Amended Agenda Packet 6-10-13
Amended Agenda Packet 6-10-13 CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
June 10, 2013 - 6:30 PM
AMENDED AGENDA
Call to order
Invocation and pledge to the flag
1. A. Approve the minutes of the Regular Commission Meeting of May 13, 2013.
B. Approve the minutes of the Commission Workshop of April 22, 2013.
2. Courtesy of Floor to Visitors
*A. Presentation on Transportation Improvement Program from North Florida
Transportation Planning Organization
3. Unfinished Business from Previous Meetings
A. **City Manager's Follow-up Report.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Police Department 1st Quarter 2013 Report, Financial
Report for March 2013, Building Department Monthly Activity Report, Utility Sales
Report and List of New Business Taxes for April 2013.
B. Award the Annual Contract for Trimming Palm Trees to Luke Brothers, Inc. (Bid
No. 1213-05).
C. Accept report of North Florida Transportation Planning Organization o
Transportation Improvement Program.
D. Approve requested waiver from City Code Section 19-7 Driveway Limitations to allow a
circular driveway on a lot at 592 Royal Palms Drive with less than 100 foot frontage.
E. Appoint Tim Saggau to the Police Officers' Pension Board of Trustees for a two-year
term beginning June 10, 2013.
5. Committee Reports
None.
6. Action on Resolutions
A. RESOLUTION NO. 13-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING THE
ICMA-RETIREMENT CORPORATION 401 GOVERNMENTAL PROFIT-SHARING
PLAN & TRUST RETIREMENT BASIC DOCUMENT AND TRUST ADOPTION
AGREEMENT AND PROVIDING AN EFFECTIVE DATE.
(The 401 Profit Sharing Plan documents are provided in the electronic agenda packet.)
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**B. RESOLUTION NO. 13-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING A
POLICY TO HOLD TOWN HALL MEETINGS ON A QUARTERLY BASIS
7. Action on Ordinances
A. ORDINANCE NO. 20-13-123, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012
AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE.
B. ORDINANCE NO. 58-13-35,Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, ESTABLISHING CHAPTER
2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 5, CITY OF
ATLANTIC BEACH DEFINED CONTRIBUTION PLAN, SECTION 2-230 THROUGH
2-330, PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
**C. ORDINANCE NO. 58-13-36,Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING AND
RESTATING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE
BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM, SECTIONS
2-300 THROUGH 2-310.29, INCLUSIVE, OF THE CODE OF ORDINANCES OF THE
CITY OF ATLANTIC BEACH, BY RESTATING THE CITY OF ATLANTIC BEACH
POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
**D. ORDINANCE NO. 58-13-37,Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDNG AND
RESTATING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE
BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM,
SECTIONS 2-261 THROUGH 2-299, INCLUSIVE, OF THE CODE OF
ORDINANCES OF THE CITY OF ATLANTIC BEACH, BY RESTATING THE CITY
OF ATLANTIC BEACH GENERAL EMPLOYEES' RETIREMENT SYSTEM;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF
PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
E. ORDINANCE NO. 90-13-216, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS
DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO
SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE
ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL
CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS
CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE.
F. ORDINANCE NO. 90-13-217,Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, CHANGING THE ZONING DISTRICT CLASSIFICATION OF
LANDS DESCRIBED WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT
DEVELOPMENT (PUD) TO RESIDENTIAL, SINGLE-FAMILY (RS-1), PROVIDING
FINDINGS OF FACT, REQUIRING RECORDATION AND PROVIDING AN
EFFECTIVE DATE.
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G. ORDINANCE NO. 20-13-122, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012
AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE.
H. ORDINANCE NO. 95-13-106, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 4 ANIMALS, TO ADD A DEFINITIONS SECTION, TO REVISE
INTERFERING WITH PERFORMANCE OF DUTIES, TO DELETE ANIMAL SHELTER
OR IMPOUNDING VEHICLES AND REPLACE WITH AUTHORITY TO ENTER
PRIVATE PROPERTY, TO REVISE CLASSIFICATION OF DOGS AS DANGEROUS, TO
ADD HABITUAL NUISANCE, REVISE ANIMAL NEGLECT, REVISE RABIES
VACCINATIONS AND TO UPDATE CITATIONS AUTHORIZED AND PENALTIES,
AND PROVIDING AN EFFECTIVE DATE.
I. ORDINANCE NO. 5-13-59,Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 2 ADMINISTRATION, ART. V BOARDS AND COMMISSIONS, DIV. 2
CODE ENFORCEMENT BOARD, TO PROVIDE FOR JURISDICTION OF A SPECIAL
MAGISTRATE FOR DANGEROUS DOG HEARINGS, AND PROVIDING AN
EFFECTIVE DATE.
J. ORDINANCE NO. 75-13-18,Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 21 TRAFFIC AND MOTOR VEHICLES, TO ADD ARTICLE V, VEHICLES
FOR HIRE, TO INCLUDE DEFINITIONS, CLASSIFICATIONS, MANNER OF
ADVERTISING, PRINTED MATTER ON A VEHICLE, INSPECTION, EQUIPMENT
AND SAFETY REQUIREMENTS, METERS REQUIRED, DRIVERS, ENGAGING IN
CRIMINAL ACTIVITY, SCHEDULE OF RATES, CHARGING IN EXCESS, RATES NOT
TO BE CHARGED, CITATIONS AUTHORIZED AND PENALTIES PROVIDED, AND
PROVIDING AN EFFECTIVE DATE.
8. Miscellaneous Business
A. Agreement with Beaches Habitat for the renovation and use of Jordan Park Community
Center(City Manager)\
B. Appointments to the Cultural Arts &Recreation Advisory Committee. (Commissioner
Daugherty)
9. City Manager
A. City Manager's Report.
10. Reports and/or requests from City Commissioners and City Attorney
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at
any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the
appeal is to be based.
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.
3
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,
Friday,June 7, 2013.
* Amended agenda to add Item 2A.
** Amended attachments since the Workshop on May 28, 2013:
• 3A- Added a written Follow-up Report
• 6B- Revised Resolution No. 13-08
• 7C- Corrected Scrivener's errors on Ordinance No. 58-13-36
• 7D- Corrected Scrivener's errors on Ordinance No. 58-13-37
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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
MINUTES
REGULAR CITY COMMISSION MEETING
May 13, 2013
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Mike Borno City Attorney Alan C. Jensen
Mayor Pro Tem Maria Mark City Manager Jim Hanson
Commissioner Mark Beckenbach City Clerk Donna L. Bartle
Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey
Commissioner Carolyn Woods
Call to Order/Pledge:
Mayor Borno called the meeting to order at 6:30 p.m. Commissioner Mark gave the Invocation, followed by
the Pledge of Allegiance to the Flag.
1. A. Approve the minutes of the Regular Commission Meeting of April 8, 2013.
B. Approve the minutes of the Special Meeting of April 8, 2013 to hear the appeal of Special
Magistrate's recommendations relating to the LIUNA contract and to consider benefits for
non-union general employees.
C. Approve the minutes of the Commission Briefing of April 4, 2013.
D. Approve the minutes of the Strategic Planning Workshops for February 12, 13 & 14, 2013.
Mayor Borno asked if there were any corrections to the above minutes and there being none, he stated the
minutes will stand as submitted.
2. Courtesy of the Floor to Visitors.
Mayor Borno opened the Courtesy of the Floor to Visitors. Mayor Borno welcomed the audience and
explained the process for public comments.
A. Proclamation for National Kids to Parks Day.
Mayor Borno read the proclamation for National Kids to Parks Day proclaiming May 18 as the third National
Kids to Parks Day, which he presented to National Park Ranger Dan Tardona. Mr. Tardona thanked the
Mayor on behalf of the National Park Service and the Timucuan Preserve.
B. Proclamation for National Public Works Week.
Mayor Borno read the proclamation for National Public Works Week proclaiming the week of May 19-25,
2013 as National Public Works Week which he presented to Public Works Director Rick Carper. Mayor
Borno also thanked Public Utilities Director Donna Kaluzniak.
Bill Mayhew, 1870 N. Sherry Drive, addressed the pension problems, costs and long-term yields.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors.
May 13,2013 REGULAR COMMISSION MEETING Page 2
3. Unfinished Business from Previous Meeting
A. City Manager's Follow-up Report.
None.
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 Utility Sales Report and the Building Department Monthly Activity
Report for March 2013.
B. Accept the FY 2011-12 audit report.
C. Accept the Actuarial Valuation Reports for General Employees' and Police Employees' Retirement
System for Fiscal Year ending September 30, 2012.
Mayor Borno read the Consent Agenda.
Motion: Approve Consent Agenda Items A,B and C as read.
Moved by Daugherty, Seconded by Beckenbach
Votes:
Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
Item 10A was taken out of sequence and acted on at this time.
10A. Update on Golf Course.
Commissioner Mark gave an update report on the meeting with a representative of Selva Marina Country
Club stating they discussed drafting a master agreement to address the Commission's points of concern with
the development and the reuse system. She stated they are now looking at drafting a conservation easement
and have met a representative from the North Florida Land Trust. She further touched on the fact that she had
understood she was to be the one liaison from the Commission to work with the developer and the Country
Club and while she commends Commissioner Daugherty in talking directly with the developer and Selva, she
believes they need to have one voice in this project going forward. She passed out and read a document on
talking points for when they are communicating with the citizens regarding what they are doing and why they
are doing this, so they are speaking with one voice(which is attached and made part of this Official Record as
Attachment A).
May 13,2013 REGULAR COMMISSION MEETING Page 3
Commissioner Beckenbach asked if there has been a written commitment for maintaining the greenspace for
the future. He stated he believes they should have something in writing that will say they are going to have
the conservation easement, as Commissioner Daugherty proposed. Commissioner Mark stated she has no
objection to requesting that they have something in writing stating they are working on this diligently, but her
concern is that if there are too many people involved in this process it could create more complications that
are not really necessary. Commissioner Beckenbach stated he had no problem with her continuing as the
liaison; what he was asking was is there something in writing now that says they are going to do this, because
if they vote,this is $150,000+/- for Phase 1 and 2, which is a substantial amount of money the City is going to
put out. Commissioner Mark stated they do not have an agreement like the one Commissioner Daugherty has
proposed. She stated there is a master agreement being drafted that addresses these issues and others and the
conservation easement is going forward. She stated there has not been a specific request to have the Country
Club sign something giving specific promissory items as Commission Daugherty listed. Commissioner Mark
stated this is something they have had opportunities in workshops to talk about and it could have been
brought up at that time and now it is a backdoor to us now trying to move forward with it. She stated it was
not so much that Commissioner Daugherty was proposing this amendment but the fact that they did not talk
about it as a Commission at any of the workshops or any other opportunity and now it's here. Commissioner
Beckenbach stated the reality was that at the last workshop it was brought up at the last minute and their
conversation and knowledge of what was going on was limited. He stated he doesn't know if he totally
agrees with Commissioner Mark.
City Manager Hanson explained the time table they had been working on, until this last week when
Commissioner Daugherty brought up a concern with it, was that they were intending to get a conservation
easement in place and executed prior to the City signing off on a construction contract to build the reuse
system. He stated this was going to line up with the developer's timeframe when they fmished their due
diligence work and were ready to make all their final commitments to go ahead with the project. He
explained Commissioner Daugherty stated he would like to have some further assurances before the City
even commits engineering dollars to this project,which is why there is a change in the timeframe for getting a
commitment from the country club.
Commissioner Daugherty further explained he did not approach the Country Club or the developer. He stated
he expressed to the City Manager his concerns about spending $150,000 based on a promise. He stated he
suggested Selva put up a Surety Bond that would reimburse us for our cost if the project didn't go through but
was told Selva can't afford to do that. He stated after further discussion with the City Manager, Mr. Hanson
called John Meserve at Selva who came to the City Manager's Office and they worked this out. He stated
there was no intent to go behind someone's back or approach the developer directly. He stated, however, if
he has a concern about the City doing bad business he will go to the City Manager. He stated he wanted to
assure Commissioner Mark that he respects the fact that she is the liaison and attends the meetings and
reiterated he was not attempting to go behind her back.
Commissioner Woods stated she did not get the impression Commissioner Daugherty had gone behind
anyone's back and wanted to point out in the "Respect" quote they all follow, they are supposed to refrain
from put downs, criticisms and personal attacks and believe Commissioner Daugherty probably believes he
has been a little attacked. She stated she also agrees this is a very rosy picture. She further declared she is a
member and stockholder at Selva Marina and had asked the City Attorney to weigh in on whether she had a
conflict of interest in voting on this issue. She stated she received his reply and believes he determined that if
one is not going to profit financially the State wants you to vote. She stated she does not believe she will
profit on the stock but stated she is biased as she enjoys being a member but she does not believe she has a
May 13,2013 REGULAR COMMISSION MEETING Page 4
conflict of interest. She asked if anyone disagrees to please bring it to her attention before they get too
involved with this.
Mayor Borno stated there is such a thing in business as good faith and they started out in good faith working
on this project and it now seems that they are trying to put in words a control factor and asked if it was
warranted. Commissioner Daugherty stated this is a business deal. Mayor Borno stated he would now move
item 8K up.
Item 8K was taken out of sequence and acted on at this time.
8K. Selva Marina Reclaimed Facilities Engineering, Phase I RFP 07-04.
Motion: Authorize J. Collins Engineering Associates, LLC to perform engineering services for Selva
Marina Reclaimed Facilities for golf course irrigation in the amount of$98,900 and authorize the City
Manager to sign the contract.
Moved by Woods, Seconded by Mark
Mayor Borno asked that Public Utilities Director Donna Kaluzniak explain the change in the dollar figure.
Ms. Kaluzniak stated we have a very tight deadline if we are going to make water by the time they need
water. She stated J. Collins Engineering had engineering for the reclaimed water facility already in the
contract but the work was postponed waiting on negotiations with the golf course. She explained the
challenges in addition to the tight deadline are getting additional water for the growing period. She stated the
last proposal was for Phase I and Phase II which is different than what she has in her current plan. She stated
the last proposal for Phase I was for a temporary facility just to get growing water for the golf course and
while they were doing that they would complete the final golf course design as well as the residential
component. She explained the total cost for that, if done together, would give some savings. She stated from
the workshop she understood they were not going to do residential and just wanted a cost for the golf course
only and would consider doing residential if they got a grant. She stated she has submitted a grant application
to the Water Management District. She stated she has now just given a price for the permanent golf course
facility only. She stated she recommends that they do the residential component as well so they can put the
purple pipe in to have that backbone for the environmental regulatory compliance in the future. Mr. Hanson
pointed out that what is before the Commission for approval tonight is the engineering just for the reuse
system that will serve the golf course for a price of$98,900 and after they get an answer on the grant they
will come back to the Commission to discuss the additional cost for the system to be able to serve the
subdivision also. Ms. Kaluzniak answered several questions from the Commission.
Commissioner Woods stated she would add to Commissioner Mark's list, under reasons to provide reuse
water,that there is less water being pumped from our underground water supply and also add, under impacts
of not providing reuse for irrigation,there is the expansion of the amount of potable that is being sprayed onto
lawns. She also asked the City Manager if diverting wastewater discharge from the St. Johns River to
irrigation gives Atlantic Beach more capacity for run-off. Mr. Hanson stated no. Ms. Kaluzniak stated they
would have additional TMDL credits. Mr. Hanson stated the City would get the credit for having less
discharge into the Intracoastal Waterway but it would not affect stormwater run-off requirements.
Related to Commissioner Daugherty's concerns, Ms. Kaluzniak pointed out that the engineering can be
stopped at any time so if it looks like things are falling though, they can stop and only pay for what has been
done. Further discussion ensued and Ms. Kaluzniak explained the cost savings for awarding both phases at
this time. She also explained that the Water Management District has a condition in the City's permit that
May 13,2013 REGULAR COMMISSION MEETING Page 5
says we must provide reuse to a subdivision if it is developed on the golf course unless we can prove and the
District agrees that it is technically or financially not feasible. Following further discussion, Mayor Borno
asked for an amended motion to increase the figure in the recommendations to cover Phases I and II to
$151,528.24.
Motion: Amend the motion to increase the figure in the recommendation to cover Phases I and II to
$151,528.24.
Moved by Woods, Seconded by Mark
Votes:
Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
Mayor Borno called for a vote on the amended motion.
Commissioner Daugherty asked to amend to include his proposed language.
Mayor Borno asked for one correction to his proposed language, stating he believes the time frame for
providing the items to us should be 60 days, not 30 days. Discussion ensued and Commissioner Daugherty
agreed to 60 days. Mayor Borno read the amended language as follows:
Motion: Amend motion to include approval of funds for this design project will be contingent on Selva
Marina Country Club (SMCC) providing the following items to COAB within 60 days : 1. SMCC will
provide a written commitment to use COAB reuse water as part of the current or any future
development of Selva Marina Country Club, when such reuse water is available; 2. SMCC/ Atlantic
Beach Partners will provide a letter fully supporting annexation of the entire property into Atlantic
Beach; 3. SMCC will agree to have a written agreement for a Conservation Easement/Deed Restriction
on the 18-hole golf course as part of development and prior to the start of construction of a reuse water
facility.
Moved by Daugherty, Seconded by Woods
Commissioner Beckenbach asked the City Attorney if this was legal. Mr. Jensen stated yes it is acceptable
from a legal standpoint but what they are doing is withholding any funds until those documents are received.
It is making approval of the $151,000 contingent on these items, so Collins can't start. Mr. Hanson stated
when it was discussed with John Meserve the understanding they had was that they would start the design
immediately and they would have 60 days to get this paperwork in place, not that they had to have it before
the design started. He stated if it was not in place within 60 days, then the design would stop at that point.
Commissioner Daugherty stated that is the intent and he was under the assumption this was forwarded to
Alan Jensen. Mr. Hanson stated an earlier version was sent to him before but not this latest version. Mr.
Jensen asked what they want to accomplish. Commissioner Daugherty stated they will proceed with the
design contingent on them doing this, but if they do not do this within the timeframe we will cease the
project. Mr. Hanson stated they would have to issue a stop order and then we would be liable for the cost up
to that time. Discussion ensued and the amended motion was revised.
Motion: Amend motion to include approval of funds for this design project after 60 days will be
contingent on Selva Marina Country Club (SMCC) providing the following items to COAB: 1. SMCC
will provide a written commitment to use COAB reuse water as part of the current or any future
May 13,2013 REGULAR COMMISSION MEETING Page 6
development of Selva Marina Country Club, when such reuse water is available; 2. SMCC/ Atlantic
Beach Partners will provide a letter fully supporting annexation of the entire property into Atlantic
Beach; 3. SMCC will agree to have a written agreement for a Conservation Easement/Deed Restriction
on the 18-hole golf course as part of development and prior to the start of construction of a reuse water
facility.
Moved by Woods, Seconded by Daugherty
Votes:
Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
Commissioner Beckenbach, referring to the meeting Commissioner Daugherty and Mr. Hanson had with John
Meserve, asked how is John Meserve affiliated with Selva Marina. Mr. Hanson stated he believes he is acting
as their executive director. He stated there is a board member in the audience if he wants to ask him that
question. Commissioner Beckenbach asked if he has the ability to ok these items. Mr. Hanson stated he has
the ability to talk to the board members.
Laura Ferrante, representative of SMCC Board, stated John Meserve is the acting executive director. She
further stated the Board met on Friday and came to this agreement in principle. She stated, hopefully, within
60 days they will be able to get the documentation the City requires.
Mayor Borno then called for a vote on the proposed amendment with the first paragraph changed with items
1, 2, and 3 submitted in writing.
Votes:
Aye: 5—Borno,Beckenbach, Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
Mayor Borno called for a vote on the original motion as amended.
Votes:
Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
6. Action on Resolutions
A. RESOLUTION NO. 13-06
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING THE CITY OF
ATLANTIC BEACH STRATEGIC PLAN DATED APRIL 2013.
Mayor Borno read Resolution No. 13-06 by title.
Motion: Approve Resolution No. 13-06 as read.
Moved by Woods, Seconded by Borno
May 13,2013 REGULAR COMMISSION MEETING Page 7
Mr. Hanson explained the changes have incorporated all of the Commission's comments.
Commissioner Daugherty stated one of the items in the Strategic Plan is to go paperless and showed a slide of
the agenda packets being put together which he believes is a waste of resources. He stated going paperless is a
very simple thing to do.
Votes:
Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
7. Action on Ordinances
A. ORDINANCE NO.20-13-122,Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013,
AND PROVIDING AN EFFECTIVE DATE
Mayor Borno read Ordinance No. 20-13-122 by title.
Motion: Approve Ordinance No.20-13-122 as read.
Moved by Beckenbach,Seconded by Woods
Mayor Borno explained the amendment to the budget is to add costs for videotaping of Commission meetings in
the amount of$35,675.
Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing.
Commissioner Mark asked to amend the motion to reflect in lieu of the $31,000 in capital outlay to change it to
$6,000 for a single camera system and the contract services to $2,100 for a total of$8,100.
Motion: Amend to change the $31,000 in capital outlay to $6,000 for a single camera system and the
contract services to$2,100 for a total of$8,100.
Moved by Mark, Seconded by Beckenbach
Discussion ensued. City Attorney Jensen stated if changing from a multiple camera system to a single camera
system and going from $35,000 to $8,100 is determined by the Commission to be a substantial change of an
ordinance on second reading they will have to start over. After further discussion, it was determined these were
substantial changes. Commissioner Mark withdrew her amended motion; Commissioner Beckenbach withdrew
his second.
Motion: Amend to revise Ordinance reflecting $6,000 for a single camera system and maintenance of
$2,100 for a total of$8,100 and bring back for first reading.
Moved by Woods, seconded by Beckenbach
May 13,2013 REGULAR COMMISSION MEETING Page 8
Votes:
Aye: 5—Beckenbach,Daugherty,Mark,Woods,Borno
Nay: 0
MOTION CARRIED
B. ORDINANCE NO. 20-13-123,Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING
SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 20-13-123 by title.
Motion: Approve Ordinance No. 20-13-123 as read.
Moved by Mark, Seconded by Beckenbach
Mr. Hanson explained the changes to the Ordinance, stating two items were added since the
workshop. He stated one item was for the contribution to the fireworks and the other is for the
acquisition of a foreclosed house, which is explained in his staff report.
Motion: Amend to change"donate" to "contribute" in Item 9.
Moved by Borno, Seconded by Daugherty
Votes:
Aye: 5—Borno,Beckenbach, Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
Discussion ensued related to disposing of an acquired property.
Mayor Borno called for a vote on the amended motion.
Votes:
Aye: 5—Borno,Beckenbach, Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
C. ORDINANCE NO. 58-13-35, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, ESTABLISHING CHAPTER 2,
ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 5, CITY OF ATLANTIC
BEACH DEFINED CONTRIBUTION PLAN, SECTIONS 2-320 THROUGH 2-330, PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 58-13-35 by title.
Motion: Approve Ordinance No. 58-13-35 as read.
Moved by Woods, Seconded by Mark
Mayor Borno explained this Ordinance is adding a Defined Contribution Plan for City employees.
May 13,2013 REGULAR COMMISSION MEETING Page 9
Votes:
Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
D. ORDINANCE NO. 58-13-36,Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING AND RESTATING
CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE
OFFICERS' RETIREMENT SYSTEM, SECTIONS 2-300 THROUGH 2-310.29, INCLUSIVE, OF THE
CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, BY RESTATING THE CITY OF
ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 58-13-36 by title.
Motion: Approve Ordinance No. 58-13-36 as read.
Moved by Woods, Seconded by Mark
Mayor Borno explained this Ordinance is amending the Police Pension Plan to provide for lower benefits for
officers yet to be hired, increasing employee contributions and updating provisions to meet current State and
Federal rules.
Votes:
Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
E. ORDINANCE NO. 58-13-37,Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDNG AND RESTATING
CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL
EMPLOYEES' RETIREMENT SYSTEM, SECTIONS 2-261 THROUGH 2-299, INCLUSIVE, OF THE
CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, BY RESTATING THE CITY OF
ATLANTIC BEACH GENERAL EMPLOYEES' RETIREMENT SYSTEM; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 58-13-37 by title.
Motion: Approve Ordinance No. 58-13-37 as read.
Moved by Woods,Seconded by Mark
Mayor Borno explained this Ordinance is amending the General Employees Pension Plan to close the plan to
new participants, increasing employee contributions and updating provisions to meet current State and Federal
rules.
May 13,2013 REGULAR COMMISSION MEETING Page 10
Votes:
Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
A. FY 2012-2013 Resurfacing Project.
Mr. Hanson summarized the project as discussed at the workshop.
Motion: Authorize City Manager to approve Purchase Orders up to the budget amount as
recommended by staff.
Moved by Woods, Seconded by Mark
Votes:
Aye: 5—Borno, Beckenbach, Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
B. Annual Water Quality Report.
There was no discussion on this item. Item was previously discussed at the workshop.
C. Recommendations on amendments to Animal Control Ordinance.
Chief Classey gave a summary of the amendments recommended at the workshop which have been
incorporated in the Ordinance.
Motion: Introduce the proposed revisions to Chapters 4 and 2, Section 2-146 and 2-146.1 for First
Reading.
Moved by Woods, Seconded by Beckenbach
Commissioner Woods asked that they amend the motion to add a number 6 under 2-146.1(d) stating that the
magistrate would be able to consider the ability of somebody to pay the cost. Discussion ensued.
Motion: Amend to add a number 6 under 2-146.1(d) stating that the magistrate would be able to
consider the ability of somebody to pay the cost.
Moved by Woods, Seconded by Daugherty
City Attorney Jensen stated he has some concern about the special magistrate questioning someone about
their finances. He stated he doesn't know the technical legal answer to that but it greatly raises concerns.
Commissioner Woods asked him to look into that and if Mr. Jensen thinks it is appropriate it can be add it
and if not leave it off Discussion ensued. Mr. Jensen stated he will look into this further and will determine
whether they need to amend it. (The amended motion was neither withdrawn nor voted on.)
Commissioner Daugherty stated he believes the fine for the "first offense" is too high. Discussion ensued.
May 13,2013 REGULAR COMMISSION MEETING Page 11
Votes:
Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
D. Draft Ordinance for Taxi Cabs.
Motion: Direct staff to draft an Ordinance for the taxi cabs and introduce the proposed ordinance for
first reading.
Moved by Beckenbach, Seconded by Mark
Votes:
Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
E. Final design contract approval for East Coast stormwater improvements.
Motion: Approve the Scope of Services and Fee Proposal for Engineering Design of Stormwater
Improvements for East Coast Drive and authorize the City Manager to sign the contract with Edwards
Engineering.
Moved by Beckenbach, Seconded by Mark
Votes:
Aye: 5—Borno,Beckenbach,Daugherty, Mark,Woods
Nay: 0
MOTION CARRIED
F. Approval of contract for providing dog training lessons.
Motion: Authorize the City Manager to sign the attached contract with Ronald White aka Northern
Pro Dog Trainers.
Moved by Mark, Seconded by Daugherty
Mr. Hanson stated he distributed a revised contract incorporating the language the Commission mentioned at
the workshop, stating the times, dates and locations must be approved by the Recreation Director.
Votes:
Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
G. Presentation of scope for Police Building review.
Motion: Defer indefinitely.
Moved by Borno, Seconded by Mark
May 13,2013 REGULAR COMMISSION MEETING Page 12
Commissioner Woods stated they have been working on this for a long time and she believes either it is
important enough for them to move forward with or if not they need to release the funds that have been set
aside for this project. She stated there are a lot of other things in the City that need doing.
City Manager Hanson explained the reasons for his recommending this be deferred were due to time
constraints on staff at this time. He stated an appropriate time to discuss the funds is at the budget
workshops. Discussion ensued.
Commissioner Mark called the question, Commissioner Beckenbach seconded.
Mayor Borno asked for a vote on the question being called.
Votes:
Aye: 5—Borno,Beckenbach,Daugherty, Mark,Woods
Nay: 0
MOTION CARRIED
Mayor Borno called for a vote on the motion to defer.
Votes:
Aye: 5—Borno,Beckenbach, Daugherty, Mark,Woods
Nay: 0
MOTION CARRIED
H. Holding Community Meetings.
Commissioner Daugherty proposed that the Commission adopt a policy of holding regular town hall style
meetings with the citizenry on a quarterly basis in order to maintain an open relationship with the community
and foster a relationship of open dialogue between the commission and the citizens of Atlantic Beach.
He proposed that the meetings would be held on the last Saturday morning of each month at the beginning of
each quarter. He stated those months are January, April, July, and October, explaining why he chose those
months.
Motion: Direct staff to bring back in resolution form.
Moved by Daugherty, Seconded by Woods
Votes:
Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
I. Contribution of$5,000 to COJB for fireworks for 7/4/13.
This item was discussed during the budget amendment.
J. Pay raise of 1% for City Manager and City Clerk.
May 13,2013 REGULAR COMMISSION MEETING Page 13
Mayor Borno explained, as discussed at the workshop, the City Manager stated he did not want to be
considered for this raise.
Motion: Approve raising the salary of the City Clerk by 1% effective 10/1/12, when other non-union
employees received their raises.
Moved by Borno,Seconded by Woods
Mr. Hanson explained his reason for not requesting a raise was because the purpose of the raise as discussed
by the Commission was to offset the 1% increase the General Employees and Police Officers were going to
see in additional pension contributions to the Defined Benefit plans. He stated he is not a participant in the
DB plan and consequently it doesn't make sense for him to get that raise. He stated also as a result of the
difficult Union negotiations we had last year, he served as the chief negotiator on behalf of the City, which he
does not normally do, and he does not want anyone to think he is profiting in any way from having been that
closely involved in all the details relating to this. He stated he does support the City Clerk getting a raise as
she is in the Defined Benefit plan and if she doesn't get that raise then she would, in effect, have her salary
cut by 1%because her contribution to the DB plan will go up.
Votes:
Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
K. Selva Marina Reclaimed Facilities Engineering, Phase I RFP 07-04.
This item was taken out of sequence and acted on earlier in the meeting.
9. City Manager
A. City Manager's Report.
City Manager Hanson reported the budget workshop meetings will be held on August 1, 6, 15, and 22 in the
Chamber at 5:00 pm.
Mr. Hanson reported he waived the fees of$376.75 for park usage, as has been done in the past, for Gospel in
the Park, which is Saturday, May 18.
He reported that the Blue Collar Union had a ratification vote on April 23 and they voted not to approve the
contract but it does not alter the Commission's decision in the impasse hearing. He stated it was a formality
under Florida Labor Law that the Union has an impasse vote.
He further reported there will be an ICMA webinar entitled "Council Meetings: How to be Efficient and
Effective" scheduled in the Chamber on June 6 from 1:00 — 2:30 p.m. and encouraged the Commission to
attend.
He explained the City was awarded a DEP grant to build the first phase of the PED path starting in Tideviews
Park. He stated the total project cost is estimated at $40,000, which includes staff time, and the grant is for
50% or $20,000. He stated they need to get signed off on this by June 7, so to get approval from the
Commission in time they will need to have a special meeting before the workshop on May 28.
May 13,2013 REGULAR COMMISSION MEETING Page 14
Mr. Hanson reported the City has hired a Redevelopment and Zoning Coordinator, Jeremy Hubsch, to fill the
new job created by combining the position formerly held by Sonya Doerr, the Community Development
Director, and the position formerly held by Dale Hatfield, working on the Mayport Corridor. He stated he
will start this Friday and will be mostly responsible for the Mayport redevelopment efforts.
He reminded everyone the annual Employee Picnic is this Friday and invited all of the Commissioners to
attend. City Clerk Bartle stated the picnic starts at 11:00 and goes to 3:00.
10. Reports and/or requests from City Commissioners and City Attorney
A. Update on Golf Course.
This item was taken out of sequence and acted on earlier in the meeting.
City Clerk Bartle
• Thanked the Commission for the pay increase.
Commissioner Daugherty
• Reported there is a Board Member Review Committee meeting on Wednesday and there is an opening
on the Cultural Arts and Recreation Committee and asked if anyone knows someone who might be
interested that they send them an application very quickly.
• Encouraged the Commission to consider in the budget getting the City Clerk a portable system for
recording meetings.
• Stated the problem with the Police Building has not gone away and believes they would be remiss to
release the funds.
Commissioner Woods
• Stated she was happy to hear we have a new Community Development Director and hopes he can
look at the Local Economic Growth Umbrella Program she has been talking about.
• Reported on the drainage projects on Poinsettia and the Jordan Park area she has been discussing with
the City Manager. She explained the City Manager stated they should get consensus from these areas
to proceed and she suggested they contact the homeowners in the affected areas to let them know the
projects are being considered to get them onboard before they go to the budget process. Discussion
ensued. Mr. Carper stated the two projects in his budget request are Saltair/Magnolia/Pine and the
southern end of Seminole Road. He stated there is no stormwater master plan project for the Jordan
area. Further discussion ensued.
• Discussed a call she received from an upset citizen, who is building a house in Atlantic Beach, related
to an issue that was holding up their Certificate of Occupancy due to the handprints his children made
in the sidewalk cement. She stated she believes it was overkill that because this family's children had
put their handprints in the sidewalk they were being denied their occupancy until they removed it and
replaced the sidewalk. Discussion ensued with Mr. Hanson stating the City's policy is that we don't
accept sidewalks unless they are clean. Commissioner Woods stated she is not expecting to solve this
problem tonight, but was just bringing it up because that was a huge consequence to have a Certificate
of Occupancy held up for something that most people would think is rather cute. She stated the
neighbors looked at it and didn't have a problem with it and it was not affecting anybody's use of the
sidewalk; was not graffiti, was not negative; it was very positive; it's part of being in a small
community. Mr. Carper further explained what transpired, stating you can say the handprints are cute
May 13,2013 REGULAR COMMISSION MEETING Page 15
but he still has a standard he has to meet. Commissioner Woods asked if this is policy or written in
our Code, stating she would get with him later about it.
Commissioner Mark
• Reported on the Advanced Institute for Elected Officials presented by the Florida League of Cities
that she attended. She stated one of the subjects they covered was How to be an Effective Council
Member and at the next workshop she would like to have the Commissioners complete an evaluation
of their decision-making style.
• Reminded everyone of the Community Redevelopment Workshop on June 12 at 9:30 at City Hall in
Jacksonville.
• Announced that Friday was the unveiling of the East Coast Greenway designation of Al A. She stated
the Greenway runs from Maine to Key West and the ferry is part of that.
• Stated Beaches Watch Candidate Forum will be held August 15.
• Reported she was accepted into the Leadership Jacksonville Class of 2014.
• Will not be able to attend the employee picnic due to an all day conference.
Mayor Borno
• Believes they need to discuss at the next workshop the basic format for how the meetings will be run.
• Reminded everyone that the NEFLC dinner meeting is this Thursday, May 16 at Casa Marina at 6:00
p.m. He stated it is traditional that the elected officials contribute door prize donations. He stated if
they have any items give them to Yvonne Calverley. Commissioner Woods stated she will be at
Mayport Middle School that evening and will not be able to attend.
Adjournment
There being no further business to come before the Commission, the Mayor declared the meeting adjourned
at 9:05 p.m.
Mike Borno
ATTEST: Mayor/Presiding Officer
Donna L. Bartle, CMC
City Clerk
ATTACIIMENT A
Proposal to Supply Reuse Wastewater to
Selva Country Club
May 6, 2013
A. Reasons for Atlantic Beach to provide reuse wastewater for irrigation to Selva
Country Club.
1. Maintains greenspace for the future. In exchange for building the reuse system, the
City will receive a conservation easement that protects the golf course from
additional development after the proposed subdivision is built. The golf course
property will remain as greenspace, even if it is no longer economically viable to
operate as a private club.
2. Traffic impacts will be limited. Traffic impacts of possible future development on
Selva Marina Dr. and other neighboring streets will be limited to only that created by
the new, 180 unit residential subdivision and ongoing golf course operations.
3. Prey values will be maintained. This golf course project will maintain existing
property values by keeping greenspace frontage to owners in several adjoining
subdivisions.
4. Atlantic Beach Tax diciest will increase. Annexation will be pursued and property
values resulting from the new 180 unit residential development will increase tax
revenues for Atlantic Beach by hundreds of thousands of dollars each year.
5. Environment will be improved. Positive impact on the environment will be achieved
by diverting wastewater discharge from the St. Johns River to irrigation.
6, Reuse system will be started. Building a reuse system now to serve the golf course
and new subdivision would provide the "backbone" of a system that can be
expanded, where economically feasible, in the future. Environmental regulations for
wastewater treatment and discharge have become progressively more stringent over
many years and the likelihood is high that having this system will benefit the City in
compliance with future regulations.
B. Adverse Impacts of not providing reuse for irrigation
1. The cost in the future to begin a reuse system will be much more. If built now, a
substantial share of the upfront cost will be paid by the developer by putting in
"purple pipe" in the new subdivision. Also, the cost to install the system after this
subdivision is developed would be much greater.
2. Failure to build a reuse system when this opportunity has been presented would be
clearly viewed by environmental regulators and others as a sign of unwillingness by
Atlantic Beach's to shoulder its share of the responsibility for conserving our limited
water supply in Florida.
MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION
HELD IN THE COMMISSION CHAMBER ON APRIL 22,2013 AT 6:30 PM
City Commission Members present:
Mike Borno, Mayor
Maria Mark, Mayor Pro Tem
Mark Beckenbach, Commissioner
Jonathan Daugherty, Commissioner
Carolyn Woods, Commissioner
Staff present:
Jim Hanson, City Manager
Rick Carper, Public Works Director
Mike Classey, Police Chief
Sue Danhauser, Human Resources Director
Timmy Johnson, Recreation and Special Events Director
Donna Kaluzniak, Utility Director
Nelson Van Liere, Finance Director
Donna Bartle, City Clerk
Nancy Bailey,Recording Secretary
The meeting, which was held for the purpose of discussing the agenda items for the Commission
Meeting of May 13, 2013, was called to order at 6:30 p.m. by Mayor Borno. Mayor Borno explained
the agenda for the workshop.
Mayor Borno introduced Scott Christiansen with Christiansen & Dehner, stating, as a courtesy to Mr.
Christiansen, he would have him present his agenda items first since he had a long drive after the
meeting to be somewhere early in the morning. He stated he would be addressing items 7D and 7E. Mr.
Christiansen explained the background of his firm, stating they do almost nothing but governmental
pension plans. He gave a presentation on the Police and General Employees' Pension Plans, stating they
reviewed the current ordinances and suggested they rewrite entirely new plans. He further explained the
changes to each plan. He answered questions from the Commission and City Manager. He further
encouraged anyone who has any questions after the first reading of the ordinance to call him.
1. Discussion of Action Items on Commission Meeting Agenda for May 13, 2013:
A. Minutes
There was no discussion on this item.
B. Consent Items
Consent Item 4A- Mr. Van Liere, Mr. Hanson and Ms. Kaluzniak answered several questions from the
Commissioners related to the Utility Sales Report.
Consent Item 4B - Ron Whitesides, Purvis Gray & Company, Audit Partner in charge of the City's
outside independent auditors, presented the summary of the results of the annual audit report for
September 30, 2012 stating they issued an unqualified opinion, which means it was a clean report
without qualification which is the highest opinion they can render. He stated, in addition to the financial
audit, they also look at the City's internal controls and how they spend restricted funds and comply with
their grants and debt agreements. He stated he was pleased to report they had no findings in those areas
so it is a clean opinion and a clean report on compliance and internal controls, which is excellent. He
further explained the major changes in revenues and expenditures; the restricted and unrestricted net
assets; and the pension liability, rate of return and valuation. He answered several questions from the
Minutes—City Commission Workshop April 22,2013
Page 2
Commission. He further stated the Finance Department continues to do an excellent job in spite of
losing a long-term employee this year. He stated she was replaced by a new person who is having to be
trained and they are having to juggle some responsibilities. He stated, during the audit, they were
especially cognizant of looking at changes in control processes because of that, but found they are doing
a very good job.
Consent Item 4C - Finance Director Nelson Van Liere summarized the actuary reports and impact
statements for the Police and General Employees Retirement System, which he distributed to the
Commission. He and Mr. Hanson answered questions from the Commission.
C. Resolutions
Resolution No. 13-06 - Mr. Hanson asked if the Commission had any other comments on the Strategic
Plan. Discussion ensued regarding including dollar costs when available and breaking down the Parks
Planning and Tree Ordinance category and rescoring them as two separate items. City Attorney Jensen
stated as these were originally scored in workshops and no decision has been made to adopt it yet he saw
no problem with rescoring the items. The Commission rescored the two items with Parks Planning
receiving a score of 22 and Tree Ordinance receiving a 20. Further discussion ensued regarding
purchasing additional marsh front property as it becomes available and combining Identifying City
Boundaries into the Mayport Road Corridor category. Mr. Hanson stated he will incorporate the
comments and bring them back to the next meeting.
D. Ordinances
Ordinance 20-13-122 - Mr. Hanson summarized the issues related to bringing the hosting and editing in-
house. Discussion ensued related to the cost and single vs. multi-camera system.
Ordinance 20-13-123 - Mr. Van Liere summarized the Ordinance explaining the budget amendments are
for the funding needs pertaining to the recent union negotiations.
Ordinance 58-13-35 - Human Resources Director Sue Danhauser summarized the Ordinance explaining
it is for the purpose of setting up one part of the Defined Contribution Plan, the 401 Profit Sharing Plan.
She stated she will distribute the adoption agreement as soon as it is available.
E. Miscellaneous Business
8A. Public Works Director Rick Carper summarized his staff report on the FY 2012-2013
Resurfacing Project stating staff proposes to piggyback on the existing St. Johns County Annual
Asphalt Maintenance Services contract. He answered questions from the Commission.
8B. Utility Director Donna Kaluzniak summarized her staff report on the annual Water Quality
Report stating DEP requires every customer be given a copy of the report by July 1 of each year.
She stated this year DEP is allowing electronic delivery so, instead of putting it in the utility
bills, there will be a note on the utility bills with a link to the report as well as a number to give
customers the ability to request the report by mail if they want a hard copy. She further stated
DEP requires it be added to the website with a direct link to the report. She answered questions
from the Commission.
Minutes—City Commission Workshop April 22, 2013
Page 3
8C. Chief Mike Classey reported on the proposed updates/changes to the Animal Control Ordinance.
It was recommended by the Commission that they change the proposed impound fee increase
from $20 to $25. He answered several questions from the Commission. He further stated staff
recommends having a Special Magistrate preside over Dangerous Dog cases rather than the Code
Enforcement Board. Discussion ensued. City Attorney Jensen stated when there are hearings in
front of the Code Enforcement Board people are assessed the cost of the proceedings and he does
not know if the City may also be able to assess the cost of the Special Magistrate but he will look
into that.
8D. Chief Classey summarized his staff report related to the proposed ordinance for regulating taxi
cabs operating within the City.
8E. Rick Carper summarized his staff report regarding Engineering Design of Stormwater
Improvements for East Coast Drive stating this is to accept the scope and fees from Edwards
Engineering for the stormwater improvements for East Coast Drive. He answered questions
from the Commission.
8F. Recreation and Special Events Director Timmy Johnson summarized his staff report stating this
is to assist with the dangerous dog issue. He stated staff is requesting to enter into a contract
with a dog trainer. He stated after contacting several dog trainers, Ronald White, who is up to
speed with what is going on in Atlantic Beach, has agreed to enter into a contract with the City to
give classes throughout the City for training dogs. After further discussion, it was recommended
that staff add a provision in the contract that the Recreation Director shall approve the locations
of the training.
8G. Mr. Hanson recommended this item (Police Building) be deferred indefinitely or at least until
after the budget workshops due to time constraints on staff at this time. Discussion ensued. The
Commission agreed to consider a deferment at the May 13 meeting.
8H. Commissioner Daugherty asked for input from the Commission on scheduling future community
meetings. Discussion ensued. Commissioner Daugherty stated he would put a written proposal
together for their consideration on May 13. Mayor Borno stated he could make a request at the
next meeting that it be considered for an action item at the June meeting.
8I. Mayor Borno stated he will be making a request that they amend the budget amendment under
Agenda Item 7B and consider the contribution request of $5,000 toward the Fireworks. Mr.
Hanson added that if they do it as a new budget amendment it could not be done before July 4 so
it will need to be added to an existing budget amendment.
8J. Mr. Hanson reported on the pay raise for City Manager/City Clerk stating, although he
appreciates them recommending both of them for a pay raise, he would request that he not be
considered for the pay raise since it was to offset the 1% increase in the cost to employees for the
pension plan and he is not in the pension plan. Secondly, with the year being a very difficult
time for the employees and the very serious changes to negotiate, as the chief negotiator for the
City, he believes it would look very bad if he came out ahead. He stated he does believe the City
Clerk needs a raise because she is in the defined benefit plan and if she does not get the same 1%
Minutes—City Commission Workshop April 22, 2013
Page 4
raise everybody else gets, when this goes into effect, she will lose 1% of her pay. Mayor Borno
stated they will take that into consideration when they take action on this.
Commissioner Mark gave an update on the meeting with the developers of Selva Marina and their
attorney. She further stated she, Jim Hanson and Alan Jensen also have a meeting with Mark Hudson of
North Florida Land Trust to discuss drafting a conservation easement. Donna Kaluzniak reported on the
irrigation issue and the proposed solutions, stating the golf course is going to need water by January.
She stated her request to the Commission is to authorize the design and engineering services for that
project. She distributed a cost proposal and timeline to the Commission. Ms. Kaluzniak and Mr.
Hanson answered questions from the Commission. Discussion ensued. Mr. Kaluzniak explained she is
applying for a 40% cost share grant through the Water Management District but there is a lot of
competition and she does not know if we will get it. Mr. Hanson asked for permission to put the
irrigation item on the May 13 meeting agenda due to the time constraint issues. Further discussion
ensued and it was the consensus to add the item to the agenda of May 13.
2. Discussion of Non-Action Items on Commission Meeting Agenda for May 13,2013:
A. Proclamations
There was no discussion on this item.
B. City Manager's Follow-up Report/City Manager's Report
There was no discussion on this item.
3. Public Input
Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained
the process for public comments.
Bill Mayhew, 1870 N. Sherry Drive, addressed the cost of special magistrate stating they should not
create a system where the poor people can't fight it but the rich people can; stated he doesn't understand
why the City is getting involved in dog training; and asked why the City needs to put water on the golf
course. He also stated he was very disappointed that pension plans did not even make the final cut on
the strategic planning items and further spoke against the defined benefit pension plan.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors.
City Clerk Donna Bartle reported there were errors in Section number references that were discovered
after they adopted the Flood Plain Ordinance and City Attorney Jensen had determined they are
scrivener's errors and no further action is needed. She stated Mr. Jensen suggested she advise the
Commission of the errors and that they intend to make the corrections to the Ordinance and have the
Mayor sign it.
Minutes—City Commission Workshop April 22, 2013
Page 5
There being no further discussion by the City Commission, Mayor Borno declared the meeting
adjourned at 10:17 p.m.
Mike Borno
Mayor
Donna L. Bartle, CMC
City Clerk
AGENDA ITEM#3A
JUNE 10,2013
June 3, 2013
MEMORANDUM
TO: The Honorable Mayor and Members of the City Commission
FROM: Jim Hans Aft,
City Manager
SUBJECT: Follow-up eport
Procedure for Calling Special Meetings for Second Reading of Ordinances; At the workshop
on May 28th, the City Commission discussed the possibility of setting special meetings at future
workshops to have the second readings of ordinances that are time sensitive. While no action was
taken at the workshop,the consensus appeared to be that the Commission could discuss the time
sensitive nature of any particular ordinance at the time of its first reading and, if sensitive, agree
to call for a special meeting at the next workshop rather than wait for the next regular commission
meeting.
The process discussed by the Commission for zoning changes conflicts with current provisions in
the City Code and, in some cases, with State law. The City Code requires that notices be mailed
to adjoining property owners at least 30 days prior to each public hearing and that posted notices
be put up at least 14 days prior to each hearing. These provisions were adopted by the current
Commission before the more recent change in the schedule for regular City Commission
meetings. The intent in extending the length for the zoning notices was to give the public more
time to react to zoning changes and the intent in changing the meeting schedule was to give the
public more time to react for all City Commission decisions.
A question that the City Commission should consider is whether or not the City Code should be
changed now that the longer meeting schedule already provides for the additional time needed by
citizens.
State law also requires additional time for public notice for zoning changes that are initiated by
the municipality or that are changes to the zoning code itself However, most zoning actions that
come to the City Commission for approval are changes to the zoning designation for particular
pieces of property that are initiated by the property owner(like the Selva Marina Country Club
rezoning). See the attached e-mail from Erika Hall dated May 31, 2013 with more information on
the City Code provisions and state law.
Commission Chamber Air Conditioners; At the last workshop on May 28th, complaints were
received about the lack of air conditioning in the meeting room. It has since been discovered that
there was an underground coolant leak to one of the units. It is being repaired at the time of the
writing of this report.
AGENDA ITEM#3A
JUNE 10,2013
Hanson, Jim
From: Hall, Erika
Sent: Friday, May 31, 2013 2:47 PM
To: Hanson, Jim
Cc: Griffin, Michael
Subject: notice requirements for zoning changes
Mr. Hanson,
Below are tables summarizing the notice requirements for adoption of ordinances changing the zoning map designations
and/or list of permitted, conditional or prohibited uses within a zoning category,as required by Florida Statutes (Table 1)
and Atlantic Beach Code (Table 2).
PUBLIC HEARING ORDINANCES CHANGING ORDINANCES CHANGING ORDINANCES CHANGING LIST
NOTICES FOR ZONING ZONING MAP DESIGNATION, ZONING MAP DESIGNATION, OF PERMITTED,CONDITIONAL
CHANGES INITIATED BY OTHER THAN INITIATED BY THE OR PROHIBITED USES WITHIN
THE MUNICIPALITY MUNICIPALITY A ZONING CATEGORY
PER FLORIDA STATUTES
PUBLISHED NOTICE ONE(1)TIME—10 DAYS PRIOR IF 10+ACRES...TWO(2) TWO(2)TIMES...7 DAYS PRIOR
REQUIRED TO ADOPTION [§166.041(3)(a), TIMES...7 DAYS PRIOR TO FIRST TO FIRST PH AND 5 DAYS PRIOR
(c),FS] PH AND 5 DAYS PRIOR TO TO SECOND PH;SECOND PH
SECOND PH;SECOND PH MUST MUST BE AT LEAST 10 DAYS
BE AT LEAST 10 DAYS AFTER AFTER FIRST PH
FIRST PH [§166.041(3)(c)2.a, [§166.041(3)(c)2.a, FS]
FS]
MAILED NOTICES TO AFFECTED
MAILED NOTICES TO AFFECTED PARTIES MAY BE SENT IN LIEU
PARTIES MAY BE SENT IN LIEU OF PUBLISHED NOTICES
OF PUBLISHED NOTICES [§166.041(3)(c)2.c, FS]
[§166.041(3)(c)2.c, FS]
MAILED NOTICE REQUIRED NOT REQUIRED IF<10 ACRES...AFFECTED NOT REQUIRED
PARTIES—30 DAYS PRIOR TO
PH/ADOPTION
[§166.041(3)(c)1, FS]
POSTED NOTICE REQUIRED NOT REQUIRED NOT REQUIRED NOT REQUIRED
PUBLIC HEARING ORDINANCES CHANGING ORDINANCES CHANGING ORDINANCES CHANGING
NOTICES FOR ZONING ZONING MAP DESIGNATION, ZONING MAP DESIGNATION, LIST OF PERMITTED,
CHANGES INITIATED BY OTHER THAN INITIATED BY THE CONDITIONAL OR PROHIBITED
THE MUNICIPALITY MUNICIPALITY USES WITHIN A ZONING
PER AB CODE CATEGORY
PUBLISHED NOTICE REQUIRED AT LEAST 10 DAYS PRIOR TO AT LEAST 10 DAYS PRIOR TO AT LEAST 10 DAYS PRIOR TO
EACH PUBLIC HEARING EACH PUBLIC HEARING EACH PUBLIC HEARING
[SECTION 24-51(b)(1)a] [SECTION 24-51(b)(1)] [SECTION 24-51(b)(1)]
MAILED NOTICE REQUIRED AT LEAST 30 DAYS PRIOR TO AT LEAST 30 DAYS PRIOR TO AT LEAST 30 DAYS PRIOR TO
EACH PUBLIC HEARING EACH PUBLIC HEARING EACH PUBLIC HEARING
[SECTION 24-51(b)(1)b] [SECTION 24-51(b)(1)bJ [SECTION 24-51(b)(1)bJ
POSTED NOTICE REQUIRED AT LEAST 14 DAYS PRIOR TO AT LEAST 14 DAYS PRIOR TO AT LEAST 14 DAYS PRIOR TO
EACH PUBLIC HEARING EACH PUBLIC HEARING EACH PUBLIC HEARING
[SECTION 24-51(b)(1)c] [SECTION 24-51(b)(1)c] [SECTION 24-51(b)(1)c]
1
AGENDA ITEM#4A
JUNE 10,2013
Atlantic Beach
Police Department
1st Quarter 2013
Highlights
The first pedestrian and bicyclist safety campaign came to fruition from February 28-
March 10th; when the "Yield to Life; Look ALL-Ways" campaign rolled out and focused
on four intersections along Atlantic Boulevard (Sherry, Seminole, Sailfish and Royal
Palm). The campaign raised a lot of awareness and was highly visible not only in
Atlantic Beach but also on media outlets throughout Jacksonville. Over 250 T-shirts
were given out while speaking with bicyclists and pedestrians traveling in the area; as
well as over 7,000 educational brochures distributed to local residents and patrons of
Atlantic Beach businesses.
We continue to have one full time officer dedicated to the COPS (Community Oriented
Policing)program. This officer spends much of his time interacting with citizens within
the community, building positive relationships. He does daily patrols on a bicycle to
allow more citizen interaction. He also visits the community centers and city parks on a
daily basis, as well as contacts local transients and people in need to offer resources.
The Atlantic Beach Police Department continues to have an exceptional emergency
response time. The average emergency response time for January through March 2013
from the time the first call is received to the first officer on scene is 3 minutes 8 seconds.
Crime
The state wide annual Part I crime statistics (Murder, Rape, Robbery, Aggravated
Assault, Burglary, Larceny and Auto Theft) for 2012 have just been published. The
Atlantic Beach Police Department continues to have an extremely low per capita(1,000
residents) crime rate. All the municipalities in Duval County, as did the state,
experienced a decrease in Part I crimes. However, Atlantic Beach experienced the largest
decrease in part one crimes in 2012 compared to 2011(down 22.4%).
Location AB NB JB JSO Florida
Per Capita 28.86 33.18 56.16 48.13 40.70
Crime Rate
annual
2012
2011 37.84 36.23 65.96 50.15 38.06
Percent -22.4 -7.5 -14.0 -3.5 -5.7
change
Atlantic Beach proportionately solved more crimes than our counterparts. The clearance
rate exceeded 30% which was up over 4% from last year.
AGENDA ITEM#4A
JUNE 10,2013
This year crime continues to drop from the lows observed last year. The first quarter Part
I crimes were 17% (69 vs. 83) lower than the same time last year.
Productivity
In the first quarter, there were 5,560 calls for service. Officers made 203 arrests, which
increased slightly from the same time last year (196). The increase represents more
arrests for crimes other than Part I. there were 1,370 traffic citations were issued between
January and March of this year, and 64 traffic accidents were reported. The Animal
Control Division received 379 calls this quarter, issued 44 citations, and impounded 69
animals.
Personnel
Currently the Police Department has no vacancies.
Training
The Department is deeply committed to providing quality training to all its employees. In
the first quarter of 2013, employees have attended training in the following topics:
• Supervisor Liability
• Narrative Reconstruction
• Public Records Management
• Sovereign Citizens 101
• Bulletproof Leadership
• Advanced Tactics for Criminal Patrol
• Less Lethal Instructor
• 2013 Animal Control Association Conference
• Advanced Roadside Impaired Driving Enforcement
Advanced training keeps employees current and on the cutting edge of Public Safety
techniques, trends and strategies. The Department believes a better trained employee
results in the delivery of a higher quality of service. The above list does not include
classes taken by the employees who are enrolled in various college degree programs.
Quarterly Report Atlantic Beach Police Department 1st Quarter 2013
Part I Crimes 1st Quarter 2011 1st Quarter 2012 1st Quarter 2013 2012-2013 Comparison
Murder 0; 0 01 0%
Rape 3 1 0; -100%
Robbery 3 1; 3 1 200%
Aggravated Assault — 16 71 8 14%
Burglary 141 171 12; -29%
Larceny 59 56 43 -23%
Auto Theft 4 1 3 200%
Total 99 83 691 -17%
Calls for Service 6,333 5159 5,560 8%
TOTAL ARRESTS 220 196 203 4%
DUI Arrests 74 65 701 8%
Traffic Citations 1,193 997 1,370 37%
Auto Accidents 50; 60 64 7%
Emergency Response Time Average 2 min 12 sec 1 2 min 44 sec 3 min 8 sec
Stolen Property $174,0001 $ 97,911 $ 56,428 -42%
I
Recovered Property $48,354 $ 11,289 $ 6,797 -40%
Recovery Percentage 28% 12% 12%
Crime Suppression
Felony Arrests 14 4 31 -25%
Misdemeanor Arrests j 10 12 21 -83%
Alcohol Deployment Arrests 2 1 01 -100%
Prostitution Arrests 0 0 0 0%
Animal Control
- -- --- —
Phone Calls 5581 627 379 -40%
Citations _ 65 47 44 -6%
Animal Bites Reported _ _ 4 _ 2 _ _ 2; 0%
Animals Impounded 84 91 69i -24%
FIRE DEPARTMENT
EMS Calls j 194 232 174 -25%
Response Time _ ! 4 min. 36 sec. 4 min 14 sec 4 min 21 sec
Fire Calls _ 311 54.1 23 -57%
Response Time 4 min. 38 sec. 5 min 31 sec 4 min 19 sec z b
° y
N y
O a
W
A
City of Atlantic Beach AGENDA ITEM#4A
FINANCIAL REPORT JUNE 10,2013
March 2013
Cash Balances
Prior Current Dollar Percent
Fund(s) 02/28/13 03/31/13 Change Change
General $7,648,928 $7,561,464 ($87,464) -1.14%
Tree Replacement 6,493 6,493 0 0.00%
Convention Development Tax 57,244 66,718 9,475 16.55%
Local Option Gas Tax 169,506 186,371 16,865 9.95%
Better Jax 1/2 Cent Sales Tax 232,890 256,834 23,945 10.28%
Police Training, Forfeiture, Grants,etc. 169,717 163,913 (5,804) -3.42%
Community Development Block&ARRA Grants 23,875 166,279 142,404 596.46%
Debt Service 34,504 40,487 5,983 17.34%
Capital Projects 2,785,918 2,790,518 4,600 0.17%
Utility 5,252,691 5,672,744 420,053 8.00%
Sanitation 692,784 701,529 8,745 1.26%
Building Code Enforcement 91,471 94,187 2,716 2.97%
Storm Water 1,442,434 1,505,300 62,867 4.36%
Pension-Police 3,134 22,091 18,957 604.95%
Pension-General 233,794 299,470 65,675 28.09%
Total $18,845,382 $19,534,399 $689,017 3.66%
Total Restricted Cash $8,065,268
Total Unrestricted Cash $11,469,131
Cash and Investments
Annual Prior Current Dollar Percent
Account Yield 02/28/13 03/31/13 Change Change
Bank of America- Depository 0.24% $2,973,805 $3,624,861 $651,055 21.89%
Columbia US Government MTG A 1.73% * 1,003,541 1,004,794 1,252 0.12%
Eaton Vance Government Obligations A 1.62% * 1,319,312 0 (1,319,312) -100.00%
Loomis Investment Grade Bond A 2.49% * 1,525,764 1,535,864 10,100 0.66%
Loomis Sayles Limited Gov an Agency 1.14% * 997,666 999,491 1,825 0.18%
Lord Abbett Income A 3.64% * 1,523,619 1,529,862 6,243 0.41%
Delaware Diversified Income Fund 2.26% * 1,693,272 1,698,098 4,826 0.29%
Lord Abbett Short Duration Fund 2.26% * 1,014,982 1,015,939 957 0.09%
Invesco Corporate Bond A 2.49% * 1,886,670 1,890,015 3,344 0.18%
Pioneer Strategic Income A 3.36% * 1,911,581 1,920,176 8,596 0.45%
Legg Mason WA Cash Reserve Fund 0.01% * 1,001,274 1,001,376 102 0.01%
Nuveen Total Return Bond Fund A 4.05% * 1,987,726 1,996,728 9,002 N/A
MFS Bond Fund A 1.99% * 0 1,313,706 1,313,706
MSSB Money Market/Cash 0.00% 2,691 0 (2,691) N/A
SBA-Florida Prime 0.22% * 328 341 12 3.71%
Cash on Hand 0.00% 3,150 3,150 0 0.00%
Subtotal 18,845,382 19,534,399 689,017 3.66%
Police Pension Investments 7,266,401 7,341,658 75,257 1.04%
General Pension Investments 13,041,365 13,086,309 44,944 0.34%
Subtotal 20,307,766 20,427,967 120,201 0.59%
Total $39,153,148 $39,962,366 $809,218 2.07%
* Denotes the 30 day SEC Yield Anualized
City of Atlantic Beach AGENDA ITEM#4A
FINANCIAL REPORT JUNE 10,2013
March 2013
Revenues
Annual YTD - 50% YTD Dollar Percent
Fund /(Footnote) Estimate of Estimate Actual Variance Variance
General (1) $10,994,301 $5,497,151 $7,111,244 $1,614,094 29.36%
Convention Development Tax 70,000 35,000 47,418 12,418 35.48%
Local Option Gas Tax 433,655 216,828 211,862 (4,966) -2.29%
Better Jax 1/2 Ct Sales Tax 657,738 328,869 334,448 5,579 1.70%
Police Training, Forfeiture & Grants, etc. 109,860 54,930 61,618 6,688 12.18%
Grants-(3) 108,866 54,433 216,560 162,127 297.85%
Debt Service 71,900 35,950 35,724 (226) -0.63%
Capital Projects 5,000 2,500 11,652 9,152 366.08%
Utility-(4) 8,610,929 4,305,465 4,177,618 (127,847) -2.97%
Sanitation 1,814,950 907,475 902,498 (4,977) -0.55%
Building Code Enforcement-(5) 282,600 141,300 148,986 7,686 5.44%
Storm Water 1,097,430 548,715 559,687 10,972 2.00%
Pension- Police(2) 1,233,745 616,873 519,268 (97,604) -15.82%
Pension-General(2) 2,174,392 1,087,196 1,062,874 (24,322) -2.24%
Total $27,665,366 $13,832,683 $15,401,456 $1,568,773 1t34%
1
Analysis of Major Variances
(1)The positive variance in the General Fund is mostly a result of having received property
taxes. Those taxes began to arriving in November. The bulk of the receipts came in
December. Also included is the receipt of the donation for the land purchase.
(2)The $97,604 negative variance in the Police Employee Pension Fund & the $24,322
negative variance in the General Employee Pension Fund resulted from changes in
market values of the investments of less than the assumed amount..
(3) Grant revenues are higher than the budget because C.D.B.G. and F.E.M.A. Wind retro-fit
grant proceeds related to last year's grant expenditures were received this year.
(4) Utility sales were well under budget for Year to Date through March for both Water and
Sewer. Base charges are below budget by about 7% and volume sales are below
projections by about 16% in water and 8% in sewer. These are partially off-set by the
receipt of a rebate from electric energy savings from JEA of$142,000.
