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9-28-15 Agenda Packet reducedCITY OF ATLANTIC BEACH CITY COMMISSION MEETING September 28, 2015 -6:30 PM AGENDA Call to order Invocation and pledge to the flag Public Hearings on Final Millage and Operating Budget 1. A. Public Hearing on adopting Resolution No. 15-08 for the Millage Rate A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. B. Public Hearings and Final Reading on Adopting 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. A. Approve the minutes of the Commission Meeting of September 14, 2015. 2. Courtesy of 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 2349 W. Ocean Forest Drive. B. Public Hearing-15-CGTA-1060 and 15-CGTA-1061-Amending the text of the Comprehensive Plan and Future Land Use Map related to Atlantic Beach Country Club Annexation. C. Renewal of Liability and Workers' Compensation Insurance. D. LIUNA Local630 "Blue Collar" Union Contract extension. E. Coastal Florida PBA Negotiations 2015-2018 Contract. 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. Declare list of property as surplus so that it may be disposed of in the most beneficial way to the City. B. Authorize the City Manager to enter into a new one-year agreement with Langton and Associates, with the same terms and conditions as contained in the current agreement. C. Extend the annual contract for landscape maintenance of Atlantic Blvd. Medians, Town 1 Center, Mayport 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). 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances None. 8. Miscellaneous Business (Discussion only) A. Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 1822 Seminole Road. B. Cloisters South Gate Opening. C. 1oth Street Parking. D. Proposed Resolution on Banning Fracking Statewide. 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 5:00PM, Friday, September 25, 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 CITY OF ATLANTIC BEACH, FLORIDA CITY COMMISSION MEETING STAFF REPORT FINAL MILL & OPER BUD SEPTEMBER 28, 2015 AGENDA ITEM: Public Hearings on adopting Resolution 15-08 for the Millage Rate and adopting Ordinance #20-15-132 establishing the Operating Budget for fiscal year 2015/2016. SUBMITTED BY: Russell Caffey, Finance Director DATE: September 28,2015 BACKGROUND: In order to adopt a millage rate and operating budget, the City Commission must adhere to a strict process per state law. Please find attached an outline for the public hearings to be held on September 28t 11 , 2014 in the Commission Chambers at 6:30pm. The format is the same as in previous years and is to be read into the record as presented in order to assure compliance with the TRIM laws (s.200.065, F.S.). Prior to these hearings, the City Manager presented a Proposed Operating Budget and held two workshops to review and make adjustments with the City Commission's guidance. The Proposed Operating Budget is funded using the millage rate of 3.3285 mills. This is the same as the cmrent rate. This is the second public hearing for the final adoption of the millage by resolution and a second public hearing for the final adoption of the Operating Budget, Ordinance #20-15-132. RECOMMENDATION: 1.) Hold two public hearings as described in the attached outline to approve both the final Millage Rate of 3.3285 mills and the Operating Budget Ordinance #20- 15-132 with total expenditures of$33,059,201. ATTACHMENTS: Agenda for Public Hearings Resolution #15-08 Ordinance# 20-15-132 Budget Summary of all Funds Schedule A: Proposed Changes to Final Budget REVIEWED BY CITY MANAGER: ~(/CMt,;(~ FINAL MILL & OPER BUD SEPTEMBER 28, 2015 ADOPTION OF THE FINAL MILLAGE RATE AND OPERATING BUDGET FOR FISCAL YEAR 2015/2016 First item to be considered: Adoption of the Millage Rate by Resolution 15-08 State the following: The Tentative Millage Rate is 3.3285 The Roll-Back Rate is 3.1567 The Tentative Millage Rate is 5.44% higher 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 the estimated cost and to continue to maintain the City's infrastructure. Motion to adopt a final Millage Rate for operating purposes of 3.3285 Open Public Hearing Close Public Hearing Discussion 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 #20-15-132 establishing the Operating Budget for fiscal year 2015/2016 Open a Public Hearing Close Public Hearing Discussion and Vote FINAL MILL & OPER BUD SEPTEMBER 28, 2015 RESOLUTION NO. 15-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida law requires the City Commission of the City of Atlantic Beach, Florida, to pass a resolution levying the millage rate for ad valorem property taxes for municipal purposes on all taxable prope1iy within the city limits of the City of Atlantic Beach, Florida, for the fiscal year beginning October 1, 2015 and ending September 30, 2016; and WHEREAS, Florida law requires said resolution to state the millage rate to be levied, and also, to state the percentage by which the millage rate to be levied exceeds the rolled-back rate as computed pursuant to Florida law; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, has duly considered the budgetary requirements of the City; has adopted a tentative budget for the fiscal year beginning October 1, 2015 and ending September 30, 2016, based on a millage rate of 3.3285 mills on the taxable prope1iy within the City; and has acted in accordance with the te1ms, provisions, and procedures contained in section 200.065, Florida Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach, Florida, that 1. The ad valorem property tax millage rate for municipal purposes to be levied on the taxable property within the city limits of the City of Atlantic Beach, Florida, during the fiscal year beginning October 1, 2015 and ending September 30,2016 is hereby set at the rate of3.3285 mills. 2. The percentage by which this millage rate to be levied exceeds the rolled-back rate of 3.15<57 is 5.44%. 3. This resolution shall take effect immediately upon its passage and adoption by the City Commission ofthe City of Atlantic Beach, Florida. ADOPTED at a public hearing by the City Commission of the City of Atlantic Beach, Florida on the 28 111 day of September 2015. Approved as to form and correctness: Richard Komando, Esquire City Attorney ATTEST: Donna L. Bartle City Clerk Carolyn Woods Mayor I Presiding Officer ORDINANCE NO. 20-15-132 FINAL MILL & OPER BUD SEPTEMBER 28, 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 2015/2016 budget be adopted, and 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 14th day of September 2015. Passed by the City Commission on second and final 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 FINAL MILL & OPER BUD SEPTEMBER 28, 2015 City of Atlantic Beach Combined Summary of Revenues and Expenditures Summary of all Funds Actual Actual Estimate Budget Increase 2012-2013 2013-2014 2014-2015 2015-2016 (Decrease} Cash Forward 37,492,961 39,178,618 40,401,341 41,925,600 1,524,259 Revenues General Fund 11,109,663 11,204,899 11,348,292 11,722,799 374,507 Special Revenue Funds 1,486,435 1,560,069 1,447,054 2,127,196 680,142 Debt Service Fund 69,790 Capital Project Fund {54,636) 364,822 349,999 855,000 505,001 Enterprise Funds 11,505,531 12,182,098 12,266,518 11,490,883 (775,635) Trust and Agency Funds 3,176,999 3,105,080 3,544,669 3,866,761 322,092 Total Revenues 27,293,783 28,416,968 28,956,532 30,062,639 1 '106, 107 Other Financing Sources 164,214 388,758 Total Resources 64,950,958 67,984,345 69,357,873 71,988,239 2,630,366 Expenditures General Fund 10,748,328 10,861,273 11,589,960 11,722,799 132,839 Special Revenue Funds 1,038,260 1,418,672 1,522,290 2,396,850 874,560 Debt Service Fund 72,028 73,113 Capital Project Fund 98,073 631,716 3,457,700 2,825,984 Enterprise Funds 11,058,947 12,446,983 11,715,286 13,873,304 2,138,018 Trust and Agency Funds 1,638,006 1 ,448,128 1,617,289 1,608,548 (8,741) DIVISION TOTALS 24,555,569 26,346,241 27,076,541 33,059,201 5,962,660 Other Financing Uses 1,216,774 1,236,762 355,732 {355,732} Cash Reserves 39,178,618 40,401,341 41,925,600 38,929,038 {2,996,562} Total Expenses and Cash 64,950,961 67,984,344 69,357,873 71,988,239 2,610,366 Resource Allocation Personnel Services 9,313,416 9,149,396 9,253,450 10,198,510 945,060 Operating Expenses 9,710,687 10,119,154 11,197,056 11 '126, 161 (70,895) Capital Outlay 1,751,997 3,299,043 2,913,881 8,159,330 5,225,449 Debt Service 2,450,015 2,151,646 2,045,235 1,964,326 (80,909) Transfers 1,329,454 1,627,003 1,666,919 1,610,874 (56,045) Total 24,555,569 26,346,241 27,076,541 33,059,201 5,962,660 Schedule A FINAL MILL & OPER BUD SEPTEMBER 28, 2015 Changes from Proposed Budget to Final Budget REVENUES: Originally Proposed Revenues: StJohn's Water Management District Cost Sharing Program CD State Grant-Tree Protection@ ® State Grant -CRA Study Revised Final Budgeted Revenues EXPENSES: Originally Proposed Expenses: Health Insurance -Sewer and Sanitation® Replacement of effluent outfall line (carried over from FY15) ® Revised Budgeted Expenses: Note from Budget Workshop: $29,964,939 62,700 10,000 25,000 $30,062,639 $32,656,765 82,436 320,000 $33,059,201 At the request of the commission, $20,000 has been identified in the previously proposed budget for improvement to beach access points (signage and amenities). CD -Grant to help fund the phosphorus removal project was awarded after compilation of proposed budget. 33% matching grant. ® -Grant was awarded after compilation of proposed budget @ -Grant was awarded after compilation of proposed budget ® -Allocation ofhealthcare costs to Sewer and Sanitation division. Amounts not included in previous budget proposal. ® -Fiscal Year 2015 project, currently awaiting permitting from the Coast Guard. IN ATTENDANCE: MINUTES REGULAR CITY COMMISSION MEETING September 14, 2015 CITY HALL, 800 SEMINOLE ROAD AGENDA ITEM #lA SEPTEMBER 28, 2015 Mayor Carolyn Woods City Manager Nelson VanLiere Commissioner Jonathan Daugherty (arrived at 6:45) Commissioner Jimmy Hill Commissioner Maria Mark 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 6:31p.m. Commissioner Mark expressed condolences to Mayor Woods and her family on the recent passing of her mother. She then gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mr. VanLiere reported that Public Works Director Doug Layton has received special recognition as a Public Works Leadership Fellow from the Donald C. Stone Center for Leadership and Excellence, which the Mayor read and presented to him. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of August 24, 2015. B. Approve the minutes of the Commission Budget Meeting of August 12, 2015. C. Approve the minutes of the Commission Budget Meeting of August 17, 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. Commissioner Maria Mark stated she wanted to publicly apologize to the Commission, the citizens and Ms. Lawhun for the unfortunate incident that occmTed after the election. She thanked her family, friends and supporters for their words of support and encouragement. She stated she regrets that the incident happened the way it did and that it has risen to the level that it has, but we all make mistakes. She stated she truly is sorry for what happened and hopes that they will fmd forgiveness in their heart for her for making that error in judgment. Tom Larson, 887 Marshside Court, Jacksonville Beach, stated he represents the North Florida Land Trust. He addressed Bennett's Landing, stating the prospect of Atlantic Beach providing additional access to the marsh and supporting that neighborhood with an addition to open space and recreational space is a very good idea. He stated the Land Trust holds the conservation easement over the River Branch Preserve and they look forward to working with the City as it continues to develop the Marsh Master Plan and future recreational facilities in that area. September 14,2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA SEPTEMBER 28, 2015 Page2 Cheryl Vonn, 1209 W. Plaza, stated she supports the proposal to buy the Bennett property at 280 Camelia to expand access to Tideviews. John November, 271 East Coast Drive, spoke in suppmt of the Bennett property purchase stating if they don't approve the contract for the short sale it is likely they will lose it to a developer. He stated it is important that the City take care of its residents in that neighborhood and spend some money on the west side of Atlantic Beach to create an important access on that side of the property. He stated he hopes the Commission moves forward with getting this contract signed tonight, with the knowledge that they still have to get the bank's approval and then it will come back to the Commission again for approval in the future. Mitch Reeves, 1663 Sea Oats Drive, spoke in opposition to the purchase of the Bennett property. He stated this comes out of the 2015-2016 budget and a new Commission is coming on board November 9 and asked that they leave this decision to the new Commission coming in. He further gave his condolences to the Mayor for the loss of her mother. Maureen Shaughnessy, 361 Main St., spoke in support of the purchase of the Bennett property to have an access to the park. David Harmer, 364 W. 3rd St., stated he would like to see a plan for the park if they purchase the property. He further stated he is a proud member of Atlantic Beach, not "that" community. Suzanne Barker, 1938 Beachside Ct., thanked Mayor Woods and Commissioner Mark for their outstanding stewardship for our seaside community and tireless efforts in getting Atlantic Beach in the right direction. She also spoke in support of the Bennett property purchase. She further spoke in support of the resolution banning statewide fracking and encouraged the Commission to pass it. John Stinson, 150 12th Street, stated he has spent about 34 years in oil and gas and believes they are going out of their scope of responsibility on the fracking issue. Lou Keith, 1845 Tierra Verde Drive, addressed the budget and the $300,000+ ove1run for the police building project, asking how can they take on a project without a contingency. He stated this is not the time to buy the Bennett property. Christina Austin, 259 Jasmine Street, spoke in support of the purchase ofthe Bennett property. She stated she believes these things build value in the homes in the area. Phillip Poole, 131 Jasmine Street, spoke in support of acquiring the Bennett property but stated they need more police presence in the area of the park. He related some of the past problems in the park. He stated he would also like to see a plan of what they are going to do with the property. Travis Stratmann, 12225 High Laurel Drive, President of ABAA, asked that they approve the contract with ABAA so they can continue to move forward. Dan Hurley, 310 Camelia Street, stated he is on the fence about the City purchasing the Bennett property. He would like to see a plan of what they will do with the property and asked who is going to care for it. Johnny Sparks, 2022 Lake View, addressed some documents he brought with him stating he can't have international documents and treaties interfering with the constitutional operation of the United States of America. September 14, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA SEPTEMBER 28, 2015 Page3 Chris Jorgensen, 92 W. 3rd St., thanked Mitch Reeves and John Stinson for their victories. He also thanked the Police Chief for their Facebook; addressed the radio interview of Commissioner Mark; called for Commissioner Mark's resignation; and addressed the sea level rising. Diana Townsend, 266 Poinsettia St., thanked the Commission for their work on the HRO, saving our beaches and the Mayport Corridor. She spoke in favor of buying the Bennett property, stating it will be invaluable for everyone. Mike Grunik, 2051 Vela Norte Circle, stated if they want to have a consensus agree with them and their views they should use more persuasion and less intimidation. He stated logic should always dictate a decision that affects a community, instead they have allowed emotions to take its place. He stated being denied the right to place an amendment before a vote by its citizens is clearly a violation of our bill of rights. A community is supposed to look up to its elected officials and expect them to serve and protect their constituents, instead some desire to change the City from the outside in. He stated recent events have given proof that some cannot handle losing an election; some elected officials have let their positions go to their head and they need to realize they are no different now than when they entered into office and they are just like us. He stated they should be above reproach, held accountable for their actions and be careful not to expose themselves to emotional outbursts during any confrontations. He stated he doesn't point a fmger at anyone who stumbles and falls as long as they realize their mistake and try to make amends with those they have confronted in a retaliatory response. He stated this is an embarrassment to any community and if the individuals fail to resolve the issue then immediate resignation should be implemented. Finishing a lame duck term would be nothing less than a conflict of interest. Chris Wadelton, 600 Ponte Vedra Blvd, #403, Ponte Vedra Beach, Supervisor-St Johns Co. Soil and Water Board, reported on an oil spill issue in Santa Barbara, California and spoke in opposition to fracking and in support of the resolution banning fracking in the State ofFlorida. Brittany Norris, 1183 Violet St., encouraged the Commission to think positively on the purchase of the Bennett property. Lorraine Smith, 112 Poinsettia St., spoke in support of Commissioner Mark, stating one incident in someone's life does not define the good they have done or the good they will continue to do. She stated she finds it very difficult for someone to be so critical when we are all human beings and we all make mistakes. John Debus, 2038 Wyndham Hollow Court, Jacksonville, addressed the fracking issue stating he is not anti-gas or oil but he is pro-drinking water. He stated he supports the resolution to ban fracking. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. Mayor Woods stated she has spent most of the summer being maliciously and intentionally slandered by an opponent who professed to be running on respect and inclusiveness. She stated in great contrast she spent the last two weeks watching her mother die and grieving with a large, loving and caring family. She stated the loving embrace, even filled with the grief, is preferable to the acrimonious hatred that some feel the need to propagate and which only serves to divide us as a community. She stated this spiteful behavior is a great disrespect and a waste of the special gift of life that God has given to all of us. She stated her God is a kind, loving, forgiving and accepting God; he speaks to her of helping others and leads her to show care and compassion to all. She stated as far as this personal dispute is concerned, she is convinced that both sides are September 14,2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA SEPTEMBER 28, 2015 Page 4 at fault; neither side can claim a higher moral ground nor is there anything to be gained by festering this issue. She stated she is quite ashamed by the whole thing. 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). Jeremy Hubsch summarized the use-by-exception stating, at the last meeting, the Commission wanted to add another condition that alcohol must be purchased by room keys of hotel guests to ensure outside users wouldn't come in and turn this into an open bar type atmosphere. He stated staff recommends approval with the conditions. Motion: Approve the Use-By-Exception 15-UBEX-1042 with conditions that: (1) Hours of sale be stopped at 10:00 pm Sunday-Thursday and 11:00 pm Friday and Saturday; (2) The maximum number of people in the lounge area be limited to 35; (3) That sales be limited to beer and wine only and (4) Alcohol must be purchased by room keys of hotel guests. Moved by Mark, Seconded by Daugherty Mayor Woods opened the Public Hearing. Susan Green Fairbaren, 711 Paradise Lane, stated she was the first resident General Manager at the newly renovated Palms Hotel and this was a very popular request of their guests. She stated she highly supports this and recommends the Commission support it. No one else from the audience spoke so Mayor Woods closed the Public Hearing. Mr. Hubsch answered questions from Commissioner Daugherty about amplified music. Commissioner Daugherty stated he would like to add another condition to have no amplified music after 10:00. Motion: Amend to insert "and amplified music" after the words "Hours of sale" in condition (1). Moved by Daugherty, Seconded by Mark Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Mayor Wood called for a vote on the use-by-exception. Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED B. Public Hearing -Request for a Height Waiver at 1089 Atlantic Boulevard. Mr. Hubsch explained the request for the height waiver showing a slide of the sight line. September 14,2015 REGULAR COMMISSION MEETING Motion: Approve the Height Waiver at 1089 Atlantic Boulevard. Moved by Daugherty, Seconded by Hill Mayor Woods opened the Public Hearing. AGENDA ITEM #lA SEPTEMBER 28, 2015 PageS Mike Whalen, 1420 Mayport Road, asked if they are still going to maintain an area for small businesses or will it just be total storage. He stated they need all the opportunities for small businesses on the business corridor they have and that is a fine place they have and he noticed they are going to take that part of it out. No one from the audience spoke so Mayor Woods closed the Public Hearing. Commissioner Hill stated he shares the citizen's concern but believes the property owner can do what they need to do with their property to make their property work for them, as long as they are within our rules. Randall Whitfield, 7880 Gate Parkway, Jacksonville, stated they will still have some spaces for small businesses. Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED C. Short Sale and Purchase Agreement for 280 Camelia Street, Bennett Property. City Manager Nelson Van Liere stated an appraisal, a proposed short sale and purchase agreement, and petitions are in the agenda packet and it is proposed for the Commission to discuss whether they want to move forward with the acquisition of the land. He stated if they choose to do that it will be followed in the future by a budget ordinance to fund it. Motion: Authorize the City Attorney and City Manager to proceed with the necessary purchase offer for 280 Camelia Street and propose a mid-year budget ordinance to fund the contract for specified amount to be determined at closing. Moved by Daugherty, Seconded by Mark Commissioner Daugherty stated this opens up the base of Tideviews Park to the neighborhood. He explained this will be an access to the marsh views, ponds and walking trails, etc. He stated like the rest of Tideviews it will close at dark. He further explained the short sale agreement. Commissioner Hill stated he doesn't believe this is a park but rather an entrance to a park. He stated he believes they should make it a residence where a police officer could live. He stated he doesn't want to buy it, call it a park and leave it like it is because the park still won't be safe. He stated they have to commit to do something to that whole facility to make it more usable. He asked that they don't limit their uses and leave that property very flexible until they figure out what it is. Commissioner Mark stated they could just call it green space for now and she believes in preserving green space and supports purchasing the property. Mayor Woods stated the community as a whole will benefit from this for centuries to come. Further discussion ensued. September 14, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA SEPTEMBER 28, 2015 Page 6 Mr. Van Liere stated the proposal was to spend unrestricted General Fund funds; right now the Half-Cent Sales Tax money is tied up in the current proposed budget. 