
million dogs and cats are born in the United States in puppy and kitten mills; and
WHEREAS, the most effective way to stop puppy, and kitten mills is to discourage the purchase
and sale of puppies and kittens produced at these inhumane facilities; and
WHEREAS, according to the Humane Society of the United States, ·although American
consumers purchase dogs and cats believing the pets to be healthy and genetically sound, in
reality, the animals that come from mills often face an array of health problems; including not
only communicable diseases or genetic disorders that present immediately after sale, btit also
diseases or disorders that do not surface until several years later, all of which lead to costly
veterinary bills and distress to consumers; and
Ordinance No. 2015-8063 Page 1 of4
AGENDA ITEM #8E
SEPTEMBER 14, 2015
WHEREAS, numerous alternatives exist for people to fmd pets, including adoption of animals
from public and private animal rescue organizations or purchase from reputable and
conscientious breeders; and
WHEREAS, across the country, thousands of independent pet stores and large chain stores
operate profitably with a business model focused on the sale of pet services and supplies and not
on the sale of dogs and cats, often collaborating with local animal shelters and rescue
organizations to offer space and support for showcasing adoptable, homeless pets on their
premises; and
WHEREAS, the adoption of regulations governing the sale of dogs and cats in the City will
promote community awareness of animal welfare and foster a more humane environment and
encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals' lives and
reducing the costs to the public of sheltering animals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF JACKSONVILLE BEACH,
FLORIDA:
SECTION 1. That the Code of Ordinances, City of Jacksonville Beach, Florida Article II,
Division 1, is hereby amended by adding Section 5-35, "Commercial Animal Establishments,"
which section reads as follows:
DIVISION 1. -GENERALLY
Sec. 5-35. Commercial Animal Establishments -Requirements for sales of dogs and cats;
definitions; permitted sources; certificate of source; penalties.
(a) Definitions. For purposes of this Section, the following words, terms, and phrases shall
have the following meanings:
(1) Animal Rescue Organization means a humane society, animal welfare society,
society for the prevention of cruelty to animals, or other such not-for-profit
corporation or other legal entity devoted to the welfare, protection, and humane
treatment of dogs, cats, or other animals that is duly registered with the Florida
Department of State and the Florida Department of Agriculture and Consumer
Services, as applicable, and with the appropriate authority in the jurisdiction in
which the not-for-profit legal entity is headquartered.
(2) Breeder means any person or entity that causes dogs or cats to reproduce,
regardless of the size or number of litters produced. However, this definition
shall not apply to a pet owner who breeds his or her own pet and keeps all of
the offspring, so long as the total number of animals does not exceed the
maximum number set forth in Section 34-392(2).
(3) Cat means an animal of any age ofthe genus Felis catus.
( 4) Dog means an animal of any age of the genus Canis lupus familiaris or
resultant hybrids.
Ordinance No. 2015-8063 Page 2 of4
AGENDA ITEM #8E
SEPTEMBER 14,2015
(5) Pet dealer means any person that, in the ordinary course of business, engages
in the sale to the public of more than two litters, or 20 dogs or cats, regardless
of number per year, whichever is greater. Animal rescue organizations and
breeders shall be exempt from this classification.
(6) Pet shop means a retail establishment that, in the ordinary course of business,
engages in the sale of dogs or cats.
(7) Public animal shelter means a facility that is used for housing or containing
dogs or cats or other animals, and that is operated by or on behalf of a state,
county, municipality, or other governmental entity.
(8) Sale means the transfer of ownership in exchange for compensation or profit,
including money, goods, and services. This definition shall not include
adoption fees charged by an animal rescue organization.
(b) Permitted sources. After August 17, 2015, pet dealers and pet shops shall not display,
sell, trade, deliver, barter, lease, rent, auction, transfer, offer for sale or transfer, or
otherwise dispose of dogs or cats in the City, unless the pet dealer or pet shop certifies
that the dog or cat comes from one of the following sources:
( 1) An animal rescue organization, as defined in this section; or
(2) A pubHc animal shelter, as defined in this section.
(c) Certificate of source. A pet dealer or pet shop that obtains dogs or cats from a
permitted source shall post conspicuously on the cage of each dog and cat, the
following information:
(1) Copy of a notarized affidavit of verification from the source from which the
dog or cat was obtained. A copy of the certificate of source shall also be
provided to the purchaser or transferee of any dog or cat;
(2) The name and address of the source from which the dog or cat was obtained
and the date thereof;
(3) A description of the dog or cat, including species, breed, sex, color, and
distinctive markings, physical condition and health, and age (if known); and
( 4) For each dog or cat receiving medical care while in the custody or control of
the pet dealer or pet shop, the type of service rendered, date, and veterinarian's
name.