(5) Building Permit fee revenues are running 6% above projections.
City of Atlantic Beach
FINANCIAL REPORT AGENDA ITEM#4A
March 2013 JUNE 10,2013
Expenses
Annual YTD - 50% YTD Dollar Percent
Department/ (Footnote) Estimate of Estimate Actual Variance Variance
Governing Body $42,645 $21,323 $20,071 $1,252 5.87%
City Administration 2,393,735 1,196,868 1,118,120 78,748 6.58%
General Government(2) 920,361 460,181 684,965 (224,784) -48.85%
Planning and Building 443,666 221,833 197,691 24,142 10.88%
Public Safety(1,5 ) 5,592,274 2,796,137 2,298,863 497,274 17.78%
Recreation and Special Events 397,376 198,688 191,872 6,816 3.43%
Public Works (3) 6,078,591 3,039,296 2,191,384 847,911 27.90%
Public Utilities (4) 9,351,075 4,675,538 4,634,938 40,600 0.87%
Pension - Police 653,056 326,528 336,988 (10,460) -3.20%
Pension- General 789,485 394,743 429,846 (35,104) -8.89%
Total $26,662,264 $13,331,132 $12,104,737 $1,226,395
Annual YTD - 50% YTD Dollar Percent
Resource Allocation Estimate of Estimate Actual Variance Variance
Personnel Services (5) $9,549,191 $4,774,596 $4,310,134 $464,462 913%
Operating Expenses (2) 10,188,444 5,094,222 4,235,007 859,215 16.87%
Capital Outlay(1) & (2) 3,075,763 1,537,882 1,118,559 419,322 27.27%
Debt Service (4) 2,519,412 1,259,706 1,773,713 (514,007) -40.80%
Transfers 1,329,454 664,727 667,324 (2,597) -0.39%
Total $26,662,264 $13,331,132 $12,104,737 $1,226,395
Analysis of Major Variances
(1) The positive variance in the Public Safety divisions is primarily due to not having paid for
the second quarter of the fire services contract with Jacksonville. This is about 249,000.
The Lifeguard expenses have not begun yet and the deferral of the budgeted
expenditures on the Police Building add to that variance — see Project Activity Schedule.
(2) The negative variance in General Government results from the purchase of land in
November and in March totaling $328,665. Another part of this variance is the
prepayment of Insurance at the beginning of the year.
(3) The variance in the Public Works Department is due to project activity budgeted that
has not been completed. — see Project Activity Schedule.
(4) The negative variance in the Public Utilities divisions results from paying the majority of
the annual debt service payments and insurance at the beginning of the year.
(5) The positive variance in the Personnel Services resulted from vacant positions that
have not been filled. The City budgets full employment, so any vacancy contributes to a
positive variance. The Lifeguards are typically seasonal employees working May through
September.
City of Atlantic Beach AGENDA ITEM#4A
FINANCIAL REPORT JUNE 10,2013
March 2013
Project Activity - Current Year Activity Only
Project YTD YTD
Project Name Number Budget Actual Balance Status
Public Safety
Police Building Renovation/Design/Construction PS0504 60,000 0 60,000 DE
$ 60,000 $ - $ 60,000
Public Utilities:
TMDL-Lift Station/Main Transfer Flow PU0906 9,282 1,716 7,566 C
TMDL Upgrade/Construction-WWTP#1 PU1106 147,862 63,199 84,663 C
TMDL Sludge/Odor Improvements PU1110 144,606 15,261 129,345 C
Water Main- 12th Street at Ocean Blvd/Beach Ave PU1204 36,962 19,805 17,157 C
Water Main- 14th& 15th Street at Ocean Boulevard PU1205 201,657 108,483 93,174 C
Rehab of Interior of Tank#1 PU1301 41,500 41,500 I
Recoat Both Ground Storage Tanks WP#3 PU1303 55,000 55,000 I
Replace the Water Main on Pine Street PU1304 90,000 4,156 85,844 I
Replace 4"Water?Main at Wonderwood and Finegan PU1305 180,000 8,324 171,676 I
PT Repair at Lift Station C PU1306 40,000 40,000 I
PT Repair at West 6th and Stock PU1307 55,000 19,891 35,109 C
Repair 24" Effluent Force Main PU1308 86,000 86,000 I
Repair 12" Force Main PU1309 56,000 56,000 I
Replace Yard Pump PU1310 18,435 18,435 C
Sewer Rehabilitation 2013 PU1311 202,300 169,375 32,925 C
Subtotal $ 1,364,604 $ 410,210 $ 954,395
Public Works:
Marsh Master Plan Signs PM1301 38,700 38,700 I
Marsh Master Plan Project Design PM1303 34,000 10,200 23,800 E
Rose Park Development PM1302 225,000 11,350 213,650 E
Dutton Island Road Sidewalks PW1301 79,064 79,064 E
Sidewalk and Curb Replacements PW1302 25,000 6,041 18,959 I
City Hall Parking Lot Lights PW1303 32,000 32,000 B
Irregation Improvements Atlantic Blvd. PW1304 4,600 4,600 0 C
Sidewalk on West 9th Street PW1305 33,000 19,499 13,501 C
East Coast Drive Drainage Improvements PW1306 360,000 360,000 E
Subtotal $ 831,364 $ 51,690 $ 779,674
Total $2,255,968 $ 461,900 $1,794,070
Status Key
A- Bid Advertised E- Design Phase
B - Bid Awarded I - Project In-progress
C - Project Completed N -Complete/Non-Capital
D - Design Completed R- Re-budget Next Fiscal Year OR Re-Evaluated
DE- Deferred X- Project Cancelled
BUILDING DEPT. MONTHLY ACTIVITY REPORT
COMPARISON REPORT
REPORT FOR THE MONTH APRIL 2013
COMPARISION 2012 - 2013
PERMIT TYPE NUMBER OF PERMITS I TOTAL INSPECTIONS
YTD 2012 YTD 2013 YTD 2012 YTD 2013 YTD 2012 YTD 2013
SINGLE FAMILY 8 3 $ 1,842,970.00 $434,550.00
DUPLEX 0 0 $ - $0.00 ,
REMODEL/ADDITIONS 89 110 $ 1,898,350.00 $1,524,783.00
COMMERCIAL NEW 0 0 $ - $ -
OTHER 623 729 $ 4,543,714.00 $ 4,561,062.00
TOTAL 720 842 $ 8,285,034.00 $6,520,395.00 1315 1706
1
PERMITS ISSUED FOR THE MONTH OF FEBRUARY 2013
NO.PERMITS PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED
SINGLE FAMILY 1 $ 550.00 $ 165,000.00 BUILDING 185
NEW DUPLEX MULTI FAM 0 $ - $ - ELECTRICAL 79 I
RESIDENTIAL ADDITIONS 3 $ 720.00 j $ 3,540,000.00 PLUMBING 59
COMMERCIAL NEW 0 $ - 1 $ - MECHANICAL 60
COMMERCIAL ADDITIONS 0 $ - $ - MISC. 2
COMMERCIAL ALTERATIONS 1 $ 60.00 $ 1,850.00
PERMITS MISC 19 $ 1,760.00 $ 212,845.00 TOTAL 385
ELECTRICAL 36 $ 3,152.00 $ -
MECHANICAL GAS 3 I $ 255.00 $ -
MECHANICAL HVAC 39 $ 3,893.00 $ -
PLUMBING 28 $ 2,703.00 $ -
ROOFING 25 $ 2,200.00 $ 182,488.00
WINDOW/DOOR 15 $ 1,255.00 $ 224,083.00
DEMOLITION 8 $ 800.00 $ -
REINSPECTION FEES 2 $ 110.00 $ -
PERMIT RENEWALS 0 $ - $ - Projects to Note
OCCUPANCY INSPECTIONS 4 $ 400.00 $ -
PENALTY FEES 3 $ 630.00 $
SIGNS 0 $ - $ -
FENCES 15 $ 525.00 $
DRIVEWAYS 4 $ 140.00 $ >
WELL 1 ' $ 75.00 ; $ - — z
SIDING 3 $ 330.00 $ 35,565.00 tri
POOL 2 $ 315.00 1 $ 42,320.00 0 4
TOTAL 212 $ 19,873.00 $ 1,318,151.00
m
Y
AGENDA ITEM#4A
JUNE 10,2013
City of Atlantic Beach, Fl.
Utility Sales Report
,
1.. ..
April 20'13
0
, April 2012 .0-
1 :
i 7A Gallons Actual Revenue 0
I
Gallons Actual Revenue g
rigg Water Sales Accounts 0000 Revenue Per 1,000 gl f Accounts 0000 Revenue Per 1,000 gl
il
I '' a
• Atlantic Beach RA 5 634 35,662 $135,530 $3.80 1 5,614 39,909 $147,748 $3 70 1
Buccaneer . 2,480 15,047 $80,896 $5.38 2,469 15,759 $83,278 $5.28
:1,.,
g Total Water Sales i i t
,: 8,114 50,709 $216,426 $4.271 8,083 55,668 $231,026 $4.15
0 I .
g
g` gi g ;:i•
Fa Gallons Gallons
6 6
6 Water Plant Production i 0000 g
c 0000
..- k
;., Atlantic Beach * 42,186 io
Fa
t 54,197
11 Buccaneer 17,143 . 12,715 1
66,91
F16
64 Total Production .,
. 59,329 66,912 i
i
1 # 0
16- 46 0
Total Water Billed , 50,709 ...* 55,668
li 6 6
4
,
Water Loss for month: ; 8,620 11,244
I g rt.
vo g
•Percentage Loss II 14.53% i 1 16.80%
ri 4 1
..i
Total 12 mo.Avg. Loss 11.50% g 16.53% 2
_
i
" W-- .5N,W.-
k 64
Gallons Actual Revenue Gallons Actual Revenue 0
..
Sewer Sales Accounts 0000 Revenue Per 1,000 gl t.:Accounts 0000 Revenue Per 1,000 gl
• Atlantic Beach 1 5,219 29,829 $230,474 $7.73 r 5,194 32,292 $239,838 $7.43
1 # 0
Buccaneer - 2,372 17,026 $167,183 $9.82 k 2,366 18,271 $169,647 $9291
g Total Sewer Sales g 7,591 46,855 $397,657 $8.49 i 7,560 50,563 $409,485 $8.10
0 g
0
7,-
1 g ;
.17,,,/7.''-k;,.-",, ,0.,,,y,,,_,w-----,5,-,_- .,,,,*;--„s„,„7- .,- - "m..-.4.-.:- :",--- -,,,,,,,,,. ..xt----...... . Awe:.,,,. ..,,,...',,,:-.,'..,.....,,,e.:_"..,.,.,..i..:,-"-s.,-,..-;,,--."," "-w..,"-- ,e;,-"•=r,,----- , .-:-,,,,----->-"-''
v-: ---
Gallons Actual Revenue ° Gallons Actual Revenue 1
Sewer Treatment p 0000 Revenue Per 1,000 gl • 0000 Revenue Per 1,000 gl
ri, ti
Atlantic Beach * 55.314 $397,657 $7.19 6 36.121 $239,838 $6 64
1 0 15.312 $169,647 $11.08 1
$7.96;
Total Sewer Treated
g'
I 55.314 $397,657 $7.19 g
0.., 51.433 $409,485
0
g_gg_ggwg------ --g gg--g•g-gg :ggwgg ggggggggggggggggg .ggggggg :._0 g ig... gg..--g_gg gg.....- -,---igg.-g ,gggggggggggggg:g.ggggggg...m.gggwgg-_,,g
AGENDA ITEM#4A
JUNE 10,2013
PREPARED 5/20/13, 8:48:30 LICENSE ACTIVITY REPORT BY BUSINESS NAME
City of Atlantic Beach NEW LICENSES FOR YEARN 2013 BETWEEN: 04/01/13 TO 04/30/13
PROGRAM OL122L DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES
LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION
BUSINESS ADDRESS BUS. PHONE #
13-00007673 ADVANCED COOLING TOWER SYSTEMS 4/03/13 NEW MISCELLANEOUS SALES, OTHER THAN LIST
343 AHERN ST 904-249-0303
ATLANTIC BEACH FL 32233
13-00007668 ADVANTAGE SIGNS & ADVERTISING, 4/05/13 NEW PRINTER/PRINT SHOP
31 LEWIS ST 904-247-1228
ATLANTIC BEACH FL 32233
13-00007672 BEACHES LAWN ENFORCEMNT 4/05/13 NEW LAWN/YARD SERVICE
1108 VIOLET ST 904-708-3254
ATLANTIC BEACH FL 32233
13-00007671 CEVICHE JAX 4/05/13 NEW RESTAURANTS(INC. SNACK BARS & TAKE 0
695 ATLANTIC BLVD 3057910-6205
ATLANTIC BEACH FL 32233
13-00007670 COASTAL ACUPUNCTURE, INC. 4/05/13 NEW ACUPUNCTURIST
60 OCEAN BLVD 904-477-4898
ATLANTIC BEACH FL 32233
13-00007681 HEALTHY BEACH GIRL 4/22/13 NEW CONSULTANT, NOT OTHERWISE CLASSIFIED
2236 BAREFOOT TRAC 904-885-2152
ATLANTIC BEACH FL 32233
13-00007682 WONDERFULLY LONG MASSAGE 4/22/13 NEW MASSAGE ESTABLISHMENT
535 ATLANTIC BLVD 904-563-2583
ATLANTIC BEACH FL 32233
13-00007683 WONDERFULLY LONG MASSAGE 4/22/13 NEW MASSAGE THERAPIST
535 ATLANTIC BLVD 904-563-2583
ATLANTIC BEACH FL 32233
13-00007677 1085 ATLANTIC LLC 4/05/13 NEW APARTMENT BUILDING/COMPLEX
1088 CORNELL LN UNIT 16 813-444-1500
ATLANTIC BEACH FL 32233
GRAND TOTALS
NEW LICENSES'
AC: 9
PP: 0
IN: 0
VO: 0
PG: 0
BR: 0
OB: 0
UC: 0
LIC: 9
•
ACiI NI)r1 ITEM tf 413
JUNE 10,2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Annual Contract for Trimming Palm Trees
SUBMITTED BY: Rick Carper, P.E., Director of Public Works
DATE: May 8, 2013 =
BACKGROUND: Bids were opened on May 8, 2013 for a new annual contract
for palm tree trimming. The Bid includes the Atlantic Blvd. Medians, Town
Center and Mayport Road Flyover areas, Mayport Road Medians, several park
areas and provides a per tree price for other City Departments.
The bid states that Sabal and Washingtonia palms will be trimmed in late
spring, while the Medjool Date palm trimming will probably be scheduled in
July/August. Specifications require trimming palm fronds up to the 9:00 O'clock
& 3:00 O'clock positions, removing all berry stalks and rotten boots.
The Specifications authorize a three year contract with two one-year
renewals upon mutual agreement of the City and the Contractor.
Three (3) bids were received:
Company _ Location 1 Total for one trimminL
Lewis Tree Services,Inc. West Henrietta, New $38,536.00
York
Luke Brothers, Inc. Holiday Florida $22,494.00
Shaw's Tree Service, LLC Jacksonville, Florida $25,010.00
Staff received excellent references for Luke Brothers, Inc.
RECOMMENDATION: Award the Annual Contract for Trimming Palm Trees to Luke
Brothers, Inc.
ATTACHMENTS: Bid Tabulation Sheet
BUDGET: Total budget for Fiscal Year 11/12 is $2,500 for Atlantic
Blvd. & Mayport Rd. Medians (account 0015002-541.34-00); $9,222 for Town
Center (account 001-5002-541.34-02); $2,372 for flyover areas (account 001-
5002-541.34-03); and $5,000 for Parks (account 001-6020-572.34-00).
71°.
REVIEWED BY CITY MANA9 R
City of Atlantic Beach
Annual Contract For Palm Tree Trimming
May 8,2013
BID 1213-05 3:00 Pit
Lewis Tree Service,Inc. Luke Brothers Landscape Shaw's Tree Service
Service
Required Documents
Submission in Triplicate X X X
Document Requirements Checklist X X X
Bid Form X X X
Insurance Certificate X X X
Drug Free Workplace X X X
Public Entity Crimes Statement X X X
W-9 Form X X X
Business Tax Receipt(formerly known as Occupational License) Net required in their eountylstate X X
N/A N/A(Included certifications) N/A
Proof of five(5)years experience X X X
References-3 X X X
Written Confirmation of any Addenda-JUST RELEASED MAY 07,2013 NO NO NO
TOTAL COST FOR EACH LOCATION;
Atlantic Boulevard Medians-43 Medjool Palms $5,611.50 $2,365.00 $4,300.00
Town Center Area-428 Palm Trees $14,980.00 $9,844.00 $8,560.00
Town Center Area-31 Medjool Palms $4,045.50 $1,705.00 $1,550.00
Pond on Mayport Rd.(between W.4th&W.5th Streets)-32 Palms $1,120.00 $736.00 $704.00
Flyover-Atlantic Beach Side-13 Palm Trees $455.00 $299.00 $234.00
Flyover-Atlantic Beach Side-10 Medjool Palms $1,305.00 $550.00 $750.00
Flyover-Neptune Beach Side-59 Palm Trees $2,065.00 $1,357.00 $1,298.00
raypo . r'-•tans •e -en rr •' : 'u'on sa • • - ve•oo
Palms $913.50 $385.00 $700.00
Ocean Rescue on Ahem St.Beach Access-22 Palm Trees $770.00 $506.00 $396.00
Bull Park(716 Ocean Blvd.)-120 Palm Trees $4,200.00 $2,760.00 $4,620.00
Bull Park(716 Ocean Blvd.)-1 Medjool Palm $130.50 $55.00 $50.00
Frazier Park(4 medians on Plaza between L.Coast Dr.&Seminole Rd.)-
47 Palm Trees $1,645.00 $1,081.00 $1,034.00
City Hall/Public Safety Building(800 Seminole Rd.)-37 Palm Trees $1,295.00 $851.00 $814.00
Grand Total for A0 850 Palm Trees $38,536.00 $22,494.00 $25,010.00
Price Per Palm Tree for Other City Departments: , ' '4',, '
Price Per Saba!Palm $35.00 $23.00 $18.00-$22.00 >
Price Per Washingtonian Palm $35.00 $23.00 $18.00-$22.00 z
Price Per Medjool Palm $130.50 $55.00 $50.00-$100.00 Cr7 y
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Award of Bid based on Department Analysis and Commission Approval L„
4.
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Transportation Planning Organization
PLAN • F[1Ndi • MC76VLi2 •
Transportation Improvement ProgramBe
Fiscal Years 2013/14 - 2017/18
Beaches Draft Supplement
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1022 Prudential Drive ' Jacksonville, Florida 32207 • T 904.306.75U0 • F 994.306.7501 • www.northfloridatpo.com '8 E
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North Florida TPO Transportation Improvement Program-FY 2013/14-2017/18
Fund
Phase Source 2013/14 2014/15 2015/16 2016/17 2017/18 Total
ATLANTIC BLVD EB (SR 10) AT SAN PABLO RIVER BRIDGE NO 720044 -4261761 *Non-SIS*
BRIDGE-PAINTING Length: 0.492 mi
Responsible Agency: FDOT
PE DIH 1,000 0 0 0 0 1,000
CST DIH 17,527 18,037 18,564 0 0 54,128
CST BRRP 2,065,609 0 0 0 0 2,065,609
Total 2,084,136 18,037 18,564 0 0 2,120,737
Prior Cost<2013/14 382,572 Future Cost>2017/18 0 Total Project Cost 2,503,309
BEACH BLVD (US90) (SR 212) FROM SAN PABLO ROAD TO SOUTH 12TH ST. -4319621 *Non-SIS*
LANDSCAPING Length: 2.208 mi
Responsible Agency: FDOT
PE DIH 1,000 0 0 0 0 1,000
PE DDR 70,000 0 0 0 0 70,000
CST DIH 0 85,125 0 0 0 85,125
CST DDR 0 750,000 0 0 0 750,000
Total 71,000 835,125 0 0 0 906,125
Prior Cost<2013/14 238,711 Future Cost>2017/18 0 Total Project Cost 1,144,836
BEACH BLVD(SR 212) FROM ST.JOHNS BLUFF TO SAN PABLO ROAD-4319551 *Non-SIS*
LANDSCAPING Length: 5.263 mi
Responsible Agency: FDOT
PE DIH 500 0 0 0 0 500
CST DIH 154,800 0 0 0 0 154,800
CST DDR 1,500,000 0 0 0 0 1,500,000
Total 1,655,300 0 0 0 0 1,655,300
Prior Cost<2013/14 206,197 Future Cost>2017/18 0 Total Project Cost 1,861,497 a
rrld
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Final Draft April 18, 2013 A'1 Duval County State Highway Projects(FDOT) W
n
North Florida TPO Transportation Improvement Program-FY 2013/14-2017/18
Fund
Phase Source 2013/14 2014/15 2015/16 2016/17 2017/18 Total
SR A1A FROM 34TH AVE. TO ATLANTIC BLVD/MAYPORT RD-4300721 *Non-SIS*
ITS SURVEILLANCE SYSTEM Length: 5.840 mi
Responsible Agency: FDOT
CST SU 70,000 0 0 0 0 70,000
Total 70,000 0 0 0 0 70,000
Prior Cost<2013/14 0 Future Cost>2017/18 0 Total Project Cost 70,000
SR A1A FROM MARSH LANDING TO 34TH AVE.-4300711 *Non-SIS*
ITS SURVEILLANCE SYSTEM Length: 0.690 mi
Responsible Agency: FDOT
CST SU 30,000 0 0 0 0 30,000
Total 30,000 0 0 0 0 30,000
Prior Cost<2013/14 0 Future Cost>2017/18 0 Total Project Cost 30,000
SR A1A FROM ATLANTIC BLVD/MAYPORT RD TO TO WONDERWOOD DR-4300731 *Non-SIS*
ITS SURVEILLANCE SYSTEM Length: 3.300 mi
Responsible Agency: FDOT
CST SU 50,000 0 0 0 0 50,000
Total 50,000 0 0 0 0 50,000
Prior Cost<2013/14 0 Future Cost>2017/18 0 Total Project Cost 50,000
WONDERWOOD (SR116) INTRACOASTAL BR 720677 EB &WB -4325171 *Non-SIS*
BRIDGE REHABILITATION Length: .679 MI
Responsible Agency: Managed by FDOT
PE DIH 500 0 0 0 0 500
Total 500 0 0 0 0 500
Prior Cost<2013/14 1,001 Future Cost>2017/18 0 Total Project Cost 1,501 c
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Final Draft April 18, 2013 A-2 Duval County State Highway Projects(FDOT) o W 2
n
North Florida TPO Transportation Improvement Program-FY 2013/14-2017/18
Fund
Phase Source 2013/14 2014/15 2015/16 2016/17 2017/18 Total
WONDERWOOD EXPRESSWAY(SR 116) FROM 1-295 (SR 9A) TO MAYPORT RD (SR 101) -4287961 *Non-SIS*
DRAINAGE IMPROVEMENTS Length: 5.296 mi
Responsible Agency: FDOT
PE DIH 500 1,001 500 0 0 2,001
Total 500 1,001 500 0 0 2,001
Prior Cost<2013/14 484,533 Future Cost>2017/18 0 Total Project Cost 486,534
c.1
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Final Draft April 18, 2013 A-3 Duval County State Highway Projects(FDOT) O' E
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APPENDIX I
Abbreviations & Acronyms
d
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O a
W wit
Al-1
ABBREVIATIONS AND FUNDING SOURCES
AGENCIES
FAA Federal Aviation Administration
FHWA Federal Highway Administration
FTA Federal Transit Administration
JAA Jacksonville Aviation Authority
JTA Jacksonville Transportation Authority
SA/STJAA St. Augustine/St. Johns County Airport Authority
PROJECT PHASES
PLN Planning
PD&E Project, Development& Environment Study
PE Preliminary Engineering
ROW Right-of-Way Acquisition
CST Construction
DSB Design Build a
c�
z
MSC Miscellaneous r d
a
off
N .l
l l
O
A1-2 W
RRU Railroad/Utilities
INC Contract Incentives
ENV Environmental
FUNDING SOURCES
ACBR Advance Construction (BRT) — Federal Bridge Replacement
ACEN Advance Construction Equity Bonus National Highway
ACFO Advance Construction for High Priority
ACIM Advanced Construction Interstate
ACNP Advance Construction (NHPP)
ACSA Advanced Construction Transportation Management Areas
ACSB Advance Construction for SABR STP Bridges
ACSE Advanced Construction Enhancement
ACSH Advanced Construction Hazard Elimination
ACSL Advance Construction (SL)
ACSS Advanced Construction Safety
BJP Better Jacksonville Plan
BNBR State Bonds (Statewide Bridges)
BNDS Bond funding State
oy
A1-3
BNIR Interstate R/W and Bridge Bonds
BRAC Bridge Replacement
BRRP State Bridge Repair and Rehabilitation
BZAC Federal Bridge Replacement- Off System
CIGP County Incentive Grant Program
CM Congestion Mitigation
DDR District Dedicated Revenue (Gas Tax effective January 1, 1991)
DDRF District Dedicated Matching Revenue Funds
DI Statewide Inter/Intrastate Highways
DIH State In-House Product Support
DITS District Intelligent Transportation Systems
DPTO District Public Transportation Office
DS State Primary Highways and PTO
EB Equity Bonus
EBNH Equity Bonus - National Highway
FAA Federal Aviation Administration
FTA Federal Transit Administration
GMR General Revenue for Strategic Intermodal System d
N �
Al-4
GRSC Growth Management of SCOP
HPP High Priority Projects
HRRR High Risk Rural Road
HSP Highway Safety Program
IMAC Interstate Maintenance
JAA Jacksonville Airport Authority
LF Local Funds
LFR Local Funds/Reimbursable
LFRF Local Funds/Reimbursable - Future
LOGT Local Option Gas Tax
MG Minimum Guarantee
NHAC National Highway System
NHBR National Highway Bridges
NHPP IM, Bridge Repl, Natnl Hwy-MAP 21
NHRE Nat. Hwy. Perform - Resurfacing
PKBD Turnpike Master Bond Fund
PKYI Turnpike Improvement
PLHD Public Lands Highway Discretionary
RHP Rail-Highway Safety Crossings — Prot. Dev.
A1-5
SA Transportation Management Areas
SE Transportation Enhancement Activities related to any Surface Transportation Program
SH Hazard Elimination
SIBG SIB funds — Growth Management
SIB1 State Infrastructure Bank
SR Surface Transportation Program (STP) Railroad Hazard Elimination
SS Any safety improvement eligible under the Section 130 Railway-Highway Crossings
Program and the Section 152 Hazard Elimination Program (allocated by statutory formula)
STP Surface Transportation Program
SU, XU Surface Transportation Program (STP) in urban areas with a population of over 200,000
TALT Transportation Alts —Any Area
TALU Transportation Alts>200K
TDTF Transportation Disadvantaged Trust Fund (80% Federal/20% State)
TMA Transportation Management Areas -Areas with a population of over 200,000
TRIP Transportation Regional Incentive Program
XA Surface Transportation Program (STP) in any urban areas.
XU, SU Surface Transportation Program (STP) in urban areas > 200k
zd
0
A1-6
AGENDA 1"I EM it 41)
JUNI° 10,2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request for a Waiver from City Code Section 19-7 Driveway
Limitations to Allow a Circular Driveway on a Lot with Less Than 100
Foot Frontage.
SUBMITTED BY: Rick Carper, P.E., Public Works Director ,f"(
DATE: May 17, 2013
STRATEGIC PLAN LINK: None
BACKGROUND: Applicant proposes to modify their existing driveway at 592 Royal
Palms Drive to create a circular driveway. The lot frontage is 80 feet.
City Code Section 19-7 contains the following requirements for circular driveways
(emphasis added):
(f) Maximum driveway width at the property line and through the right-
of-way shall be 20 feet. Maximum driveway width for circular drives shall be 12
feet, and circular drives shall only be permitted on lots having at least 100 foot
frontage.
The applicant proposes to remove the existing driveway and add an extension to make a
circular drive using concrete (see Attachment 2), Estimated impervious surface coverage
of the right of way with the new driveway is less than 40%. Limit per City Code Section
19-7 is 50%.
BUDGET: No budget issues.
RECOMMENDATION: Because of corner location at Royal Palms and Plaza Dr., Staff
considers this a safety upgrade and recommends approval of
requested waiver to the City Code Section 19-7 requirements.
ATTACHMENTS: 1) Waiver Application for 592 Royal Palms Drive
2) Proposed Driveway Plan
7/REVIEWED BY CITY MANAGER _ _
AGENDA ITEM#4D
JUNE 10,2013
P 1.31-11110,10w.:::.:,{
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By
APPLICATION FOR SUBDIVISION WAIVER
City of Atlantic Beach • 800 Seminole Road •Atlantic Beach, Florida 32233 � ,
Z�
Phone: (904)247-5826 • FAX (904)247-5845 • http://www.coab.us
Date LI Ja(o 4 (5 File No. Receipt
1. Applicant's Name LIizcgqhe h Cain-I`4 ,(p fn� //��,, }.r /�++,��
2. Applicant's Address 5"!L bola t1 n I tJ JthcIn11C tC1! FL- ,333
3. Property Location ,`»l,--t r ist-S ,l '" c_)iz
4. Property Appraiser's Real Estate Number / 7 (S I 9 - 6 0 0(7
5. Current Zoning Classification P6.5 A 1 6. Comprehensive Plan Future Land Use designation
7. Requested provision(s)from which waiver is sought: }� 61.,,,:t(O- ('.hr e- -104.-kc (4 1"i Sri
}A N`4 H (2s o',10j E-1- +0 1 1 , O c.-4 !"Y1� ('"! (`1 V ir_ t._,t.'t I ,
8. Size of Parcel V�1 ' 90 9.Utility Provider ----S-E.1,1,--
f
10. Statement of facts and any special reasons for the requested Subdivision Waiver, which demonstrates
compliance with Section 24-191 of the Zoning and Subdivision and Land Development Regulations and
specifically describing how the request complies with the Conditions necessary for the City Commission to
approve this request. (See attached Section 24-191.)
11. Provide all of the following information:
a. Proof of ownership(deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner,a letter of authorization from the owner(s)for applicant to
represent the owner for all purposes related to this application must be provided.
b. Survey and legal description of property.
c. Required number of copies(4)
d. Application Fee($250.00) ,
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s)or authorized person if owner's authorization form is attached:
Printed or typed name(s): E 11Z.Q � ,1 C\-‘k IASK. ,
Signature(s): e to, c,.4 '..� J
■
ADDRESS AND CONTACT INFO ATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION Name: 1 ,(IN 1 0-k-r;Z IL
Mailing Address: `7 Pc c c,G;. P! / 4'i c)r A+Iel AA-,t 2ctz:1-, 151
Phone: `C�/ L)(:I k FAX: c t1 7/ `' /Z E-mail:
00-1)X i w — `1c1 n
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AGENDA ITEM#4D
JUNE 10,2013
Sec. 24-191. Waiver.
(a) General. Where the City Commission finds that undue hardship due to unreasonable
practical difficulties may result from strict compliance with this Article, the City Commission
may approve a waiver to the requirements of this Article if the waiver serves the public
interest.
(b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a
written request for the waiver stating the reasons for the waiver and the facts, which support
the waiver. The City Commission shall not approve a waiver unless it determines as follows.
(1) The particular physical conditions, shape or topography of the specific property involved
causes an undue hardship to the Applicant if the strict letter of the Article is carried out.
(2) The granting of the waiver will not be injurious to the other adjacent property.
(3) The conditions, upon which a request for waiver are based,are peculiar to the property
for which the waiver is sought,are not generally applicable to other property and do not
result from actions of the Applicant.
(4) The waiver is consistent with the intent and purpose of this Chapter,the Comprehensive
Plan and the requirements of this Article. If the City Commission approves a waiver,the
City Commission may attach such conditions to the waiver as will ensure that the waiver
will comply with the intent and purpose of this Article.
AGENDA ITEM#4D
JUNE 10,2013
1 1
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AGENDA ITEM#4E
JUNE 10,2013
CITY OF ATLANTIC BEACH
CITY COMMISSIONER MEETING
STAFF REPORT
AGENDA ITEM: Pension Board of Trustees - Fifth Member
DATE: May 17, 2013
SUBMITTED BY: Nelson Van Liere, Finance Director
BACKGROUND: Sec 2-305 of the City Code states that the Police Officers'
Pension Board of Trustees will consist of five (5) trustees
with the fifth member selected by the other four (4)
members. FS 185.05(1)(a) (attached) further states that
"Upon receipt of the fifth person's name, the legislative
body of the municipality shall, as a ministerial duty,
appoint such person to the board of trustees as its fifth
member. Sec. 2-306 of the City Code the term of office for
the Police Officers' Pension Board of Trustees is two years.
At the May 16, 2013 meeting, the Police Officers' Pension
Board of Trustees voted to have Tim Saggau as the fifth
board member to serve through May 14, 2015. This
reappointment is recommended as Harry McNally has
declined to continue to serve after many years of dedicated
service.
FUNDING: No funding is required for this action.
REQUESTED ACTION: That the City Commission appoint Tim Saggau to the
Police Officers' Board of Trustees for a two-year term
beginning 06/10/13.
CITY MANAGER. ��'
AGENDA ITEM#6A
RESOLUTION NO. 13-07 JUNE 10,2013
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
ADOPTING THE ICMA-RETIREMENT CORPORATION 401
GOVERNMENTAL PROFIT-SHARING PLAN & TRUST
RETIREMENT BASIC DOCUMENT AND TRUST ADOPTION
AGREEMENT AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach (Employer) has offered participation of all eligible
employees hired on or after September 1, 2008; and
WHEREAS, the employer has established a qualified plan for those employees referenced
above that serves the interest of the Employer by enabling it to provide reasonable retirement
security for these employees, by providing increased flexibility in its personnel management
system, and by assisting in the attraction and retention of future employees; and
WHEREAS, the Employer has determined that the continuance of the qualified retirement
plan will serve these objectives; and
NOW THEREFORE BE IT RESOLVED by the Commission of the City of Atlantic Beach,
Florida:
Section 1. That the Plan is hereby adopted as the qualified retirement plan (the "401 Profit
Sharing Plan") in the form of the ICMA Retirement Corporation Government 401
Governmental Profit Sharing Plan.
Section 2. That the assets of the Plan shall be held in trust, with the Employer serving as
trustee ("Trustee"), for the exclusive benefit of Plan participants and their beneficiaries, and
the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of
Plan assets held in Vantage Trust shall be held for the further exclusive benefit of Plan
participants and their beneficiaries.
Section 3. That the Employer hereby agrees to serve as Trustee under the Plan.
Section 4. That this resolution shall be effective upon adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, Florida
on this day of 2013.
Mike Borno
Mayor
Approved as to form and correctness: Attest:
Alan C. Jensen, Esquire Donna L. Bartle, CMC
City Attorney City Clerk
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i
ICMA RETIREMENT CORPORATION
GOVERNMENTAL PROFIT-SHARING PLAN & TRUST
BASIC DOCUMENT
Table of Contents
L PURPOSE .1
IL DEFINITIONS •1
III. ELIBILITY 5
IV. CONTRIBUTIONS 5
V. LIMITATION ON ELECTIVE DEFERRALS AND ALLOCATIONS .9
VI. TRUST AND INVESTMENT OF ACCOUNTS 14
VII. VESTING 17
VIII. BENEFITS CLAIM .18
IX. COMMENCEMENT OF BENEFITS . . .18
X. DISTRIBUTION REQUIREMENTS 23
XI. MODES OF DISTRIBUTION OF BENEFITS 27
XII. SPOUSAL DEATH BENEFIT REQUIREMENTS 28
XIII. LOANS TO PARTICIPANTS 29
XIV. PLAN AMENDMENT,TERMINATION AND OPTIONAL PROVISIONS 32
XV. ADMINISTRATION 34
XVI. MISCELLANEOUS 36
XVII. SPOUSAL BENEFIT REQUIREMENTS 38
XVIII. FINAL PAY CONTRIBUTIONS 41
XIX. ACCRUED LEAVE CONTRIBUTIONS 42
DECLARATION OF TRUST 43
ICMA RETIREMENT CORPORATION
GOVERNMENTAL PROFIT-SHARING PLAN &TRUST
PURPOSE
The Employer hereby adopts this Plan and Trust to provide funds for its Employees' retirement, and to
provide funds for their Beneficiaries in the event of death.The benefits provided in this Plan shall be paid
from the Trust. The Plan and the Trust forming a part hereof are adopted and shall be maintained for the
exclusive benefit of eligible Employees and their Beneficiaries. Except as provided in Sections 4.13 and
14.03, no part of the corpus or income of the Trust shall revert to the Employer or be used for or diverted
to purposes other than the exclusive benefit of Participants and their Beneficiaries.
II. DEFINITIONS
2.01 Account.A separate record which shall be established and maintained under the Trust for each
Participant, and which shall include all Participant subaccounts created pursuant to Article IV,
plus any Participant Loan Account created pursuant to Section 13.03. Each subaccount created
pursuant to Article IV shall include any earnings of the Trust and adjustments for withdrawals,
and realized and unrealized gains and losses allocable thereto.The term "Account" may also refer
to any of such separate subaccounts.
2.02 Accounting Date. Each day that the New York Stock Exchange is open for trading, and such
other dates as may be determined by the Plan Administrator, as provided in Section 6.06 for
valuing the Trust's assets.
2.03 Adoption Agreement.The separate agreement executed by the Employer through which the
Employer adopts the Plan and elects among the various alternatives provided thereunder, and
which upon execution, becomes an integral part of the Plan.
2.04 Beneficiary.The person or persons (including a trust) designated by the Participant who shall
receive any benefits payable hereunder in the event of the Participant's death.The designation
of such Beneficiary shall be in writing to the Plan Administrator. A Participant may designate
primary and contingent Beneficiaries. Where no designated Beneficiary survives the Participant
or no Beneficiary is otherwise designated by the Participant, the Participant's Beneficiary shall be
his/her surviving spouse or, if none, his/her estate.
Notwithstanding the foregoing, the Beneficiary designation is subject to the requirements of
Article XII unless the Employer elects otherwise in the Adoption Agreement.
Notwithstanding the foregoing, where elected by the Employer in the Adoption Agreement (the
"QJSA Election"), the Beneficiary designation is subject to the requirements of Article XVII.
Notwithstanding the foregoing, to the extent permitted by the Employer, a Beneficiary receiving
required minimum distributions in accordance with Article X and not in a benefit form elected
under Article XI or XII,may designate a Beneficiary to receive the required minimum distributions
that would have otherwise been payable to the initial Beneficiary but for his or her death.
2.05 Break in Service.A Period of Severance of at least twelve (12) consecutive months.
1
In the case of an individual who is absent from work for maternity or paternity reasons, the
twelve (12) consecutive month period beginning on the first anniversary of the first date of such
absence shall not constitute a Break in Service. For purposes of this paragraph, an absence from
work for maternity or paternity reasons means an absence (1) by reason of the pregnancy of the
individual, (2) by reason of the birth of a child of the individual, (3) by reason of the placement
of a child with the individual in connection with the adoption of such child by such individual,
or (4) for purposes of caring for such child for a period beginning immediately following such
birth or placement.
2.06 Catch-up Contributions. Elective Deferrals made to the Plan that are in excess of an otherwise
applicable plan limit and that are made by Participants who are age 50 or over by the end of
their taxable years.An otherwise applicable plan limit is a limit in the Plan that applies to
Elective Deferrals without regard to Catch-up Contributions, such as the limits on annual
additions and the dollar limitation on Elective Deferrals under Code section 402(g) (not
counting catch-up Contributions). Catch-up Contributions for a Participant for a taxable year
may not exceed (1) the dollar limit on Catch-up Contributions under Code section 414(v)
(2)(B)(i) for the taxable year or (2) when added to other Elective Deferrals, 75 percent of the
Participant's Earnings for the taxable year.The dollar limit on Catch-up Contributions under
Code section 414(v)(2)(B)(i) is $1,000 for taxable years beginning in 2002, increasing by
$1,000 for each year thereafter up to $5,000 for taxable years beginning in 2006 and later years.
After 2006, the $5,000 limit will be adjusted by the Secretary of the Treasury for cost-of-living
increases under Code section 414(v)(2)(C). Any such adjustments will be in multiples of$500.
Catch-up Contributions are not subject to the limits on annual additions. Provisions in the Plan
relating to Catch-up Contributions apply to Elective Deferrals made after 2001.
2.07 Code.The Internal Revenue Code of 1986, as amended from time to time.
2.08 Covered Employment Classification.The group or groups of Employees eligible to make and/
or have contributions to this Plan made on their behalf, as specified by the Employer in the
Adoption Agreement.
2.09 Disability. A physical or mental impairment which is of such permanence and degree that, as
determined by the Employer, a Participant is unable because of such impairment to perform any
substantial gainful activity for which he/she is suited by virtue of his/her experience, training, or
education and that has lasted, or can be expected to last, for a continuous period of not less than
twelve (12) months, or can be expected to result in death.The permanence and degree of such
impairment shall be supported by medical evidence. If the Employer maintains a long-term
disability plan, the definition of Disability shall be the same as the definition of disability in the
long-term disability plan.
2.10 Earnings.
(a) General Rule. Earnings, which form the basis for computing Employer Contributions,
are all of each Participant's W-2 earnings which are actually paid to the Participant
during the Plan Year, plus any contributions made pursuant to a salary reduction
agreement which are not includible in the gross income of the Employee under section
125, 402(e)(3), 402(h)(1)(B), 403(b), 414(h)(2), 457(b), or, effective January 1, 2001,
132(f)(4) of the Code. Earnings shall include any pre-tax contributions (excluding
direct employer contributions) to an integral part trust of the Employer providing retiree
health care benefits. Earnings shall also include any other earnings as defined and elected
2
by the Employer in the Adoption Agreement. Unless the Employer elects otherwise in
the Adoption Agreement, Earnings shall exclude overtime compensation and bonuses.
(b) Limitation on Earnings. For any Plan Year beginning after December 31, 2001, the
annual Earnings of each Participant taken into account in determining allocations shall
not exceed $200,000, as adjusted for cost-of-living increases in accordance with section
401(a)(17)(B) of the Code. Annual Earnings means Earnings during the Plan Year or
such other consecutive 12-month period over which Earnings is otherwise determined
under the Plan (the determination period).The cost-of-living adjustment in effect for a
calendar year applies to annual Earnings for the determination period that begins with
or within such calendar year.
If a determination period consists of fewer than twelve (12) months, the annual
Earnings limit is an amount equal to the otherwise applicable annual Earnings limit
multiplied by the fraction, the numerator of which is the number of months in the short
Plan Year and the denominator of which is twelve (12).
If Earnings for any prior determination period are taken into account in determining
a Participant's allocations for the current Plan Year, the Earnings for such prior year are
subject to the applicable annual Earnings limit in effect for that prior year.
(c) Limitations for Governmental Plans. In the case of an eligible participant in a
governmental plan (within the meaning of section 414(d) of the Code), the dollar
limitation shall not apply to the extent the Earnings which are allowed to be taken into
account under the Plan would be reduced below the amount which was allowed to be
taken into account under the Plan as in effect on July 1, 1993, as adjusted for increases
in the cost-of-living in accordance with section 401(a)(17)(B) of the Code. For purposes
of this Section, an eligible participant is an individual who first became a Participant
in the Plan during a Plan Year beginning before the first Plan Year beginning after
December 31, 1993.
2.11 Effective Date.The first day of the Plan Year during which the Employer adopts the Plan,
unless the Employer elects in the Adoption Agreement an alternate date as the Effective Date of
the Plan.
2.12 Employee.Any individual who has applied for and been hired in an employment position
and who is employed by the Employer as a common law employee; provided, however, that
Employee shall not include any individual who is not so recorded on the payroll records of
the Employer, including any such person who is subsequently reclassified by a court of law
or regulatory body as a common law employee of the Employer. For purposes of clarification
only and not to imply that the preceding sentence would otherwise cover such person, the
term Employee does not include any individual who performs services for the Employer as an
independent contractor, or under any other non-employee classification.
2.13 Employer.The unit of state or local government or an agency or instrumentality of one (1) or
more states or local governments that executes the Adoption Agreement.
2.14 Hour of Service. Each hour for which an Employee is paid or entitled to payment for the
performance of duties for the Employer.
3
2.15 Nonforfeitable Interest.The nonforfeitable interest of the Participant or his/her Beneficiary
(whichever is applicable) is that percentage of his/her Employer Contribution Account balance,
which has vested pursuant to Article VII. A Participant shall, at all times, have a one hundred
percent (100%) Nonforfeitable Interest in his/her Elective Deferral, Participant Contribution,
Rollover, and Voluntary Contribution Accounts.
2.16 Normal Retirement Age.The age which the Employer specifies in the Adoption Agreement. If
the Employer enforces a mandatory retirement age, the Normal Retirement Age is the lesser of
that mandatory age or the age specified in the Adoption Agreement.
2.17 Participant.An Employee or former Employee for whom contributions have been made under
the Plan and who has not yet received all of the payments of benefits to which he/she is entitled
under the Plan. A Participant is treated as benefiting under the Plan for any Plan Year during
which the participant received or is deemed to receive an allocation in accordance with Treas.
Reg. section 1.410(b)-3(a).
2.18 Period of Service. For purposes of determining an Employee's initial or continued eligibility
to participate in the Plan or the Nonforfeitable Interest in the Participant's Account balance
derived from Employer Contributions, an Employee will receive credit for the aggregate of all
time period(s) commencing with the Employee's first day of employment or reemployment and
ending on the date a Break in Service begins.The first day of employment or reemployment is
the first day the Employee performs an Hour of Service. An Employee will also receive credit for
any Period of Severance of less than twelve (12) consecutive months. Fractional periods of a year
will be expressed in terms of days.
Notwithstanding anything to the contrary herein, if the Plan is an amendment and restatement
of a plan that previously calculated service under the hours of service method, service shall
be credited in a manner that is at least as generous as that provided under Treas. Regs.
section 1.410(a)-7(g).
2.19 Period of Severance.A continuous period of time during which the Employee is not employed
by the Employer. Such period begins on the date the Employee retires, quits or is discharged, or
if earlier, the twelve (12) month anniversary of the date on which the Employee was otherwise
first absent from service.
2.20 Plan.This Plan as established by the Employer including any elected provisions pursuant to the
Adoption Agreement. If the Employer has elected in the Adoption Agreement to permit Participants
to make Elective Deferrals, this Plan is a profit-sharing plan containing a 401(k) arrangement.
2.21 Plan Administrator. The person(s) or entity named to carry out certain nondiscretionary
administrative functions under the Plan, as hereinafter described, which is the ICMA
Retirement Corporation or any successor Plan Administrator.
2.22 Plan Year.The twelve (12) consecutive month period designated by the Employer in the
Adoption Agreement.
2.23 Trust.The Trust created under Article VI of the Plan which shall consist of all of the assets of
the Plan derived from Employer and Participant contributions under the Plan, plus any income
and gains thereon, less any losses, expenses and distributions to Participants and Beneficiaries.
4
III. ELIGIBILITY
3.01 Service. Except as provided in Sections 3.02 and 3.03 of the Plan, an Employee within
the Covered Employment Classification who has completed a twelve (12) month Period of
Service shall be eligible to participate in the Plan at the beginning of the payroll period next
commencing thereafter.The Employer may elect in the Adoption Agreement to waive or reduce
the twelve (12) month Period of Service.
If the Employer maintains the plan of a predecessor employer, service with such employer shall
be treated as Service for the Employer.
3.02 Age.The Employer may designate a minimum age requirement, not to exceed age twenty-one
(21), for participation. Such age, if any, shall be declared in the Adoption Agreement.
3.03 Return to Covered Employment Classification. In the event a Participant is no longer a
member of Covered Employment Classification and becomes ineligible to make contributions
and/or have contributions made on his/her behalf, such Employee will become eligible for
contributions immediately upon returning to a Covered Employment Classification. If such
Participant incurs a Break in Service, eligibility will be determined under the Break in Service
rules of the Plan.
In the event an Employee who is not a member of a Covered Employment Classification
becomes a member, such Employee will be eligible to participate immediately if such Employee
has satisfied the minimum age and service requirements and would have otherwise previously
become a Participant.
3.04 Service Before a Break in Service.All Periods of Service with the Employer are counted
toward eligibility, including Periods of Service before a Break in Service.
N CONTRIBUTIONS
4.01 Employer Contributions. For each Plan Year, the Employer will contribute to the Trust an
amount as specified in the Adoption Agreement.The Employer's full contribution for any
Plan Year shall be due and paid not later than thirty (30) working days after the close of the
Plan Year. Each Participant will share in Employer Contributions for the period beginning on
the date the Participant commences participation under the Plan and ending on the date on
which such Employee severs employment with the Employer or is no longer a member of a
Covered Employment Classification, and such contributions shall be accounted for separately
in his Employer Contribution Account. Notwithstanding anything to the contrary herein, if so
elected by the Employer in the Adoption Agreement, an Employee shall be required to make
contributions as provided pursuant to Section 4.04 or 4.05 in order to be eligible for Employer
Contributions to be made on his/her behalf to the Plan.
4.02 Forfeitures.All amounts forfeited by terminated Participants, pursuant to Section 7.06, shall
be allocated to a suspense account and used to reduce dollar for dollar Employer Contributions
otherwise required under the Plan for the current Plan Year and succeeding Plan Years, if
necessary. Forfeitures may first be used to pay the reasonable administrative expenses of the
Plan, with any remainder being applied to reduce Employer Contributions.
5
If no Employer Contributions are required under the Plan, forfeitures will be allocated in the
ratio that the Earnings of each Participant bears to that of all Participants.
4.03 Elective Deferrals and Catch-up Contributions. If the Employer so elects in the Adoption
Agreement, and subject to the limitations provided in Article V, a Participant may elect after
he/she meets the eligibility requirements provided in Article III to have the Employer make
payments either (1) as Elective Deferrals on his/her behalf, pursuant to a properly executed
salary reduction agreement,whereby the Employee agrees to reduce his/her future Earnings by a
specific amount, and the Employer to contribute such Elective Deferrals to the Trust on behalf
of the Employee or (2) to the Employee directly in cash. Such a Participant, if age 50 or over by
the end of his or her taxable year, is also permitted to make Catch-up Contributions. Elective
Deferrals (and Catch-up Contributions) shall be made by payroll reduction, and shall be ac-
counted for separately in the Participant's Elective Deferral Account. Such Account shall be at
all times nonforfeitable by the Participant.
The Employer must provide a period(s), as elected in the Adoption Agreement, of not less
than thirty(30) days at least once each calendar year during which a Participant may elect to
commence Elective Deferrals and Catch-up Contributions. Such election may not be made
retroactively.A Participant's election to commence Elective Deferrals must remain in effect until
modified or terminated.
Notwithstanding anything to the contrary elsewhere contained in this Plan, Elective Deferrals
and Catch-up Contributions are intended to be employer contributions within the meaning
of the Code and regulations, not employee contributions, and relevant provisions shall be
construed accordingly.
4.04 Mandatory Participant Contributions. If the Employer so elects in the Adoption Agreement,
each eligible Employee shall make contributions at a rate prescribed by the Employer or at
any of a range of specified rates, as set forth by the Employer in the Adoption Agreement, as
a requirement for his/her participation (1) in the Plan or (2) in this portion of the Plan. Once
an eligible Employee becomes a Participant and makes an election hereunder, he/she shall
not thereafter have the right to discontinue or vary the rate of such Mandatory Participant
Contributions. Such contributions shall be accounted for separately in the Participant
Contribution Account. Such Account shall be at all times nonforfeitable by the Participant.
If the Employer so elects in the Adoption Agreement, the Mandatory Participant Contributions
shall be "picked up" by the Employer in accordance with Code section 414(h)(2).Any
contribution picked-up under this Section shall be treated as an employer contribution in
determining the tax treatment under the Code, and shall not be included as gross income of the
Participant until it is distributed.
To constitute a Pick-Up Contribution, (1) the Employer must specify that the contributions are
being paid by the Employer in lieu of contributions by the Employee, and (2) the Employee
must not be given the option of choosing to receive the contributed amounts directly instead of
having them paid by the Employer to the Plan.
4.05 Employer Matching Contributions of Voluntary Participant Contributions or Elective
Deferrals. If the Employer so elects in the Adoption Agreement, Employer Matching
Contributions shall be made on behalf of an eligible Employee for a Plan Year only if the
Employee agrees to make Voluntary Participant Contributions or Elective Deferrals for that
6
Plan Year.The rate of Employer Contributions shall, to the extent specified in the Adoption
Agreement, be based upon the rate at which Voluntary Participant Contributions or Elective
Deferrals are made for that Plan Year. Employer Matching Contributions shall be accounted for
separately in the Employer Contribution Account.
4.06 Voluntary Participant Contributions. If the Employer so elects in the Adoption Agreement,
an eligible Employee may make after-tax voluntary (unmatched) contributions under the Plan
for any Plan Year in any amount up to twenty-five percent (25%) of his/her Earnings for such
Plan Year. Matched and unmatched contributions shall be accounted for separately in the
Participant's Voluntary Contribution Account. Such Account shall be at all times nonforfeitable
by the Participant.
4.07 Deductible Employee Contributions. The Plan will not accept deductible employee
contributions which are made for a taxable year beginning after December 31, 1986.
Contributions made prior to that date will be maintained in a Deductible Employee
Contribution Account,The Account will share in the gains and losses under the Plan in the
same manner as described in Section 6.06 of the Plan. Such Account shall be at all times
nonforfeitable by the Participant.
4.08 Final Pay Contributions. If the Employer so elects in the Adoption Agreement, Participants
shall be eligible to make or receive Final Pay Contributions under this Plan in accordance with
Article XVIII. Notwithstanding the foregoing, this election may only be made if the Employer
also elects to make contributions under Section 4.01, or Section 4.04 that are picked-up by the
Employer. In addition, discretionary contributions are (i) for the exclusive benefit of Employees
or their beneficiaries and (ii) substantial and recurring in accordance with Treasury Regulations
sections 1.401-1(a)(3) and 1.401-1(b)(2).
4.09 Accrued Leave Contributions. If the Employer so elects in the Adoption Agreement, eligible
Participants shall be eligible to make or receive Accrued Leave Contributions under this Plan in
accordance with Article XIX. Notwithstanding the foregoing, this election may only be made
if the Employer also elects to make contributions under Section 4.01, or Section 4.04 that are
picked-up by the Employer. In addition, discretionary contributions are (i) for the exclusive
benefit of Employees or their beneficiaries and (ii) substantial and recurring in accordance with
Treasury Regulations sections 1.401-1(a)(3) and 1.401-1(6)(2).
4.10 Military Service Contributions. Notwithstanding any provision of the Plan to the contrary,
effective December 12, 1994, contributions, benefits and service credit with respect to qualified
military service shall be provided in accordance with section 414(u) of the Code.
Effective December 12, 1994, if the Employer has elected in the Adoption Agreement to make
loans available to Participants, loan repayments shall be suspended under the Plan as permitted
under section 414(u)(4) of the Code.
4.11 Changes in Participant Election.A Participant may elect to change his/her rate of Elective
Deferrals, Catch-up Contributions, or Voluntary Participant Contributions at any time or
during an election period as designated by the Employer.A Participant may discontinue such
contributions at any time or during an election period as designated by the Employer.
7
The Employer must provide a period of not less than thirty (30) days at least once each calendar
year during which a Participant may elect to terminate an election or to modify the amount or
frequency of his/her Elective Deferrals.
4.12 Portability of Benefits.
(a) Unless otherwise elected by the Employer in the Adoption Agreement, the Plan will
accept Participant (which shall include, for purposes of this subsection, an Employee
within the Covered Employment Classification whether or not he/she has satisfied the
minimum age and service requirements of Article III) rollover contributions and/or
direct rollovers of distributions (including after-tax contributions) made after December
31, 2001 that are eligible for rollover in accordance with Section 402(c), 403(a)(4),
403(6)(8), 408(d)(3)(A)(ii), or 457(e)(16) of the Code, from all of the following types
of plans:
(1) A qualified plan described in Section 401(a) or 403(a) of the Code;
(2) An annuity contract described in Section 403(b) of the Code;
(3) An eligible plan under Section 457(b) of the Code which is maintained by a
state, political subdivision of a state, or any agency or instrumentality of a state
or a political subdivision of a state; and
(4) An individual retirement account or annuity described in Section 408(a) or
408(b) of the Code (including SEPs, and SIMPLE IRAs after two years of
participating in the SIMPLE IRA).
(b) Notwithstanding the foregoing, the Employer may reject the rollover contribution if it
determines, in its discretion, that the form and nature of the distribution from the other
plan does not satisfy the applicable requirements under the Code to make the transfer or
rollover a nontaxable transaction to the Participant;
(c) For indirect rollover contributions, the amount distributed from such plan must be
rolled over to this Plan no later than the sixtieth (60''') day after the distribution was
made from the plan, unless otherwise waived by the IRS pursuant to Section 402(c)(3)
of the Code.
(d) The amount transferred shall be deposited in the Trust and shall be credited to a
Rollover Account. Such Account shall be one hundred percent (100%) vested in the
Participant.
(e) The Plan will accept accumulated deductible employee contributions as defined in
section 72(o)(5) of the Code that were distributed from a qualified retirement plan and
transferred (rolled over) pursuant to section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3)
of the Code. Notwithstanding the above, this transferred (rolled over) amount shall be
deposited to the Trust and shall be credited to a Deductible Employee Contributions
Account. Such Account shall be one-hundred percent (100%) vested in the Participant.
(f) A Participant may, upon approval by the Employer and the Plan Administrator, transfer
his/her interest in another plan maintained by the Employer that is qualified under
8
section 401(a) of the Code to this Plan, provided the transfer is effected through a
one-time irrevocable written election made by the Participant.The amount transferred
shall be deposited in the Trust and shall be credited to sources that maintain the same
attributes as the plan from which they are transferred. Such transfer shall not reduce the
accrued years or service credited to the Participant for purposes of vesting or eligibility
for any Plan benefits or features.
4.13 Return of Employer Contributions.Any contribution made by the Employer because of a
mistake of fact must be returned to the Employer within one year of the date of contribution.
V. LIMITATION ON ELECTIVE DEFERRALS AND ALLOCATIONS
5.01 Maximum Elective Deferrals. Notwithstanding anything to the contrary herein, no Participant
shall be permitted to have Elective Deferrals made under this Plan, or Elective Deferrals under
any other plan, contract or arrangement maintained by the Employer, during any calendar
year, in excess of the dollar limitation contained in section 402(g) of the Code in effect for the
Participant's taxable year beginning in such calendar year. In the case of a Participant age 50 or
over by the end of the taxable year, the dollar limitation described in the preceding sentence
includes the amount of Elective Deferrals that can be Catch-up Contributions.The dollar
limitation contained in Code section 402(g) is $10,500 for taxable years beginning in 2000
and 2001 increasing to $11,000 for taxable years beginning in 2002 and increasing by$1,000
for each year thereafter up to $15,000 for taxable years beginning in 2006 and later years. After
2006, the $15,000 limit will be adjusted by the Secretary of the Treasury for cost-of-living
increases under section 402(g)(4).Any such adjustments will be in multiples of$500.
5.02 Distribution of Excess Elective Deferrals.
(a) A Participant may assign to this Plan any Excess Elective Deferrals made during a
preceding taxable year of the Participant by providing the Plan Administrator with
written notice on or before March 1 of the amount of Excess Elective Deferrals to be
assigned to the Plan.A Participant is deemed to notify the Plan Administrator of any
Excess Elective Deferrals that arise by taking into account only those Elective Deferrals
made to this Plan and any other plan, contract or arrangement of this Employer.
Notwithstanding any other provisions of the Plan, Excess Elective Deferrals, plus any
income and minus any loss allocable thereto, shall be distributed no later than April 15
to any Participant whose Excess Elective Deferrals were assigned for the preceding year
and who claims Excess Elective Deferrals for such taxable year or calendar year.
Participants who claim Excess Elective Deferrals for the preceding taxable year must
submit their claims in writing to the Plan Administrator on or before March 1.
(b) Excess Elective Deferrals shall be adjusted for any income or loss up to the date of
the distribution.The income or loss allocable to Excess Elective Deferrals is the sum
of: (1) income or loss allocable to the Participant's Elective Deferral Account for the
Taxable year multiplied by a fraction, the numerator of which is such Participant's
Account balance attributable to Elective Deferrals without regard to any income or
loss occurring during such taxable year; and (2) ten percent (10%) of the amount
9
determined under (1) multiplied by the number of whole calendar months between the
end of the Participant's taxable year and the date of distribution, counting the month of
distribution if distribution occurs after the fifteenth (15th) of such month.
5.03 Limitation on Annual Additions - Participants Only in This Plan.
(a) If the Participant does not participate in, and has never participated in another qualified
plan or a welfare benefit fund, as defined in section 419(e) of the Code, maintained by
the Employer, or an individual medical account, as defined by section 415(1)(2) of the
Code, maintained by the Employer,which provides an Annual Addition, the amount of
Annual Additions which may be credited to the Participant's Account for any Limita-
tion Year will not exceed the lesser of the Maximum Permissible Amount or any other
limitation contained in this Plan. If the Employer Contribution that would otherwise
be contributed or allocated to the Participant's Account would cause the Annual Addi-
tions for the Limitation Year to exceed the Maximum Permissible Amount, the amount
contributed or allocated will be reduced so that the Annual Additions for the Limitation
Year will equal the Maximum Permissible Amount.
(b) Prior to determining the Participant's actual Compensation for the Limitation Year, the
Employer may determine the Maximum Permissible Amount for a Participant on the
basis of a reasonable estimation of the Participant's Compensation for the Limitation
Year, uniformly determined for all Participants similarly situated.
(c) As soon as is administratively feasible after the end of the Limitation Year, the Maximum
Permissible Amount for the Limitation Year will be determined on the basis of the
Participant's actual Compensation for the Limitation Year.
(d) If, as a result of an inadvertent reasonable error in estimating the Maximum Permissible
Amount for a Participant in accordance with Subsection (b) or pursuant to Subsection
(c) or as a result of the allocation of forfeitures, there is an Excess Amount, the excess
will be disposed of as follows:
(1) Any Mandatory Participant Contributions that are not "picked up" by the
Employer or Voluntary Participant Contributions, to the extent they would
reduce the Excess Amount, will be returned to the Participant;
(2) Any Elective Deferrals, to the extent they would reduce the Excess Amount, will
be returned to the Participant;
(3) If after the application of paragraphs (1) or (2) an Excess Amount still exists,
and the Participant is covered by the Plan at the end of the Limitation Year, the
Excess Amount in the Participant's Account will be used to reduce Employer
Contributions (including any allocation of forfeitures) for such Participant in
the next Limitation Year, and each succeeding Limitation Year if necessary;
(4) If after the application of paragraphs (1) or (2) an Excess Amount still exists,
and the Participant is not covered by the Plan at the end of the Limitation Year,
the Excess Amount will be held unallocated in a suspense account.The suspense
10
account will be applied to reduce future Employer Contributions (including al-
location of any forfeitures) for all remaining Participants in the next Limitation
Year, and each succeeding Limitation Year if necessary;
(5) If a suspense account is in existence at any time during a particular Limitation
Year, all amounts in the suspense account must be allocated and reallocated to
Participants' accounts before any Employer or any Employee contributions may
be made to the Plan for that Limitation Year. Excess Amounts in a suspense
account may not be distributed to Participants or former Participants.