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 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, term 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 current prices (Bid No. 1213-06). E. Extend the annual contract for landscape maintenance of Atlantic Blvd. Medians, Town Center, Mayport 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 Mayport, U.S. Navy for Conduct of the Sea and Sky Spectacular and authorize the City Manager to sign the agreement. Mayor Woods read the Consent Agenda. Commissioner Hill pulled Items C & E. Motion: Approve Consent Agenda Items A, B, D and F as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Hill stated, related to Item C, he is not seeing that our streets are being swept. He asked for a breakdown of what they are actually sweeping. September 14, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #1A SEPTEMBER 28, 2015 Page7 Related to Item E, Commissioner Hill stated he is concerned about the liability the City carries with the maintenance crews working in the medians and he wants to enhance the protection for the workers on Atlantic Blvd. and Mayport Rd., in particular. He asked if they can talk to the contractor directly without stalling the process. Mr. Layton stated he will talk to the contractor. Discussion ensued. Commissioner Daugherty stated he wants staff to give more notice for the renewal of contracts so they will have time to address issues if they come up. Further discussion ensued. Motion: Approve Consent Agenda Item C and defer Item E to the next meeting. Moved by Daugherty, Seconded by Hill Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 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. Mayor Woods stated the first item to be considered is the Adoption of a Tentative Millage Rate. She stated the Millage Rate is 3.3285; the Tentative Millage Rate is 3.3285; the Roll-back Rate is 3.1567; and the Tentative Millage Rate is 5.44% more than the Roll-back Rate. She stated 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: Adopt a Tentative Millage Rate for operating purposes of 3.3285. Moved by Mark, Seconded by Hill Mayor Woods opened the Public Hearing. Johnny Sparks, 2022 Lake View, stated you guys are raising taxes and spending money like drunk sailors and stated he wants to know if this is matching grant funds from the internationals you are spending on parks and recreation and then turning around and raising the millage rate. No one from the audience spoke so Mayor Woods closed the Public Hearing. September 14, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA SEPTEMBER 28, 2015 PageS Commissioner Daugherty stated property values have gone up and he believes we should roll the rate back to 3.1567. Mayor Woods stated you have to reinvest in the community and maybe next year is the time. Commissioner Hill stated he agrees with the Mayor and he is nervous to lower taxes at this time. Commissioner Mark asked what the savings would be, per household, if they adopted the roll-back rate. Mr. VanLiere stated the roll-back rate is .17 mils less than our current rate, explaining 1 mil is $1 per thousand in value. Mayor Woods stated on $100,000 that would be about $10. Mr. VanLiere stated to go with the roll- back rate would cost the City $224,000. Discussion ensued. Votes: Aye: 3-Hill, Mark, Woods Nay: 1 -Daugherty MOTION CARRIED Mayor Woods stated the second item to be considered is Ordinance No. 20-15-132 establishing the Operating Budget for fiscal year 2015/2016 of$33,059,201. Motion: Adopt Ordinance No. 20-15-132 establishing the Operating Budget for fiscal year 2015/2016. Moved by Mark, Seconded by Hill Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Commissioner Hill stated he believes it is a good budget and they can work with it. Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 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. Mr. Layton explained the request for a waiver for a circular driveway showing a slide of the proposed driveway. Mark Tumeo, the owner, explained why backing out of their driveway is unsafe. He answered questions from the Commission. Commissioner Hill asked if they should look at changing the Code to allow a circular drive when the conditions are right for it so they don't have to keep doing use-by-exceptions. Mayor Woods stated she would like to move this to the Community Development Board to have them look at the Code and come up with a better system than each of these having to come before the Commission. It was the consensus of the Commission to move this forward to the next agenda for action. B. Renewal of Liability and Workers' Compensation Insurance. September 14, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA SEPTEMBER 28, 2015 Page9 Director of Human Resources Cathy Berry stated the rate stayed the same on our general liability coverages as well as our Workers' Comp coverage, which went down $5. She stated her recommendation is to approve renewal of all the Liability and Workers' Comp insurances and authorize the City Manager to sign the renewal documents. It was the consensus of the Commission to move this forward to the next agenda for action. C. LIUNA Local 630 "Blue Collar" Union Contract extension. Ms. Berry stated the 3-year contract was up this year but with Commission approval they have agreed to extend it for one year, except for wages and then negotiate a new contract next year for a 2-year term which will keep it on the same 3-year calendar. It was the consensus of the Commission to move this forward to the next agenda for action. D. Coastal Florida PBA Negotiations 2015-2018 Contract. Ms. Berry stated they negotiated with the PBA to come up with a new 3-year contract. She explained the changes. It was the consensus of the Commission to move this forward to the next agenda for action. Ms. Berry stated our employee Health Fair is next Thursday, September 24, and she hopes to see the Commission there. E. Ordinance Banning the Retail Sale of Dogs and Cats. Commissioner Mark explained recently the City of Jacksonville Beach approved an ordinance outlawing the sale of puppies and kitties which come from Puppy/Kitty Mills and she was asked to bring this before the Commission to see if this is something they would want to enact an ordinance for. She stated since we do not have those businesses in our City now, this would be the time to enact an ordinance, particularly with the redevelopment planning for Mayport Road. She asked if there is consensus in passing a similar ordinance for the City of Atlantic Beach. Discussion ensued. There was no consensus of the Commission to move this forward to the next agenda. F. Proposed Resolution on Banning Fracking Statewide. Commissioner Mark explained the proposed resolution. Discussion ensued. Commissioner Mark suggested that they bring this back again for discussion and then the Commission can do research on the fracking issue before it comes back. It was the consensus of the Commission to keep this on the next agenda under Miscellaneous Business for further discussion. September 14, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA SEPTEMBER 28, 2015 Page 10 G. Appeal ofVariance for Relief from Sections 24-64 and 24-88 (b), granted July 21, 2015. Mr. Komando explained the appeal and stated this is to set a date to hear the appeal. Mayor Woods recommended hearing the appeal before the next meeting on September 28. Discussion ensued. Saswata and Anjna Roy, 90 Ocean Blvd., stated this is an evidentiary meeting and one of the key pieces of evidence is a report and they explained that the expert who generated the report is not available on the 28th. Commissioner Hill stated they need to expedite the meeting and it should not be relevant to any external issues; no one should be looking at a calendar other than the set meetings. He stated when there is a conflict between two parties, they shouldn't allow that to be a leverage point because it can add to the conflict. He explained what the Commission does is try to make it the very first available meeting that they are going to meet already and if they start looking at calendars it will end up like a regular court proceeding where lawyers use dates to agonize their opponent. He stated he would like to set the date for the next meeting and whoever can be there will be there and they will look at whatever evidence shows up and make a decision based on that. Mayor Woods stated there is information they should all be knowledgeable about before they get together for this meeting; otherwise they will not have time to move through it all. Mr. Komando stated the appeal is included as part of the agenda packet tonight along with the order granting variance. He stated the information made available to the Community Development Board will be made available to the Commission and they can also view the video of the discussion on line as well. It was the consensus ofthe Commission to hear this appeal at 5:00 on September 28. 9. City Manager A. City Manager's Report. • 90-Day Calendar (August through October 2015) City Manager Van Liere showed slides of the kayak launch and recently completed overlook at W. 6th Street. Announced that the Board Member Reception will be held on October 1 at Adele Grage and the Town Hall Meeting will be held on October 3 in the Chamber to show the Seminole Rd. project plans. He stated he was questioned about whether we do still contribute to Dial-A-Ride and he wanted to let them know that we do and it is in the budget for next year. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Daugherty • Apologized for being late. • Commended Commissioner Mark for her apology tonight. • Thanked Cathy Berry for organizing the Health Fairs. • Stated he was pleased to see the pictures of the kayak launch. • Expressed his condolences to Mayor Woods for the loss of her mother. City Clerk Bartle • Expressed her condolences to Mayor Woods. AGENDA ITEM #lA SEPTEMBER 28, 2015 September 14,2015 REGULAR COMMISSION MEETING Commissioner Mark • Thanked Commissioner Daugherty for his sentiment. • Announced MarshFest is being held Saturday, November 7, from 10-3 at Dutton Island. Commissioner Hill • Reported on a 9/11 ceremony at the Atlantic Beach Elementary School that he attended. • Because of the Sunshine Law, the Commission needs a system to officially learn about tragedies that may happen within the Commission in order to do the proper procedural things. He asked that the City Clerk notify them of these type things if she knows of them. • Thanked staff for the budget work. • Stated all of his thoughts are with the Mayor. City Attorney Komando • Expressed condolences to Mayor Woods from himself and his firm. Page 11 • Asked that the Commission remember they will be required to disclose any ex parte discussions they may have before the appeal hearing. Cathy Berry reminded the Commission that their evaluations are due. Mayor Woods • Stated she appreciates everyone's efforts on the long-term planning. • She also stated she appreciates everyone's condolences. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 9:28 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/Presiding Officer AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM #3A SEI'T EMUER 28,20 15 Request for a waiver from City Code Section 1 9-7 Driveway Limitations to Allow a Circular Driveway at 2349 W . Ocean Forest Drive ~ r_ /~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 th e code appear to have been met by the application . City Code Section 19-7: Construction of driveways in rights-of wa y contains th e 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 for this location. ATTACHMENTS: 1. Waiver Application for 2349 W . Ocean Forest Drive 2. Permit drawing REVIEWED BY: --zt, t/~ 2.~ Nelson Van Liere, City Manager AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM #3B SEPTEMBER 28, 2015 15-CGTA-1060 and 15-CGTA-1061-Amending the text of the Comprehensive Plan and Future Land Use Map related to Atlantic Beach Country Club Annexation (Public Hearing) Jeremy llubsch, lluildiug and Zoning Director 0 September 16, 2015 BACKGROUND: The City of Atlantic Beach is in the process of conducting a voluntary annexation of the approximately 135 acres of the Atlantic Beach Country Club that is currently located in the City of Jacksonville. In order to complete annexation, the City has to comply with Florida statutory requirements, which require amending the City's Comprehensive Plan. As part of these requirements, the text of the Comprehensive Plan and the City's Future Land Use Map must be amended to reflect the proposed annexation. There are two separate amendments, an amendment to the text (15-CGTA-1060) and an amendment to the Future Land Use Map (15-CGTA-1061). Due to statutory requirements, the text of the Comprehensive Plan must be amended prior to annexation to reflect the Interlocal Service Agreement with the City ofJacksonville. The City's Future Land Use Map also needs to be revised to reflect the newly annexed 135 acres. In order to move forward, the City must submit these to the Florida Department of Economic Opportunity and other agencies for review. When the state agencies have signed off on the amendments, the City can then hold another public hearing to approve and formally adopt the amendments. At the September 15 meeting, the Community Development Board voted 4-0 to recommend the City Commission vote to transmit both 15-CGTA-1060 and 15-CGTA-1061 to the Florida Department of Economic Opportunity for review. BUDGET: None. RECOMMENDATION: Vote to transmit 15-CGTA-1060, amendments to the text of the Comprehensive Plan and15-CGTA-1061, a revision of the Future Land Use Map to the Florida Department of Economic Opportunity for review. ATTACHMENTS: 15-CGTA and 15-CGTA-1061 StaffReports REVIEWED BY CITY MANAGER: -~____o_+-''---"'--I/Q___......-7~__...~"----""'U-f~.p,._,;"--------------- AGENDA ITEM #3B SEPTEMBER 28, 2015 • Objective A.l.S-The City shall maintain development patterns which ... 2) foster diverse and stable neighborhoods .. .4) provide proper locations for. .. energy efficient land use patterns, and 5) encourage healthy and aesthetically pleasing living conditions . ./ Policy A.l.S.S -Flexible regulatory methods shall be utilized to provide incentives for achieving environmental enhancement, economical land development and energy efficient patters of land use that provide for an appropriate mix of uses within the City. • Objective A.1.6-The City shall preserve the sound structural condition and the diverse character of the built environment of the City and shall encourage development programs and activities that are directed at infill development as well as the conservation, redevelopment and re-use of existing structures and the preservation of and re-investment in older neighborhoods. • Objective A.1.7 -The City shall coordinate its planning and development activities with the resource management plans of the St Johns River Water Management District, the Department of Environmental Protection, the City of Jacksonville and the City of Neptune Beach, as well as with other private entities and public agencies, as may be appropriate. • Objective A.1.10-The City shall continue to maintain a development character which is compact in form, orderly in its land use patter, and diversified in its makeup so as to ensure employment opportunities, affordable housing, a pleasant living environment, and cost-effective and energy efficient public services. • Objective A.1.11 -The City shall provide for land use, development and redevelopment in an efficient manner, which supports the land use designations as set forth within the 2010-2020 Future Land Use Map; which enforces the residential densities and the limitations upon the type and intensity of uses, and which results in development appropriate to the sensitive coastal location of the City, particularly with respect to the predominantly residential character and small-town scale of the City. In order to amend the Future Land Use Map, the city shall hold one public hearing before the Community Development Board (The City's Local Planning Agency) and one public hearing before the City Commission prior to submittal to the Florida Department of Economic Opportunity (DEO) for review. Once given approval by the DEO and other reviewing agencies, the City can then hold another public hearing to formally adopt the amendment. Page 2 of 3 SUGGESTED ACTION TO RECOMMEND TRANSMITAL AGENDA ITEM# 3B SEPTEMBER 28, 2015 The Community Development Board may consider a motion to recommend that the City Commission transmit to the Florida Department of Economic Opportunity this proposed amendment to the 2020 Future Land Use Map designating the land as depicted in the attached map as Residential, Low Density (RL) when the City annexes the land from the City ofJacksonville upon finding: 1. The proposed amendment has been fully considered after public hearing pursuant to legal notice duly published as required by law; and 2. The proposed Future Land Use Map Amendment is consistent with the City of Atlantic Beach Comprehensive Plan as adopted and amended; Florida Statutes, Florida Administrative Code, as these relate to the adoption of Comprehensive Plan amendments, and 3. The proposed amendment preserves internal consistency with the adopted 2020 Comprehensive Plan. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend that the City Commission shall not transmit to the Florida Department of Economic Opportunity this proposed amendment to the 2020 Future Land Use Map designating the land as depicted in the attached map as Residential, Low Density (RL) when the City annexes the land from the City of Jacksonville upon finding: 1. The proposed Future Land Use Map Amendment is not consistent with the City of Atlantic Beach Comprehensive Plan as adopted and amended; Florida Statutes, Florida Administrative Code, as these relate to the adoption of Comprehensive Plan amendments because ____ _ 2. The proposed amendment does not preserve internal consistency with the adopted 2020 Comprehensive Plan because ____ _ Page 3 of3 Legend Joint City of Atlantic Beach and City of Jacksonville Future Land Use Map Subject Parcel 0 0.075 0.15 0.3 Atlantic Beach FLUM Jacksonville FLUM Community/General Co mmercia l Low De nsity Resid e nti al AGENDA ITEM #3Ll SEPTEMBER 28,20 15 Residential High Density (RH) Residential Low Den si ty (RL) Residential Med ium Density (RM) -Commerci al (CM) Medium Density Residenti al Reside nti a l -Profess io na l -ln stuti onal Publi c/Se mi-Public( P/SP) -Recreation/Open Space (R/0) Public Bu il dings a nd Facilities CJ City Boundary LEGAL DESCRIPTION: AGENDA ITEM #3B SEPTEMBER 28, 2015 THAT CERTAIN TRACT OR PARCEL OF LAND BEING A PORTION OF GOVERNMENT LOTS 7, 8, 9, 10,15 AND 16, OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 29 EAST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST; THENCE NORTH 06'45'00" WEST, 2073.94 FEET TO THE LINE DIVIDING SAID SECTION 8 AND SECTION 17 FOR A POINT OF BEGINNING; THENCE SOUTH 89'28'50" WEST, ALONG SAID SECTION LINE, 764.29 FEET TO THE SOUTHWEST CORNER OF THE EAST (112) OF GOVERNMENT LOT 15 OF SAID SECTION 8; THENCE NORTH 00'31'10" WEST, ALONG THE WESTERLY BOUNDARY LINE OF SAID EAST (1/2) OF GOVERNMENT LOT 15, 1324.81 FEET TO THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 10 OF SAID SECTION 8; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 10, SOUTH 89'03/10 WEST, 355.77 FEET TO THE SOUTHEAST CORNER OF FAIRWAY VILLA AS RECRODED IN PLAT BOOK 39, PAGE 22 OF SAID PUBLIC RECORDS; THENCE NORTH 01'23'15"WEST, ALONG THE EASTERLY LINE OF SAID FAIRWAY VILLA, 1875.00 FEET; THENCE NORTH 88'36'45" EAST.470.00 FEET; THENCE NORTH 51 '45' 15" EAST, 404.23 FEET TO THE MOST WESTERLY CORNER OF SEVILLA GARDENS UNIT 2, AS RECORDED IN PLAT BOOK 45, PAGE 7 OF SAID PUBLIC RECORDS; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID SEVILLA GARDENS UNIT 2 AND A SOUTHEASTERLY PROLONGATION THEREOF, ALONG THE ARC OF A CURVE THAT IS CONCAVE TO THE NORTHEAST AND HAS A RADIUS OF 4069.72 FEET, A DISTANCE OF 1088.60 FEET AS MEASURED ALONG A CHORD BEARING SOUTH 47'06'35" EAST, THENCE NORTH 59'36'55" EAST, 90.85 FEET; THENCE SOUTH 30'27'05" EAST, 187.60 FEET; THENCE ALONG A CURVE THAT IS CONCAVE TO THE NORTHEAST AND HAS A RADIUS OF 4069.72 FEET, A DISTANCE OF 118.00 FEET, AS MEASURED ALONG A CHORD BEARING SOUTH 58'35'55" EAST; THENCE SOUTH 12'22'05" EAST, A DISTANCE OF 46.00 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY SHORELINE OF A DRAINAGE DITCH AND/OR CANAL; THENCE SOUTHERLY ALONG THE WESTERLY SHORELINE OF SAID DRAINAGE DITCH AND/OR CANAL, 2026.00 FEET MORE OR LESS TO A POINT, SAID POINT BEING ON A WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 1, BLOCK 9, SELVA MARINA UNIT 5, AS RECORDED IN PLAT BOOK 30, PAGES 29 AND 29A OF SAID PUBLIC RECORDS; THENCE SOUTH 14'44'41" WEST ALONG THE EASTERLY CITY LIMITS LINE OF THE CITY OF JACKSONVILLE, 521.37 FEET TO AN INTERSECTION WITH SAID SECTION LINE DIVIDING SECTION 8 AND 17: THENCE SOUTH 89'28 '50" WEST, ALONG SAID SECTION LINE, 1028.42 FEET TO THE POINT OF BEGINNING. AGENDA ITEM# 3B SEPTEMBER 28, 2015 1. Proposed revisions to the text Future Land Use and Intergovernmental Coordination Elements of the 2010-2020 Comprehensive Plan (more specifically, the addition of Policy A.l.S.ll and Policy G.l.l.9) 2. A boundary map of the municipal service area 3. Population projections for the area 4. Data and analysis supporting the provision of public facilities for the area. SUGGESTED ACTION TO RECOMMEND TRANSMITAL The Community Development Board may consider a motion to recommend that the City Commission transmit to the Florida Department of Economic Opportunity this proposed amendment to the text of 2020 Comprehensive Plan amending the Future Land Use Element and Intergovernmental Coordination Elements to reflect the lnterlocal Service Boundary Agreement between Jacksonville for the Atlantic Beach Country Club upon finding: 1. The proposed amendment has been fully considered after public hearing pursuant to legal notice duly published as required by law; and 2. The proposed Comprehensive Plan Text Amendment is consistent with the City of Atlantic Beach Comprehensive Plan as adopted and amended; Florida Statutes, Florida Administrative Code, as these relate to the adoption of Comprehensive Plan amendments, and 3. The proposed amendment preserves internal consistency with the adopted 2020 Comprehensive Plan. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend that the City Commission transmit to the Florida Department of Economic Opportunity this proposed amendment to the text of 2020 Comprehensive Plan amending the Future Land Use Element and Intergovernmental Coordination Elements to reflect the lnterlocal Service Boundary Agreement between Jacksonville for the Atlantic Beach Country Club upon finding: 1. The proposed Future Land Use Map Amendment is not consistent with the City of Atlantic Beach Comprehensive Plan as adopted and amended; Florida Statutes, Florida Administrative Code, as these relate to the adoption of Comprehensive Plan amendments because ____ _ 2. The proposed amendment does not preserve internal consistency with the adopted 2020 Comprehensive Plan because ____ _ Page2of2 AGENDA ITEM# 38 SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN A. Future Land Use Element Goals, Objectives, and Policies Future land use, new development and redevelopment within the City of Atlantic Beach shall be in accordance with the following Goals, Objectives, and Policies and as further controlled by the Land Development Regulations, as may be amended to implement the Goals, Objectives, and Policies of this Comprehensive Plan. Development areas shall be defined by the land use categories described within the Future Land Use Element and as depicted on the Future Land Use Map, included in this Plan amendment as Map A-1 of the Future Land Use Map Series. Pursuant to Chapter 163.3194(1), Florida Statutes, as may be amended, all Development undertaken, and all actions taken in regard to Development, shall be consistent with this Comprehensive Plan. Further, all Land Development Regulations enacted or amended shall be consistent with the adopted Comprehensive Plan, and in the event of inconsistency between the requirements of any zoning or Land Development Regulations, the provisions of this Comprehensive Plan shall prevail. Goal A.1 The City shall manage growth and redevelopment in a manner, which results in a pattern of land uses that: 1) encourages, creates and maintains a healthy and aesthetically pleasing built environment, 2) avoids blighting influences, 3) preserves and enhances coastal, environmental, natural, historic and cultural resources, 4) maintains the City's distinct residential community character, 5) provides for reasonable public safety and security from hazardous conditions associated with coastal locations, 6) that provides public services and facilities in a timely and cost effective manner, and 7) that encourages energy efficiency and the use of renewable energy resources. Objective A.1.1 Environmental Resources Land development activities and project review procedures shall include requirements intended to protect natural environmental features and improve the physical characteristics of the City so as to ensure the conservation and protection of Environmentally Sensitive Areas, as defined by Policy 0.3.2.8 of the Coastal Conservation Element and any other natural resources including wetlands, wildlife habitats, estuarine systems, and surface and groundwater resources. Policy A.1.1.1 Land development within the City shall be permitted only where such development is compatible with environmental limitations of the site and AGENDA ITEM # 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN only when submitted plans demonstrate appropriate recognition of topography, soil conditions, flooding conditions, trees, vegetation and other Environmentally Sensitive Areas, including wetlands and coastal resources, and habitat protection of rare, endangered or threatened species and areas of unique natural beauty. Policy A.1.1.2 The City shall maintain an inventory of lands, which possess significant environmental features, habitats, and areas of unique interest or beauty. The potential for development proposals to adversely impact such areas shall be considered prior to the issuance of development permits. Policy A.1.1.3 The City shall protect potable water well fields and surface waters from the adverse impacts of development and shall prohibit the establishment