(d) This section does not apply to an animal shelter or animal rescue organization that operates
out of or in connection with a retail store.
(e) This section shall not apply to the display, offer for sale, delivery, bartering, auction, giving
away, transfer, or sale of dogs or cats from the premises on which they were bred and
reared.
(f) Special magistrate. A notice of violation shall be taken before the city's special magistrate
for consideration of the applicable fines. The special magistrate shall exercise jurisdiction
Ordinance No. 2015-8063 Page 3 of4
AGENDA ITEM #8E
SEPTEMBER 14, 2015
over such matters as set forth in Article VI, Section 2-170 of the Code of Ordinances of the
City of Jacksonville Beach.
(g) Penalties. Any person who violates this section shall be subject to a fine of $250.00 per
day per dog and/or cat for the first violation within a 12-month period, and a fine of
$500.00 per day per dog and/or cat for any subsequent violation within a 12-month
period. The Jacksonville Beach Police Department I Jacksonville Beach Animal Control
shall enforce the provisions set forth within this Section.
SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are, to
the extent that the same may conflict, hereby repealed.
SECTION 3. This ordinance shall take effect upon its adoption in accordance with the law.
-fA-
DONE IN OPEN MEETING THIS /'7 DAY OF {ULLj t.c:;C" , A.D. 2015.
William.
'Laurie Scott, CITY CLERK
Ordinance No. 2015-8063 Page 4 of 4
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM #SF
SEPTEMBER 14,2015
AGENDA ITEM: Discussion on proposing a Resolution opposing certain methods of oil and gas
extraction within the State of Florida and its adjacent waters including hydraulic and
acidic fracturing or "fracking".
SUBMITTED BY: Commissioner Maria Mark
DATE: September 3, 2015
BACKGROUND: Other Florida local communities have recently passed Resolutions opposing "fracking"
statewide. Should Atlantic Beach consider similar action?
BUDGET: No budget impact
RECOMMENDATION: Consider similar action and direct the City Attorney to draft a proposed
Resolution opposing "fracking" within the State of Florida and its adjacent
waters.
ATTACHMENTS: (1) City of St. Augustine Resolution No. 2015-10
(2) City of Fernandina Beach Resolution 2015-117
(3) Report from foods, water watch entitled "The Threat of Fracking to Florida:
Reasons Why Fracking Should Be Banned
( 4) List of Cities that recently passed resolutions
(5) Draft Resolution
RESOLUTiON NO. 20·15 -·1 0
AGENDA ITEM #SF
SEPTEMBER 14,2015
A RESOLUTION OF THE C!TY COMMISSION OF THE CITY OF
ST. AUGUSTINE OPPOSING EXTREME METHODS OF OIL AND
GAS EXTRACTION, INCLUDING HYDRAULIC AND ACIDIC
FRACTURiNG OR "FRACKING" WITHIN THE STATE OF
!FLORIDA AND ITS ADJACENT WATERS.
WHEREAS, the City of St. Augustine is composed of a large section of waterfront
propetiy and is a low-lying coastal community at the frontline to experience the impacts of sea
level rise; and
WHEREAS, the City of St. Augustine has various vital facilities and infrastructure rha'C
could be adversely affected by seal level rise; and
WHEREAS, climate scientists and other groups such as the National Oceanic and
Atmospheric Administration's Coastal Services Center have predicted the potential erosion of dry
land and loss of waterfront property as a result of sea level rise; and
WHEREAS, Florida's aquifer is already compromised from its overuse and polluted by
continued runoff; and
WHEREAS, the limestone layer covering much of the aquifer has proven vulnerable to
sinkhole activity; and
WHEREAS, hydraulic and acidic fracturing or "fracking" and other extreme methods o-f
oil and gas extraction have already raised serious questions of damage to water sources and
geologic stability in other areas of the country; and
WHEREAS, the potential for a damaging events to the aquifer and limestone layer
could prove to be beyond the ability to mitigate no matter how great or small the risk of
occurrence of such event; and
AGENDA ITEM #8F
SEPTEMBER 14, 2015
WHEREAS, such events could affect water and land far outside the confines of the
area permitted for hydraulic and acidic fracturing, or "fracking" or other extreme methods of
oil and gas extraction;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF ST. AUGUSTINE, FLORIDA, AS FOLLOWS:
Section 1. The City Commission of the City of St. Augustine declares its opposition to
hydraulic and acidic fracturing or "fracking" or other extreme methods of oil and gas
extraction anywhere within the State of Florida or in the waters adjacent to the State.