5.04 Limitation on Annual Additions - Participants in Another Defined Contribution Plan.
(a) Unless the Employer provides other limitations in the Adoption Agreement, this Section
applies if, in addition to this Plan, the Participant is covered under another qualified
defined contribution plan maintained by the Employer, or a welfare benefit fund, as
defined in section 419(e) of the Code, maintained by the Employer, or an individual
medical account, as defined by section 415(1)(2) of the Code, maintained by the Employer,
which provides an Annual Addition, during any Limitation Year.The Annual Additions
which may be credited to a Participant's Account under this Plan for any such Limitation
Year will not exceed the Maximum Permissible Amount reduced by the Annual Additions
credited to a Participant's Account under the other plans and welfare benefit funds for the
same Limitation Year. If the Annual Additions with respect to the Participant under other
defined contribution plans and welfare benefit funds maintained by the Employer are
less than the Maximum Permissible Amount and the Employer contribution that would
otherwise be contributed or allocated to the Participant's Account under this Plan would
cause the Annual Additions for the Limitation Year to exceed this limitation, the amount
contributed or allocated will be reduced so that the Annual Additions under all such plans
and funds for the Limitation Year will equal the Maximum Permissible Amount. If the
Annual Additions with respect to the Participant under such other defined contribution
plans and welfare benefit funds in the aggregate are equal to or greater than the Maximum
Permissible Amount, no amount will be contributed or allocated to the Participant's Ac-
count under this Plan for the Limitation Year.
(b) Prior to determining the Participant's actual Compensation for the Limitation Year, the
Employer may determine the Maximum Permissible Amount for a Participant in the
manner described in Section 5.03(b).
(c) As soon as is administratively feasible after the end of the Limitation Year, the Maximum
Permissible Amount for the Limitation Year will be determined on the basis of the
Participant's actual Compensation for the Limitation Year.
(d) If, pursuant to Subsection (c) or as a result of the allocation of forfeitures, a Participant's
Annual Additions under this Plan and such other plans would result in an Excess
Amount for a Limitation Year, the Excess Amount will be deemed to consist of the
Annual Additions last allocated, except that Annual Additions attributable to a welfare
benefit fund or individual medical account will be deemed to have been allocated first
regardless of the actual allocation date.
11
(e) If an Excess Amount was allocated to a Participant on an allocation date of this Plan
which coincides with an allocation date of another plan, the Excess Amount attributed
to this Plan will be the product of,
(1) The total Excess Amount allocated as of such date, multiplied by
(2) The ratio of(i) the Annual Additions allocated to the Participant for the Limita-
tion Year as of such date under this Plan to (ii) the total Annual Additions al-
located to the Participant for the Limitation Year as of such date under this and
all the other qualified prototype defined contribution plans.
(f) Any Excess Amount attributed to this Plan will be disposed in the manner described in
Section 5.03(d).
5.05 Definitions. For the purposes of this Article, the following definitions shall apply:
(a) Annual Additions:The sum of the following amounts credited to a Participant's account
for the Limitation Year:
(1) Employer Contributions;
(2) Forfeitures;
(3) Employee contributions; and
(4) Allocations under a simplified employee pension.
Amounts allocated, after March 31, 1984, to an individual medical account, as defined
in section 415(1)(2) of the Code,which is part of a pension or annuity plan maintained
by the Employer, are treated as Annual Additions to a defined contribution plan.
For this purpose, any Excess Amount applied under Sections 5.03(d) or 5.04(f) in the
Limitation Year to reduce Employer Contributions will be considered Annual Additions
for such Limitation Year.
(b) Compensation:A Participant's wages, salaries, and fees for professional services and
other amounts received (without regard to whether an amount is paid in cash) for
personal services actually rendered in the course of employment with the Employer
maintaining the Plan to the extent that the amounts are includible in gross income
(including, but not limited to, bonuses, fringe benefits, and reimbursements or other
expense allowances under a nonaccountable plan (as described in Treas. Reg. section
1.62-2(c))), and excluding the following:
(1) Employer Contributions to a plan of deferred compensation which are not
includible in the Employee's gross income for the taxable year in which contrib-
uted, or Employer Contributions under a simplified employee pension plan
to the extent such contributions are deductible by the Employee, or any
distributions from a plan of deferred compensation; and
(2) Other amounts which received special tax benefits, or contributions made by
12
the Employer (whether or not under a salary reduction agreement) towards
the purchase of an annuity contract described in section 403(b) of the Code
(whether or not the amounts are actually excludable from the gross income of
the Employee).
(3) Notwithstanding the above, Compensation shall include:
(a) any elective deferrals (as defined in section 402(8)(3) of the Code), and
(b) any amount which is contributed or deferred by the Employer at the
election of the Employee and which is not includible in the gross income
of the Employee by reason of sections 125, 132(f)(4) or 457 of the Code.
For purposes of applying the limitations of this Article, Compensation for a Limitation
Year is the Compensation actually paid or made available during such year.
(c) Defined Contribution Dollar Limitation: $40,000, as adjusted for increases in the cost-
of-living in accordance with section 415(d) of the Code.
(d) Elective Deferrals: Any Employer Contributions made to the Plan at the election
of the Participant, in lieu of cash compensation. With respect to any taxable year, a
Participant's Elective Deferrals is the sum of all Employer Contributions made on
behalf of such Participant pursuant to an election to defer under any qualified CODA
described in section 401(k) of the Code, any salary reduction simplified employee
pension described in section 408(k)(6) of the Code, any SIMPLE IRA described in
section 408(p), and any plan described under section 501(c)(18) of the Code, and any
Employer Contributions made on the behalf of the Participant for the purchase of
an annuity contract under section 403(b) of the Code pursuant to a salary reduction
agreement. Elective Deferrals shall not include any deferrals properly distributed as
excess Annual Additions.
(e) Employer:The Employer that adopts this Plan.
(f) Excess Amount:The excess of the Participant's Annual Additions for the Limitation Year
over the Maximum Permissible Amount.
Any Excess Amount shall include allocable income.The income allocable to an Excess
Amount is equal to the sum of allocable gain or loss for the Plan Year and the allocable
gain or loss for the period between the end of the Plan Year and the date of distribution
(the gap period).The Plan may use any reasonable method for computing the income
allocable to an Excess Amount, provided that the method is used consistently for all
Participants and for all corrective distributions under the Plan for the Plan Year, and is
used by the Plan for allocating income to Participants'Accounts.
(g) Excess Elective Deferrals:Those Elective Deferrals of a Participant that either (1) are
made during the Participant's taxable year and exceed the dollar limitation under Code
section 402(g) (including, if applicable, the dollar limitation on Catch-up Contributions
defined in section 414(v) for such year); or (2) are made during a calendar year and
exceed the dollar limitation under Code section 402(g) (including, if applicable,
the dollar limitation on Catch-up Contributions defined in section 414(v)) for the
13
Participant's taxable year beginning in such calendar year, counting only Elective
Deferrals made under this Plan and any other plan, contract or arrangement maintained
by the Employer. Excess Elective Deferrals shall be treated as Annual Additions, as
defined under Section 5.05, unless such amounts are distributed no later than the first
April 15 following the close of the Participant's taxable year.
(h) Limitation Year:A calendar year, or the twelve (12) consecutive month period elected
by the Employer in the Adoption Agreement.All qualified plans maintained by the
Employer must use the same Limitation Year. If the Limitation Year is amended to a
different twelve (12) consecutive month period, the new Limitation Year must begin on
a date within the Limitation Year in which the amendment is made.
(i) Maximum Permissible Amount: Except for Catch-up Contributions described in Code
section 414(v), the maximum Annual Addition that may be contributed or allocated to a
Participant's Account under the Plan for any Limitation Year shall not exceed the lesser of:
(1) The Defined Contribution Dollar Limitation, or
(2) One hundred percent (100%) (25% for Limitation Years before January 1,
2002) of the Participant's Compensation for the Limitation Year.
The compensation limit referred to in (2) shall not apply to any contribution for
medical benefits after separation from service (within the meaning of section 401(h) or
section 419A(f)(2) of the Code) which is otherwise treated as an annual addition.
If a short Limitation Year is created because of an amendment changing the Limitation
Year to a different twelve (12) consecutive month period, the Maximum Permissible
Amount will not exceed the Defined Contribution Dollar Limitation multiplied by the
following fraction:
Number of months in the short Limitation Year: 12
VI. TRUST AND INVESTMENT OF ACCOUNTS
6.01 Trust. A Trust is hereby created to hold all of the assets of the Plan for the exclusive benefit of
Participants and Beneficiaries, except that expenses and taxes may be paid from the Trust as
provided in Section 6.03.The trustee shall be the Employer or such other person which agrees
to act in that capacity hereunder.
6.02 Investment Powers.The trustee or the Plan Administrator, acting as agent for the trustee, shall
have the powers listed in this Section with respect to investment of Trust assets, except to the
extent that the investment of Trust assets is controlled by Participants, pursuant to Section 13.03.
(a) To invest and reinvest the Trust without distinction between principal and income
in common or preferred stocks, shares of regulated investment companies and other
mutual funds, bonds, notes, debentures, mortgages, certificates of deposit, contracts
with insurance companies including but not limited to insurance, individual or group
annuity, deposit administration, guaranteed interest contracts, and deposits at reasonable
rates of interest at banking institutions including but not limited to savings accounts
14
and certificates of deposit.Assets of the Trust may be invested in securities that involve
a higher degree of risk than investments that have demonstrated their investment
performance over an extended period of time.
(b) To invest and reinvest all or any part of the assets of the Trust in any common, collective
or commingled trust fund that is maintained by a bank or other institution and that is
available to Employee plans qualified under section 401 of the Code, or any successor
provisions thereto, and during the period of time that an investment through any such
medium shall exist, to the extent of participation of the Plan, the declaration of trust of
such common, collective, or commingled trust fund shall constitute a part of this Plan.
(c) To invest and reinvest all or any part of the assets of the Trust in any group annuity,
deposit administration or guaranteed interest contract issued by an insurance company
or other financial institution on a commingled or collective basis with the assets of
any other plan or trust qualified under section 401(a) of the Code or any other plan
described in section 401(a)(24) of the Code, and such contract may be held or issued in
the name of the Plan Administrator, or such custodian as the Plan Administrator may
appoint, as agent and nominee for the Employer. During the period that an investment
through any such contract shall exist, to the extent of participation of the Plan, the
terms and conditions of such contract shall constitute a part of the Plan.
(d) To hold cash awaiting investment and to keep such portion of the Trust in cash or cash
balances, without liability for interest, in such amounts as may from time to time be
deemed to be reasonable and necessary to meet obligations under the Plan or otherwise
to be in the best interests of the Plan.
(e) To hold, to authorize the holding of, and to register any investment to the Trust in
the name of the Plan, the Employer, or any nominee or agent of any of the foregoing,
including the Plan Administrator, or in bearer form, to deposit or arrange for the deposit
of securities in a qualified central depository even though, when so deposited, such
securities may be merged and held in bulk in the name of the nominee of such depository
with other securities deposited therein by any other person, and to organize corporations
or trusts under the laws of any jurisdiction for the purpose of acquiring or holding title
to any property for the Trust, all with or without the addition of words or other action to
indicate that property is held in a fiduciary or representative capacity but the books and
records of the Plan shall at all times show that all such investments are part of the Trust.
(f) Upon such terms as may be deemed advisable by the Employer or the Plan
Administrator, as the case may be, for the protection of the interests of the Plan or for
the preservation of the value of an investment, to exercise and enforce by suit for legal
or equitable remedies or by other action, or to waive any right or claim on behalf of
the Plan or any default in any obligation owing to the Plan, to renew, extend the time
for payment of, agree to a reduction in the rate of interest on, or agree to any other
modification or change in the terms of any obligation owing to the Plan, to settle,
compromise, adjust, or submit to arbitration any claim or right in favor of or against
the Plan, to exercise and enforce any and all rights of foreclosure, bid for property in
foreclosure, and take a deed in lieu of foreclosure with or without paying consideration
therefor, to commence or defend suits or other legal proceedings whenever any interest
of the Plan requires it, and to represent the Plan in all suits or legal proceedings in any
court of law or equity or before any body or tribunal.
15
(g) To employ suitable consultants, depositories, agents, and legal counsel on behalf of the Plan.
(h) To open and maintain any bank account or accounts in the name of the Plan, the
Employer, or any nominee or agent of the foregoing, including the Plan Administrator,
in any bank or banks.
(i) To do any and all other acts that may be deemed necessary to carry out any of the
powers set forth herein.
6.03 Taxes and Expenses.All taxes of any and all kinds whatsoever that may be levied or assessed
under existing or future laws upon, or in respect to the Trust, or the income thereof, and all
commissions or acquisitions or dispositions of securities and similar expenses of investment and
reinvestment of the Trust, shall be paid from the Trust. Such reasonable compensation of the
Plan Administrator, as may be agreed upon from time to time by the Employer and the Plan
Administrator, and reimbursement for reasonable expenses incurred by the Plan Administrator
in performance of its duties hereunder (including but not limited to fees for legal, accounting,
investment and custodial services) shall also be paid from the Trust. However, no person who
is a fiduciary within the meaning of section 3(21)(A) of ERISA and regulations promulgated
thereunder, and who receives full-time pay from the Employer may receive compensation from
the Trust, except for expenses properly and actually incurred.
6.04 Payment of Benefits. The payment of benefits from the Trust in accordance with the terms
of the Plan may be made by the Plan Administrator, or by any custodian or other person so
authorized by the Employer to make such disbursement. Benefits under this Plan shall be paid
only if the Plan Administrator, custodian or other person decides in his/her discretion that the
applicant is entitled to them.The Plan Administrator, custodian or other person shall not be
liable with respect to any distribution of Trust assets made at the direction of the Employer.
6.05 Investment Funds. In accordance with uniform and nondiscriminatory rules established by
the Employer and the Plan Administrator, the Participant may direct his/her Accounts to be
invested in one (1) or more investment funds available under the Plan; provided, however, that
the Participant's investment directions shall not violate any investment restrictions established
by the Employer and shall not include any investment in collectibles, as defined in section
408(m) of the Code.
6.06 Valuation of Accounts.As of each Accounting Date, the Plan assets held in each investment
fund offered shall be valued at fair market value and the investment income and gains or losses
for each fund shall be determined. Such investment income and gains or losses shall be allocated
proportionately among all Account balances on a fund-by-fund basis.The allocation shall be in
the proportion that each such Account balance as of the immediately preceding Accounting Date
bears to the total of all such Account balances, as of that Accounting Date. For purposes of this
Article, all Account balances include the Account balances of all Participants and Beneficiaries.
6.07 Participant Loan Accounts. Participant Loan Accounts shall be invested in accordance with
Section 13.03 of the Plan. Such Accounts shall not share in any investment income and gains or
losses of the investment funds described in Section 6.05.
16
VII. VESTING
7.01 Vesting Schedule.The portion of a Participant's Account attributable to Elective Deferrals,
Catch-up Contributions, Mandatory Participant Contributions, and Voluntary Participant
Contributions, and the earnings thereon, shall be at all times nonforfeitable by the Participant.
A Participant shall have a Nonforfeitable Interest in the percentage of his/her Employer
Contribution Account established under Section 4.01, 4.05, 18.02(a), and 19.02(a) determined
pursuant to the schedule elected by the Employer in the Adoption Agreement.
7.02 Crediting Periods of Service. Except as provided in Section 7.03, all of an Employee's Periods
of Service with the Employer are counted to determine the nonforfeitable percentage in the
Employee's Account balance derived from Employer Contributions. If the Employer maintains
the plan of a predecessor employer, service with such employer will be treated as service for the
Employer.
For purposes of determining years of service and Breaks in Service for the purposes of
computing a Participant's nonforfeitable right to the Account balance derived from Employer
Contributions, the twelve (12) consecutive month period will commence on the date the
Employee first performs an hour of service and each subsequent twelve (12) consecutive month
period will commence on the anniversary of such date.
7.03 Service After Break in Service. In the case of a Participant who has a Break in Service of at
least five (5) years, all Periods of Service after such Breaks in Service will be disregarded for the
purpose of determining the nonforfeitable percentage of the Employer-derived Account balance
that accrued before such Break, but both pre-Break and post-Break service will count for the
purposes of vesting the Employer-derived Account balance that accrues after such Break, Both
Accounts will share in the earnings and losses of the fund.
In the case of a Participant who does not have a Break in Service of at least five (5) years, both
the pre-Break and post-Break service will count in vesting both the pre-Break and post-Break
Employer-derived Account balance.
In the case of a Participant who does not have any nonforfeitable right to the Account balance
derived from Employer Contributions, years of service before a period of consecutive one (1)
year Breaks in Service will not be taken into account in computing eligibility service if the
number of consecutive one (1) year Breaks in Service in such period equals or exceeds the
greater of five (5) or the aggregate number of years of service. Such aggregate number of years of
service will not include any years of service disregarded under the preceding sentence by reason
of prior Breaks in Service.
If a Participant's years of service are disregarded pursuant to the preceding paragraph, such
Participant will be treated as a new Employee for eligibility purposes. If a Participant's years
of service may not be disregarded pursuant to the preceding paragraph, such Participant shall
continue to participate in the Plan, or, if terminated, shall participate immediately upon
reemployment.
7.04 Vesting Upon Normal Retirement Age. Notwithstanding Section 7.01 of the Plan, a Participant
shall have a Nonforfeitable Interest in his/her entire Employer Contribution Account, to the
extent that the balance of such Account has not previously been forfeited pursuant to Section
7.06 of the Plan, if he/she is employed on or after his/her Normal Retirement Age.
17
7.05 Vesting Upon Death or Disability. Notwithstanding Section 7.01 of the Plan, in the event of
Disability or death, a Participant or his/her Beneficiary shall have a Nonforfeitable Interest in
his/her entire Employer Contribution Account, to the extent that the balance of such Account
has not previously been forfeited pursuant to Section 7.06 of the Plan.
7.06 Forfeitures. Except as provided in Sections 7.04 and 7.05 of the Plan or as otherwise provided
in this Section 7.06, a Participant who separates from service prior to obtaining full vesting shall
forfeit that percentage of his/her Employer Contribution Account balance which has not vested as
of the date such Participant incurs a Break in Service of five (5) consecutive years or, if earlier, the
date such Participant receives, or is deemed under the provisions of Section 9.04 to have received,
distribution of the entire Nonforfeitable Interest in his/her Employer Contribution Account.
No forfeiture will occur solely as a result of a Participant's withdrawal of Employee Contributions.
Forfeitures shall be allocated in the manner described in Section 4.02.
7.07 Reinstatement of Forfeitures. If the Participant returns to the employment of the Employer
before incurring a Break in Service of five (5) consecutive years, any amounts forfeited pursuant
to Section 7.06 shall be reinstated to the Participant's Employer Contribution Account on the
date of repayment by the Participant of the amount distributed to such Participant from his/her
Employer Contribution Account; provided, however, that if such Participant forfeited his/her
Account balance by reason of a deemed distribution, pursuant to Section 9.04, such amounts
shall be automatically restored upon the reemployment of such Participant. Such repayment
must be made before the earlier of five (5) years after the first date on which the Participant is
subsequently reemployed by the Employer, or the date the Participant incurs a Break in Service
of five (5) consecutive years.
VIII. BENEFITS CLAIM
8.01 Claim of Benefits.A Participant or Beneficiary shall notify the Plan Administrator in writing
of a claim of benefits under the Plan.The Plan Administrator shall take such steps as may be
necessary to facilitate the payment of such benefits to the Participant or Beneficiary.
8.02 Appeal Procedure. If any claim for benefits is initially denied by the Plan Administrator, the
claimant shall file the appeal with the Employer, whose decision shall be final, to the extent
provided by Section 15.07.
IX. COMMENCEMENT OF BENEFITS
9.01 Normal and Elective Commencement of Benefits.A Participant who retires, becomes Disabled
or incurs a severance from employment (separation from service for Plan Years beginning before
2002) for any other reason may elect by written notice to the Plan Administrator to have his
or her vested Account balance benefits commence on any date, provided that such distribution
complies with Section 9.02. Such election must be made in writing during the ninety(90) day
period ending on the date as of which benefit payments are to commence. A Participant's election
shall be revocable and may be amended by the Participant.
Except as otherwise provided under the Plan, a Participant's Elective Deferrals and income allocable
thereto are not distributable to a Participant or his/her Beneficiary(ies), in accordance with
18
such Participant's or Beneficiary(ies) election, earlier than upon the Participant's severance from
employment (separation from service for Plan Years beginning before 2002), death, or Disability.
The failure of a Participant to consent to a distribution while a benefit is immediately
distributable, within the meaning of section 9.02 of the Plan, shall be deemed to be an election
to defer commencement of payment of any benefit sufficient to satisfy this section.
9.02 Restrictions on Immediate Distributions. Notwithstanding anything to the contrary
contained in Section 9.01 of the Plan, if the value of a Participant's vested Account balance is
at least $1,000, and the Account balance is immediately distributable, the Participant must
consent to any distribution of such Account balance.The Participant's consent shall be obtained
in writing during the ninety (90) day period ending on the date as of which benefit payments
are to commence. No consent shall be required, however, to the extent that a distribution is
required to satisfy section 401(a)(9) or 415 of the Code.
The Plan Administrator shall notify the Participant of the right to defer any distribution until
the Participant's Account balance is no longer immediately distributable. Such notification shall
include a general description of the material features, and an explanation of the relative values
of, the optional forms of benefit available under the Plan in a manner that would satisfy section
417(a)(3) of the Code, and shall be provided no less than thirty (30) and no more than ninety
(90) days before the date as of which benefit payments are to commence. However, distribution
may commence less than thirty (30) days after the notice described in the preceding sentence
is given, provided the distribution is one to which sections 401(a)(11) and 417 of the Code do
not apply or, if the QJSA Election is made by the Employer in the Adoption Agreement, the
waiver requirements of Section 17.04(a) are met, the Plan Administrator clearly informs the
Participant that the Participant has a right to a period of at least thirty (30) days after receiving
the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a
particular distribution option), and the Participant, after receiving the notice affirmatively elects
a distribution.
In addition, upon termination of this Plan, if the Plan does not offer an annuity option (purchased
from a commercial provider) and if the Employer does not maintain another 401(a) defined
contribution plan, the Participant's Account balance will,without the Participant's consent, be
distributed to the Participant in a lump sum. However, if the Employer maintains another 401(a)
defined contribution plan, the Participant's Account will be transferred,without the Participant's
consent, to the other plan if the Participant does not consent to an immediate distribution.
An Account balance is immediately distributable if any part of the Account balance could be
distributed to the Participant (or surviving spouse) before the Participant attains or would have
attained (if not deceased) the later of Normal Retirement Age or age sixty-two (62).
For purposes of determining the applicability of the foregoing consent requirements to
distributions made before the first day of the first plan year beginning after December 31, 1988,
the Participant's vested Account balance shall not include amounts attributable to accumulated
deductible employee contributions within the meaning of section 72(o)(5)(B) of the Code.
9.03 Transfer to Another Plan.
(a) If a Participant becomes eligible to participate in another plan maintained by the
Employer that is qualified under section 401(a) of the Code, the Plan Administrator
19
shall, at the written election of such Participant, transfer all or part of such Participant's
Account to such plan, provided the plan administrator for such plan certifies to the
Plan Administrator that its plan provides for the acceptance of such a transfer. Such
transfers shall include those transfers of the nonforfeitable interest of a Participant's
Account made for the purchase of service credit in defined benefit plans maintained
by the Employer. For purposes of this Plan, any such transfer shall not be considered a
distribution to the Participant subject to spousal consent as described in Section 9.11.
(b) Notwithstanding any provision of the Plan to the contrary that would otherwise limit
a Distributee's election under this Section, a Distributee may elect, at the time and in
the manner prescribed by the Plan Administrator, to have any portion of an Eligible
Rollover Distribution paid directly to an Eligible Retirement Plan specified by the
Distributee in a Direct Rollover.
(c) Definitions. For the purposes of Subsection (b), the following definitions shall apply:
(1) Eligible Rollover Distribution. Any distribution of all or any portion of the
balance to the credit of the Distributee, except that an Eligible Rollover
Distribution does not include: (i) any distribution that is one of a series of
substantially equal periodic payments (not less frequently than annually) made
for the life (or life expectancy) of the Distributee or the joint lives (or joint life
expectancies) of the Distributee and the Distributee's designated beneficiary,
or for a specified period of ten years or more; (ii) any distribution to the extent
such distribution is required under section 401(a)(9) of the Code; (iii) any
hardship distribution; and (iv) the portion of any other distribution(s) that is
not includible in gross income.
A portion of a distribution shall not fail to be an eligible rollover distribution
merely because the portion consists of after-tax employee contributions which
are not includible in gross income. However, such portion may be transferred
only to an individual retirement account or annuity described in section 408(a)
or (b) of the Code, or to a qualified defined contribution plan described in
section 401(a) or 403(a) of the Code that agrees to separately account for
amounts so transferred, including separately accounting for the portion of
such distribution which is includible in gross income and the portion of such
distribution which is not so includible.
(2) Eligible Retirement Plan. (i) an individual retirement account described in
section 408(a) of the Code or an individual retirement annuity described
in section 408(b) of the Code (collectively, an "IRA"); (ii) an annuity plan
described in section 403(a) of the Code; (iii) an annuity contract described in
section 403(b) of the Code; (iv) an eligible plan under section 457(b) of the
Code which is maintained by a state, political subdivision of a state, or any
agency or instrumentality of a state or political subdivision of a state and which
agrees to separately account for amounts transferred into such plan from this
Plan; or (v) a qualified plan described in section 401(a) of the Code, that accepts
the Distributee's Eligible Rollover Distribution.The definition of Eligible
Retirement Plan shall also apply in the case of a distribution to a surviving
spouse, or to a spouse or former spouse who is the alternate payee under a
20
qualified domestic relations order, as defined in section 414(p) of the Code.
(3) Distributee. Participant; in addition, the Participant's surviving spouse and the
spouse or former spouse who is the alternate payee under a qualified domestic
relations order, as defined in section 414(p) of the Code, are Distributees with
regard to the interest of the spouse or former spouse.
(4) Direct Rollover. A payment by the Plan to the Eligible Retirement Plan specified
by the Distributee.
9.04 De Minimis Accounts. Notwithstanding the foregoing provisions of this Article, prior to
January 1, 2002, if a Participant terminates service, and the value of his/her Nonforfeitable
Interest in his/her Account is not greater than the dollar limit under section 411(a)(11)(A) of
the Code, the Participant's benefit shall be paid (to the extent it constitutes an Eligible Rollover
Distribution) in the form of a direct rollover to the Plan Administrator's designated IRA, unless
he/she affirmatively elects to receive a cash payment or a Direct Rollover in accordance with
procedures established by the Plan Administrator.
On or after January 1, 2002,if a Participant terminates service, and the value of his/her
Nonforfeitable Interest in his/her Account is less than$1,000, the Participant's benefit shall be
paid as soon as practicable to the Participant in a single lump sum distribution. If the value of the
Participant's Account is at least$1,000 but not more than the dollar limit under section 411(a)(11)
(A) of the Code, the Participant may elect to receive his/her Nonforfeitable Interest in his/her Ac-
count. Such distribution shall be made as soon as practicable following the request, in a lump sum.
For purposes of this Section, if a Participant's Nonforfeitable Interest in his/her Account is zero,
the Participant shall be deemed to have received a distribution of such Nonforfeitable Interest in
his/her Account.
9.05 Withdrawal of Voluntary Contributions.A Participant may upon written request withdraw
a part of or the full amount of his/her Voluntary Contribution Account. Such withdrawals
may be made at any time, provided that no more than two (2) such withdrawals may be made
during any calendar year. No forfeiture will occur solely as the result of any such withdrawal.
9.06 Withdrawal of Deductible Employee Contributions.A Participant may upon written
request withdraw a part of or the full amount of his/her Deductible Employee Contribution
Account. Such withdrawals may be made at any time, provided that no more than two (2) such
withdrawals may be made during any calendar year. No forfeiture will occur solely as the result
of any such withdrawal.
9.07 Hardship Withdrawals.
(a) Where elected by the Employer in the Adoption Agreement for a profit-sharing plan
containing a 401(k) arrangement, distribution of nonforfeitable amounts attributable to
Employer Contributions and/or Elective Deferrals (including Catch-up Contributions
but not including earnings attributable to Elective Deferrals accrued after December 31,
1988) may be made to a Participant in the event of hardship.A hardship distribution
may only be made on account of an immediate and heavy financial need of the Employee
and where the distribution is necessary to satisfy the immediate and heavy financial need.
21
(b) Special Rules:
(1) The following are the only financial needs considered immediate and heavy (or
as otherwise provided for under Treasury Regulation section 1.401(k)-1(d)(3)
(iii)(B) or any subsequence guidance thereto):
(a) Expenses for medical care (within the meaning of section 213(d) of the
Code) previously incurred or necessary to obtain medical care for the
Employee, the Employee's spouse or dependents;
(b) Costs directly related to the purchase (excluding mortgage payments) of
a principal residence for the Employee;
(c) Payment of tuition and related educational fees for the next twelve (12)
months of post-secondary education for the Employee, the Employee's
spouse, children or dependents;
(d) Payments necessary to prevent the eviction of the Employee from, or a
foreclosure on the mortgage of, the Employee's principal residence; or
(e) Payments for funeral or burial expenses for the Employee's deceased
parent, spouse, child or dependent and expenses to repair damage to
the Employee's principal residence that would qualify for a casualty
loss deduction under Code section 165 (determined without regard to
whether the loss exceeds 10 percent of adjusted gross income).The last
two needs (funeral expenses and home repair) only apply to Plan Years
beginning after 2005.
(2) A distribution will be considered as necessary to satisfy an immediate and heavy
financial need of the employee only if:
(a) The distribution is not in excess of the amount of an immediate and
heavy financial need, including amounts necessary to pay any federal,
state, or local income taxes or penalties reasonably anticipated to result
from the distribution;
(b) The Employee has obtained all distributions, other than hardship
distributions, and all nontaxable loans under all plans maintained by the
Employer; and
(c) All plans maintained by the Employer provide that the Employee's
Elective Deferrals (and Employee contributions) will be suspended for
six (6) months (12 months, for hardship distributions before 2002) after
the receipt of the hardship distribution;
9.08 In-Service Distributions.
If elected by the Employer in the Adoption Agreement, a Participant who has attained age 591/2
and has a Nonforfeitable Interest in his/her entire Employer Contribution Account shall, upon
written request, receive a distribution of a part of or the full amount of the balance in any or all
22
of his vested Accounts. Such distributions may be requested at any time, provided that no more
than two (2) such distributions may be made during any calendar year.
Unless otherwise elected by the Employer in the Adoption Agreement, a Participant who has
reached age 701 regardless of his Nonforfeitable Interest in his/her entire Employer Contribution
Account, shall, upon written request, receive a distribution of a part of or the full amount of the
balance in any or all of his vested Accounts. Such distributions may be requested at any time,
provided that no more than two (2) such distributions may be made during any calendar year.
9.09 In-Service Distribution from Rollover Account.Where elected by the Employer in the
Adoption Agreement, a Participant that has a separate account attributable to rollover
contributions to the Plan, may at any time elect to receive a distribution of all or any portion of
the amount held in the Rollover Account.
9.10 Latest Commencement of Benefits. Notwithstanding anything to the contrary in this Article,
benefits shall begin no later than the Participant's Required Beginning Date, as defined under
Section 10.05, or as otherwise provided in Section 10.04.
9.11 Spousal Consent. Notwithstanding the foregoing, if the Employer elected the QISA Election
in the Adoption Agreement, a married Participant must first obtain his or her spouse's
notarized consent to request a distribution (other than a Qualified Joint and Survivor Annuity),
withdrawal, or rollover under this Article IX.
X. DISTRIBUTION REQUIREMENTS
10.01 General Rules.
(a) Subject to the provisions of Article XII or XVII if so elected by the Employer in the
Adoption Agreement, the requirements of this Article shall apply to any distribution of
a Participant's interest and will take precedence over any inconsistent provisions of this
Plan. Unless otherwise specified, the provisions of this Article X apply to calendar years
beginning after December 31, 2002.
With respect to distributions under the Plan made in or for Plan Years beginning
on or after January 1, 2002 and prior to January 1, 2003, the Plan will apply the
minimum distribution requirements of section 401(a)(9) of the Code in accordance
with the regulations under section 401(a)(9) that were proposed on January 17, 2001,
notwithstanding any provision of the Plan to the contrary.
(b) All distributions required under this Article shall be determined and made in
accordance with the regulations under section 401(a)(9) of the Code, and the minimum
distribution incidental benefit requirement of section 401(a)(9)(G) of the Code.
(c) Limits on Distribution Periods. As of the first Distribution Calendar Year, distributions
to a Participant, if not made in a single-sum, may only be made over one of the fol-
lowing periods:
(1) The life of the Participant,
(2) The joint lives of the Participant and a designated Beneficiary,
23
(3) A period certain not extending beyond the life expectancy of the Participant, or
(4) A period certain not extending beyond the joint and last survivor expectancy of
the Participant and a designated Beneficiary.
(d) TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this
Article X, distributions may be made under a designation made before January 1, 1984,
in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act
(TEFRA) and the provisions of the Plan that relate to Section 242(b)(2) of TEFRA.
10.02 Time and Manner of Distribution
(a) Required Beginning Date.The Participant's entire interest will be distributed, or begin to
be distributed, to the Participant no later than the Participant's required beginning date.
(b) Death of Participant Before Distributions Begin. If the Participant dies before
distributions begin, the Participant's entire interest will be distributed, or begin to be
distributed, no later than as follows:
(1) If the Participant's surviving spouse is the Participant's sole designated
Beneficiary, then, distributions to the surviving spouse will begin by December
31 of the calendar year immediately following the calendar year in which
the Participant died, or by December 31 of the calendar year in which the
Participant would have attained age 701/2, if later.
(2) If the Participant's surviving spouse is not the Participant's sole designated
Beneficiary, then distributions to the designated Beneficiary will begin by
December 31 of the calendar year immediately following the calendar year in
which the Participant died.
(3) If there is no designated Beneficiary as of September 30 of the year following the
year of the Participant's death, the Participant's entire interest will be distributed
by December 31 of the calendar year containing the fifth anniversary of the
Participant's death.
(4) If the Participant's surviving spouse is the Participant's sole designated
Beneficiary and the surviving spouse dies after the Participant but before
distributions to the surviving spouse begin, this Section 10.02(b), other than
Section 10.02(b)(1), will apply as if the surviving spouse were the Participant.
For purposes of this Section 10.02(b) and Section 10.04, unless Section 10.02(b)(4)
applies, distributions are considered to begin on the Participant's required beginning
date. If Section 10.02(b)(4) applies, distributions are considered to begin on the date
distributions are required to begin to the surviving spouse under Section 10.02(b)(1).
If distributions under an annuity purchased from an insurance company irrevocably
commence to the Participant before the Participant's required beginning date (or to the
Participant's surviving spouse before the date distributions are required to begin to the
surviving spouse under Section 10.02(b)(1)), the date distributions are considered to
begin is the date distributions actually commence.
24
(c) Forms of Distribution. Unless the Participant's interest is distributed in the form of
an annuity purchased from an insurance company or in a single sum on or before the
required beginning date, as of the first distribution calendar year distributions will
be made in accordance with Sections 10.03 and 10.04. If the Participant's interest
is distributed in the form of an annuity purchased from an insurance company,
distributions thereunder will be made in accordance with the requirements of Code
Section 401(a)(9) and the Treasury Regulations.
10.03 Required Minimum Distributions During Participant's Lifetime
(a) Amount of Required Minimum Distribution For Each Distribution Calendar Year.
During the Participant's lifetime, the minimum amount that will be distributed for each
distribution calendar year is the lesser of:
(1) the quotient obtained by dividing the Participant's Account Balance by the
distribution period set forth in the Uniform Lifetime Table found in Section
1.401(a)(9)-9, Q&A-2, of the Final Income Tax Regulations using the
Participant's age as of the Participant's birthday in the distribution calendar year;
or
(2) if the Participant's sole designated Beneficiary for the distribution calendar year
is the Participant's spouse, the quotient obtained by dividing the Participant's
Account Balance by the number in the Joint and Last Survivor Table set forth
in Section 1.401(a)(9)-9, Q&A-3, of the regulations using the Participant's
and spouse's attained ages as of the Participant's and spouse's birthdays in the
distribution calendar year.
(b) Lifetime Required Minimum Distributions Continue Through Year of Participant's
Death. Required minimum distributions will be determined under this Section 10.03
beginning with the first distribution calendar year and continuing up to, and including,
the distribution calendar year that includes the Participant's date of death.
10.04 Required Minimum Distributions After Participant's Death
(a) Death On or After Date Distributions Begin.
(1) Participant Survived by Designated Beneficiary. If the Participant dies on or
after the date distributions begin and there is a designated Beneficiary, the
minimum amount that will be distributed for each distribution calendar year
after the year of the Participant's death is the quotient obtained by dividing the
Participant's Account Balance by the longer of the remaining life expectancy of
the Participant or the remaining life expectancy of the Participant's designated
Beneficiary, determined as follows:
(a) The Participant's remaining life expectancy is calculated using the age of the
Participant in the year of death, reduced by one for each subsequent year.
(b) If the Participant's surviving spouse is the Participant's sole designated
Beneficiary, the remaining life expectancy of the surviving spouse
is calculated for each distribution calendar year after the year of the
25
Participant's death using the surviving spouse's age as of the spouse's
birthday in that year. For distribution calendar years after the year of the
surviving spouse's death, the remaining life expectancy of the surviving
spouse is calculated using the age of the surviving spouse as of the
spouse's birthday in the calendar year of the spouse's death, reduced by
one for each subsequent calendar year.
(c) If the Participant's surviving spouse is not the Participant's sole
designated Beneficiary, the designated Beneficiary's remaining life
expectancy is calculated using the age of the Beneficiary in the year
following the year of the Participant's death, reduced by one for each
subsequent year.
(2) No Designated Beneficiary. If the Participant dies on or after the date
distributions begin and there is no designated Beneficiary as of September
30 of the year after the year of the Participant's death, the minimum amount
that will be distributed for each distribution calendar year after the year of the
Participant's death is the quotient obtained by dividing the Participant's Account
Balance by the Participant's remaining life expectancy calculated using the age of
the Participant in the year of death, reduced by one for each subsequent year.
(b) Death Before Date Required Distributions Begin.
(1) Participant Survived by Designated Beneficiary. If the Participant dies before
the date required distributions begin and there is a designated Beneficiary, the
minimum amount that will be distributed for each distribution calendar year
after the year of the Participant's death is the quotient obtained by dividing
the Participant's Account Balance by the remaining life expectancy of the
Participant's designated Beneficiary, determined as provided in Section 10.04(a).
(2) No Designated Beneficiary. If the Participant dies before the date distributions
begin and there is no designated Beneficiary as of September 30 of the year
following the year of the Participant's death, distribution of the Participant's
entire interest will be completed by December 31 of the calendar year
containing the fifth anniversary of the Participant's death.
(3) Death of Surviving Spouse Before Distributions to Surviving Spouse Are
Required to Begin. If the Participant dies before the date distributions begin,
the Participant's surviving spouse is the Participant's sole designated Beneficiary,
and the surviving spouse dies before distributions are required to begin to the
surviving spouse under Section 10.02(b)(1), this Section 10.04(b) will apply as
if the surviving spouse were the Participant.
10.05 Definitions
(a) Designated Beneficiary.The individual who is designated by the Participant (or the
Participant's surviving spouse) as the Beneficiary of the Participant's interest under the
Plan and who is the designated Beneficiary under Code Section 401(a)(9) and Section
1.401(a)(9)-4 of the regulations.
26
(b) Distribution Calendar Year. A calendar year for which a minimum distribution is
required. For distributions beginning before the Participant's death, the first distribution
calendar year is the calendar year immediately preceding the calendar year which
contains the Participant's required beginning date. For distributions beginning after
the Participant's death, the first distribution calendar year is the calendar year in which
distributions are required to begin under Section 10.02(b).The required minimum
distribution for the Participant's first distribution calendar year will be made on or
before the Participant's required beginning date.The required minimum distribution for
other distribution calendar years, including the required minimum distribution for the
distribution calendar year in which the Participant's required beginning date occurs, will
be made on or before December 31 of that distribution calendar year.
(c) Life Expectancy. Life expectancy as computed by use of the Single Life Table in Section
1.401(a)(9)-9, Q&A-1, of the regulations.
(d) Participant's Account Balance.The Account Balance as of the last Accounting Date
in the calendar year immediately preceding the distribution calendar year (valuation
calendar year) increased by the amount of any contributions made and allocated or
forfeitures allocated to the Account Balance as of dates in the valuation calendar year
after the Accounting Date and decreased by distributions made in the valuation calendar
year after the Accounting Date.The Account Balance for the valuation calendar year
includes any amounts rolled over or transferred to the Plan either in the valuation
calendar year or in the distribution calendar year if distributed or transferred in the
valuation calendar year.
(e) Required Beginning Date.The Required Beginning Date of a Participant is April 1 of
the calendar year following the later of the calendar year in which the Participant attains
age seventy and one-half(701/2), or the calendar year in which the Participant retires.
XI. MODES OF DISTRIBUTION OF BENEFITS
11.01 Normal Mode of Distribution. Unless an elective mode of distribution is elected as provided
in Section 11.02, benefits shall be paid to the Participant in the form of a lump sum payment.
Notwithstanding the foregoing, where the Employer made the "QJSA Election" in the Adoption
Agreement, unless an elective mode of distribution is elected in accordance with Article XVII,
benefits shall be paid to the Participant in the form provided for in Article XVII.
11.02 Elective Mode of Distribution. Subject to the requirements of Articles X, XII and XVII,
a Participant may revocably elect to have his/her Account distributed in any one (1) of the
following modes in lieu of the mode described in Section 11.01:
(a) Equal Payments. Equal monthly, quarterly, semi-annual, or annual payments in an
amount chosen by the Participant continuing until the Account is exhausted.
(b) Period Certain. Approximately equal monthly, quarterly, semi-annual, or annual
payments, calculated to continue for a period certain chosen by the Participant.
(c) Other. Any other sequence of payments requested by the Participant.
27
(d) Lump Sum. Where the Employer did make the QJSA Election in the Adoption
Agreement, a Participant may also elect a lump sum payment.
11.03 Election of Mode.A Participant's election of a payment option must be made in writing
between thirty (30) and ninety (90) days before the payment of benefits is to commence.
11.04 Death Benefits. Subject to Article X(and Article XII or XVII if so elected by the Employer in
the Adoption Agreement),
(a) In the case of a Participant who dies before he/she has begun receiving benefit
payments, the Participant's entire Nonforfeitable Interest shall then be payable to his/
her Beneficiary within ninety (90) days of the Participant's death. A Beneficiary who is
entitled to receive benefits under this Section may elect to have benefits commence at a
later date, subject to the provisions of Article X.The Beneficiary may elect to receive the
death benefit in any of the forms available to the Participant under Sections 11.01 and
11.02.If the Beneficiary is the Participant's surviving spouse, and such surviving spouse
dies before payment commences, then this Section shall apply to the beneficiary of the
surviving spouse as though such surviving spouse were the Participant.
(b) Should the Participant die after he/she has begun receiving benefit payments, the
Beneficiary shall receive the remaining benefits, if any, that are payable, under the
payment schedule elected by the Participant. Notwithstanding the foregoing, the Benefi-
ciary may elect to accelerate payments of the remaining balances, including but not
limited to, a lump sum distribution.
XII. SPOUSAL DEATH BENEFIT REQUIREMENTS
12.01 Application. Unless otherwise elected by the Employer in the Adoption Agreement, on or
after January 1, 2006, the provisions of this Article shall take precedence over any conflicting
provision in this Plan.The provisions of this Article, known as the "Beneficiary Spousal
Consent Election," shall apply to any Participant who is credited with any Period of Service
with the Employer on or after August 23, 1984, and such other Participants as provided in
Section 12.04.
12.02 Spousal Death Benefit.
(a) On the death of a Participant, the Participant's Vested Account Balance will be paid to
the Participant's Surviving Spouse. If there is no Surviving Spouse, or if the Participant
has waived the spousal death benefit, as provided in Section 12.03, such Vested Account
Balance will be paid to the Participant's designated Beneficiary.
(b) The Surviving Spouse may elect to have distribution of the Vested Account Balance
commence within the ninety (90) day period following the date of the Participant's
death, or as otherwise provided under Section 11.04.The Account balance shall be
adjusted for gains or losses occurring after the Participant's death in accordance with the
provisions of the Plan governing the adjustment of Account balances for other types of
distributions.
28
12.03 Waiver of Spousal Death Benefit.
(a) The Participant may waive the spousal death benefit described in Section 12.02 at any
time; provided that no such waiver shall be effective unless: (a) the Participant's Spouse
consents in writing to the election; (b) the election designates a specific Beneficiary,
including any class of Beneficiaries or any contingent Beneficiaries, which may not
be changed without spousal consent (or the Spouse expressly permits designations
by the Participant without any further spousal consent); (c) the Spouse's consent
acknowledges the effect of the election; and (d) the Spouse's consent is witnessed by
a Plan representative or notary public. If it is established to the satisfaction of a Plan
representative that there is no Spouse or that the Spouse cannot be located, a waiver will
be deemed to meet the requirements of this Section.
Any consent by a Spouse obtained under this provision (or establishment that the
consent of a Spouse may not be obtained) shall be effective only with respect to such
Spouse.A consent that permits designations by the Participant without any requirement
of further consent by such Spouse must acknowledge that the Spouse has the right to
limit consent to a specific Beneficiary, and a specific form of benefit where applicable,
and that the Spouse voluntarily elects to relinquish either or both of such rights. A
revocation of a prior waiver may be made by a Participant without the consent of the
Spouse at any time before the commencement of benefits.The number of revocations
shall not be limited.
12.04 Definitions. For the purposes of this Section, the following definitions shall apply:
(a) Spouse (Surviving Spouse):The Spouse or Surviving Spouse of the Participant, provided
that a former Spouse will be treated as the Spouse or Surviving Spouse and a current
Spouse will not be treated as the Spouse or Surviving Spouse to the extent provided
under a qualified domestic relations order as described in section 414(p) of the Code.
(b) Vested Account Balance:The aggregate value of the Participant's vested Account
balances derived from Employer and Employee contributions (including rollovers),
whether vested before or upon death, including the proceeds of insurance contracts, if
any, on the Participant's life.The provisions of this Article shall apply to a Participant
who is vested in amounts attributable to Employer Contributions, Employee
contributions (or both) at the time of death or distribution.
XIII. LOANS TO PARTICIPANTS
13.01 Availability of Loans to Participants.
(a) If the Employer has elected in the Adoption Agreement to make loans available to
Participants, a Participant may apply for a loan from the Plan subject to the limitations
and other provisions of this Article.
(b) The Employer shall establish written guidelines governing the granting of loans,
provided that such guidelines are approved by the Plan Administrator and are not
inconsistent with the provisions of this Article, and that loans are made available to all
Participants on a reasonably equivalent basis.
29
13.02 Terms and Conditions of Loans to Participants. Any loan by the Plan to a Participant under
Section 13.01 of the Plan shall satisfy the following requirements:
(a) Availability. Loans shall be made available to all Participants on a reasonably equivalent
basis.
(b) Nondiscrimination. Loans shall not be made to highly compensated Employees in an
amount greater than the amount made available to other Employees.
(c) Interest Rate. Loans must be adequately secured and bear a reasonable interest rate.
(d) Loan Limit. No Participant loan shall exceed the present value of the Participant's
Nonforfeitable Interest in his/her Account.
(e) Foreclosure. In the event of default, foreclosure on the note and attachment of security
will not occur until a distributable event occurs in the Plan.
(f) Reduction of Account. Notwithstanding any other provision of this Plan, the portion
of the Participant's vested Account balance used as a security interest held by the Plan
by reason of a loan outstanding to the Participant shall be taken into account for
purposes of determining the amount of the Account balance payable at the time of
death or distribution, but only if the reduction is used as repayment of the loan. If less
than one hundred percent (100%) of the Participant's nonforfeitable Account balance
(determined without regard to the preceding sentence) is payable to the surviving
spouse, then the Account balance shall be adjusted by first reducing the nonforfeitable
Account balance by the amount of the security used as repayment of the loan, and then
determining the benefit payable to the surviving spouse.
(g) Amount of Loan.At the time the loan is made, the principal amount of the loan plus
the outstanding balance (principal plus accrued interest) due on any other outstanding
loans to the Participant or Beneficiary from the Plan and from all other plans of the
Employer that are qualified employer plans under section 72(p)(4) shall not exceed the
lesser of:
(1) $50,000, reduced by the excess (if any) of
(a) The highest outstanding balance of loans from the Plan during the one
(1) year period ending on the day before the date on which the loan is
made, over
(b) The outstanding balance of loans from the Plan on the date on which
such loan is made; or
(2) One-half(l ) of the value of the Participant's Nonforfeitable Interest in all
of his/her Accounts under this Plan (or$10,000, if greater, for loans prior to
January 1, 2006).
For the purpose of the above limitation, all loans from all qualified employer plans,
including 457(b) plans, under Code section 72(p)(4) are aggregated.
30
(h) Application for Loan. The Participant must give the Employer adequate written notice,
as determined by the Employer, of the amount and desired time for receiving a loan.
No more than one (1) loan may be made by the Plan to a Participant in any calendar
year. No loan shall be approved if an existing loan from the Plan to the Participant is in
default to any extent.
(i) Length of Loan. The terms of any loan issued or renegotiated after December 31,
1993, shall require the Participant to repay the loan in substantially equal installments
of principal and interest, at least quarterly (except as otherwise provided in Treasury
Regulation section 1.72(p)-1, Q&A-9 for certain leave of absence and military leave),
over a period that does not exceed five (5) years from the date of the loan; provided,
however, that if the proceeds of the loan are applied by the Participant to acquire any
dwelling unit that is to be used within a reasonable time after the loan is made as the
principal residence of the Participant, the five (5) year limit shall not apply. In this
event, the period of repayment shall not exceed a reasonable period determined by
the Employer. Principal installments and interest payments otherwise due may be sus-
pended during an authorized leave of absence, if the promissory note so provides, but
not beyond the original term permitted under this Subsection (i), with a revised pay-
ment schedule (within such term) instituted at the end of such period of suspension.
If the Participant fails to make any installment payment, the Plan Administrator may,
according to Treasury Regulation 1.72(p)-1, allow a cure period, which cure period
cannot continue beyond the last day of the calendar quarter following the calendar
quarter in which the required installment payment was due.
(j) Prepayment. The Participant shall be permitted to repay the loan in whole or in part at
any time prior to maturity, without penalty.
(k) Note.The loan shall be evidenced by a promissory note executed by the Participant and
delivered to the Employer, and shall bear interest at a reasonable rate determined by the
Employer.
Unless waived by a Participant, any plan loan that is outstanding on the date that active
duty military service begins will accrue interest at a rate of no more than 6% during the
period of military service in accordance with the provisions of the Servicemembers Civil
Relief Act (SCRA), 50 USC App. § 526 and subject to the notice requirements contained
therein.This limitation applies even if loan payments are suspended during the period of
military service as permitted under the Plan and Treasury regulations.
(1) Security. The loan shall be secured by an assignment of that portion the Participant's
right, title and interest in and to his/her Employer Contribution Account (to the extent
vested), Participant Contribution Account, and Rollover Account that is equal to fifty
percent (50%) of the Participant's Account (to the extent vested).
(m) Assignment or Pledge. For the purposes of paragraphs (h) and (i), assignment or pledge
of any portion of the Participant's interest in the Plan and a loan, pledge, or assignment
with respect to any insurance contract purchased under the Plan, will be treated as a
loan.
(n) Spousal Consent. If the Employer elected the QiSA Election in the Adoption Agreement,
the Participant must first obtain his or her spouse's notarized consent to t he loan.
31
(o) Other Terms and Conditions. The Employer shall fix such other terms and conditions
of the loan as it deems necessary to comply with legal requirements, to maintain the
qualification of the Plan and Trust under section 401(a) of the Code, or to prevent the
treatment of the loan for tax purposes as a distribution to the Participant.The Employer,
in its discretion for any reason, may fix other terms and conditions of the loan, not
inconsistent with the provisions of this Article.
13.03 Participant Loan Accounts.
(a) Upon approval of a loan to a Participant by the Employer, an amount not in excess of
the loan shall be transferred from the Participant's other investment fund(s), described
in Section 6.05 of the Plan, to the Participant's Loan Account as of the Accounting Date
immediately preceding the agreed upon date on which the loan is to be made.
(b) The assets of a Participant's Loan Account may be invested and reinvested only in
promissory notes received by the Plan from the Participant as consideration for a
loan permitted by Section 13.01 of the Plan or in cash. Uninvested cash balances in
a Participant's Loan Account shall not bear interest. No person who is otherwise a
fiduciary of the Plan shall be liable for any loss, or by reason of any breach, that results
from the Participant's exercise of such control.
(c) Repayment of principal and payment of interest shall be made by payroll deduction or,
where repayment cannot be made by payroll deduction, by check, and shall be invested
in one (1) or more other investment funds, in accordance with Section 6.05 of the
Plan, as of the next Accounting Date after payment thereof to the Trust.The amount so
invested shall be deducted from the Participant's Loan Account.
(d) The Employer shall have the authority to establish other reasonable rules, not in-
consistent with the provisions of the Plan, governing the establishment and maintenance
of Participant Loan Accounts.
XIV. PLAN AMENDMENT,TERMINATION AND OPTIONAL PROVISIONS
14.01 Amendment by Employer. The Employer reserves the right, subject to Section 14.02 of the
Plan, to amend the Plan from time to time by either:
(a) Filing an amended Adoption Agreement to change, delete, or add any optional
provision, or
(b) Continuing the Plan in the form of an amended and restated Plan and Trust.
No amendment to the Plan shall be effective to the extent that it has the effect of decreasing a
Participant's accrued benefit. Notwithstanding the preceding sentence, a Participant's Account
balance may be reduced to the extent permitted under section 412(c)(8) of the Code. For
purposes of this paragraph, a Plan amendment which has the effect of decreasing a Participant's
Account balance or eliminating an optional form of benefit, with respect to benefits attributable
to service before the amendment shall be treated as reducing an accrued benefit. Furthermore,
if the vesting schedule of the Plan is amended, in the case of an Employee who is a Participant
as of the later of the date such amendment is adopted or the date it becomes effective, the
32
nonforfeitable percentage (determined as of such date) of such Employee's right to his/her
Employer-derived accrued benefit will not be less than his percentage computed under the plan
without regard to such amendment.
No amendment to the Plan shall be effective to eliminate or restrict an optional form of benefit.
The preceding sentence shall not apply to a Plan amendment that eliminates or restricts the
ability of a Participant to receive payment of his or her Account balance under a particular
optional form of benefit if the amendment provides a single-sum distribution form that is
otherwise identical to the optional form of benefit being eliminated or restricted. For this
purpose, a single-sum distribution form is otherwise identical only if the single-sum distribution
form is identical in all respects to the eliminated or restricted optional form of benefit (or would
be identical except that it provides greater rights to the Participant) except with respect to the
timing of payments after commencement.
The Employer may (1) change the choice of options in the Adoption Agreement, (2) add
overriding language in the Adoption Agreement when such language is necessary to satisfy
sections 415 or 416 of the Code because of the required aggregation of multiple plans, (3) amend
administrative provisions of the trust or custodial document in the case of a nonstandardized
plan and make more limited amendments in the case of a standardized plan such as the name of
the plan, employer, trustee or custodian, plan administrator and other fiduciaries, the trust year,
and the name of any pooled trust in which the Plan's trust will participate, (4) add certain sample
or model amendments published by the Internal Revenue Service or other required good faith
amendments which specifically provide that their adoption will not cause the plan to be treated as
individually designed, and (5) add or change provisions permitted under the Plan and/or specify
or change the effective date of a provision as permitted under the Plan and correct obvious and
unambiguous typographical errors and/or cross-references that merely correct a reference but that
do not in any way change the original intended meaning of the provisions.
14.02 Amendment of Vesting Schedule. If the Plan's vesting schedule is amended, or the Plan is
amended in any way that directly or indirectly affects the computation of the Participant's
nonforfeitable percentage, each Participant may elect, within a reasonable period after the
adoption of the amendment or change, to have the nonforfeitable percentage computed under
the Plan without regard to such amendment or change.
The period during which the election may be made shall commence with the date the
amendment is adopted or deemed to be made and shall end on the latest of:
(a) Sixty (60) days after the amendment is adopted;
(b) Sixty (60) days after the amendment becomes effective; or
(c) Sixty (60) days after the Participant is issued written notice of the amendment by the
Employer or Plan Administrator.
14.03 Termination by Employer.The Employer reserves the right to terminate this Plan. However, in the
event of such termination no part of the Trust shall be used or diverted to any purpose other than
for the exclusive benefit of the Participants or their Beneficiaries, except as provided in this Section.
Upon Plan termination or partial termination, all Account balances shall be valued at their fair
market value and the Participant's right to his/her Employer Contribution Account shall be one
33
hundred percent (100%) vested and nonforfeitable. Such amount and any other amounts held
in the Participant's other Accounts shall be maintained for the Participant until paid pursuant to
the terms of the Plan.
Any amounts held in a suspense account, after all liabilities of the Plan to Participants and
Beneficiaries have been satisfied or provided for, shall be paid to the Employer in accordance
with the Code and regulations thereunder.
In the event that the Commissioner of Internal Revenue determines that the Plan is not initially
qualified under the Internal Revenue Code, any contribution made by the Employer incident
to that initial qualification must be returned to the Employer within one year after the date the
initial qualification is denied, but only if the application for the qualification is made by the
time prescribed by law for filing the Employer's return for the year in which the Plan is adopted,
or such later date as the Secretary of the Treasury may prescribe.
14.04 Discontinuance of Contributions. A permanent discontinuance of contributions to the Plan
by the Employer, unless an amended and restated Plan is established, shall constitute a Plan
termination. In the event of a complete discontinuance of contributions under the Plan, the
Account balance of each affected Participant shall be nonforfeitable.
14.05 Amendment by Plan Administrator. The Plan Administrator may amend this Plan upon
thirty (30) days written notification to the Employer; provided, however, that any such
amendment must be for the express purpose of maintaining compliance with applicable federal
laws and regulations of the Internal Revenue Service. Such amendment shall become effective
unless, within such 30-day period, the Employer notifies the Administrator, in writing, that it
disapproves such amendment, in which case such amendment shall not become effective. In the
event of such disapproval, the Administrator shall be under no obligation to continue acting as
Administrator hereunder.
14.06 Optional Provisions. Any provision which is optional under this Plan shall become effective if
and only if elected by the Employer and agreed to by the Plan Administrator.
XV ADMINISTRATION
15.01 Powers of the Employer. The Employer shall have the following powers and duties:
(a) To appoint and remove,with or without cause, the Plan Administrator;
(b) To amend or terminate the Plan pursuant to the provisions of Article XIV;
(c) To appoint a committee to facilitate administration of the Plan and communications to
Participants;
(d) To decide all questions of eligibility (1) for Plan participation, and (2) upon appeal by
any Participant, Employee or Beneficiary, for the payment of benefits;
(e) To engage an independent qualified public accountant, when required to do so by law,
to prepare annually the audited financial statements of the Plan's operation;
(f) To take all actions and to communicate to the Plan Administrator in writing all
34
necessary information to carry out the terms of the Plan and Trust; and
(g) To notify the Plan Administrator in writing of the termination of the Plan.
15.02 Duties of the Plan Administrator.The Plan Administrator shall have the following powers and
duties:
(a) To construe and interpret the provisions of the Plan;
(b) To maintain and provide such returns, reports, schedules, descriptions, and individual
Account statements as are required by law within the times prescribed by law; and to
furnish to the Employer, upon request, copies of any or all such materials, and further,
to make copies of such instruments, reports, descriptions, and statements as are required
by law available for examination by Participants and such of their Beneficiaries who
are or may be entitled to benefits under the Plan in such places and in such manner as
required by law;
(c) To obtain from the Employer such information as shall be necessary for the proper
administration of the Plan;
(d) To determine the amount, manner, and time of payment of benefits hereunder;
(e) To appoint and retain such agents, counsel, and accountants for the purpose of properly
administering the Plan;
(f) To distribute assets of the Trust to each Participant and Beneficiary in accordance with
Article X of the Plan;
(g) To pay expenses from the Trust pursuant to Section 6.03 of the Plan; and
(h) To do such other acts reasonably required to administer the Plan in accordance with its
provisions or as may be provided for or required by law.
15.03 Protection of the Employer. The Employer shall not be liable for the acts or omissions of the
Plan Administrator, but only to the extent that such acts or omissions do not result from the
Employer's failure to provide accurate or timely information as required or necessary for proper
administration of the Plan.
15.04 Protection of the Plan Administrator.The Plan Administrator may rely upon any certificate,
notice or direction purporting to have been signed on behalf of the Employer which the Plan
Administrator believes to have been signed by a duly designated official of the Employer.
15.05 Resignation or Removal of Plan Administrator. The Plan Administrator may resign
at any time effective upon sixty (60) days prior written notice to the Employer.The Plan
Administrator may be removed by the Employer at any time upon sixty(60) days prior written
notice to the Plan Administrator. Upon the resignation or removal of the Plan Administrator,
the Employer may appoint a successor Plan Administrator; failing such appointment, the
Employer shall assume the powers and duties of Plan Administrator. Upon the resignation or
removal of the Plan Administrator, any Trust assets invested by or held in the name of the Plan
Administrator shall be transferred to the trustee in cash or property, at fair market value, except
35
that the return of Trust assets invested in a contract issued by an insurance company shall be
governed by the terms of that contract.
15.06 No Termination Penalty.The Plan Administrator shall have no authority or discretion to
impose any termination penalty upon its removal.
15.07 Decisions of the Plan Administrator.All constructions, determinations, and interpretations
made by the Plan Administrator pursuant to Section 15.02(a) or (d) or by the Employer
pursuant to Section 15.01(d) shall be final and binding on all persons participating in the Plan,
given deference in all courts of law to the greatest extent allowed by applicable law, and shall
not be overturned or set aside by any court of law unless found to be arbitrary or capricious, or
made in bad faith.
XVI. MISCELLANEOUS
16.01 Nonguarantee of Employment. Nothing contained in this Plan shall be construed as a contract
of employment between the Employer and any Employee, or as a right of an Employee to be
continued in the employment of the Employer, as a limitation of the right of the Employer to
discharge any of its Employees, with or without cause.
16.02 Rights to Trust Assets. No Employee or Beneficiary shall have any right to, or interest in, any
assets of the Trust upon termination of his/her employment or otherwise, except as provided
from time to time under this Plan, and then only to the extent of the benefits payable under
the Plan to such Employee or Beneficiary out of the assets of the Trust.All payments of benefits
as provided for in this Plan shall be made solely out of the assets of the Trust and none of the
fiduciaries shall be liable therefor in any manner.