of incompatible land uses adjacent to potable water wells. Such incompatible land uses shall include all Industrial and manufacturing uses, but shall also include uses, which have the potential to contaminate surface water or groundwater resources. Objective A.1.2 Wetlands, Environmentally Sensitive Areas and Estuarine Environments The City shall protect, conserve and enhance the natural functions of existing wetlands, marsh and estuarine systems, and other Environmentally Sensitive Areas in order to maintain the quality and function of natural systems and wildlife habitats. Note: The terms "wetlands" or interchangeably "natural wetlands" as used within this Plan shall mean those wetland areas which have been created through natural means or through restoration or wetland creation projects of government agencies having authority over these resources, and shall not be construed to include stormwater ponds, or other manmade drainage facilities, which may be designated as jurisdictional for the purpose of stormwater management, but which are not natural Wetlands. Policy A.1.2.1 The City shall protect natural wetlands and other Environmentally Sensitive Areas, as may be identified by Map A-2 and Map A-4 of the Future Land Use Map Series or as may be identified by other accepted environmental survey methodologies, and their functions from the adverse impacts of development by maintaining the following required upland buffers between wetlands and adjacent development as set forth herein and as also implemented through the Land Development Regulations. (a) After the effective date of this plan amendment, a minimum natural vegetative upland buffer of fifty (50) feet shall be required and maintained between developed areas and the Intracoastal Waterway AGENDA ITEM# 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN (ICW) regardless of any other regulatory agency requirement of a lesser distance. This requirement shall also apply to the portions of tributaries, streams, or other water bodies connected to the Intracoastal Waterway. Such portions of the ICW and these tributaries, streams, or other water bodies subject to this buffer requirement shall be established by the presence of a Mean High Water Line of the adjacent tributary, stream or other water body as established in accordance with Chapter 177.26, Florida Statutes, and such Mean High Water Line shall be depicted on all Site Plans, proposed development plans, and other documents submitted for review and permitting. The fifty (50) foot upland buffer shall be measured from the St. Johns River Water Management District or Florida Department of Environmental Protection Wetland jurisdictional line. Determinations of vested rights which may supersede the requirement for this 50-foot buffer shall be made on a case-by-case basis in accordance with the Land Development Regulations and applicable Florida law. (b) In the case of other natural wetland areas, which may not be directly connected to Intracoastal related streams or waterways as described above, but are part of the coastal marsh and estuarine system, a natural vegetative upland buffer of twenty-five (25) feet shall be required and maintained between development and adjacent wetlands. Where required, such buffer shall be measured from the jurisdictional wetland line as established by the appropriate regulatory agency. (c) With the exception of facilities to provide public access for the recreational use of Intracoastal related natural resources, any buffers as may be required by preceding paragraphs (a) or (b) shall be maintained in a natural state with the exception of the clearing of Understory Vegetation as defined by Chapter 23 of the City's Municipal Code of Ordinances, and any such clearing shall be approved by the City and if required, the appropriate State or Federal agency prior to any form of clearing, alteration or disturbance of a required buffer. (d) Where remaining natural wetlands have been damaged or degraded over time through previous development, storm events, improper drainage runoff or other adverse activities, but where wetland vegetation and habitat still are predominant in quantity on a proposed development site, all plans submitted for review or permitting shall demonstrate a plan for mitigation, restoration, enhancement or recovery of jurisdictional wetlands. It is the express intent of the City that no net loss of jurisdictional wetlands occur through any AGENDA ITEM # 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN development action within the City. Any impacted wetlands on a development site shall be replaced elsewhere on the same site or elsewhere within the City of Atlantic Beach. The City shall incorporate appropriation provisions within the Land Development Regulations to further implement this policy. Policy A.1.2.2 The City shall protect wetlands and estuarine environments from the adverse impacts of development and shall prohibit the establishment of incompatible land uses adjacent to wetlands. Such incompatible land uses shall include all Industrial uses, but shall also include uses, which have the potential to disturb, contaminate or degrade wetland functions or natural systems associated with wetlands and estuaries. Policy A.1.2.3 The City shall require that, as a condition of development approval, new construction projects provide effective stormwater management, which avoids the contamination of Environmentally Sensitive Areas, wetlands, marsh and estuarine environments in accordance with applicable water quality standards of the St. Johns River Water Management District, the City's National Pollutant Discharge Elimination Systems (NPDES) permit and Stormwater Management Plan and the Land Development Regulations, as may be amended. Policy A.1.2.4 The City shall not issue development permits that would significantly alter wetland communities and functions. Policy A.1.2.5 New development shall be subject to the stormwater regulations as set forth within the Land Development Regulations, and post development conditions shall not discharge any increased level of stormwater run-off into the City's stormwater system. Policy A.1.2.6 The City shall enforce all applicable wetland regulations, including those as set forth within the Conservation and Coastal Management Element of this Plan, and shall continue to develop and implement comprehensive strategies to provide for the effective protection of wetlands, marsh and estuarine systems, and other Environmentally Sensitive Areas within and adjacent to the City. Objective A.1.3 Maintaining Residential Character The City shall encourage future development and redevelopment, which 1) retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach, 2) provides for the preservation and protection of the dense tree canopy, and 3) which provides for varied and diverse recreational opportunities, including the preservation, acquisition and development of public access to the beach, Intracoastal Waterway and other water-related resources, and AGENDA ITEM# 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN which provides for and maintains energy efficient land use patterns. Policy A.1.3.1 Additional commercial or industrial development shall be permitted only on those lands that are zoned to permit such development as of the adoption date of this Plan amendment, or following adoption of an amendment to the Future Land Use Map (FLUM). In considering any such application for a FLUM amendment, the City shall find that each of the following conditions are demonstrated by the applicant seeking said amendment. (a) There are adequate public facilities available to serve the proposed development. (b) The proposed commercial or industrial development shall not have adverse impacts to surrounding neighborhoods, other properties, the natural environment, the aesthetic qualities of the City and shall not impair or degrade scenic natural views. (c) There is a demonstrated deficiency of commercial or industrial lands within the City to serve the needs of residents of the City for such uses. Policy A.1.3.2 The City shall continue to rigorously enforce its tree protection, landscaping and buffering regulations, as well as the City's "Adopt-a- Tree" and right-of-way tree planting program. Policy A.1.3.3 The City shall continue to manage, preserve and construct facilities that provide diverse opportunities to all residents for both passive and active recreation, including parks, nature preserves, trails and bikeways, skateboard parks and ball fields, dune crossovers, waterway accesses and associated amenities. Policy A.1.3.4 The City shall not permit, either through public or private action, public access ways to the beach, the Intracoastal Waterway, or other waterways, which are open to the public as of the date of adoption of this Plan amendment, to be closed, vacated or restricted from public use in any manner. Policy A.1.3.5 The City shall continue to expand opportunities and facilities for public access to the beach, the Intracoastal Waterway, and associated creeks and marshes for passive and natural resource based recreation activities, such as hiking and biking, canoeing and kayaking, birding, fishing and other similar activities that have limited impact on these resources. Objective A.1.4 Old Atlantic Beach AGENDA ITEM# 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN Sites, structures, and neighborhoods, which have been identified as having historic, architectural, archaeological, civic or cultural importance, shall be protected from damage or destruction, and the preservation of such valuable resources shall be encouraged by the City. Policy A.1.4.1 Sites and structures within the City, which are determined to have historic or archeological significance, and which are found to be worthy of preservation in accordance with standards established by the Florida Division of Historical Resources, shall be protected to the extent possible. Policy A.1.4.2 The City shall encourage the preservation of significant historic and archaeological sites through public information programs, incentives and recognition of the preservation efforts of individuals and organizations. Policy A.1.4.3 The City shall maintain within its Land Development Regulations provisions intended to retain the unique community identity, the architectural character, and the residential scale of that area of the City known as Old Atlantic Beach. Objective A.1.5 Sound Development Patterns The City shall maintain development patterns, which 1) prevent blighting influences and eliminate non-conforming uses; 2) foster diverse and stable neighborhoods; 3) protect coastal and environmental resources; 4) provide proper locations for public facilities and utilities and energy-efficient land use patterns, and 5) which encourage healthy and aesthetically pleasing living conditions. Policy A.1.5.1 The City shall review all applications for development permits to determine compliance with the Land Development Regulations, particularly with regard to provision of open space, required parking, on- site traffic flow, appropriate signage, impervious surface area limits, landscaping and tree protection so as to avoid traffic congestion, hazardous public safety conditions and inefficient land use, which may also result in harmful environmental or aesthetic effects. Policy A.1.5.2 The City shall consider, in conjunction with the issuance of all development permits within its boundaries, the impacts of development upon adjacent jurisdictions, regional service entities, regional planning policies, and hurricane evacuation plans. Further, the City shall cooperate with such entities to ensure equitable, timely, and coordinated urban development activities. AGENDA ITEM# 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN Policy A.1.5.3 The City shall not permit expansion or replacement of land uses in a manner that is inconsistent with this Comprehensive Plan, as amended. Policy A.1.5.4 The City shall continue to enforce provisions for landscaping and other buffering methods as set forth within the Land Development Regulations, in order to prevent and minimize incompatible land use relationships, excessive noise transmission, and to provide screening of unattractive views and to enhance the aesthetic qualities of streets, neighborhoods, and public areas of the City. Policy A.1.5.5 Flexible regulatory methods shall be utilized to provide incentives for achieving environmental enhancement, economical land development and energy efficient patterns of land use that provide for an appropriate mix of uses within the City. Policy A.1.5.6 Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas, traffic facilities and the aesthetic character of the City. Policy A.1.5.7 Public facilities and utilities shall be located and designed to provide the most cost effective service and to minimize public inconvenience Policy A.1.5.8 The City shall permit residential development only in compliance with the residential density limitations as set forth within the Land Development Regulations, and as designated on the Future Land Use Map in accordance with the following table. Table A-1 Residential Land Use Classification and Permitted Density Residential Land Use Maximum Density Permitted per Acre Classification Residential -Low Density (RL) Up to six (6) Dwelling Units Residential -Medium Density (RM) Seven (7) to fourteen (14) Dwelling Units Residential -High Density (RH) Fifteen (15) to twenty (20) Dwelling Units Policy A.1.5.9 The City shall permit non-residential development only in compliance with the following non-residential intensity standards for commercial and industrial land use classifications as designated on the Future Land Use Map and in accordance with the following table. * AGENDA ITEM# 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN Table A-2 Non-Residential Intensity Standards Classification Floor Area Ratio* Impervious Surface Area Limit Commercial .50 -. 70 Floor Area Ratio 70% maximum Central Business District .50 -. 70 Floor Area Ratio 70% maximum Industrial .25 -. 70 Floor Area Ratio 70% maximum Public and Semi-Public .50 -. 70 Floor Area Ratio 70% maximum The Floor Area Ratio is determined by dividing the gross floor area of a building by the size of the property upon which the building will be constructed. Policy A.1.5.1 0 The approximately 28 acres of property located within the City of Atlantic Beach known as the Selva Marina Country Club site, and more particularly described within File No. CPA-2007-01 and Ordinance No. 31-07-05 is assigned a Residential, Low Density (RL) Future Land Use Map Designation. The residential development density of this property shall not exceed 128 Dwelling Units. Proposed changes to increase the allowed development density of this property shall be subject to the provisions of Chapter 163, Florida Statutes, regarding large-scale amendments to the Comprehensive Plan. Policy A.1.5.11 The portion of the Atlantic Beach Country Club Special Planned Area (REZ-13-00100057), totaling approximately 135 acres, that is located in the City of Jacksonville and depicted by Map A-7 of the 2020 Comprehensive Plans Map Series is the subject of an lnterlocal Service Boundary Agreement between the City of Atlantic Beach and the City of Jacksonville, which was signed by both parties on May 11, 2015. The subject property is to be annexed into the City of Atlantic Beach as compliant with all applicable Florida Statutes. When annexed, the comprehensive plan will be amended to assign the land a Residential, Low Density (RL) Future Land Use designation consistent with the City of Atlantic Beach 2010-2020 Comprehensive Plan. Objective A.1.6 Preservation of Older Neighborhoods The City shall preserve the sound structural condition and the diverse character of the built environment of the City and shall encourage development programs and activities that are directed at infill development as well as the conservation, redevelopment and re-use of existing structures and the preservation of and re- investment in older neighborhoods. AGENDA ITEM# 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN Policy A.1.6.1 The City shall continue to implement code enforcement procedures in order to prevent physical deterioration and blight throughout the City. Policy A.1.6.2 The City shall encourage and assist in the revitalization of older neighborhoods that provide housing for very low, low and moderate- income residents, particularly neighborhoods containing sound, but aging housing stock, where adequate public services and facilities re existing. Policy A.1.6.3 The City shall discourage redevelopment practices that displace very low, low and moderate-income residents. Objective A.1. 7 Coordination with Other Agencies and Adjacent Cities The City shall coordinate its planning and development activities with the resource management plans of the St. Johns River Water Management District, the Department of Environmental Protection, the City of Jacksonville and the City of Neptune Beach, as well as with other private entities and public agencies, as may be appropriate. Policy A.1.7.1 The City shall develop and adopt regulations and policies, which are consistent with resource management plans of other government agencies and any special districts within which the City is located. Policy A.1.7.2 The City shall not issue local development permits prior to the issuance of any other required permit from County, State or Federal agencies having jurisdiction and permitting authority over the proposed development. Issuance of a required permit from County, State or Federal agencies shall not be a presumption of any entitlement to a local Development Permit. Objective A.1.8 Post-Disaster Redevelopment The City shall encourage innovative land development approaches and concepts in the event of post-disaster redevelopment, which will have the effect of reducing dependence upon automobile travel, conserving valuable natural resources and Environmentally Sensitive Areas, and preventing property damage as well as threats to human safety and security. Policy A.1.8.1 Opportunities for encouraging the use of innovative land development practices shall be provided within the Land Development Regulations. AGENDA ITEM# 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN Policy A.1.8.2 The City shall continue to be a participating agency in the Duval County Local Mitigation Strategy (LMS) and shall continue to implement the goals and objectives of the LMS. Policy A.1.8.3 The City shall identify the Coastal High Hazard Area as the area below the Category 1 storm surge line as established by the Sea, Lake and Overland Surges from Hurricane (SLOSH) computerized storm surge model as mapped in the Storm Tide Atlas prepared by the Northeast Florida Regional Council as part of the latest Regional Hurricane Evacuation Study pursuant to Chapter 163, Florida Statutes. Policy A.1.8.4 Within residential development areas, that are within the Coastal High Hazard Area, as depicted by the Coastal High Hazard Area map, adopted as Map A-3 of the Future Land Use Map Series and made part of this Plan amendment, the City shall not approve Plan or Map amendments that increase residential densities. Policy A.1.8.5 The City shall not approve changes to Zoning District classifications or amendments to the Future Land Use Map that would have the effect of increasing populations with special hurricane evacuation needs, as described within Chapter 252.355, Florida Statutes. Objective A.1.9 Public Services and Facilities The City shall coordinate future land development and redevelopment with the availability of public services and facilities so as to avoid deficient levels of service as established within this amended Plan. Policy A.1.9.1 Development permits issued by the City shall be conditioned upon the availability of facilities and services necessary to serve the proposed development, and facilities and services shall be authorized at same time said development is approved. Facilities and services shall meet the established levels of service as adopted in this amended Comprehensive Plan and shall be available concurrent with the impacts of development, or an alternative means of meeting concurrency requirements shall be provided in accordance with standards set forth within Chapter 9J-5, Florida Administrative Code. Policy A.1.9.2 The City shall amend its Land Development Regulations as appropriate to effectively implement the land use classifications as adopted on the Future Land Use Map and as required to meet the Objectives and Policies set forth within this amended Plan. Objective A.1.1 0 AGENDA ITEM# 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN Surrounding Land Uses The City shall continue to maintain a development character, which is compact in form, orderly in its land use pattern, and diversified in its makeup so as to ensure employment opportunities, affordable housing, a pleasant living environment, and cost-effective and energy efficient public services. Policy A.1.1 0.1 The City shall undertake land annexation only when it can demonstrate an ability to provide services and facilities in a manner that maintains the level of service standards as set forth within this Plan amendment and only when such annexation contributes to the orderly growth and development of the region within which the City is situated. Policy A.1.1 0.2 Those areas of the City, which are designated as Development Areas, are substantially developed as of the adoption date of this Plan amendment with no opportunity for sprawl development as defined by Rule 9J-5.006(5) F.A.C. The City shall not, however, approve amendments to the Future Land Use Map that would convert areas designated as Conservation to Development Areas where adverse impacts to wetland and estuarine systems would result from development activities. Adverse impacts shall be presumed to result from activities, which contaminate, diminish the quantity or degrade wetlands and Environmentally Sensitive Areas, or natural functions and systems associated with such areas. Policy A.1.1 0.3 The City shall encourage the clustering of uses in locations where infrastructure facilities are available or where extensions and enlargements can be achieved efficiently, particularly with respect to commercial infill development along the Mayport Road corridor. Policy A.1.1 0.4 The City shall actively support the appropriate redevelopment and in fill development of the Mayport Road corridor. Retail and service uses _that sustain neighborhoods, and encourage a more aesthetically pleasing and pedestrian friendly environment shall be encouraged. New development along Mayport Road shall be in compliance with the Commercial Corridor Development Standards as set forth within the Land Development Regulations. Policy A.1.1 0.5 Along the Mayport Road corridor, the continuation and proliferation of light industrial uses, automotive sales and repair businesses and other more intensive commercial business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving retail products and services that generate daily activity and interaction between residents of the surrounding neighborhoods such as banks, drugstores, restaurants, churches, child care centers, grocery stores and similar businesses and uses. Objective A.1.11 AGENDA ITEM # 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN Appropriate Land Use Patterns The City shall provide for land use, development and redevelopment in an efficient manner, which supports the land use designations as set forth within the 2010-2020 Future Land Use Map; which enforces the residential densities and the limitations upon the type and intensity of uses, and which results in development appropriate to the sensitive coastal location of the City, particularly with respect to the predominantly residential character and small-town scale of the City. Policy A.1.11.1 The lands use categories, as depicted upon the 2010-2020 Future Land Use Map (FLUM), which is Map A-1 of the Future Land Use Map Series, shall permit the following uses and activities. (a) Conservation -Conservation lands shall include those lands so designated on the FLUM. These areas are generally composed of open land, water, marsh and wetlands and Environmentally Sensitive Areas. Conservation lands may be either publicly or privately owned. It is intended that the natural and open character of these areas be retained and that adverse impacts, which may result from development, shall be prohibited or minimized. Adverse impacts shall be presumed to result from activities, which contaminate or degrade wetlands and Environmentally Sensitive Areas, or natural functions and systems associated with such areas. Permitted uses within the Conservation category shall be limited to the following and shall be further controlled by the Land Development Regulations. • Activities intended for the conservation, re-establishment and re- nourishment, or protection of natural resources. • Recreation uses and facilities that are customarily described as passive in nature including, but not limited to, fishing, hiking and biking, canoeing, kayaking, and the use of other similar small, quiet low-speed watercraft. • Very low intensity outdoor or water-dependent recreational related uses (excluding