Section 2. The City Commission of the City of St. Augustine requests that no State
agency issue permits for such purpose and urge the Legislators of the State of Florida to
pass legislation prohibiting hydraulic and acidic fracturing or "fracking" or other extreme
methods of oil and gas extraction or the disposal of related materials and by~products,
anywhere within the State of Florida, or in the waters adjacent to the State, and allocate
sufficient appropriations to ensure success of the legislation.
Section 3. The City Commission of the City of St. Augustine further requests the
Governor of the State of Florida to sign such legislation.
ADOPTED in Regular Session of the City Commission 'for the City of St. Augustine,
Florida this 23rd day of March, 20'15.
/J...TTEST:
~~-&AA
Alison Ratkovic, City Clerk
(SEAL)
Resolution No. 2015-10 (CA)
Page2of2
RESOLUTION 2015-117
AGENDA ITEM #SF
SEPTEMBER 14, 2015
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
FERNANDINA BEACH, FLORIDA OPPOSING EXTREME METHODS OF OIL
AND GAS EXTRACTION, INCLUDING HYDRAULIC AND ACIDIC
FRACTURING OR "FRACKING" WITHIN THE STATE OF FLORIDA AND ITS
ADJACENT WATERS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fernandina Beach is composed by a large section of waterfront propetty and is
a low-lying coastal community at the frontline to experience the impacts of sea level rise; and
WHEREAS, the City of Fernandina Beach has various vital facilities and infrastructure that could be
adversely affected by sea level rise; and
WHEREAS, climate scientist and other groups such as the National Oceanic and Atmospheric
Administration's Coastal Services Center have predicted the potential erosion of dry land and loss of waterfront
propetty as a result of sea level rise; and
WHEREAS, Florida's aquifer is already compromised from its overuse and polluted by continued
runoff; and
WHEREAS, the limestone layer covering much of the aquifer has proven vulnerable to sinkhole
activity; and
WHEREAS, hydraulic and acidic fracturing or "fracking and other extreme methods of oil and gas
extraction have already raised serious questions of damage to water sources and geologic stability in other areas
of the country; and
WHEREAS, the potential for damaging events to the aquifer and limestone layer could prove to be
beyond the ability to mitigate no matter how great or small the risk of occurrence of such event; and
WHEREAS, such events could affect water and land far outside the confines of the area permitted for
hydraulic and acidic fracturing, or "fracking" or other extreme methods of oil and gas extraction.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
FERNANDINA BEACH, that:
SECTION 1. The City Commission hereby declares its opposition to hydraulic and acidic fracturing or
"fracking" or other extreme methods of oil and gas extraction anywhere within the State of Florida or in the
waters adjacent to the State.
SECTION 2. The City Commission requests that no State agency issue permits for such purpose and
urge the Legislators of the State of Florida to pass legislation prohibiting hydraulic and acidic fracturing or
"fracking" or other extreme methods of oil and gas extraction or the disposal of related materials and by-
products, anywhere within the State of Florida, or in the waters adjacent to the State, and allocate sufficient
appropriations to ensure success of the legislation.
SECTION 3. The City Commission flllther requests the Governor of the State of Florida to sign such
legislation.
ADOPTED this 18 111 day of August, 2015.
ATTEST:
Ut~~t
Caroline Best
City Clerk
Edward E. Boner
Commissioner-Mayor
AGENDA ITEM #SF
SEPTEMBER 14, 2015
APPROVED AS TO FORM & LEGALITY:
~t<Mi -·re HINI< rN~QGY
1 I.JWA
The Threat o f Frackin g to Florid a :
Reasons Why Frackin g Should Be Ba nne d
AGE NDA ITEM #8F
SEPTEMBER 14, :ZO IS
In 2 0 13, a Texas -based fracl<in g c ompa ny b e ga n u sin g a n e w, more d a nge rou s a nd inten s ive form
o f extre m e ex ti·action to d r ill for oil n ear th e Florida Ev e r gla d es. Althoug h fl o ri da has had a v e r y
s m a ll conve ntio na l d r illi n g indu s try in th e past, it h as not h a d all owe d th e more da nge rous form s
o f d irty fra cl<in g th a t use m i lli ons of ga llon s o f wa te r mi xed with tho us ands o f gall on s of toxic
ch e mi ca ls . Bu t the oi l a nd g a s indus try is aiming to introduce fracking, acid frackin g, a nd other
intrus iv e fot~m s of "unco nve ntional" drilling a nd "we ll s timul a tion '' techni ques in va rious a r eas
around Fl o rida, a nd thi s p oses a ser io u s threat t o public h e alth a nd th e e nviro nm e nt.