16.03 Nonalienation of Benefits. Except as provided in Sections 16.04 and 16.06 of the Plan,
benefits payable under this Plan shall not be subject in any manner to anticipation, alienation,
sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution, or levy of any
kind, either voluntary or involuntary, prior to actually being received by the person entitled to
the benefit under the terms of the Plan; and any attempt to anticipate, alienate, sell, transfer,
assign, pledge, encumber, charge or otherwise dispose of any right to benefits payable hereunder,
shall be void.The Trust shall not in any manner be liable for, or subject to, the debts, contracts,
liabilities, engagements or torts of any person entitled to benefits hereunder.
16.04 Qualified Domestic Relations Order. Notwithstanding Section 16.03 of the Plan, amounts
may be paid with respect to a Participant pursuant to a domestic relations order, but if and only
if the order is determined to be a qualified domestic relations order within the meaning of sec-
tion 414(p) of the Code or any domestic relations order entered before January 1, 1985.
16.05 Nonforfeitability of Benefits. Subject only to the specific provisions of this Plan, nothing shall
be deemed to deprive a Participant of his/her right to the Nonforfeitable Interest to which he/
she becomes entitled in accordance with the provisions of the Plan.
16.06 Incompetency of Payee. In the event any benefit is payable to a minor or incompetent, to
a person otherwise under legal disability, or to a person who, in the sole judgment of the
Employer, is by reason of advanced age, illness, or other physical or mental incapacity incapable
of handling the disposition of his/her property, the Employer may apply the whole or any part
36
of such benefit directly to the care, comfort, maintenance, support, education, or use of such
person or pay or distribute the whole or any part of such benefit to:
(a) The parent of such person;
(b) The guardian, committee, or other legal representative, wherever appointed, of such
person;
(c) The person with whom such person resides;
(d) Any person having the care and control of such person; or
(e) Such person personally.
The receipt of the person to whom any such payment or distribution is so made shall be full
and complete discharge therefor.
16.07 Inability to Locate Payee.Anything to the contrary herein notwithstanding, if the Employer
is unable, after reasonable effort, to locate any Participant or Beneficiary to whom an amount
is payable hereunder, such amount shall be forfeited and held in the Trust for application
against the next succeeding Employer Contribution or contributions required to be made
hereunder. Notwithstanding the foregoing, however, such amount shall be reinstated, by means
of an additional Employer contribution, if and when a claim for the forfeited amount is sub-
sequently made by the Participant or Beneficiary or if the Employer receives proof of death of
such person, satisfactory to the Employer.To the extent not inconsistent with applicable law,
any benefits lost by reason of escheat under applicable state law shall be considered forfeited and
shall not be reinstated.
16.08 Mergers, Consolidations, and Transfer of Assets. The Plan shall not be merged into or
consolidated with any other plan, nor shall any of its assets or liabilities be transferred into any
such other plan, unless each Participant in the Plan would (if the Plan then terminated) receive
a benefit immediately after the merger, consolidation, or transfer that is equal to or greater
than the benefit he/she would have been entitled to receive immediately before the merger,
consolidation, or transfer (if the Plan had then terminated).
16.09 Employer Records. Records of the Employer as to an Employee's or Participant's Period
of Service, termination of service and the reason therefor, leaves of absence, reemployment,
Earnings, and Compensation will be conclusive on all persons, unless determined to be incorrect.
16.10 Gender and Number. The masculine pronoun, whenever used herein, shall include the
feminine pronoun, and the singular shall include the plural, except where the context requires
otherwise.
16.11 Applicable Law.The Plan shall be construed under the laws of the State where the Employer is
located, except to the extent superseded by federal law.The Plan is established with the intent
that it meets the requirements under the Code.The provisions of this Plan shall be interpreted
in conformity with these requirements.
In the event of any conflict between the Plan and a policy or contract issued hereunder, the Plan
provisions shall control;provided, however, no Plan amendment shall supersede an existing
37
policy or contract unless such amendment is required to maintain qualification under section
401(a) and 414(d) of the Code.
XVII. SPOUSAL BENEFIT REQUIREMENTS
17.01 Application. Effective as of January 1, 2006, where elected by the Employer in the Adoption
Agreement (the "QJSA Election"), the provisions of this Article shall take precedence over any
conflicting provision in this Plan. If elected, the provisions of this Article shall apply to any Par-
ticipant who is credited with any Period of Service with the Employer on or after August 23,
1984, and such other Participants as provided in Section 17.05.
17.02 Qualified Joint and Survivor Annuity. Unless an optional form of benefit is selected pursuant
to a Qualified Election within the ninety(90) day period ending on the Annuity Starting Date,
a married Participant's Vested Account Balance will be paid in the form of a Qualified Joint
and Survivor Annuity and an unmarried Participant's Vested Account Balance will be paid in
the form of a Straight Life Annuity.The Participant may elect to have such annuity distributed
upon the attainment of the Earliest Retirement Age under the Plan.
17.03 Qualified Preretirement Survivor Annuity. If a Participant dies before the Annuity Starting
Date, then fifty percent (50%) of the Participant's Vested Account Balance shall be applied
toward the purchase of an annuity for the life of the Surviving Spouse; the remaining por-
tion shall be paid to such Beneficiaries (which may include such Spouse) designated by the
Participant. Notwithstanding the foregoing, the Participant may waive the spousal annuity by
designating a different Beneficiary within the Election Period pursuant to a Qualified Election.
To the extent that less than one hundred percent (100%) of the vested Account balance is
paid to the Surviving Spouse, the amount of the Participant's Account derived from Employee
contributions will be allocated to the Surviving Spouse in the same proportion as the amount
of the Participant's Account derived from Employee contributions is to the Participant's total
Vested Account Balance.The Surviving Spouse may elect to have such annuity distributed
within a reasonable period after the Participant's death. Further, such Spouse may elect to
receive any death benefit payable to him/her hereunder in any of the forms available to the
Participant under Section 11.02.
17.04 Notice Requirements.
(a) In the case of a Qualified Joint and Survivor Annuity as described in Section 17.02, the
Plan Administrator shall, no less than thirty (30) days and no more than ninety (90)
days prior to the Annuity Starting Date, provide each Participant a written explana-
tion of: (i) the terms and conditions of a Qualified Joint and Survivor Annuity; (ii) the
Participant's right to make and the effect of an election to waive the Qualified Joint and
Survivor Annuity form of benefit; (iii) the rights of a Participant's Spouse; and (iv) the
right to make, and the effect of, a revocation of a previous election to waive the Quali-
fied Joint and Survivor Annuity. However, if the Participant, after having received the
written explanation, affirmatively elects a form of distribution and the Spouse consents
to that form of distribution (if necessary), benefit payments may commence less than
30 days after the written explanation was provided to the Participant, provided that the
following requirements are met:
(1) The Plan Administrator provides information to the Participant clearly
indicating that the Participant has a right to at least 30 days to consider whether
38
to waive the Qualified Joint and Survivor Annuity and consent to a form of
distribution other than a Qualified Joint and Survivor Annuity;
(2) The Participant is permitted to revoke an affirmative distribution election
at least until the Annuity Starting Date, or if later, at any time prior to the
expiration of the 7-day period that begins the day after the explanation of the
Qualified Joint and Survivor Annuity is provided to the Participant;
(3) The Annuity Starting Date is after the date that the explanation of the Qualified
Joint and Survivor Annuity is provided to the Participant; and
(4) Distribution in accordance with the affirmative election does not commence before
the expiration of the 7-day period that begins after the day after the explanation of
the Qualified Joint and Survivor Annuity is provided to the Participant.
(b) In the case of a Qualified Preretirement Survivor Annuity as described in Section 17.03,
the Plan Administrator shall provide each Participant within the applicable period for
such Participant a written explanation of the Qualified Preretirement Survivor Annuity
in such terms and in such manner as would be comparable to the explanation provided
for meeting the requirements of Subsection (a) applicable to a Qualified Joint and
Survivor Annuity.
The applicable period for a Participant is whichever of the following periods ends last:
(i) the period beginning with the first day of the Plan Year in which the Participant
attains age thirty-two (32) and ending with the close of the Plan Year preceding the
Plan Year in which the Participant attains age thirty-five (35); (ii) a reasonable period
ending after the individual becomes a Participant; (iii) a reasonable period ending after
Subsection (c) ceases to apply to the Participant; (iv) a reasonable period ending after
this Article first applies to the Participant. Notwithstanding the foregoing, notice must
be provided within a reasonable period ending after separation from service in the case
of a Participant who separates from service before attaining age thirty-five (35).
For purposes of applying the preceding paragraph, a reasonable period ending after the
enumerated events described in (ii), (iii) and (iv) is the end of the two (2) year period
beginning one (1) year prior to the date the applicable event occurs, and ending one
(1) year after that date. In the case of a Participant who separates from service before
the Plan Year in which age thirty-five (35) is attained, notice shall be provided within
the two (2) year period beginning one (1) year prior to separation and ending one (1)
year after separation. If such a Participant thereafter returns to employment with the
Employer, the applicable period for such Participant shall be redetermined.
(c) Notwithstanding the other requirements of this Section, the respective notices prescribed
by this Section need not be given to a Participant if(1) the Plan "fully subsidizes" the
costs of a Qualified Joint and Survivor Annuity or Qualified Preretirement Survivor
Annuity, and (2) the Plan does not allow the Participant to waive the Qualified Joint
and Survivor Annuity or Qualified Preretirement Survivor Annuity and does not allow
a married Participant to designate a non-Spouse Beneficiary. For purposes of this
Subsection (c), a plan fully subsidizes the costs of a benefit if no increase in cost or
decrease in benefits to the Participant may result from the Participant's failure to elect
another benefit.
39
17.05 Definitions. For the purposes of this Section, the following definitions shall apply:
(a) Annuity Starting Date:The first day of the first period for which an amount is paid as
an annuity or any other form.
(b) Election Period:The period which begins on the first day of the Plan Year in which the
Participant attains age thirty-five (35) and ends on the date of the Participant's death. If
a Participant separates from service prior to the first day of the Plan Year in which age
thirty-five (35) is attained, with respect to the Account balance as of the date of separa-
tion, the Election Period shall begin on the date of separation.
Pre-age thirty-five (35) waiver: A Participant who will not yet attain age thirty-five (35)
as of the end of any current Plan Year may make a special Qualified Election to waive
the Qualified Preretirement Survivor Annuity for the period beginning on the date
of such election and ending on the first day of the Plan Year in which the Participant
will attain age thirty-five (35). Such election shall not be valid unless the Participant
receives a written explanation of the Qualified Preretirement Survivor Annuity in such
terms as are comparable to the explanation required under Section 17.04(a). Qualified
Preretirement Survivor Annuity coverage will be automatically reinstated as of the first
day of the Plan Year in which the Participant attains age thirty-five (35). Any new waiver
on or after such date shall be subject to the full requirements of this Article.
(c) Earliest Retirement Age:The earliest date on which, under the Plan, the Participant
could elect to receive retirement benefits.
(d) Qualified Election: A waiver of a Qualified Joint and Survivor Annuity or a Qualified
Preretirement Survivor Annuity.Any waiver of a Qualified Joint and Survivor Annuity
or a Qualified Preretirement Survivor Annuity shall not be effective unless: (a) the
Participant's Spouse consents in writing to the election; (b) the election designates a
specific Beneficiary, including any class of Beneficiaries or any contingent Beneficiaries,
which may not be changed without spousal consent (or the Spouse expressly permits
designations by the Participant without any further spousal consent); (c) the Spouse's
consent acknowledges the effect of the election; and (d) the Spouse's consent is
witnessed by a Plan representative or notary public.Additionally, a Participant's waiver
of the Qualified Joint and Survivor Annuity shall not be effective unless the election
designates a form of benefit payment which may not be changed without spousal
consent (or the Spouse expressly permits designations by the Participant without any
further Spousal consent). If it is established to the satisfaction of a Plan representative
that there is no Spouse or that the Spouse cannot be located, a waiver will be deemed a
Qualified Election.
Any consent by a Spouse obtained under this provision (or establishment that the
consent of a Spouse may not be obtained) shall be effective only with respect to such
Spouse.A consent that permits designations by the Participant without any requirement
of further consent by such Spouse must acknowledge that the Spouse has the right to
limit consent to a specific Beneficiary, and a specific form of benefit where applicable,
and that the Spouse voluntarily elects to relinquish either or both of such rights.A
revocation of a prior waiver may be made by a Participant without the consent of the
Spouse at any time before the commencement of benefits.The number of revocations
40
shall not be limited. No consent obtained under this provision shall be valid unless the
Participant has received notice as provided in Section 17.04.
(e) Qualified Joint and Survivor Annuity: An immediate annuity for the life of the
Participant with a survivor annuity for the life of the Spouse which is fifty percent
(50%) of the amount of the annuity which is payable during the joint lives of the
Participant and the Spouse and which is the amount of benefit which can be purchased
with the Participant's Vested Account Balance.
(f) Spouse (Surviving Spouse):The Spouse or Surviving Spouse of the Participant, provided
that a former Spouse will be treated as the Spouse or Surviving Spouse and a current
Spouse will not be treated as the Spouse or Surviving Spouse to the extent provided
under a qualified domestic relations order as described in section 414(p) of the Code.
(g) Straight Life Annuity:An annuity payable in equal installments for the life of the
Participant-t-hat-terminates-upon_the_Participants_death.
(h) Vested Account Balance:The aggregate value of the Participant's vested Account
balances derived from Employer and Employee contributions (including rollovers),
whether vested before or upon death, including the proceeds of insurance contracts, if
any, on the Participant's life.The provisions of this Article shall apply to a Participant
who is vested in amounts attributable to Employer Contributions, Employee
contributions (or both) at the time of death or distribution.
17.06 Annuity Contracts.Where benefits are to be paid in the form of a life annuity pursuant to the
terms of this Article, a nontransferable annuity contract shall be purchased from a life insurance
company and distributed to the Participant or Surviving Spouse, as applicable.The terms of any
annuity contract purchased and distributed by the Plan shall comply with the requirements of
this Plan and section 417 of the Code.
XVIII. FINAL PAY CONTRIBUTIONS
18.01 Eligibility. Effective as of January 1, 2006, if elected by the Employer in the Adoption
Agreement, Final Pay Contributions on behalf of each Participant equal to the equivalent of
the accrued unpaid final pay, as defined in the Adoption Agreement ("Final Pay"), shall be
contributed to the Plan.
18.02 Contribution Amount.At the election of the Employer in the Adoption Agreement, the
Final Pay Contributions may be made as either (a) Employer Final Pay Contributions, or (b)
Employee Designated Final Pay Contributions, as described below.
(a) Employer Final Pay Contributions.The Employer shall contribute to the Plan for
each Participant the equivalent of a designated amount of accrued unpaid final pay
upon termination of employment of the Participant, as the Employer so elects in the
Adoption Agreement.The Employer's contribution for any Plan Year shall be due and
paid not later than the time prescribed by applicable law.
The Employer Final Pay Contributions shall be accounted for in the Employer
Contribution Account.
41
(b) Employee Designated Final Pay Contributions.The Employer shall contribute to the
Plan for each Participant all or any portion of a Participant's Final Pay, as elected by
the Participant.The Employer may limit the amount of Final Pay to be elected to be
contributed to the Plan. Once elected, an Employee's election shall remain in force and
may not be revised or revoked.
The Employee Designated Final Pay Contributions shall be accounted for in the
Participant Contribution Account, and are nonforfeitable by the Participant at all times.
The Employee Designated Final Pay Contributions shall be "picked up" by the
Employer in accordance with Code section 414(h)(2).The contributions shall be treated
as an employer contribution in determining the tax treatment under the Code, and shall
not be included as gross income of the Participant until it is distributed.
A Participant cannot elect to receive cash in lieu of any Final Pay Contribution.
18.03 Equivalencies. The Final Pay Contribution shall be determined by multiplying the Participant's
current daily rate of pay from the Employer times the amount of accrued unpaid leave being
converted.
18.04 Excess Contributions. Final Pay Contributions are limited to the extent of applicable law
and any Code limitation. No Final Pay Contribution shall be made to the extent that it
would exceed the applicable Code section 415 limitation, as set forth in Article V. Any excess
contributions as a result of the Code section 415 limitation shall remain in the Participant's
leave bank.
XIX. ACCRUED LEAVE CONTRIBUTIONS
19.01 Eligibility. Effective as of January 1, 2006, if elected by the Employer in the Adoption
Agreement,Accrued Leave Contributions on behalf of each eligible Participant equal to the
equivalent of the accrued unpaid leave, as defined in the Adoption Agreement ("Accrued
Leave"), shall be contributed to the Plan. Eligibility for Accrued Leave Contributions is limited
to only those Participants or class of Participants that the Employer elects in the Adoption
Agreement.
19.02 Contribution Amount.At the election of the Employer in the Adoption Agreement,
the Accrued Leave Contributions may be made as either (a) Employer Accrued Leave
Contributions, or (b) Employee Designated Accrued Leave Contributions, as described below.
(a) Employer Accrued Leave Contributions.The Employer shall contribute to the Plan
for each eligible Participant the equivalent of a designated amount of accrued unpaid
leave each year, as the Employer so elects in the Adoption Agreement.The Employer's
contribution for any Plan Year shall be due and paid not later than the time prescribed
by applicable law.
The Employer Accrued Leave Contributions shall be accounted for in the Employer
Contribution Account.
(b) Employee Designated Accrued Leave Contributions.The Employer shall contribute to
the Plan for each eligible Participant all or any portion of a Participant's Accrued Leave,
42
as elected by the Participant.The Employer may limit the amount of Accrued Leave
to be elected to be contributed to the Plan. Once elected, an Employee's election shall
remain in force and may not be revised or revoked.
The Employee Designated Accrued Leave Contributions shall be accounted for in the
Participant Contribution Account, and are nonforfeitable by the Participant at all times.
The Employee Designated Accrued Leave Contributions shall be "picked up" by the
Employer in accordance with Code section 414(h)(2).The contributions shall be treated
as an employer contribution in determining the tax treatment under the Code, and shall
not be included as gross income of the Participant until it is distributed.
A Participant cannot elect to receive cash in lieu of any Accrued Leave Contribution.
19.03 Equivalencies. The Accrued Leave Contribution shall be determined by multiplying the
Participant's current daily rate of pay from the Employer times the amount of accrued unpaid
leave being converted.
19.04 Excess Contributions. Accrued Leave Contributions are limited to the extent of applicable law
and any Code limitation. No Accrued Leave Contribution shall be made to the extent that it
would exceed the applicable Code section 415 limitation, as set forth in Article V. Any excess
contributions as a result of the Code section 415 limitation shall remain in the Participant's
leave bank.
DECLARATION OF TRUST
This Declaration of Trust (the "Group Trust Agreement") is made as of the 19th day of May, 2001, by VantageTrust
Company,which declares itself to be the sole Trustee of the trust hereby created.
WHEREAS, the ICMA Retirement Trust was created as a vehicle for the commingling of the assets of governmental
plans and governmental units described in Section 818(a)(6) of the Internal Revenue Code of 1986, as amended,
pursuant to a Declaration of Trust dated October 4, 1982, as subsequently amended, a copy of which is attached
hereto and incorporated by reference as set out below (the "ICMA Declaration"); and
WHEREAS, the trust created hereunder (the "Group Trust") is intended to meet the requirements of Revenue
Ruling 81-100, 1981-1 C.B. 326, and is established as a common trust fund within the meaning of Section 391:1 of
Title 35 of the New Hampshire Revised Statutes Annotated, to accept and hold for investment purposes the assets of
the Deferred Compensation and Qualified Plans held by and through the ICMA Retirement Trust.
NOW,THEREFORE, the Group Trust is created by the execution of this Declaration of Trust by the Trustee and
is established with respect to each Deferred Compensation and Qualified Plan by the transfer to the Trustee of such
Plan's assets in the ICMA Retirement Trust, by the Trustees thereof, in accord with the following provisions:
1. Incorporation of ICMA Declaration by Reference; ICMA By-Laws. Except as otherwise provided in this
Group Trust Agreement, and to the extent not inconsistent herewith, all provisions of the ICMA Declaration
are incorporated herein by reference and made a part hereof, to be read by substituting the Group Trust for
the Retirement Trust and the Trustee for the Board of Trustees referenced therein. In this respect, unless the
context clearly indicates otherwise, all capitalized terms used herein and defined in the ICMA Declaration
have the meanings assigned to them in the ICMA Declaration. In addition, the By-Laws of the ICMA
Retirement Trust, as the same may be amended from time-to-time, are adopted as the By-Laws of the Group
Trust to the extent not inconsistent with the terms of this Group Trust Agreement.
43
Notwithstanding the foregoing, the terms of the ICMA Declaration and By-Laws are further modified with
respect to the Group Trust created hereunder, as follows:
(a) any reporting, distribution, or other obligation of the Group Trust vis-à-vis any Deferred
Compensation Plan, Qualified Plan, Public Employer, Public Employer Trustee, or Employer Trust
shall be deemed satisfied to the extent that such obligation is undertaken by the ICMA Retirement
Trust (in which case the obligation of the Group Trust shall run to the ICMA Retirement Trust); and
(b) all provisions dealing with the number, qualification, election, term and nomination of Trustees shall
not apply, and all other provisions relating to trustees (including, but not limited to, resignation and
removal) shall be interpreted in a manner consistent with the appointment of a single corporate trustee.
2. Compliance with Revenue Procedure 81-100.The requirements of Revenue Procedure 81-100 are applicable
to the Group Trust as follows:
(a) Pursuant to the terms of this Group Trust Agreement_and Article X of the By-Laws, investment
in the Group Trust is limited to assets of Deferred Compensation and Qualified Plans, investing
through the ICMA Retirement Trust.
(b) Pursuant to the By-Laws, the Group Trust is adopted as a part of each Qualified Plan that invests
herein through the ICMA Retirement Trust.
(c) In accord with the By-Laws, that part of the Group Trust's corpus or income which equitably belongs
to any Deferred Compensation and Qualified Plan may not be used for or diverted to any purposes
other than for the exclusive benefit of the Plan's employees or their beneficiaries who are entitled to
benefits under such Plan.
(d) In accord with the By-Laws, no Deferred Compensation Plan or Qualified Plan may assign any or
part of its equity or interest in the Group Trust, and any purported assignment of such equity or
interest shall be void.
3. Governing Law. Except as otherwise required by federal, state or local law, this Declaration of Trust
(including the ICMA Declaration to the extent incorporated herein) and the Group Trust created hereunder
shall be construed and determined in accordance with applicable laws of the State of New Hampshire.
4. Judicial Proceedings.The Trustee may at any time initiate an action or proceeding in the appropriate state
or federal courts within or outside the state of New Hampshire for the settlement of its accounts or for the
determination of any question of construction which may arise or for instructions.
IN WITNESS WHEREOF, the Trustee has executed this Declaration of Trust as of the day and year first above
written.
VANTAGETRUST COMPANY
671/1/L. 5/ 1 OW fr,"
By
Angela C. Monte
Assistant Corporate Secretary
44
•
401 GOVERNMENTAL
PROFIT-SHARING PLAN & TRUST
ADOPTION AGREEMENT
Building Retirement Security
r ------------------___----___=- ------ --- - - -
----- -- ---- --- - -- _ - __ __ _ __ _ ___ __ _ _
1
_ _ ___ ___ ___ _ _ _ _ _ _ _ _______ _„ =_ ___________:_______
„_ __ _ _______,______=____ _ __ __ ____ __ __ _ _ _ _ _ _ _ _ _______ __ =__ _ _ _ __ __ _ __ _
,__,_________ _=__________ :__ __ _ ____ _ _ _ _ ____ _ _ _ _____ ____ _ _ _ __ .
„,„,_::_____ ____=_=,,__,,_ __ __ _ ________ _ __ __ _ ___ __ __ ___ __ _ _ ____
______ _____, __ _ _ __ _ _ _ ..
,_ __ _ _ _ _ _ _
:—.=--_-------_—_--_--_---_===-___--:---_---_____ ______ _ ___ _ , _ _ _ _ ______ _ _ _ ___________________ ___ __ ____ .
„____:____.ir____________________ _ _ _ __ ___ ____ _ _ ___ ____ __ __ _ _s _ ______ ____ _ _ _
________ _,,______ _=_______ _ _ _ _ _ _ ___ _ ___ _ _ ___ _ _ _ _ _ _
__:_i_,__ _______ _ _ _ _ _
:=___,____;,_____ _ _ _______ __ _ _ __ _ _ __ _ .
__ ________ _ _ __ _
__ __ _ _ _ _ _ __ _ __ _
:_______ ______ _____________ _ __ _ _ _ _ _ _
_ .
:_="_____ __ ____s__________=_,_____,_,,== ________=„__ _________,___,_,_ ___:: „,_,___,_,_,,_ _ __„_ ___ ,___,=_ __:_____ _ __ ___ _ ___ _ _
:_.___ _:_______________ _ _ _ _ _ __ _ __ ___ __________ _ _ ______ ____ _ ___ _ ___ __ __ __
„____=„ ________ ___________ _ __ _ ______ _ __ __ _ ___ _ ________ _ _ ___ __ ___ __ _ _ __ _ _____
__ _ ____--- -7 f------ -- _________ _______„,-- _ _ _ __ _ __
ICMA RETIREMENT CORPORATION
GOVERNMENTAL PROFIT-SHARING PLAN & TRUST
ADOPTION AGREEMENT
PLAN NUMBER 10 Cog C7 S
The Employer hereby establishes a Profit Sharing Plan and Trust to be known as
G1�_QALGtn ��1'G1( y = ✓I____(the"Plan") in the form of the ICMA Retirement
Corporation Governmental Profit Sharing Plan and Trust(PSP 01/01/06). [906]
This Plan is an amendment and restatement of an existing defined contribution profit sharing plan.
Yes No
If yes,please specify the name of the defined contribution profit sharing plan which this Plan hereby amends and
restates:
Employer: �--1 OF { IGll\`11L 1 eP _h [902]
II. The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the
Plan,unless an alternate Effective Date is hereby specified:_fig rtIIL 2-0 __(e.g.,January 1,2006
for the PSP 01/01/06 Plan)
III. Plan Year will mean:
The twelve(12)consecutive month period which coincides with the limitation year, (See Section 5,05(h)
of the Plan.)
5 9 The twelve(12)consecutive month period commencing on I D and each anniversary thereof.
IV. Normal Retirement Age shall be age_60_(not to exceed age 65). [286]
V. ELIGIBILITY REQUIREMENTS:
1. The following group or groups of Employees are eligible to participate in the Plan:
All Employees
All Full Time Employees
Salaried Employees
Non union Employees
Management Employees
Public Safety Employees "�
General Employees (Ae.0 I�.ett, or. At (CtikMQ.n F\
Other Employees(specify describe the group(s)of eligible employees below)
The group specified must correspond to a group of the same designation that is defined in the statutes,
ordinances,rules,regulations,personnel manuals or other material in effect in the state or locality of the
Employer. Also,the eligibility requirements for participation in the Plan cannot be such that Employees
become Participants only in the Plan Year in which the Employees terminate employment(i.e.,stand-alone
final pay plans).
2, The Employer hereby waives or reduces the requirement of a twelve(12) month Period of Service for
participation. The require4 Period of Service shall be(write N/A if an Employee is eligible to participate
upon employment)
If this waiver;reduction is elected,it shall apply to all Employees within the Covered Employment
Classification.
1 Profit Sharing Plan Adoption Agreement
3. Aininimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is
I (not to exceed age 21. Write N/A if no minimum age is declared.)
VI. CONTRIBUTION PROVISIONS
The Employer shall contribute as follows(choose all that apply):
al Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If section B or
C is chosen,please complete section D.
A. Fixed Employer Contributions, The Employer shall contribute on behalf of each Participant
%of Earnings or$ for the Plan Year(subject to the limitations of Article V of the
Plan).f\f k'.r )Q laienrj O'c- 6"-er V t ?
Mandatory Participant Contributions
• are required RI are not required
to be eligible for this Employer Contribution.
B. Mandatory Participant Contributions for Plan Participation. A Participant is required to contribute
(subject to the limitations of Article V of the Plan)
(i) - %of Earnings,
or
(iii) a whole percentage of Earnings between the range of (insert range of
percentages between 0%and 20%(e.g.,3%, 6%,or 20%;5%to 7%)),as designated by the
Employee in accordance with guidelines and procedures established by the Employer
for the Plan Year as a condition of participation in the Plan, A Participant shall not have the right to
discontinue or vary the rate of such contributions after becoming a Plan Participant.
The Employer hereby elects to"pick up"the Mandatory Participant Contributions,'
• Yes EJ No [621]
C. Mandatory Participant Contributions for this Portion of the Plan. Each Employee eligible
to participate in the Plan shall be given the opportunity to irrevocably elect to participate
in the Mandatory Participant Contribution portion of the Plan by electing to contribute
(insert range of percentages between 0%and 20%(e.g.,3%, 6%,
or 20%;5%to 740))of the Employee's Earnings to the Plan for each Plan Year(subject to the
limitations of Article V of the Plan).
A Participant shall not have the right to discontinue or vary the rate of such contributions after
becoming a Participant in this portion of the Plan.
The Employer hereby elects to"pick up"the Mandatory Participant Contributions,'
• Yes No [621]
Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that
Participant contributions that are picked up by the Employer are not includable in the Participants gross income for federal income tax purposes.
Pick-up contributions are not mandated to receive private letter rulings,however,if an adopting employer wishes to receive a ruling on pick-up
contributions they may request one in accordance with Revenue Procedure 2007-4(or subsequent guidance).
' See footnote I above.
Profit Sharing Plan Adoption Agreement 2
ATTACHMENT B
All member contributions will be deposited to their 457 Plan account. All employer matching and/or non
matching contributions will be deposited to the member's 401 Profit Sharing Plan account.
(a.)The city will match contributions made by individual employee up to six(6)percent of their
compensation during the first ten (10)years of service. This match provided by the city will
be made to the member's 401 Profit Sharing Plan.
(b.)After ten (10)years of service, the City will contribute an additional four (4) percent of the
employee's compensation to the member's 401 Profit Sharing Plan. Matching is not required
for the additional four(4)percent contribution:
3. The Employer will permit Elective Deferrals and Catch-up Contributions elections to be made during the annual
election window of____,____days(at least 30 calendar days), The election window will run from
to (insert annual time frame for the election window or multiple time periods)and will not apply
retroactively.
VIII. EARNINGS
Earnings,as defined under Section 2.10 of the Plan,shall include:
(a) Overtime
n Yes fig No
(b) Bonuses
Yes Nn
(c) Other Pay(specifically describe any other types of pay to be included below)
IX. The Employer will permit rollover contributions in accordance with Section 4.11 of the Plan.
Yes No
X. LIMITATION ON ALLOCATIONS
If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is(or was)a
participant or could possibly become a participant,the Employer hereby agrees to limit contributions to all such plans
as provided herein,if necessary in order to avoid excess contributions(as described in Section 5.04 of the Plan).
1. lithe Participant is covered under another qualified defined contribution plan maintained by the Employer,the
provisions of Section 5.04(a) through(f)of the Plan will apply,unless another method has been indicated below.
11 Other Method. (Provide the method under which the plans will limit total Annual Additions to the
Maximum Permissible Amount,and will properly reduce any excess amounts, in a manner that precludes
Employer discretion.)
2. The limitation year is the following 12 consecutive month period:
5 Profit Sharing Plan Adoption Agreement
6. Loans are permitted under the Plan,as provided in Article XIII of the Plan:
0 Yes 50 No [751]
XIII, SPOUSAL PROTECTION
The Plan will provide the following level of spousal protection(select one):
A. E Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. The
Participant can name any person(s)as the Beneficiary of the Plan,with no spousal consent required. [646:6]
B. 0 Beneficiary Spousal Consent Election(Article XII), The normal form of payment of benefits under the Plan
is a lump sum, Upon death,the surviving spouse is the Beneficiary,unless he or she consents to the
Participant's naming another Beneficiary. (This is the default provision under the Plan if no selection is [646:6]
made.)
C. 0 QJSA Election(Article XVII). The normal form of payment of benefits under the Plan is a 50%qualified
joint and survivor annuity with the spouse(or life annuity,if single). In the event of the Participant's death [642:8]
prior to commencing payments,the spouse will receive an annuity for his or her lifetime, [646:6]
X1V. FINAL PAY CONTRIBUTIONS
The Plan will provide for Final Pay Contributions if either I or 2 below is selected,
Final Pay shall be defined as(select one);
A. 0 Accrued unpaid vacation
B. 0 Accrued unpaid sick leave
C, 0 Accrued unpaid vacation and sick leave
D. 0 Other(insert definition of final pay):
that would otherwise be payable to the Employee in cash upon termination,
1. Employer Final Pay Contribution.The Employer shall contribute on behalf of each Participant
___%of Final Pay to the Plan(subject to the limitations of Article V of the Plan).
(� 2. Employee Designated Final Pay Contribution.Each Employee eligible CO participate in the Plan shall be
given the opportunity at enrollment to irrevocably elect to contribute %(insert fixed percentage of final pay
to be contributed)or up CO %(insert maximum percentage of final pay to be contributed)of Final Pay CO
the Plan(subject to the limitations of Article V of the Plan).
Once elected,an Employee's election shall remain in force and may not be revised or revoked. If the employer
elects to"pick up"these amounts,in no event does the Employee have the option of receiving the pick-up
contribution amount directly.
The Employer hereby elects to"pick up"the Employee Designated Final Pay Contribution thereby treating such
contributions as Employer-made contributions for federal income tax purposes,
0 Yes 0 No [621]
7 Profit Sharing Plan Adoption Agreement
The Employer hereby agrees to the provisions of the Plan and Trust,
XIX. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in
disqualification of the Plan,
XX. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is
qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures
and other official guidance.
In Witness Whereof,the Employer hereby causes this Agreement to he executed on this_t°._day of
_ f i L ___,20
EMPLOYER ICMA RETIREMENT CORPORATION
777__Noah Capital_S_t._,_NE
Washington, DC 20002-4290
202-96 096 r /
�
Print Name: `— ' 4A tisn.J Print Name: ic.■
Title: C r r JYl� ��c.En Title: ) -s •f 1--.
Attest:ct/o ''- Attest:
9 Profit Sharing Plan Adoption Agreement
AGENDA ITEM#6B
JUNE 10,2013
RESOLUTION NO. 13-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA ADOPTING A POLICY
TO HOLD TOWN HALL MEETINGS ON A QUARTERLY BASIS
WHEREAS, it is important to maintain an open relationship with the community and foster a
relationship of open dialogue between the Commission and the citizens of Atlantic Beach.
NOW THEREFORE BE IT RESOLVED, by the City Commission, City of Atlantic Beach as
follows;
Section 1. The City Commission will hold regular Town Hall meetings.
Section 2. The Town Hall meetings will be held quarterly in the months of
January, April, July and October.
Section 3. The location for the Town Hall meetings will alternate quarterly between locations east
and west of Mayport Road.
ADOPTED by the City Commission of the City of Atlantic Beach this 10th day of June, 2013.
MIKE BORNO
Mayor
APPROVED AS TO FORM:
ALAN C. JENSEN,ESQUIRE
City Attorney
ATTEST:
DONNA L.BARTLE, CMC
City Clerk
AGENDA ITEM#7A
JUNE 10,2013
ORDINANCE NO. 20-13-123
AN ORDINANCE AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND
ENDING SEPTEMBER 30, 2013, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City
Commission approve all budgetary increases and transfers at the fund level, and
WHEREAS, the nature of budgetary systems and those day-to-day decisions affecting
such budgetary systems require adjustments from time-to-time, and
WHEREAS, the City adopted the original budget for 2013 without including funds for
employee raises due to pending union negotiations at the time. Those raises are included in this
amendment totaling $29,924 city-wide, and
WHEREAS, this proposed ordinance funds the City negotiated buy-down of personal
leave balances to a maximum of 680 hours in conjunction with eliminating the ability for
employees to cash in unused personal leave in the future. This buy-down was not budgeted, but
was partially off-set by the unused budget that was approved for the employee selected cash-in
program. The original budget for cash-ins of$129,748, less the City mandated buy-down to 680
hours of$102,739 and less the December budgeted cash-ins of$49,815 leaves a budget shortfall
of$22,806 city-wide, and
WHEREAS, the City hired a labor attorney to assist the City Manager with labor
negotiations that was not budgeted. This proposed ordinance adds an additional $32,300 to the
General Fund legal budget, and
WHEREAS, the City has also agreed to transfer the employee contributions to date of
those employees not vested in the General Employee Retirement System defined benefit plan
into a defined contribution plan with interest together with a 100% City match as a way of
closing the Defined Benefit plan to all unvested employees hired after September 2008 and
future general employees. This proposed ordinance includes $66,638 for that purpose. The
ordinance also includes a small change in the employee contributions to the Defined Benefit plan
as a result of the employees being removed from that system, and
WHEREAS, this proposed ordinance creates a budget for the revenues and expenses of
the new trust fund to reflect the initial deposit of the City's matched contributions, but not
include at this time a budget for the City's match of employee contributions made between
implementation and the end of the year. This will be addressed with the year end adjustment due
to the inability to predict participation at this time, and
WHEREAS, the City Commission has authorized foreclosure on a residential property
located at 765 Sabalo Road for unpaid code enforcement fines and property taxes. A settlement
was reached requiring the City to pay the owner $4,000 along with the taxes and miscellaneous
fees to acquire the property for a total of$13,040, and
WHEREAS,the City Commission has agreed to assist with the funding of the
Jacksonville Beach Fourth of July fireworks display by contributing$5,000.
AGENDA ITEM#7A
JUNE 10,2013
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 2012/2013 Budget to be amended as follows:
GENERAL FUND
Expenses:
Salary and Benefits of all departments per attached Schedule A $98,312
City Administration
Legal Division
Professional Services 32,300
Non-Departmental
Land Purchase 13,040
Jacksonville Beach fireworks display 5,000
Transfer to General Employee Profit Sharing Plan- match 66,638
Total Expenses: $215,290
Fund Balance $215,290
PUBLIC UTILITIES—WATER AND SEWER UTILITY FUNDS COMBINED
Expenses:
Salary and Benefits of all departments per attached Schedule A $13,878
Fund Balance: (13,878)
SANITATION FUND
Expenses:
Salary and Benefits per attached Schedule A ($280)
Fund Balance: $280
BUILDING CODE ENFORCEMENT FUND
Expenses:
Salary and Benefits per attached Schedule A $3,125
Fund Balance: ($3,125)
STORM WATER UTILITY FUND
Expenses:
Salary and Benefits per attached Schedule A $4,325
Fund Balance: ($4,325)
Ordinance No.20-13-123 Page 2 of 3
AGENDA ITEM#7A
JUNE 10,2013
GENERAL EMPLOYEE RETIREMENT TRUST FUND
Revenues:
Employee Contributions—Those leaving the system ($7,906)
Employee Contributions—Those to pay 1% more $7,477
Total Revenues ($429)
Expenses:
Pension Contribution Refunds—Transferred to 401 $66,638
Fund Balance ($67,067)
GENERAL EMPLOYEE DEFINED CONTRIBUTION PLAN
Revenues:
Contributions from City $66,638
Fund Balance $66,638
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this 13th day of May 2013.
Passed by the City Commission on second and final reading this 10th day of June 2013.
Mike Borno
Mayor/Presiding Officer
Approved as to form and correctness: ATTEST:
Alan C. Jensen, Esquire Donna L. Bartle, CMC
City Attorney City Clerk
Ordinance No.20-13-123 Page 3 of 3
AGENDA ITEM II 7B
JUNE 10,2013
ORDINANCE NO. 58-13-35
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
ESTABLISHING CHAPTER 2, ADMINISTRATION,
ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 5, CITY
OF ATLANTIC BEACH DEFINED CONTRIBUTION PLAN,
SECTIONS 2-320 THROUGH 2-330, PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Atlantic Beach General Employees are presently provided
pension and certain other benefits under Ordinances of the City of Atlantic Beach and;
WHEREAS, the City Commission wishes to establish a Profit Sharing Plan. This Plan
shall be maintained as a governmental profit sharing plan under the provisions of Section 401 of
the United States Internal Revenue Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA;
SECTION 1: That Chapter 2, Administration, Article VI, Employee Benefits, Division
5, City of Atlantic Beach Defined Contribution Plan, Sections 2-320 through 2-340, inclusive, of
the Code of Ordinances of the City of Atlantic Beach, is hereby established as set forth in the
document designated CITY OF ATLANTIC BEACH DEFINED CONTRIBUTION PLAN
attached hereto and made a part hereof.
SECTION 2: Specific authority is hereby granted to codify and incorporate this
Ordinance in the existing Code of Ordinances of the City of Atlantic Beach.
SECTION 3: All Ordinances or parts of Ordinances in conflict herewith and the same
are hereby repealed.
SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or
the particular application thereof shall be held invalid by any court, administrative agency, or
other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or
phrases under application shall not be affected thereby.
AGENDA ITEM#7B
JUNE 10,2013
SECTION 5: That this Ordinance shall become effective upon its adoption.
PASSED ON FIRST READING, this 13th day of May 2013.
PASSED AND ADOPTED ON SECOND AND FINAL READING, this 10th day of
June 2013.
MIKE BORNO
MAYOR
ATTEST:
DONNA L. BARTLE, CMC
CITY CLERK
Approved as to form:
ALAN C. JENSEN, ESQUIRE
CITY ATTORNEY
Ordinance No. 58-13-35 Page 2 of 5
AGENDA ITEM#7B
JUNE 10,2013
CITY OF ATLANTIC BEACH DEFINED CONTRIBUTION PLAN
Sec. 2-320. Eligibility and Membership Requirements.
(a) Conditions of eligibility.
1. An employee is eligible to participate in the Defined Contribution Plan if they are
employed with the City on or after September 1, 2008; and
2. The employee specified above is in a full-time position with the City or is in the
classification of regular part-time employee who has a regular schedule of hours worked
each pay period.
(b) Conditions of ineligibility.
1. An employee is ineligible to participate in the Defined Contribution Plan if employed by
the City prior to September 1, 2008 and is a member of the Defined Benefit Pension Plan
for the City of Atlantic Beach; or
2. If any city managerial or professional employee is employed pursuant to an individual
contract of employment with different terms and conditions for a defined contribution
plan is ineligible to participate in this Defined Contribution Plan; or
3. Any person whose service to the city is rendered on a contractual or fee basis is ineligible
to participate in the Defined Contribution Plan; or
4. Any person employed in a position classified as seasonal is ineligible to participate in the
Defined Contribution Plan; or
5. Any person covered by a bargaining agreement between the City and the City of Atlantic
Beach Police Department is ineligible to participate in the Defined Contribution Plan; or
6. Any participant of the Atlantic Beach Police Officers' Retirement System is not eligible
to participate in the Defined Contribution Plan; or
7. An elected official when serving in their capacity during their time in office is ineligible
to participate in the Defined Contribution Plan.
(c) Membership.
1. An eligible employee may enroll in the Defined Contribution Plan at any time during their
employment with the city.
2. All employees that meet the above conditions of eligibility will be enrolled in the City of
Atlantic Beach Defined Contribution Plan at 10 years of service if they have not already
become members before reaching 10 years of service.
Sec. 2-321. Plan Year.
(a) Plan Year The Plan Year will be defined as the twelve(12) consecutive month period
commencing on October 1.
Ordinance No. 58-13-35 Page 3 of 5
AGENDA ITEM#7B
JUNE 10,2013
Sec. 2-322. Normal Retirement Age.
(a) Retirement Age. Normal retirement age for the City of Atlantic Beach Defined Contribution Plan
shall be age sixty(60).
Sec. 2-323. Variable Employer Match of Voluntary Participant Contributions.
(a) Employer Contributions. During the first ten(10) years of service, the Employer shall contribute
matching contributions up to six(6) percent of earnings based on the Participants' percentage of
earnings contributed to the 457 Defined Contribution Plan.
(b) Employer contributions for a Plan Year shall be contributed to the Trust bi-weekly.
Sec. 2-324. Contribution Provisions.
(a) Employer Contributions. The employer shall contribute a fixed contribution of four(4) percent of
earnings after the employee has obtained ten (10) years of service at the City. Mandatory
participant contributions are not required.
Sec. 2-325. Earnings.
(a) Earnings. Earnings, as defined under Sec. 2-323 shall not include overtime or bonuses.
(b) At Termination. Earnings will not include accrued unpaid personal leave and/or comp time that
would otherwise be paid to the employee in cash.
Sec. 2-326. Vesting Provisions.
(a) Vesting. The Employee will be fully vested at 5 (five) years of completed service. The date of
enrollment in the Plan does not affect the vesting period.
(b) Non-vested members of the City of Atlantic Beach Defined Benefit Plan who are transferred to the
Defined Contribution Plan will receive credit for their years of service towards vesting.
Sec. 2-327. Withdraws and Loans.
(a) Loans. Loans from the City of Atlantic Beach Defined Contribution Plan are not permitted.
(b) In-service distributions. In-service distributions from the City of Atlantic Beach Defined
Contribution Plan are not permitted at any age.
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Sec. 2-328. Spousal Protection.
(a) Spousal Protection, The Plan will provide Participant Directed Election. The normal form of
payment of benefits under the Plan is a lump sum. The Participant can name any person(s)as the
Beneficiary of the Plan, with no spousal consent required.
Sec. 2-329. Administrative Provisions.
(a) The City Commission shall adopt the terms and provisions for the administrative provisions of the
Defined Contribution Plan by resolution, provided that they shall not conflict with any of the
provisions of this ordinance.
Sec. 2-330 to 2-340. RESERVED
Ordinance No. 58-13-35 Page 5 of 5
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JUNE 10,2013
ORDINANCE NO. 58-13-36
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
AMENDING AND RESTATING CHAPTER 2,
ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS,
DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM,
SECTIONS 2-300 THROUGH 2-310.29, INCLUSIVE, OF THE
CODE OF ORDINANCES OF THE CITY OF ATLANTIC
BEACH, BY RESTATING THE CITY OF ATLANTIC BEACH
POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF
PROVISIONS; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Atlantic Beach Police Officers are presently provided pension
and certain other benefits under Ordinances of the City of Atlantic Beach and;
WHEREAS, the City Commission desires to clarify and restate the provisions of the
Police Officers' Retirement System to consolidate all prior ordinances and Code provisions and
to incorporate Federal law and the applicable provisions of Chapter 185, Florida Statutes; and
WHEREAS, the City Commission also desires to amend and adjust the benefits
currently provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA;
SECTION 1: That Chapter 2, Administration, Article VI, Employee Benefits, Division
4, Police Officers' Retirement Plan, Sections 2-300 through 2-310.29, inclusive, of the Code of
Ordinances of the City of Atlantic Beach, is hereby amended and restated as set forth in the
document designated CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT
SYSTEM, attached hereto and made a part hereof.
SECTION 2: Specific authority is hereby granted to codify and incorporate this
Ordinance in the existing Code of Ordinances of the City of Atlantic Beach.
SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or
the particular application thereof shall be held invalid by any court, administrative agency, or
AGENDA ITEM#7C
JUNE 10,2013
other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or
phrases under application shall not be affected thereby.
SECTION 5: That this Ordinance shall become effective upon its adoption.
PASSED ON FIRST READING, this 13th day of May 2013.
PASSED AND ADOPTED ON SECOND READING,this 10th day of June 2013.
Mike Borno
Mayor
ATTEST:
Donna L. Bartle, CMC
City Clerk
Approved as to form:
Alan C. Jensen, Esquire
City Attorney
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JUNE 10,2013
CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM
Sec. 2-300. Definitions.
(a) As used herein, unless otherwise defined or required by the context, the following
words and phrases shall have the meaning indicated:
Accumulated contributions means a member's own contributions with interest
compounded annually on October 1 of each year based on the two-year Treasury Rate as of
October 1 of each year plus interest at the same rate payable through the date of termination of
employment. For those members who purchase credited service with interest or at no cost to the
system, any payment representing the amount attributable to member contributions based on the
applicable member contribution rate, and any payment representing interest and any required
actuarially calculated payments for the purchase of such credited service shall be included in
accumulated contributions, with interest. Interest shall accrue only during periods of active
employment.
Actuarial equivalent means a benefit or amount of equal value, based upon the RP-2000
Combined Healthy Male Generational Mortality Table projected by Scale AA, and an interest
rate of eight (8%) per annum. This definition may only be amended by the city pursuant to the
recommendation of the board using assumptions adopted by the board with the advice of the
plan's actuary, such that actuarial assumptions are not subject to city discretion.
Average final compensation means one-twelfth (1/12) of the average salary of the five (5)
best years of the last ten (10) years of credited service prior to retirement, termination, or death,
or the career average as a full-time Police Officer, whichever is greater. A year shall be twelve
(12) consecutive months.
Beneficiary means the person or persons entitled to receive benefits hereunder at the
death of a member who has or have been designated in writing by the member and filed with the
board. If no such designation is in effect, or if no person so designated is living, at the time of
death of the member, the beneficiary shall be the estate of the member.
Board means the board of trustees, which shall administer and manage the system herein
provided and serve as trustees of the fund.
City means City of Atlantic Beach, Florida.
Credited service means the total number of years and fractional parts of years of service
as a Police Officer with member contributions, when required, omitting intervening years or
fractional parts of years when such member was not employed by the city as a Police Officer. A
member may voluntarily leave his accumulated contributions in the fund for a period of five (5)
years after leaving the employ of the Police department pending the possibility of being
reemployed as a Police Officer, without losing credit for the time that he was a member of the
system. If a vested member leaves the employ of the Police department, his accumulated
contributions will be returned only upon his written request. If a member who is not vested is
not reemployed as a Police Officer with the Police department within five (5) years, his
accumulated contributions, if one-thousand dollars ($1,000.00) or less shall be returned. If a
Member who is not vested is not reemployed within five (5) years, his Accumulated
Contributions, if more than one-thousand dollars ($1,000.00), will be returned only upon the
written request of the Member and upon completion of a written election to receive a cash lump
sum or to rollover the lump sum amount on forms designated by the Board. Upon return of a
member's accumulated contributions, all of his rights and benefits under the system are forfeited
and terminated. Upon any reemployment, a Police Officer shall not receive credit for the years
Ordinance No. 58-13-36 Page 3 of 48
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and fractional parts of years of service for which he has withdrawn his accumulated contributions
from the fund, unless the Police Officer repays into the fund the contributions he has withdrawn,
with interest, as determined by the board, within ninety (90) days after his reemployment.
The years or fractional parts of a year that a member performs "Qualified Military
Service" consisting of voluntary or involuntary "service in the uniformed services" as defined in
the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L.103-353),
after separation from employment as a Police Officer with the city to perform training or service,
shall be added to his years of credited service for all purposes, including vesting, provided that:
(1) The member is entitled to reemployment under the provisions of USERRA.
(2) The member returns to his employment as a Police Officer within one year from
the earlier of the date of his military discharge or his release from active service,
unless otherwise required by USERRA.
(3) The maximum credit for military service pursuant to this paragraph shall be five
(5) years.
(4) This paragraph is intended to satisfy the minimum requirements of USERRA. To
the extent that this paragraph does not meet the minimum standards of USERRA,
as it may be amended from time to time, the minimum standards shall apply.
In the event a member dies on or after January 1, 2007, while performing USERRA
Qualified Military Service, the beneficiaries of the member are entitled to any benefits (other
than benefit accruals relating to the period of qualified military service) as if the member had
resumed employment and then died while employed.
Beginning January 1, 2009, to the extent required by section 414(u)(12) of the code, an
individual receiving differential wage payments (as defined under section 3401(h)(2) of the
code) from an employer shall be treated as employed by that employer, and the differential wage
payment shall be treated as compensation for purposes of applying the limits on annual additions
under section 415(c) of the code. This provision shall be applied to all similarly situated
individuals in a reasonably equivalent manner.
Effective date means the date on which this ordinance becomes effective.
Fund means the trust fund established herein as part of the system.
IRC means the Internal Revenue Code of 1986, as amended from time to time.
Member means an actively employed Police Officer who fulfills the prescribed
membership requirements. Benefit improvements which, in the past, have been provided for by
amendments to the system adopted by city ordinance, and any benefit improvements which
might be made in the future shall apply prospectively and shall not apply to members who
terminate employment or who retire prior to the effective date of any ordinance adopting such
benefit improvements, unless such ordinance specifically provides to the contrary.
Plan year means the twelve (12) month period beginning October 1 and ending
September 30 of the following year.
Police Officer means an actively employed full-time person, employed by the City,
including his initial probationary employment period, who is certified as a Police Officer as a
condition of employment in accordance with the provisions of§943.1395, Florida Statutes, who
is vested with authority to bear arms and make arrests, and whose primary responsibility is the
Ordinance No. 58-13-36 Page 4 of 48
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prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of the
State of Florida.
Retiree means a member who has entered retirement status.
Retirement means a member's separation from city employment with eligibility for
immediate receipt of benefits under the system or entry into the deferred retirement option plan.
Salary means the total compensation for services rendered to the city as a Police Officer
reportable on the member's W-2 form plus all tax deferred, tax sheltered, or tax exempt items of
income derived from elective employee payroll deductions or salary reductions. Compensation
shall include base salary or wages, longevity pay, overtime pay, cost of living payments, salary
or wages while absent from work on account of vacation, holiday, or illness, and will also
include incentive pay as defined in Chapter 943.22, Florida Statutes. Compensation shall not
include redemptions or payments in consideration of unused vacation time or sick leave, the
value of any fringe benefit, uniform allowances, equipment allowances, reimbursement of
expenses, or payments for extra duty or a special detail work performed on behalf of a second
party employer or any other item not specifically included. For service earned after February 26,
2013, (the "effective date"), Salary shall not include more than three hundred (300) hours of
overtime per calendar year. Provided however, in any event, payments for overtime in excess of
three hundred (300) hours per year accrued as of the effective date and attributable to service
earned prior to the effective date, may still be included in Salary for pension purposes even if the
payment is not actually made until on or after the effective date.
Compensation in excess of the limitations set forth in Section 401(a)(17) of the IRC as of
the first day of the plan year shall be disregarded for any purpose, including employee
contributions or any benefit calculations. The annual compensation of each member taken into
account in determining benefits or employee contributions for any plan year beginning on or
after January 1, 2002, may not exceed $200,000, as adjusted for cost-of-living increases in
accordance with IRC Section 401(a)(17)(B). Compensation means compensation during the
fiscal year. The cost-of-living adjustment in effect for a calendar year applies to annual
compensation for the determination period that begins with or within such calendar year. If the
determination period consists of fewer than 12 months, the annual compensation limit is an
amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the
numerator of which is the number of months in the short determination period, and the
denominator of which is 12. If the compensation for any prior determination period is taken into
account in determining a member's contributions or benefits for the current plan year, the
compensation for such prior determination period is subject to the applicable annual
compensation limit in effect for that prior period. The limitation on compensation for an
"eligible employee" shall not be less than the amount which was allowed to be taken into account
hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a member
before the first plan year beginning after December 31, 1995.
Spouse means the lawful wife or husband of a member or retiree at the time benefits
become payable.
System means the City of Atlantic Beach Police Officers' Retirement System as contained
herein and all amendments thereto.
(b) Masculine gender. The masculine gender, where used herein, unless the context
specifically requires otherwise, shall include both the feminine and masculine genders.
Sec. 2-301. Membership.
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Conditions of eligibility. All police officers as of the effective date, and all future new
police officers, shall become members of this system as a condition of employment.
Notwithstanding the previous sentence, the Police Chief may, within sixty (60) days of
appointment as Police Chief, notify the board and the City, in writing, of his election to not be a
member of the system. In the event of any such election, he shall be barred from future
membership in the system and any vested accrued benefit shall be retained and paid when
otherwise payable herein, or contributions made after employment and prior to opting out shall
be refunded. Thereafter, contributions to the plan in accordance with §2-304 shall not be
required, he shall not be eligible to be elected as a member trustee on the board or vote for a
member trustee and shall not be eligible for any other benefits from the plan.
Sec. 2-302. Board of trustees.
(a) The sole and exclusive administration of and responsibility for the proper
operation of the system and for making effective the provisions of this ordinance is hereby
vested in a board of trustees. The board is hereby designated as the plan administrator. The
board shall consist of five (5) trustees, two (2) of whom, unless otherwise prohibited by law,
shall be legal residents of the city, who shall be appointed by the Atlantic Beach City
Commission, and two (2) of whom shall be members of the system, who shall be elected by a
majority of the Police Officers who are members of the system. The fifth trustee shall be chosen
by a majority of the previous four (4) trustees as provided for herein, and such person's name
shall be submitted to the Atlantic Beach City Commission. Upon receipt of the fifth person's
name, the Atlantic Beach City Commission shall, as a ministerial duty, appoint such person to
the board as its fifth trustee. The fifth trustee shall have the same rights as each of the other four
(4) trustees appointed or elected as herein provided and shall serve a four (4) year term unless he
sooner vacates the office. Each resident trustee shall serve as trustee for a period of four (4)
years, unless he sooner vacates the office or is sooner replaced by the Atlantic Beach City
Commission at whose pleasure he shall serve. Each member trustee shall serve as trustee for a
period of four (4)years, unless he sooner leaves the employment of the city as a Police Officer or
otherwise vacates his office as trustee, whereupon a successor shall be chosen in the same
manner as the departing trustee. Each trustee may succeed himself in office. DROP participants
can be elected as but not vote for elected trustees. The board shall establish and administer the
nominating and election procedures for each election. The board shall meet at least quarterly
each year. The board shall be a legal entity with, in addition to other powers and responsibilities
contained herein, the power to bring and defend lawsuits of every kind, nature, and description.
(b) The trustees shall, by a majority vote, elect a chairman, vice-chairman and a
secretary. The secretary of the board shall keep a complete minute book of the actions,
proceedings, or hearings of the board. The trustees shall not receive any compensation as such,
but may receive expenses and per diem as provided by law.
(c) Each trustee shall be entitled to one (1) vote on the board. Three (3) affirmative
votes shall be necessary for any decision by the trustees at any meeting of the board. A trustee
shall abstain from voting as the result of a conflict of interest and shall comply with the
provisions of F.S. §112.3143.
(d) The board shall engage such actuarial, accounting, legal, and other services as
shall be required to transact the business of the system. The compensation of all persons
engaged by the board and all other expenses of the board necessary for the operation of the
system shall be paid from the fund at such rates and in such amounts as the board shall agree. In
the event the board chooses to use the city's legal counsel, actuary or other professional,
technical or other advisors, it shall do so only under terms and conditions acceptable to the
board.
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(e) The duties and responsibilities of the board shall include, but not necessarily be
limited to, the following:
(1) To construe the provisions of the system and determine all questions arising
thereunder.
(2) To determine all questions relating to eligibility and membership.
(3) To determine and certify the amount of all retirement allowances or other benefits
hereunder.
(4) To establish uniform rules and procedures to be followed for administrative
purposes, benefit applications and all matters required to administer the system.
(5) To distribute to members, at regular intervals, information concerning the system.
(6) To receive and process all applications for benefits.
(7) To authorize all payments whatsoever from the fund, and to notify the disbursing
agent, in writing, of approved benefit payments and other expenditures arising
through operation of the system and fund.
(8) To have performed actuarial studies and valuations, at least as often as required
by law, and make recommendations regarding any and all changes in the
provisions of the system.
(9) To perform such other duties as are required to prudently administer the system.
Sec. 2-303. Finances and fund management.
Establishment and operation of fund.
(a) As part of the system, there is hereby established the fund, into which shall be
deposited all of the contributions and assets whatsoever attributable to the system, including the
assets of the prior Police Officers' Retirement System.
(b) The actual custody and supervision of the fund (and assets thereof) shall be vested
in the board. Payment of benefits and disbursements from the fund shall be made by the
disbursing agent but only upon written authorization from the board.
(c) All funds of the Police Officers' Retirement System may be deposited by the
board with the Finance Director of the city, acting in a ministerial capacity only, who shall be
liable in the same manner and to the same extent as he is liable for the safekeeping of funds for
the city. However, any funds so deposited with the Finance Director of the city shall be kept in a
separate fund by the Finance Director or clearly identified as such funds of the Police Officers'
Retirement System. In lieu thereof, the board shall deposit the funds of the Police Officers'
Retirement System in a qualified public depository as defined in F.S. § 280.02, which depository
with regard to such funds shall conform to and be bound by all of the provisions of F.S. ch. 280.
In order to fulfill its investment responsibilities as set forth herein, the board may retain the
services of a custodian bank, an investment advisor registered under the Investment Advisors Act
of 1940 or otherwise exempt from such required registration, an insurance company, or a
combination of these, for the purposes of investment decisions and management. Such
investment manager shall have discretion, subject to any guidelines as prescribed by the board, in
the investment of all fund assets.
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(d) All funds and securities of the system may be commingled in the fund, provided
that accurate records are maintained at all times reflecting the financial composition of the fund,
including accurate current accounts and entries as regards the following:
(1) Current amounts of accumulated contributions of members on both an individual
and aggregate account basis, and
(2) Receipts and disbursements, and
(3) Benefit payments, and
(4) Current amounts clearly reflecting all monies, funds and assets whatsoever
attributable to contributions and deposits from the city, and
(5) All interest, dividends and gains (or losses)whatsoever, and
(6) Such other entries as may be properly required so as to reflect a clear and
complete financial report of the fund.
(e) An audit shall be performed annually by a certified public accountant for the most
recent fiscal year of the system showing a detailed listing of assets and a statement of all income
and disbursements during the year. Such income and disbursements must be reconciled with the
assets at the beginning and end of the year. Such report shall reflect a complete evaluation of
assets on both a cost and market basis, as well as other items normally included in a certified
audit.
(f) The board shall have the following investment powers and authority:
(1) The board shall be vested with full legal title to said fund, subject, however, and
in any event to the authority and power of the Atlantic Beach City Commission to
amend or terminate this fund, provided that no amendment or fund termination
shall ever result in the use of any assets of this fund except for the payment of
regular expenses and benefits under this system, except as otherwise provided
herein. All contributions from time to time paid into the fund, and the income
thereof, without distinction between principal and income, shall be held and
administered by the board or its agent in the fund and the board shall not be
required to segregate or invest separately any portion of the fund.
(2) All monies paid into or held in the fund shall be invested and reinvested by the
board and the investment of all or any part of such funds shall be subject to the
following:
(1) Notwithstanding any limitation provided for in Chapter 185, Florida
Statutes to the contrary (unless such limitation may not be amended by
local ordinance) or any limitation in prior city ordinances to the contrary,
all monies paid into or held in the fund may be invested and reinvested in
such securities, investment vehicles or property wherever situated and of
whatever kind, as shall be approved by the board, including but not limited
to common or preferred stocks, bonds, and other evidences of
indebtedness or ownership. In no event, however, shall more than twenty-
five percent of the assets of the fund at market value be invested in foreign
securities.
(2) The board shall develop and adopt a written investment policy statement
setting forth permissible types of investments, goals and objectives of
investments and setting quality and quantity limitations on investments in
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accordance with the recommendations of its investment consultants. The
investment policy statement shall be reviewed by the board at least
annually.
(3) In addition, the board may, upon recommendation by the board's
investment consultant, make investments in group trusts meeting the
requirements of Internal Revenue Service Revenue Ruling 81-100 and
Revenue Ruling 2011-1 or successor rulings or guidance of similar import,
and operated or maintained exclusively for the commingling and
collective investment of monies, provided that the funds in the group trust
consist exclusively of trust assets held under plans qualified under section
401(a) of the code, individual retirement accounts that are exempt under
section 408(e) of the code, eligible governmental plans that meet the
requirements of section 457(b) of the code, and governmental plans under
401(a)(24) of the code. For this purpose, a trust includes a custodial
account that is treated as a trust under section 401(f) or under section
457(g)(3) of the code. While any portion of the assets of the fund are
invested in such a group trust, such group trust is itself adopted as a part of
the system or plan.