commercial marinas) that are determined not to be in conflict with the intent of the Conservation category, subject to applicable Federal, State and local policies and permitting requirements. (b) Commercial-The Commercial land use category is intended to provide AGENDA ITEM# 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN appropriate locations for neighborhood and community businesses providing services and retail sales for the City and the closely surrounding communities. Government, civic, religious, cultural and institutional uses, may also be located within this category. Permitted uses within the Commercial category, along with uses that may be allowed by special exception, shall be limited to the following and as more specifically described within the Land Development Regulations and when located within the respective Zoning District classifications, which are intended to provide a decreasing level of use intensity due to proximity to residential uses. • General Commercial. These areas shall include those businesses that provide retail goods and services, which serve the routine and daily needs of residents, including banks and professional services, grocery and convenience stores, restaurants, accredited public and private schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation. Residential uses, not exceeding the Medium Density category shall also be permitted, when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the Coastal High Hazard Area. • Limited Commercial. These areas shall include low intensity office, service and retail businesses that are compatible when located in close proximity to neighborhoods. These uses are intended primarily to serve the needs of the closely surrounding neighborhood. Large- scale discount super-centers or "Big-Box" retailers or similar intense commercial uses intended to serve a regional market are not permitted within the Limited Commercial category. • Professional and Office. These areas shall be limited to small neighborhood scale businesses and professional offices that are compatible with, and have no measurable or noticeable adverse impacts, upon surrounding residential uses. Such uses include offices for doctors and dentists (but not clinics or hospitals), accountants, architects, attorneys, engineers, land surveyors, real estate brokers, financial planners, insurance and real estate agents and the like. (c) Central Business District -This area contains a well-established pattern and character of development, and permitted uses include retail, office, restaurant, and certain entertainment uses, which contribute to the commercial, civic and cultural vitality of the City as illustrated within the Atlantic Beach Town Center area. The Central Business District is 2010-2020 COMPREHENSIVE PLAN an economic, cultural, historic and architectural anchor of the City. In order to sustain these qualities, new development and redevelopment within the Central Business District shall be reflective of the architectural styles and fabric of the area. Consistency and compatibility with the existing built environment shall be considered in the review and issuance of Development Permits within the Central Business District. (d) Light Industrial -The Light Industrial category shall be limited to light manufacturing and production, storage, warehousing and distribution uses as further controlled by the Land Development Regulations. Light industrial uses may have outdoor storage and business related activity, but such uses shall not include processes that create negative effects to surrounding properties due to noise, heat, fumes, debris, chemicals or hazardous materials. AGENDA ITEM# 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN (e) Public and Semi-Public-These areas include uses such as accredited public and private schools, government uses, buildings, structures, utilities and public services and infrastructure, including police, fire and emergency services. (f) Recreation and Open Space -These areas include public and private parks, open space, passive and active recreation areas. Note: Some park and open space lands may be more appropriately designated as Conservation, such as the public lands on the western marsh front. All beach areas that are seaward of private property lines shall be considered as Recreation. Permitted uses shall include active and passive recreation activities including bikeways and pedestrian trails, skateboard parks, ball fields, tennis courts and the like. Public safety uses, including lifeguards, fire, and police services may be located in Recreation areas. The use and development of Recreation areas shall be further controlled by the Municipal Code for the City of Atlantic Beach and the Land Development Regulations. (g) Residential -Residential uses shall be permitted in those areas so designated in accordance with the applicable permitted density and as further controlled by the Land Development Regulations and the Florida Building Code. (h) Electric Distribution Substations -New electric distribution substations shall be a permitted use in all land use categories within a utility's service territory except those designated as preservation, conservation, or historic preservation on the future land use map or by duly adopted ordinance. The standards as set forth in Section 163.3208, Florida Statutes shall apply. (i) Public Schools -Public schools shall be a permitted use in all land use categories except for lands designated as Conservation and lands located within the Coastal High Hazard Area. Policy A.1.11.2 The Future Land Use Map and all Maps included within the 2010-2020 Comprehensive Plan Map Series are adopted herewith as part of this Plan amendment. In the event of any conflict between any Maps and the text of the Plan, the text of the Plan shall control. Policy A.1.11.3 The City's Zoning, Subdivision and Land Development Regulations, zoning or other maps, and any regulations within the City's Code of Ordinances related to the use and development of land shall be subordinate to the Comprehensive Plan and the Future Land Use Map, which is part thereof. Policy A.1.11.4 Where interpretation is required to determine exact boundaries as depicted upon the Future Land Use Map, boundaries shall be AGENDA ITEM# 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN determined by the nearest property line, the right-of-way line of Streets, municipal boundaries, section, township and range lines, or environmental or geographic features which serve as natural boundaries, as may be appropriate. Objective A.1.12 Public Schools and School Planning Any new public schools within the City shall be located in accordance the Comprehensive Plan and with the procedures set forth within the lnterlocal Agreement for Public School Facility Planning, adopted pursuant to Section 163.3177, Florida Statutes, between the Duval County School Board, the City of Atlantic Beach, the City of Jacksonville, the City of Neptune Beach, the City of Jacksonville Beach and the Town of Baldwin and in accordance with Public School Facilities Element of this Plan. Policy A.1.12.1 The City shall maintain its shared use agreements with the single public school within the City (Atlantic Beach Elementary) and shall continue to encourage the shared use of public facilities. Policy A.1.12.2 The City shall coordinate with the Duval County School Board and the Navy to advocate for the retention of elementary and middle schools which serve this community, particularly Navy personnel and their families where these schools serve the particular and special needs of the military community. Objective A.1.13 Amendments to the Comprehensive Plan and Provisions for Public Participation in the Planning Process The City shall have the authority to amend the adopted Comprehensive Plan in accordance with the process established within Chapter 163.3184, Florida Statutes and shall, establish procedures to provide for the review and amendment of the Comprehensive Plan. Policy A.1.13.1 As required by Chapter 163, Florida Statutes, the City shall prepare and adopt an Evaluation and Appraisal Report (EAR) in accordance with the schedules and procedures as established by the State land planning agency. Policy A.1.13.2 The City shall provide for the public notification, review and the public participation in all amendments to the Comprehensive Plan and also in the preparation and adoption of the Evaluation and Appraisal Report. Policy A.1.13.3 The City shall not support amendments to the Future Land Use Map or AGENDA ITEM# 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN the Plan, which would authorize development within Conservation and Environmentally Sensitive Areas that may be reasonably foreseen to have adverse impacts to such areas unless such impacts are mitigated with equal resource replacement within the City. Policy A.1.13.4 Applications to amend the Comprehensive Plan shall be reviewed and evaluated based upon the following factors: (a) consistency with the Goals, Objectives and Policies of this Plan; (b) consistency with the State Comprehensive Plan and the Northeast Florida Strategic Regional Policy Plan; (c) consistency with other adopted policies and plans of the City, the County, the State or other agencies having regulatory authority over the City; (d) the potential for adverse impacts to Environmentally Sensitive Areas, the natural environment or the aesthetic quality of the City, or (d) the potential to cause deficiencies in adopted levels of service or to adversely impact available water supplies, public facilities, infrastructure and services. Objective A.1.14 Energy Efficiency and Energy Conservation The City shall encourage the development and use of renewable energy resources in order to conserve and protect the value of land, buildings, and resources, and to promote the good health of the City's residents. Policy A.1.14.1 The City shall maintain an energy efficient land use pattern and shall continue to promote the use of transit and alternative methods of transportation that decrease reliance on the automobile. Policy A.1.14.2 The City shall continue to encourage and develop the "walk-ability and bike-ability" of the City as a means to promote the physical health of the City's residents, access to recreational and natural resources, and as a means to reduce greenhouse gas emissions. Policy A.1.14.3 The City shall develop and implement an energy management plan to minimize electric, fuel and water resources in City buildings, fleet vehicles and on public properties. Policy A.1.14.4 No action of the City shall prohibit or have the effect of prohibiting solar collectors, or other energy devices based on renewable resources from AGENDA ITEM# 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN being installed on a building and as further set forth within Section 163.04, Florida Statutes. Policy A.1.14.5 Public buildings and facilities shall be constructed, and adapted where reasonably feasible to incorporate energy efficient designs and appropriate "green" building standards. Green Building standards that should be observed are contained in the Green Commercial Buildings Designation Standard, Version 1.0, published by the Florida Green Building Coalition, Inc. Policy A.1.14.6 The City shall continue to promote and enforce energy efficient design and construction standards as these become adopted as part of the State Building Codes. The City shall also promote commercial and residential standards that are promulgated from time to time by the Florida Green Building Coalition, Inc. Objective A.1.15 Military Compatibility and Coordination with Naval Station Mayport The Florida Legislature finds that incompatible development of land close to military installations can adversely affect the ability of such an installation to carry out its mission; that such development also threatens the public safety because of possibility of accidents occurring within the areas surrounding the military installation; that the economic vitality of a community is affected when military operations and missions must relocate because of incompatible urban encroachment; and that it is desirable for local governments to cooperate with military installations to encourage compatible land use, help prevent incompatible encroachment, and facilitate the continued presence of major military installations. The City of Atlantic Beach, as a municipality in close proximity and with strong cultural and economic ties to Naval Station Mayport, shall cooperate with the military installation, shall coordinate on land use decisions that may affect the mission of the military installation, and shall support development practices that are compatible with the land uses of the military installation. Policy A.1.15.1 The City of Atlantic Beach shall transmit to the Commanding Officer, Naval Station Mayport, or his or her designee, information relating to proposed changes to comprehensive plans, plan amendments, and proposed changes to land development regulations, which, if approved, would affect the intensity, density, or use of land in close proximity to the military installation. At the request of the Commanding Officer, the City of Atlantic Beach shall also transmit copies of applications for development orders requesting a variance or waiver from height or lighting restrictions or noise attenuation reduction requirements within areas defined as being in a zone of influence of the military installation, AGENDA ITEM# 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN as defined in Map A-6, Military Influence Zone, of the 2020 Comprehensive Plan Map Series. The Commanding Officer shall be afforded adequate opportunity to review and comment on the proposed changes prior to final action. Policy A.1.15.2 The Commanding Officer, Naval Station Mayport, or his or her designee, may provide advisory comments to the City of Atlantic Beach on the impact of such proposed changes may have on the mission of the military installation. Such advisory comments shall be based on appropriate data and analysis provided with the comments and may include: (a) Whether such proposed changes will be compatible with the safety and noise standards contained in the Air Installation Compatible Use Zone (AICUZ) adopted by Naval Station Mayport for the on-premise airfield; and (b) Whether the military installation's mission will be adversely affected by the proposed actions of the City of Atlantic Beach. The Commanding Officer's comments, underlying studies, and reports shall be considered by the City of Atlantic Beach in the same manner as the comments received from other reviewing agencies pursuant to §163.3184, Florida Statutes. Policy A.1.15.3 The City of Atlantic Beach shall take into consideration any comments and accompanying data and analysis provided by the Commanding Officer or his or her designee, as they relate to the strategic mission of the base, public safety, and the economic vitality associated with the base's operations, while also respecting private property rights and not being unduly restrictive on those rights. To this end, the City shall promote development strategies that discourage incompatibility and provide alternative means to preserve development rights, including the following: (a) In instances where these policies result in limitations on the ability of the landowner to utilize their land pursuant to its current land use and zoning designation, the City shall support land use map amendments and rezoning to compatible uses. (b) In instances where nonresidential uses that are consistent with current land use and zoning designation, but incompatible with military influence zones, are discontinued for a period of twelve consecutive months or more, the City shall not allow those nonresidential uses to be restarted under the land development regulations. AGENDA ITEM # 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN (c) In instances where land within the military influence zone is proposed for development, the City shall require techniques such as Planned Unit Development or Special Planned Area zoning to cluster development away from accident potential zones. The City shall forward a copy of any comments regarding comprehensive plan amendments to the state planning agency. Policy A.1.15.4 The City of Atlantic Beach, in order to facilitate the exchange of information and foster close coordination and communication, shall maintain a representative appointed by the Commanding Officer, Naval Station Mayport, as an ex officio, nonvoting member of the City's local planning agency. The designated military representative shall be notified of all meetings and provided copies of all agenda packets. Policy A.1.15.5 The City of Atlantic Beach shall coordinate grant writing and management efforts with Naval Station Mayport, and the Commanding Officer is encouraged to provide information about any community planning assistance grants that may be available to the City through programs such as those of the Federal Office of Economic Adjustment as incentive to participate in a joint planning process that would further facilitate the compatibility of community planning and the activities and mission of Naval Station Mayport. AGENDA ITEM # 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN G. Intergovernmental Coordination Element Goals, Objectives and Policies Goal G.1 The City shall coordinate and cooperate with adjacent jurisdictions, other public and governmental agencies to ensure: 1) the equitable and reasonable sharing of authority, responsibility and resources in the provision of services, education and housing, 2) the provision for effective development review and permitting, and 3) the effective representation on behalf of the City in decisions related to future growth management, planning and funding resources. Objective G.1.1 Maintaining Consistency with Comprehensive Plans and lnterlocal Agreements As a means of achieving effective intergovernmental coordination and consistency in planning for the future of the City and the surrounding region, copies of proposed amendments to the adopted Comprehensive Plan shall be provided to adjacent local governments and government agencies, which provide services within the City, but which may not have regulatory authority within the City. Policy G.1.1.1 The City shall forward copies of proposed Comprehensive Plan amendments to adjacent local governments, the Duval County School Board, the Northeast Florida Regional Council, the St. Johns River Water Management District, the Florida Department of Environmental Protection, the Florida Department of Transportation and the Florida Department of Community Affairs, any special service districts as required in Section 163.3187, Florida Statutes for comment prior to legislative adoption in order that the impacts of development as proposed in the Plan amendment are coordinated with development throughout the region and the State. Policy G.1.1.2 The City shall continue to coordinate with the City of Neptune Beach, the City of Jacksonville Beach and the City of Jacksonville related to utility and infrastructure issues. Policy G.1.1.3 The City shall continue to monitor and ensure consistency with the provisions as set forth in the lnterlocal Coordination Agreement between the City of Atlantic Beach and the City of Jacksonville related to shared infrastructure and utility services and annexation in accordance with the detailed and specific provisions as set forth within the restated 1995 lnterlocal Agreement. 2010 EAR Based Amendment Adopted March 22, 2010 G-2 Intergovernmental Coordination Element GOPS by Ordinance Number31-10-09 AGENDA ITEM# 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN Policy G.1.1.4 The City shall continue to coordinate with the Cities of Jacksonville, Neptune Beach and Jacksonville Beach for the purpose of developing coordinated land use planning and unified development policies. Policy G.1.1.5 The City shall enter into and maintain lnterlocal Agreements as necessary to provide efficient and effective services. Policy G.1.1.6 The City shall continue coordination with the following entities and agencies for the purposes as indicated: (a) Other local governments and agencies within the Duval County Evacuation Network, including the Emergency Preparedness Division of the Duval County Fire and Rescue Department and the Florida Department of Transportation for the purpose of improving hurricane evacuation routes and reducing evacuation time. (b) The State of Florida, Duval County, other local governments and the Naval Station Mayport for the purpose of post-disaster redevelopment planning, land use and transportation planning, resource conservation (including potable water), provision of shared recreation facilities and coastal and beach access facility development. (c) The North Florida Transportation Planning Organization related to transportation improvements needed to maintain or exceed adopted Level of Service standards. (d) The St. Johns River Water Management District and the Florida Department of Environmental Protection related to coordination of land use and water supply planning, verification of adequate water supply to meet demands through the planning period and development review and permitting responsibilities and procedures. (e) The Duval County Health Department related to the coordination of proper education and procedures to improve and maintain a healthy environment within the City. (f) The law enforcement agencies of surrounding local governments, as well as State and Federal law enforcement agencies to achieve compatibility of communication equipment and coordination of services. (g) The Jacksonville Transportation Authority to support the development of transportation routes to serve Naval Station Mayport and surrounding beach communities. (h) The Duval County Environmental Quality Division to ensure provision for timely planning and development of solid waste and storm debris disposal facilities to effectively serve the needs of all communities within the County. 2010 EAR Based Amendment Adopted March 22, 2010 G-3 Intergovernmental Coordination Element GOPS by Ordinance Number 31-10-09 AGENDA ITEM # 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN (i) The DCPS and the Duval County School Board to ensure that population projections and proposed educational facility site plans and off-site impacts are consistent with the 2010-2020 Comprehensive Plan, as set forth in the Public Schools Facilities Element of this Plan, the Land Development Regulations and in support of following Policy G.1.4.4. Policy G.1.1.7 The City shall continue its involvement in the North Florida Transportation Planning Organization and shall maintain representation on the Technical Coordinating Committee as appropriate and necessary. Policy G.1.1.8 The City shall in coordination with the Northeast Florida Regional Council utilize the dispute resolution process established by Section 186.509, Florida Statutes to reconcile differences on planning and growth management issues between local governments, regional agencies, and private interests. Policy G.1.1.9 The City shall coordinate with the City of Jacksonville for the provision of services of the portion of the Atlantic Beach Country Club Special Planned Area (REZ-13-00100057) that is located in the City of Jacksonville and is the subject of an lnterlocal Service Boundary Agreement between the City of Atlantic Beach and the City of Jacksonville, which was signed by both parties on May 11,2015. The subject property is to be annexed into the City of Atlantic Beach as compliant with all applicable Florida Statutes. Obiective G.1.2 Coordination of the Management and Protection of Natural Resources The City shall continue to coordinate with all adjacent local governments and relevant agencies in implementing protection of the beach and shoreline and in protecting the potable water supply from saltwater intrusion. Policy G.1.2.1 The City shall coordinate with all jurisdictional agencies and adjacent local governments in developing and implementing programs aimed at effective management of the beaches and shorelines as well as other cross- jurisdictional water bodies. Policy G.1.2.2 The City shall coordinate with Duval County and the Army Corps of Engineers (ACOE) to strongly advocate a continuing program of beach re- nourishment. Policy G.1.2.3 The City shall coordinate with the St. Johns River Water Management District to identify potential areas where saltwater intrusion may degrade potable water resources. 