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