(3) At least once every three (3) years, and more often as determined by the board,
the board shall retain a professionally qualified independent consultant, as defined
in F.S. §185.06, to evaluate the performance of all current investment managers
and make recommendations regarding the retention of all such investment
managers. These recommendations shall be considered by the board at its next
regularly scheduled meeting.
(4) The board may retain in cash and keep unproductive of income such amount of
the fund as it may deem advisable, having regard for the cash requirements of the
system.
(5) Neither the board nor any trustee shall be liable for the making, retention or sale
of any investment or reinvestment made as herein provided, nor for any loss or
diminishment of the fund, except that due to his or its own negligence, willful
misconduct or lack of good faith.
(6) The board may cause any investment in securities held by it to be registered in or
transferred into its name as trustee or into the name of such nominee as it may
direct, or it may retain them unregistered and in form permitting transferability,
but the books and records shall at all times show that all investments are part of
the fund.
(7) The board is empowered, but is not required, to vote upon any stocks, bonds, or
securities of any corporation, association, or trust and to give general or specific
proxies or powers of attorney with or without power of substitution; to participate
in mergers, reorganizations, recapitalizations, consolidations, and similar transac-
tions with respect to such securities; to deposit such stock or other securities in
any voting trust or any protective or like committee with the trustees or with
depositories designated thereby; to amortize or fail to amortize any part or all of
the premium or discount resulting from the acquisition or disposition of assets;
and generally to exercise any of the powers of an owner with respect to stocks,
bonds, or other investments comprising the fund which it may deem to be to the
best interest of the fund to exercise.
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(8) The board shall not be required to make any inventory or appraisal or report to
any court, nor to secure any order of court for the exercise of any power contained
herein.
(9) Where any action which the board is required to take or any duty or function
which it is required to perform either under the terms herein or under the general
law applicable to it as trustee under this ordinance, can reasonably be taken or
performed only after receipt by it from a member, the city, or any other entity, of
specific information, certification, direction or instructions, the board shall be free
of liability in failing to take such action or perform such duty or function until
such information, certification, direction or instruction has been received by it.
(10) Any overpayments or underpayments from the fund to a member, retiree or
beneficiary caused by errors of computation shall be adjusted with interest at a
rate per annum approved by the board in such a manner that the actuarial
equivalent of the benefit to which the member, retiree or beneficiary was correctly
entitled, shall be paid. Overpayments shall be charged against payments next
succeeding the correction or collected in another manner if prudent. Underpaym-
ents shall be made up from the fund in a prudent manner. Overpayments to a
deceased retiree, beneficiary or joint annuitant of less than one monthly payment
resulting from the death of the retiree, beneficiary or joint annuitant shall not be
recouped.
(11) The board shall sustain no liability whatsoever for the sufficiency of the fund to
meet the payments and benefits provided for herein.
(12) In any application to or proceeding or action in the courts, only the board shall be
a necessary party, and no member or other person having an interest in the fund
shall be entitled to any notice or service of process. Any judgment entered in
such a proceeding or action shall be conclusive upon all persons.
(13) Any of the foregoing powers and functions reposed in the board may be
performed or carried out by the board through duly authorized agents, provided
that the board at all times maintains continuous supervision over the acts of any
such agent; provided further, that legal title to said fund shall always remain in the
board.
Sec. 2-304. Contributions.
(a) Member contributions.
(1) Amount. Each member of the system shall be required to make regular
contributions to the fund in the amount of six percent (6.0%) of his salary
beginning with the first full pay period following the effective date of the
ordinance amending this subsection, seven percent (7.0%) of his salary effective
October 1, 2013, and eight percent (8.0%) of his salary effective October 1, 2014.
Member contributions withheld by the city on behalf of the member shall be
deposited with the board immediately after each pay period. The contributions
made by each member to the fund shall be designated as employer contributions
pursuant to §414(h) of the IRC. Such designation is contingent upon the
contributions being excluded from the members' gross income for Federal Income
Tax purposes. For all other purposes of the system, such contributions shall be
considered to be member contributions.
(2) Method. Such contributions shall be made by payroll deduction.
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(b) State contributions. Any monies received or receivable by reason of laws of the
State of Florida, for the express purpose of funding and paying for retirement benefits for Police
Officers of the city shall be deposited in the fund comprising part of this system immediately and
under no circumstances more than five (5) days after receipt by the city.
(c) City contributions. So long as this system is in effect, the city shall make at least
quarterly contributions to the fund in an amount equal to the required city contribution as shown
by the applicable actuarial valuation of the system.
(d) Other. Private donations, gifts and contributions may be deposited to the fund,
but such deposits must be accounted for separately and kept on a segregated bookkeeping basis.
funds arising from these sources may be used only for additional benefits for members, as
determined by the board, and may not be used to reduce what would have otherwise been
required city contributions.
Sec. 2-305. Benefit amounts and eligibility.
(a) Normal retirement date. For members hired before January 1, 2013, a member's
normal retirement date shall be the first day of the month coincident with, or next following the
earlier of the attainment of age fifty (50) and the completion of twenty (20) years of credited
service, the attainment of age fifty-five (55) and the completion of ten (10) years of credited
service, the completion of twenty-five (25) years of credited service regardless of age, or the
attainment of age sixty (60) and the completion of five (5) years of credited service. For
members hired on or after January 1, 2013, a member's normal retirement date shall be the first
day of the month coincident with, or next following the earlier of the attainment of age fifty-five
(55) and the completion of ten (10) years of credited service, or the attainment of age fifty-two
(52) and the completion of twenty-five (25) years of credited service. A member may retire on
his normal retirement date or on the first day of any month thereafter, and each member shall
become one hundred (100) percent vested in his accrued benefit on the member's normal
retirement date. Normal retirement under the system is retirement from employment with the
city on or after the normal retirement date.
(b) Normal retirement benefit. A member retiring hereunder on or after his normal
retirement date shall receive a monthly benefit which shall commence on the first day of the
month coincident with or next following his retirement and be continued thereafter during
member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments
guaranteed in any event. For members hired before January 1, 2013, the monthly retirement
benefit shall equal three percent (3.0%) of average final compensation for each year of credited
service. For members hired on or after January 1, 2013, the monthly retirement benefit shall
equal two percent (2.0%) of average final compensation for each year of credited service.
(c) Early retirement date. A member may retire on his early retirement date which
shall be the first day of any month coincident with or next following the attainment of age fifty
(50) and the completion of ten (10) years of credited service. Early retirement under the system
is retirement from employment with the city on or after the early retirement date and prior to the
normal retirement date.
(d) Early retirement benefit. A member retiring hereunder on his early retirement
date may receive either a deferred or an immediate monthly retirement benefit payable in the
same form as for normal retirement as follows:
(1) A deferred monthly retirement benefit which shall commence on what would
have been his normal retirement date, determined based upon his actual years of
credited service and shall be continued on the first day of each month thereafter.
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The amount of each such deferred monthly retirement benefit shall be determined
in the same manner as for retirement on his normal retirement date, determined
based upon his actual years of credited service, except that credited service and
average final compensation shall be determined as of his early retirement date; or
(2) An immediate monthly retirement benefit which shall commence on his early
retirement date and shall be continued on the first day of each month thereafter.
The benefit payable shall be as determined in paragraph (1) above, reduced by
three percent (3%) for each year by which the commencement of benefits
precedes the date which would have been the member's normal retirement date
determined based upon his actual years of credited service.
(e) Required distribution date. The member's benefit under this section must begin to
be distributed to the member no later than April 1 of the calendar year following the later of the
calendar year in which the member attains age seventy and one-half(701/2) or the calendar year
in which the member terminates employment with the city.
Sec. 2-306. Pre-retirement death.
(a) Prior to eligibility for retirement. The beneficiary of a deceased member who
was not receiving monthly benefits or who was not yet vested as provided for in section 2-308 or
eligible for early or normal retirement shall receive a refund of one-hundred percent (100%) of
the member's accumulated contributions.
(b) Deceased members vested or eligible for retirement. In the event a vested
member dies prior to retirement, a pre-retirement death benefit shall be paid as follows:
(1) Deceased Members with a Designated Beneficiary who is not a Surviving Spouse
or Child. This subsection applies only when the member's spouse and/or children
is/are not the beneficiary or beneficiaries, in which case subsection (2) below
applies, but there is a surviving designated beneficiary. The designated
beneficiary shall be entitled to a benefit as follows:
a. A pension benefit computed according to section 2-305(b)and calculated
as if the member had selected the100% joint and survivor option
computed in accordance with section 2-309(a)(2), and had retired the day
preceding his death, notwithstanding that the member may not have
satisfied the conditions for retirement.
b. A beneficiary may not elect an optional form of benefit, however the
board may elect to make a lump sum payment pursuant to section 2-309,
subsection(g).
c. If a surviving beneficiary commences receiving a benefit under paragraph
(1) above, but dies before all payments are made, unless otherwise
provided for herein, the actuarial value of the remaining benefit will be
paid to the surviving beneficiary's estate by December 31 of the calendar
year of the beneficiary's death in a lump sum.
d. The Uniform Lifetime Table in Treasury Regulations § 1.401(a)(9)-9 shall
determine the payment period for the calendar year benefits commence, if
necessary to satisfy the regulations.
(2) Deceased Members with Surviving Spouse and/or Children. This subsection (2)
applies only when the member's spouse and/or child(ren) are the designated
beneficiary or beneficiaries or the deceased member failed to designate a
beneficiary, and leaves a surviving spouse and/or child(ren). Under these
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circumstances, the surviving spouse and/or child(ren) shall be entitled to a benefit
as follows:
a. If the deceased member was not vested in accordance with section 2-308
at the time of his death, his surviving spouse or his child or children
(equally), if he leaves no surviving spouse, shall receive a benefit equal to
the benefit provided for in (a) above.
b. If the deceased member was vested in accordance with section 2-308 at
the time of his death, his surviving spouse and/or child(ren) shall receive a
benefit as follows:
1. The surviving spouse shall be paid a pension equal to the greater of
the benefit provided for in(a) above or seventy-five (75) percent of
the amount of the life only pension option computed in accordance
with section 2-309(a)(1), based on the deceased member's final
average compensation and credited service at the time of death. A
surviving spouse's pension shall terminate upon death. The
surviving spouse of any deceased member shall not lose the
survivor retirement benefits if the spouse remarries.
2. The deceased member's unmarried children under the age of
nineteen (19) years, or twenty-three (23) years if enrolled full-time
as a student in an educational institution, shall each be paid an
equal share of a percentage of the retiree's life only pension benefit
computed in accordance with section 2-309(a)(1), based on the
deceased member's final average compensation and credited
service at the time of death. The percent shall be zero (0) percent
during periods that a pension is being paid to the surviving spouse
in accordance with the provisions of paragraph 1. and fifty (50)
percent during periods a pension is not being paid to the surviving
spouse. A surviving child's pension shall terminate upon
attainment of age nineteen(19) years or, if over nineteen(19) years
but less than twenty-three (23) years, when no longer being
enrolled as a full-time student in an educational institution, or upon
marriage or death, and the pension of each remaining eligible child
shall be recomputed.
c. Notwithstanding anything contained in this section to the contrary, in any
event, distributions to the spouse beneficiary will begin by December 31
of the calendar year immediately following the calendar year in which the
member died, or by a date selected pursuant to the above provisions in this
section that must be on or before December 31 of the calendar year in
which the member would have attained 70'/2.
(3) Failure to Designate a Beneficiary, No Surviving Beneficiary and No Surviving
Spouse or Children. If a deceased vested member or retiree failed to name a
beneficiary in the manner prescribed in Section 2-310, or if the beneficiary (or
beneficiaries) named by a deceased member or retiree predeceases the member or
retiree and the member or retiree leaves no surviving spouse and/or child(ren), the
death benefit which shall be payable as a lump sum to the estate of member or
retiree shall be the actuarial equivalent of the member's accrued benefit as of the
date of death and the the member's entire interest must be distributed to the estate
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by December 31 of the calendar year containing the fifth anniversary of the
member's death.
Sec. 2-307. Disability.
(a) Disability benefits in-line of duty. Any member who shall become totally and per-
manently disabled to the extent that he is unable, by reason of a medically determinable physical
or mental impairment, to render useful and efficient service as a Police Officer, which disability
was directly caused by the performance of his duty as a Police Officer, shall, upon establishing
the same to the satisfaction of the board, be entitled to a monthly pension equal to three percent
(3.0%) of his average final compensation multiplied by the total years of credited service for
members hired before January 1, 2013, and two percent (2.0%) of his average final
compensation multiplied by the total years of credited service for members hired on or after
January 1, 2013, but in any event the minimum amount paid to the member shall be forty-two
percent (42%) of the average final compensation of the member. Terminated persons, either
vested or non-vested, are not eligible for disability benefits, except that those terminated by the
city for medical reasons may apply for a disability within thirty (30) days after termination.
(b) In-line of duty presumptions.
(1) Presumption. Any condition or impairment of health of a member caused by
hypertension or heart disease shall be presumed to have been suffered in line of
duty unless the contrary is shown by competent evidence, provided that such
member shall have successfully passed a physical examination upon entering into
such service, including cardiogram, which examination failed to reveal any
evidence of such condition; and provided further, that such presumption shall not
apply to benefits payable or granted in a policy of life insurance or disability
insurance.
(2) Additional presumption. The presumption provided for in this paragraph (2) shall
apply only to those conditions described in this paragraph (2) that are diagnosed
on or after January 1, 1996.
a. Definitions. As used in this subsection (b)(2), the following definitions
apply:
1. "Body fluids" means blood and body fluids containing visible
blood and other body fluids to which universal precautions for
prevention of occupational transmission of blood-borne pathogens,
as established by the Centers for Disease Control, apply. For
purposes of potential transmission of meningococcal meningitis or
tuberculosis, the term "body fluids" includes respiratory, salivary,
and sinus fluids, including droplets, sputum, and saliva, mucous,
and other fluids through which infectious airborne organisms can
be transmitted between persons.
2. "Emergency rescue or public safety member" means any member
employed full time by the city as a firefighter, paramedic,
emergency medical technician, law enforcement officer, or
correctional officer who, in the course of employment, runs a high
risk of occupational exposure to hepatitis, meningococcal
meningitis, or tuberculosis and who is not employed elsewhere in a
similar capacity. However, the term "emergency rescue or public
safety member" does not include any person employed by a public
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hospital licensed under F.S. ch. 395, or any person employed by a
subsidiary thereof.
3. "Hepatitis" means hepatitis A, hepatitis B, hepatitis non-A,
hepatitis non-B, hepatitis C, or any other strain of hepatitis
generally recognized by the medical community.
4. "High risk of occupational exposure" means that risk that is
incurred because a person subject to the provisions of this
subsection, in performing the basic duties associated with his
employment:
i. Provides emergency medical treatment in a non-health-care
setting where there is a potential for transfer of body fluids
between persons;
ii. At the site of an accident, fire, or other rescue or public
safety operation, or in an emergency rescue or public safety
vehicle, handles body fluids in or out of containers or
works with or otherwise handles needles or other sharp
instruments exposed to body fluids;
iii. Engages in the pursuit, apprehension, and arrest of law
violators or suspected law violators and, in performing such
duties, may be exposed to body fluids; or
iv. Is responsible for the custody, and physical restraint when
necessary, of prisoners or inmates within a prison, jail, or
other criminal detention facility, while on work detail
outside the facility, or while being transported and, in
performing such duties, may be exposed to body fluids.
5. "Occupational exposure," in the case of hepatitis, meningococcal
meningitis, or tuberculosis, means an exposure that occurs during
the performance of job duties that may place a worker at risk of
infection.
b. Presumption. Any emergency rescue or public safety member who suffers
a condition or impairment of health that is caused by hepatitis, meningo-
coccal meningitis, or tuberculosis, that requires medical treatment, and
that results in total or partial disability or death shall be presumed to have
a disability suffered in the line of duty, unless the contrary is shown by
competent evidence; however, in order to be entitled to the presumption,
the member must, by written affidavit as provided in F.S. §92.50, verify
by written declaration that, to the best of his knowledge and belief:
1. In the case of a medical condition caused by or derived from
hepatitis, he has not:
i. Been exposed, through transfer of bodily fluids, to any
person known to have sickness or medical conditions
derived from hepatitis, outside the scope of his
employment;
ii. Had a transfusion of blood or blood components, other than
a transfusion arising out of an accident or injury happening
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in connection with his present employment, or received any
blood products for the treatment of a coagulation disorder
since last undergoing medical tests for hepatitis, which tests
failed to indicate the presence of hepatitis;
iii. Engaged in unsafe sexual practices or other high-risk
behavior, as identified by the Centers for Disease Control
or the Surgeon General of the United States or had sexual
relations with a person known to him to have engaged in
such unsafe sexual practices or other high-risk behavior; or
iv. Used intravenous drugs not prescribed by a physician.
2. In the case of meningococcal meningitis, in the ten (10) days
immediately preceding diagnosis he was not exposed, outside the
scope of his employment, to any person known to have menin-
gococcal meningitis or known to be an asymptomatic carrier of the
disease.
3. In the case of tuberculosis, in the period of time since the member's
last negative tuberculosis skin test, he has not been exposed,
outside the scope of his employment, to any person known by him
to have tuberculosis.
c. Immunization. Whenever any standard, medically recognized vaccine or
other form of immunization or prophylaxis exists for the prevention of a
communicable disease for which a presumption is granted under this
section, if medically indicated in the given circumstances pursuant to
immunization policies established by the Advisory Committee on
Immunization Practices of the U.S. Public Health Service, an emergency
rescue or public safety member may be required by the city to undergo the
immunization or prophylaxis unless the member's physician determines in
writing that the immunization or other prophylaxis would pose a
significant risk to the member's health. Absent such written declaration,
failure or refusal by an emergency rescue or public safety member to
undergo such immunization or prophylaxis disqualifies the member from
the benefits of the presumption.
d. Record of exposures. The city shall maintain a record of any known or
reasonably suspected exposure of an emergency rescue or public safety
member in its employ to the disease described in this section and shall
immediately notify the member of such exposure. An emergency rescue
or public safety member shall file an incident or accident report with the
city of each instance of known or suspected occupational exposure to
hepatitis infection,meningococcal meningitis, or tuberculosis.
e. Required medical tests;preemployment physical. In order to be entitled to
the presumption provided by this section:
1. An emergency rescue or public safety member must, prior to
diagnosis, have undergone standard, medically acceptable tests for
evidence of the communicable disease for which the presumption
is sought, or evidence of medical conditions derived therefrom,
which tests fail to indicate the presence of infection. This
paragraph does not apply in the case of meningococcal meningitis.
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2. On or after June 15, 1995, an emergency rescue or public safety
member may be required to undergo a preemployment physical
examination that tests for and fails to reveal any evidence of
hepatitis or tuberculosis.
(c) Disability benefits not-in-line of duly. Any member with eight and one third (8
1/3) years or more credited service who shall become totally and permanently disabled to the
extent that he is unable, by reason of a medically determinable physical or mental impairment, to
render useful and efficient service as a Police Officer, which disability is not directly caused by
the performance of his duties as a Police Officer shall, upon establishing the same to the
satisfaction of the board, be entitled to a monthly pension equal to three percent (3.0%) of his
average final compensation multiplied by the total years of credited service for members hired
before January 1, 2013, and two percent (2.0%) of his average final compensation multiplied by
the total years of credited service for members hired on or after January 1, 2013, but in any
event, the minimum amount paid to the member shall be twenty-five percent (25%) of the
average final compensation of the member. Terminated persons, either vested or non-vested, are
not eligible for disability benefits, except that those terminated by the city for medical reasons
may apply for a disability within thirty (30) days after termination.
(d) Conditions disqualifying disability benefits. Each member who is claiming
disability benefits shall establish, to the satisfaction of the board, that such disability was not
occasioned primarily by:
(1) Excessive or habitual use of any drugs, intoxicants or narcotics.
(2) Injury or disease sustained while willfully and illegally participating in fights,
riots or civil insurrections or while committing a crime.
(3) Injury or disease sustained while serving in any branch of the Armed Forces.
(4) Injury or disease sustained by the member after his employment as a Police
Officer with the city of Atlantic Beach shall have terminated.
(5) Injury or disease sustained by the member while working for anyone other than
the city and arising out of such employment.
(e) Physical examination requirement. A member shall not become eligible for
disability benefits until and unless he undergoes a physical examination by a qualified physician
or physicians and/or surgeon or surgeons, who shall be selected by the board for that purpose.
The board shall not select the member's treating physician or surgeon for this purpose except in
an unusual case where the board determines that it would be reasonable and prudent to do so.
Any retiree receiving disability benefits under provisions of this ordinance may be
required by the board to submit sworn statements of his condition accompanied by a physician's
statement (provided at the retiree's expense) to the board annually and may be required by the
board to undergo additional periodic re-examinations by a qualified physician or physicians
and/or surgeon or surgeons who shall be selected by the board, to determine if such disability has
ceased to exist. If the board finds that the retiree is no longer permanently and totally disabled to
the extent that he is unable to render useful and efficient service as a Police Officer, the board
shall recommend to the city that the retiree be returned to performance of duty as a Police
Officer, and the retiree so returned shall enjoy the same rights that he had at the time he was
placed upon pension. In the event the retiree so ordered to return shall refuse to comply with the
order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension.
The cost of the physical examination and/or re-examination of the member
claiming or the retiree receiving disability benefits shall be borne by the fund. All other
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reasonable costs as determined by the board incident to the physical examination, such as, but
not limited to, transportation, meals and hotel accommodations, shall be borne by the fund.
If the retiree recovers from disability and reenters the service of the city as a
Police Officer, his service will be deemed to have been continuous, but the period beginning
with the first month for which he received a disability retirement income payment and ending
with the date he reentered the service of the city will not be considered as credited service for the
purposes of the system.
The board shall have the power and authority to make the final decisions
regarding all disability claims.
(f) Disability payments. The monthly benefit to which a member is entitled in the
event of the member's disability retirement shall be payable on the first day of the first month
after the board determines such entitlement. However, the monthly retirement income shall be
payable retroactively to the date of application or the last day on payroll, whichever is later, and
any retroactive benefit amount shall be paid together with the first payment. The last payment
will be:
(1) If the retiree recovers from the disability, the payment paid preceding the date of
such recovery, or
(2) If the retiree dies without recovering from disability, the payment paid preceding
his death or the 120th monthly payment, whichever is later.
Provided, however, the disability retiree may select, at any time prior to the date
on which benefit payments begin, an optional form of benefit payment as described in section 2-
309, subsection (a)(1) or (a)(2), which shall be the actuarial equivalent of the normal form of
benefit.
Sec. 2-308. Vesting.
If a member terminates his employment as a Police Officer, either voluntarily or by
discharge, and is not eligible for any other benefits under this system, the member shall be
entitled to the following:
(1) For members hired before January 1, 2013, if the member has less than five (5)
years credited service upon termination, or for members hired on or after January 1, 2013, if the
member has less than ten (10) years of credited service upon termination, the member shall be
entitled to a refund of his accumulated contributions or the member may leave it deposited with
the fund.
(2) For members hired before January 1, 2013, if the member has five (5) or more
years of credited service upon termination, or for members hired on or after January 1, 2013, if
the member has ten (10) or more years of credited service upon termination, the member shall be
entitled to a monthly retirement benefit, determined in the same manner as for normal or early
retirement and based upon the member's credited service, average final compensation and the
benefit accrual rate as of the date of termination, payable to him commencing at the member's
otherwise normal or early retirement date, determined based upon his actual years of credited
service, provided he does not elect to withdraw his accumulated contributions and provided the
member survives to his otherwise normal or early retirement date. If the member does not
withdraw his accumulated contributions and does not survive to his otherwise normal or early
retirement date, his designated beneficiary shall be entitled to a benefit as provided herein for a
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deceased member, vested or eligible for retirement under pre-retirement death. The member
may, in lieu of the benefit provided for above in this subsection (2), elect to receive a refund of
his accumulated contributions.
Sec. 2-309. Optional forms of benefits.
(a) In lieu of the amount and form of retirement income payable in the event of
normal or early retirement as specified herein, a member, upon written request to the board, may
elect to receive a retirement income or benefit of equivalent actuarial value payable in
accordance with one of the following options:
(1) A retirement income of a monthly amount payable to the retiree for his lifetime
only.
(2) A retirement income of a modified monthly amount, payable to the retiree during
the lifetime of the retiree and following the death of the retiree, one hundred(100)
percent, seventy-five (75) percent, sixty-six and two-thirds (66-2/3) percent or
fifty (50) percent of such monthly amount payable to a joint pensioner for his
lifetime.
Except where the retiree's joint pensioner is his spouse, the payments to the joint
pensioner as a percentage of the payments to the retiree shall not exceed the
applicable percentage provided for in the applicable table in the Treasury
regulations. (See Q&A-2 of 1.401(a)(9)-6)
(3) A retirement income of a modified monthly amount, payable to the retiree during
the lifetime of the retiree and following the death of the retiree, one hundred (100)
percent, seventy-five (75) percent, sixty-six and two-thirds (66-2/3) percent or
fifty (50) percent of such monthly amount payable to a joint pensioner for his
lifetime. However, in the event the person designated by the retiree predeceases
the retiree, the monthly benefit shall increase to the amount payable under the
standard normal form of payment for the remaining lifetime of the retiree. Except
where the retiree's joint pensioner is his spouse, the payments to the joint
pensioner as a percentage of the payments to the retiree shall not exceed the
applicable percentage provided for in the applicable table in the Treasury
regulations. (See Q&A-2 of 1.401(a)(9)-6)
(4) If a member retires prior to the time at which social security benefits are payable,
he may elect to receive an increased retirement benefit until such time as social
security benefits shall be assumed to commence and a reduced benefit thereafter
in order to provide, to as great an extent as possible, a more level retirement
allowance during the entire period of retirement. The amounts payable shall be as
recommended by the actuaries for the system, based upon the social security law
in effect at the time of the member's retirement.
(5) For members who do not participate in the DROP pursuant to Section 2-310.18,
the member may elect a percentage of benefit in a lump sum as follows:
a. Ten percent (10%) of the total actuarial equivalent value of the benefit
paid as a lump sum with the remaining ninety percent (90%) paid under
the normal form or as per(1), (2), (3) or (4) above.
b. Fifteen percent (15%) of the total actuarial equivalent value of the benefit
paid as a lump sum with the remaining eighty-five percent (85%) paid
under the normal form or as per(1), (2), (3) or(4) above.
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c. Twenty percent (20%) of the total actuarial equivalent value of the benefit
paid as a lump sum with the remaining eighty percent (80%) paid under
the normal form or as per(1), (2), (3) or(4) above.
d. Twenty-five percent (25%) of the total actuarial equivalent value of the
benefit paid as a lump sum with the remaining seventy-five percent (75%)
paid under the normal form or as per (1), (2), (3) or(4) above.
(b) The member, upon electing any option of this section, will designate the joint
pensioner (subsection (a)(2) or (a)(3) above) or beneficiary (or beneficiaries) to receive the
benefit, if any, payable under the system in the event of member's death, and will have the power
to change such designation from time to time. Such designation will name a joint pensioner or
one or more primary beneficiaries where applicable. A member may change his beneficiary at
any time. If a member has elected an option with a joint pensioner and member's retirement
income benefits have commenced, member may thereafter change his designated beneficiary at
any time, but may only change his joint pensioner twice. Subject to the restriction in the
previous sentence, a member may substitute a new joint pensioner for a deceased joint pensioner.
In the absence of proof of good health of the joint pensioner being replaced, the actuary will
assume that the joint pensioner has deceased for purposes of calculating the new payment.
(c) The consent of a member's or retiree's joint pensioner or beneficiary to any such
change shall not be required. The rights of all previously-designated beneficiaries to receive
benefits under the system shall thereupon cease.
(d) Upon change of a retiree's joint pensioner in accordance with this section, the
amount of the retirement income payable to the retiree shall be actuarially redetermined to take
into account the age of the former joint pensioner, the new joint pensioner and the retiree and to
ensure that the benefit paid is the actuarial equivalent of the present value of the retiree's then-
current benefit at the time of the change. Any such retiree shall pay the actuarial recalculation
expenses. Each request for a change will be made in writing on a form prepared by the board
and on completion will be filed with the board. In the event that no designated beneficiary
survives the retiree, such benefits as are payable in the event of the death of the retiree
subsequent to his retirement shall be paid as provided in section 2-310.
(e) Retirement income payments shall be made under the option elected in
accordance with the provisions of this section and shall be subject to the following limitations:
(1) If a member dies prior to his normal retirement date or early retirement date,
whichever first occurs, no retirement benefit will be payable under the option to
any person, but the benefits, if any, will be determined under section 2-306.
(2) If the designated beneficiary (or beneficiaries) or joint pensioner dies before the
member's retirement under the system, the option elected will be canceled
automatically and a retirement income of the normal form and amount will be
payable to the member upon his retirement as if the election had not been made,
unless a new election is made in accordance with the provisions of this section or
a new beneficiary is designated by the member prior to his retirement.
(3) If both the retiree and the beneficiary (or beneficiaries) designated by member or
retiree die before the full payment has been effected under any option providing
for payments for a period certain and life thereafter, made pursuant to the
provisions of subsection (a), the board may, in its discretion, direct that the
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commuted value of the remaining payments be paid in a lump sum and in
accordance with section 2-310.
(4) If a member continues beyond his normal retirement date pursuant to the
provisions of section 2-305, subsection (a), and dies prior to his actual retirement
and while an option made pursuant to the provisions of this section is in effect,
monthly retirement income payments will be made, or a retirement benefit will be
paid, under the option to a beneficiary (or beneficiaries) designated by the
member in the amount or amounts computed as if the member had retired under
the option on the date on which his death occurred.
(5) The member's benefit under this section must begin to be distributed to the
member no later than April 1 of the calendar year following the later of the
calendar year in which the member attains age seventy and one-half(70'/2) or the
calendar year in which the member terminates employment with the City.
(f) A retiree may not change his retirement option after the date of cashing or
depositing his first retirement check.
(g) Notwithstanding anything herein to the contrary, the board in its discretion, may
elect to make a lump sum payment to a member or a member's beneficiary in the event that the
total commuted value of the monthly income payments to be paid do not exceed one thousand
dollars ($1,000.00). Any such payment made to any person pursuant to the power and discretion
conferred upon the board by the preceding sentence shall operate as a complete discharge of all
obligations under the system with regard to such member and shall not be subject to review by
anyone, but shall be final, binding and conclusive on all persons.
Sec. 2-310. Beneficiaries.
(a) Each member or retiree may, on a form provided for that purpose, signed and
filed with the board, designate a beneficiary (or beneficiaries) to receive the benefit, if any,
which may be payable in the event of his death. Each designation may be revoked or changed by
such member or retiree by signing and filing with the board a new designation-of-beneficiary
form. Upon such change, the rights of all previously designated beneficiaries to receive any
benefits under the system shall cease.
(b) If a deceased member or retiree failed to name a beneficiary in the manner
prescribed in subsection (a), or if the beneficiary (or beneficiaries) named by a deceased member
or retiree predeceases the member or retiree, the death benefit, if any, which may be payable
under the system with respect to such deceased member or retiree, shall be paid to the estate of
the member or retiree and the board, in its discretion, may direct that the commuted value of the
remaining monthly income benefits be paid in a lump sum.
(c) Any payment made to any person pursuant to this section shall operate as a
complete discharge of all obligations under the system with regard to the deceased member and
any other persons with rights under the system and shall not be subject to review by anyone but
shall be final, binding and conclusive on all persons ever interested hereunder.
Sec. 2-310.1. Claims procedures.
(a) The board shall establish administrative claims procedures to be utilized in
processing written requests ("claims"), on matters which affect the substantial rights of any
person ("claimant"), including members, retirees, beneficiaries, or any person affected by a
decision of the board.
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(b) The board shall have the power to subpoena and require the attendance of
witnesses and the production of documents for discovery prior to and at any proceedings
provided for in the board's claims procedures. The claimant may request in writing the issuance
of subpoenas by the board. A reasonable fee may be charged for the issuance of any subpoenas
not to exceed the fees set forth in Florida Statutes.
Sec. 2-310.2. Reports to division of retirement.
Each year and no later than March 15th, the board shall file an annual report with the
Division of Retirement containing the documents and information required by F.S. § 185.221.
Sec. 2-310.3. Roster of retirees.
The secretary of the board shall keep a record of all persons enjoying a pension under the
provisions of this ordinance in which it shall be noted the time when the pension is allowed and
when the same shall cease to be paid. Additionally, the secretary shall keep a record of all
members in such a manner as to show the name, address, date of employment and date of
termination of employment.
Sec. 2-310.4. Maximum pension.
(a) Basic limitation. Notwithstanding any other provisions of this system to the
contrary, the member contributions paid to, and retirement benefits paid from, the system shall
be limited to such extent as may be necessary to conform to the requirements of IRC Section 415
for a qualified retirement plan. Before January 1, 1995, a plan member may not receive an
annual benefit that exceeds the limits specified in IRC Section 415(b), subject to the applicable
adjustments in that section. On and after January 1, 1995, a plan member may not receive an
annual benefit that exceeds the dollar amount specified in IRC Section 415(b)(1)(A) ($160,000),
subject to the applicable adjustments in IRC Section 415(b) and subject to any additional limits
that may be specified in this System. For purposes of this section, "limitation year" shall be the
calendar year.
(b) Adjustments to basic limitation for form of benefit.
(1) For a benefit paid in a form to which section 417(e)(3) of the code does not apply
(generally, a monthly benefit), the actuarially equivalent straight life annuity
benefit that is the greater of:
a. The annual amount of the straight life annuity (if any) payable to the
member under the plan commencing at the same annuity starting date as
the form of benefit to the member, or
b. The annual amount of the straight life annuity commencing at the same
annuity starting date that has the same actuarial present value as the form
of benefit payable to the member, computed using a 5 percent interest
assumption (or the applicable statutory interest assumption) and (i) for
years prior to January 1, 2009, the applicable mortality tables described in
Treasury Regulation Section 1.417(e)-1(d)(2) (Revenue Ruling 2001-62 or
any subsequent Revenue Ruling modifying the applicable provisions of
Revenue Rulings 2001-62), and (ii) for years after December 31, 2008, the
applicable mortality tables described in section 417(e)(3)(B) of the code
(Notice 2008-85 or any subsequent Internal Revenue Service guidance
implementing section 417(e)(3)(B) of the code); or
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(2) For a benefit paid in a form to which section 417(e)(3) of the code applies
(generally, a lump sum benefit), the actuarially equivalent straight life annuity
benefit that is the greatest of:
a. The annual amount of the straight life annuity commencing at the annuity
starting date that has the same actuarial present value as the particular
form of benefit payable, computed using the interest rate and mortality
table, or tabular factor, specified in the plan for actuarial experience;
b. The annual amount of the straight life annuity commencing at the annuity
starting date that has the same actuarial present value as the particular
form of benefit payable, computed using a 5.5 percent interest assumption
(or the applicable statutory interest assumption) and (i) for years prior to
January 1, 2009, the applicable mortality tables for the distribution under
Treasury Regulation Section 1.417(e)-1(d)(2) (the mortality table specified
in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying
the applicable provisions of Revenue Ruling 2001-62), and (ii) for years
after December 31, 2008, the applicable mortality tables described in
section 417(e)(3)(B) of the code (Notice 2008-85 or any subsequent
Internal Revenue Service guidance implementing section 417(e)(3)(B) of
the code); or
c. The annual amount of the straight life annuity commencing at the annuity
starting date that has the same actuarial present value as the particular
form of benefit payable (computed using the applicable interest rate for
the distribution under Treasury Regulation Section 1.417(e)-1(d)(3) (the
30-year Treasury rate (prior to January 1, 2007, using the rate in effect for
the month prior to retirement, and on and after January 1, 2007, using the
rate in effect for the first day of the plan year with a one-year stabilization
period)) and (i) for years prior to January 1, 2009, the applicable mortality
tables for the distribution under Treasury Regulation Section 1.417(e)-
1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any
subsequent Revenue Ruling modifying the applicable provisions of
Revenue Ruling 2001-62), and (ii) for years after December 31, 2008, the
applicable mortality tables described in section 417(e)(3)(B) of the code
(Notice 2008-85 or any subsequent Internal Revenue Service guidance
implementing section 417(e)(3)(B) of the code), divided by 1.05.
(c) Benefits not taken into account. For purposes of this Section, the following
benefits shall not be taken into account in applying these limits:
(1) Any ancillary benefit which is not directly related to retirement income benefits;
(2) Any other benefit not required under §415(b)(2) of the IRC and Regulations
thereunder to be taken into account for purposes of the limitation of IRC Section
415(b)(1).
(d) COLA effect. Effective on and after January 1, 2003, for purposes of applying the
limits under IRC Section 415(b) (the "Limit"), the following will apply:
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(1) A member's applicable limit will be applied to the member's annual benefit in the
member's first calendar year of benefit payments without regard to any automatic
cost of living adjustments;
(2) thereafter, in any subsequent calendar year, a member's annual benefit, including
any automatic cost of living increases, shall be tested under the then applicable
benefit limit including any adjustment to the IRC Section 415(b)(1)(A) dollar
limit under IRC Section 415(d), and the regulations thereunder; but
(3) in no event shall a member's benefit payable under the system in any calendar
year be greater than the limit applicable at the annuity starting date, as increased
in subsequent years pursuant to IRC Section 415(d) and the regulations
thereunder.
Unless otherwise specified in the system, for purposes of applying the limits
under IRC Section 415(b), a Member's applicable limit will be applied taking into consideration
cost of living increases as required by Section 415(b) of the IRC and applicable Treasury
Regulations.
(e) Other adjustments in limitations.
(1) In the event the member's retirement benefits become payable before age sixty-
two (62), the limit prescribed by this section shall be reduced in accordance with
regulations issued by the Secretary of the Treasury pursuant to the provisions of
IRC Section 415(b) of the IRC, so that such limit(as so reduced) equals an annual
straight life benefit (when such retirement income benefit begins) which is
equivalent to a one hundred sixty thousand dollar ($160,000) annual benefit
beginning at age sixty-two (62).
(2) In the event the member's benefit is based on at least fifteen (15) years of credited
service as a full-time employee of the police department of the City, the
adjustments provided for in(e)(1) above shall not apply.
(3) The reductions provided for in (e)(1) above shall not be applicable to disability
benefits pursuant to Sec. 2-307, or pre-retirement death benefits paid pursuant to
Sec. 2-306.
(4) In the event the member's retirement benefit becomes payable after age sixty-five
(65), for purposes of determining whether this benefit meets the limit set forth in
subsection (a) herein, such benefit shall be adjusted so that it is actuarially
equivalent to the benefit beginning at age sixty-five (65). This adjustment shall
be made in accordance with regulations promulgated by the Secretary of the
Treasury or his delegate.
(f) Less than ten (10) years of participation or service. The maximum retirement
benefits payable under this section to any member who has completed less than ten (10) years of
credited service with the City shall be the amount determined under subsection (a) of this section
multiplied by a fraction, the numerator of which is the number of the member's years of credited
service and the denominator of which is ten (10). The reduction provided by this subsection
cannot reduce the maximum benefit below 10% of the limit determined without regard to this
subsection. The reduction provided for in this subsection shall not be applicable to pre-
retirement disability benefits paid pursuant to Sec. 2-307, or pre-retirement death benefits paid
pursuant to Sec. 2-3 06.
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(g) Participation in other defined benefit plans. The limit of this section with respect
to any member who at any time has been a member in any other defined benefit plan as defined
in IRC Section 414(j) maintained by the City shall apply as if the total benefits payable under all
City defined benefit plans in which the member has been a member were payable from one plan.
(h) Ten thousand dollar ($10,000) limit; less than ten years of service.
Notwithstanding anything in this section 2-310.4, the retirement benefit payable with respect to a
member shall be deemed not to exceed the limit set forth in this subsection (h) of section 2-
310.4if the benefits payable, with respect to such member under this system and under all other
qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand
dollars ($10,000) for the applicable plan year and for any prior plan year and the City has not any
time maintained a qualified defined contribution plan in which the member participated;
provided, however, that if the member has completed less than ten (10) years of credited service
with the City, the limit under this subsection (h) of section 2-310.4 shall be a reduced limit equal
to ten thousand dollars ($10,000) multiplied by a fraction, the numerator of which is the number
of the member's years of credited service and the denominator of which is ten(10).
(i) Reduction of benefits. Reduction of benefits and/or contributions to all plans,
where required, shall be accomplished by first reducing the member's benefit under any defined
benefit plans in which member participated, such reduction to be made first with respect to the
plan in which member most recently accrued benefits and thereafter in such priority as shall be
determined by the board and the plan administrator of such other plans, and next, by reducing or
allocating excess forfeitures for defined contribution plans in which the member participated,
such reduction to be made first with respect to the plan in which member most recently accrued
benefits and thereafter in such priority as shall be established by the board and the plan
administrator for such other plans provided, however, that necessary reductions may be made in
a different manner and priority pursuant to the agreement of the board and the plan administrator
of all other plans covering such member.
(j) Service credit purchase limits.
(1) Effective for permissive service credit contributions made in limitation years
beginning after December 31, 1997, if a member makes one or more contributions
to purchase permissive service credit under the system, as allowed in Sections 2-
310.15 and 2-310.16, then the requirements of this section will be treated as met
only if:
a. the requirements of IRC Section 415(b) are met, determined by treating
the accrued benefit derived from all such contributions as an annual
benefit for purposes of IRC Section 415(b), or
b. the requirements of IRC Section 415(c) are met, determined by treating all
such contributions as annual additions for purposes of IRC Section 415(c).
c. For purposes of applying subparagraph (j)(1)a.., the System will not fail to
meet the reduced limit under IRC Section 415(b)(2)(C) solely by reason of
this subparagraph c., and for purposes of applying subparagraph (j)(1)b.
the System will not fail to meet the percentage limitation under Section
415(c)(1)(B) of the IRC solely by reason of this subparagraph c.
(2) For purposes of this subsection the term "permissive service credit" means service
credit
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a. recognized by the system for purposes of calculating a member's benefit
under the plan,
b. which such member has not received under the plan, and
c. which such member may receive only by making a voluntary additional
contribution, in an amount determined under the system, which does not
exceed the amount necessary to fund the benefit attributable to such
service credit.
Effective for permissive service credit contributions made in limitation
years beginning after December 31, 1997, such term may, if otherwise
provided by the system, include service credit for periods for which there
is no performance of service, and, notwithstanding clause (j)(2)b., may
include service credited in order to provide an increased benefit for service
credit which a member is receiving under the system.
(3) For purposes of applying the limits in this subsection (j), only and for no other
purpose, the definition of compensation where applicable will be compensation
actually paid or made available during a calendar year, except as noted below and
as permitted by Treasury Regulations Section 1.415(c)-2, or successor
regulations. Unless another definition of compensation that is permitted by
Treasury Regulations Section 1.415(c)-2, or successor regulation, is specified by
the system, compensation will be defined as wages within the meaning of IRC
Section 3401(a) and all other payments of compensation to an employee by an
employer for which the employer is required to furnish the employee a written
statement under IRC Sections 6041(d), 6051(a)(3) and 6052 and will be
determined without regard to any rules under IRC Section 3401(a) that limit the
remuneration included in wages based on the nature or location of the
employment or the services performed (such as the exception for agricultural
labor in IRC Section 3401(a)(2).
a. However, for calendar years beginning after December 31, 1997,
compensation will also include amounts that would otherwise be included
in compensation but for an election under IRC Sections 125(a), 402(e)(3),
402(h)(1)(B), 402(k), or 457(b). For calendar years beginning after
December 31, 2000, compensation will also include any elective amounts
that are not includible in the gross income of the employee by reason of
IRC Section 132(f)(4).
b. For limitation years beginning on and after January 1, 2007, compensation
for the calendar year will also include compensation paid by the later of
2'/2 months after an employee's severance from employment or the end of
the calendar year that includes the date of the employee's severance from
employment if:
1. the payment is regular compensation for services during the
employee's regular working hours, or compensation for services
outside the employee's regular working hours (such as overtime or
shift differential), commissions, bonuses or other similar payments,
and, absent a severance from employment, the payments would
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have been paid to the employee while the employee continued in
employment with the employer; or
2. the payment is for unused accrued bona fide sick, vacation or other
leave that the employee would have been able to use if
employment had continued.
c. Back pay, within the meaning of Treasury Regulations Section 1.415(c)-
2(g)(8), shall be treated as compensation for the limitation year to which
the back pay relates to the extent the back pay represents wages and
compensation that would otherwise be included under this definition.
(4) Notwithstanding any other provision of law to the contrary, the board may modify
a request by a member to make a contribution to the system if the amount of the
contribution would exceed the limits provided in IRC Section 415 by using the
following methods:
a. If the law requires a lump sum payment for the purchase of service credit,
the board may establish a periodic payment deduction plan for the member
to avoid a contribution in excess of the limits under IRC Sections 415(c)
or 415(n).
b. If payment pursuant to subparagraph (j)(4)a. will not avoid a contribution
in excess of the limits imposed by IRC Section 415(c), the board may
either reduce the member's contribution to an amount within the limits of
that section or refuse the member's contribution.
(5) If the annual additions for any member for a plan year exceed the limitation under
section 415(c) of the code, the excess annual addition will be corrected as
permitted under the Employee Plans Compliance Resolution System (or similar
IRS correction program).
(6) For limitation years beginning on or after January 1, 2009, a member's
compensation for purposes of this subsection (j) shall not exceed the annual limit
under section 401(a)(17) of the code.
(k) Additional limitation on pension benefits. Notwithstanding anything herein to the
contrary:
(1) The normal retirement benefit or pension payable to a retiree who becomes a
member of the system and who has not previously participated in such system, on
or after January 1, 1980, shall not exceed one hundred percent (100%) of his
average final compensation. However, nothing contained in this section shall
apply to supplemental retirement benefits or to pension increases attributable to
cost-of-living increases or adjustments.
(2) No member of the system shall be allowed to receive a retirement benefit or
pension which is in part or in whole based upon any service with respect to which
the member is already receiving, or will receive in the future, a retirement benefit
or pension from a different employer's retirement system or plan. This restriction
does not apply to social security benefits or federal benefits under Chapter 67,
Title 10, U.S. Code.
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Sec. 2-310.5. Minimum Distribution of benefits.
(a) General rules.
(1) Effective date. Effective as of January 1, 1989, the plan will pay all benefits in
accordance with a good faith interpretation of the requirements of IRC Section
401(a)(9) and the regulations in effect under that section, as applicable to a
governmental plan within the meaning of IRC Section 414(d). Effective on and
after January 1, 2003, the plan is also subject to the specific provisions contained
in this Section. The provisions of this section will apply for purposes of
determining required minimum distributions for calendar years beginning with the
2003 calendar year.
(2) Precedence. The requirements of this section will take precedence over any
inconsistent provisions of the plan.
(3) TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this
section other than this subsection (a)(3), distributions may be made under a
designation made before January 1, 1984, in accordance with Section 242(b)(2) of
the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the
plan that related to Section 242(b)(2) of TEFRA.
(b) Time and manner of distribution.
(1) Required beginning date. The member's entire interest will be distributed, or
begin to be distributed, to the member no later than the Member's required
beginning date which shall not be later than April 1 of the calendar year following
the later of the calendar year in which the member attains age seventy and one-
half (70 1/2) or the calendar year in which the member terminates employment
with the city.
(2) Death of member before distributions begin. If the member dies before
distributions begin, the member's entire interest will be distributed, or begin to be
distributed no later than as follows:
a. If the member's surviving spouse is the member's sole designated
beneficiary, then distributions to the surviving spouse will begin by
December 31 of the calendar year immediately following the calendar year
in which the member died, or by a date on or before December 31 of the
calendar year in which the member would have attained age 70 I/2, if later,
as the surviving spouse elects.
b. If the member's surviving spouse is not the member's sole designated
beneficiary, then, distributions to the designated beneficiary will begin by
December 31 of the calendar year immediately following the calendar year
in which the member died.
c. If there is no designated beneficiary as of September 30 of the year
following the year of the member's death, the member's entire interest will
be distributed by December 31 of the calendar year containing the fifth
anniversary of the member's death.
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d. If the member's surviving spouse is the member's sole designated
beneficiary and the surviving spouse dies after the member but before
distributions to the surviving spouse begin, this subsection (b)(2), other
than subsection (b)(2)a., will apply as if the surviving spouse were the
member.
For purposes of this subsection (b)(2). and subsection (e), distributions are
considered to begin on the member's required beginning date or, if
subsection (b)(2)d. applies, the date of distributions are required to begin
to the surviving spouse under subsection (b)(2)a. If annuity payments
irrevocably commence to the member before the member's required
beginning date (or to the member's surviving spouse before the date
distributions are required to begin to the surviving spouse under
subsection (b)(2)a.) the date distributions are considered to begin is the
date distributions actually commence.
(3) Death After Distributions Begin. If the member dies after the required
distribution of benefits has begun, the remaining portion of the member's interest
must be distributed at least as rapidly as under the method of distribution before
the member's death.
(4) Form of distribution. Unless the member's interest is distributed in the form of an
annuity purchased from an insurance company or in a single sum on or before the
required beginning date, as of the first distribution calendar year distributions will
be made in accordance with this section. If the member's interest is distributed in
the form of an annuity purchased from an insurance company, distributions
thereunder will be made in accordance with the requirements of Section 401(a)(9)
of the IRC and Treasury regulations. Any part of the member's interest which is
in the form of an individual account described in Section 414(k) of the IRC will
be distributed in a manner satisfying the requirements of Section 401(a)(9) of the
IRC and Treasury regulations that apply to individual accounts.
(c) Determination of amount to be distributed each year.
(1) General requirements. If the member's interest is paid in the form of annuity
distributions under the plan, payments under the annuity will satisfy the following
requirements:
a. The annuity distributions will be paid in periodic payments made at
intervals not longer than one year.
b. The member's entire interest must be distributed pursuant to Sec. 2-305,
Sec. 2-306, Sec. 2-308, or Sec. 2-309 (as applicable) and in any event over
a period equal to or less than the member's life or the lives of the member
and a designated beneficiary, or over a period not extending beyond the
life expectancy of the member or of the member and a designated
beneficiary. The life expectancy of the member, the member's spouse, or
the member's beneficiary may not be recalculated after the initial
determination for purposes of determining benefits.
(2) Amount required to be distributed by required beginning date. The amount that
must be distributed on or before the member's required beginning date (or, if the
member dies before distributions begin, the date distributions are required to
begin under Sec. 2-306) is the payment that is required for one payment interval.
The second payment need not be made until the end of the next payment interval
even if that payment interval ends in the next calendar year. Payment intervals
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are the periods for which payments are received, e.g., monthly. All of the
member's benefit accruals as of the last day of the first distribution calendar year
will be included in the calculation of the amount of the annuity payments for
payment intervals ending on or after the member's required beginning date.
(3) Additional accruals after first distribution calendar year. Any additional benefits
accruing to the member in a calendar year after the first distribution calendar year
will be distributed beginning with the first payment interval ending in the calendar
year immediately following the calendar year in which such amount accrues.
(d) General distribution rules.
(1) The amount of an annuity paid to a member's beneficiary may not exceed the
maximum determined under the incidental death benefit requirement of IRC
Section 401(a)(9)(G), and effective for any annuity commencing on or after
January 1, 2008, the minimum distribution incidental benefit rule under Treasury
Regulation Section 1.401(a)(9)-6, Q&A-2.
(2) The death and disability benefits provided by the plan are limited by the
incidental benefit rule set forth in IRC Section 401(a)(9)(G) and Treasury
Regulation Section 1.401-1(b)(1)(I) or any successor regulation thereto. As a
result, the total death or disability benefits payable may not exceed 25% of the
cost for all of the members' benefits received from the retirement system.
(e) Definitions.
(1) Designated beneficiary. The individual who is designated as the beneficiary
under the plan and is the designated beneficiary under Section 401(a)(9) of the
IRC and Section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations.
(2) Distribution calendar year. A calendar year for which a minimum distribution is
required. For distributions beginning before the member's death, the first
distribution calendar year is the calendar year immediately preceding the calendar
year which contains the member's required beginning date. For distributions
beginning after the member's death, the first distribution calendar year is the
calendar year in which distributions are required to begin pursuant to Sec. 2-306.
Sec. 2-310.6. Miscellaneous provisions.
(a) Interest of members in system. All assets of the fund are held in trust, and at no
time prior to the satisfaction of all liabilities under the system with respect to retirees and
members and their spouses or beneficiaries, shall any part of the corpus or income of the fund be
used for or diverted to any purpose other than for their exclusive benefit.
(b) No reduction of accrued benefits. No amendment or ordinance shall be adopted
by the City Commission of the City of Atlantic Beach which shall have the effect of reducing the
then vested accrued benefits of members or a member's beneficiaries.
(c) Qualification of system. It is intended that the system will constitute a qualified
public pension plan under the applicable provisions of the IRC for a qualified plan under IRC
section 401(a) and a governmental plan under IRC section 414(d), as now in effect or hereafter
amended. Any modification or amendment of the system may be made retroactively, if
necessary or appropriate, to qualify or maintain the system as a plan meeting the requirements of
the applicable provisions of the IRC as now in effect or hereafter amended, or any other
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applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or
adopted, and the regulations issued thereunder.
(d) Use of forfeitures. Forfeitures arising from terminations of service of members
shall serve only to reduce future city contributions.
(e) Prohibited Transactions. Effective as of January 1, 1989, a board may not engage
in a transaction prohibited by IRC Section 503(b).
(f) USERRA. Effective December 12, 1994, notwithstanding any other provision of
this system, contributions, benefits and service credit with respect to qualified military service
are governed by IRC Section 414(u) and the Uniformed Services Employment and
Reemployment Rights Act of 1994, as amended. To the extent that the definition of "credited
service" sets forth contribution requirements that are more favorable to the member than the
minimum compliance requirements, the more favorable provisions shall apply.
(g) Vesting.
(1) Member will be 100% vested in all benefits upon attainment of the plan's age and
service requirements for the Plan's normal retirement benefit; and
(2) A member will be 100% vested in all accrued benefits, to the extent funded, if the
plan is terminated or experiences a complete discontinuance of employer
contributions.
(h) Electronic forms. In those circumstances where a written election or consent is
not required by the plan or the IRC, an oral, electronic, or telephonic form in lieu of or in
addition to a written form may be prescribed by the board. However, where applicable, the
board shall comply with Treas. Reg. § 1.401(a)-21.
(i) Compliance with Chapter 185, Florida Statutes. It is intended that the system
will continue to qualify for funding under F.S. §185.08. Accordingly, unless otherwise required
by law, any provision of the system which violates the requirements of F.S. ch. 185, as amended
from time to time, shall be superseded by and administered in accordance with the requirements
of such chapter.
Sec. 2-310.7. Repeal or termination of system.
(a) This ordinance establishing the system and fund, and subsequent ordinances
pertaining to said system and fund, may be modified, terminated, or amended, in whole or in
part; provided that if this or any subsequent ordinance shall be amended or repealed in its
application to any person benefitting hereunder, the amount of benefits which at the time of any
such alteration, amendment, or repeal shall have accrued to the member or beneficiary shall not
be affected thereby..
(b) If this ordinance shall be repealed, or if contributions to the system are
discontinued or if there is a transfer, merger or consolidation of government units, services or
functions as provided in F.S. ch. 121, the board shall continue to administer the system in
accordance with the provisions of this ordinance, for the sole benefit of the then members, any
beneficiaries then receiving retirement allowances, and any future persons entitled to receive
benefits under one of the options provided for in this ordinance who are designated by any of
said members. In the event of repeal, discontinuance of contributions, or transfer, merger or
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consolidation of government units, services or functions, there shall be full vesting (100%) of
benefits accrued to date of repeal and such benefits shall be nonforfeitable.
(c) The fund shall be distributed in accordance with the following procedures:
(1) The board shall determine the date of distribution and the asset value required to
fund all the nonforfeitable benefits after taking into account the expenses of such
distribution. The board shall inform the city if additional assets are required, in
which event the city shall continue to financially support the plan until all
nonforfeitable benefits have been funded.
(2) The board shall determine the method of distribution of the asset value, whether
distribution shall be by payment in cash, by the maintenance of another or
substituted trust fund, by the purchase of insured annuities, or otherwise, for each
Police Officer entitled to benefits under the plan as specified in subsection(3).
(3) The board shall distribute the asset value as of the date of termination in the
manner set forth in this subsection, on the basis that the amount required to
provide any given retirement income is the actuarially computed single-sum value
of such retirement income, except that if the method of distribution determined
under subsection (2) involves the purchase of an insured annuity, the amount
required to provide the given retirement income is the single premium payable for
such annuity. The actuarial single-sum value may not be less than the Police
Officer's accumulated contributions to the plan, with interest if provided by the
plan, less the value of any plan benefits previously paid to the Police Officer.
(4) If there is asset value remaining after the full distribution specified in subsection
(3), and after the payment of any expenses incurred with such distribution, such
excess shall be returned to the city, less return to the State of the State's
contributions, provided that, if the excess is less than the total contributions made
by the city and the State to date of termination of the plan, such excess shall be
divided proportionately to the total contributions made by the city and the State.
(5) The board shall distribute, in accordance with subsection (2), the amounts
determined under subsection(3).
If, after twenty-four (24) months after the date the plan terminated or the date the
board received written notice that the contributions there under were being permanently
discontinued, the city or the board of the fund affected has not complied with all the provisions
in this section, the Florida Department of Management Services will affect the termination of the
fund in accordance with this section.
Sec. 2-310.8. Domestic relations orders; retiree directed payments; Exemption from
execution, non-assignability.
(a) Domestic relations orders.
(1) Prior to the entry of any domestic relations order which affects or purports to affect
the system's responsibility in connection with the payment of benefits of a retiree, the
member or retiree shall submit the proposed order to the board for review to determine
whether the system may legally honor the order.
(2) If a domestic relations order is not submitted to the board for review prior to entry of
the order, and the system is ordered to take action that it may not legally take, and the
system expends administrative or legal fees in resolving the matter, the member or
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retiree who submits such an order will be required to reimburse the system for its
expenses in connection with the order.
(b) Retiree directed payments. The board may, upon written request by a retiree or by a
dependent, when authorized by a retiree or the retiree's beneficiary, authorize the system to withhold
from the monthly retirement payment those funds that are necessary to pay for the benefits being
received through the city, to pay the certified bargaining agent of the city, to make payment to
insurance companies for insurance premiums as permitted by F.S. Chapter 185 and to make any
payments for child support or alimony.
(c) Exemption from execution, non-assignability. Except as otherwise provided by law,
the pensions, annuities, or any other benefits accrued or accruing to any person under the
provisions of this ordinance and the accumulated contributions and the cash securities in the fund
created under this ordinance are hereby exempted from any state, county or municipal tax and
shall not be subject to execution, attachment, garnishment or any legal process whatsoever and
shall be unassignable.
Sec. 2-310.9. Pension validity.
The board shall have the power to examine into the facts upon which any pension shall
heretofore have been granted under any prior or existing law, or shall hereafter be granted or
obtained erroneously, fraudulently or illegally for any reason. The board is empowered to purge
the pension rolls or correct the pension amount of any person heretofore granted a pension under
prior or existing law or any person hereafter granted a pension under this ordinance if the same is
found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has
heretofore under any prior or existing law been or who shall hereafter under this ordinance be
erroneously, improperly or illegally classified. Any overpayments or underpayments shall be
corrected and paid or repaid in a reasonable manner determined by the board.
Sec. 2-310.10. Forfeiture of pension.
(a) Any member who is convicted of the following offenses committed prior to
retirement, or whose employment is terminated by reason of his admitted commission, aid or
abetment of the following specified offenses, shall forfeit all rights and benefits under this
system, except for the return of his accumulated contributions as of the date of termination.
Specified offenses are as follows:
(1) The committing, aiding or abetting of an embezzlement of public funds;
(2) The committing, aiding or abetting of any theft by a public officer or employee
from employer;
(3) Bribery in connection with the employment of a public officer or employee;
(4) Any felony specified in F.S. ch. 838;
(5) The committing of an impeachable offense;
(6) The committing of any felony by a public officer or employee who willfully and
with intent to defraud the public or the public agency, for which he acts or in
which he is employed, of the right to receive the faithful performance of his duty
as a public officer or employee, realizes or obtains or attempts to obtain a profit,
gain, or advantage for himself or for some other person through the use or
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attempted use of the power, rights, privileges, duties or position of his public
office or employment position; or
(7) The committing on or after October 1, 2008, of any felony defined in F.S. Section
800.04, against a victim younger than sixteen (16) years of age, or any felony
defined in F.S. ch. 794, against a victim younger than eighteen (18) years of age,
by a public officer or employee through the use or attempted use of power, rights,
privileges, duties, or position of his or her public office or employment position.
(b) Conviction shall be defined as an adjudication of guilt by a court of competent
jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of
guilt is withheld and the accused is placed on probation; or a conviction by the senate of an
impeachable offense.
(c) Court shall be defined as any state or federal court of competent jurisdiction
which is exercising its jurisdiction to consider a proceeding involving the alleged commission of
a specified offense. Prior to forfeiture, the board shall hold a hearing on which notice shall be
given to the member whose benefits are being considered for forfeiture. Said member shall be
afforded the right to have an attorney present. No formal rules of evidence shall apply, but the
member shall be afforded a full opportunity to present his case against forfeiture.
(d) Any member who has received benefits from the system in excess of his
accumulated contributions after member's rights were forfeited shall be required to pay back to
the fund the amount of the benefits received in excess of his accumulated contributions. The
board may implement all legal action necessary to recover such funds.
Sec. 2-310.11. Conviction and forfeiture; false, misleading or fraudulent statements.
(a) It is unlawful for a person to willfully and knowingly make, or cause to be made,
or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or
misleading oral or written statement or withhold or conceal material information to obtain any
benefit from the system.
(b) A person who violates subsection (a) commits a misdemeanor of the first degree,
punishable as provided in F.S. §775.082 or §775.083.
(c) In addition to any applicable criminal penalty, upon conviction for a violation
described in subsection (a), a member or beneficiary of the system may, in the discretion of the
board, be required to forfeit the right to receive any or all benefits to which the person would
otherwise be entitled under the system. For purposes of this subsection, "conviction" means a
determination of guilt that is the result of a plea or trial, regardless of whether adjudication is
withheld.
Sec. 2-310.12. Indemnification.
(a) To the extent not covered by insurance contracts in force from time to time, the
city shall indemnify, defend and hold harmless members of the board from all personal liability
for damages and costs, including court costs and attorneys' fees, arising out of claims, suits,
litigation, or threat of same, herein referred to as "claims", against these individuals because of
acts or circumstances connected with or arising out of their official duty as members of the
board. The city reserves the right, in its sole discretion, to settle or not settle the claim at any
time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will
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indemnify, defend and hold harmless any members of the board from the judgment, execution, or
levy thereon.
(b) This section shall not be construed so as to relieve any insurance company or
other entity liable to defend the claim or liable for payment of the judgment or claim, from any
liability, nor does this section waive any provision of law affording the city immunity from any
suit in whole or part, or waive any other substantive or procedural rights the city may have.