2010 EAR Based Amendment Adopted March 22, 2010 G-4 Intergovernmental Coordination Element GOPS by Ordinance Number 31-10-09 Obiective G.1.3 AGENDA ITEM # 3B SEPTEMBER 28,2015 2010-2020 COMPREHENSIVE PLAN Coordination of Levels of Service for Public Facilities The City shall coordinate planning and land development activities with adjacent local governments so as to ensure that the impacts of new development shall not preclude the attainment of adopted Level of Service standards; impair sound environmental management practices; create land use conflicts, or in any respect contribute to inconsistent and incompatible urban development patterns. Policy G.1.3.1 The City shall advise adjacent local governments of proposed development and re-development activities, which might reasonably be foreseen to reduce facility service standards and shall review such projects from the standpoint of conformity with the Comprehensive Plan of adjacent local governments, particularly near jurisdictional boundary lines. Policy G.1.3.2 The City shall coordinate with affected jurisdictions and agencies, including FOOT, regarding mitigation to impacted transportation facilities not under the jurisdiction of the City. lnterlocal Agreements with other jurisdictions may be utilized for this purpose. Policy G.1.3.3 In order to reflect the shared responsibilities for managing development and concurrency, the City may enter into agreement with one or more adjacent local governments in order to address cross-jurisdictional impacts of development on regional transportation facilities. Obiective G.1.4 Coordination with the Duval County School Board In accordance with the adopted lnterlocal Agreement for, Public School Facilities Planning, as may be amended pursuant to Chapter 163.31777, Florida Statutes, the City shall consult with the Duval County School Board and Duval County Public Schools (DCPS) prior to implementing projects or plans that might impact the use of school facilities related to shared facilities, access, surrounding environment, housing patterns, alteration of public services and general development policies of the City. Policy G.1.4.1 The City shall notify the Duval County Public Schools of projects or plans under consideration, which might affect the operation of school facilities at least thirty (30) days prior to taking formal action thereon. Policy G.1.4.2 The City shall request that the Duval County Public Schools advise the City of proposed alteration, construction, or other plans under consideration so that the City may be advised and provided an opportunity to discuss the potential effects of such action upon the City. Policy G.1.4.3 The City shall maintain, as a non-voting representative to be appointed by the Duval County School Board, a seat on its Local Planning Agency (LPA), 2010 EAR Based Amendment Adopted March 22, 2010 G-5 Intergovernmental Coordination Element GOPS by Ordinance Number 31-10-09 AGENDA ITEM# 3B SEPTEMBER 28, 2015 2010-2020 COMPREHENSIVE PLAN who shall be noticed, provided an agenda, and invited to attend LPA meetings and provide comments related to land use amendments and rezoning proposals that may affect student enrollment projections or school facilities. Policy G.1.4.4 The City shall participate in joint planning processes and procedures for the coordination of public education facilities intended to facilitate coordination of DCPS plans with the plans of the City. On an ongoing basis, the City in cooperation with the DCPS and the other Duval County local governments, shall review existing mechanisms, each City's comprehensive plan, the lnterlocal Agreement for Public School Facilities Planning and other City and DCPS programs and their effects on the plans developed for providing public schools. Obiective G.1.5 Affordable Housing The City may enter into lnterlocal Agreements with adjacent municipalities in order to facilitate coordination in addressing affordable housing needs. Policy G.1.5.1 The City shall enter into lnterlocal Agreements with adjacent governments, as determined to be necessary and appropriate, to address the City's very low, low and moderate-income affordable housing needs in response to: (a) Market driven limitations, where meeting the needs for very low, low and moderate income affordable housing is not economically feasible due to exceptionally high property values related to the City's coastal location, or (b) Where meeting affordable housing needs for very low, low and moderate income residents is not feasible due to limitations of residential density within the Coastal High Hazard Area. (c) The City shall continue to coordinate with the Navy and the City of Jacksonville to implement strategies that support reinvestment and revitalization of older neighborhoods along the Mayport Road Corridor that provide low and moderate income housing and which serve to assist housing needs of Naval Station Mayport personnel. 2010 EAR Based Amendment Adopted March 22, 2010 G-6 Intergovernmental Coordination Element GOPS by Ordinance Number 31-10-09 I residents of the City of Atlantic Beach, such as Kathryn Abby Hanna Park and area golf courses. Current Levels of Service FACILITY 2010 INVENTORY Playground 7 Baseball or Softball Field 4 Soccer or Football Field 4 Basketball Court 5 full I 4 half Racquetball/Handball Court 2 Volleyball Court 0 Tennis Court 9 Running/Hiking Trail 5 Community Center 3 Beach Access 21 Passive Park I Open Space 412 Regional Park I Open Space 450 Skate Park 1 Golf Course 1 Sanitary Service AGENDA ITEM # 3B SEPTEMBER 28, 2015 The City of Atlantic Beach's Utilities Department provides services to areas of the city that are adjacent to the city. The City cmrently provides sewer to the Atlantic Beach Country Club and has ensured that the development meets City standards. These services would be provided to the Atlantic Beach Country Club whether it was annexed or whether it remained in the City of Jacksonville. Table H-2 Sanitary Sewer Level of Service (LOS) Standards City of Atlantic Beach, 2005-2015 Type of Servjce Average sewage Peak flow design capacity Solid Waste and Potable Water LOS Standard 1 05 gpcd for COAB system 1 05 gpcd for COAB system (outside City lim its) 234 gpcd for COAB system 164 gpcd for COAB system (outside City limits) The City of Atlantic Beach's Utilities Department provides services to areas of the city that are adjacent to the city. The City cun·ently provides water to the Atlantic Beach Country Club and has ensured that the development meets City standards. These services would be provided to the Atlantic Beach Country Club whether it was annexed or whether it remained in the City of Jacksonville. The City has a contract for solid waste pick up with Advanced Disposal. The level of service is irrelevant, as the service will be extended to them. Table H-3 Solid Waste and Potable Water Level of Service Standards City of Atlantic Beach, 2005-2015 Type of Servjce Solid Waste Potable Water LOS Standard 7.3 pounds pcpd 1 05gpcd for entire COAB system Drainage Level of Service AGENDA ITEM# 3B SEPTEMBER 28, 2015 Per an interlocal agreement with the City of Jacksonville, the City of Atlantic Beach has reviewed and permitted the infrastmcture that was installed in the Atlantic Beach Country Club. The City reviewed civil constmction plans to ensure that the development met all city drainage standards and level of service standards. Table H-4 Drainage Level of Service (LOS) Standards City of Atlantic Beach, 2005-2015 Surface Water Quality: Applicable local and State regulations shall pe1iain to maintaining water quality, natural hydroperiods and flows. Ambient water quality standards shall be maintained. Minimum criteria for surface water quality shall meet the standards ofF.A.C. 62-302. Wetland Stormwater Discharge: Permits for Wetland stormwater discharge shall meet F.A.C. 40C-42.0265. Stormwater Discharge Facilities: Permits for construction of new stormwater discharge facilities shall meet F.A.C. 40C-42.022. Closed conduits: 5-year frequency, 24-hour duration; IDF curve Zone 5, FDOT Drainage Manual, 2003. Open channels: 10-year frequency, 24 hour duration; IDF curve Zone 5, for Roadside, Median, and Interceptor ditches or swales and 25-year storm for Outfall ditches, FDOT Drainage Manual, 2003. Level of Service: Shall meet FDEP Storm water Drainage Rule 40C-42.025 and 40C-42.026 regarding retention of storm water mnoff. Transportation Levels of Service The Atlantic Beach Country Club has access via both Mayp01i Road and Selva Marina Drive. At the time of development approval, the city evaluated the impacts the project would have on local roadways. It was determined that all roadways affected by the project would remain at a level of service "C", which meets the city's standards. Table H-5 Transportation Level of Service Standards City of Atlantic Beach 2005-2015 Roadway Classification Standard Freeways LOS Standard LOS"D" LOS"D" LOS "E" LOS "E" LOS "E" Principal Arterial Minor Alierial Collector Streets Local Streets YEAR YEAR YEAR YEAR ESTIMATED TRAFFIC IMPACTS 2007 2013 2016 2016 ON LEVEL OF SERVICE WITHOUT WITH DEVELOPMENT DEVELOPMENT (1) MAYPORT RD (4-LANE) (a) North of Dutton Island 2,912 2,351 2,628 2,649 Road (b) South of Dutton Island 3,023 2,674 2,755 2.813 Road {2) SEMINOLE RD (2-LANE) (a) South of Selva Marina 618 618 637 765 Drive SERVICE VOLUME/ LEVEL OF SERVICE (LOS) 4,200/C 4,200/C 870/C AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Renewal of Liability and Workers' Compensation Insurance Catherine Berry, Esq., Director of Human Resources August 26, 2015 AGENDA ITEM# 3C SEPTEMBER 28, 2015 There are currently two carriers that provide liability and workers' compensation coverage for municipalities: Preferred Governmental Insurance Trust and Florida Municipal Insurance Trust. Our insurance broker, Harden and Associates, got bids from both carriers two year's ago and the City chose Florida Municipal Insurance Trust for our Workers' Compensation insurance and Preferred Governmental Insurance Trust (PGIT) for all other liability coverages. We have received prompt and efficient service from both carriers and they have provided exceptional renewal rates, with a slight (1 %) decrease in overall premium for next year. Public Officials & Employment Practices Liability (EEOC Claims) Auto Workers' Compensation Statutory Benefits: Accidental Death & Dismemberment Environmental Legal Liability Fiduciary Liability Flood Premium decrease of just over 1%, for a total premium decrease of $4,982.31 (from $432,987.31 in 2015 to $428,005 in 2016). RECOMMENDATIONS: 1. Approve renewal of all liability and workers' compensation insurances for the next year. 2. Authorize City Manager to sign related insurance renewal documents. ' REVIEWED BY CITY MANAGER: --;/t {/a..,y, /~ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: LIUNA Local630 "Blue Collar" Union Contract extension SUBMITTED BY: Catherine Berry, Esq., Human Resources Director DATE: August 26, 2015 AGENDA ITEM# 3D SEPTEMBER 28, 2015 BACKGROUND: The three-year contract that the City of Atlantic Beach entered into with the LIUNA 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 (2016-2018), 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 LIUNA 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. ' REVIEWEDBYCITYMANAGER: -7/. ~~ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM# 3E SEPTEMBER 28, 2015 AGENDA ITEM: Coastal Florida PBA Negotiations 2015-2018 Contract SUBMITTED BY: Catherine Berry, Esq., Human Resources Director DATE: August 28, 2015 BACKGROUND: The three-year contract that the City of Atlantic Beach entered into with the Coastal Florida Police Benevolent Association expires September 30, 2015. The City and Union had three public negotiation meetings and came to an agreement, pending ratification and Commission approval on a new contract that benefits both the City and the Union members. The key provisions in the contract that have been changed are as follows: Page 11 1 5 22 37 41 41 42 Article Table of Contents Agreement Art. 4 Employment Guidelines Art. 13.1 d. Personal Leave Hours Art. 23.7 Uniforms Art. 26 Wages Art. 26.2 Wages Art. 26.3 Wages Description Article 29 becomes MUTUAL CONSENT Changed year to 2015, included "in writing" and deleted "if appropriate" Included "sexual orientation" and "gender identity'', as well as "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." Deleted the first part of the provision to leave the maximum number of hours= 680. Added "to include Sergeants assigned to supervise the units" and added "This allowance shall not include up to two (2) department polo-style shirts bearing the Atlantic Beach Police Badge." This just clarifies current practice. Changed to 1% COLA to pay scale plus 3% merit added to midpoint, contingent upon approval of the City budget by the Commission. Night shift differential= $1/hour for hours worked between 6 p.m. and 6 a.m. Delete prior dates and rates so that it reads that employees will contribute 8% toward their pension. 1 42 43 43 44 Art. 26.7 Wages Art. 26.9 Wages Art. 26.9 Wages Art. 26.11 Wages AGENDA ITEM # 3E SEPTEMBER 28, 2015 Reduced FTO additive for PFC and SPO classifications to 7% due to new Career Development Program. Sergeants and non-PFC or -SPO will receive 10%. Deleted Acting Sergeant and Lt additive due to new Career Development Program. Career Development Program: Adds two new classifications of police officers (Police Officer First Class -PFC -and Senior Police Officer-SPO) and outlines the promotional opportunities. Deleted reference to end of longevity pay. 45 Art. 28.1 Added "local" law, "gender identity and sexual Anti-Discrimination orientation", as well as "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." 45 Art. 28.2 Added "local" law Anti-Discrimination 46 51 Art. 29 Mutual Consent Article 34 Duration of Agreement Added this due to new law: Chapter 2015-39 re: pension. 100% of the accumulated excess premium tax revenues will be utilized to fund the unfunded liability of the Police Pension Fund until it is fully funded. Changed dates and signatories. COAB package Deleted entire page. proposal Attach A Current Pay Scale BUDGET: Included in 2015-2016 City Budget RECOMMENDATION: That the Mayor be authorized to sign the attached three-year (2015-2018) agreement with the Union, contingent upon approval of the budget by the Commission. ATTACHMENTS: City of Atlantic Beach and Florida Coastal PBA Contract for 2015-2018. REVIEWED BY CITY MANAGER: --Lf~VC?Let2~ 2 AGREEMENT b etween COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION AND THE CITY OF ATLANTIC BEACH AGENDA ITEM# 3E SEPT EM BE R 28,201 5 TABLE OF CONTENTS AGENDA ITEM# 3E SEPTEMBER 28, 2015 Article No. Title Page AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Article 1 RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Article 2 PAYROLL DEDUCTION AND DUES . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Article 3 NO STRIKE PROVISION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Article 4 EMPLOYMENT GUIDELINES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Article 5 MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Article 6 SPECIAL MEETINGS/.............. . . . . . . . . . . . . . . . . . . . . . . . . . 8 Article 7 PROBATIONARY EMPLOYEES AND SENIORITY . . . . . . . . . . . . . . 9 Article 8 RULES AND REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Article 9 DISCHARGE AND DISCIPLINE .............................. 12 Article 10 GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Article 11 ARBITRATION PROCEDURE ................................ 18 Article 12 HOLIDAYS ................................................ 20 Article 13 PERSONAL LEAVE HOURS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Article 14 LEAVES OF ABSENCE WITHOUT PAY . . . . . . . . . . . . . . . . . . . . . . . 25 Article 15 MILITARYLEAVE ......................................... 26 Article 16 BEREAVEMENT LEAVE .................................... 27 Article 17 HOURS OF WORK AND OVERTIME .......................... 28 Article 18 INJURY IN THE LINE OF DUTY .............................. 30 Article 19 TUITION AID ............................................. 32 AGENDA ITEM# 3E S!o;PTEMBER 28,20 15 Articl e 20 INSURANCE ............................................... 34 Artic le 21 SAFETY AND HEALTH ...................................... 35 Arti cle 22 BULLET IN BOARDS ........................................ 36 Article 23 UNIFORMS ................................................ 37 Ar ti cle 24 MILEAGE ................................................. 39 Art icl e 25 LEGAL SERV ICES .......................................... 40 Artic le 26 WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1 Arti cle 27 ALCOHOL AND DRUG TESTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Artic le 28 ANT I-D ISCRTMTN ATI ON .................................... 46 Article 29 SAV E FOR JiUTlJRE U8EMUTUAL CONSENT ................... . I I A1iicle 30 A1iicle 31 Article 32 Aliicle 33 A1iicle 34 AGENDA ITEM# 3E SEPTEMBER 28, 2015 4 7 AMENDMENTS ............................................. 48 SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 SEVERABILITY ............................................. 50 ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 DURATION OF AGREEMENT ................................. 52 11 AGREEMENT AGENDA ITEM 113E SePTEM 8Ett 28, 2015 Th is Agreemen t is entered into thi s __ day of 201J~ between the City of Atlant ic Beach, hereinafte r refe rred to as the Public Employer, or City, and the Coastal Flo ri da Pol ice Benevolent Association, In c., here in afte r referred to as t he 1\.ssoc iation . rt is t he inten t and purpose of this Agreement to assure so und and mutu a ll y benefic ia l working relationships between th e parties hereto , to provide an orde rl y and peaceful means of reso lving mi s und erstandin gs or di tTerences which may ari se a nd to se t fbr th basic a nd full agreement between the pa rti es co ncerning wages, hours and other conditions of employment enumerated herein . There sha ll be no indi vid ual arrangements or agreements cover in g any part or a ll of this Agreemen t co ntra ry to the terms provided herein without coord inat ion wi th and approva l by the above pa11ies, in~~~ropriate writing . Jt is mutu a ll y lmdcrstood and declared to be the public po li cy of th e Public Em ployer and th e Association to promo te h arrn oniou s and cooperative relationships between the Public Emp loyer and the Association and to protec t the public by assu rin g, at a ll tim es, the orderly a nd unin terrupted operations and func ti on s or gove rnment. Whenever a male pronoun is used in thi s Agree ment it sha ll be construed to inc lu de referen ce to both sexes. ARTICLE 1 RECOGNITION AGENDA ITEM # 3E SEPTEMBER 28, 2015 1.1 Pursuant to and in accordance with all applicable provisions of Part II of Chapter 447, 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 Ceiiificate 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 fmiher understood and agreed that the Association Staff Representative of record (who is the ceiiified 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# 3E SEPTEMBER 28,2015 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 thi1iy (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 harmless 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 thi1iy (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 thiliy (3 0) 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# 3E SEPTEMBER 28, 2015 3.1 The Association and bargaining unit members shall have no right to instigate, suppmi, 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 ARTICLE 4 EMPLOYMENT GU I DELINES AGENDA ITEM 113[ SEPTEMBER 28,2015 4.1 a. The Assoc iatio n, it s representatives, members or any persons actin g on th eir beha lf agree that th e following "unl awfu l ac ts" as defin ed in Chapter 447, Florida Statutes are prohibited ; 1) Sol icitat ion of pub li c employees durin g wor kin g hours of any empl oyee who is in vo lve d in the sol icita ti on; or 2) Di stributin g literature durin g wo rki ng hour s in areas where th e work of th e publi c employees is perform ed such as offi ces, wa rehouses, schoo ls, police s tat ions, fire stati ons and any s imil ar public install at ions. b . Th e circ ui t co urt s of the state shall ha ve juri sdiction to enfo rce th e prov is io ns of this sectio n by injun cti on an d contempt p ro cee din gs if necessa ry. A pub li c employee who is conv icted of a v iola ti on of any provision of this sec ti on may be di scha rged or otherwise discip lin ed by th e Publi c Empl oyer notwithstanding f ur th er provisions of thi s or any oth er ag reement. 4.2 The Publi c Emplo yer and Association agree th at the bas ic i ntent of th is Agreement is to prov id e a fa ir day's work in return fo r a fa ir da y's pay and to pr ov id e co nditio ns of e mpl oyment su it ab le to main ta in a co mp etent work force. Th e Pub lic Empl oyer and Association a ffirm th e joint opposition to any discriminatory pract ices in co nn ecti on with emp loymen t, promotion, t rainin g or ass ignm ent ; remembering th at the pub li c int erest requ ires f ull utili za tion of emplo yees' sk ill s and ability wit hout rega rd to race, co lo r, age, creed, reli gion, na tiona l ori gi n, uni on afti liation or non-union affi li at ion, handi ca p, sex, sex ua l orientation, gender identity. er-marital statu s, or anv other non-m e rit factor except where age or sex is a bona fide occupational qual ificat ion fo r the job necessa ry for proper and efficient lob performance . /\ny com pl a int or issue concernin g discrimin ation or d iscrimin ato ry prac tic es sha ll be addressed and handl ed purs uant to Article 28 of thi s Agreement. 5 ARTICLE 5 MANAGEMENT RIGHTS AGENDA ITEM# 3E SEPTEMBER 28, 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 perfmmed, 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 cmiail or discontinue temporarily or permanently, in whole or in pmi, operation whenever in the opinion of the Public Employer good business judgment makes such cmiailment 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 starting 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 m·e 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 # 3E SEPTEMBER 28, 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 Depmiment 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, hurricane 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 fi:om 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 # 3E SEPTEMBER 28, 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 party. 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 f01ih 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 (10) calendar days of the receipt of a written request if said meeting is jointly agreed to by both pruiies in writing. The meeting shall take place at a time and place mutually agreeable to by the pruiies. The Association shall have the right at these special meetings, to make recommendations to the Public Employer to improve depruiment operations and resolve problems identified by the Association. 8 ARTICLE 7 PROBATIONARY EMPLOYEES AND SENIORITY AGENDA ITEM # 3E SEPTEMBER 28, 2015 7.1 All employees shall be classified as probationary employees for the first twelve (12) months of continuous uninten·upted 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 bilih, with the employee with the lowest numerical day of bi1ih 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 Depmiment 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 A1iicle 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# 3E SEPTEMBER 28, 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. Te1mination d. Failing to return to work from authorized leave of absence 10 ARTICLE 8 RULES AND REGULATIONS AGENDA ITEM# 3E SEPTEMBER 28, 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 ARTICLE 9 DISCHARGE AND DISCIPLINE AGENDA ITEM# 3E SEPTEMBER 28, 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 dete1mining the appropriate discipline, which may include a warning, suspension or immediate discharge. Employees are not entitled to a pmiicular 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 A1iicle 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 propeliy; J. Conduct that could bring discredit to the Employer; 12 AGENDA ITEM# 3E SEPTEMBER 28, 2015 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; 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 conect 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 te1ms of punishment for similar or like offenses. Steps within a progressive discipline system that should be considered are: 13 AGENDA ITEM# 3E SEPTEMBER 28, 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 fmiher 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 interrogation 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 GRIEVANCE PROCEDURE AGENDA ITEM # 3E SEPTEMBER 28, 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 Depmiment 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 stmcture of the Police Depmiment, 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 infmmation: a. The specific A1iicle 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. 15 AGENDA ITEM# 3E SEPTEMBER 28, 2015 Failure of the grievant to comply with this section shall make the grievance null and void. 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 informal 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 (10) 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 1 0.4) 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 (10) 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 (10) 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 16 AGENDA ITEM# 3E SEPTEMBER 28, 2015 after the date the grievance was received by the City Manager, or from the date of the meeting, if conducted. 