What is fracldngi
Fra ckin g is s h ort for hy dra uli c fr acturing, th e s p ecific process o f takin g million s of gallons o f w ater ,
mi xin g it w ith sa nd a nd t e n s of thousa nds o f ga ll o n s of ch e mi ca ls, including kn own carcin ogens,
a nd pum ping it a ll und e r gro und a t extr e m e pressur e to break up a ta r get e d ro ck formation, in
h op es of r e le asin g o il or n a tura l gas t h a t wou ld othe rwise rema in h e ld in th e r ock.
Acid frac king is t h e p r ocess o f inj ecting aci di c c he mi ca ls in to r o ck fo rmatio ns to d issolve th e r ock
la yer, w hich res ults in cha n n e ls for a ny oil a nd gas to flow. Th ese term s are a lso u sed
inte r c ha n geabl y w ith th e term 'well s timul a ti o n' t o e ns ure tha t a ll fo rms of extrem e o il a nd gas
extracti o n u s in g t hese d a n ger o us c h emica ls are covere d
Why Is Fracldng Dangerous?
Fracking causes thousands of accidents, leah:s and spills. Mo r e than 7,5 00 a ccide nts r e lated to
frackin g occurre d in 2 013,1 n egative ly imp acting w a te r qua lity in rive r s, strea m s a nd s h allow
a quife rs. Ma ny communi t ies h ave a lso ha d th e i r drinkin g w a t e r conta mina ted a nd ha ve n eed e d to
find n ew sources o f drin kin g w a ter for their fa mili es . Conta min ated water w e ll s with m e tha n e a nd
oth e r hy drocarbon gases r e leased f.r om frack ing is putting t h e h ealth, safety a nd p ro pe rty of many
fa milies across the country a t high ri sk
1 Soragha n, Mi ke. "Sp ill s u p 18 per ce nt in U.S. in 2013." E&E Energy Wire. May 12,201 4.
1
AGENDA IT EM #81<'
SEPTEMBER 14,2015
-Hit HINI< F~IFRGY
1' r 'li 1l lt\
fOOd&("'-. water,watch ~ .... ./
Fracking produces massive volumes of toxic and radioactive waste. Aft e r a w ell is drill ed a nd
fra c ke d, the liquid s that come ba ck up to the s urface arc a mi x offracking flu id s , a ncie nt brines
and hy dro ca rbons, s u ch as th e carcinogen be nzen e. The r e are no go od di s posal op ti o n s . The
und er ground di s posal of thi s w aste has ca u s ed earthqu a ke s a c ross the country, including
Okl a homa, Ohio, Arka n sa s and Te xa s .2 Lo ca l waste w a ter tre atm e nt fa ciliti es a r e not equippe d to
h a ndl e t he ch e mic a ls found in frackin g wa s t e, and the salts in the brin es r e ac t with c hlorine and
other di s infecta nts to cr ea te h a rmful byproducts release d into rivers. Those r eleases c ause
proble m s for communities downs tre am. The n there arc landfill proble m s crea t e d by th e solid
w a stes, inclu d ing th e s olid s tha t accumulate a s s ludge a nd scale on e quipme nt a nd from e ffo rts to
treat w as te w ate r.
Fracking pumps hazar·dous pollutants into the air. Fracking utilizes ov er 100 d a n gerous
ch e mica ls that a r e known to b e endoc rin e di s rupters o r ca r ci noge n s.3 Gases-including
hy d rocarbon gase s wi t h b e nzen e, tolue ne, e thyl b e n zen e and xyl e n es-are in the mix o f fluid s
th a t flow s to the s urfa ce afte r fra cking, and varying amounts of these gas es a re r eleased direc tly
in t o th e a ir. Alon g with di esel exhaus t from nume rous trucks a nd gene r ato rs p ack e d onto a s ingle
well s ite, the hy drocarbon a ir pollution expl ai n countless compla ints from those living alongsid e
fr acking a bout the h ealth probl ems t h ey a r e experie ncin g, s uch as burning eyes, nose ble e d s, and
r espira tory a nd n e rvous system p ro blems.4 This is b e fore cons id erin g long-t e rm health issu es
from th e ex p osu res they h a ve s uffe red.