(c) This section shall not apply nor shall the city be responsible in any manner to
defend or pay for claims arising out of acts or omissions of members of the board which
constitute felonies or gross malfeasance or gross misfeasance in office.
Sec. 2-310.13. Direct transfers of eligible rollover distributions.
(a) Rollover distributions.
(1) General. This section applies to distributions made on or after January 1, 2002.
Notwithstanding any provision of the system to the contrary that would otherwise
limit a distributee's election under this section, a distributee may elect, at the time
and in the manner prescribed by the board, to have any portion of an eligible
rollover distribution paid directly to an eligible retirement plan specified by the
distributee in a direct rollover.
(2) Definitions.
a. Eligible rollover distribution: An eligible rollover distribution is any
distribution of all or any portion of the balance to the credit of the
distributee, except that an eligible rollover distribution does not include:
any distribution that is one of a series of substantially equal periodic
payments (not less frequently than annually) made for the life (or life
expectancy) of the distributee or the joint lives (or joint life expectancies)
of the distributee and the distributee's designated beneficiary, or for a
specified period of ten years or more; any distribution to the extent such
distribution is required under section 401(a)(9) of the IRC and the portion
of any distribution that is not includible in gross income. Effective
January 1, 2002, any portion of any distribution which would be includible
in gross income as after-tax employee contributions will be an eligible
rollover distribution if the distribution is made to an individual retirement
account described in section 408(a); to an individual retirement annuity
described in section 408(b); to a qualified defined contribution plan
described in section 401(a) or 403(a) that agrees to separately account for
amounts so transferred (and earnings thereon), including separately
accounting for the portion of such distribution which is includible in gross
income and the portion of such distribution which is not so includible; or
on or after January 1, 2007, to a qualified defined benefit plan described in
IRC Section 401(a) or to an annuity contract described in IRC Section
403(b), that agrees to separately account for amounts so transferred (and
earnings thereon), including separately accounting for the portion of the
distribution that is includible in gross income and the portion of the
distribution that is not so includible.
b. Eligible retirement plan: An eligible retirement plan is an individual
retirement account described in section 408(a) of the IRC; an individual
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retirement annuity described in section 408(b) of the IRC; an annuity plan
described in section 403(a) of the IRC; effective January 1, 2002, an
eligible deferred compensation plan described in section 457(b) of the IRC
which is maintained by an eligible employer described in section
457(e)(1)(A) of the IRC and which agrees to separately account for
amounts transferred into such plan from this plan; effective January 1,
2002, an annuity contract described in section 403(b) of the IRC; a
qualified trust described in section 401(a) of the IRC; or effective January
1, 2008, a Roth IRA described in section 408A of the IRC, that accepts the
distributee's eligible rollover distribution. This definition shall also apply
in the case of an eligible rollover distribution to the surviving spouse.
c. Distributee: A distributee includes an employee or former employee. It
also includes the employee's or former employee's surviving spouse and
the employee's or former employee's spouse or former spouse. Effective
January 1, 2007, it further includes a nonspouse beneficiary who is a
designated beneficiary as defined by IRC Section 401(a)(9)(E). However,
a nonspouse beneficiary may rollover the distribution only to an individual
retirement account or individual retirement annuity established for the
purpose of receiving the distribution and the account or annuity will be
treated as an "inherited" individual retirement account or annuity.
d. Direct rollover: A direct rollover is a payment by the plan to the eligible
retirement plan specified by the distributee.
(b) Rollovers or transfers into the fund. On or after January 1, 2002, the system will
accept, solely for the purpose of purchasing credited service as provided herein, permissible
Member requested transfers of funds from other retirement or pension plans, member rollover
cash contributions and/or direct cash rollovers of distributions made on or after January 1, 2002,
as follows:
(1) Transfers and direct rollovers or member rollover contributions from other plans.
The system will accept either a direct rollover of an eligible rollover distribution
or a member contribution of an eligible rollover distribution from a qualified plan
described in section 401(a) or 403(a) of the IRC, from an annuity contract
described in section 403(b) of the IRC or from an eligible plan under section
457(b) of the IRC which is maintained by a state, political subdivision of a state,
or any agency or instrumentality of a state or political subdivision of a state. The
system will also accept legally permissible member requested transfers of funds
from other retirement or pension plans.
(2) Member rollover contributions from IRAs. The system will accept a member
rollover contribution of the portion of a distribution from an individual retirement
account or annuity described in section 408(a) or 408(b) of the IRC that is eligible
to be rolled over.
(c) Elimination of Mandatory Distributions. Notwithstanding any other provision
herein to the contrary, in the event this Plan provides for a mandatory (involuntary) cash
distribution from the Plan not otherwise required by law, for an amount in excess of one-
thousand dollars ($1,000.00), such distribution shall be made from the Plan only upon written
request of the Member and completion by the Member of a written election on forms designated
by the Board, to either receive a cash lump sum or to rollover the lump sum amount.
Sec. 2-310.14. Family and medical leave act.
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The fractional parts of the twelve (12) month period ending each March 1 that a member
is on leave without pay from the city pursuant to the Family and Medical Leave Act (FMLA)
shall be added to his credited service provided that:
(1) The member contributes to the fund the sum that he would have contributed,
based on his salary and the member contribution rate in effect at the time that the
credited service is requested, had he been a member of the system for the years or
fractional parts of years for which he is requesting credit plus amounts actuarially
determined such that the crediting of service does not result in any cost to the
fund plus payment of costs for all professional services rendered to the board in
connection with the purchase of years of credited service.
(2) The request for credited service for FMLA leave time for the twelve (12) month
period prior to each March 1 and payment of professional fees shall be made on
or before March 31.
(3) Payment by the member of the required amount shall be made on or before April
30 for the preceding twelve (12) month period ending March 1 and shall be made
in one (1) lump sum payment upon receipt of which credited service shall be
issued.
(4) Credited service purchased pursuant to this section shall not count toward vesting.
Sec. 2-310.15. Military service prior to employment.
The years or fractional parts of years that a Police Officer serves or has served on active
duty in the military service of the Armed Forces of the United States, the United States Merchant
Marine or the United States Coast Guard, voluntarily or involuntarily and honorably or under
honorable conditions, prior to first and initial employment with the city Police department shall
be added to his years of credited service provided that:
(1) The member contributes to the fund the sum that he would have contributed,
based on his salary and the member contribution rate in effect at the time that the
credited service is requested, had he been a member of the system for the years or
fractional parts of years for which he is requesting credit plus amounts actuarially
determined such that the crediting of service does not result in any cost to the
fund plus payment of costs for all professional services rendered to the board in
connection with the purchase of years of credited service.
(2) Multiple requests to purchase credited service pursuant to this section may be
made at any time prior to retirement.
(3) Payment by the member of the required amount shall be made within six (6)
months of his request for credit, but not later than the retirement date, and shall be
made in one lump sum payment upon receipt of which credited service shall be
given, or the Member may elect to make payment for the requested Credited
Service over a period of time as provided for in paragraph (6) below.
(4) The maximum credit under this section shall be five (5) years.
(5) Credited service purchased pursuant to this section shall count for all purposes,
except vesting and eligibility for not-in-line of duty disability benefits.
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(6) In lieu of the lump sum payment provided for in paragraph (3) above, a member
may elect to make payments over a period of time in order to fully pay the amount
provided for in paragraph (1). The member shall be required to notify the board,
in writing, of his election to make payments in the manner provided for in this
paragraph. The payment plan provided for in this paragraph shall be subject to
the following terms:
a. The principal amount to be paid shall be determined as set forth in
paragraph(1) above.
b. The original principal amount shall be amortized over the period
beginning with the first payment and ending at the end of a period equal to
the number of years being purchased and shall be reamortized annually if
necessary to reflect changes in the interest rate provided for in
subparagraph c. below.
c. Payments shall consist of principal and interest at a rate equal to the
actuarially assumed rate of return on plan investments.
d. Payments shall be made by payroll deduction from each paycheck on an
after-tax basis.
e. In the event that a member dies, retires (including entry into the Deferred
Retirement Option Plan(DROP)) or otherwise terminates his employment,
without having made full payment of the principal amount necessary to
receive all credited service requested,the member shall receive so much of
the credited service requested, determined using procedures established by
the actuary, which could be purchased with the amount of principal paid
by the member to the date of his death or termination of employment.
f. In the event that the member's employment is terminated for any reason
and he is not entitled to any benefit from the plan other than the return of
the amounts he has had deducted from his paycheck as his normal
contribution to the plan, the amounts which the member has paid pursuant
to this subsection to purchase additional credited service, shall be returned
to him including all interest.
Sec. 2-310.16. Prior police service.
Unless otherwise prohibited by law, and except as provided for in section 2-300, the
years or fractional parts of years that a member previously served as a full-time Police Officer
with the city during a period of previous employment and for which period accumulated
contributions were withdrawn from the fund, or the years and fractional parts of years that a
member served as a full-time Police Officer for any other municipal, county or state law
enforcement department in the State of Florida shall be added to his years of credited service
provided that:
(1) The member contributes to the fund the sum that he would have contributed,
based on his salary and the member contribution rate in effect at the time that the
credited service is requested, had he been a member of the system for the years or
fractional parts of years for which he is requesting credit plus amounts actuarially
determined such that the crediting of service does not result in any cost to the
fund plus payment of costs for all professional services rendered to the board in
connection with the purchase of years of credited service.
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(2) Multiple requests to purchase credited service pursuant to this section may be
made at any time prior to retirement.
(3) Payment by the Police Officer of the required amount shall be made within six (6)
months of his request for credit, but not later than the retirement date, and shall be
made in one lump sum payment upon receipt of which credited service shall be
given, or the member may elect to make payment for the requested credited
service over a period of time as provided for in paragraph (7) below.
(4) The maximum credit under this section for service other than with the City of
shall be five (5) years of credited service and shall count for all purposes, except
vesting and eligibility for not-in-line of duty disability benefits. There shall be no
maximum purchase of credit for prior service with the City of Atlantic Beach and
such credit shall count for all purposes, including vesting.
(5) In no event, however, may credited service be purchased pursuant to this section
for prior service with any other municipal, county or state law enforcement
department, if such prior service forms or will form the basis of a retirement
benefit or pension from a different employer's retirement system or plan as set
forth in section 2-310.4, subsection (k)(2).
(6) For purposes of determining credit for prior service as a police officer as provided
for in this section, in addition to service as a police officer in this state, credit
may be purchased by the member in the same manner as provided above for
federal, other state, county or municipal service if the prior service is recognized
by the Criminal Justice Standards and Training Commission within the
Department of Law Enforcement, as provided under Chapter 943, Florida
Statutes, or the police officer provides proof to the board that such service is
equivalent to the service required to meet the definition of a police officer under
Sec. 2-300, Definitions.
(7) In lieu of the lump sum payment provided for in paragraph (3) above, a member
may elect to make payments over a period of time in order to fully pay the amount
provided for in paragraph (1). The member shall be required to notify the board,
in writing, of his election to make payments in the manner provided for in this
paragraph. The payment plan provided for in this paragraph shall be subject to
the following terms:
a. The principal amount to be paid shall be determined as set forth in
paragraph (1) above.
b. The original principal amount shall be amortized over the period
beginning with the first payment and ending at the end of a period equal to
the number of years being purchased and shall be reamortized annually if
necessary to reflect changes in the interest rate provided for in
subparagraph c. below.
c. Payments shall consist of principal and interest at a rate equal to the
actuarially assumed rate of return on plan investments
d. Payments shall be made by payroll deduction from each paycheck on an
after-tax basis.
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e. In the event that a member dies, retires (including entry into the Deferred
Retirement Option Plan (DROP)) or otherwise terminates his employment,
without having made full payment of the principal amount necessary to
receive all credited service requested, the member shall receive so much of
the credited service requested, determined using procedures established by
the actuary, which could be purchased with the amount of principal paid
by the member to the date of his death or termination of employment.
f. In the event that the member's employment is terminated for any reason
and he is not entitled to any benefit from the plan other than the return of
the amounts he has had deducted from his paycheck as his normal
contribution to the plan, the amounts which the member has paid pursuant
to this subsection to purchase additional credited service, shall be returned
to him, including all interest paid.
Sec. 2-310.17. Reemployment after retirement
(a) Any retiree who is retired under this system, except for disability retirement as
previously provided for, may be reemployed by any public or private employer, except the city,
and may receive compensation from that employment without limiting or restricting in any way
the retirement benefits payable under this system. Reemployment by the city shall be subject to
the limitations set forth in this section.
(b) After normal retirement. Any retiree who is retired under normal retirement
pursuant to this system and who is reemployed as a police officer after that retirement and, by
virtue of that reemployment, is eligible to participate in this system, shall upon being
reemployed, discontinue receipt of benefits. Upon reemployment, the retiree shall be deemed to
be fully vested and the additional credited service accrued during the subsequent employment
period shall be used in computing a second benefit amount attributable to the subsequent
employment period, which benefit amount shall be added to the benefit determined upon the
initial retirement to determine the total benefit payable upon final retirement. Calculations of
benefits upon retirement shall be based upon the benefit accrual rate, average final
compensation, and credited service as of that date and the retirement benefit amount for any
subsequent employment period shall be based upon the benefit accrual rate, average final
compensation (based only on the subsequent employment period), and credited service as of the
date of subsequent retirement The amount of any death or disability benefit received as a result
of a subsequent period of employment shall be reduced by the amount of accrued benefit eligible
to be paid for a prior period of employment. The optional form of benefit and any joint
pensioner selected upon initial retirement shall not be subject to change upon subsequent
retirement except as otherwise provided herein, but the member may select a different optional
form and joint pensioner applicable to the subsequent retirement benefit.
(c) Any retiree who is retired under normal retirement pursuant to this system and
who is reemployed by the city after that retirement and, by virtue of that reemployment is
ineligible to participate in this system, shall, during the period of such reemployment, continue
receipt of benefits during any subsequent employment period.
(d) After early retirement. Any retiree who is retired under early retirement pursuant
to this system and who subsequently becomes an employee of the city in any capacity shall
discontinue receipt of benefits from the system. If by virtue of that reemployment, the retiree is
eligible to participate in this system, the retiree shall be deemed to be fully vested and the
additional credited service accrued during the subsequent employment period shall be used in
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computing a second benefit amount attributable to the subsequent employment period, which
benefit amount shall be added to the benefit determined upon the initial retirement to determine
the total benefit payable upon final retirement. Calculations of benefits upon retirement shall be
based upon the benefit accrual rate, average final compensation, credited service and early
retirement reduction factor as of that date and the retirement benefit amount for any subsequent
employment period shall be based upon the benefit accrual rate, average final compensation
(based only on the subsequent employment period), and credited service as of the date of
subsequent retirement The amount of any death or disability benefit received as a result of a
subsequent period of employment shall be reduced by the amount of accrued benefit eligible to
be paid for a prior period of employment. The optional form of benefit and any joint pensioner
selected upon initial retirement shall not be subject to change upon subsequent retirement except
as otherwise provided herein, but the member may select a different optional form and joint
pensioner applicable to the subsequent retirement benefit. Retirement pursuant to an early
retirement incentive program shall be deemed early retirement for purposes of this section if the
member was permitted to retire prior to the customary retirement date provided for in the system
at the time of retirement.
(e) Reemployment of terminated vested persons. Reemployed terminated vested
persons shall not be subject to the provisions of this section until such time as they begin to
actually receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as
normal or early retirees for purposes of applying the provisions of this section and their status as
an early or normal retiree shall be determined by the date they elect to begin to receive their
benefit.
(f) DROP participants. Members or retirees who are or were in the deferred
retirement option plan shall, following termination of employment after DROP participation,
have the options provided for in this section for reemployment.
Sec. 2-310.18. Deferred retirement option plan.
(a) Definitions. As used in this Section 2-310.18, the following definitions apply:"
(1) "DROP" -- The City of Atlantic Beach Police Officers' Retirement System
Deferred Retirement Option Plan.
(2) "DROP Account" -- The account established for each DROP participant
under subsection (c).
(b) Participation.
(1) Eligibility to Participate. In lieu of terminating his employment as a
police officer, any member who is eligible for normal or early retirement
under the system may elect to defer receipt of such service retirement
pension and to participate in the DROP.
(2) Election to Participate. A member's election to participate in the DROP
must be made in writing in a time and manner determined by the board
and shall be effective on the first day of the first calendar month which is
at least fifteen (15) business days after it is received by the board.
(3) Period of Participation. A member who elects to participate in the DROP
under subsection (b)(2), shall participate in the DROP for a period not to
exceed sixty (60) months beginning at the time his election to participate
in the DROP first becomes effective. An election to participate in the
DROP shall constitute an irrevocable election to resign from the service of
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the City not later than the date provided for in the previous sentence. A
member may participate only once.
(4) Termination of Participation.
a. A member's participation in the DROP shall cease at the earlier of:
1. the end of his permissible period of participation in the
DROP as determined under subsection (b)(3); or
2. termination of his employment as a police officer.
b. Upon the member's termination of participation in the DROP,
pursuant to subsection a.1. above, all amounts provided for in
subsection (c)(2), including monthly benefits and investment
earnings and losses, shall cease to be transferred from the system
to his DROP Account. Any amounts remaining in his DROP
Account shall be paid to him in accordance with the provisions of
subsection (d) when he terminates employment as a police officer.
c. A member who terminates his participation in the DROP under this
subsection (b)(4) shall not be permitted to again become a
participant in the DROP.
(5) Effect of DROP Participation on the System.
a. A member's credited service and his accrued benefit under the
system shall be determined on the date his election to participate in
the DROP first becomes effective. For purposes of determining
the accrued benefit, the member's salary for the purposes of
calculating his average final compensation shall include an amount
equal to any lump sum payments which would have been paid to
the member and included as salary as defined herein, had the
member retired under normal retirement and not elected DROP
participation. Member contributions attributable to any lump sums
used in the benefit calculation and not actually received by the
member shall be deducted from the first payments to the member's
DROP Account. The member shall not accrue any additional
credited service or any additional benefits under the system (except
for any additional benefits provided under any cost-of-living
adjustment for retirees in the system) while he is a participant in
the DROP. After a member commences participation, he shall not
be permitted to again contribute to the system nor shall he be
eligible for disability or pre-retirement death benefits, except as
provided for in Section 2-310.17,Reemployment After Retirement.
b. No amounts shall be paid to a member from the system while the
member is a participant in the DROP. Unless otherwise specified
in the system, if a member's participation in the DROP is
terminated other than by terminating his employment as a police
officer, no amounts shall be paid to him from the system until he
terminates his employment as a police officer. Unless otherwise
specified in the system, amounts transferred from the system to the
member's DROP Account shall be paid directly to the member
only on the termination of his employment as a police officer.
Ordinance No. 58-13-36 Page 42 of 48
AGENDA ITEM#7C
JUNE 10,2013
(c) Funding.
(1) Establishment of DROP Account. A DROP Account shall be established
for each member participating in the DROP. A member's DROP Account
shall consist of amounts transferred to the DROP under subsection (c)(2),
and earnings or losses on those amounts.
(2) Transfers From Retirement System.
a. As of the first day of each month of a member's period of
participation in the DROP, the monthly retirement benefit he
would have received under the system had he terminated his
employment as a police officer and elected to receive monthly
benefit payments thereunder shall be transferred to his DROP
Account, except as otherwise provided for in subsection(b)(4)b. A
member's period of participation in the DROP shall be determined
in accordance with the provisions of subsections (b)(3) and (b)(4),
but in no event shall it continue past the date he terminates his
employment as a police officer.
b. Except as otherwise provided in subsection (b)(4)b., a member's
DROP Account under this subsection (c)(2) shall be debited or
credited after each fiscal year quarter with earnings, determined as
follows:
The average daily balance in a member's DROP Account shall be
credited or debited at a rate equal to the net investment return
realized by the system for that quarter. "Net investment return" for
the purpose of this paragraph is the total return of the assets in
which the Member's DROP Account is invested by the board net of
brokerage commissions, transaction costs and management fees.
c. A member's DROP Account shall only be credited or debited with
earnings or losses and monthly benefits while the member is a
participant in the DROP. A member's final DROP account value
for distribution to the member upon termination of participation in
the DROP shall be the value of the account at the end of the
quarter immediately preceding termination of participation plus
any monthly periodic additions made to the DROP account
subsequent to the end of the previous quarter and prior to
distribution. If a Member fails to terminate employment after
participating in the DROP for the permissible period of DROP
participation, then beginning with the member's first month of
employment following the last month of the permissible period of
DROP participation, the member's DROP Account will no longer
be credited or debited with earnings or losses, nor will monthly
benefits be transferred to the DROP account. All such non-
transferred amounts shall be forfeited and continue to be forfeited
while the member is employed by the Police Department, and no
cost-of-living adjustments shall be applied to the member's credit
during such period of continued employment. A member
employed by the Police Department after the permissible period of
DROP participation will still not be eligible for pre-retirement
Ordinance No. 58-13-36 Page 43 of 48
AGENDA ITEM#7C
JUNE 10,2013
death and disability benefits, and will not accrue additional
Credited Service except as provided for in Section 2-310.17,
Reemployment After Retirement.
(d) Distribution of DROP Accounts on Termination of Employment.
(1) Eligibility for Benefits. A member shall receive the balance in his DROP
Account in accordance with the provisions of this subsection (d) upon his
termination of employment as a police officer. Except as provided in
subsection (d)(5), no amounts shall be paid to a member from the DROP
prior to his termination of employment as a police officer.
(2) Form of Distribution.
a. Unless the member elects otherwise, distribution of his DROP
Account shall be made in a lump sum, subject to the direct rollover
provisions set forth in subsection (d)(6). Elections under this
paragraph shall be in writing and shall be made in such time or
manner as the board shall determine.
b. Notwithstanding the preceding, if a member dies before his benefit
is paid, his DROP Account shall be paid to his beneficiary in such
optional form as his beneficiary may select. If no beneficiary
designation is made, the DROP Account shall be distributed to the
member's estate.
(3) Date of Payment of Distribution. Except as otherwise provided in this
subsection (d), distribution of a member's DROP Account shall be made
as soon as administratively practicable following the member's
termination of employment. Distribution of the amount in a member's
DROP account will not be made unless the member completes a written
request for distribution and a written election, on forms designated by the
board, to either receive a cash lump sum or a rollover of the lump sum
amount.
(4) Proof of Death and Right of Beneficiary or Other Person. The board may
require and rely upon such proof of death and such evidence of the right of
any beneficiary or other person to receive the value of a deceased
member's DROP Account as the board may deem proper and its
determination of the right of that beneficiary or other person to receive
payment shall be conclusive.
(5) Distribution Limitation. Notwithstanding any other provision of
subsection (d), all distributions from the DROP shall conform to the
"Minimum Distribution Of Benefits" provisions as provided for herein.
(6) Direct Rollover of Certain Distributions. This subsection applies to
distributions made on or after January 1, 2002. Notwithstanding any
provision of the DROP to the contrary, a distributee may elect to have any
portion of an eligible rollover distribution paid in a direct rollover as
otherwise provided under the System in Section 2-310.13.
(e) Administration of DROP.
Ordinance No. 58-13-36 Page 44 of 48
AGENDA ITEM#7C
JUNE 10,2013
(1) Board Administers the DROP. The general administration of the DROP,
the responsibility for carrying out the provisions of the DROP and the
responsibility of overseeing the investment of the DROP's assets shall be
placed in the board. The members of the board may appoint from their
number such subcommittees with such powers as they shall determine;
may adopt such administrative procedures and regulations as they deem
desirable for the conduct of their affairs; may authorize one or more of
their number or any agent to execute or deliver any instrument or make
any payment on their behalf; may retain counsel, employ agents and
provide for such clerical, accounting, actuarial and consulting services as
they may require in carrying out the provisions of the DROP; and may
allocate among themselves or delegate to other persons all or such portion
of their duties under the DROP, other than those granted to them as trustee
under any trust agreement adopted for use in implementing the DROP, as
they, in their sole discretion, shall decide. A trustee shall not vote on any
question relating exclusively to himself.
(2) Individual Accounts, Records and Reports. The board shall maintain
records showing the operation and condition of the DROP, including
records showing the individual balances in each member's DROP
Account, and the board shall keep in convenient form such data as may be
necessary for the valuation of the assets and liabilities of the DROP. The
board shall prepare and distribute to members participating in the DROP
and other individuals or file with the appropriate governmental agencies,
as the case may be, all necessary descriptions, reports, information returns,
and data required to be distributed or filed for the DROP pursuant to the
IRC and any other applicable laws.
(3) Establishment of Rules. Subject to the limitations of the DROP, the board
from time to time shall establish rules for the administration of the DROP
and the transaction of its business. The Board shall have discretionary
authority to construe and interpret the DROP (including but not limited to
determination of an individual's eligibility for DROP participation, the
right and amount of any benefit payable under the DROP and the date on
which any individual ceases to be a participant in the DROP). The
determination of the board as to the interpretation of the DROP or its
determination of any disputed questions shall be conclusive and final to
the extent permitted by applicable law.
(4) Limitation of Liability.
a. The trustees shall not incur any liability individually or on behalf
of any other individuals for any act or failure to act, made in good
faith in relation to the DROP or the funds of the DROP.
b. Neither the board nor any trustee of the board shall be responsible
for any reports furnished by any expert retained or employed by
the board, but they shall be entitled to rely thereon as well as on
certificates furnished by an accountant or an actuary, and on all
opinions of counsel. The board shall be fully protected with
respect to any action taken or suffered by it in good faith in
reliance upon such expert, accountant, actuary or counsel, and all
actions taken or suffered in such reliance shall be conclusive upon
any person with any interest in the DROP.
Ordinance No. 58-13-36 Page 45 of 48
AGENDA ITEM#7C
JUNE 10,2013
(f) General Provisions.
(1) Amendment of DROP. The DROP may be amended by an ordinance of
the City at any time and from time to time, and retroactively if deemed
necessary or appropriate, to amend in whole or in part any or all of the
provisions of the DROP. However, except as otherwise provided by law,
no amendment shall make it possible for any part of the DROP's funds to
be used for, or diverted to, purposes other than for the exclusive benefit of
persons entitled to benefits under the DROP. No amendment shall be
made which has the effect of decreasing the balance of the DROP Account
of any member.
(2) Facility of Payment. If a member or other person entitled to a benefit
under the DROP is unable to care for his affairs because of illness or
accident or is a minor, the board shall direct that any benefit due him shall
be made only to a duly appointed legal representative. Any payment so
made shall be a complete discharge of the liabilities of the DROP for that
benefit.
(3) Information. Each member, beneficiary or other person entitled to a
benefit, before any benefit shall be payable to him or on his account under
the DROP, shall file with the Board the information that it shall require to
establish his rights and benefits under the DROP.
(4) Prevention of Escheat. If the board cannot ascertain the whereabouts of
any person to whom a payment is due under the DROP, the Board may, no
earlier than three (3) years from the date such payment is due, mail a
notice of such due and owing payment to the last known address of such
person, as shown on the records of the board or the City. If such person
has not made written claim therefor within three (3) months of the date of
the mailing, the board may, if it so elects and upon receiving advice from
counsel to the system, direct that such payment and all remaining
payments otherwise due such person be canceled on the records of the
system. Upon such cancellation, the system shall have no further liability
therefor except that, in the event such person or his beneficiary later
notifies the board of his whereabouts and requests the payment or
payments due to him under the DROP, the amount so applied shall be paid
to him in accordance with the provisions of the DROP.
(5) Written Elections, Notification.
a. Any elections, notifications or designations made by a member
pursuant to the provisions of the DROP shall be made in writing
and filed with the board in a time and manner determined by the
board under rules uniformly applicable to all employees similarly
situated. The board reserves the right to change from time to time
the manner for making notifications, elections or designations by
members under the DROP if it determines after due deliberation
that such action is justified in that it improves the administration of
the DROP. In the event of a conflict between the provisions for
making an election, notification or designation set forth in the
DROP and such new administrative procedures, those new
administrative procedures shall prevail.
Ordinance No. 58-13-36 Page 46 of 48
AGENDA ITEM#7C
JUNE 10,2013
b. Each member or retiree who has a DROP Account shall be
responsible for furnishing the Board with his current address and
any subsequent changes in his address. Any notice required to be
given to a member or retiree hereunder shall be deemed given if
directed to him at the last such address given to the board and
mailed by registered or certified United States mail. If any check
mailed by registered or certified United States mail to such address
is returned, mailing of checks will be suspended until such time as
the member or retiree notifies the board of his address.
(6) Benefits Not Guaranteed. All benefits payable to a Member from the
DROP shall be paid only from the assets of the member's DROP Account
and neither the City nor the board shall have any duty or liability to
furnish the DROP with any funds, securities or other assets except to the
extent required by any applicable law.
(7) Construction.
a. The DROP shall be construed, regulated and administered under
the laws of Florida, except where other applicable law controls.
b. The titles and headings of the subsections in this Section 2-310.18
are for convenience only. In the case of ambiguity or
inconsistency, the text rather than the titles or headings shall
control.
(8) Forfeiture of Retirement Benefits. Nothing in this Section shall be
construed to remove DROP participants from the application of any
forfeiture provisions applicable to the system. DROP participants shall be
subject to forfeiture of all retirement benefits, including DROP benefits.
(9) Effect of DROP Participation on Employment. Participation in the DROP
is not a guarantee of employment and DROP participants shall be subject
to the same employment standards and policies that are applicable to
employees who are not DROP participants.
Ordinance No. 58-13-36 Page 47 of 48
AGENDA ITEM#7C
JUNE 10,2013
Sections 2-310.19 - 2-310.29. Reserved.
Ordinance No. 58-13-36 Page 48 of 48
AGENDA ITEM#7D
JUNE 10,2013
ORDINANCE NO. 58-13-37
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
AMENDING AND RESTATING CHAPTER 2,
ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS,
DIVISION 3, GENERAL EMPLOYEES' RETIREMENT
SYSTEM, SECTIONS 2-261 THROUGH 2-299, INCLUSIVE, OF
THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC
BEACH, BY RESTATING THE CITY OF ATLANTIC BEACH
GENERAL EMPLOYEES' RETIREMENT SYSTEM;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY OF PROVISIONS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach General Employees are presently provided
pension and certain other benefits under Ordinances of the City of Atlantic Beach and;
WHEREAS, the City Commission desires to clarify and restate the provisions of the
General Employees' Retirement System to consolidate all prior ordinances and Code provisions
and to incorporate State and Federal law; and
WHEREAS, the City Commission also desires to amend and adjust the benefits
currently provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA;
SECTION 1: That Chapter 2, Administration, Article VI, Employee Benefits, Division
3, General Employees' Retirement Plan, Sections 2-261 through 2-299, inclusive, of the Code of
Ordinances of the City of Atlantic Beach, is hereby amended and restated as set forth in the
document designated CITY OF ATLANTIC BEACH GENERAL EMPLOYEES'
RETIREMENT SYSTEM, attached hereto and made a part hereof.
SECTION 2: Specific authority is hereby granted to codify and incorporate this
Ordinance in the existing Code of Ordinances of the City of Atlantic Beach.
SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or
the particular application thereof shall be held invalid by any court, administrative agency, or
other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or
phrases under application shall not be affected thereby.
AGENDA ITEM It 7D
JUNE 10,2013
SECTION 5: That this Ordinance shall become effective upon its adoption.
PASSED ON FIRST READING, this 13t1' day of May 2013.
PASSED AND ADOPTED ON SECOND READING,this 10th day of June 2013.
Mike Borno
Mayor
ATTEST:
Donna L. Bartle, CMC
City Clerk
Approved as to form:
Alan C. Jensen, Esquire
City Attorney
Ordinance No. 58-13-37 Page 2 of 40
AGENDA ITEM#7D
JUNE 10,2013
CITY OF ATLANTIC BEACH GENERAL EMPLOYEES' RETIREMENT SYSTEM
Sec. 2-261. Definitions.
(a) As used herein, unless otherwise defined or required by the context, the following
words and phrases shall have the meaning indicated:
Accumulated contributions means a member's own contributions with interest compounded
annually, redetermined on October 1 of each year based on the two-year Treasury Rate. For those
members who purchase credited service with interest or at no cost to the system, any payment
representing the amount attributable to member contributions based on the applicable member
contribution rate, and any payment representing interest and any required actuarially calculated
payments for the purchase of such credited service shall be included in accumulated contributions,
with interest. Interest shall accrue only during periods of active employment.
Actuarial equivalent means a benefit or amount of equal value, based upon the RP-2000
Combined Healthy Male Generational Mortality Table projected by Scale AA, and an interest rate of
eight percent (8%) per annum. This definition may only be amended by the city pursuant to the
recommendation of the board using assumptions adopted by the board with the advice of the plan's
actuary, such that actuarial assumptions are not subject to city discretion.
Average final compensation means one-twelfth (1/12) of the average salary of the five (5) best
consecutive years of the last ten (10) years of credited service years of credited service prior to
retirement, termination, or death, or the career average as a full-time general employee, whichever is
greater. A year shall be twelve (12) consecutive months.
Beneficiary means the person or persons entitled to receive benefits hereunder at the death of
a member who has or have been designated in writing by the member and filed with the board. If no
such designation is in effect, or if no person so designated is living, at the time of death of the
member, the beneficiary shall be the estate of the member, except as provided by Sec. 2-267, Pre-
retirement death.
Board means the board of trustees, which shall administer and manage the system herein
provided and serve as trustees of the fund.
City means City of Atlantic Beach, Florida.
Credited Service means the total number of years and fractional parts of years of service as a
general employee with member contributions, when required, omitting intervening years or fractional
parts of years when such member was not employed by the city as a general employee. If a vested
member leaves the employ of the city, his accumulated contributions will be returned only upon his
written request. If a member who is not vested is not reemployed as a general employee with the city
within five (5) years, his accumulated contributions, if one thousand dollars ($1,000.00) or less, shall
be returned. If a member who is not vested is not reemployed within five (5) years, his accumulated
contributions, if more than one-thousand dollars ($1,000.00), will be returned only upon the written
request of the member and upon completion of a written election to receive a cash lump sum or to
rollover the lump sum amount on forms designated by the board. Upon return of a member's
accumulated contributions, all of his rights and benefits under the system are forfeited and terminated.
The years or parts of a year that a member performs "Qualified Military Service" consisting of
voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services
Employment and Reemployment Rights Act (USERRA) (P.L.103-353), after separation from
employment as a general employee to perform training or service, shall be added to his years of
credited service for all purposes, including vesting, provided that:
(1) The member is entitled to reemployment under the provisions of USERRA.
Ordinance No. 58-13-37 Page 3 of 40
AGENDA ITEM#7D
JUNE 10,2013
(2) The member returns to his employment as a general employee within the time frame
as allowed by USERRA following the earlier of the date of his military discharge or
his release from service, unless otherwise required by USERRA.
(3) The member deposits into the fund the same sum that the member would have
contributed, if any, if he had remained a general employee during his absence. The
maximum credit for military service pursuant to this subdivision shall be five (5)
years. The member must deposit all missed contributions within a period equal to
three times the period of military service, but not more than five (5) years, following
re-employment or he will forfeit the right to receive credited service for his military
service pursuant to this paragraph.
(4) This paragraph is intended to satisfy the minimum requirements of USERRA. To the
extent that this paragraph does not meet the minimum standards of USERRA, as it
may be amended from time to time, the minimum standards shall apply.
In the event a member dies on or after January 1, 2007, while performing USERRA Qualified
Military Service, the beneficiaries of the member are entitled to any benefits (other than benefit
accruals relating to the period of qualified military service) as if the member had resumed
employment and then died while employed.
Beginning January 1, 2009, to the extent required by IRC section 414(u)(12), an individual
receiving differential wage payments (as defined under IRC section 3401(h)(2)) from an employer
shall be treated as employed by that employer, and the differential wage payment shall be treated as
compensation for purposes of applying the limits on annual additions under IRC section 415(c). This
provision shall be applied to all similarly situated individuals in a reasonably equivalent manner.
Effective date means the date on which this ordinance becomes effective.
Fund means the trust fund established herein as part of the system.
General Employee means any actively employed person in the regular full-time or regular part
time service of the city, including those in their initial probationary employment period, but not
including
(1) Certified police officers employed by the city;
(2) Any city employee who is employed in a position normally requiring less than one
thousand (1,000) hours of work per annum;
(3) Any city managerial or professional employee who is employed pursuant to an
individual contract of employment which does not provide for the employee's
participation in this retirement system;
(4) Elected officials of the city;
(5) Positions which are compensated on a basis not subject to the withholding of federal
income taxes or FICA taxes by the city;
(6) Temporary employees.
(7) Retirees reemployed as a part-time employee and subject to Sec. 2-285.
IRCmeans the Internal Revenue Code of 1986, as amended from time to time.
Ordinance No. 58-13-37 Page 4 of 40
AGENDA ITEM#7D
JUNE 10,2013
Member means an actively employed general employee who fulfills the prescribed
membership requirements. Benefit improvements which, in the past, have been provided for by
amendments to the system adopted by city ordinance, and any benefit improvements which might be
made in the future shall apply prospectively and shall not apply to members who terminate
employment or who retire prior to the effective date of any ordinance adopting such benefit
improvements, unless such ordinance specifically provides to the contrary.
Plan Year means the twelve (12) month period beginning October 1 and ending September 30
of the following year.
Retiree means a member who has entered retirement status.
Retirement means a member's separation from city employment with eligibility for immediate
receipt of benefits under the system or entry into the deferred retirement option plan.
Salary means the compensation for services rendered to the city as a general employee report-
able on the member's W-2 form plus all tax deferred, tax sheltered or tax exempt items of income
derived from elective employee payroll deductions or salary reductions. Compensation shall include
base salary or wages, longevity pay, performance bonuses, overtime pay, compensatory time, cost of
living payments and salary or wages while absent from work on account of paid personal leave or
holidays. Compensation shall not include redemptions or payments in consideration of unused
personal leave, the value of any fringe benefit, uniform allowances, equipment allowances,
reimbursement of expenses, or any other item not specifically included. For service earned after April
8, 2013 (the "effective date"), salary shall not include more than three hundred (300) hours of
overtime per calendar year. Provided however, in any event, payments for overtime in excess of three
hundred (300) hours per year accrued as of the effective date and attributable to service earned prior
to the effective date, may still be included in salary for pension purposes even if the payment is not
actually made until on or after the effective date.
Compensation in excess of the limitations set forth in Section 401(a)(17) of the IRC as of the
first day of the plan year shall be disregarded for any purpose, including employee contributions or
any benefit calculations. The annual compensation of each member taken into account in determining
benefits or employee contributions for any plan year beginning on or after January 1, 2002, may not
exceed $200,000, as adjusted for cost-of-living increases in accordance with IRC Section
401(a)(17)(B). Compensation means compensation during the fiscal year. The cost-of-living
adjustment in effect for a calendar year applies to annual compensation for the determination period
that begins with or within such calendar year. If the determination period consists of fewer than 12
months, the annual compensation limit is an amount equal to the otherwise applicable annual
compensation limit multiplied by a fraction, the numerator of which is the number of months in the
short determination period, and the denominator of which is 12. If the compensation for any prior
determination period is taken into account in determining a member's contributions or benefits for the
current plan year, the compensation for such prior determination period is subject to the applicable
annual compensation limit in effect for that prior period. The limitation on compensation for an
"eligible employee" shall not be less than the amount which was allowed to be taken into account
hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a member
before the first plan year beginning after December 31, 1995.
Spouse means the lawful wife or husband of a member or retiree at the time benefits become
payable.
System means the City of Atlantic Beach General Employees' Retirement System as contained
herein and all amendments thereto.
(b) Masculine Gender: The masculine gender, where used herein, unless the context
specifically requires otherwise, shall include both the feminine and masculine genders.
Ordinance No. 58-13-37 Page 5 of 40
AGENDA ITEM#7D
JUNE 10,2013
Sec. 2-262 Membership.
(a) Conditions of eligibility. All general employees hired prior to September 1, 2008,
shall continue as members of this system as a condition of employment.
(b) General employees hired on or after September 1, 2008, shall no longer be eligible for
membership in the system. Such members shall participate in a Defined Contribution Retirement Plan
established by the City. The accumulated contributions of such members will be transferred to a 457
plan.
(c) The system shall be closed to new members effective June 23, 2013.
Sec. 2-263. Board of trustees.
(a) The sole and exclusive administration of and responsibility for the proper operation of
the system and for making effective the provisions of this ordinance is hereby vested in a board of
trustees. The board is hereby designated as the plan administrator. The board shall consist of five (5)
trustees, two (2) of whom, unless otherwise prohibited by law, shall be legal residents of the city, who
shall be appointed by the Atlantic Beach City Commission, and two (2) of whom shall be members of
the system, who shall be elected by a majority of the general employees who are members of the
system. The fifth trustee shall be a resident of the City and shall be chosen by a majority of the
previous four (4) trustees as provided for herein, and such person's name shall be submitted to the
Atlantic Beach City Commission. Upon receipt of the fifth person's name, the Atlantic Beach City
Commission shall confirm the appointment to the board as its fifth trustee. The fifth trustee shall have
the same rights as each of the other four (4) trustees appointed or elected as herein provided and shall
serve a four (4) year term unless he sooner vacates the office. Each resident trustee shall serve as
trustee for a period of four (4) years, unless he sooner vacates the office or is sooner replaced by the
Atlantic Beach City Commission at whose pleasure he shall serve. Each member trustee shall serve as
trustee for a period of four (4) years, unless he sooner leaves the employment of the city as a general
employee or otherwise vacates his office as trustee, whereupon a successor shall be chosen in the
same manner as the departing trustee. A vacancy shall occur on the board if any member shall resign
or any employee representative ceases to be employed by the City. A vacancy shall occur on the
board if any trustee fails to attend three (3) consecutive meetings of the board unless, in each case,
excused for cause by the trustees attending the meeting. Each trustee may succeed himself in office.
DROP participants can be elected as but not vote for elected Trustees. The board shall establish and
administer the nominating and election procedures for each election. The board shall meet at least
quarterly each year. The board shall be a legal entity with, in addition to other powers and
responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and
description.
(b) The trustees shall,by a majority vote, elect a chairman, vice-chairman and a secretary.
The secretary of the board shall keep minutes of the actions, proceedings, or hearings of the board.
The trustees shall not receive any compensation as such, but may receive expenses and per diem as
provided by law.
(c) Each trustee shall be entitled to one (1) vote on the board. Three (3) affirmative votes
shall be necessary for any decision by the trustees at any meeting of the board. A trustee shall abstain
from voting as the result of a conflict of interest and shall comply with the provisions of F.S.
_112.3143.
(d) The board shall engage such actuarial, accounting, legal, and other services as shall be
required to transact the business of the system. The compensation of all persons engaged by the board
Ordinance No. 58-13-37 Page 6 of 40
AGENDA ITEM#7D
JUNE 10,2013
and all other expenses of the board necessary for the operation of the system shall be paid from the
fund at such rates and in such amounts as the board shall agree.
(e) The duties and responsibilities of the board shall include, but not necessarily be
limited to,the following:
(1) To construe the provisions of the system and determine all questions arising
thereunder.
(2) To determine all questions relating to eligibility and membership.
(3) To determine and certify the amount of all retirement allowances or other benefits
hereunder.
(4) To establish uniform rules and procedures to be followed for administrative purposes,
benefit applications and all matters required to administer the system.
(5) To distribute to members, at regular intervals, information concerning the system.
(6) To receive and process all applications for benefits.
(7) To authorize all payments whatsoever from the fund, and to notify the disbursing
agent, in writing, of approved benefit payments and other expenditures arising through
operation of the system and fund.
(8) To have performed actuarial studies and valuations, at least as often as required by
law, and make recommendations regarding any and all changes in the provisions of
the system.
(9) To perform such other duties as are required to prudently administer the system.
Sec. 2-264. Finances and fund management.
Establishment and Operation of Fund
(a) As part of the system, there is hereby established the fund, into which shall be
deposited all of the contributions and assets whatsoever attributable to the system, including the assets
of the prior General Employees' Retirement System.
(b) The actual custody and supervision of the fund (and assets thereof) shall be vested in
the board. Payment of benefits and disbursements from the fund shall be made by the disbursing
agent but only upon written authorization from the board.
(c) All funds of the General Employees' Retirement System may be deposited by the
board with the Finance Director of the City, acting in a ministerial capacity only, who shall be liable
in the same manner and to the same extent as he is liable for the safekeeping of funds for the City.
However, any funds so deposited with the Finance Director of the City shall be kept in a separate fund
by the Finance Director or clearly identified as such funds of the General Employees' Retirement
System. In lieu thereof, the board shall deposit the funds of the General Employees' Retirement
System in a qualified public depository as defined in §280.02, Florida Statutes, which depository with
regard to such funds shall conform to and be bound by all of the provisions of Chapter 280, Florida
Statutes. In order to fulfill its investment responsibilities as set forth herein, the board may retain the
services of a custodian bank, an investment advisor registered under the Investment Advisors Act of
1940 or otherwise exempt from such required registration, an insurance company, or a combination of
Ordinance No. 58-13-37 Page 7 of 40
AGENDA ITEM#7D
JUNE 10,2013
these, for the purposes of investment decisions and management. Such investment manager shall have
discretion, subject to any guidelines as prescribed by the board, in the investment of all fund assets.
(d) All funds and securities of the system may be commingled in the fund, provided that
accurate records are maintained at all times reflecting the financial composition of the fund, including
accurate current accounts and entries as regards the following:
(1) Current amounts of accumulated contributions of members on both an individual and
aggregate account basis, and
(2) Receipts and disbursements, and
(3) Benefit payments, and
(4) Current amounts clearly reflecting all monies, funds and assets whatsoever attributable
to contributions and deposits from the City, and
(5) All interest, dividends and gains (or losses) whatsoever, and
(6) Such other entries as may be properly required so as to reflect a clear and complete
financial report of the fund.
(e) An audit shall be performed annually by a certified public accountant for the most
recent fiscal year of the system showing a detailed listing of assets and a statement of all income and
disbursements during the year. Such income and disbursements must be reconciled with the assets at
the beginning and end of the year. Such report shall reflect a complete evaluation of assets on both a
cost and market basis, as well as other items normally included in a certified audit.
(f) The board shall have the following investment powers and authority:
(1) The board shall be vested with full legal title to said fund, subject, however, and in
any event to the authority and power of the Atlantic Beach City Commission to amend
or terninate this fund, provided that no amendment or fund termination shall ever
result in the use of any assets of this fund except for the payment of regular expenses
and benefits under this system, except as otherwise provided herein. All contributions
from time to time paid into the fund, and the income thereof, without distinction
between principal and income, shall be held and administered by the board or its agent
in the fund and the board shall not be required to segregate or invest separately any
portion of the fund.
(2) All monies paid into or held in the fund shall be invested and reinvested by the board
and the investment of all or any part of such funds shall be subject to the following:
a. Notwithstanding any limitation in prior city ordinances to the contrary, all
monies paid into or held in the fund may be invested and reinvested in such
securities, investment vehicles or property wherever situated and of whatever
kind, as shall be approved by the board, including but not limited to common
or preferred stocks, bonds, and other evidences of indebtedness or ownership.
b. The board shall develop and adopt a written investment policy statement
setting forth permissible types of investments, goals and objectives of
investments and setting quality and quantity limitations on investments in
accordance with the recommendations of its investment consultants. The
investment policy statement shall be reviewed by the board at least annually.
Ordinance No. 58-13-37 Page 8 of 40
AGENDA ITEM#7D
JUNE 10,2013
c. In addition, the board may, upon recommendation by the board's investment
consultant, make investments in group trusts meeting the requirements of
Internal Revenue Service Revenue Ruling 81-100 and Revenue Ruling 2011-1
or successor rulings or guidance of similar import, and operated or maintained
exclusively for the commingling and collective investment of monies,
provided that the funds in the group trust consist exclusively of trust assets
held under plans qualified under IRC section 401(a), individual retirement
accounts that are exempt under IRC section 408(e), eligible governmental
plans that meet the requirements of IRC section 457(b), and governmental
plans under IRC section 401(a)(24). For this purpose, a trust includes a
custodial account that is treated as a trust under IRC section 401(f) or under
IRC section 457(g)(3). While any portion of the assets of the fund are
invested in such a group trust, such group trust is itself adopted as a part of the
system or plan.
(3) At least once every three (3) years, and more often as determined by the board, the
board shall retain a professionally qualified independent consultant to evaluate the
performance of all current investment managers and make recommendations regarding
the retention of all such investment managers. These recommendations shall be
considered by the board at its next regularly scheduled meeting.
(4) The board may retain in cash and keep unproductive of income such amount of the
fund as it may deem advisable, having regard for the cash requirements of the system.
(5) Neither the board nor any trustee shall be liable for the making, retention or sale of
any investment or reinvestment made as herein provided, nor for any loss or
diminishment of the fund, except that due to his or its own negligence, willful
misconduct or lack of good faith.
(6) The board may cause any investment in securities held by it to be registered in or
transferred into its name as trustee or into the name of such nominee as it may direct,
or it may retain them unregistered and in form permitting transferability, but the books
and records shall at all times show that all investments are part of the fund.
(7) The board is empowered, but is not required, to vote upon any stocks, bonds, or
securities of any corporation, association, or trust and to give general or specific
proxies or powers of attorney with or without power of substitution; to participate in
mergers, reorganizations, recapitalizations, consolidations, and similar transactions
with respect to such securities; to deposit such stock or other securities in any voting
trust or any protective or like committee with the trustees or with depositories
designated thereby; to amortize or fail to amortize any part or all of the premium or
discount resulting from the acquisition or disposition of assets; and generally to
exercise any of the powers of an owner with respect to stocks, bonds, or other
investments comprising the fund which it may deem to be to the best interest of the
fund to exercise.
(8) The board shall not be required to make any inventory or appraisal or report to any
court, nor to secure any order of court for the exercise of any power contained herein.
(9) Where any action which the board is required to take or any duty or function which it
is required to perform either under the terms herein or under the general law applica-
ble to it as trustee under this ordinance, can reasonably be taken or performed only
after receipt by it from a member, the City, or any other entity, of specific informa-
tion, certification, direction or instructions, the board shall be free of liability in failing
to take such action or perform such duty or function until such information, certi-
fication, direction or instruction has been received by it.
Ordinance No. 58-13-37 Page 9 of 40
AGENDA ITEM#7D
JUNE 10,2013
(10) Any overpayments or underpayments from the fund to a member, retiree or
beneficiary caused by errors of computation shall be adjusted with interest at a rate per
annum approved by the board in such a manner that the actuarial equivalent of the
benefit to which the member, retiree or beneficiary was correctly entitled, shall be
paid. Overpayments shall be charged against payments next succeeding the correction
or collected in another manner if prudent. Underpayments shall be made up from the
fund in a prudent manner. Overpayments to a deceased retiree, beneficiary or joint
annuitant of less than one monthly payment resulting from the death of the retiree,
beneficiary or joint annuitant shall not be recouped.
(11) The board shall sustain no liability whatsoever for the sufficiency of the fund to meet
the payments and benefits provided for herein.
(12) In any application to or proceeding or action in the courts, only the board shall be a
necessary party, and no member or other person having an interest in the fund shall be
entitled to any notice or service of process. Any judgment entered in such a
proceeding or action shall be conclusive upon all persons.
(13) Any of the foregoing powers and functions reposed in the board may be performed or
carried out by the board through duly authorized agents, provided that the board at all
times maintains continuous supervision over the acts of any such agent; provided
further, that legal title to said fund shall always remain in the board.
Sec. 2-265 Contributions.
(a) Member coutllbutlons.
(1) Amount. Each member of the system shall be required to make regular contributions
to the fund in the amount of five percent (5%) of his salary. Effective on June 23,
2013, each member shall be required to make regular contributions to the fund in the
amount of six percent (6%) of his salary. Member contributions withheld by the City
on behalf of the member shall be deposited with the board immediately after each pay
period. The contributions made by each member to the fund shall be designated as
employer contributions pursuant to §414(h) of the IRC. Such designation is contin-
gent upon the contributions being excluded from the members' gross income for
Federal Income Tax purposes. For all other purposes of the system, such
contributions shall be considered to be member contributions.
(2) Method. Such Member contributions shall be made by payroll deduction.
(b) City contributions. So long as this system is in effect, the City shall make at least
quarterly contributions to the fund in an amount equal to the required City contribution, as shown by
the applicable actuarial valuation of the system.
(c) Other; Private donations, gifts and contributions may be deposited to the fund, but
such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds
arising from these sources may be used only for additional benefits for members, as determined by the
board, and may not be used to reduce what would have otherwise been required City contributions.
Sec. 2-266. Benefit Amounts and Eligibility.
Ordinance No. 58-13-37 Page 10 of 40
AGENDA ITEM#7D
JUNE 10,2013
(a) Normal retirement date. A member's normal retirement date shall be the first day of
the month coincident with, or next following the attainment of age sixty (60) and the completion of
five (5) years of credited service.
A member may retire on his normal retirement date or on the first day of any month
thereafter, and each member shall become one hundred percent (100%) vested in his accrued benefit
on the member's normal retirement date. Normal retirement under the system is retirement from
employment with the City on or after the normal retirement date.
(b) Normal retirement benefit. A member retiring hereunder on or after his normal
retirement date shall receive a monthly benefit which shall commence on the first day of the month
coincident with or next following his retirement and be continued thereafter during member's lifetime
and ceasing upon death. The monthly retirement benefit shall equal:
(1) for members hired before April 24, 2005, two and eight-five one hundredths percent
(2.85%) of average final compensation, for each year of credited service;
(2) for members hired on or after April 24, 2005, two and one-half percent (2.5%) of
average final compensation, for each year of credited service.
(c) Early retirement date. A member may retire on his early retirement date which shall
be the first day of any month coincident with or next following the attainment of age fifty-five (55)
and the completion of five (5) years of credited service.
Early retirement under the system is retirement from the City on or after the early
retirement date and prior to the normal retirement date.
(d) Early benefit retiring hereunder a
may recery e either a eferreo med at mo thly et reent be nefit payable in the retirement
ame form as
for normal retirement as follows:
(1) A deferred monthly retirement benefit which shall commence on what would have
been his normal retirement date determined based upon his actual years of credited
service and shall be continued on the first day of each month thereafter. The amount
of each such deferred monthly retirement benefit shall be determined in the same
manner as for retirement on his normal retirement date, determined based upon his
actual years of credited service, except that credited service and average final
compensation shall be determined as of his early retirement date; or
(2) An immediate monthly retirement benefit which shall commence on his early
retirement date and shall be continued on the first day of each month thereafter. The
benefit payable shall be as determined in subparagraph (b) above, and is actuarially
reduced from the amount to which he would have been entitled had he retired on the
date which would have been his normal retirement date determined based on his actual
years of credited service as a general employee and with the same number of years of
credited service as at the time his benefits commence and based on his average final
compensation at that date.
(e) Required distribution date. The member's benefit under this Section must begin to be
distributed to the no than lanlater f i
yar r w h cthe memberattains ag seventy enty and one-halff (70' ) or thecledayea in which the
member terminates employment with the city.
Sec. 2-267. Pre-retirement death.
Ordinance No. 58-13-37 Page 11 of 40
AGENDA ITEM#7D
JUNE 10,2013
(a) Prior to eligibility for retirement The beneficiary of a deceased member who was not
receiving monthly benefits or who was not yet vested (less than five (5) years of credited service or
eligible for early or normal retirement shall receive a refund of one-hundred percent (100%) of the
member's accumulated contributions.
(b) Deceased members vested or eligible for retirement. In the event a vested member
(five (5) years of credited service dies prior to retirement, a pre-retirement death benefit shall be paid
as follows:
(1) Deceased Members with a Designated Beneficiary who is not a Surviving Spouse or
Child. This subsection (1) applies only when the member's spouse and/or children
is/are not the beneficiary or beneficiaries, in which case subsection (2) below applies,
but there is a surviving designated beneficiary. The designated beneficiary shall be
entitled to a benefit as follows:
a. A pension benefit computed according to section 2-266(b)and calculated as if
the member had selected thel 00% joint and survivor option computed in
accordance with section 2-270(a)(2), and had retired the day preceding his
death, notwithstanding that the member may not have satisfied the conditions
for retirement.
b. A beneficiary may not elect an optional form of benefit, however the board
may elect to make a lump sum payment pursuant to Sec. 2-270, subsection (g).
c. If a surviving beneficiary commences receiving a benefit under paragraph a.
above, but dies before all payments are made, unless otherwise provided for
herein, the actuarial value of the remaining benefit will be paid to the
surviving beneficiary's estate by December 31 of the calendar year of the
beneficiary's death in a lump sum.
d. The Uniform Lifetime Table in Treasury Regulations § 1.401(a)(9)-9 shall
determine the payment period for the calendar year benefits commence, if
necessary to satisfy the regulations.
(2) Deceased Members with Surviving Spouse and/or Children. This subsection (2)
applies only when the member's spouse and/or child(ren) are the designated
beneficiary or beneficiaries or the deceased member failed to designate a beneficiary,
and leaves a surviving spouse and/or child(ren). Under these circumstances, the
surviving spouse and/or child(ren) shall be entitled to a benefit as follows:
a. If the deceased member is not vested at the time of his death, his surviving
spouse or his child or children (equally), if he leaves no surviving spouse,
shall receive a benefit equal to the benefit provided for in (a) above.
b. If the deceased member is vested at the time of his death, his surviving spouse
and/or child(ren) shall receive a benefit as follows:
1. The surviving spouse shall be paid a pension equal to the greater of
the benefit provided for in (1)a. above or seventy-five (75) percent of
the amount of the life only pension benefit computed in accordance
with section 2-266(b), based on the deceased member's final average
compensation and credited service at the time of death. A surviving
spouse's pension shall terminate upon death. The surviving spouse of
any deceased member shall not lose the survivor retirement benefits if
the spouse reman-ies.
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AGENDA ITEM#7D
JUNE 10,2013
2. The deceased member's unmarried children under the age of nineteen
(19) years, or twenty-three (23) years if enrolled full-time as a student
in an educational institution, shall each be paid an equal share of a
percentage of the retiree's life only pension benefit computed in
accordance with section 2-266(b), based on the deceased member's
final average compensation and credited service at the time of death.
The percent shall be zero (0) percent during periods that a pension is
being paid to the surviving spouse in accordance with the provisions
of paragraph 1. and fifty (50) percent during periods a pension is not
being paid to the surviving spouse. A surviving child's pension shall
terminate upon attainment of age nineteen (19) years or, if over
nineteen (19) years but less than twenty-three (23) years, when no
longer being enrolled as a full-time student in an educational
institution, or upon marriage or death, and the pension of each
remaining eligible child shall be recomputed.
c. Notwithstanding anything contained in this section to the contrary, in any
event, distributions to the spouse beneficiary will begin by December 31 of the
calendar year immediately following the calendar year in which the member
died, or by a date selected pursuant to the above provisions in this section that
must be on or before December 31 of the calendar year in which the member
would have attained 701/2.
(3) Failure to Designate a Beneficiary, No Surviving Benef cialy and No Surviving
Spouse or Children. If a deceased vested member or retiree failed to name a benefici-
ary in the manner prescribed in Section 2-271, or if the beneficiary (or beneficiaries)
named by a deceased member or retiree predeceases the member or retiree and the
member or retiree leaves no surviving spouse and/or child(ren), the death benefit
which shall be payable as a lump sum to the estate of member or retiree shall be the
actuarial equivalent of the member's accrued benefit as of the date of death and the
member's entire interest must be distributed to the estate by December 31 of the
calendar year containing the fifth anniversary of the member's death.
Sec. 2-268. Disability.
(a) Disability benefits. Any member who has accrued five (5) or more years of credited
service, who shall become totally and permanently disabled to the extent that he is unable, by reason
of a medically determinable physical or mental impairment, to render useful and efficient service as a
general employee, shall, upon establishing the same to the satisfaction of the board, be entitled to a
monthly pension equal to two and eight-five one hundredths percent (2.85%) of his average final
compensation multiplied by the total years of credited service for members hired before April 24,
2005, and two and one-half percent (2.5%) of his average final compensation multiplied by the total
years of credited service for members hired on or after April 24, 2005. Terminated persons, either
vested or non-vested, are not eligible for disability benefits, except that those terminated by the City
for medical reasons may apply for a disability within ninety (90) days after termination.
(b) Conditions disqualifying disability benefits. Each member who is claiming disability
benefits shall establish, to the satisfaction of the board, that such disability was not occasioned
primarily by:
(1) Excessive or habitual use of any drugs, intoxicants or narcotics.
Ordinance No. 58-13-37 Page 13 of 40
AGENDA ITEM#7D
JUNE 10,2013
(2) Injury or disease sustained while willfully and illegally participating in fights, riots or
civil insurrections.
(3) Injury or disease sustained while committing a crime.
(4) Injury or disease sustained while serving in any branch of the Armed Forces.
(5) Injury or disease sustained after his employment as a general employee with the City
of Atlantic Beach shall have terminated.
(6) Willful, wanton or intentional misconduct or gross negligence of the member.
(7) Injury or disease sustained by the member while working for anyone other than the
City and arising out of such employment.
(8) A condition pre-existing the general employee's membership in the system. No
member shall be entitled to a disability pension, because of or due to the aggravation
of a specific injury, impairment or other medical condition pre-existing at the time of
membership in the system, provided that such pre-existing condition and its
relationship to a later injury, impairment or other medical condition be established by
competent substantial evidence. Nothing herein shall be construed to preclude a
disability pension to a member who, after membership in the system, suffers an injury,
impairment or other medical condition different from some other injury, impairment,
or other medical condition existing at or prior to said membership.
(c) Physical examination requirement. A member shall not become eligible for disability
benefits until and unless he undergoes a physical examination by a qualified physician or physicians
and/or surgeon or surgeons, who shall be selected by the board for that purpose. The board shall not
select the member's treating physician or surgeon for this purpose except in an unusual case where the
board determines that it would be reasonable and prudent to do so.
Any retiree receiving disability benefits under provisions of this ordinance may be
required by the board to submit sworn statements of his condition accompanied by a physician's
statement (provided at the retiree's expense) to the board annually and may be required by the board to
undergo additional periodic re-examinations by a qualified physician or physicians and/or surgeon or
surgeons who shall be selected by the board, to determine if such disability has ceased to exist. If a
retiree refuses to submit to such examination, the retiree's disability benefit shall be suspended until
such time as the retiree submits to the examination. If the board finds that the retiree is no longer
permanently and totally disabled to the extent that he is unable to render useful and efficient service as
a general employee, the board shall recommend to the City that the retiree be returned to performance
of duty as a general employee, and the retiree so returned shall enjoy the same rights that he had at the
time he was placed upon. In the event the retiree so ordered to return shall refuse to comply with the
order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension.
The cost of the physical examination and/or re-examination of the member claiming or
the retiree receiving disability benefits shall be borne by the fund. All other reasonable costs as
determined by the board incident to the physical examination, such as, but not limited to,
transportation, meals and hotel accommodations, shall be borne by the fund.
If the retiree recovers from disability and reenters the service of the City as a general
employee, his service will be deemed to have been continuous, but the period beginning with the first
month for which he received a disability retirement income payment and ending with the date he
reentered the service of the City will not be considered as credited service for the purposes of the
system.
The board shall have the power and authority to make the final decisions regarding all
disability claims.
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AGENDA ITEM#7D
JUNE 10,20I3
(d) Disability payments. The monthly benefit to which a member is entitled in the event
of the member's disability retirement shall be payable on the first day of the first month after the board
determines such entitlement. However, the monthly retirement income shall be payable as of the date
the board determined such entitlement, retroactive to the date of application or the last day on payroll,
whichever is later, and any retroactive benefit amount shall be paid together with the first payment.