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 Article are to be strictly enforced. The time limits may only be extended by mutual written agreement. The te1m "work days" as used in this Article include days that the City Hall is open for business (excluding authorized absences of either party). 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# 3E SEPTEMBER 28, 2015 11.1 Whenever the Association requests arbitration in accordance with the provisions of A1iicle 10, the parties 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 altemately 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 te1ms 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 concems disciplinary measures (including discharge) taken against one or more employees, the Arbitrator is only empowered to pass upon whether the employee or employees concemed actually committed, patiicipated 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 dete1mination 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 from 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 18 AGENDA ITEM# 3E SEPTEMBER 28, 2015 authority and responsibility of the Public Employer, as provided by Florida Law, shall not be usurped in any matter. 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# 3E SEPTEMBER 28, 2015 12.1 The following are recognized as holidays under the terms of this agreement: New Years Day Mmtin Luther King's Biithday 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 January 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# 3E SEPTEMBER 28, 2015 Worked the Holiday. Employees whose work shift starts 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 compensatory 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, military leave, paid sick leave substantiated by a doctor's cettificate, or other paid absences excused by the Chief of Police. Employees must be expected to retum to work in order to receive holiday pay. 12.5 Employees who have been assigned holiday work and fail to report 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 Atticle 17. 21 ARTICLE 13 PE RSONAL LEAV E HOURS ACENDA I TEM fi3E SEPT EM BI!:R 28,201 5 13.1 Th e ''Pe rs onal Leave Ho ur s " co ncep t is adv an ce ment from th e tradi ti o nal vacati on a nd s ic k leave sys tem. a. Wh en a Perso nal Leave llo ur is used for i.lln ess or other emer ge ncies, employees are req uir ed to notify th e on-duty sup erviso r, o r i f he/s he is un ava il able th e Com muni ca ti o n Ce nt e r of th e nature of the illn ess or emerge ncy a t lea st o ne hour prior to th e s tart of th e emp loyees shift. Wh en an e mp loyee is planning to usc Perso na l Lea ve o r Co mpe nsa to ry Time off, he mu st s ubmi t his request fo r the leave in wri ting to the P oli ce C hi ef, or hi s designee, a t leas t fo urtee n (14) ca lendar d ays, prior to the first day of th e int e nd ed abse nce . Th e Chi ef o f Police, o r hi s des ignee, sha ll respond to th e requ est within seven (7) days, not in cluding Saturd ay, Sunday, or holid ays, of r eceipt of th e reque st. Approva l of th e leave may be denied if in th e di scre tion of th e Chi ef, or hi s de signee , s uc h leave wo uld pose an undue di srupti on o f the departm ent. T he em pl oyee's sup er visor may app rove any leave wit hout fourt ee n (14) days prior not ice so long as the e mpl oyee is no t absent for more th an forty ( 40) ho urs . The grantin g or denia l of thi s r eq ues t sha ll be the di sc reti on of th e Di vis ion Co mmand er of the wo rk s hift t hat is affected. b. Min imum unit s c harged aga in st Perso nal Le ave under secti ons 13.1 a shall be in in c rement s of fifteen (1 5) min utes or more. c . For Perso nal Leave hours used for illness, the Ci ty al ways retains t he right to req uire medica l d oc umentation of th e ill ness. d. Bffeeti¥e-On IRe date of-ratifi€ffiten of the Agreement by both pa11ies (the "effeeti're dale", the ma}t imunl number of pers&na l lea,•e hew·s which may be accrued a1~ed forwal'€1-te th&--follewi-ng fiscal year i HW-h~ Wi thin thi11y (30) oa l efldar days from the effective da~e-wf\e has exeeeded the limit of 680 hours '>'iill receive a buyout of aeerued personal leave fer a ll hours that exceed the-Revl maximum-aeeftled limit o f 680 hours . Thereafter, tihc ma ximum numb er of persona l leave ho urs whi ch may be accrued and ca rri ed forward to th e follow ing fiscal yea r is 68 0 hours. 22 AGENDA ITEM# 3E SEPTEMBER 28, 2015 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 City Manager head may approve the employee to carry-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 accmed (up to a maximum of 680 hours). (2) Employees hired by the City before October 1, 2012, with less than ten (1 0) years of completed service on the date their employment ends shall be paid out 50% of personal leave hours accmed (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 accmed (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# 3E SEPTEMBER 28, 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# 3E SEPTEMBER 28, 2015 14.1 The City shall confmm 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 (LWOP) 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# 3E SEPTEMBER 28, 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# 3E SEPTEMBER 28, 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 AGENDA ITEM # 3E SEPTEMBER 28, 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 pe1mits 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 17.4, all hours worked in excess of 84 hours during an employee's basic scheduled work period shall be considered overtime 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 Article, compensatory time shall be accrued at the same rate as overtime pay. Once an employee accrues one-hundred (1 00) 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 nmmally 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, Alticle 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 eamed by the employee at the time the employee receives such pa~ment. Note: 28 AGENDA ITEM# 3E SEPTEMBER 28, 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 ofthe employee's normal scheduled hours due to emergency situations such as hurricanes, tomadoes, 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 Y:z) 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 depmimental 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 fumished 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 ove1iime 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# 3E SEPTEMBER 28, 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 (1 00%) 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 nmmal 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 nmmal 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 Department rules, regulations and policies procedures, published work rule or instructions to the employee by supervisors involving the cause of the disability. 30 AGENDA ITEM# 3E SEPTEMBER 28, 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 dete1mine 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 injury 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 disciplinary action, up to and including discharge. 31 ARTICLE 19 TUITION AID AGENDA ITEM # 3E SEPTEMBER 28, 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 ce1iificate 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 of the 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 miicle will be reduced by the amount ofbenefits 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# 3E SEPTEMBER 28, 2015 Monthly Amount $ 50.00 $ 100.00 ARTICLE 20 INSURANCE AGENDA ITEM# 3E SEPTEMBER 28, 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# 3E SEPTEMBER 28, 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 ARTICLE22 BULLETIN BOARDS AGENDA ITEM # 3E SEPTEMBER 28, 2015 22.1 The Association may be pennitted 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, repmis 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 Depmiment 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 ARTI CLE23 UN IFO RM S AGENDA ITEM 113E SEPTEMBE R 28,2015 23 .1 T he C ity wil l furni sh all sworn barga inin g unit empl oyees who a re req uired to wear uniform s in the performance of their duties with uniform s and equipm ent app roved for the ir use. 23.2 The City wi ll replace or repair th e a bove it ems as th ey beco me torn , worn or un servic eabl e due to th e performanc e of t he e mpl oyee's official duty . Any cla im for a repair or rep lacement und er thi s Secti on mu st be acco mpan ied by a wr itt en explanat io n to the em pl oyee's sup ervisor, setlin g forth th e ci rcum stan ces necess itatin g the rep lacemen t o r repair. The torn , worn , or un serv iceabl e it e m s hall be prese nted to the Chief or Poli ce or hi s des ignee for in spection a nd determin at ion as to whether the it em shou ld be rep laced or repaired. It shall be th e decis ion of the Chi ef of Poli ce or hi s designee as to wheth er the item sh all be rep laced or rep air ed. 23.3 Any employee who damage s, dest roys, or loses any furn ished arti cle of uniform due to ca reless ness or neg li ge nce wi ll re pla ce th e article (o r at th e sati s fa cti on of the C it y repair) th e at1i clc a t hi s own expense, or s uch cost of rep la ce ment s ha ll be dedu cted from th e employe e's pay. 23.4 T he emp loyee sha ll wea r th e art ic les of th e un iform prov id ed in Sect ion 23.1 on ly for offic ial C ity busines s o r as oth erwise authori zed by the Chief of Police. 23.5 Up on termin ati on of empl oyme nt fo r any reaso n, th e e mp loyee sha11 return to the Cit y a ll a t1icl es o f th e uniform i ss ued by th e C ity or be required to pay for s uch articles prior to rece iv in g hi s fin a l pay check or have th e cost of the it e ms not tu rned in deducted from the em pl oyee's Jinal pay check. 23.6 T he City agrees to provide for th e c le an in g of uniforms sets (sh irts and pa nt s) per employee per qu arte r as authori zed and funded fo r wi thi n th e ann ual approved bud get. 23.7 The c ity shall provid e for the Detec ti ves and Crim e S uppression Unit memb ers covered by thi s agreemen t. to includ e se rg ea nt s assigned to s up ervise th e unit s. a c lo thin g all owa nce of six hundred and fifty doll ars ($650.00) per yea r to be paid as indi cated belo w. T his a llowan ce s hall not in c lud e up to t wo (2 ) depart men t polo sh irt s bearing the Atlantic Beach Po li ce Badge. a. A n initi al payment for th e firs t two qu a11e rs in the amount of a $325 clothin g all owa nce s ha ll be paid within fo urt ee n (14) da ys of th e em pl oyee's initi al ass ig nm ent as de tec ti ve. 37 AGENDA ITEM # 3E SEPTEMBER 28, 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 fmih 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# 3E SEPTEMBER 28,2015 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 # 3E SEPTEMBER 28, 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 furnish notification in writing of their intent to file suit in any court oflaw, 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 failure 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 report. Neglect by the employee to notify his supervisor of any defect in the vehicle will make this provision null and void. 40 ARTJ CLE 26 WAGES AGENDA ITEM H JE SEI'TEM BER 28,2015 26.1 2&.-1--T he cur ren t sa la ry ranges are s hown wi#l in Exhibit A-llfwe been retained at the-Q eto ber I, 20 12/20 1.;. EITe ct ive Oc tober I , 2 0 15, th e re will be a I% COLA in c rease to the pay sca le upo n !!QJ)rova l or the C ity budget by the Co mmiss io n. e mployees wit h m~fe-HHIH-6-metH~IS serv ice as of ~~~te of rat-i+i*t io n or th is Agreement by both par~ies, and are in a posi ti on that is eo ns idered "year ro und", werlttflg Ol'l a se hed!oHeel "yea r ro und" bas is, sha ll reeei\•e a o ne p o in~e--1:li gl~l fi•,•e ~11 ( 1.18 5%) eost~f livin g i n er ease-aejttst-~nent to th&tr annua l base !'a la i)' up on 'j)~e and s tate RIJ I>Fewt l of amendn'lents to At lantic Beaeh-Gede of Ordinances, Part .J+;-bhttpter 2, Article VI , See ti on 4 (''Po li ee Officers' Retirement System"). ~rl'ee tiv e Gel.eber I , 20 13, em,Jloyees-with s i~, (6) 1oonths sen ·iee , are in a position-t-kat-ts eotlSi det:ed "year rou nd ", werlt-ing on a se h~~ed "year rotmd-!!--&~nd ha't'&-re~i-vee an eva ltttttie~~iFen1en t s " or aheve shal l rece iv e a one-vereent f-~ in crease adj-ttstmenl to th e ir Allfillal ease sa lary. t.;ITeet i\•e Oetebel'---i, 20 14, emf}l~ -wt~h-s-j*f6)-t-net 1th s seP1iee oi4-He-dat e-eH:ali+iCfl l-i e n, are in a posit it}IHi-lat is eollS i<~ered ~r rounel ," worlcing on a -sehedttl ~t:-f~HttHf '----l>asi5;--aoo-hu'll e reeei'lled-fttl e¥-Aiuation of "'Meets Requiremen ts" o r above sha U-reoeive a o~e reenl ( I.0%3 ffiet ·ease adjustffiett~ to th e itcannual base sa lary. effeeti¥e October I' 2013 , A fixed AIHOtllll w il+-he-edded 10 eaeh~IHfH~ annual sa lat)· fo l'-ltrFte in th eir mos t-e urrent J30Sitien as ofOetober I , 20-1.;.,- 1 year as of Oe te ber I , 20 13 $200 2 years as of Oc tober I , 2013 $400 3 years as ofOetoeer I , 2013 $600 4 years as o f October I , 20 13 $800 ---------~-e-Hliei·e-yefH·s as of Oeteeer I, 20 13 $1 ,000 Effe cti ve October I, 20 13-2, e mpl oyees w ith s ix (6) mont hs servi ce as of October I, 20 13-2, are in a po s iti on tha t is co ns id e red "yea r round ," worki ng o n a schedu leg "year ro und " ba s is , and have rece iv ed an eva lu atio n of "Me ets Re quirements" or ab ove s hall receive a me rit in c rease of2-J_% of mi dpo int. 13 mp leyees that have met or eneeeded the ma x inwm o~t heir PE!Y range will not be-eligia le for th e fb<ed am ount fer+tme in positioll-:-&nttJo)'ees that hnve met or e"eeeded the maKitnuRY-Of thttlu?ay range ·,vith s ix (6 )-nl en th s ser>ri ee as of Geteber I, 20 13, are in a pes+~toft.-.t.Ha.f-is-oons+dered "'t'ear rm+ndf!.-worlffitg:-&!1-8 4 1 AG~t;N OA I T I~M #31!: SEPTE MBE R 28,201 5 ~~ Ef17eet ive Oct-eber I, ~0 13, bargaining unit members' eon t t-fmtl.i&~Hate sha ll eha nge froffi+.G% to 7.0%. 3) 6ffee tiv e Oetober I , ~G ~f'gfl'itting unit me tllbers' eontr i butie!H'ilte !YHaH ehanJ!;e from 7.0% to 8.0%. 26.4 Any Po lic e O ffi cer covered by this Ag ree ment who is ass ig ned by th e Chi ef o r Po li ce to wo rk in th e Inv es ti ga ti ve Divi s ion o r Cr im e Suppress io n Unit as a detec ti ve sha ll rece ive pay at a ra te te n (I 0%) perce nt above the e mpl oyee 's regul ar hourl y rate of pay. Suc h perce ntage shall not be add ed to the base pay but sha ll be in add it ion to th e base pay a nd appl y to a ll pay, ove rtim e, co mp e nsatory tim e pa id , etc. rece ive d by th e officer. 26.5 Any Po li ce Office r or Se rgea nt covered by thi s Ag reeme nt who is ass igned to wo rk as a Detecti ve in th e in vest iga ti ve Div isio n or th e Crim e Suppress io n Unit (CSU) shall have th e ir t it le c hanged to Detecti ve and sha ll rece ive a n annual clothin g a ll owa nce of s ix hun d red fifty do ll ars ($650 .0 0) in acco rd ance with Artic le 23.7. 26.6 An y empl oyee cove red by thi s Agree ment who is ass ig ned as a Pa trol In ves tigator/Ev ide nce Techni c ian sha ll rece ive pay at a rate o f fi ve perce nt (+5%) a bove the ir norm a l pay. Such perce ntage s ha ll not be add ed to th e base pay but sha ll be in addit io n to th e base pay and appl y to all pay, ove rti me, co mpe nsa tory tim e pa id, etc. rece ived by the o ffi ce r. ~6 .7 h1;Y-e Htf3 loyee oovered-b;'-~I Hs-A-greeHlet "~"l-wh~ftt+ifed-by the Clli eror Po li ~ aesignee to J'>Crl o nn the du~cs of a Field T ra inin g Officer (1'-TO) shall receive )lay-at-a ffile-ef len percent (I 0%) abo¥c the Clll JJioyee 's regulAr rate of pay wh ile-the-em~ ts-aet·tt al lyperforming the-EM-i~f an FTO . Sueh-pereentage s luH4le t be aeded-t-iHhe base JlAy btti.-&H-atl be in fldt li+ieH-to t he-O~~p ly te all pay , cweft+tlle; co mpensatory time pa id , eta . received by the officer. 26.7 An y empl oyee cove red by thi s Agree me nt wh o is ass ig ned as a me mb er o r th e Specia l Weapons a nd Tac ti cs Tea m (SWAT) shall rece ive a ra te of pay Jive perce nt (+5%) above th ei r nor ma l pay whil e suc h o ffice rs arc per fo rmin g ac tua l SWAT du t ies, no t in c lu din g trai nin g. Suc h perce nt age s hall not be add ed to the base pa y but sha ll be in additi on to t he ba se pay and ap pl y to a ll pay, ove rtim e, co mp ensa tory tim e pa id , etc. rece iv ed by the office r. 26.8 Pro mot ion. Officers nromo ted to th e rank o r Se rgea nt shall rece ive a sa lary inc rea se at th e time the Bromot io n becomes effect ive, to at leas t th e minimum of th e ir new pay range or an amou nt eq ua l to th e percentage difference between th e c urre nt and new grade midp oi nts (not to exceed 12%). wh ic hcvc r is grea ter. a. Ca lcu lat in g a Pro moti onal In crease. Since a promotiona l in c rease is gra nt ed to recog ni ze th e ass umpti on of add iti onal job dut ies and respo ns ibiliti es. th e s ize of th e in cn;ase is ca lculat ed as a fun cti o n o f th e s ize o r the promo ti on , rnt her th a n 43 AGENDA ITEM 11 3E SEPTEM 8lm. 28,20 15 as a perce nta ge of c urre nt sa lary. T l1e fo rmul a used to ca lc ulat e t he pro moti o na l in crease is as foll ows: New Midpoint-Curre nt Midpoint = Percent Promotion Inc rease Amount(%*) Curre nt Midpoint /\n in c rea se to th e min imum o f th e new pay grade, which eve r is g reater. * Not to exceed 12% unless req uired to br ing th e e mP-l oyee's sa la ry to th e min imum ofthe new pa y grade. b. Ann iversa ry Date. !\ new anniversary date wi ll be establ ished as the effect ive date o f promoti on. a . Minimum Pa y. In no case s hall a promoted e mpl oyee's sa lary be set be low the base sa lary o f th e pos ition to whi ch th ey were P-romoted. ~-,.6.8-- 26.9 Any Gmp loyeEHX>ve red by thi s A~1eH-l-wA&-i~ornr il y reqtH-red by the Cl~ie4=-ef Poliee or-his designtle lo 1>81-fomt-+h e duties of a Sergea nt or 6iett~lftlll shall re eeiYe""f}ay a t a rate live (5%) pereent-flbove th e emp iQyee's regular ral~f.-.jla)', provided that It& o th er Sergean t or ~ltl400~ ~.~0 a. T-He-duties and respoHSibi+tttes of th e hi glter e la ss ifi ea ti o n are assLH~ A:tH-«:»= a minimtHll-Or Cem (4) uninterrupt ed hours: and b. The assign ment-i5-flot for th e l>ttfJ>OSe oron-t-he-jeb training. e . If ll'le-tw o (2) eo nd itiGfl S se t fe~th are not ~ly sat is fied , the-empl oyee wi II feeeive the rate-of-pay of hi s regu l a 1~y assigned ehtss ifi e ali on for eaeh-ho ur ·wo rl <ecl-i~ t-He Sergea nt o r bieutenant pos iti on. Suc h perce nta ge sllM1-no t be a€kle&-lQ-l he base pey ~ha ll be in ad&i~i on to the base pay a~ll ly lo a l~y, ove11ime, eompensatory 1-tme-p&id , ete. re eei~e offieer, Pr omot ion. Offieers protlt&led to the rn11k of Sergea nt s ha ll re ee i·re a sa lat)' ineFease-al the time-+he;Jromolion bee omes effec ti ve, le-al leas t th e mini+-1mm o f th eir new pay nm ge Ol'-81+-e.mounl eEJua l to th e percenta ge-<l+fferen ee bei:Ween-tfle eurrent an~ gracle mid 1Jo in f5-tnot to eN:eeed 12%), whi e hev e r is grea ter. a . Ca looffi+i ng a Pro mo ti ona l hle rease. S in ee a J~FOOWtto»at-i-n erease is gra1lted-t-e recognize th e asstunption of additi o nal job duties an<l respo nsibi li l-tes , the size of t-fte...tfl erea se is ea le uleted as a flffi~nof th e s ize of41l&-J)F€Hfl o ti on, ra th er th an 44 AGENDA I TF.M # 3E SE PT EM IJ ER 28, 201 5 as a percentage of curre nt sa lary. The fo rmula used to ea!eu late the promotiollfH +ner.ease is as fo lle-ws-: New Miapoint Current Midpoint PereeBt Promotion Jn e rea se Amotml (%*) Currem ~Hll An increase to th e JHinilllHA+-e f the new pay grade , whiehtwer is greate r. Jfo 1-Jot t o eneeed 12% loin less requires to ering th e CIHfl loyee 's SR IRF)' IO th e minill'lliiH ofthEHlew J>A)' g rade . b . AnniversaJ')' Dat e. A new-eAni¥ersa t)' elate will-9e esta bli s hed as th e effuet ive date or womotion . &.--M+~ri+twm Pay . In n ~h all a prometed emp loyee 's su lat:;Y:Ie-set-aelew-+l-le-9ase saiAt)' of-.t l-l&-pesttiefl-to whieh th ey •Nere-prOJl'lOled. 26 .11 End of Lo ngev it y Pay . G~feet i ve on th e date of ratification of thi s Agreemen~ both parties , longev ity pay-wi ll be eli mtnaled as a benefit; however, emp loyees reeeivi ng loRgevity pay o n Stle ll date will have their base pay enh anced withiB thi rty (30) ea lenoof-tklys following such date as fo ll ows: a prorated Atr,oufl +-ef ~OO-t3er month ~ach year or eom~l-sen,.iee tip to a maximum amoun+-ef $-l-O~eHrtetttfl-fGH-wefl !y ftO) or mol'e-G&JHptet-ed-yeafS-OHe~"fice as of the-Gat.e of.rati li cat io n-ef. this Agreement by bot h paR:tes-: When ap~-Heab l e, a one ti1'Re eJ\cep ti on ttl -Sec ti on 26.1 Max inw m--Pay will -be ----ap,emli+teel for Lhi s base-pay enhaneeHteR-h 26.9 A career development program for Poli ce Officers is bein g impl ement ed upon ratifi ca ti on and app rov a l of thi s agreement. This program will crea te two (2) car eer track pos iti ons th at Police Offi ce rs can achieve after 3 and 6 yea rs of service . Th ese positions, entitl ed Police Offi cer firs t C lass (PF C) and Se ni or Pol ice Officer (SPO) wil l hav e add ed responsibilitie s, req uired trainin g, edu ca tion and demonstrated competency in both comm unit y policing as we ll as leadership . The office r wi ll have to reach a min imum tenure in each posi tion and de mon s trate th e skill , kn ow ledge and willin gness to perform th e req uirement s of th e posit ions be for e bein g promoted . There w ill be a 3% in crease in pav fo r prom o ti ons to Pre and SPO . a. All memb e rs who arc e li g ibl e for promot io n will be req uired to submit an app li ca tion to th e Chi ef o r Poli ce . Eac h can did ate's fil e will be rev iewed 45 AGENDA ITEM 113E SEPTEMBER 28, 20J S by the Chief and Co mm and Staff a nd a dec ision wi ll be made regarding promotion s to PF C an d SPO. b. The numbe r of po sition s allotted for PF C wi ll equa l fifty (50%) of the total numb er of swo rn officers alloc ated lor the Polic e Department, excluding th e Chief of Poli ce, Com mande rs, Lieu tenant s and Sergeants. The numb er ofSPO pos itions will eq ual fifty perce nt (50%) ofthe allo ca ted pos iti ons for PFC . Under thi s formula. there will be a to ta l of 9 PPC po siti ons and 5 SPO po s iti ons. c . Officers hired prior to Oc tober 1, 2012. and who have a minimum of s ix (6) yea rs of law enforce ment expe ri ence will be e li gib le for promotio n to SPO witho ut having to meet th e requirement s of three (3) consecuti ve years as a Pre and th e reqtlircd co ll ege and ca ree r development courses. These offi cers will be promo ted ba sed on their overa ll tenure, qua lificatio n. tra inin g, attitude , work performance, di sciplin ary hi sto ry an d abilit y to pe rto rm th e requiremen ts of th e pos iti on . Und er thi s provi sio n, office rs who rece iv e the 3% promo ti on to PFC w ill not receive an addit iona l 3% pay in crea se if and w hen prom oted to SPO. d. Poli ce Officers hired af1er October 1. 201 2 wit h less th an 3 years experience will be e ligible to rece ive a 3% pay in c rease for promotions to Pre and SPO. These o ni cers arc not s ubject to the provi s ions of26.+-l-9 (c) an d as such . wi ll be required to meet all of th e e li gibi lit y req uirement s fo r promot ion as es tab li shed in th e poli cy and proced ure. 26.9 Any emplo yee covered by thi s Agreement. exce pt for th ose c las ified as a PFC or S PO. who is reguired by th e C hi ef o r Poli ce o r hi s des ignee to l)erfon n th e duti es of a Fie ld Tra inin g omcer (FTO) sha ll rece iv e pay at a rate of ten percent (I 0%) above the e mplo yee 's regul ar rate of pay whil e th e emp loyee is ac tu a ll y perform in g th e dutie s of an FTO . T hose emp loyees cla ss ifi ed as a PF C or S PO will receive pay at a rate o f seven perce nt (7%) above th e empl oyee's regul ar rate of pay w hil e th e e mpl oyee is actu a ll y performi ng th e duties o f an FTO. Such pe rce ntage shall no t be added to th e ba se pa y but sha ll be in addition to the base pay and apply to a ll pav, ove rtim e, cornp e nsat01y tim e pa id . etc. rece ived by th e oflicer. 46 ARTICLE 27 ALCOHOL AND DRUG TESTING AGENDA ITEM # 3E SEPTEMBER 28, 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 (FS112.0455 & FS440.102). 47 I 2s.1 28.2 ART ICL£28 ANT I-DlS C RIM (NAT ION AGENDA ITEM # JE SEI'TEMBER 28,2015 In accord ance wit h applicab le Federal fl-ft6._ -S tate and Loca l Law, both the C ity and Uni on agree that th ey will not d iscriminate on th e ba s is of ra ce, co lor, c reed, nati o na l origi n, sex, re li g io n, marital statu s, age, handic ap, &!'-Uni on memb ership or non- member ship , ge nd er iden tit y, sex ual ori ent at io n or anv ot her non-merit factor except where age o r sex is a bona fid e occupation al qua lificat ion for the job necessa ry for ru.:Qpe r· and e ffi c ient jQ!l..ne rfon na nce . The C ity and the Assoc iati on affirm thei r j o int opposit ion to any di scr im inatory pr ac ti ce in co nnecti o n wit h employment, promotion, or trainin g; rememb er in g th at the public int ere s t rema in s th e fu ll uti l izat ion or emp loyees' sk ill a nd a bility with o ut regard to cons iderati o n o r race, co lo r, cre ed, nati o nal ori gin , sex, reli g io n, marit a l statu s, age, hand icap , or Union members hip or non-m e mb e rship gender id entit y, sexua l o ri entation or an y oth er non-merit factor except where age or sex is a bona fid e occ up ati ona l qua lification for th e job ncccssa rx for nr 9pcr a nd e rtl cie nt job pe rforma n c e.