2 Ke ra nen, J<.M. et al. "S ha r p inc rease in cen tral Okla homa seis mi city s in ce 2 008 in duce d by massive wastewater
inject io n." Sc ience. Vo l. 345, No. 6 195. july 25, 20 14 at 451; Ohi o Depa rtm ent o f Natura l Resources. [Press r e lease].
"Ohi o a nn o un ces toughe r p e rm it co nditi ons for drillin g acti vities near fa ul ts a nd areas of seis mic ac ti vity." Aprilll,
2014; Rosenberg, Mi ca. "Ar ka nsas laws uits t es t fr acking wa stewa t e r link to qual<es." Reuters. Aug ust 27} 201 3
3 l<assos tf s, Chr is toph er D. e t a l. "Es troge n a nd androgen rece p tor acti v iti es of hydrau li c fr acturing
chemica ls and s ur face a nd ground w at~r in a drillin g-d e nse reg io n.'' Endocrinology. Vol. 155 , Iss. 3. March 2 014 at
90 0; U.S. Ho use of Representa ti ves. Committee o n En er gy a nd Co mm er ce. [Min o rity Sta ff Repo rt]. "Ch e mi ca ls Used in
Hy dra uli c Frac t u1·ing." April 20 11 at 1 a nd 8.
4 Adga te, john L. et a l. "Pot e nti a l public heal th haza rd s, ex posures a nd health e ffects fr om un co nve nti ona l natu ra l gas
develop me nt."E11viro nm enta / Scie nce & Teclmo logy. Vol48, Iss. 15. Au gust 5, 2014 at 8308. U.S. EPA. Offi ce o f Air a nd
Radiat io n (OA R). "Reg ul atory impac t An alys is: f-in al New So urce Performa nce Standards and Ame nd me nts t o t he
2
AGENDA ITEM #SF
SEI>T EMilE il 14,20 15
Fracldng disrupts local communities. Beyond the chemica l pollution, fracking presen ts a broad
number of other consequences for p eople living in areas where i t is occ urring, including d amage
to public roads, de clines in property va lue, increased crim e and an increased d e m a nd on
e merge ncy s~rvi ces.
Whe n fracking comes to town, the res ult is increa sed demand for emerge ncy services and o t h er
social services, s uch as schools for the children of out-of-state workers. Th e costs of this in c r eased
demand a r e borne by the co mmunity, not by the oil and gas indu stry.
De live ring the water, sand a nd ch emica ls n eed e d to frack, a nd h auling away a ll the r es ulting waste
r eq uires thousands of h eavy-duty truck trips for each new well. Th e result is a lso costly damage t o
public roads and brid ges a nd a decrease in traffic safety.
La ndowners are finding t h emselves pow e rl ess to prevent drilling a nd fracking on t h e ir property
when t h ey do not own the mineral rights und e r their land. Other landowners are b e ing forced to
'pool' w ith nei ghbors who support drilling, meaning companies can then t unn el be neath their land
from up to a mil e ore two away, and then fracture rock formations b e neath their property.
As a res ult, these landown e r s can see d e clin es in prope rty values.s In fact, many la ndown e r s ha ve
violated the terms of t heir mortgage by s ig nin g up for oil a nd gas leases that r esult in the storage
o f hazardo us ch e mi cals on th e mortgaged prope rty, and nume r o u s b a nks h ave become r e lu c ta nt
to offer m ortgages for prop e rties lo cated n ear drilling and fracking activity.6
Fracking destabilizes the climate.
Natio nal Emi ss ion s Sta nd a rd s fo r Haza rdou s Air Pollutants for th e Oi l and Na tural Gas Indu s try." April 2012 at 4 -15
to 4-18.
ssathya and H. Al len Klaibe r. ''Is the shale e nergy boom a bust for nearby resid e nts? Ev id e nce from hous ing va lues In
Pen nsylv a ni a." America n j ourna l of Ag ricultural Econom ics. Vol. 96, Iss. 1. January 201 4 at 43 .