The last payment will be:
(1) If the retiree recovers from the disability, the payment paid preceding the date of such
recovery, or
(2) If the retiree dies without recovering from disability, the payment received preceding
his death.
Provided, however, the disability retiree may select, at any time prior to the date on
which benefit payments begin, an optional form of benefit payment as described in Section 2-270,
subsection (a)(1) or(a)(2), which shall be the actuarial equivalent of the normal form of benefit.
Sec. 2-269. Vesting.
If a member terminates his employment as a general employee, either voluntarily or by
discharge, and is not eligible for any other benefits under this system, the member shall be entitled to
a monthly retirement benefit, determined in the same manner as for normal or early retirement and
based upon the member's credited service, average final compensation and the benefit accrual rate as
of the date of termination, payable to him commencing at member's otherwise normal or early
retirement date, determined based upon his actual years of Credited Service, provided he does not
elect to withdraw his accumulated contributions and provided the member survives to his otherwise
normal or early retirement date. If the member does not withdraw his accumulated contributions and
does not survive to his otherwise normal or early retirement date, his designated beneficiary shall be
entitled to a benefit as provided herein for a deceased member, vested or eligible for retirement under
Sec. 2-267, Pre-Retirement Death. The member may, in lieu of the benefit provided for above, elect
to receive a refund of his accumulated contributions.
Sec. 2-270. Optional Forms of Benefits.
(a) In lieu of the amount and form of retirement income payable in the event of normal or
early retirement (payable for life only) as specified herein, a member, upon written request to the
board, may elect to receive a retirement income or benefit of equivalent actuarial value payable in
accordance with one of the following options:
(1) A retirement income of a monthly amount payable to the retiree for his lifetime, but
with one-hundred twenty (120) payments guaranteed in any event.
(2) A retirement income of a modified monthly amount, payable to the retiree during the
lifetime of the retiree and following the death of the retiree, one hundred (100)
percent, seventy-five (75) percent, sixty-six and two-thirds (66-2/3) percent or fifty
(50) percent of such monthly amount payable to a joint pensioner for his lifetime.
Except where the retiree's joint pensioner is his spouse, the payments to the joint
pensioner as a percentage of the payments to the retiree shall not exceed the applicable
percentage provided for in the applicable table in the Treasury regulations. (See
Q&A-2 of 1.401(a)(9)-6)
(3) A retirement income of a modified monthly amount, payable to the retiree during the
lifetime of the retiree and following the death of the retiree, one hundred (100)
percent, seventy-five (75) percent, sixty-six and two-thirds (66-2/3) percent or fifty
(50) percent of such monthly amount payable to a joint pensioner for his lifetime.
Ordinance No. 58-13-37 Page 15 of 40
AGENDA ITEM#7D
JUNE 10,2013
However, in the event the person designated by the retiree predeceases the retiree, the
monthly benefit shall increase to the amount payable under the standard normal form
of payment for the remaining lifetime of the retiree. Except where the retiree's joint
pensioner is his spouse, the payments to the joint pensioner as a percentage of the
payments to the retiree shall not exceed the applicable percentage provided for in the
applicable table in the Treasury regulations. (See Q&A-2 of 1.401(a)(9)-6)
(4) If a member retires prior to the time at which social security benefits are payable, he
may elect to receive an increased retirement benefit until such time as social security
benefits shall be assumed to commence and a reduced benefit thereafter in order to
provide, to as great an extent as possible, a more level retirement allowance during the
entire period of retirement. The amounts payable shall be as recommended by the
actuaries for the system, based upon the social security law in effect at the time of the
member's retirement.
(5) For members who do not participate in the DROP pursuant to Section 2-286, the
member may elect a percentage of benefit in a lump sum as follows:
a. Ten percent (10%) of the total actuarial equivalent value of the benefit paid as
a lump sum with the remaining ninety percent (90%) paid under the normal
form or as per(1), (2) or (3) above.
b. Fifteen percent (15%) of the total actuarial equivalent value of the benefit paid
as a lump sum with the remaining eighty-five percent (85%) paid under the
normal form or as per(1), (2) or(3) above.
c. Twenty percent (20%) of the total actuarial equivalent value of the benefit
paid as a lump sum with the remaining eighty percent (80%) paid under the
normal form or as per(1), (2) or(3) above.
d. Twenty-five percent (25%) of the total actuarial equivalent value of the benefit
paid as a lump sum with the remaining seventy-five percent (75%) paid under
the normal form or as per (1), (2) or (3) above.
(b) The member, upon electing any option of this Section, will designate the joint
pensioner (subsection (a)(2) or (a)(3) above) or beneficiary (or beneficiaries) to receive the benefit, if
any, payable under the system in the event of member's death, and will have the power to change such
designation from time to time. Such designation will name a joint pensioner or one or more primary
beneficiaries where applicable. If a member has elected an option with a joint pensioner or
beneficiary and member's retirement income benefits have commenced, the member may thereafter
change his designated beneficiary at any time, but may only change his joint pensioner if the
designated joint pensioner and the member were married at the time of member's retirement and are
divorced subsequent thereto and the joint pensioner is alive at the time of the change. In the absence
of proof of good health of the joint pensioner being replaced, the actuary will assume that the joint
pensioner has deceased for purposes of calculating the new payment.
(c) The consent of a member's or retiree's joint pensioner or beneficiary to any such
change shall not be required. The rights of all previously-designated beneficiaries to receive benefits
under the system shall thereupon cease.
(d) Upon change of a retiree's joint pensioner in accordance with this Section, the amount
of the retirement income payable to the retiree shall be actuarially determined to take into account the
age and sex of the former joint pensioner, the new joint pensioner and the retiree. Any such retiree
shall pay the actuarial recalculation expenses. Each request for a change will be made in writing and
notarized on a form prepared by the board and on completion will be filed with the board. In the
Ordinance No. 58-13-37 Page 16 of 40
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event that no designated beneficiary survives the retiree, such benefits as are payable in the event of
the death of the retiree subsequent to his retirement shall be paid as provided in Section 2-271.
(e) Retirement income payments shall be made under the option elected in accordance
with the provisions of this Section and shall be subject to the following limitations:
(1) If a member or person eligible for a benefit dies prior to his normal retirement date or
early retirement date, whichever first occurs, no retirement benefit will be payable
under the option to any person, but the benefits, if any, will be determined under
Section 2-267.
(2) If the designated beneficiary (or beneficiaries) or joint pensioner dies before the
member's retirement under the system, the option elected will be canceled
automatically and a retirement income of the normal form and amount will be payable
to the member upon his retirement as if the election had not been made, unless a new
election is made in accordance with the provisions of this Section or a new beneficiary
is designated by the member prior to his retirement.
(3) If both the retiree and the beneficiary (or beneficiaries) designated by member or
retiree die before the full payment has been effected under any option providing for
payments for a period certain and life thereafter, made pursuant to the provisions of
subsection (a), the board may, in its discretion, direct that the commuted value of the
remaining payments be paid in a lump sum and in accordance with Section 2-271.
(4) If a member continues beyond his normal retirement date pursuant to the provisions of
Section 2-266, subsection (a), and dies prior to his actual retirement and while an
option made pursuant to the provisions of this Section is in effect, monthly retirement
income payments will be made, or a retirement benefit will be paid, under the option
to a beneficiary (or beneficiaries) designated by the member in the amount or amounts
computed as if the member had retired under the option on the date on which his death
occulTed.
(5) The member's benefit under this section must begin to be distributed to the member no
later than April 1 of the calendar year following the later of the calendar year in which
the member attains age seventy and one-half (701/2) or the calendar year in which the
member terminates employment with the city.
(f) A retiree may not change his retirement option after the date of cashing or depositing
his first retirement check.
(g) Notwithstanding anything herein to the contrary, the board in its discretion, may elect
to make a lump sum payment to a member or a member's beneficiary in the event that the total
commuted value of the monthly income payments to be paid do not exceed one thousand dollars
($1,000.00). Any such payment made to any person pursuant to the power and discretion conferred
upon the board by the preceding sentence shall operate as a complete discharge of all obligations
under the system with regard to such member and shall not be subject to review by anyone, but shall
be final, binding and conclusive on all persons.
Sec. 2-271. Beneficiaries.
(a) Each member or retiree may, on a form provided for that purpose, signed and filed
with the board, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be
payable in the event of his death. Each designation may be revoked or changed by such member or
retiree by signing and filing with the board a new designation-of-beneficiary form. Upon such
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change, the rights of all previously designated beneficiaries to receive any benefits under the system
shall cease.
(b) If a deceased member or retiree failed to name a beneficiary in the manner prescribed
in subsection (a), or if the beneficiary (or beneficiaries) named by a deceased member or retiree
predeceases the member or retiree, the death benefit, if any, which may be payable under the system
with respect to such deceased member or retiree, shall be paid to the estate of the member or retiree
and the board, in its discretion, may direct that the commuted value of the remaining monthly income
benefits be paid in a lump sum.
(c) Any payment made to any person pursuant to this Section shall operate as a complete
discharge of all obligations under the system with regard to the deceased member and any other
persons with rights under the system and shall not be subject to review by anyone but shall be final,
binding and conclusive on all persons ever interested hereunder.
Sec 2-272. Claims procedures.
(a) The board shall establish administrative claims procedures to be utilized in processing
written requests ("claims"), on matters which affect the substantial rights of any person ("Claimant"),
including members, retirees, beneficiaries, or any person affected by a decision of the board.
(b) The board shall have the power to subpoena and require the attendance of witnesses
and the production of documents for discovery prior to and at any proceedings provided for in the
board's claims procedures. The Claimant may request in writing the issuance of subpoenas by the
board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set
forth in Florida Statutes.
Sec. 2-273. Roster of retirees.
The secretary of the board shall keep a record of all persons enjoying a pension under the
provisions of this ordinance in which it shall be noted the time when the pension is allowed and when
the same shall cease to be paid. Additionally, the secretary shall keep a record of all members in such
a manner as to show the name, address, date of employment and date of termination of employment.
Sec. 2-274. Maximum pension.
(a) Basic limitation. Notwithstanding any other provisions of this system to the contrary,
the member contributions paid to, and retirement benefits paid from, the system shall be limited to
such extent as may be necessary to conform to the requirements of IRC Section 415 for a qualified
retirement plan. Before January 1, 1995, a plan member may not receive an annual benefit that
exceeds the limits specified in IRC Section 415(b), subject to the applicable adjustments in that
section. On and after January 1, 1995, a plan member may not receive an annual benefit that exceeds
the dollar amount specified in IRC Section 415(b)(1)(A) ($160,000), subject to the applicable
adjustments in IRC Section 415(b) and subject to any additional limits that may be specified in this
System. For purposes of this section, "limitation year" shall be the calendar year.
(b) Adjustments to Basic Limitation forFolm of Benefit.
(1) For a benefit paid in a form to which IRC section 417(e)(3) does not apply (generally,
a monthly benefit), the actuarially equivalent straight life annuity benefit that is the
greater of:
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a. The annual amount of the straight life annuity (if any) payable to the member
under the plan commencing at the same annuity starting date as the form of
benefit to the member, or
b. The annual amount of the straight life annuity commencing at the same
annuity starting date that has the same actuarial present value as the form of
benefit payable to the member, computed using a 5 percent interest
assumption (or the applicable statutory interest assumption) and (i) for years
prior to January 1, 2009, the applicable mortality tables described in Treasury
Regulation Section 1.417(e)-1(d)(2) (Revenue Ruling 2001-62 or any
subsequent Revenue Ruling modifying the applicable provisions of Revenue
Rulings 2001-62), and (ii) for years after December 31, 2008, the applicable
mortality tables described in IRC section 417(e)(3)(B) (Notice 2008-85 or any
subsequent Internal Revenue Service guidance implementing IRC section
417(e)(3)(B)); or
(2) For a benefit paid in a form to which IRC section 417(e)(3) applies (generally, a lump
sum benefit), the actuarially equivalent straight life annuity benefit that is the greatest
of:
a. The annual amount of the straight life annuity commencing at the annuity
starting date that has the same actuarial present value as the particular form of
benefit payable, computed using the interest rate and mortality table, or tabular
factor, specified in the plan for actuarial experience;
b. The annual amount of the straight life annuity commencing at the annuity
starting date that has the same actuarial present value as the particular form of
benefit payable, computed using a 5.5 percent interest assumption (or the
applicable statutory interest assumption) and (i) for years prior to January 1,
2009, the applicable mortality tables for the distribution under Treasury
Regulation Section 1.417(e)-1(d)(2) (the mortality table specified in Revenue
Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable
provisions of Revenue Ruling 2001-62), and (ii) for years after December 31,
2008, the applicable mortality tables described in IRC section 417(e)(3)(B)
(Notice 2008-85 or any subsequent Internal Revenue Service guidance
implementing IRC section 417(e)(3)(B)); or
c. The annual amount of the straight life annuity commencing at the annuity
starting date that has the same actuarial present value as the particular form of
benefit payable (computed using the applicable interest rate for the distribution
under Treasury Regulation Section 1.417(e)-1(d)(3) (the 30-year Treasury rate
(prior to January 1, 2007, using the rate in effect for the month prior to
retirement, and on and after January 1, 2007, using the rate in effect for the
first day of the plan year with a one-year stabilization period)) and (i) for years
prior to January 1, 2009, the applicable mortality tables for the distribution
under Treasury Regulation Section 1.417(e)-1(d)(2) (the mortality table
specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling
modifying the applicable provisions of Revenue Ruling 2001-62), and (ii) for
years after December 31, 2008, the applicable mortality tables described in
IRC section 417(e)(3)(B) (Notice 2008-85 or any subsequent Internal Revenue
Service guidance implementing IRC section 417(e)(3)(B)), divided by 1.05.
(c) Benefits Not Taken into Account. For purposes of this Section, the following benefits
shall not be taken into account in applying these limits:
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(1) . Any ancillary benefit which is not directly related to retirement income benefits;
(2) Any other benefit not required under §415(b)(2) of the IRC and Regulations
thereunder to be taken into account for purposes of the limitation of IRC Section
415(b)(1).
(d) COLA Effect. Effective on and after January 1, 2003, for purposes of applying the
limits under IRC Section 415(b) (the "Limit"), the following will apply:
(1) member's ef rstpcalendar year of benefit applied
payments without rebgard to any automatic cost
of living adjustments;
(2) thereafter, in any subsequent calendar year, a member's annual benefit, including any
automatic cost of living increases, shall be tested under the then applicable benefit
limit including any adjustment to the IRC Section 415(b)(1)(A) dollar limit under IRC
Section 415(d), and the regulations thereunder; but
(3) in no event shall a member's benefit payable under the system in any calendar year be
greater than the limit applicable at the annuity starting date, as increased in subsequent
years pursuant to IRC Section 415(d) and the regulations thereunder.
Unless otherwise specified in the system, for purposes of applying the limits under
IRC Section 415(b), a Member's applicable limit will be applied taking into consideration cost of
living increases as required by Section 415(b) of the IRC and applicable Treasury Regulations.
(e) Other Adjustments in Limitations.
(1) In the event the member's retirement benefits become payable before age sixty-two
(62), the limit prescribed by this section shall be reduced in accordance with
regulations issued by the Secretary of the Treasury pursuant to the provisions of IRC
Section 415(b) of the IRC, so that such limit (as so reduced) equals an annual straight
life benefit (when such retirement income benefit begins) which is equivalent to a one
hundred sixty thousand dollar ($160,000) annual benefit beginning at age sixty-two
(62).
(2) In the event the member's benefit is based on at least fifteen (15) years of credited
service as a full-time employee of the police department of the City, the adjustments
provided for in (e)(1) above shall not apply.
(3) provided in rie disability
benefits pursuant to Sec. 2-268, or pre etrment death benefits paid pursuant to Sec.
2-267.
(4) In the event the member's retirement benefit becomes payable after age sixty-five (65),
for purposes of determining whether this benefit meets the limit set forth in subsection
(a) herein, such benefit shall be adjusted so that it is actuarially equivalent to the
benefit beginning at age sixty-five (65). This adjustment shall be made in accordance
with regulations promulgated by the Secretary of the Treasury or his delegate.
(f) Less than Ten (10) Years of Participation or Service. The maximum retirement
benefits payable under this section to any member who has completed less than ten (10) years of
credited service with the City shall be the amount determined under subsection (a) of this section
multiplied by a fraction, the numerator of which is the number of the member's years of credited
service and the denominator of which is ten (10). The reduction provided by this subsection cannot
reduce the maximum benefit below 10% of the limit determined without regard to this subsection.
The reduction provided for in this subsection shall not be applicable to pre-retirement disability
benefits paid pursuant to Sec. 2-268, or pre-retirement death benefits paid pursuant to Sec. 2-267.
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(g) Participation in Other Defined Benefit Plans. The limit of this section with respect to
any member who at any time has been a member in any other defined benefit plan as defined in IRC
Section 414(j) maintained by the City shall apply as if the total benefits payable under all City defined
benefit plans in which the member has been a member were payable from one plan.
(h) Ten Thousand Dollar ($10,000) Limit; Less Than Ten Years of Service.
Notwithstanding anything in this section 2-274, the retirement benefit payable with respect to a
member shall be deemed not to exceed the limit set forth in this subsection (h) of section 2-274 if the
benefits payable, with respect to such member under this system and under all other qualified defined
benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for
the applicable plan year and for any prior plan year and the City has not any time maintained a
qualified defined contribution plan in which the member participated; provided, however, that if the
member has completed less than ten (10) years of credited service with the City, the limit under this
subsection (h) of section 2-274 shall be a reduced limit equal to ten thousand dollars ($10,000)
multiplied by a fraction, the numerator of which is the number of the member's years of credited
service and the denominator of which is ten (10).
(i) Reduction of Benefits. Reduction of benefits and/or contributions to all plans, where
required, shall be accomplished by first reducing the member's benefit under any defined benefit plans
in which member participated, such reduction to be made first with respect to the plan in which
member most recently accrued benefits and thereafter in such priority as shall be determined by the
board and the plan administrator of such other plans, and next, by reducing or allocating excess
forfeitures for defined contribution plans in which the member participated, such reduction to be made
first with respect to the plan in which member most recently accrued benefits and thereafter in such
priority as shall be established by the board and the plan administrator for such other plans provided,
however, that necessary reductions may be made in a different manner and priority pursuant to the
agreement of the board and the plan administrator of all other plans covering such member.
(j) Service Credit Purchase Limits.
(1) Effective for permissive service credit contributions made in limitation years
beginning after December 31, 1997, if a member makes one or more contributions to
purchase permissive service credit under the system, as allowed in Sections 2-283, and
2-284, then the requirements of this section will be treated as met only if:
a. the requirements of IRC Section 415(b) are met, determined by treating the
accrued benefit derived from all such contributions as an annual benefit for
purposes of IRC Section 415(b), or
b. the requirements of IRC Section 415(c) are met, determined by treating all
such contributions as annual additions for purposes of IRC Section 415(c).
c. For purposes of applying subparagraph (j)(1)a.., the System will not fail to
meet the reduced limit under IRC Section 415(b)(2)(C) solely by reason of this
subparagraph c., and for purposes of applying subparagraph (j)(1)b. the
System will not fail to meet the percentage limitation under Section
415(c)(1)(B) of the IRC solely by reason of this subparagraph c.
(2) For purposes of this subsection the term "permissive service credit" means service
credit—
a. recognized by the system for purposes of calculating a member's benefit under
the plan,
b. which such member has not received under the plan, and
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c. which such member may receive only by making a voluntary additional
contribution, in an amount determined under the system, which does not
exceed the amount necessary to fund the benefit attributable to such service
credit.
Effective for permissive service credit contributions made in limitation years
beginning after December 31, 1997, such term may, if otherwise provided by
the system, include service credit for periods for which there is no
performance of service, and, notwithstanding clause (j)(2)b., may include
service credited in order to provide an increased benefit for service credit
which a member is receiving under the system.
(3) For purposes of applying the limits in this subsection (j)., only and for no other
purpose, the definition of compensation where applicable will be compensation
actually paid or made available during a calendar year, except as noted below and as
permitted by Treasury Regulations Section 1.415(c)-2, or successor regulations.
Unless another definition of compensation that is permitted by Treasury Regulations
Section 1.415(c)-2, or successor regulation, is specified by the system, compensation
will be defined as wages within the meaning of IRC Section 3401(a) and all other
payments of compensation to an employee by an employer for which the employer is
required to furnish the employee a written statement under IRC Sections 6041(d),
6051(a)(3) and 6052 and will be determined without regard to any rules under IRC
Section 3401(a) that limit the remuneration included in wages based on the nature or
location of the employment or the services performed (such as the exception for
agricultural labor in IRC Section 3401(a)(2).
a. However, for calendar years beginning after December 31, 1997,
compensation will also include amounts that would otherwise be included in
compensation but for an election under IRC Sections 125(a), 402(e)(3),
402(h)(1)(B), 402(k), or 457(b). For calendar years beginning after
December 31, 2000, compensation will also include any elective amounts that
are not includible in the gross income of the employee by reason of IRC
Section 132(f)(4).
b. For limitation years beginning on and after January 1, 2007, compensation for
the calendar year will also include compensation paid by the later of 21/2
months after an employee's severance from employment or the end of the
calendar year that includes the date of the employee's severance from
employment if:
1. the payment is regular compensation for services during the
employee's regular working hours, or compensation for services
outside the employee's regular working hours (such as overtime or
shift differential), commissions, bonuses or other similar payments,
and, absent a severance from employment, the payments would have
been paid to the employee while the employee continued in
employment with the employer; or
2. the payment is for unused accrued bona fide sick, vacation or other
leave that the employee would have been able to use if employment
had continued.
c. Back pay, within the meaning of Treasury Regulations Section 1.415(c)-
2(g)(8), shall be treated as compensation for the limitation year to which the
back pay relates to the extent the back pay represents wages and compensation
that would otherwise be included under this definition.
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(4) Notwithstanding any other provision of law to the contrary, the board may modify a
request by a member to make a contribution to the system if the amount of the
contribution would exceed the limits provided in IRC Section 415 by using the
following methods:
a. If the law requires a lump sum payment for the purchase of service credit, the
board may establish a periodic payment deduction plan for the member to
avoid a contribution in excess of the limits under IRC Sections 415(c) or
415(n).
b. If payment pursuant to subparagraph (j)(4)a. will not avoid a contribution in
excess of the limits imposed by IRC Section 415(c), the board may either
reduce the member's contribution to an amount within the limits of that section
or refuse the member's contribution.
(5) If the annual additions for any member for a plan year exceed the limitation under
section 415(c) of the code, the excess annual addition will be corrected as permitted
under the Employee Plans Compliance Resolution System (or similar IRS correction
program).
(6) For limitation s of this subject onr(j)r shall notuexceed t009annual limit undepr-esection
401(a)(17) of the code.
(k) Additional Limitation on Pension Benefits. Notwithstanding anything herein to the
contrary:
(1) The normal retirement benefit or pension payable to a retiree who becomes a member
of the system and who has not previously participated in such system, on or after
January 1, 1980, shall not exceed one hundred percent (100%) of his average final
compensation. However, nothing contained in this section shall apply to supplemental
retirement benefits or to pension increases attributable to cost-of-living increases or
adjustments.
(2) No member of the system shall be allowed to receive a retirement benefit or pension
which is in part or in whole based upon any service with respect to which the member
is already receiving, or will receive in the future, a retirement benefit or pension from
a different employer's retirement system or plan. This restriction does not apply to
social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code.
Sec. 2-275. Minimum distribution of benefits.
(a) General rules.
(1) Effective date. Effective as of January 1, 1989, the plan will pay all benefits in
accordance with a good faith interpretation of the requirements of IRC Section
401(a)(9) and the regulations in effect under that section, as applicable to a
governmental plan within the meaning of IRC Section 414(d). Effective on and after
January 1, 2003, the plan is also subject to the specific provisions contained in this
Section. The provisions of this section will apply for purposes of determining
required minimum distributions for calendar years beginning with the 2003 calendar
year.
(2) Precedence. The requirements of this section will take precedence over any
inconsistent provisions of the plan.
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(3) TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this
section other than this subsection (a)(3), distributions may be made under a
designation made before January 1, 1984, in accordance with Section 242(b)(2) of the
Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that
related to Section 242(b)(2) of TEFRA.
(b) Time and manner of distribution.
(1) Required beginning date. The member's entire interest will be distributed, or begin to
be distributed, to the member no later than the member's required beginning date
which shall not be later than April 1 of the calendar year following the later of the
calendar year in which the member attains age seventy and one-half (70 '/) or the
calendar year in which the member terminates employment with the city.
(2) Death of member before distributions begin. If the member dies before distributions
begin, the member's entire interest will be distributed, or begin to be distributed no
later than as follows:
a. If the member's surviving spouse is the member's sole designated beneficiary,
then distributions to the surviving spouse will begin by December 31 of the
calendar year immediately following the calendar year in which the member
died, or by a date on or before December 31 of the calendar year in which the
member would have attained age 70 1/2, if later, as the surviving spouse elects.
b. If the member's surviving spouse is not the member's sole designated
beneficiary, then, distributions to the designated beneficiary will begin by
December 31 of the calendar year immediately following the calendar year in
which the member died.
c. If there is no designated beneficiary as of September 30 of the year following
the year of the member's death, the member's entire interest will be distributed
by December 31 of the calendar year containing the fifth anniversary of the
member's death.
d. If the member's surviving spouse is the member's sole designated beneficiary
and the surviving spouse dies after the member but before distributions to the
surviving spouse begin, this subsection (b)(2), other than subsection (b)(2)a.,
will apply as if the surviving spouse were the member.
For purposes of this subsection (b)(2). and subsection (e), distributions are
considered to begin on the member's required beginning date or, if subsection
(b)(2)d. applies, the date of distributions are required to begin to the surviving
spouse under subsection (b)(2)a. If annuity payments irrevocably commence
to the member before the member's required beginning date (or to the
member's surviving spouse before the date distributions are required to begin
to the surviving spouse under subsection (b)(2)a.) the date distributions are
considered to begin is the date distributions actually commence.
(3) Death After Distributions Begin. If the member dies after the required distribution of
benefits has begun, the remaining portion of the member's interest must be distributed
at least as rapidly as under the method of distribution before the member's death.
(4) Form of distribution. Unless the member's interest is distributed in the form of an
annuity purchased from an insurance company or in a single sum on or before the
required beginning date, as of the first distribution calendar year distributions will be
made in accordance with this section. If the member's interest is distributed in the
form of an annuity purchased from an insurance company, distributions thereunder
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will be made in accordance with the requirements of Section 401(a)(9) of the IRC and
Treasury regulations. Any part of the member's interest which is in the form of an
individual account described in Section 414(k) of the IRC will be distributed in a
manner satisfying the requirements of Section 401(a)(9) of the IRC and Treasury
regulations that apply to individual accounts.
(c) Determination of amount to be distributed each year:
(1) distributions under the plan, payments member's
underethet annuity paid will satisfy form hefollorwing
u
requirements:
a. The annuity distributions will be paid in periodic payments made at intervals
not longer than one year.
b. The member's entire interest must be distributed pursuant to Sec. 2-266, Sec.
2-267, Sec. 2-269, or Sec. 2-270 (as applicable) and in any event over a period
equal to or less than the member's life or the lives of the member and a
designated beneficiary, or over a period not extending beyond the life
expectancy of the member or of the member and a designated beneficiary.
The life expectancy of the member, the member's spouse, or the member's
beneficiary may not be recalculated after the initial determination for purposes
of determining benefits.
(2) Amount requited to be distributed by required beginning date. The amount that must
be distributed on or before the member's required beginning date (or, if the member
dies before distributions begin, the date distributions are required to begin under Sec.
2-266) is the payment that is required for one payment interval. The second payment
need not be made until the end of the next payment interval even if that payment
interval ends in the next calendar year. Payment intervals are the periods for which
payments are received, e.g., monthly. All of the member's benefit accruals as of the
last day of the first distribution calendar year will be included in the calculation of the
amount of the annuity payments for payment intervals ending on or after the member's
required beginning date.
(3) Additional accruals after fist dlstr7butlon calendar year: Any additional benefits
accruing to the member in a calendar year after the first distribution calendar year will
be distributed beginning with the first payment interval ending in the calendar year
immediately following the calendar year in which such amount accrues.
(d) General distribution rules.
(1) The amount of an annuity paid to a member's beneficiary may not exceed the
maximum determined under the incidental death benefit requirement of IRC Section
401(a)(9)(G), and effective for any annuity commencing on or after January 1, 2008,
the minimum distribution incidental benefit rule under Treasury Regulation Section
1.401(a)(9)-6, Q&A-2.
(2) The death and disability benefits provided by the plan are limited by the incidental
benefit rule set forth in IRC Section 401(a)(9)(G) and Treasury Regulation Section
1.401-1(b)(1)(I) or any successor regulation thereto. As a result, the total death or
disability benefits payable may not exceed 25% of the cost for all of the members'
benefits received from the retirement system.
(e) Definitions.
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(1) Designated beneficiary. The individual who is designated as the beneficiary under the
1�401(a)(9) 1, Q&A--4aof the Treasury regulations.Section 401(a)(9) of the IRC and Section
(2) Distribution calendar year: A calendar year for which a minimum distribution is
required. For distributions beginning before the member's death, the first distribution
calendar year is the calendar year immediately preceding the calendar year which
contains the member's required beginning date. For distributions beginning after the
member's death, the first distribution calendar year is the calendar year in which
distributions are required to begin pursuant to Sec. 2-266.
Sec. 2-276. Miscellaneous provisions.
(a) Interest of members in system. All assets of the fund are held in trust, and at no time
prior to the satisfaction of all liabilities under the system with respect to retirees and members and
their spouses or beneficiaries, shall any part of the corpus or income of the fund be used for or
diverted to any purpose other than for their exclusive benefit.
(b) No reduction of accrued benefits. No amendment or ordinance shall be adopted by the
City Commission of the City of Atlantic Beach which shall have the effect of reducing the then vested
accrued benefits of members or a member's beneficiaries.
(c) Qualification of system. It is intended that the system will constitute a qualified
public pension plan under the applicable provisions of the IRC for a qualified plan under IRC section
401(a) and a governmental plan under IRC section 414(d), as now in effect or hereafter amended.
Any modification or amendment of the system may be made retroactively, if necessary or appropriate,
to qualify or maintain the system as a Plan meeting the requirements of the applicable provisions of
the IRC as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal
tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder.
(d) Use of forfeitures. Forfeitures arising from terminations of service of members shall
serve only to reduce future City contributions.
(e) Prohibited Transactions. Effective as of January 1, 1989, a board may not engage in a
transaction prohibited by IRC Section 503(b).
(fl USERRA. Effective December 12, 1994, notwithstanding any other provision of this
system, contributions, benefits and service credit with respect to qualified military service are
governed by IRC Section 414(u) and the Uniformed Services Employment and Reemployment Rights
Act of 1994, as amended. To the extent that the definition of"credited service" sets forth contribution
requirements that are more favorable to the member than the minimum compliance requirements, the
more favorable provisions shall apply.
(g) Vesting.
(1) Member will be 100% vested in all benefits upon attainment of the plan's age and
service requirements for the plan's normal retirement benefit; and
(2) A member will be 100% vested in all accrued benefits, to the extent funded, if the
plan is terminated or experiences a complete discontinuance of employer
contributions.
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(h) Electronic Forms. In those circumstances where a written election or consent is not
required by the plan or the IRC, an oral, electronic, or telephonic form in lieu of or in addition to a
written form may be prescribed by the board. However, where applicable, the board shall comply
with Treas. Reg. § 1.401(a)-21.
Sec. 2-277. Domestic Relations Orders; Retiree Directed Payments; Exemption from Execution,
Non-assignability.
(a) Domestic relations orders.
(1) Prior to the entry of any domestic relations order which affects or purports to affect
the system's responsibility in connection with the payment of benefits of a retiree, the
member or retiree shall submit the proposed order to the board for review to determine
whether the system may legally honor the order.
(2) If a domestic relations order is not submitted to the board for review prior to entry of
the order, and the system is ordered to take action that it may not legally take, and the
system expends administrative or legal fees in resolving the matter, the member or
retiree who submits such an order will be required to reimburse the system for its
expenses in connection with the order.
(b) Retiree directed payments. The board may, upon written request by a retiree or by a
dependent, when authorized by a retiree or the retiree's beneficiary, authorize the system to withhold
from the monthly retirement payment those funds that are necessary to pay for the benefits being
received through the City, and to make any payments for child support or alimony.
(c) Exemption from execution, non-assignability. Except as otherwise provided by law,
the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions
of this ordinance and the accumulated contributions and the cash securities in the fund created under
this ordinance are hereby exempted from any state, county or municipal tax and shall not be subject to
execution, attachment, garnishment or any legal process whatsoever and shall be unassignable.
Sec. 2-278. Pension validity.
The board shall have the power to examine into the facts upon which any pension shall
heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained
erroneously, fraudulently or illegally for any reason. The board is empowered to purge the pension
rolls or correct the pension amount of any person heretofore granted a pension under prior or existing
law or any person hereafter granted a pension under this ordinance if the same is found to be
erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under
any prior or existing law been or who shall hereafter under this ordinance be erroneously, improperly
or illegally classified. Any overpayments or underpayments shall be corrected and paid or repaid in a
reasonable manner determined by the board.
Sec. 2-279. Forfeiture of Pension.
(a) Any member who is convicted of the following offenses committed prior to
retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment
of the following specified offenses, shall forfeit all rights and benefits under this system, except for
the return of his accumulated contributions without interest as of the date of termination. Specified
offenses are as follows:
(1) The committing, aiding or abetting of an embezzlement of public funds;
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(2) The committing, aiding or abetting of any theft by a public officer or employee from
employer;
(3) Bribery in connection with the employment of a public officer or employee;
(4) Any felony specified in Chapter 838, Florida Statutes;
(5) The committing of an impeachable offense;
(6) The committing of any felony by a public officer or employee who willfully and with
intent to defraud the public or the public agency, for which he acts or in which he is
employed, of the right to receive the faithful performance of his duty as a public
officer or employee, realizes or obtains or attempts to obtain a profit, gain, or
advantage for himself or for some other person through the use or attempted use of the
power, rights, privileges, duties or position of his public office or employment
position; or
(7) The committing on or after October 1, 2008, of any felony defined in Section 800.04,
Florida Statutes, against a victim younger than sixteen (16) years of age, or any felony
defined in Chapter 794, Florida Statutes, against a victim younger than eighteen (18)
years of age, by a public officer or employee through the use or attempted use of
power, rights, privileges, duties, or position of his or her public office or employment
position.
(b) Conviction shall be defined as an adjudication of guilt by a court of competent
jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is
withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable
offense.
(c) Court shall be defined as any state or federal court of competent jurisdiction which is
exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified
offense. Prior to forfeiture, the board shall hold a hearing on which notice shall be given to the
member whose benefits are being considered for forfeiture. Said member shall be afforded the right
to have an attorney present. No formal rules of evidence shall apply, but the member shall be
afforded a full opportunity to present his case against forfeiture.
(d) Any member who has received benefits from the system in excess of his accumulated
contributions after member's rights were forfeited shall be required to pay back to the fund the amount
of the benefits received in excess of his accumulated contributions. The board may implement all
legal action necessary to recover such funds.
Sec. 2-280. Indemnification.
(a) To the extent not covered by insurance contracts in force from time to time, the City
shall indemnify, defend and hold harmless members of the board from all personal liability for
damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or
threat of same, herein referred to as "claims", against these individuals because of acts or
circumstances connected with or arising out of their official duty as members of the board. The City
reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to
not appeal from any adverse judgment or ruling, and in either event will indemnify, defend and hold
harmless any members of the board from the judgment, execution, or levy thereon. 28 of 40
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(b) This Section shall not be construed so as to relieve any insurance company or other
entity liable to defend the claim or liable for payment of the judgment or claim, from any liability, nor
does this Section waive any provision of law affording the City immunity from any suit in whole or
part, or waive any other substantive or procedural rights the City may have.
(c) This Section shall not apply nor shall the City be responsible in any manner to defend
or pay for claims arising out of acts or omissions of members of the board which constitute felonies or
gross malfeasance or gross misfeasance in office.
Sec. 2-281 Direct Transfers of Eligible Rollover Distributions.
(a) Rollover Distributions.
(1) General. This Section applies to distributions made on or after January 1, 2002.
Notwithstanding any provision of the system to the contrary that would otherwise
limit a distributee's election under this Section, a distributee may elect, at the time and
in the manner prescribed by the board, to have any portion of an eligible rollover
distribution paid directly to an eligible retirement plan specified by the distributee in a
direct rollover.
(2) Definitions.
a. Eligible rollover distribution: An eligible rollover distribution is any
distribution of all or any portion of the balance to the credit of the distributee,
except that an eligible rollover distribution does not include: any distribution
that is one of a series of substantially equal periodic payments (not less
frequently than annually) made for the life (or life expectancy) of the
distributee or the joint lives (or joint life expectancies) of the distributee and
the distributee's designated beneficiary, or for a specified period of ten (10)
years or more; any distribution to the extent such distribution is required under
section 401(a)(9) of the IRC and the portion of any distribution that is not
includible in gross income. Effective January 1, 2002, any portion of any
distribution which would be includible in gross income as after-tax employee
contributions will be an eligible rollover distribution if the distribution is made
to an individual retirement account described in section 408(a); to an
individual retirement annuity described in section 408(b); to a qualified
defined contribution plan described in section 401(a) or 403(a) that agrees to
separately account for amounts so transferred (and earnings thereon),
including separately accounting for the portion of such distribution which is
includible in gross income and portion of such distribution which is includible
in gross income and the portion of such distribution which is not so includible;
or on or after January 1, 2007, to a qualified defined benefit plan described in
IRC Section 401(a) or to an annuity contract described in IRC Section 403(b),
that agrees to separately account for amounts so transferred (and earnings
thereon), including separately accounting for the portion of the distribution
that is includible in gross income and the portion of the distribution that is not
so includible.
b. Ehglble retirement plan: An eligible retirement plan is an individual
retirement account described in section 408(a) of the IRC; an individual
retirement annuity described in section 408(b) of the IRC; an annuity plan
described in section 403(a) of the IRC; effective January 1, 2002, an eligible
deferred compensation plan described in section 457(b) of the IRC which is
maintained by an eligible employer described in section 457(e)(1)(A) of the
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IRC and which agrees to separately account for amounts transferred into such
plan from this plan; effective January 1, 2002, an annuity contract described in
section 403(b) of the IRC; a qualified trust described in section 401(a) of the
IRC; or effective January 1, 2008, a Roth IRA described in Section 408A of
the IRC that accepts the distributee's eligible rollover distribution. This
definition shall apply in the case of an eligible rollover distribution to the
surviving spouse.
c. Dlstrlbutee: A distributee includes an employee or former employee. It also
includes the employee's or former employee's surviving spouse and the
employee's or former employee's spouse or former spouse. Effective January
1, 2007, it further includes a nonspouse beneficiary who is a designated
beneficiary as defined by IRC Section 401(a)(9)(E). However, a nonspouse
beneficiary may rollover the distribution only to an individual retirement
account or individual retirement annuity established for the purpose of
receiving the distribution and the account or annuity will be treated as an
"inherited" individual retirement account or annuity.
d. Direct rollover: A direct rollover is a payment by the plan to the eligible
retirement plan specified by the distributee.
(b) Rollovers or transfers into the fund On or after January 1, 2002, the system will
accept, solely for the purpose of purchasing credited service as provided herein, permissible member
requested transfers of funds from other retirement or pension plans, member rollover cash
contributions and/or direct cash rollovers of distributions made on or after January 1, 2002, as follows:
(1) Transfers and dlrectrollovers or member rollover contributlonsfrom other plans. The
system will accept either a direct rollover of an eligible rollover distribution or a
member contribution of an eligible rollover distribution from a qualified plan
described in section 401(a) or 403(a) of the IRC, from an annuity contract described in
section 403(b) of the IRC or from an eligible plan under section 457(b) of the IRC
which is maintained by a state, political subdivision of a state, or any agency or
instrumentality of a state or political subdivision of a state. The system will also
accept legally permissible member requested transfers of funds from other retirement
or pension plans.
(2) Member Rollover Contributions from IRAs. The system will accept a member
rollover contribution of the portion of a distribution from an individual retirement
account or annuity described in section 408(a) or 408(b) of the IRC that is eligible to
be rolled over.
(3) Elimination of mandatory distributions. Notwithstanding any other provision herein to
the contrary, in the event this Plan provides for a mandatory (involuntary) cash
distribution from the Plan not otherwise required by law, for an amount in excess of
one-thousand dollars ($1,000.00), such distribution shall be made from the Plan only
upon written request of the member and completion by the member of a written
election on forms designated by the board, to either receive a cash lump sum or to
rollover the lump sum amount.
Sec. 2-282. Family and Medical Leave Act.
The fractional parts of the twelve (12) month period ending each March 1 that a member is on
leave without pay from the City pursuant to the Family and Medical Leave Act (FMLA) shall be
added to his credited service provided that: Page 30 of 40
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(1) The member contributes to the fund an actuarially determined amount so that the
crediting of the purchased service does not result in any cost to the fund plus payment
of costs for all professional services rendered to the board in connection with the
purchase of years of credited service.
(2) The request for credited service for FMLA leave time for the twelve (12) month
period prior to each March 1 and payment of professional fees shall be made on or
before March 31.
(3) Payment by the member of the required amount shall be made on or before April 30
for the preceding twelve (12) month period ending March 1 and shall be made in one
(1) lump sum payment upon receipt of which credited service shall be issued.
(4) Credited Service purchased pursuant to this Section shall not count toward vesting.
Sec. 2-283. Military Service Prior to Employment.
The years or fractional parts of years that a general employee serves or has served on active
duty in the military service of the Armed Forces of the United States, the United States Merchant
Marine or the United States Coast Guard, voluntarily or involuntarily and honorably or under
honorable conditions, prior to first and initial employment with the City shall be added to his years of
credited service provided that:
(1) The member contributes to the fund the sum that he would have contributed,based on
his salary and the member contribution rate in effect at the time that the credited
service is requested, had he been a member of the system for the years or fractional
parts of years for which he is requesting credit plus amounts actuarially determined
such that the crediting of service does not result in any cost to the fund plus payment
of costs for all professional services rendered to the board in connection with the
purchase of years of credited service.
(2) Multiple requests to purchase credited service pursuant to this Section may be made at
any time prior to retirement.
(3) Payment by the member of the required amount shall be made within six (6) months
of his request for credit, but not later than the retirement date, and shall be made in
one (1) lump sum payment upon receipt of which credited service shall be given or the
member may elect to make payment for the requested credited service over a period of
time as provided for in paragraph (6) below.
(4) The maximum credit under this Section shall be five (5) years.
(5) Credited Service purchased pursuant to this Section shall count for all pension
purposes, except vesting and eligibility for not-in-line of duty disability benefits.
(6) In lieu of the lump sum payment provided for in paragraph (3) above, a member may
elect to make payments over a period of time in order to fully pay the amount
provided for in paragraph (1). The member shall be required to notify the board, in
writing, of his election to make payments in the manner provided for in this
paragraph. The payment plan provided for in this paragraph shall be subject to the
following terms:
a. The principal amount to be paid shall be determined as set forth in paragraph
(1) above.
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b. The original principal amount shall be amortized over the period beginning
with the first payment and ending at the end of a period equal to the number of
years changes being interest atde provided for in su subparagraph c. below.�y to reflect
g
c. Payments shall consist of principal and interest at a rate equal to the
actuarially assumed rate of return on plan investments.
d. Payments shall be made by payroll deduction from each paycheck on an after-
tax basis.
e. In the event that a member dies, retires (including entry into the Deferred
Retirement Option Plan (DROP)) or otherwise terminates his employment,
without having made full payment of the principal amount necessary to
receive all credited service requested, the member shall receive so much of the
credited service requested, determined using procedures established by the
actuary, which could be purchased with the amount of principal paid by the
member to the date of his death or termination of employment.
f. In the event that the member's employment is terminated for any reason and
he is not entitled to any benefit from the plan other than the return of the
amounts he has had deducted from his paycheck as his normal contribution to
the plan, the amounts which the member has paid pursuant to this subsection
to purchase additional credited service, shall be returned to him including all
interest paid.
Sec. 2-284. Prior government service.
Unless otherwise prohibited by law, the years or fractional parts of years that a general
employee who was previously a member, but who terminated employment and received a refund of
his contributions or who terminated employment and is not otherwise entitled to credited service for
such previous period of employment as a general employee, or the years or fractional parts of years
that a member previously served as an employee for any governmental agency in the United States,
including but not limited to federal, state or local government service, and for which he does not
otherwise qualify for and receive credit under this system, shall be added to his years of credited
service provided that:
(1) The member contributes to the fund the sum that he would have contributed, based on
his salary and the member contribution rate in effect at the time that the credited
service is requested, had he been a member of the system for the years or fractional
parts of years for which he is requesting credit plus amounts actuarially determined
such that the crediting of service does not result in any cost to the fund plus payment
of costs for all professional services rendered to the board in connection with the
purchase of years of credited service.
(2) Multiple requests to purchase credited service pursuant to this Section may be made at
any time prior to retirement.
(3) Payment by the member of the required amount shall be made within six (6) months
of his request for credit, but not later than the retirement date, and shall be made in
one lump sum payment upon receipt of which credited service shall be given or the
member may elect to make payment for the requested credited service over a period of
time as provided for in paragraph (6) below.
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(4) The maximum credit under this section for service other than with the City of shall be
five (5) years of credited service and shall count for all pension purposes, except
vesting and eligibility for disability benefits. There shall be no maximum purchase of
credit for prior service with the City of Atlantic Beach and such credit shall count for
all pension purposes, including vesting.
(5) In no event, however, may credited service be purchased pursuant to this Section for
prior service with any other governmental agency, if such prior service forms or will
form the basis of a retirement benefit or pension from a different employers'
retirement system or plan as set forth in Section 2-274, subsection (k)(2).
(6) In lieu of the lump sum payment provided for in paragraph (3) above, a member may
elect to make payments over a period of time in order to fully pay the amount
provided for in paragraph (1). The member shall be required to notify the board, in
writing, of his election to make payments in the manner provided for in this
paragraph. The payment plan provided for in this paragraph shall be subject to the
following terms:
a. The principal amount to be paid shall be determined as set forth in paragraph
(1) above.
b. The original principal amount shall be amortized over the period beginning
with the first payment and ending at the end of a period equal to the number of
years being purchased and shall be reamortized annually if necessary to reflect
changes in the interest rate provided for in subparagraph c. below.
c. Payments shall consist of principal and interest at a rate equal to the
actuarially assumed rate of return on plan investments
d. Payments shall be made by payroll deduction from each paycheck on an after-
tax basis.
e. In the event that a member dies, retires (including entry into the Deferred
Retirement Option Plan (DROP)) or otherwise terminates his employment,
without having made full payment of the principal amount necessary to
receive all credited service requested, the member shall receive so much of the
credited service requested, determined using procedures established by the
actuary, which could be purchased with the amount of principal paid by the
member to the date of his death or termination of employment.
f. In the event that the member's employment is terminated for any reason and
he is not entitled to any benefit from the plan other than the return of the
amounts he has had deducted from his paycheck as his normal contribution to
the plan, the amounts which the member has paid pursuant to this subsection
to purchase additional credited service, shall be returned to him, including all
interest paid.
Sec. 2-285. Reemployment after retirement.
(a) Any retiree who is retired under this system, except for disability retirement as
previously provided for, may be reemployed by any public or private employer, except the city, and
may receive compensation from that employment without limiting or restricting in any way the
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AGENDA ITEM#7D
JUNE 10,2013
retirement benefits payable under this system. Reemployment by the city shall be subject to the
limitations set forth in this section.
(b) After normal retirement. Any retiree who is retired under normal retirement pursuant
to this system and who is reemployed by the city after that retirement shall be ineligible to participate
in this system and shall, during the period of such reemployment, continue to receive retirement
benefits previously earned.
(c) After early retirement Any retiree who is retired under early retirement pursuant to
this system and who subsequently becomes an employee of the city in any capacity shall be ineligible
to participate in this system and shall discontinue receipt of benefits from the system. Pension benefit
payments shall be suspended for the period of any such reemployment, but shall be restored upon the
earlier of termination of employment or such time as the reemployed retiree reaches the date that he
would have been eligible for normal retirement under this system had he continued employment and
not elected early retirement. Retirement pursuant to an early retirement incentive program shall be
deemed early retirement for purposes of this section if the member was permitted to retire prior to the
customary retirement date provided for in the system at the time of retirement.
(d) Reemployment of terminated vested persons. Reemployed terminated vested persons
shall not be subject to the provisions of this section until such time as they begin to actually receive
benefits. Upon receipt of benefits, terminated vested persons shall be treated as normal or early
retirees for purposes of applying the provisions of this section and their status as an early or normal
retiree shall be determined by the date they elect to begin to receive their benefit.
(e) DROP participants. Members or retirees who are or were in the deferred retirement
option plan shall, following termination of employment after DROP participation shall be subject to
the above restrictions.
Sec. 2-286. Deferred retirement option plan.
(a) Definitions. As used in this Section 2-286, the following definitions apply:
(1) "DROP" -- The City of Atlantic Beach General Employees' Retirement System
Deferred Retirement Option Plan.
(2) "DROP Account" -- The account established for each DROP participant under
subsection (c).
(b) Participation.
(1) Eligibility to Participate. In lieu of terminating his employment as a general
employee, any member who is eligible for normal or early retirement under the system
may elect to defer receipt of such service retirement pension and to participate in the
DROP.
(2) Election to Participate. A member's election to participate in the DROP must be made
in writing in a time and manner determined by the board and shall be effective on the
first day of the first calendar month which is at least fifteen (15) business days after it
is received by the board.
(3) Period of Participation. A member who elects to participate in the DROP under
subsection (b)(2), shall participate in the DROP for a period not to exceed sixty (60)
months beginning at the time his election to participate in the DROP first becomes
effective. An election to participate in the DROP shall constitute an irrevocable
election to resign from the service of the City not later than the date provided for in
the previous sentence. A member may participate only once.
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(4) Termination of Participation.
a. A member's participation in the DROP shall cease at the earlier of:
1. the end of his permissible period of participation in the DROP as
determined under subsection (b)(3); or
2. termination of his employment as a general employee.
b. Upon the member's termination of participation in the DROP, pursuant to
subsection a.l. above, all amounts provided for in subsection (c)(2), including
monthly benefits and investment earnings and losses, shall cease to be
transferred from the system to his DROP Account. Any amounts remaining in
his DROP Account shall be paid to him in accordance with the provisions of
subsection (d) when he terminates employment as a general employee.
c. A member who terminates his participation in the DROP under this subsection
(b)(4) shall not be permitted to again become a participant in the DROP.
(5) Effect of DROP Paiticipation on the System.
a. A member's credited service and his accrued benefit under the system shall be
determined on the date his election to participate in the DROP first becomes
effective. For purposes of determining the accrued benefit, the member's
salary for the purposes of calculating his average final compensation shall
include an amount equal to any lump sum payments which would have been
paid to the member and included as salary as defined herein, had the member
retired under normal or early retirement and not elected DROP participation.
Member contributions attributable to any lump sums used in the benefit
calculation and not actually received by the member shall be deducted from
the first payments to the member's DROP Account. The member shall not
accrue any additional credited service or any additional benefits under the
system (except for any additional benefits provided under any cost-of-living
adjustment for retirees in the system) while he is a participant in the DROP.
After a member commences participation, he shall not be permitted to again
contribute to the system nor shall he be eligible for disability or pre-retirement
death benefits, except as provided for in Section 2-285, Reemployment After
Retirement.
b. No amounts shall be paid to a member from the system while the member is a
participant in the DROP. Unless otherwise specified in the system, if a
member's participation in the DROP is terminated other than by terminating
his employment as a general employee, no amounts shall be paid to him from
the system until he terminates his employment as a general employee. Unless
otherwise specified in the system, amounts transferred from the system to the
member's DROP Account shall be paid directly to the member only on the
termination of his employment as a general employee.
(c) Funding.
(1) Establishment of DROP Account. A DROP Account shall be established for each
member participating in the DROP. A member's DROP Account shall consist of
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AGENDA ITEM#7D
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amounts transferred to the DROP under subsection (c)(2), and earnings or losses on
those amounts.
(2) Transfers From Retirement System.
a. As of the first day of each month of a member's period of participation in the
DROP, the monthly retirement benefit he would have received under the
system had he terminated his employment as a general employee and elected
to receive monthly benefit payments thereunder shall be transferred to his
DROP Account, except as otherwise provided for in subsection (b)(4)b. A
member's period of participation in the DROP shall be determined in
accordance with the provisions of subsections (b)(3) and (b)(4), but in no
event shall it continue past the date he terminates his employment as a general
employee.
b. Except as otherwise provided in subsection (b)(4)b., a member's DROP
Account under this subsection (c)(2) shall be debited or credited after each
fiscal year quarter with earnings, determined as follows:
The average daily balance in a member's DROP Account shall be credited or
debited at a rate equal to the net investment return realized by the system for
that quarter. "Net investment return" for the purpose of this paragraph is the
total return of the assets in which the Member's DROP Account is invested by
the board net of brokerage commissions, transaction costs and management
fees.
c. A member's DROP Account shall only be credited or debited with earnings or
losses and monthly benefits while the member is a participant in the DROP.
A member's final DROP account value for distribution to the member upon
termination of participation in the DROP shall be the value of the account at
the end of the quarter immediately preceding termination of participation plus
any monthly periodic additions made to the DROP account subsequent to the
end of the previous quarter and prior to distribution. If a Member fails to
terminate employment after participating in the DROP for the permissible
period of DROP participation, then beginning with the member's first month
of employment following the last month of the permissible period of DROP
participation, the member's DROP Account will no longer be credited or
debited with earnings or losses, nor will monthly benefits be transferred to the
DROP account. All such non-transferred amounts shall be forfeited and
continue to be forfeited while the member is employed by the City. A
member employed by the City after the permissible period of DROP
participation will still not be eligible for pre-retirement death and disability
benefits, and will not accrue additional Credited Service except as provided
for in Section 2-286, Reemployment After Retirement.
(d) Distribution of DROP Accounts on Termination of Employment.
(1) Eligibility for Benefits. A member shall receive the balance in his DROP Account in
accordance with the provisions of this subsection (d) upon his termination of
employment as a general employee. Except as provided in subsection (d)(5), no
amounts shall be paid to a member from the DROP prior to his termination of
employment as a general employee.
(2) Form of Distribution.
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a. Unless the member elects otherwise, distribution of his DROP Account shall
be made in a lump sum, subject to the direct rollover provisions set forth in
subsection (d)(6). Elections under this paragraph shall be in writing and shall
be made in such time or manner as the board shall determine.
b. Notwithstanding the preceding, if a member dies before his benefit is paid, his
DROP Account shall be paid to his beneficiary in such optional form as his
beneficiary may select. If no beneficiary designation is made, the DROP
Account shall be distributed to the member's estate.
(3) Date of Payment ofDistrlbution. Except as otherwise provided in this subsection (d),
distribution of a member's DROP Account shall be made as soon as administratively
practicable following the member's termination of employment. Distribution of the
amount in a member's DROP account will not be made unless the member completes
a written request for distribution and a written election, on forms designated by the
board, to either receive a cash lump sum or a rollover of the lump sum amount.
(4) Proof of Death and Right ofBeneficiary or Other Person. The board may require and
rely upon such proof of death and such evidence of the right of any beneficiary or
other person to receive the value of a deceased member's DROP Account as the board
may deem proper and its determination of the right of that beneficiary or other person
to receive payment shall be conclusive.
(5) Distribution Limitation. Notwithstanding any other provision of subsection (d), all
distributions from the DROP shall conform to the "Minimum Distribution Of Benefits"
provisions as provided for herein.
(6) Direct Rollover of Certain Distributions. This subsection applies to distributions made
on or after January 1, 2002. Notwithstanding any provision of the DROP to the
contrary, a distributee may elect to have any portion of an eligible rollover distribution
paid in a direct rollover as otherwise provided under the System in Section 2-281.
(e) Administration of DROP
(1) Board Administers the DROP The general administration of the DROP, the
responsibility for carrying out the provisions of the DROP and the responsibility of
overseeing the investment of the DROP's assets shall be placed in the board. The
members of the board may appoint from their number such subcommittees with such
powers as they shall determine; may adopt such administrative procedures and
regulations as they deem desirable for the conduct of their affairs; may authorize one
or more of their number or any agent to execute or deliver any instrument or make any
payment on their behalf; may retain counsel, employ agents and provide for such
clerical, accounting, actuarial and consulting services as they may require in carrying
out the provisions of the DROP; and may allocate among themselves or delegate to
other persons all or such portion of their duties under the DROP, other than those
granted to them as trustee under any trust agreement adopted for use in implementing
the DROP, as they, in their sole discretion, shall decide. A trustee shall not vote on
any question relating exclusively to himself.
(2) Individual Accounts, Records and Reports. The board shall maintain records showing
the operation and condition of the DROP, including records showing the individual
balances in each member's DROP Account, and the board shall keep in convenient
form such data as may be necessary for the valuation of the assets and liabilities of the
Ordinance No. 58-13-37 Page 37 of 40
AGENDA ITEM#7D
JUNE 10,20I3
DROP. The board shall prepare and distribute to members participating in the DROP
and other individuals or file with the appropriate governmental agencies, as the case
may be, all necessary descriptions, reports, information returns, and data required to
be distributed or filed for the DROP pursuant to the IRC and any other applicable
laws.
(3) Establishment of Rules. Subject to the limitations of the DROP, the board from time
to time shall establish rules for the administration of the DROP and the transaction of
its business. The Board shall have discretionary authority to construe and interpret the
DROP (including but not limited to determination of an individual's eligibility for
DROP participation, the right and amount of any benefit payable under the DROP and
the date on which any individual ceases to be a participant in the DROP). The
determination of the board as to the interpretation of the DROP or its determination of
any disputed questions shall be conclusive and final to the extent permitted by
applicable law.
(4) Limitation of Liability.
a. The trustees shall not incur any liability individually or on behalf of any other
individuals for any act or failure to act, made in good faith in relation to the
DROP or the funds of the DROP.
b. Neither the board nor any trustee of the board shall be responsible for any
reports furnished by any expert retained or employed by the board, but they
shall be entitled to rely thereon as well as on certificates furnished by an
accountant or an actuary, and on all opinions of counsel. The board shall be
fully protected with respect to any action taken or suffered by it in good faith
in reliance upon such expert, accountant, actuary or counsel, and all actions
taken or suffered in such reliance shall be conclusive upon any person with
any interest in the DROP.
(f) General Provisions.
(1) Amendment of DROP. The DROP may be amended by an ordinance of the City at
any time and from time to time, and retroactively if deemed necessary or appropriate,
to amend in whole or in part any or all of the provisions of the DROP. However,
except as otherwise provided by law, no amendment shall make it possible for any
part of the DROP's funds to be used for, or diverted to, purposes other than for the
exclusive benefit of persons entitled to benefits under the DROP. No amendment
shall be made which has the effect of decreasing the balance of the DROP Account of
any member.
(2) Facility of Payment. If a member or other person entitled to a benefit under the
DROP is unable to care for his affairs because of illness or accident or is a minor, the
board shall direct that any benefit due him shall be made only to a duly appointed
legal representative. Any payment so made shall be a complete discharge of the
liabilities of the DROP for that benefit.
(3) Infoimation. Each member, beneficiary or other person entitled to a benefit, before
any benefit shall be payable to him or on his account under the DROP, shall file with
the Board the information that it shall require to establish his rights and benefits under
the DROP.
(4) Prevention of Escheat. If the board cannot ascertain the whereabouts of any person to
whom a payment is due under the DROP, the Board may, no earlier than three (3)
years from the date such payment is due, mail a notice of such due and owing
Ordinance No. 58-13-37 Page 38 of 40
AGENDA ITEM#7D
JUNE 10,2013
payment to the last known address of such person, as shown on the records of the
board or the City. If such person has not made written claim therefor within three (3)
months of the date of the mailing, the board may, if it so elects and upon receiving
advice from counsel to the system, direct that such payment and all remaining
payments otherwise due such person be canceled on the records of the system. Upon
such cancellation, the system shall have no further liability therefor except that, in the
event such person or his beneficiary later notifies the board of his whereabouts and
requests the payment or payments due to him under the DROP, the amount so applied
shall be paid to him in accordance with the provisions of the DROP.
(5) lfhitten Elections, Notification.
a. Any elections, notifications or designations made by a member pursuant to the
provisions of the DROP shall be made in writing and filed with the board in a
time and manner determined by the board under rules uniformly applicable to
all employees similarly situated. The board reserves the right to change from
time to time the manner for making notifications, elections or designations by
members under the DROP if it determines after due deliberation that such
action is justified in that it improves the administration of the DROP. In the
event of a conflict between the provisions for making an election, notification
or designation set forth in the DROP and such new administrative procedures,
those new administrative procedures shall prevail.
b. Each member or retiree who has a DROP Account shall be responsible for
furnishing the Board with his current address and any subsequent changes in
his address. Any notice required to be given to a member or retiree hereunder
shall be deemed given if directed to him at the last such address given to the
board and mailed by registered or certified United States mail. If any check
mailed by registered or certified United States mail to such address is returned,
mailing of checks, advices and direct deposit of funds will be suspended until
such time as the member or retiree notifies the board of his address.
(6) Benefits Not Guaranteed All benefits payable to a Member from the DROP shall be
paid only from the assets of the member's DROP Account and neither the City nor the
board shall have any duty or liability to furnish the DROP with any funds, securities
or other assets except to the extent required by any applicable law.
Ordinance No. 58-13-37 Page 39 of 40
AGENDA ITEM#7D
JUNE 10,2013
(7) Construction.
a. The DROP shall be construed, regulated and administered under the laws of
Florida, except where other applicable law controls.
b. The titles and headings of the subsections in this Section 2-286 are for
convenience only. In the case of ambiguity or inconsistency, the text rather
than the titles or headings shall control.
(8) Forfeiture of Retirement Benefits. Nothing in this Section shall be construed to
remove DROP participants from the application of any forfeiture provisions applicable
to the system. DROP participants shall be subject to forfeiture of all retirement
benefits, including DROP benefits.
(9) Effect of DROP Participation on Employment. Participation in the DROP is not a
guarantee of employment and DROP participants shall be subject to the same
employment standards and policies that are applicable to employees who are not
DROP participants.
Sec. 2-287 to 2-299. Reserved.
Ordinance No. 58-13-37 Page 40 of 40
AGENDA ITEM#7D
JUNE 10,2013
(9) Effect of DROP Participation on Employment. Participation in the DROP is not a
guarantee of employment and DROP participants shall be subject to the same
employment standards and policies that are applicable to employees who are not DROP
participants.
Sec. 2-287 to 2-299. Reserved.
Ordinance No. 58-13-37 Page 41 of 41
AGENDA ITEM#7E
JUNE 10,2013
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Introduction and first reading of proposed Ordinance No. 90-13-216,
related to application REZ-13-00100048, Atlantic Beach Country Club
Special Planned Area (SPA), submitted by Rogers Towers, P.A. on behalf
of Atlantic Beach Partners, LLC, as authorized by owner of record Selva
Marina Country Club, Inc. Said ordinance seeks to rezone approximately
33.90 acres from Planned Unit Development to Special Planned Area.