~ Any vio lat ion of thi s Artic le ma y be g ri eve d pursuant to Article I 0 gove rnin g the grievan ce process up to and in clud in g Ste p Thr ee (3) as o ut lin ed in Arii cle I 0 . Under no c irc umstan ces shall Step Fo ur ( 4) of the g ri evance pro cess and/or Arti c le II go veming bind in g a rbitrati on be allowed. Thi s prov isio n in no way res tri cts an empl oyee's ri ght to fi le a compla int or c laim acco rding to City po li cy or applicab le Lqc!Jl. sta te or federal law. 48 ART ICLE 29 MUTU AL CON~EN T 29.1 Pursuaqt to Chap ter 20 15-03 9 , Fl or id a Sta tutes. th e parti es to thi s ag ree ment AGENDA ITEM# JE SEI'TEMBER 28,2015 MUT UALLY CONSEN T to utili ze I 00 % o f the acc umul ated excess pre mium ~ax reve nu es to fund th e unfunded li a bil it-y of th e Police Pe ns ion Fund until it is full y fund ed. Th e parti es to thi s agreement attes t to thi s mutu a l co nse nt by th e ir s ignat ures be lo w. t SAV6 ~OR f.'UTU Re US~ FOR T l IE C ITY FO R TilE ASSOC IA1 ION Ca ro lyn Woo ds Date Mi ke 8et•d ieroKimb crl y Kilp atri ck Mayo r Pres ide nt 49 [ ARTICLE 30 AMENDMENTS AGENDA ITEM# 3E SEPTEMBER 28, 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. 50 ARTICLE 31 SAVINGS CLAUSE AGENDA ITEM# 3E SEPTEMBER 28, 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. 51 ARTICLE 32 SEVERABILITY AGENDA ITEM# 3E SEPTEMBER 28, 2015 32.1 In the event any Article, Section or Pmiion of this Agreement should be held invalid and unenforceable by any comi of competent jurisdiction such decision shall apply to the specific A1iicle, Section or Pmiion thereof specified in the comi's decision; and upon issuance of such decision, the Public Employer and the Association agree to immediately negotiate a substitute for the invalidated A1iicle, Section or Pmiion thereof. 52 ARTICLE 33 ENTIRE AGREEMENT AGENDA ITEM# 3E SEPTEMBER 28, 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 opportunity 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. 53 54 AGENDA ITEM# 3E SEPTEMBER 28, 2015 ART ICLE 34 AG ENDA ITE M #3 E SEJ>TEMB E R 28,2 015 DURATION OF AG REEMENT Thi s Agree me nt sha ll comm ence and beco me e ffecti ve o n'-=============== October I . 20 15 and sha ll co nt inu e in full force a nd effect until midni ght on th e thirtieth day of Se ptemb e r, 20 ~~~o r until a s uccesso r ag reement is ratifi ed. Eac h party may reope n Arti cle 26, Wages and two (2) oth er Arti c les of th e ir choice in -20 I;_§ a nd 20 141. If eith er pa rty des ires to nego ti ate a successo r ag ree me nt, it may do so by g ivin g th e oth er party wri tte n no ti ce to th at effect no la ter than Jun e I ~• of ea ch yea r. FOR Tl TE CITY Carolyn Woods, Mayor Pr es ident ¥GR. TilE CITY Mike Borne City May or Dat e Ratifi ed by Union memb ers on: Lluproved by th e City Com mi ss ion on: Jehn ~. Diekinson FOR Tl IE ASSOCI A TTON Dat e Mt-ke-Sooa.ie¥e Kimbcr lv Kil patrick, f:GR-=R J.E A880CIATI01-J ¥meent b . Champion DilL~ PresiEJent , PBA 55 C ity o f Atl anti c Beac h Pac kage Proposa l Feb ruar y 12, 20 13 year requirement for defen·ed rer iremenl under section 2 310.5 sha ll result in entitlement to a full refund of his or l=ter aeorued contributions, plus interest as determined by the board of trustees. • f'e,Hl'le+R98FS-A+Fea-on-o~= .J.at'H:Iary 1, 20 13, subject to section 2 3 10 .14 , the-amotint of leve l straighH i~ pension shal+-be equa l to t l~e retirtfl,g member's eredited serv iee multiplies -by 2.0% of the ret iring member's final average compensation. AA~end the At lantic Beach Cod~o.f Ordinances, Part II, Cl'iapter 2, Gmp loyee Benefits Artic le Vl, Division 4 (''Po lice Office rs' Retirement ~~-+o-eeAform to ChatJter 20 I I ~aws of Florida (Senate lJ.i iJ-l-~ AGENDA ITEM # 3E S EPTE MBER 28,2015 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 Midpoint $37,583 $47,331 $39,463 $49,698 $50,580 $67,951 AGENDA ITEM# 3E SEPTEMBER 28, 2015 Maximum $56,970 $59,820 $85,322 AGENDA ITEM H 4A SEI'TEM BER 28,2015 Description of Item Ser ial II Asset Ta g It Dispo sal Disposal Me thod of Emp loyee Witness Amount Date Auth ority Disposa l Rec eived HP laser 4050 tn USQX 121943 1048 cc sc K.RBn dl ch HP 4050-TN CNYBB07076 1049 cc sc K.Randlch IPOS Printing Feature B28J100347 1075 cc sc K.R~nd lch HP 4100 Laser Printer USJNJ28453 1104 cc sc K.Randlch IBM 34761nfoWi ndow Terminal 88-ZT213 1210 cc sc K.Randich Hitach i CPX417 Projector f9CI005363 1316 cc sc K.Randlch Dell Lati tude E4300 2js5hjl 1353 cc sc K.Randich De ll Latitude E4300 C8Q20Ml 1469 cc sc K.Randic h De ll Latitude E6q.1Q ATG BD6VVM1 1493 cc sc K.Ra ndlch De ll Latitude E6UO ATG 176wml 1497 cc sc K.Randlc h De ll Latitude 0610 ctmpj8l 1575 cc sc K.Rand lch De ll Power Edge 2850 JYYDW9l 1663 cc sc K.Randlc h 3CO M Sllper stack 3 swi tch 1699 cc sc K.Rand ich 3COM super stack 3 swi tch 1703 cc sc K.Randich 3CO M super stack 3 switch 1705 cc sc K.Randich 3COM super sta ck 3 swi tch 1708 cc sc K.Ra nd ich 3CO M super st ack 3 swi tch 1709 cc sc K.Ra ndich 3CO M super stack 3 switch 1710 cc sc K.Ra nclich Tldevlews ca mera system 1727 cc sc K.Randich Red line AN SOe 2001-0500-0045 7 1835 cc sc K.Rancllch Dell Optlplex 745 7qp2ldl 1857 cc sc I<.R;~ndich Dell Op tipiex 745 Sqp2ldl 1858 cc sc K.Rand lch Barrncucla spam flrewall300 BAR·SF-340216 1953 cc TR I<.Randich Dell Latitude d630 DYWW4Gl 1955 cc sc K.Randlch Del l PowerEdgc 850 38yjrb1 1963 cc sc K.Rond ich Raritan ca llS KVM r g49800037 1974 cc sc K.Randlch Dell latitude E6SOO 4g64wkl 2078 cc sc K.Ra nd ich Eaton 9130 UPS (for ISerles ) gc493a0985 2194 cc sc K.Ra ndlch Fargo 550 Badge Printer b0360161 2283 cc sc K.Ra ndlch Disposal Authority: CC -City Comrn l ~sion, CM-City Manage r Method of Disposa l: TF -transferr ed; CA -cann ibalize d; SC-s crappe d; DE-destroyed; TR·t raded; DO -donated : SO-sold Employee Witness: First In itial last n e f employee witness· g dis osal method Ci ty Manager Approva l I Dat e, _________________ _ AGENDA ITEM: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Continuation of Grant Writing Services AGENDA ITEM# 4B SEPTEMBER 28, 2015 SUBMITTED BY: Catherine Berry, Esq., Director of Human Resources CV DATE: September 17, 2015 STRATEGIC PLAN: None BACKGROUND: Last year the City issued an RFP for Grant Writing Services and received four proposals, one of which was chosen and a contract issued, to Langton and Associates. During the budget workshops this year, the Commission indicated a desire to continue the services of Langton and Associates for the City's grant-writing needs. Langton has agreed to a renewal of its contract with the same terms and conditions of the current contract. The services that Langton and Associates provides to the City are as follows: • In-Depth Needs Assessment and Strategic Grants Plan • Determination of Relevant Funding Sources • Preparation and Submission of Grant Applications • Technical Assistance on Grant Administration • Personalized Grant Research and Consultation • Intergovernmental Relations with Federal and State Governments • Provide a Semi-Weekly E-Mail Grant Alert RECOMMENDATION: The Commission should authorize the City Manager to enter into a new one-year agreement with Langton and Associates, a copy of which is attached, with the same terms and conditions as contained in the current agreement. ATTACHMENTS: BUDGET: A copy of Langton's RFP proposal is contained in the draft staff report folder on the 0-Drive and may be accessed by clicking here. $36,000, which is contained in the 2015-2016 budget. REVIEWED BY CITY MANAGER: _71....;__:,..;,• _.:::~....,;a-t--r=.!...J;;;t~U<./'=.::L....------- 1 CONSULTING AGREEMENT AGENDA ITEM# 4B SEPTEMBER 28, 2015 This consulting agreement made on this _day of September 2015, by and between Langton Associates, Inc., hereinafter referred to as "Langton", and the City of Atlantic Beach, hereinafter referred to as "Client" on the following terms and conditions: RECITALS WHEREAS, Langton is a Florida corporation engaged in the business of offering governmental consulting support to municipalities, counties, other governmental bodies and non- profit corporations, and WHEREAS, Client is in need of professional services of consulting for the purpose of obtaining various governmental grants and assistance offered by various governmental agencies and bodies, and WHEREAS, the parties are desirous to enter into this contract, to establish a contractual relationship and set up the fees to be charged by Langton to Client for the services rendered and to establish the guidelines for consulting work to be performed. IT IS THEREFORE agreed as follows: 1. Langton agrees to provide professional consulting services to Client for the term of one (1) year, commencing October 1, 2015 and ending September 30, 2016. Langton agrees to exercise its best efforts to obtain governmental grants and benefits for client. It is understood, however, that Langton cannot guarantee results that any certain amount of funds will be obtained for Client. 2. Pursuant to this agreement Langton agrees to provide specific services as follows: • In-Depth Needs Assessment and Strategic Grants Plan • Determination of Relevant Funding Sources • Preparation and Submission of Grant Applications • Technical Assistance on Grant Administration • Personalized Grant Research and Consultation • Intergovernmental Relations with Federal and State Governments • Provide a Semi-Weekly E-Mail Grant Alert 3. In exchange for Langton performing these services as established herein and devoting his time, Client agrees to pay Langton professional fees in the amount of $36,000, in 12 monthly installments of $3,000. 4. In conjunction with services relating to Client, the Client agrees to pay expenses of Langton. This shall include, but not be limited to, travel expenses, which shall be air expense on coach flights, car rental, hotel (at commercial rates) and food (maximum of $25.00 per person per day). Langton will submit the invoice for these expenses which shall be paid by the 1Oth day of the following month after submission of the expense report by Langton. Langton will not AGENDA ITEM# 4B SEPTEMBER 28, 2015 incur travel expenses without approval of Client. 5. Langton agrees to devote the necessary time and performance of his duties for Client. Inasmuch as the professional services rendered are of a subjective nature subject to differences of opinion, mutual confidence and respect are necessary. Accordingly, this contract can be terminated by either party without cause upon giving of a thirty (30) day notice as follows: A. As to Langton: 4830 Atlantic Blvd. Jacksonville, Florida 32207 B. As to Client: 800 Seminole Road Atlantic Beach, FL 32233 6. Should litigation be necessary to enforce any provision of this agreement then the prevailing party shall be entitled to recover a reasonable attorney's fee from the other side. ATTEST: LANGTON ASSOCIATES, INC. BY: -------------------- Michael Langton, President ATTEST: BY: -------------------- Nelson VanLiere, City Manager City of Atlantic Beach AGENDA ITEM: SUBMITT ED BY: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Extension of AmlU al Contract for City Bid No. I 011 -24: Landscape Mai nt ena nce AGENDA I TEM tJ 4C SEPTEMBER 28,20 15 Douglas E. Layton , P.E. {)_, (:/ fl Director of Public Works L.),. 3 . I c:>j .__-- DATE: August 27, 20 15 BACKGROUND: The annua l co ntract under City Bid No. I 011-24 for La nd scape Mainte nance of Atlantic Blvd. Medians, Town Ce nt er, Mayport Rd . Flyover Area s, Mayport Road Medians, City Park s and Commo n Areas ex pires September 30, 20 15. The contractor, R&D Land scape & Irr igat io n, Jn c. ha s agreed to renew the contract for the seco nd of two po ssible r enewa ls at the cu rrent prices. RECOMMENDATION: Extend th e co nt rac t for one yea r at t he curr ent price s, tetm being October 1, 2015 to Septemb er 30j 20 16 . BUDGET: FYI41 5 funds are budged as follow s: ATTACHMENTS: 00 1-5002-54 1-3400 $ 26,896.00 00 1-5002-54 1-3402 $ 14,100.00 00 1-5002-541 -3403 $ 17,173.00 00 1-6020-572-3400 $ 66,000 .00 $124,169.00 Letter fr om R&D Landscape & Irri ga tion , In c. agreei ng to the extension of the co ntract. APPROV ED BY C ITY MANAGER: --~--·-fA_~_..;::;;~---------- CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM# SA S~I>TEMOER 28, 20 15 AGENDA ITEM : Request for a waive r from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 1822 Seminole Road LJ-z;C t'~- susMITTED BY: Douglas E. Layton, PE Public Works Director DATE: 8/27/15 BACKGROUND: Applicant has requested a waiver from two code requirements for a circular driveway at 1822 Seminole Road. BUDGET: 1. The lot frontage is 91 feet rather than the 100 feet required. 2. Requesting the preexisting portion of the driveway to remain 18' wide rather than the 12' requ ired City Code Section 19-7: Construction of driveways In rights -of way contain s the following requirement: (f) "Maximum driveway width for circular drives shall be (12) feet, and circular drives shall only be perm itted on lots having at least one hundred-foot frontage." No budget consideration RECOMMENDATION: Cons ider approval of requested waiver to City Code Section 19-7 for this location. ATTACHMENTS: 1. Waiver Application for 1822 Seminole Road . 2. Permit drawing REVIEWED BY: =e,t. ~ c#utW Nelson VanLie re. City Manager 17 July 17, 2015 Statement of facts for applying for a Building Permit Waiver, Case number 15-127: To whom it may concern, AGENDA ITEM #SA SEPTEMBER 28, 2015 My wife and I purchased the property at 1822 Seminole Road, Atlantic Beach Florida the 23rd of February this year. Although we did not move into the property until the 24th of June, we made several trips to the property to visit and work on the house. During those visits we discovered the difficult nature of backing out of the driveway onto Seminole Road and the potential danger involved. Additionally, I am a 40% service disabled veteran (VA disability letter provided) with back and neck issues and have had surgery on L3, L4 and LS on my lower back in 1995 and more recently in 2011 had Anterior Cervical Discectomy with Fusion (ACDF) on C-6 in my neck, resulting in limited range of motion which further complicates the driveway access and backing out onto Seminole road. Because of the above stated concern with safety and my issues with range of motion due to my service connected disability I contacted a contractor, Mr. Scott Frazer of Grace Construction, in late April to see about expanding my driveway. The contractor and I agreed that a circular driveway would be a good solution and settled on a price to include him applying for all required permits. The contractor applied for the permit and during that process discovered the requirement for 100 feet of frontage and my property being only 91 feet was 9 feet short. My contrac.tor contacted the building permit office for the City of Atlantic Beach (CoAB) and was eventually referred to Mr. Doug Layton. During that discussion Mr. Layton informed my contractor that a waiver was the proper avenue to pursue. My contractor had me sign the waiver form and I was under the impression that a request for waiver had been submitted. Approximately a week after meeting with Mr. Layton my contractor was contacted by the CoAB Building Code Department and told to come pick up the approved permit. The contractor after discussion with the Building Code Department folks paid for and was given a permit with a drawing attached showing the circular driveway. The contractor contacted me stating we were approved and he was progressing with the work to include pouring of the concrete. A short time later, I believe the 26 1h of June I received a certified letter from the CoAB Permit Enforcement Department informing me I was in violation of the code. I contacted the referenced person for questions in the letter, Mr. John Markee on Monday the 29th of June and requested a phone call to discuss this matter. Mr. Markee and I talked the next day and I explained the situation as I understood what had transpired. Mr. Markee told me to bring in my permit and show him what I had and we would go from there. I did as instructed the next day showing Mr. Markee and several other employees the permit and associated drawings and paperwork that my contractor was given by the permit office and was told that the permit was not valid. During the discussions I explained the meeting my contractor had with Mr. Layton and how I was under the impression we had received a waiver. Mr. Markee said that we would need to talk to Mr. Layton but that he was on vacation, but when he got back the following week I could talk with Mr. Layton and try and figure out what had happened. The following week, Monday 6 July, I contacted Mr. Layton and he explained that in fact I did not have a waiver but the permit was approved for an alternative stub driveway 10 feet wide by 40 feet long, however the approved permit was issued with the circular driveway drawing attached by mistake and Mr. Layton said that was an error on their part. This was again confirmed by another employee in AGENDA ITEM# SA SEPTEMBER 28, 2015 the permit office, a Ms. Jennifer Walker {I believe that is her name). Unfortunately, due to no fault of mine or my contractor we understood because of the approved permit and attached drawing that we were approved and authorized to proceed with the project and complete the concrete pour. This was not malicious in nature or any attempt to circumvent the permitting process, just a mistake in the process made by the permitting office. In light of the above statement with respect to the general safety concern backing out of my drive way onto Seminole Road, the compounding issue of my neck and back problems and the fact that that the CoAB Building department issued an approved permit for circular driveway by mistake, but did in fact issue a permit for circular driveway, I respectfully request a waiver of 9 feet, and ask that the completed driveway project be allowed to remain in place. Donald H. Schmitt USN Retired 1822 Seminole Road Atlantic Beach, Florida 32233 804-586-6778 Schmittdh56@gmail.com Doc#, 2015044023, OR BK 17077 02/25/2015 at 03:48 PM, Ronnie ~CORDING $18.50 DEED DOC ST Pceparod By an<! Return To: Kendalllitle Servtces Inc. 12058 San Jose Blvd. #204 Jacksonville, FL 32223 Ftl<l Mo. KT1!Hi1037 Page 1262, Number Pages: 2, Recorded Fussell CLERK CIRCUIT COURT DUVAL COUNTY $3024.00 P.roparty Appl'!lilrer's Parc<iii.O. (t\:lli()) Num~) 172020.{1508 WARRANTY DEED THIS WARRANTY DEED dated February 10, 2015, by Gary L Stepp and Kathleen C. Stepp, Husb-3nd and Wife, whose post office address Is 550 N. st. Johns Clive, Camp hill, PA ·t i011. hereinafter called the gramcr. to Donald ~l. Schmitt, Jr_ and Nancy Jo Schmitt, whose post office address is 1822 Seminole Rd.,Aflanffc Besch, FL 32233, hereinafter cafed the grantee: {Wherever used herein the tenms "grantor" and ''grantee• include all the parties to this Instrument and the heirs, legal representatives and assigns of fndividuais, and the successors and assigns of corporations) WITNESSETH: That the grantor, for and In consideration of the sum of $10.00 and other valuable oonsideratlon, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliel'.s, remises. releases, conveys, and confirms unto the grantee, all the certain !and sltUated in Duval County, Florida, to wit: Lot 4, Block 1, Selva Marina Unit No. ll, according to the plat thereof, recorded In Plat Book 38, Page(s} 20, of the Pubfic Records of Duval County, Florida. Subject to easements, restrictions. reservations and limi!ationa of record, If any. TO HAVE AND 1D HOLD the same In Fee Simple iorever. AND the grantor hereby covenants With said grantee that the grantor Is la\vfuUy se~ed of said land in fee simple; that the grantor has good right end !awful authority to sen and convey said land; ihat the grantor hereby fully warrants the title to said land and wiil defend the same against the !awful cieims of all persons whomsoever, 8lld that said land fs free of all encumbrances, eXJ;6pt taxes accruing subsequent to: December 31, 2014. Wunarf<{ De«! (lntll\.1<fvel to lmllVldual) AGENDA ITEM #SA SEPTEMBER 28, 2015 ORB~ 17077 PAGE 1263 WAARMITV DEED (COn!inuoo) IN WITNESS WHEREOF, the said grantor has signed and ~d !heaa preaenf:ll the day and ye.w first above writtan. campll~~ PA 17011. (:AtidrOO.s> ' .... .· .. -: . ~ .... WI!ITiln!y~ (trnlMdual to in<!lvf<U~ AGENDA ITEM #SA SEPTEMBER 28, 2015 TO : Owner 1822 Semino l e Rd. Atlantic Beach, FL 32233 DEPARTMENT OF PU BLI C WOR I<S r 200 Sanrlrircr I.Ane Allnnric Be;,ch, J'L 122~.1.4 3 J~ l'GLEPHON~: t1J0oi)2-I'I·~I)J4 FAX : (904) 2tl7-584J www.conb.us DATE: 5-20-15 PERM IT ff 15 -DWAY-1177 TY PE: Driveway Co ncrete Apron Your permit ap plication has been denied by the Public Worl<s Department for the reasons listed below. Please submit this information at your ea rlies t co nven ience in order that we may approve your a pplication . If you have any questions, please co ntact Doug Layton, P.E ., Public Worl<s Directo r at 904-247-5834 or email dlavtonca>coab.us. PUBLIC WORKS CORRECTION ITEMS: (Su~mit;he following information to the Public Wo~eparment) ~~<~P royide drainage ans s owing site to pogr~f!J-{y(flow arrhws, etc.) /' ""ll>Provlde im pe"'1 us surf ce calc ulations jPf the entire lot( ex isting and' post construction}. *+seftion ZE-6 {b) of the and Derelop ent Regulations;feq uirespfi':sit e storage for in crea sed run-oft if ad rng 400 S or mo re i pervious su ce . Pro vide D21 a Volur:n€ cal cul ations and o n-site retention re · uired PJi Sectio n 24-d6 (b). / "'" Clrcu~/ driveways are not allred on lots w ith less th~/10 0' frontage. • Projtle a p re-constru tion pograph ic survey pr~8Pfed by a Florida Licensed Professional Land S c:veyor, showing 1' contours. Need elevation of P'r6pos ed reten tion pond. PUBLIC WORKS COND ITIONS OF APPROVAL: (The following comments will be printed on )'Our permit as Conditions of Approval) •• . .tqt-¢~_c,:re)e ?-rilftjw~y ... ap9b n.~.n1'ufl t ~-t: S'Jt hi;k·; ... 4~sl)vitl).l~from edge of pavement t o t/{e'Pfepert~fne . ReTnforc~ rots{or meM"e not allowelnnthe right-of-way . ''""Full erosion co nt rol measures must be Ins talled and ap proved prior to beginning any earth disturbing ac tivities. Co ntact Public Worl<s (2.47 -5834) for Erosion and Se dim ent Control In sp ectio n prior to st art of cons t ru ction . ~'"All silt must remain on-s ite during co n struction. *"'~Ofl·Jj.te'S)o~~gf"~e~ir~cj. a ~s~r:apffi~o-cumenting proper c<fti's tfuct io tf_w rll tfe"requVedv "'*Roll off contain er company must be on City ap p roved list and container ca nnot be placed on City Rig ht -of-Way. (Approved: Advanced Disposal, Rea lco, Republic Services, Shappel's and Waste Pro .) **Furl right-of-way restoration, Including sod, is requ i red. cc : Jenn ifer Wa ll<e r, Building Dept. Additional Information Waiver for Circular Driveway 1822 Seminole Road 8/27/15 AGENDA ITEM #SA SEPTEMBER 28, 2015 tu l l'hc prupt ··tl dn H \\ IY ),ollm ,,.,. .• ,., n111rc thnn fiO )• (!illl pt rccn l nnpc rviou~ area wi chm chc n ht· ul:,, ·'· ch i Any pcrn11 11 ucd ~h. II he n r.l\li!Jhlc Cl.crun.:h nu 11 po·nnt l ll nny nonscnnd nrd dn'~"~J •n•tcno l~ 11 .• ... 1 ~~·:r~) nr. u ~;.rnlkd m chc n .'hl ·•>f·W\y. If th e ell}'' rcqturcd to tin .. ny ucilu y or N hcr wurk nr r, pa •r tn .1 r;ghH•f·ll 1 which dnw ,,,, ... ur h no n~tnn d .• rd nuu crinl . the homeowner hAll he rc. pu. ih l. f,,, t'C)lll trs n~h <Ory 111 th J m~ccnnls t1'l .\n, cll ll •lru cunn wi chin ch c cic y's n ghl of-wny .h.tll nne advct cl ynnccl or rcm tcl pulllic park tllj! m ch e 1 ill hl .-ul'-11 1) Cdl No fl•l rking nprnn .• hull he r ll uwc d .n the d l/, r i l!hiA-uf-W ~)' olun~: nm.nnl Clh n•u vhl tt·ccl~ li red in c11; C'ntlo: uh .• ct·rit•n (hi. t 1 • \ny irnpr.,, cmcmN m th e eiry·. rirhc s-uf-II'OY rlo.n nrc ""' purr nl' « clrtvcwny nr s tdtm 1lk hn ll he c""''"'crr d • f curf b!uck or ot hr r pcrv inu . moccrinl. ( n Mn<llllll lll drive\\ oy Wid th !It I he property hll e IIIIU ihrnuMh lhc ri)\111-uf-wuy shnll h~ lwe nly (20) "'"' M.uill!UIJI llnvcwny Wtdlh fu r ctrc utur dn vc' 'hull he IWc:lvc (Ill r~-el . und un~u l ur ll n V<'' ~ha ll only be punn ll h.'CI un lots havinu ntlen.M <)llc hu ndn.>d-foo t fromull~· tl!l Mn xi mum dri1 ..:way IV idch ncrhc prO ilC r1 Y lin ~ tmtl rhrou llh th e rtl!hl·ni·IYil )l l'o r dupl cxc·.onll fil'ly· 'out hn ~h a ll be u ~nmbin cd width li1r both dri w 11 ">'!-uf IIY CIII Y·Ib ur t24) fee l. 1 o) t>n • 1\'U)' thn r ~ro . sicl cll .llk ., Ciry t.tti<\\J ik m ~y not he rcpln ~ctl wtth othcrmul• n nb. itu t mu~tlx• repla d 11 ith .mon th cun .:rcc~ kn nnlm .I in ~olor u lh J I itmntch< lh~ cxtstin g aotd ttdjointlll! : .. I ,\\,ol h . I < It d . 1\ • fi.'·US-' I. ' I. ,,.x.rJ5 ) T his loiter rcquos ls thnt th e noted viol a ti ons be co rrected by re moving denied circ ulnr drl vcwn y unll con~tru c tln g npprovcd stub d rlvewny with in t en ( 10 ) dnys of the receipt of this notice. 