6 Urbina, Ian. "Rus h to Dr ill for Natura l Gas Creates Confl icts with Mortgages ." Th e New York Times. October 19, 2011.
3
AGENDA l'fEM H8F
SEPTEMB €R 14,2015
I ~:e iHIN I <
FNFRf.1V
I I'IJtl l/1.
Fracking for oil and natural gas is a pat h to climate chaos. Cumulative emissions of greenho us e gases -
primarily carbon dioxide a nd m ethane-that come from extractin g and burning o il and na tu ral gas are a
primaq cause of g lobal warming.7 Global wa rming tlu·eatens t o ruin e n tire coastal economies with sea-
level ri se and to cause some regional food and water syste ms to fa il. These and other utterly f undamental
di s ruptions t o 6ur society -a nd to t he well -being of many mi lli ons of peopl e -will en su e if we do n ot
change co urse. 8
What Will Happen ifFracldng Is All owed i n Florida?
Florida could see con siderable drill in g and fracking-pote ntially over 1,000 n ew wells in t h e next
d ecade or so, mostly in t h e Florida Panh and le and Sou th west Florida bu t a ls o offshore if
poli t ici a ns grant indus t ry's w is h e s. A big spill in Bi g Cypre ss or the Ev ergla d es, for exa mple,
would c r eate a nigh tmare sce n ario for the ecosystem, which is vita l to the s t a te's fisheries. Indeed,
as we've l earne d from natur a l and ma n-made d isasters, from h u rrica n es to the BP /Deepwater
Hori z on s pi ll in th e Gu lf of Mexico, the d a mages ca n reverberate across the whole sta te .
F r acking exace r b ates th e threat of clima te change a nd Florida is one o f the a r eas that w ill be
harde s t h it if sea l evels continue to ri se. A t hree-foot rise in sea level -e ntirely like ly 50 y ear s
from now -would in und ate Florida 's coastal commtm ities with devas ta t ing conse qu e n ces. lt
would leav e over 500,000 homes u nder sea level and e rod e t h e s tate 's c oas tal econom ies, which
account for 80% of t h e s ta te's economic activity.
7 Stocker, T. F. et a l. "Techni ca l Summ ary." In Stocker, T. F. e t al. (2013}. Cli mate Cha nge 2013: The Physical Science
Basts. Co ntribu tion of Working Group I to th e Fifth Assessment Report of th e Intergovernme ntal Panel on Climate Cha nge.
Camb ridge an d New York : Cambridge Un ive rs ity Press at SO to 53 .
o Field, Ch ri s tophe.r eta I. "Tec hni ca l Summ ary fo r Policymakers .'' In Ple ld, Christopher et a l. (2014). Clim ate Change
2014: Im pacts, Adaptat·ion, and Vulnerability. Co ntribu t ion of Working Group 11 to the Fifth Assessme nt Repo rt of th e
In tergove rnm enta l Pan el on Clima te Change: Summ01y for Policymakers. New York : Cambridge Un ive rs ity Press at 11
to 2 0.
4
-~Alachua County, FL
~Bonita Springs, FL
-~Broward County, FL
~Coconut Creek, FL
~Davie, FL
~Deerfield Beach, FL
~Fernandina Beach, FL
~~Flagler County, FL
~Fort Myers Beach. FL
-~Gadsden County, FL
~Hallandale Beach, FL
_.~Hamilton County, FL
!b1Hollvwood, FL
~Key West, FL
-. ~Leon County, FL
~Leon Soil and Water Conservation District, FL
-~BMadison County, FL
(E}Marianna, FL
--= ~Miami-Dade County, FL
~Miramar, FL
_,..~Monroe County, FL
~Plantation, FL
~South Miami, FL
[£]st. Augustine, FL
~ 18st. Lucie County, FL
~Sunrise, FL
!Brallahassee, FL
~Tampa, FL
,......, !Bunion County, FL
~ ~ool """'olw qtel"'w~tLh ~ D "''J
-Js sqes
l!J Cl t €_j''-
F retck~~~ _ . ..
AGENDA ITEM #SF
SEPTEMBER 14, 2015
Received
AUG 2 8 2015
Office of City Clerk
T/) e /1A..1i', -1-rt:t 'c_ lC i Jv j fno r..te mc,v -f
~ee qJ\ mectSL-{lr'E'$ 0-q(q;;vSi ~c-'"c_fc,·NC) loy stet+-~
Ffa r-: cAq
RESOLUTION# __
Name of City, County, or Municipality
AGENDA ITEM #SF
SEPTEMBER 14, 2015
A RESOLUTION OF THE , City , FLORIDA, SUPPORTING. LEGISLATION
PROVIDING FOR A STATEWIDE BAN ON HYDRAULIC FRACTURING, ACID FRACTURING,
OR ANY WELL STIMULATION PERFORMED FOR THE PURPOSES OF EXPLORATION OR
PRODUCTION OF OIL OR NATURAL GAS IN THE STATE OF FLORIDA, INCLUDING THE
PROHIBITION OF DISPOSAL OF RELATED MATERIALS AND BYPRODUCTS, ANYWHERE
WITHIN THE STATE OF FLORIDA OR IN THE WATERS ADJACENT TO THE STATE;
OPPOSING ANY LEGISLATION THAT WOULD KEEP SECRET CHEMICALS OR ANY
OTHER SUBSTANCE USED IN FRACKING, OR OTHER METHODS OF OIL OR GAS
DRILLING OR RECOVERY AND/OR PERMIT FRACKING TO EXPAND INTO FLORIDA
Overwhelmingly, emerging scientific data show harm and inherent problems with drilling and
tracking. We strongly urge the Florida Legislature and Governor to re-evaluate their positions on
the state of the science. The science is not divided; research clearly and with strong
documentation, shows that drilling and tracking are inherently dangerous to public health, welfare
and the environment.
WHEREAS, well stimulation treatments will involve the use of hundreds of chemicals,
some of which are known to be carcinogenic or could otherwise be harmful to human
health; and
WHEREAS, exposure to the chemicals used in well stimulation treatments will pose
a widespread and significant risk to public health and safety and the environment; and
WHEREAS, well stimulation treatments may involve the use of substantial amounts of
freshwater at a time when many Florida lakes, rivers, springs and municipalities are
already struggling with the impacts of pollution and water scarcity; and
WHEREAS, after being injected into the ground, the chemicals used in the tracking
process have leached into groundwater supplies, contaminating drinking water for local
residents. There have been more than numerous documented cases of water
contamination next to tracking sites, as well as cases of sensory, respiratory, and
neurological damage.
WHEREAS, in parts of the U.S, where hydraulic fracturing has occurred, including
California, Texas, Colorado, Pennsylvania and Wyoming, there have been numerous
complaints and legal actions because of contamination of drinking water with arsenic,
methane, neurotoxins, and other proven and suspected carcinogens.
WHEREAS, as with oil and gas wells, the material used for the pipelines will age and
degrade over time, increasing the likelihood of leaks. Pipeline accidents are a regular
occurrence nation-wide. Legislation or regulations will not stop these leaks and spills as
history has clearly shown.
AGENDA ITEM #SF
SEPTEMBER 14, 2015
WHEREAS, after decades of work on an Everglades restoration plan with billions of
dollars invested, it would be unacceptable and hazardous to allow drilling and tracking
for oil in the Everglades, Big Cypress, and other nearby ecosystem areas. Accidents,
spills, and releases of air and water pollutants, such as benzene, metals and hydrogen
sulfide, will become likely.
WHEREAS, a spill, leak or other accident in Big Cypress or the Everglades would
create a nightmare scenario for water supplies, wildlife and drinking water, including the
ecosystem, which feeds the spawning grounds of Ten Thousand Islands, affecting
-------t'l'nett-tUit":C:h-oHite state's fisiTtiTg industry. Regulatron and mrnrmal penalties will have no
effect.
WHEREAS, the wise stewardship of our natural resources involves protection
of Florida's water supplies, wildlife and water resources for generations to come; and
WHEREAS, as a result of Amendment One, the Constitution of the State Of Florida now
requires that the legislature take immediate and certain steps to protect, restore and
preserve Florida's lands and water resources by prevention of contamination and
environmental degradation, rather than attempting to clean up contamination and
restore degraded environments, which may not be possible, after the fact;
NOW, THEREFORE, BE IT RESOLVED BY THE ___ _
1. supporls a statewide ban on the use of hydraulic fracturing, acid fracturing
and well stimulation treatments performed for the purposes of exploration or production
of oil or natural gas in the State of Florida including prohibiting the disposal of related
materials and byproducts, anywhere within the State of Florida or in the
waters adjacent to the State,; opposing any legislation that would allow or
authorize more permits to allow tracking to expand in Florida and/or keeping secret from
the public (in effect a public record "gag order,") health authorities, physicians or
governmental entities, the use, type and amount of any hazardous chemicals, or
substances used in tracking or other oil or gas extraction methods.