1'11 uvn id hnving lh i): cn ~c hc rcforrcllto th e C'ndc Ent ilfcement Bun rd. nil listed viol tttiuns nn this nntlc o musl bc in cum plinn cc on 11r he loc·c th e do te cs lnbli shcd by i\llnnt ic Benc h Code Cnfnrce rncnl. The Board may i mpo~c lin es up to twn hundred fi fly ($250.00) per dn y for co ntinuing v tol n ti n n~. L'p tl n completing th e corrcclivc nt.:t inn requi red. it is your rc~pnn si hility In cnntnc t Atlant ic Bench Co de Entorccm em and nrru ngt: thr an ins pection l<l veri fy ~:o rl'l pli n nce. It is our gnu Ito keep uur neighborhoods lnokin !,l well mnin tnincd whil e protecting pro pe rt y vnluc:t; und your cooperation in this matter is grcu ll y upprccinted . Plco sc conlilct Atlanti c Beach ('ode Enforcement at 904 247-5K5S if yuu have any quc~t i uns or ot:ed add iti on ul inlbrmo tin n. s;"""'Y · ~ 9!b!· /-- COD E E!'Jf.ORC'EMENT OFFJ C'l:.R (\:: Dun Arlr ngton. llu i ldir1 g Ol'fi ciHI Sen II Fn11.i cr. Groce C'o nstn1c lro n of Florid n. Inc. Pn gc Num hcr:! Ju nu 22. 20 I 5 AGENDA I TEM# 8A Sli:PTEM BER 28,201 5 ,.-..I ClTY OF ~TLhNTIC BEACH, FLORIDA AGEtlDA March 12, 1973 1 . Call to Order 2. Invocation 3. 1\pproval of f-1inutes of February 26, 1973 4. Recognition of Visitors 5 . Correspondence -Lt. Gov . Tom 1\dams 6 . Resolution t7o. '73-12 Lots 276, 2Gl, 26B, & 269 -Saltair 7 . B. B. t1cCormicl: & Sons -Final l'ayment o. Hotel Reservation -Application for P.u.o. Public Hearing 9. Narie nooks -ne: Chi l d Care -355-l Oth St. 10. Emergency sewer Repairs -Maypo rt Road 11 Tcnnin Court Repairs 12. City Clerk 13 . Chief of Polica 14. Supt. Public Works 15. City Uanager 16. Commissioners 17. Mayor 18 . Adjourn AGENDA lTEM 1188 SEPTEMBER 28,20 15 .. AGENDA ITEM #8B SEPTEMBER 28, 2015 MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY CO~~ISSION HELD AT THE CITY HALL ON .MONDAY I MARCH 12, 197 3 I AT 8: 00 p. M. PRESENT: William s. Howell, Mayor-commissioner L. w. Minton, Jr. R. R. Rosborough, II F. W. Fogg D. ~1. Speed, Commissioners 1\1:-TD R. c. Vogel, City Manager Gloria June Knight, Acting City Clerk ABSENT: Oliver C. Ball, City Attorney The meeting was called to order by Mayor-coromissioner, Mr. Howell. The invocation was given by coromissioncr t-1inton, followed by the pledge to the flag. The minutes of the meeting of February 26, 1973 were ~ppro7ed n~ written. Mayor Howell recognized visitors and called for nny bucincsD from the floor not on the agenda. There was none. The following bid was presented to the City Co~misoion: Ellis K. Phelps & Company, Winter Park, Florida One (1) Model 15C5 Comminutor Total Sum, F.O.B. Factory with freight allowed ••• $4,893.00 Corr.rnissioner Minton moved that the bid for a ComlT'inutor be a·~tarded to Ellis K. Phelps & Company in the amount of $4,893.00 from Account No. 2052 Sewer Plant Construction. The motion was seconded by Comwissioner Speed and carried. l1ayor Howell read in full a letter from Lieutenant Governor To~ Adams. The Lieutenant Governor presented to the City of Atlsntic Beach a Certificate of Achievement in recognition of the City's contributions to the enhancement of Florida's enviroment. T~ Adnms stated that the people of Florida should respect and nppreciato the good example the City of Atlantic Beach has set in their efforts to- wards abatement of pollution resulting from municipal sew~ge. At this tir.'.a, .Mayor Howell called on Mr. Butts to make .his presenta- tion on his application for P.u.n. Hotel ~servation. Mr. Butts stat~d he WO'I.lld like to .construct a condorninilll'l' consisting ot 66 units not to exceed thl:ee stories in heig-ht. with approxill'atoly 2.6 parking spaces. There will be only one aecass to the propc:tyr Tenth Street and a lock 9ate at the southern end o£ his property at Beach Avenue for anergency use. Mr. Butta presented copies of llis proposed prclirinaey plans to the City COfl'mission. Mayor Howell declared the meeting open £or a Public Hearing. 'l'here beinq no further discusuon, Mayor Howll declnre<l too Public Bearing closed. It was n<oved by CortZ'Iission~r Rosborough, seconded by Com.'llissionar ~linton and carded to approve Hr~ Butts' request for I?.U.D. for the reMinder of part of Hotel Reservation. Mayor Howell reminded Mr. Butts that even though the plans have baen approved, they are still subject to certain things: placement of garbage. etc. 1\ny changes from wh.a.t was ori9ina.lly proposed MUst be approved by tho City C~ission~ Minutes of the Atlantic Beach Commission, March 12, 1973 AGENDA ITEM #88 SEPTEMBER 28, 2015 Though using Tenth Street as both an entrance and an exit probably made sense In 1973, times have changed and our neighborhood is not what it used to be. Exiting to Tenth Street Is extremely dangerous. Our current two-way entrance/exit, through a one lane opening, onto a one lane two-way street with lots of pedestrian/bicycle traffic and angle parking adjacent to the one lane, is dangerous at best. Every exit is an adventure: nearly hitting oncoming cars or pedestrians who walk down the middle of Tenth Street. Bicyclists and skateboarders whiz by our current exit totally oblivious to the potential danger of exiting vehicles. It's even worse when you enter the Cloister and have to back up through a stop sign to allow traffic to exit the single lane entrance/exit. Cars looking for parking spots at the beach on Tenth Street whiz past our driveway in a rush to get to spots-and back out along the narrow Tenth Street, with all the inherent danger of driving In reverse, passing our driveway again. Vehicles exiting our gate have limited visibility until it Is almost too late to stop. With this in mind, the Board of the Cloister Condominium voted in September Its desire to open the South Gate from our parking lot to Club Drive for exit only. The South Gate would be equipped with inductor loops and VIKING motors with arm structures. Vehicles would continue to enter from Tenth Street. As the cost for the motors was larger than $5000, the By Laws required the membership to vote its approval for such a project. A letter was sent to the 66 unit owners. We received 47 YES and 7 NO votes. This is an amazing feat-71% voting yes to spend money that Is not required! It attests to the widespread appreciation of the dangerous situation we face every day. We recognize that there is some potential danger when vehicles exit the South Gate: they might continue south Into the one-way Beach Avenue In the wrong direction. To alleviate that concern, we are placing a large sign with reflective paint on the South Gate reminding drivers that they must make a right turn onto Club Drive and may not drive straight onto Beach Avenue. Further, we will be painting a large arrow on the pavement to further Indicate that a right turn must be made. AGENDA ITEM #8B SEPTEMBER 28, 2015 Further we recognize that we share a part of the driveway on the south side with the property directly to our south. The gates swing out-extending about 5 feet from Its closed position--and, thus, do not impinge In any way on the driveway/easement of that property. In fact, even when open, they do not reach as far as the end of the garage for that property. Further we have been opening the south gate for the garbage truck to exit our property since the August. The driver found it very difficult to make a U-Turn or to back up the entire length of our property in order to exit onto Tenth Street and asked for the gate to be left open for his convenience. There have been no complaints. Finally, we did contact the Atlantic Beach Police Department to ask for their evaluation of the project. Both they and the Public Works department had no public safety concerns. (see copies of emalls below) In sum, the Board believes that the risks are serious to maintain the South Gate as an emergency gate only, that there are no credible risks to opening the South Gate as an exit-only, and therefore the Commission should permit us to do so. From: Glassey, Michael Sent: Friday, August 15, 2014 4:26 PM To: Layton, Douglas; Carper, Rick Cc: Cameron, David Subject: FW: RE; THE CLOISTER CONDOS/QUERY Doug, Our evaluation is complete and we have spoken to the residents on Club Drive. The PD has no public safety concern with their plan as indicated below. Do you want to give her the final approval since it came in through your office or would you prefer us to just call her? Thanks Michael D. Glassey MPA Chief of Police From: "Layton, Douglas" <dlayton@coab.us> Date: December 17, 2014 at4:50:30 PM EST To: meade coplan <coplancabana@yahoo.com> Cc: "Gualillo, Victor" <vgualillo@coab.us> Subject: RE: RE; THE CLOISTER CONDOS/QUERY Ms. Coplan, I can't find an email directed to you from Public Works as traditionally this type issue have been handled by the Pollee Department In Atlantic Beach. We gave the Police Department our input prior to their response to you which was: Public Works has no problem with The Cloister exiting onto Club provided there is no concern from the Police Department. We do not think this change in traffic pattern requires a permit from the City. Hope this meets your needs, Doug Douglas E. Layton, P.E. Public Works Director MEMORANDUM TO: Jeremy Hubsch, Building and Zoning Director FROM: Michael Deal, Chief of Police DATE: February 12, 2015 RE: Request to Open South Gate at the Cloisters AGENDA ITEM# 8B SEPTEMBER 28, 2015 The Police Department was asked to review a request to open the gate located at the south end of the Cloisters, allowing vehicles to exit onto Club Drive. The purpose of this review is to determine whether or not there is a public safety issue at the current exit point on 1Oth Street, and if opening the south gate will create a public safety issue at Beach Avenue and Club Drive. I met with several residents who currently reside on Beach Avenue and Club Drive. These residents are opposed to the opening of the south gate for reasons that include: • Vehicles coming out of the Cloisters will be facing "head on" with traffic traveling north on Beach Avenue which is one-way traffic. These residents feel that some of the vehicles exiting the Cloisters will proceed the wrong way on Beach Avenue. These residents believe this is a public safety issue which could result in a vehicle collision with another vehicle, pedestrian, or cyclist. • The driveway located 885 Beach Av is positioned in a "blind spot" that would make it difficult for the residents to see vehicles exiting the Cloisters. The resident at this location is particularly concerned that his grandchildren could be struck by a vehicle exiting the complex. • The increased volume of vehicular traffic coming out of the Cloisters will add to an already heavily congested roadway with parked vehicles and numerous pedestrians and cyclists. I also met with Alan Gleit, President of the Cloisters Board of Directors. Mr. Gleit stated that the majority (71 %) of owners in the Cloisters have voted to open the south gate to allow vehicles to exit onto Club Drive versus the current exit onto 1Oth Street. Mr. Gleit expressed the following concerns with the current exit onto 1Oth Street: AGENDA ITEM # 8B SEPTEMBER 28, 2015 • The north gate provides room for only one vehicle to enter or exit at a time. Vehicles exiting through the north gate onto 1Oth Street currently have limited visibility and may not see pedestrians and cyclists due to traffic waiting on 1Oth Street to either turn into the Cloisters or waiting to park into one of the angled parking spots located adjacent to the gate. According to Mr. Gleit, the limited visibility and congestion is a public safety issue that could result in a collision. • Vehicles on 1Oth Street are frequently required to backup in order to allow vehicles to either exit the Cloisters or exit one of the angled parking spaces located along 1Oth Street adjacent to the Cloisters. According to Mr. Gleit, this also creates a public safety issue with the steady flow of pedestrians, skateboarders, and cyclists in the area. It is my understanding that both areas outside the north and south gates have significant vehicle congestion, parking issues, and heavy pedestrian and cyclist activity during the "beach months." While it could be argued that increased congestion at these locations will also increase the probability of traffic related collisions, research shows there has only been one documented traffic crash at either location in the last five (5) years. That lone report was a minor crash that occurred on 1Oth Street as a result of a vehicle backing up into another vehicle. Based on this data alone, I do not believe the increased traffic congestion and current conditions on 1Oth Street present a public safety issue. With that said, I also believe a public safety issue would not necessarily be created by opening the south gate and increasing the amount of traffic on Club Drive. The Cloisters indicated that they will paint a large arrow on the pavement in front of the south gate directing vehicles to turn right onto Club Drive. They will also post a large reflective sign on this gate indicating right turn only. I also recommend that a "Do Not Enter" sign visible from the south gate be posted on the west side of Beach Avenue. These traffic control measures should be adequate to warn motorists exiting The Cloisters that they need to turn right onto Club Drive instead of traveling straight onto Beach Avenue. The residence at 885 Beach Av does have limited visibility from their garage and a significant portion of their driveway. However, the residents at this location can still see vehicles exiting the Cloisters onto Club Drive prior to leaving their driveway and entering the roadway. While opening of the south gate will create more traffic on Beach Avenue at Club Drive, it will also alleviate some of the same traffic congestion on 1Oth Street. Currently, this congestion is able to clear out much quicker since 1Oth Street is a direct route to Seminole Road. This issue is certainly a matter of inconvenience. Since Club Drive is AGENDA ITEM #8B SEPTEMBER 28, 2015 not directly routed to Seminole, opening the south gate could create a greater inconvenience to residents than what is currently being experienced by using 1Oth Street. Clearly, there are similar concerns about traffic and pedestrian safety on both sides of the gate. Like many of the roadways here in Atlantic Beach in close proximity to the beach which are inundated with heavy volumes of traffic, pedestrians, and cyclists, there is the risk of a traffic crash and someone getting injured. However, based on the limited number of incidents, these roadways have proven to be safe for our residents and guests. Because it is not a public safety issue on either side, consideration should also be given to allow vehicles to exit through both gates which may lessen the impact on Beach Avenue, Club Drive, and 1Oth Street. MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD February 17,2015 AGENDA ITEM #88 SEPTEMBER 28, 2015 1. CALL TO ORDER AND ROLL CALL. The meeting was called to order at 6:04 pm. Chair Brea Paul asked that public comment be limited to 5 minutes each since there were a large number of public comment cards submitted. Mrs. Paul verified that all board members are present, with the exception of Sylvia Simmons. Also present was Building and Zoning Director, Jeremy Hubsch; Zoning Technician, Derek Reeves, and representing the firm Kopelousos, Bradley & Garrison, P.A. was Mrs. Darcy Gainor. 2. APPROVAL OF MINUTES. 3. OLD BUSINESS. 4. NEW BUSINESS. 5. REPORTS. Staff Report A. Minutes of January 20, 2015 Mr. Elmore motioned to approve the minutes of the January 20th meeting. Mr. Stratton seconded the motion. The motion carried unanimously. None. None. A. Cloister Condominiums Opening of South Gate Mr. Hubsch introduced the item and stated the City Commission is seeking a recommendation on this item from the Community Development Board. He stated that this item is specifically about whether or not the Cloister Condominiums should be allowed to open a gate at Page 1 oflO Applicant Comment Public Comment AGENDA ITEM #8B SEPTEMBER 28, 2015 the south end of the property and utilize for egress of vehicular traffic. A brief history of the property was given including Commission minutes that approved the development with acknowledgment that the south gate would be closed and only used for emergency services and that any changes would have to be approved by the Commission. An aerial of the property was presented and the proposed traffic pattern was demonstrated as compared to the current traffic pattern. There are some concerns that those leaving the Cloisters might go the wrong way down Beach Avenue and that a "DO NOT ENTER" sign may be necessary. The Cloisters have offered to put in signage including "RIGHT TURN ONLY" signs. The possibility of making Club Drive a one way street has also been discussed and may be something to consider. Regardless of conditions, traffic would be reduced on 10th Street but increased on Club Drive. Chief Deal wrote a memo regarding this item that is included in the agenda packet. He stated that he did not see a public safety issue with the current traffic pattern or the proposed traffic pattern. He did offer the possible option to allow for vehicles to exit through both gates. The Public Works Director has also reviewed the proposed plan and does not think the proposed plan would be a problem. Alen Gleit of the 10 10th Street Unit 32, Atlantic Beach, FL 32233 stated that the residents of the Cloisters have discussed this issue for many years and that recently they voted to open the south gate and spend the money necessary to automate the gate. He stated that they are aware of potential safety issues by placing more traffic on Club Drive but that safety issues on 10th Street are so severe that utilizing Club Drive for exiting the property makes more sense. Mrs. Paul opened the floor to public comment. T.J. Street of 848 Ocean Blvd, Atlantic Beach, FL 32233 stated that the impacts on the small portion of Plaza between Ocean Blvd and East Coast Drive would be immense because of its narrowness. He also referenced current and former Police Chiefs' comments about a lack of positives and hoped that the board recommends denial. David Reed of 812 Ocean Blvd, Atlantic Beach, FL 32233 stated history has shown this gate should be closed and why challenge that especially when considering the street widths and lack of pedestrian paths along effected streets and also hopes the board recommends denial. Page 2 of 10 AGENDA ITEM #8B SEPTEMBER 28, 2015 Linda Torres Reed of 812 Ocean Blvd, Atlantic Beach, FL 32233 stated Club Drive does not have a sidewalk that lOth Street does have so the pedestrian danger would be increased and felt the opening of the gate should be denied. David Shields of 130 Club Drive, Atlantic Beach, FL 32233 stated that he doesn't understand the logic of going against history and moving one perceived problem to another area and hopes the board recommends denial. Robert Hines of 880 Beach Ave, Atlantic Beach, FL 32233 stated he bought his house because he knew the gate couldn't be opened without Commission approval and though hoping for recommended denial asked, that if this were approved, where would the needed sign age be placed. Lulee Rady of 150 Club Drive, Atlantic Beach, FL 32233 stated that she has seen when the gate was open and that the traffic on Club Drive was bad then and would only be worse today and asked that the board recommend denial. Ellis T. "E.T." Fernandez of 890 Beach Ave, Atlantic Beach, FL 32233 stated that he would like to see a traffic study regarding this issue and also has concerns for pedestrians and would like to see this item denied. Meade Copland of 10 lOth Street, Atlantic Beach, FL 32233 stated that she is on the board of the Cloisters described the issues at lOth Street and asked that we all be good neighbors and consider providing some relief from the issues at lOth Street by recommending approval. Harry Ulrich of 151 Club Drive, Atlantic Beach, FL 32233 stated he believed that the staff report and Chief Deal's memo were incomplete and that the Board has provisions to help make a decision which should be to recommend denial. Brian Hughes of 171 Club Drive, Atlantic Beach, FL 32233 stated that he views this would have an impact on a greater number of properties and that a traffic study would be helpful and can see some potential options but thinks the proposed plans should be denied. Butch Toney of 895 Beach Ave, Atlantic Beach, FL 32233 presented a photo from 1990 of the front of his property that included the south gate of the Cloisters and stated that his driveway presents a major issue because it is blind to the gate of the Cloisters and hopes this is denied. With no additional speakers, public comment was closed by Mrs. Paul. Page 3 oflO AGENDA ITEM: SUBM I TTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT I 0111 Street Parking R.i:~on P~, P~s Director September 17, 20 15 AGENDA ITEM #8C SEPTEMBE R 28,2015 BACKGROUND: C utTentl y there arc 20 angled parking spaces along I 0111 Stree t between Beach A ven ue and th e dune crossing to the beach. I 0 of th ese spaces arc allocated to th e adjacent co ndos and the I 0 easternmost s paces are publi c parking . Exiting this area of I 0111 Street is difficult. Cars arc often seen backing to the Cloister entrance o r to Beach Avenue to perform u Y turn when exiting the parking area. Backing along I 0111 is in direct co nfli ct w ith ca rs enteri ng the parking area and with cars ex iting the C loister Co nd om inium. Occasiona l, illegal, parallel beach parking compou nds the problem. The attached parking s tud y was recently completed to co nsid er changes to parking along I 0111 to address this situation. Reverse angled parking was found to have no advantage. ll owevcr, a change fi·om angled parking to 90 degree parking has some advantages and disadvantag es as d etailed in the stud y. 90 degree parking wou ld elim in ate the back ing movement but wo uld elim in ate 3 highl y va lu ed beach parking spaces. BUDGET: Unde termined RECOMMENDATIONS: Commission consider a change to 90 degree parking in co njunction with the di scussion of proposed traffic tlow changes at the Cloisters Condom inium . ATTACHMENTS: Parking study dated Aug ust 20 15. REVIEWED BY CITY MANAGER: -n._ t/a-,. ~. Table of Contents Summary Exhibits A. Existing parking-angled parking B. Proposed parking -90° parking option AGENDA ITEM #SC SEPTEMBER 28, 2015 SUMMARY AGENDA ITEM# 8C SEPTEMBER 28, 2015 This report documents the loss of parking spaces expected when the existing angled parking along 1oth Street east of Beach A venue is changed to 90° degree parking. Project Location-1Oth Street east of Beach Avenue, City of Atlantic Beach Right-of-way width -less than 40 feet Software used -Autotum Number of Existing parking spaces 1 0 restricted spaces 10 public spaces Number of proposed 90° parking spaces 10 restricted spaces -7 public spaces EXHIBIT A Existing Angled Parking • 1 0 restricted spaces • 10 public spaces AGENDA ITEM# 8C SEPTEMBER 28, 2015 EXHIBIT B. 90° Parking Option II 1 0 restricted spaces II 7 public spaces AGENDA ITEM #8C SEPTEMBER 28, 2015 I I I 4xf,x 78#Nii.LI VON39V1I ! I i 0 i all a V fir` r. 41 y f . M pp c skN !•,a f: t E. _. r. _ , A ' ` V\ 'i r z-. i a ri 4 \ ti. I.11 4.-!' ','' I. 41::...,,,!.:4,10..„,;...........:::::::::...: i. 1,, iii x y., 4`i SI Z`SZ2138W3.Ld3S II Je s' r1 7 i`,4 1 FY C.') r1 s4 1 1 1i ' I f i 1 R CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM # 8D SEPTEMBER 28, 2015 AGENDA ITl]:M: 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 ofFracking to Florida: Reasons Why Fracking Should Be Banned (4) List of Cities that recently passed resolutions (5) Draft Resolution RESOLUTiON NO. 2015 -·1 0 AGENDA ITEM # 8D SEPTEMBER 28, 2015 A RESOLUTION OF THE CITY 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 property 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 that 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 pollucecl 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 e>etraction 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 RESOLUTION 2015-117 AGENDA ITEM # 8D SEPTEMBER 28, 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 prope1ty 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 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 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 I. 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 ftuther requests the Governor of the State of Florida to sign such legislation. ADOPTED this 18 1h day of August, 2015. ATTEST: La~ i?tat Caroline Best City Clerk AGENDA ITEM# 8D SEPTEMBER 28, 2015 APPROVED AS TO FORM & LEGALITY: TammiE. Bach City Attorney RESOLUTION # __ _ Name of City, County, or Municipality AGENDA ITEM# SD SEPTEMBER 28, 2015 A RESOLUTION OF THE I City I 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 #8 D SEPTEMBER 28, 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 -------~mtteh-oHIIe state's fishtng industry. Regulation and mm1mal 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. supports 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 28, 2015 Yvonne Calverley, Executive Assistant to the Ci1y Mrmager~C--­ September 10, 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 ofNewly Elected Commission will be taken on Monday, November 9th at 4:45pm 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: ~· (/6Je--ec? ~ .f