2. That the will send a copy of this Resolution to the Florida Legislature and
the Governor of the State of Florida; Florida Department of Environmental Protection;
[name of other local officials]; And will also direct municipal state affairs/lobbying
department to support legislation whenever possible.
3. Effective Date. This resolution shall take effect immediately upon adoption: DULY
ADOPTED, this the day of month, 2015.
ATTEST:
AGENDA ITEM:
SUBMITTED BY:
DATE:
STRATEGIC PLAN LINK:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
90-Day Calendar for the Mayor and Commission
AGENDA ITEM # 9A
SEPTEMBER 14, 2015
Yvonne Calverley, Executive Assistant to the City Manag1~
August 26, 2015
None
The 90-day calendar is included on the agenda for the purpose of setting
meeting dates, determining the location, time and whether or not to
videotape special meetings and workshops if the Commission desires.
The rolling 90-day calendar will be revised after receiving input from City
staff and the Commission and will be included in each agenda for
consideration.
Special notes:
• Annual Board and Committee Member Reception will be held on
Thursday, October 1st at 6:30pm at the Adele Grage Cultural Center.
• Town Hall Meeting is scheduled for Saturday, October 3rd at 10 am in
the Commission Chamber.
• Photos of Newly Elected Commission will be taken on Monday,
November 9th at 4:45 pm in the Commission Chamber.
• Swearing-in Ceremony-Monday, November 9th
BUDGET: None
RECOMMENDATION: Approve the 90-Day Calendar for October through December 2015
ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (October through December
2015)
CITY MANAGER:
MAYOR AND COMMISSION
October 2015
' Sll~D .:\ Y '., .\IO~D ... \Y TUI ~~D,\ Y \\'Jm~ESD .\Y "l'l ·IliRSD .. W FRII);\ \';, · · S ,\'l'U l ~D:\Y· ,
}, ___ '-'"' • -~ :_.J.\i'.. _ •· , ~ 1 •• ... _,_ • '"-•-t' • .:.-. .•• •--,.,_ .• :; --•• ..._ -· ..... ~·--!a.. • ..:-.-_r_ .'II,..,_ _ .... 11:
1 2 3
Board and Committee
Town Hall Mtg
10 am Member Reception Chamber 6 :30pm
Adele Grage Center
4 5 6 7 8 9 10
Due Date for
Newsletter Due 10/26
(Mayor) Agenda Items
11 12 13 14 15 16 17
Commission Mtg
6:30pm
(Invoc-Daugherty)
Videotaped
18 19 20 21 22 23 24
Due Date for
11 /9
Agenda Items
25 26 27 28 29 30 31
Commission Mtg
"'> 6 :30pm t"l~ (lnvoc-Beckenbach) ~t"l
Videotaped t'12 ;s:o t:=>
t"l-~-l t"l F~
t-)'11::
Q \&) u;>
MAYOR AND COMMISSION
November 2015
'• ~UN D .\Y ,\IO ~D . \)' ·J'U I·:SD.,\Y \\'E D~F ~D .\ Y Tl !LJ RSD \ \" FRID A \" S J\.'!'URD;\ Y .,' .. . .. ' .. . . • *-.... • . . • ~ •. a ~
1 2 3 4 5 6 Newsletter Due 7
(Mayor)
Due Date for
11123
Agenda Items
8 9 10 11 12 13 14
Photos-4:45 pm Veterans Day Commission Mtg
6:30pm
Swearing-In Ceremony City Offices
(lnvoe-Woods) Closed Videotaped
15 16 17 18 19 20 21
Due Date for
12114
Agenda Items
22 23 24 25 26 27 28
Commission Mtg
6:30pm City Offices City Offices
(lnvoc-Reeves) Closed Closed Videotaped
29 30
MAYOR AND COMMISSION
December 2015
SU0:D.\Y ;\10;-..:D.\Y TL'I~SD.\ Y \\'ED~ESD.\Y TIICRSD.\Y FRID.\Y S.\Tl'RD.\Y
1 2 3 4 5
6 7 8 9 10 11 12
Newsletter Due
(Mayor)
13 14 15 16 17 18 19
Commission Mtg
6:30pm
(l nvoc-Hill)
Videotaped
20 21 22 23 124 25 26
City Offices City Offices
Closed Closed
27 28 29 30 31