The proposed plan of development consists of redevelopment of the
clubhouse and recreational amenities within the City of Atlantic Beach,
while a concurrent application to the City of Jacksonville proposes
redevelopment of the adjacent golf course parcel and the addition of up to
one hundred eighty(180) residential lots.
SUBMITTED BY: Erika Hall
Principal Planner
DATE: May 2, 2013
BACKGROUND: See attached staff report prepared for the Community Development Board
meeting of April 16, 2013.
BUDGET: No budget issues.
RECOMMENDATION: Recommend approval upon first reading of proposed Ordinance No.
90-13-216, enacting Atlantic Beach Country Club Special Planned Area, consistent with the
recommendation of the Community Development Board. (Public Hearing scheduled for regular
City Commission meeting on July 8, 2013).
ATTACHMENTS: Staff report and draft minutes from the April 16, 2013 Community
Development Board meeting, proposed Ordinance 90-13-216, and supporting documents related
to the Atlantic Beach Country Club SPA.
REVIEWED BY CITY MANAGER:
May 28,2013 Commission Briefing
AGENDA ITEM#7E
JUNE 10,2013
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B.
CASE NO REZ-13-00100048
Request to rezone approximately 33.90 acres from Planned Unit Development (PUD)
to Special Planned Area(SPA).
LOCATION 1600 SELVA MARINA DRIVE (SELVA MARINA COUNTRY CLUB)
APPLICANT ATLANTIC BEACH PARTNERS,LLC REPRESENTED BY T R HAINLINE,JR
DATE APRIL 16, 2013
STAFF ERIKA HALL, PRINCIPAL PLANNER
STAFF COMMENTS
Background �.
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The subject property consists of approximately 791 ISI G' y
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33.90 acres located within the City of Atlantic ��°6 19 anti pR 5
Beach, and is currently part of the Selva ` '142/4 1•C' R
Marina Country Club Residential PUD, which is COW LP »T„ w
a cross-jurisdictional PUD adopted by � SPVia'A 6
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Ordinance No. 90-07-202 on September 24, 99
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2007, and amended by Ordinance No. 90-09-
209 on September 14, 2009. The Conceptual a�3YPOR,y � ��'� �TM
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Site Plan of the approved PUD is Exhibit 1. 2709 7MAYPORT i gR
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The current application is the pre-cursor to an 0,0%,�
annexation initiative which would bring the a CRY ,a a,,,ie
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residential development entirely into the UspN. A D.—A--.N�=EL K %r,4
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Atlantic Beach jurisdiction. Compatibility with
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preservation of the natural environment are EDGAR
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significant factors to the residents of Atlantic t,
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as perpetual green space upon the annexation �^ < N BTN
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,LO.
AGENDA ITEM#7E
JUNE 10,2013
The current application seeks the following:
1. Exclusion of the Selva Preserve parcel (172027-0100)from the overall project. (The reversion of this
parcel to its previous zoning classification (RS-1) is dealt with in REZ-13-00100049, which is item 4.C.
on this agenda.)
2. Inclusion of the existing golf course parcel (169399-0000) in the overall project.
3. Reconfiguration of the conceptual site plan, relocating all residential development to the center of
the golf course parcel. The proposed conceptual site plan, highlighted to show current jurisdiction,
is Exhibit 2.
Analysis
As a point of clarification,Special Planned Area (SPA) is a zoning classification that replaced the Planned Unit
Development (PUD) classification within the City of Atlantic Beach several years ago. This was due to the
fact that PUDs require a minimum of ten (10) acres, and there are no longer any such sizeable tracts of land
under unified control, not already part of an existing PUD. There are provisions in the code for amendment
of existing PUDs, but the proposed changes to the Selva Marina Country Club redevelopment substantiate
consideration as a completely new project. Still, as a starting point, it is worthwhile to compare the
previously approved PUD(Ordinance No. 90-09-209)to the proposed plan.
TABLE 1. ORD NO 90-09-209 REZ-13-00100048(PROPOSED)
SITE SUMMARY COMPARISON CoAB CoJ TOTAL CoAB CoJ TOTAL
RESIDENTIAL
Acreage 32.54 8.14 40.68 0.08 34.36 34.44
Units 85* 34* 114* 1** 169** 169**
*5 units partially in CoAB/Col **1 unit partially in CoAB/Col
RECREATION&OPEN SPACE
Golf Course N/A N/A N/A 26.14 91.25 117.39
Clubhouse,Amenities 8.50 0.00 8.50 6.74 0.00 6.74
INFRASTRUCTURE
Vehicular Access NOT SPECIFIED NOT SPECIFIED NOT SPECIFIED 1.37 9.08 10.45
TOTAL 41.04 8.14 49.18 34.33 134.69 169.02
As shown in Table 1 — Site Summary Comparison, and noted in the background information above, the
approved Selva Marina Country Club Residential PUD consisted of about forty-one (41) acres within the City
of Atlantic Beach and eight (8) acres within the City of Jacksonville, for a total project area of slightly more
than forty-nine (49) acres. The approved PUD did not include the acreage currently dedicated to the golf
course. However, that acreage which is within Jacksonville's jurisdiction is now being added and the Selva
Preserve parcel which is within Atlantic Beach is being removed. The adjusted acreage for the new project is
approximately one hundred sixty-nine (169) acres, with a little more than thirty-three (33) acres in Atlantic
Beach, and nearly one hundred thirty-five(135)acres in Jacksonville.
The approved PUD provided for a total of one hundred fourteen (114) dwelling units, with eighty (80)
completely located within Atlantic Beach, twenty-nine (29) completely located within Jacksonville, and five
(5) partially located in each jurisdiction. One hundred sixty-nine (169) dwelling units are depicted on the
Conceptual Site Plan for the new project, though the narrative states a maximum of one hundred eighty
(180) units may be constructed, and of those illustrated, one hundred sixty-eight(168) dwellings are located
completely within Jacksonville,while one(1) is located partially in Atlantic Beach.
Golf course and related accessory uses will be allocated to just over one hundred seventeen (117) acres of
the total project area, while nearly seven (7) acres will be dedicated to the clubhouse facilities and other
Page 2 of 9
AGENDA ITEM#7E
JUNE 10,2013
recreational amenities such as tennis courts,swimming pools,etc. This is just slightly less than the eight and
a half(8.5) acres allocated to the clubhouse and associated amenities in the approved plan. Lastly,just over
ten (10)acres is designated as vehicular access,a use that was not enumerated in the approved PUD.
TABLE 2. ORD NO 90-09409 REZ-13-00100048(PROPOSED)
DEVELOPMENT STANDARDS COMPARISON SF MF CH SF80 SF70 SF60 SF55 SFCY CH
NUMBER OF UNITS 94 20 N/A 169 DU on Conceptual Plan/180 DU max N/A
MIN LOT STDS
Width(FT) 42 N/A NS 80 70 60 55 50 NS
Area(SQ FT) 4,620 N/A NS 8,000 7,000 6,000 5,500 4,000 174,240
MAX IMPERVIOUS SURFACE(%) 65 65 NS 65 65 65 65 65 85
MIN YD REQ
Front(FT) 10 10 NS 15 15 15 15 20 20
Side—Street(FT) 5 15 NS 10 10 10 10 10 10
Side—Interior(FT) 5 15 NS 5 5 5 5 5 10
Rear(FT) 10 10 NS 10 10 10 10 10 10
MAX HT(FT) 35 35 NS 35 35 35 35 35 35
Table 2 — Development Standards Comparison, details the mix of housing types, lot dimensions and
development standards for both the approved PUD and the proposed project. Of the one hundred fourteen
(114) dwelling units provided for in the approved PUD, a maximum of twenty (20) units were anticipated to
be multi-family with the remaining ninety-four(94) being single-family. The overall concept of the approved
PUD was based upon neo-traditional design principles, including narrower lots having a minimum width of
forty-two (42) feet and minimum lot area of four thousand six hundred twenty (4,620) square feet, as well
as reduced building setbacks. Approved front and rear setbacks for both single- and multi-family was ten
(10)feet,while side setbacks for single-family were approved to be five (5)feet;for multi-family,sides were
approved to be ten (10)feet.
The current proposal is for single-family dwellings only, and the minimum lot widths are consistent with
platted lot sizes found throughout Atlantic Beach, ranging from fifty (50) feet to eighty (80) feet. Likewise,
lot types—with the exception of the"courtyard" lots that are four thousand (4,000)square feet in area—are
consistent with platted lots sizes found throughout Atlantic Beach, ranging from five thousand five hundred
(5,500)square feet to eight thousand (8,000)square feet. A total of three (3)courtyards are depicted on the
submitted site plan,for a total of twelve(12)of these more compact lots.
The proposed plan includes an increase in required front yard setbacks,from the approved ten (10)feet to a
proposed fifteen (15) feet, while the required rear yard setback remains ten (10) feet and the required
interior side yard setback remains five (5) feet. Street side yard setbacks have been revised, from the
approved five(5)feet to a proposed ten (10)feet,which is consistent with current Atlantic Beach provisions.
The maximum impervious surface allowable on individual lots is maintained at sixty-five (65) percent,which
is greater than the typical Atlantic Beach residential standard of fifty(50) percent. However,the justification
for both the increased impervious surface area on individual lots and the reduced building setbacks is the
fact that the majority of acreage within the project is dedicated to open space and recreation. Similarly,the
maximum impervious surface area allowed for the clubhouse and recreational amenities, for which
specifications were not previously given in the approved PUD, is eighty-five (85) percent. Lastly, maximum
building height is thirty-five (35) feet, which is consistent with development standards throughout the City
of Atlantic Beach.
Staff has reviewed the proposal in light of the goals, objectives and policies of the Comprehensive Plan,
finding that it supports the following:
Page 3 of 9
AGENDA ITEM#7E
JUNE 10,2013
FUTURE LAND USE ELEMENT
* 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; and, 3) preserves and enhances coastal, environmental, natural, historic and cultural
resources.
• Objection A.1.3 —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... and, 3) provides for varied and diverse recreational
opportunities.
✓ 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.
• Objective A.1.4—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.
• Objective A.1.5—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.1.5.5 — 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.
RECREATION AND OPEN SPACE ELEMENT
* Goal E.1 — The City shall maintain sufficient parks, recreation facilities and open space so as to
provide the citizens with a wide variety of leisure time activities in order that the City continues to
be a healthy,desirable and attractive community in which to live.
• Objective E.1.1—The City shall inventory at least once every five years, public and private
recreation resources to identify service inadequacies and opportunities for sharing of
facilities and programs so as to provide safe, convenient access for all residents to beaches,
Page 4 of 9
AGENDA ITEM#7E
JUNE 10,2013
parks and other recreation facilities in accordance with Level of Service standards set for
within this plan amendment.
✓ Policy E.1.1.4 — The City shall continue to support efforts of other government
agencies and shall offer cooperation to achieve level of service standards for
regional recreation and open space facilities as set forth within this plan
amendment.
✓ Policy E.1.1.5—The City shall maintain the existing recreation facilities, as identified
in Table E-2, or similar facilities so as to continue to meet or exceed the Level of
Service standards as set forth within this plan amendment.
✓ Policy E.1.1.10—As of the date of this plan amendment, the City has exceeded the
adopted Level of Service standards for recreation facilities and open space area.
The adopted Level of Service, as set forth within Table E-1, shall be maintained as
minimum standards.
• Objective E.1.2—The City shall continue to provide varied and diverse recreation activities
to the community, and shall coordinate with public agencies, private organizations and
individuals, as well as adjacent local governments to supplement efforts and resources of
the City.
TABLE E-1
Recreation and Open Space Level of Service Standards
City of Atlantic Beach,2010-2020
TYPE OF FACILITY LEVEL OF SERVICE STANDARD
Playground(with equipment) 1 playground per 2,500 population
Baseball or Softball Field 1 field per 2,500 population
Soccer or Football Field 1 field per 5,000 population
Basketball Court 1 court per 2,500 population
Tennis Court 1 court per 2,500 population
Running/Hiking Trail 1 trail per 10,000 population
Community Center 1 center per 1Q000 population
Beach Access 1 access per 2,500 population
Passive Park/Scenic Open Space 5 acres per 1,000 population
Golf Course*(Public or Private) 1 18-hole course per 25,000 population
Regional Park/Open Space* 5 acres per 1,000 population
*Regional facilities are defined as those, which may not be located within the City of Atlantic
Beach,but are in such close proximity so as to directly serve the daily recreational needs of the
residents of the City of Atlantic Beach,such as Kathryn Abby Hanna Park and area golf courses.
FACILITY 2005 INVENTORY 2010 INVENTORY
Playground 5 7
Baseball or Softball Field 5 4
Soccer or Football Field 3 4
Basketball Court 5 5 full/4 half
Racquetball/Handball Court 2 2
Volleyball Court 2 0
Tennis Court 5 9
Running/Hiking Trail 1 5
Community Center 1 3
Beach Access 21 21
Passive Park/Open Space 412 acres 412
Regional Park/Open Space 450 acres 450
Skate Park 0 1 _
Golf Course 1 1
Page 5of9
AGENDA ITEM#7E
JUNE 10,2013
INTERGOVERNMENTAL COORDINATION ELEMENT
* Goal G.1 — The City shall coordinate and cooperate with adjacent jurisdictions, other public and
governmental agencies to ensure: 1) 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.
Further, staff finds the proposed plan to be generally consistent with the definition, purpose and intent of
the Special Planned Area zoning district,as follows:
* Section 24-116 — The purpose of the special planned area district is to create a mechanism to
establish a plan of development or redevelopment for a site where the property owner and the
community's interests cannot be best served by the provisions of the conventional zoning districts,
and where assurances and commitments are necessary to protect the interests of both the property
owner and the public, and also the unique qualities of the City of Atlantic Beach which are expressed
through this chapter and the comprehensive plan.
The intent of this section is to provide an appropriate zoning district classification for new
development and redevelopment where specific development standards and conditions will be
established within the enacting ordinance. The quality of design and site planning are the primary
objectives of the SPA district.
*- Section 24-117— For the purpose of this chapter, special planned area shall mean a zoning district
classification that provides for the development of land under unified control which is planned and
developed as a whole in a single or programmed series of operations with uses and structures
substantially related to the character of the entire development. A special planned area shall also
include a commitment for the provision, maintenance and operation of all areas, improvements,
facilities,and necessary services for the common use of all occupants or patrons thereof.
At this time, staff has identified the following areas of concern, and encourages the Board to make a
recommendation subject to the applicant's address of these issues:
EXHIBIT D—WRITTEN NARRATIVE OF PLAN OF DEVELOPMENT
* SECTION III-A. Permitted Uses: Development Criteria
• 1.d.—The applicant proposes that the "courtyard" lots, as described further in Section III-A-
9, may be used for daily/overnight rentals. Within the City of Atlantic Beach, short term
rentals— being anything less than ninety (90) days— are expressly prohibited in residential
zoning districts. Staff would recommend careful consideration as to whether or not short
term rentals should be allowed. If the Board is inclined to recommend short term rentals be
allowed within the"courtyard" lots,staff would suggest establishing the following:
✓ Maximum number of"courtyard" lots to be developed. Three (3) courtyards, for a
total of twelve(12) units are shown on the submitted site plan.
✓ Maximum number of guests per unit.
✓ Minimum stay.
• 11. — The applicant proposes that "spires, cupolas, steeples, chimneys and other
appurtenances not intended for human occupancy may be placed above the maximum
heights provided herein". Within the City of Atlantic Beach, height of building is defined as
the vertical distance from the applicable beginning point of measurement to the highest
point of a building's roof structure or parapet, and any attachments thereto, exclusive of
chimneys only within the residential zoning districts. Staff would suggest revision of this
Page 6 of 9
AGENDA ITEM#7E
JUNE 10,2013
paragraph to conform with the provisions of the Atlantic Beach land development
regulations.
* SECTION III-B. Clubhouse/Recreational Amenities
• Activities held at the clubhouse and recreational amenities will potentially have impact on
adjacent residential properties, and the applicant has shown certain consideration by
providing for vegetative buffers and directional lighting. However, staff also suggests
inclusion of the following:
✓ Hours of operation for normal activities.
✓ Hours of operation for special activities involving additional lighting and public
address systems and/or amplified music.
* SECTION III-D. Accessory Uses and Structures.
• 1.a. —The applicant proposes detached accessory structures with a bonus room above be
required to have a minimum five (5) foot rear and side yard setback, and detached
accessory structures without a bonus room above be required to have a minimum three (3)
foot rear and side yard setback. Staff suggests revision of this paragraph such that all
detached accessory structures have a minimum five(5)foot rear and side yard setback.
• 3. —The applicant proposes land clearing and processing be considered an accessory use.
Staff recognizes that extensive maintenance of trees and landscaping is required in order to
support the function of the golf course and recreational amenities. However, staff suggests
that any land clearing activities that involves the removal of trees greater than three (3)
inches in diameter should require submittal of a current tree survey and a work plan to the
City of Atlantic Beach for review prior to the commencement of such activities.
* SECTION III-E. Access
• 4.—The applicant has provided here, and also in SECTION II-G,that pedestrian and vehicular
access at Dutton Island Road East "may" be secured inside the property to limit access to
residents of the development and commercial traffic to/from the golf course,clubhouse and
recreational amenities. Staff reminds the Board this was one of the major issues of the
previous proposals, and the approved PUD expressly states that "permanent access and
internal roadways shall be designed, developed and maintained such that [the
development] cannot be used as a 'cut-through' route from Selva Marina Drive to Mayport
Road". [Item M(b), page 9, Exhibit B, Ordinance 90-07-202]. Staff strongly suggests revision
of all occurrences of this statement to reflect that this"shall" be secured access.
* SECTION III-F. Signage
• 7. —The applicant has included a provision to allow an unlimited number of banners, each
not exceeding fifty(50) square feet in area, to promote special seasonal,civic or community
events, and to allow"festival banners" be placed on street light poles. Section 17-33 of the
Atlantic Beach Municipal Code of Ordinances regulates the use of banners, requiring that
they be registered with the city, generally limiting them to thirty (30) consecutive or
cumulative days within one calendar year and prohibiting them from containing an
advertising message and from hanging over or extending into rights-of-way. Staff suggests
that the Board may wish to require the incorporation of the following conditions on the use
of banners:
✓ Limitation on the number of events and/or number of cumulative days that event
banners may be displayed.
✓ Requirement that banners shall only be visible internally to the development.
Page 7 of 9
AGENDA ITEM#7E
JUNE 10,2013
* SECTION III-H. Landscaping and Tree Protection
■ The applicant proposes that the golf course parcel, including all subsequent residential lots,
be subject to the City of Jacksonville landscape and tree protection regulations. However,
the City of Jacksonville minimum tree standards for residential lots are much less stringent
than those for the City of Atlantic Beach. Jacksonville requires one (1)four-inch caliper tree
per five thousand (5,000) square feet of lot area, whereas Atlantic Beach requires one (1)
four-inch caliper tree per two thousand five hundred (2,500) square feet of lot area. Staff
recommends that all tree removal and landscaping be done in accordance with Atlantic
Beach provisions, rather than applying Jacksonville standards to the golf course and
residential parcels. Doing so supports the intent to maintain consistency and compatibility
with existing residential development adjacent to the golf course, as well any future
designation of the golf course as a perpetual green space.
EXHIBIT H—TRAFFIC STUDY FOR PLANNED ATLANTIC BEACH COUNTRY CLUB
* The traffic study prepared by Transportation Planners Enterprise, Inc, dated March 19, 2013 and
submitted as a supporting Exhibit H to the application, focuses on two intersections only—Mayport
Road / Dutton Island Road East and Seminole Road / Selva Marina Drive. Staff believes the
submitted study is faulty for three reasons: (1) It assumes that all residential traffic will utilize
Dutton Island Road for ingress/egress and therefore does not anticipate impacts (from residential
units) to Selva Marina Drive and Seminole Road; (2) in turn, it does not anticipate impacts to the
intersection of Seminole Road/ Plaza/Sherry Drive, locally known as"Five Way"; and (3) the study
only analyzes the PM rush hour, while staff considers a significant impact will be on the AM
movement through the Five Way intersection. Staff would recommend that a revised traffic study
taking these factors into account be submitted prior to scheduling this application for public hearing
before the City Commission.
REQUIRED ACTION
The Community Development Board may consider a motion to recommend approval of the Atlantic Beach
Country Club SPA(Application REZ-13-00100048)to the City Commission, a rezoning to Special Planned Area
for lands described within said application, approving the site development plan and adopting the
application and supporting documents, and all terms and conditions as set forth therein, subject to
conditions enumerated,and provided the following,or similar,findings of fact:
(1) The request for rezoning has been fully considered after public hearing with legal notice
duly published as required by law.
(2) The rezoning to Special Planned Area is consistent with the Comprehensive Plan and the
Future Land Use Designation of Residential, Low Density.
(3) The rezoning is consistent with the Land Development Regulations, specifically Division 6,
establishing standards for Special Planned Areas.
(4) The rezoning and the site development plan are consistent with the stated definition, intent
and purpose of Special Planned Areas.
(5) The zoning district classification of Special Planned Area, and the specific uses and special
conditions as set forth herein, are consistent and compatible with surrounding
development.
The Community Development Board may consider a motion to recommend denial of the Atlantic Beach
Country Club SPA (Application REZ-13-00100048) to the City Commission, a rezoning to Special Planned
Area for lands described within said application, provided the following,or similar,findings of fact:
Page 8 of 9
AGENDA ITEM#7E
JUNE 10,2013
(1) The rezoning to Special Planned Area is not consistent with the Comprehensive Plan and the
Future Land Use Designation of Residential Low Density because
(2) The rezoning is not consistent with the Land Development Regulations, specifically Division
6, establishing standards for Special Planned Areas because
(3) The zoning district classification of Special Planned Area and the specific uses and special
conditions as set forth herein are not consistent or compatible with surrounding
development because
ATTACHMENTS
• Exhibit 1. The Cove&Selva Preserve Conceptual Site Plan
• Exhibit 2. Atlantic Beach Country Club Conceptual Site Plan
Page 9 of 9
AGENDA ITEM#7E
JUNE 10,2013
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Draft Minutes of the April 16,2013 regular meeting of the Community Development Board AGENDA ITEM#7E
JiJNE 10,2013 Z i tY t
5
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
April 16, 2013
1. CALL TO ORDER.-6:07pm
Chair Brea Paul verified the presence of a quorum with the.,attendance of Jason Burgess,
Kelly Elmore, Kirk Hansen, Brea Paul, and Patrick Stratton.' ;The meeting was called to
order at 6:07pm. Also present were NS Mayport Liaison and ex-officio board member
Matt Schellhorn, Principal Planner Erika:Hall, and Building and Zoning Director Michael
Griffin. Board members Harley Parkes and Sylvia Simmons were absent.
2. ADOPTION OF MEETING MINUTES-MARCH 19;2013.
Ms. Paul called for a motion to °approve the minutes of the March 19, 2013 regular
meeting. Mr. Hansen moved that,minutes be approved as written. Mr. Elmore seconded
the motion and it carried by a vote-,of 5-0
3. OLD BUSINESS.None.
4. NEW BUSINESS
A. ZVAR-13-00100047,42 East Coast Drive..(Shoppes of Lakeside,Inc)
Request for variance from`Section 24 161(f)(3), to allow non-residential off-street
parking that backs into a public right-of-Way.
Staff Ms. Hall explained that the applicant is proposing to construct a
Report two-story structure, with the first floor dedicated to parking and
the second floor dedicated to a seven thousand eight hundred ten
81
((7, 0) square foot restaurant space, including three thousand
two hundred forty (3,240) square foot air-conditioned space, a two
;:thousand nine hundred seventy (2,970) square foot open-air dining
deck and a one thousand six hundred (1,600) square foot open-air
dining deck. The submitted conceptual plan shows a total of one-
hundred fifty-six (156) seats, and per Section 24-161(h)(15),
required off-street parking for restaurants and bars is one (1) space
for each four (4) seats, including any outdoor seating where service
occurs. Thus, a minimum of thirty-nine (39) off-street spaces
would be required to accommodate the proposed seating. Forty-
four (44) off-street parking spaces were shown on the submitted
parking level plan, with a total of fourteen (14) accessed directly
from, and requiring backing into the Ahern Street public right-of-
Page 1 of 17
AGENDA ITEM#7E
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013
way, which Ms. Hall said was contrary to the provisions of Section
24-161(f)(3) which prohibits off-street parking for all uses other
than single- and two-family residential backing into public rights-
of-way.
Ms. Hall reviewed Section 24-64(d), grounds of approval for a
variance, stating that neither (1) exceptional topographic
conditions (5) irregular shape of the property or (6) substandard
size of a lot of record, were applicable. She then focused on the
applicant's statements regarding the applicability of provisions (2),
(3) and (4).
The applicant had asserted that Section24-64(d)(2) — surrounding
conditions or circumstances impacting the property disparately
from nearby properties — was applicable , because there are
seventy-five (75) existing spaces serving surrounding properties
that are allowed to back onto Ahern Street. Ms. Hall confirmed
there are twenty-seven (27) spaces serving the commercial uses at
Shoppes of North Shore, located directly west of the subject
property, which do :back onto Ahern Street. However, that
development was constructed in 1990/91, and the parking plan
was approved as part of a use-by-exception on June 26, 1989, and
later amended on February 26, 1990, more than 27 years prior to
the adoption of Ordinance No. 90-07-200 on July 9, 2007, which
the provisions of Section 24-161(f)(3). The remaining
(42) spaces with "direct access" to Ahern street serve
residential uses that are either single- or two-family, and thus are
='.exempt from the provisions of Section 24-161(f)(3), or are multi-
family or condo units that were approved and in process and/or
constructed prior to the adoption of Ordinance No. 90-07-200 in
2007.
Ms Hall reminded the Board that per Section 24-64(b)(4), the
nonconforming use of adjacent or neighboring lands, structures or
buildings shall not be considered as justification for the approval of
a variance.
The applicant also claimed Section 24-64(d)(3) — exceptional
circumstances preventing the reasonable use of the property as
compared to other properties in the area — was applicable, but
failed to explain how. Ms. Hall noted the proposed use was
entirely consistent with the permitted uses allowed within the
Central Business District, but she explained that the submitted
conceptual plan exceeded the development capacity of the site.
Page 2 of 17
AGENDA ITEM#7E
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013
Ms. Hall suggested that the property can still be developed to its
best and highest use, while respecting the capacity of the site, by
(1) reducing the structure size and seating capacity to the
minimum required to obtain a Series 4-COP SRX alcoholic beverage
license, being two thousand five hundred (2,500) square feet in
area and one hundred fifty (150) seats, thereby reducing the
required off-street parking to thirty-eight (38) spaces; and (2)
reconfiguring parking level design so that vehicular circulation is
maintained on the subject property, thus eliminating the need to
back into the Ahern Street . right-of-way. She projected an
alternative parking plan to demonstrate that this could be
accomplished.
Finally, the applicant claimed that Section 24-64(d)(4) — onerous
effect of regulations enacted after plattingor`'after development of
the property or after construction of improvements upon the
property - was applicable. Ms Hall agreed the current provisions
of Section 24-161(f)(3) were adopted after the applicant's purchase
of the subject property in 2000. However, she noted that the
applicant had previously submitted an application for a concurrent
rezone and use-by-exception on the.,subject property just one
month after adoption of Ordinance 90=07-200. At that time, and as
noted in the official minutes of the August 21, 2007 Community
Development Board meeting, the applicant acknowledged the new
regulation and committed to complying with it. She said
the current Board;should have the same expectation that the same
client would work within the same regulations today.
Ms. Hall then reviewed applicable provisions of Section 24-64-(c) —
grounds for denial of a variance —which state no variance shall be
granted if the Community Development Board, in its discretion,
determines that the granting of the requested variance shall have
materially adverse impact upon (2) congestion of streets, or (3)
public safety, including traffic safety, risk of fire, flood, crime or
other threats to public safety. She then read the Public Safety
review comments submitted by Police Chief Michael Classey:
"We have reviewed the request for the variance referenced above.
As you know, Sec 24-161(f)(3) specifically prohibits constructing
parking spaces which require drivers to back up into the public
right-of-way. The applicant characterizes Ahern Street as more of a
"service alley". While a vehicle volume study was not able to be
completed due to the very short turnaround time of the
evaluation, the police department does not concur with this
Page 3 of 17
AGENDA ITEM#7E
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013
description. While not to the level of a thru street such as
Seminole or Sherry, Ahern Street is a heavily traveled roadway. It is
used for much more than accessing the existing parking spaces as
the applicant contends and serves as a cut thru between Sherry,
East Coast, Ocean and Beach. Any parking plan that would cause
vehicles to back out into the roadway would create an unnecessary
hazard that could not be supported from a public safety
standpoint."
Ms. Hall concluded, reminding<<tte Board that also according to
Section 24-64(c), variances shall not be granted solely for personal
comfort or convenience, for relief from financial circumstances or
for relief from situations%created by the property owner.
Applicant Richard Trendel, Petra Management, Inc (2440 Mayport Road)
Comment spoke on behalf of the applicant and reiterated the applicant's
claim that the parking proposed to back onto Ahern Street was
consistent existing parking serving other properties which abut
Ahern Street
Public No one from the audience came forth to give comment on the
Comment request.
Board Mr. Elmore stated that while he would love to see something
Discussion ,developed on the site;,which had long been an eyesore, he could
not support' this variance request. He disagreed with the
characterization of.Ahern as a service alley, and he complimented
staff for illustrating that parking requirements could be sufficiently
Met on- lie and without backing into the public right-of-way.
MK Stratton agreed, noting that the alternative plan drawn by staff
would not require a variance.
Mr Hansen added that the subject property requires a higher
degree of compliance with the regulations due to the fact that it is
a corner property. Visibility, and thus safety, is further impaired by
the jog in Ahern Street.
Motion Mr. Hansen moved that the Community Development Board deny
ZVAR-13-00100047, a request for variance from Section 24-
161(f)(3), to allow required non-residential off-street parking that
backs into a public right-of-way, finding that there are no
surrounding conditions or circumstances impacting the property
disparately from nearby properties, but that certain other
properties were developed before the adoption of Ordinance No.
Page 4 of 17
AGENDA ITEM#7E
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013
90-07-200 and in accordance with an approved use-by-exception,
or they are exempt from the provisions of Section 24-161(f)(3) due
to the nonresidential nature of their use; finding that there are no
exceptional circumstances preventing the reasonable use of the
property as compared to other properties in the area, but that the
applicant's proposal exceeds the physical capacity of the property
and there exists alternative design scenarios that would be in
accordance with the requirements of Section 24-161(f)(3); finding
that though regulation has been enacted after the platting of the
property, it does not have an onerous effect on the future
development of the property, because it has been demonstrated
that the property can be developed to its highest and best use
while meeting the requirements of Section 24-161(f)(3); and,
finding that proposal would have a materially adverse effect on
public safety by creating traffic hazards impacting both motorized
and pedestrian traffic. Mr. Elmore seconded the motion and it
passed unanimously, 5-0,
B. REZ-13-00100048, 1600 Selva Marina Drive (Atlantic Beach Partners,LLC)
Request to rezone approximately 3390 acres from Planned Unit Development(PUD)
to Special Planned Area (SPA). The subject property is currently used as a golf
course and country club. The proposed project is the redevelopment of the Selva
Marina Country Club facilities, including the clubhouse and recreational amenities,
which may include a pool, cabana/clubhouse, pro shop(s), health/exercise facility,
offices, tennis Court(s)and/or field(s),parking,storage,and similar facilities.
Staff Mr. Elmore disclosed that he is the landscape architect of record
Report for this project, and having a financial interest, he stated he would
abstain from debate and vote on this matter, though he would be
happy to answer any questions that the Board might have.
Mr.,Hansen disclosed that he is on the Board of Directors of the
Selva. Marina Country Club and that he has also served on an
advisory committee investigating redevelopment options for the
property. However, because he does not have a financial interest
in the project, he stated he would participate in the debate and
vote.
Ms. Hall summarized the applicant's request as being a
modification of an existing PUD, and explained that identical
documents have been concurrently filed with the City of
Jacksonville seeking the following changes: (1) Exclusion of the
Selva Preserve parcel (RE# 172027-0100, located within the City of
Atlantic Beach) from the overall project; (2) Inclusion of the
existing Selva Marina Country Club golf course parcel (RE# 169399-
Page 5 of 17
AGENDA ITEM#7E
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013
0000, located within the City of Jacksonville) in the overall project;
and (3) reconfiguration of the conceptual site plan, relocating all
residential development to the center of the golf course parcel.
She stated that the current application is the pre-cursor to an
annexation initiative which would bring the golf course property
and the proposed residential development entirely into the
Atlantic Beach jurisdiction. As such, compatibility with established
development patterns and preservation of the natural
environment are significant factors to the residents of Atlantic
Beach, and there applicant has indicated that there will be a deed
restriction recorded that would , designate the remaining
undeveloped golf course property as perpetual green space upon
the annexation of that property into Atlantic Beach.
She then explained that the proposed modification was consistent
with and a number of goals, objectives and policies of
the adopted Comprehensive Plan, including the Future Land Use
Element, the Recreation and Open Space Element, and the
Intergovernmental Coordination Element.
Ms. Hall projected a table entitled "Site Summary Comparison" and
reviewed the acreage allocation in the approved Selva Marina
Country Club (SMCC) Residential PUD as well as the proposed
Atlantic Beach Country Club (ABCC) SPA/PUD. She noted the
approved SMCC Residential PUD consisted of a total of about forty-
nine
nine:(49) acres and one hundred fourteen (114) dwelling units,
the proposed ABCC SPA/PUD consists of about one hundred
sixty-nine (169) acres and a maximum of one hundred eighty (180)
units. Thus the effective density of the project will be
reduced from two and three-tenths (2.3) dwelling units per acre to
one and one-tenth (1.1) dwelling units per acre.
Ms. `Hall then projected a table entitled "Development Standards
Comparison" and reviewed the approved and proposed housing
mix, as well as minimum lot standards, yard requirements,
maximum height and impervious surface standards. She noted the
approved SMCC Residential PUD consists of a mix of single and
multi-family units in a compact Neo-Traditional arrangement,
whereas the proposed modification consists only of single-family
dwellings in an arrangement more characteristic of a suburban
subdivision. She stated the lot development standards are
generally consistent with the those required by Atlantic Beach
single-family zoning districts, with the main differences being a
Page 6 of 17
AGENDA ITEM#7E
JUNE 10,2013
Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board
slight reduction in front yard setbacks, from twenty (20) feet to
fifteen (15) feet and rear yard setbacks, from twenty (20) feet to
ten (10) feet, as well as a maximum impervious surface area of
sixty-five (65) percent as opposed to Atlantic Beach's current fifty
(50) percent. However, she explained these were acceptable
deviations from Atlantic Beach standards due to the fact that the
entire residential development would be surrounded by over one
hundred seventeen (117) acres of golf course that would most
likely be preserved with a deed restriction or conservation
easement.
Ms. Hall then explained staff had collectively identified a number
of areas of concern described in her original staff report to the
Board. She said the applicant had met with staff and offered a
number of concessions based upon those discussions, in the form
of a revised narrative Exhibit p), submitted to staff early this day
and provided to the Board tonight in the form of a strike-
through/underline draft. She then addressed each of these
concerns and how the applicant`;was addressing each.
• SECTION III A.1.d: USE':,OF COURTYARD LOTS FOR
DAILY/OVERNIGHT;RENTALS Within the City of Atlantic
Beach, short term rentals — being anything less than
ninety(90) days —are expressly prohibited in residential
fining districts. Staff had recommended establishing a
maximum number of such Courtyard Lots that could be
used for short term rentals, as well as the maximum
:r. number of guests to be allowed per unit and the
minimum stay. The applicant added language stating
that (1) the maximum number of Courtyard Lots to be
used for daily/overnight rental would be four (4) units
located within the same courtyard lot configuration; (2)
all such units shall be owned by the same entity, which
shall be the owner/operator of a hospitality business,
such as hotel(s) or resort(s), and shall be managed by an
entity with offices in Duval County; and (3) all such
units shall be subject to restrictive covenants, including
a provision such that if ownership passes from a
hospitality business to an individual, daily/overnight
rentals shall no longer be a permitted use.
• SECTION III.A.11: "SPIRES, CUPOLAS, STEEPLES,
CHIMNEYS AND OTHER APPURTENANCES NOT
INTENDED FOR HUMAN OCCUPANCY MAY BE PLACED
Page 7 of 17
AGENDA ITEM#7E
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013
ABOVE THE MAXIMUM HEIGHTS". Within the City of
Atlantic Beach, height is defined as the vertical distance
from the applicable beginning point of measurement to
the highest point of a building's roof structure or
parapet, and any attachments thereto, exclusive of
chimneys only within the residential zoning districts.
Ms. Hall reminded the Board that this provision is
included in the City ,Charter and is non-waiverable
within residential zoning districts, though there is a
provision for waiver to height, for inclusion of non-
habitable architectural;.,features on structures within
non-residential zoning districts, and the applicant could
seek such a;Waiver for structures on the non-residential
clubhouse`'parcel. As such, the:,applicant revised this
section:to;conform to provisions of,Article XIV, Section
59 of the Charter ofthe City of Atlantic Beach and the
definition of ":height" as provided in Chapter 24 (Land
Development Regulations).
• SEC:TION III=B; IMPACT.'.OF CLUBHOUSE/RECREATIONAL
AMENITIES ACTIVITIES ON°_ADJACENT PROPERTIES. Ms.
Hall said
that while :staff `recognizes the applicant has
shown:;consideration for adjacent residential properties
with th'e inclusion of vegetative buffers, directional
lighting and lighting timers, there is still concern as to
tie impact activities held in conjunction with the
clubhouse ;and recreational amenities will potentially
have on the surrounding neighborhoods. As such, staff
suggested that perhaps hours be established both for
normal (daily) operations and for special activities
involving additional lighting and public address systems
and/or amplified music. The applicant replied that the
property already functions as a golf and country club,
and there is no anticipated change in the hours of
operation. As noted, vegetative buffers, directional
lighting and lighting timers will be regularly utilized to
temper impact upon adjacent residential properties.
Further there will be immediate compliance with any
code enforcement directives regarding complaints
received.
• SECTION III-D.1.a — DETACHED ACCESSORY STRUCTURES
— SPECIFICALLY THOSE WITHOUT A BONUS ROOM
ABOVE — MAY BE LOCATED IN A REAR OR SIDE YARD
Page 8 of 17
AGENDA ITEM#7E
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013
THREE (3) FEET FROM A LOT LINE. Ms. Hall noted that
although most lots within the proposed development
back up to the golf course, there are a number of lots
which abut other lots. Within the City of Atlantic
Beach, all detached accessory structures thirty (30)
inches or greater in height are required to comply with
a minimum five (5) foot rear and side yard setback.
Staff recommended compliance with this provision.
The applicant revised "this section to comply with
Atlantic Beach standards.
• SECTION III-D.1= LAND:CLEARING IS PROPOSED AS AN
ACCESSORY USE. Ms. Halle reported that staff had had
an extensive discussion with `the applicant regarding
tree removal and land clearing related to
redevelopment of the:'property versus that which would
be considered normal maintenance essential to the
operation of the golf course and recreational amenities.
This provision remains as originally written, such that,
for maintenance purposes of the facilities, land clearing
remains an accessory use, subject to applicable fire
codesand other landdevelopment regulations.
• ...r SECTION III-E.4— PEDESTRIAN AND VEHICULAR TRAFFIC
ACCESS AT DUTTON ISLAND ROAD EAST "MAY" BE
SECURED INSIDE THE PROPERTY TO LIMIT ACCESS TO
RESIDENTS. OF THE DEVELOPMENT AND COMMERCIAL
TRAFFIC C`TO/FROM THE GOLF COURSE, CLUBHOUSE
AND RECREATIONAL AMENITIES. Ms. Hall noted that
tte"`securing of Dutton Island Road East access had been
a major issue in previous proposals and the approved
Selva Marina Country Club Residential PUD expressly
states that "permanent access and internal roadways
shall be designed, developed and maintained such that
the development cannot be used as a 'cut-through'
route from Selva Marina Drive to Mayport Road". She
said she had spoken with the applicant who concurred
this provision was supposed to read "shall", and it was
revised accordingly.
• SECTION III-F.7 — AN UNLIMITED NUMBER OF BANNER
SIGNS NOT TO EXCEED FIFTY (50) SQUARE FEET IN AREA
TO PROMOTE SEASONAL, CIVIC, OR COMMUNITY
EVENTS THAT OCCUR ON A TEMPORARY BASIS, AS WELL
Page 9 of 17
AGENDA ITEM#7E
JUNE 10,2013
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board
AS FESTIVAL BANNERS PLACED ON STREET LIGHT POLES,
ARE PERMITTED. Within the City of Atlantic Beach,
banners must be registered with the City. Each
establishment or organization is limited to thirty (30)
consecutive or cumulative days per calendar year, and
the banner may neither contain an advertising message
nor hang over or extend into rights-of-way. Staff
recommended the prohibition of banners on public
property, including the placement of festival banners on
street light poles located within the public right-of-way,
as well as a limitation on the number of events and/or
cumulative days"that event banners may be displayed,
and a requirement that banners shall only be visible
internally` to the development =..The applicant agreed
that banners would be permitted°pursuant to Section
17-33 and revised this:section accordingly.
• SECTION III-H - PROPERTIES WITHIN THE JURISDICTION
OF THE,e CITY OF; :JACKSONVILLE (GOLF COURSE,
RESIDENCES) SHALL BE-::SUBJECT TO COJ LANDSCAPING
AND•. TREE ;:PROTECTION, REGULATIONS, WHILE
PROPERTIES LOCATED WITHIN THE JURISDICTION OF
THE CITY OF ATLANTIC BEACH (CLUBHOUSE,
RECREATIONAL AMENITIES) SHALL BE SUBJECT TO COAB
LANDSCAPING AND TREE PROTECTION REGULATIONS.
Ms Hall said.staff had several concerns related to this
provision First, there was the concern that the land
within Jacksonville would be cleared according to COJ
regulations, and there would be a monetary payment to
COJ rather than replanting of trees to meet mitigation
requirements. Second, there was concern that due to
COJ's less stringent minimum tree standards — being
one (1) tree per five thousand (5,000) square feet of lot
area — as opposed to Atlantic Beach standards — being
one (1) tree per two thousand five hundred (2,500)
square feet of lot area — the new development would
have a residential tree canopy significantly different
from adjacent neighborhoods. According to the
applicant, the main reason to apply the COJ standards
for tree removal from the golf course and residential
area was to reduce the burden of mitigation that would
be associated with the many pine trees located on the
property. However, the applicant expressed a
commitment to meeting the Atlantic Beach minimum
Page 10 of 17
AGENDA ITEM#7E
Dr aft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013
tree standards for residential properties. Ms. Hall
reported that after a lengthy discussion, a compromise
was reached in which it was confirmed that all tree
removal, land clearing and landscaping would be
reviewed and permitted through the City of Atlantic
Beach, though the staff would apply the COJ standards
for tree removal on the golf course/residential parcel.
The language of this clarified to reflect this.
• EXHIBIT H – TRAFFIC:.STUDY FOR PLANNED ATLANTIC
BEACH COUNTRY CLUB. Ms. Hall said the original traffic
study prepared by Transportation Planners Enterprise,
Inc, dated March 19, 2013, focused on two intersections
only m-ayport Road/Dutton Island Road East and
Seminole Road/Selva Marina Drive. Staff found this
study to be faulty for three reasons: (1) It assumed all
residential traffic would utilize Dutton Island Road for
Ingress/egress and therefore did not anticipate impacts
(from .:residential units) to Selva Marina Drive and
Seminole Road; (2) It did not anticipate impacts to the
intersection of Seminole Road/Plaza/Sherry Drive,
locally. known as ``Fve Way"; and, (3) It only analyzed
the PIVI;<<rusl hour, though staff suggests a significant
impact`ill be on the AM movement through the Five
Way intersection. Ms. Hall reported that an updated
traffic study, dated April 12, 2013, was submitted and
had been included in the materials Board members
received at the beginning of the meeting. She said this
document addressed staff concerns as follows: (1) The
revised model dispersed thirty-three (33) percent of
residential traffic to Selva Marina Drive and sixty-seven
(67) percent to Dutton Island Road East by year 2016;
(2) New traffic counts were taken at the Five Way
intersection; and (3) New traffic counts were taken for
the AM rush hour. Ms. Hall explained that the projected
impact of the project is about a six (6) percent increase
in traffic by 2016. She then displayed a table from the
updated traffic study summarizing the estimated traffic
impacts on level of service, and noted that the overall
impact was below the established level of service for
each road, as provided in the Transportation Element of
the adopted Comprehensive Plan.
Applicant T R Hainline, Rogers Towers, PA, introduced himself as the
Page 11 of 17
AGENDA ITEM#7E
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013
Comment authorized agent for the applicant, which he said was a team of
local builders and developers with a great track record. He
thanked staff for the detailed and thorough review of the project,
and said he now wished to provide the Board with a broad view of
the goals the applicant wished to accomplish, namely (1) to
maintain the viability of the club; (2) to maintain the value of the
land; and (3) to maintain the natural environment, particularly the
viewsheds, important to this community.
Mr. Hainline noted that the proposed development represents a
dramatic change from the approved PUD, in which all the density
was loaded into less than a quarter of the land of the new project,
but it is the applicant's desire to create a development that is
consistent with.the existing character of Atlantic Beach. He
emphasized that the proposal consists of three distinctive uses —
single family residences, the golf course, and the clubhouse and
recreational amenities. He reiterated the applicant's commitment
to adequate buffers, secured access and a residential tree canopy
consistent with adjacent neighborhoods, and he emphasized the
updated traffic study's finding that.levels of service on impacted
roads would remain acceptable.
Mr. Hainline then;`addressed a citizen concern regarding drainage
that was heard at a community meeting held the previous Tuesday
o(April 9, 2013). He explained that drainage will be reviewed by at
leastthree`agencies the City of Atlantic Beach, the St Johns River
Water Management District, and the Florida Department of
Environmental Protection — and that the development would
comply with all pre-/post-development requirements. Stormwater
facilities will be added to accommodate all runoff associated with
residential development and the as part of the golf course
•
redesign, the property will be graded and treatment basins will be
incorporated. He emphasized that stormwater runoff cannot be
added to the creek or adversely impact the storage capacity of the
creek.
Mr. Hainline then discussed annexation, stating that it is the
applicant's intent to seek annexation of the golf course and
residential properties into the City of Atlantic Beach. He said that
submittal of this concurrent rezone request to both jurisdictions is
the first step. The submittal of an interlocal agreement to each
jurisdiction will be an intermediate step.
Mr. Hainline concluded, emphasizing the applicant's commitment
Page 12 of 17
AGENDA ITEM#7E
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013
to continue working with staff and residents to meet the
overarching goals of the project (1)to maintain viability of the club;
(2) to maintain the value of the land; and, (3) to maintain the
natural environment, particularly the viewsheds, important to this
community.
Public James Wheeler (1404 Linkside Drive) stated he was concerned that
Comment there would be increased traffic utilizing 11th Street and Donner
Road as a cut-through between,Seminole Road and Mayport Road.
Cindy Cain (1945 Francis Avenue) questioned how Dutton Island
Road East, which is now essentially one lane width, would be able
to accommodate traffic from the development. Ms. Paul invited
Mr. Hainline to respond, and he verified that Dutton Island Road
East will be improved to City of Atlantic Beach standards, with a
minimum pavement width of twenty (20) feet and secured access.
Janet Allen (1007 Big Pine Key) also expressed concern regarding
increased cut through traffic on 11th Street, and she asked why the
applicant desired short term stays within the development. Mr.
Hainline said that the inclusion of e the short term units was to
provide an option to collaborate with an established
resort/hospitality'provider Mr. Elmore elaborated, stating that the
overnight stay concept is part of the rebranding of the club. He
said that One Ocean had expressed a desire to market golf junkets,
and it is seen as,a unique opportunity to benefit both the club and
local businesses.
.��Mary Kring (1580 Selva Marina Drive) asked what else could be
developed on the property according to this Special Planned Area
zoning, and if it is only single-family, why not change the zoning
district classification of the property to one of the conventional
single-family zoning districts. Mr. Hainline responded that the
portion of the project currently within the City of Atlantic Beach is
to be redeveloped with a new clubhouse and recreational
amenities, that there will be no residential units on this property
(other than the one existing house on the parcel to the north of
the clubhouse parcel). He continued, explaining that in a Special
Planned Area, as in a Planned Unit Development, the narrative and
the site plan are binding. What is constructed must conform to
what is shown on the site plan and what is described in the
narrative.
Father Mark Water (1243 Linkside Drive) inquired about the
proposed Dutton Island Road East access and expressed concern
Page 13 of 17
AGENDA ITEM#7E
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013
regarding increased cut-through traffic on 11th Street and Parkside
Drive, noting that most people try to avoid Five Way. Mr. Hainline
responded that the Dutton Island Road East access will be privately
owned and maintained, and that it will be a secured ingress/egress
for residents and commercial (vendor)traffic only. He added that if
staff felt the traffic study needed to be revised to include impacts
to 11th Street, the applicant would certainly comply.
Monica Hayes (Sevilla) concurred that traffic generally backs up a
block or more at the Five Way intersection during rush hour, and
most especially during the morning when the school traffic
controls are activated. She'then asked if consideration had been
given as to the number of children this development would
generate, thus increasing the traffic with a school destination
during the morning rush hour. Ms. Hall told the Board that certain
demographic and destination °, assumptions are built into
transportation models, and thus the estimated number of trips
provided in the traffic study takes into account these concerns.
Board Mr. Stratton asked what the impaction the project would be if the
Discussion
golf course was not annexed into Atlantic Beach. Ms. Hall
responded that the annexation was Separate action and there
would not be any change in how the land was developed, whether
the golf course and residential parcels were located in or out of
Atlantic Beach. She reminded the Board that identical documents
including both narrative and site plan — were submitted to both
the City of Jacksonville and Atlantic Beach.
Mr. Burgess summarized the differences in what is now approved
versus what is proposed, stating that the most striking differences
are (1) the change the boundaries and acreage, which is now four
times greater the adopted plan, but which also reduces the overall
density of the project; (2) the relocation of the residential
development to the center of the golf course to create a more
conventional residential golf community; and (3) the elimination of
multi-family housing.
Motion Mr. Stratton moved that the Community Development Board
recommend approval of the Atlantic Beach Country Club SPA
(Application REZ-13-00100048) to the City Commission, being a
change in zoning district classification from Planned Unit
Development (PUD) to Special Planned Area (SPA) for lands
described within said application, approving the site development
plan and adopting the application and supporting documents, and
Page 14 of 17
AGENDA ITEM#7E
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013
all terms and conditions as set forth therein, subject to conditions
enumerated, and provided the following findings of fact: (1) The
request for rezoning has been fully considered after public hearing
with legal notice duly published as required by law; (2) The
rezoning to Special Planned Area is consistent with the
Comprehensive Plan and the Future Land Use Designation of
Residential, Low Density; (3) The rezoning is consistent with the
Land Development Regulations, specifically Division 6, establishing
standards for Special Planned Areas; (4) The rezoning and the site
development plan are consistent with the stated definition, intent
and purpose of Special Planned Areas; and, (5) The zoning district
classification of Special, Planned Area, and the specific uses and
special conditions as set forth herein, are consistent and
compatible with surrounding development : Mr. Burgess seconded
the motion and it passed unanimously, 4-0,, with Mr. Elmore
abstaining due to his previously stated conflict of interest.
C. REZ-13-00100049, 0 11th Street(Selva Preserve,LLC)
Request to rezone approximately Z05 acres from Planned Unit Development (PUD)
to Residential Single Family (RS 1) The subject property is currently part of the
Selva Marina Residential PUD the result of a Joint venture Agreement. This action
seeks to remove the subject property from:the PUD approved by Ordinance No. 90-
09-209 and revert to the RS-1 zoning designation as previously approved by
Ordinance No. 90-08-205.
Staff a Ms. Hall reported that this request is incidental to the previous
Report
application "and should be viewed as merely an issue of
housekeeping. She explained this parcel came to be part of the
approved Selva Marina Residential PUD in 2009 as the result of a
Joint Venture Agreement. However, that venture was not realized
and the owners of this parcel are not partners in the Atlantic Beach
Country Club SPA request. Because this parcel is less than ten (10)
acres in area, and thus does not meet the minimum area
requirements of a PUD, it must be rezoned. Because the owners of
this parcel do not currently have plans to develop this parcel, they
Have asked that the zoning simply revert to the previous
classification, Residential Single-Family (RS-1).
Applicant T R Hainline, Rogers Towers, P A, stated he was the authorized
Comment agent for the applicant in this request also. He concurred with
staff's assessment that this request was a matter of housekeeping,
stating this property alone does not meet the minimum area
requirements to be considered as a Planned Unit Development,
and thus must be rezoned. He added the RS-1 zoning is consistent
and compatible with surrounding lands, and any future
Page 15 of 17
AGENDA ITEM#7E
Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board JUNE 10,2013
development of the property would have to comply with all
provisions of the adopted Comprehensive Plan and Land
Development Regulations for the City of Atlantic Beach.
Public Father Mark Waters (1243 Linkside Drive) expressed concern about
Comment the impact of future development of the parcel on 11th Street and
other infrastructure including the water/sewer capacity and
sidewalks.
Janet Allen (1007 Big Pine Key) expressed concern regarding any
future development on the subject property, and questioned the
density.
Board Ms. Hall was asked to respond to the density question. She stated
Discussion that the Future Land Use Designation is Residential, Low Density,
which allows a maximum of six (6) dwelling units per acre, or up to
forty-two (42) dwellings, without any consideration being given to
environmental factors, infrastructure requirements or other
subdivision and land development regulations. However, she told
the Board that a preliminary assessment conducted when the land
was previously zoned RS-1 estimated that no more than eleven
single-family lots could be established on the parcel due to
environmental conditions.
Mr. Stratton asked how this compared with what was currently
approved for the parcel. Ms. Hall reviewed the approved Selva
Marina Country Club Residential PUD site plan and replied that the
subject parcel is shown to have a total of twelve (12) complete lots
and six (6)„partial lots. However, she noted the minimum lot
standards foi-the RS-1 zoning district are greater, and therefore
more restrictive, than those for the approved PUD.
Motion Mr burgess moved that the Community Development Board
recommend approval of Application REZ-13-00100049 to the City
;.:Commission, being a change in the zoning district classification
from Planned Unit Development (PUD) to Residential, Single-
Family (RS-1) for lands described within said application, including
all supporting documents and information contained therein, and
all terms and conditions as set forth therein, subject to conditions
enumerated, and provided the following findings of fact: (1) The
request for rezoning has been fully considered after public hearing
with legal notice duly published as required by law; (2) The
rezoning to Residential, Single-Family (RS-1) is consistent with the
Comprehensive Plan and the Future Land Use Designation of
Residential, Low Density; (3) Development pursuant to this
Page 16 of 17
AGENDA ITEM#7E
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013
rezoning to Residential, Single-Family (RS-1) shall be consistent
with the Zoning, Subdivision and Land Development Regulations
for the City of Atlantic Beach prior to issuance of local permits
authorizing construction or site alteration; (4) The zoning district
classification of Residential, Single-Family (RS-1) is consistent and
compatible with surrounding development, in that surrounding
uses are existing single-family or future single-family residential
uses. Mr. Stratton seconded the motion and it carried
unanimously, with Mr. Elmore abstaining due to his previously
stated conflict of interest.
5. REPORTS. None.
6. ADJOURNMENT—7:50 PM
Brea Paul, Chair
Attest
Page 17 of 17
AGENDA ITEM#7E
JUNE 10,2013
ORDINANCE NUMBER 90-13-216
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING
LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT
DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID
LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB
SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING
FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING
RECORDATION; AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds
that the change in Zoning District designation enacted by this Ordinance shall provide for orderly
growth; encourage the appropriate use of land; protect and conserve the value of property;
prevent the overcrowding of land; promote, protect and improve the health, safety, comfort, good
order, appearance, convenience, and general welfare of the public and serve to establish
consistency with the Comprehensive Plan, and
WHEREAS, after required notice was published, a public hearing was held by the
Community Development Board on the 16th day of April 2013 at 6:00 p.m. Introduction and
first reading of the proposed Ordinance by the City Commission was held on the 10th day of June
2013 at 6:30 p.m. Second reading of the proposed Ordinance and a public hearing to hear,
consider and adopt said Ordinance was held on the 8th day of July 2013 at 6:30 p.m.
NOW THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. That, as requested by Rogers Towers, P.A. on behalf of Atlantic Beach
Partners, LLC, as authorized by Selva Marina Country Club, Inc, the title owner of record as
identified in the application (File Number REZ-13-00100048) along with supporting documents
for the zoning change submitted to the City of Atlantic Beach, Florida on March 25, 2013
hereinafter known as the Atlantic Beach Country Club Special Planned Area (SPA)
application, which is attached to and made part of this Ordinance, the zoning classification of
lands as described by legal description within Exhibit A is hereby changed to Special Planned
Area.
SECTION 2. That development of the lands within this Special Planned Area shall
proceed in accordance with the Atlantic Beach Country Club Special Planned Area application
and exhibits, as attached to this ordinance, first filed March 25, 2013, and other supporting
documents, which are a part of File Number REZ-13-00100048, and incorporated by reference
into and made part of this Ordinance. In the case of conflict between the application, the
Ordinance No. 90-13-216/Page 1 of 3
AGENDA ITEM#7E
JUNE 10,2013
supporting documents, and the provisions of this Ordinance, the provisions of this Ordinance
shall prevail.
SECTION 3. Special Condition: Development within this Special Planned Area shall
be similar to and consistent with the design concept and architectural designs and styles depicted
within renderings and drawings as contained within the Special Planned Area application, which
are made part of this Special Planned Area Ordinance.
SECTION 4. Findings of Fact: The need and justification for approval of the Atlantic
Beach Country Club SPA have been considered in accordance with the Comprehensive Plan
and the Zoning, Subdivision and Land Development Regulations and, whereby, it is found that:
1. This request for rezoning has been fully considered following a public hearing before and
a recommendation from the Community Development Board and after public hearing
before the City Commission with legal notice duly published as required by law.
2. This request for rezoning, and the detailed plan of development, is consistent with the
2020 Comprehensive Plan Future Land Use Map, as amended, and the designations of
those lands as described within this application as Residential, Low Density.
3. This rezoning from Planned Unit Development to Special Planned Area is consistent with
the Land Development Regulations in that the specific land to be redeveloped pursuant to
this SPA has consisted of previous uses defined by the Land Development Regulations as
residential and recreational, and said lands to be redeveloped are not composed of open
land, water,marsh and wetland areas.
4. This Special Planned Area does not adversely affect the orderly development of the City,
as embodied within Chapter 24, specifically Article III, Division 6 of the Land
Development Regulations, and within Comprehensive Plan.
5. The proposed Special Planned Area is consistent with the Land Development
Regulations, specifically Division 6, establishing standards for Special Planned Areas.
This rezoning and development of this Special Planned Area will proceed in accordance
with Chapter 24, Article III, Division 6 and will accomplish the objectives and meet the
Standards and Criteria of Section 24-121, as well as Article IV, Division 5, of this
Chapter.
6. The zoning district designation of Special Planned Area, and the specific uses and special
conditions as set forth within this Special Planned Area, are consistent and compatible
with surrounding development, and the proposed Special Planned Area will not adversely
affect the health and safety of residents in the area and will not be detrimental to the
Ordinance No. 90-13-216/Page 2 of 3
AGENDA ITEM#7E
JUNE 10,2013
natural environment or to the use or development of adjacent properties or the general
neighborhood.
SECTION 5. To the extent they do not conflict with the unique specific provisions of
this Special Planned Area Ordinance, all provisions of the Land Development Regulations, as
such may be amended from time to time, shall be applicable to this development; except that
modification to this Special Planned Area by variance or special use shall be prohibited except as
allowed by the Land Development Regulations, and except to the degree that the development
may qualify for vested rights in accordance with applicable ordinances and laws.
Notwithstanding any provision of this ordinance, no portion of any Building Code,
Comprehensive Plan or any regulation aside from those set forth within the Land Development
Regulations shall be deemed waived or varied by any provision herein.
SECTION 6. This Ordinance shall take effect immediately upon its final passage and
adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic
Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes.
Passed upon first reading by the City Commission of the City of Atlantic Beach this 10th
day of June 2013. Passed and enacted, upon final reading and public hearing and adoption
this 8th day of July 2013.
Mike Bomo
Mayor/Presiding Officer
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Attest:
Donna L. Bartle, CMC
City Clerk
Effective Date:
Ordinance No. 90-13-216/Page 3 of 3
AGENDA ITEM#7E
JUNE 10,2013
rEllwx
5 2013
BY��1 J,11 1��1'u�r" y > 3'
APPLICATION FOR ZONING MAP AMENDMENT
for
SPECIAL PLANNED AREA—or—PLANNED UNIT DEVELOPMENT
City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233-5445
Phone: (904)247-5800 • FAX (904)247-5805 • http://www.coab.us
Date 1/25/2013 File No. Application No. RED 13 00r'0310
1. Applicant's Name Atlantic Beach Partners,LLC
2. Applicant's Address 414 Old Hard Road#502,Fleming Island,FL 32003
3. Property Location Selva Marina Country Club
4. Property Appraiser's Real Estate Number See Exhibit D
5. Current Zoning Classification PUD,RS-L 6. Comprehensive Plan Future Land Use Designation RL
7. Requested Action Rezone to SPA
8. Size of Parcel 169.02 acres 9.Utility Provider JEA
10. Provide a textual narrative and a composite site plan,which demonstrates compliance with Article III,Division 6 of
the City of Atlantic Beach Zoning,Subdivision and Land Development Regulations. The narrative,and any required
attachments, should concisely address each of the provisions and requirements of Section 24-120 and should be
provided in an order and format consistent with this Section. Please provide a cover page and a table of contents
identifying each attachment to the application.
11. The following items must be submitted with the application:
a. List of adjacent property owners within 300 feet of the property including name, mailing address and Property
Appraiser's Real Estate number from most recently certified tax rolls. Address two (2) legal size envelopes to each
property owner on the list. Do not include a return address. Each envelope must contain proper postage. The order of
the envelopes must match the order in which the names appear on the list.
b. Proof of ownership(copy of deed or certificate by lawyer or abstract company or title company that verifies record owner
as above). If the applicant is not the owner,a letter of authorization from the owner(s) for applicant to represent the
owner for all purposes related to this application must be provided.
c. Required number of copies:five(5) Please submit ten(10)copies of any plans or attachments that are larger than 11 x
17 inches in size,or any other items that cannot be easily reproduced.
d. Application Fee.($500.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s)or authorized person if owner's authorization form is attached:
T.R.Hainline
Printed or typed name(s): ,...•
1WOR --
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION Name: T.R.Hainline
Mailing Address: 1301 Riverplace Blvd.,Suite 1500,Jacksonville,FL 32207
Phone: (904)346-5531 FAX: (904)396-0663 E-mail:THainline @RTLaw.com
AGENDA ITEM#7E
JUNE 10,2013
ATLANTIC BEACH COUNTRY CLUB PLANNED DEVELOPMENT(PUD)/
SPECIAL PLANNED AREA (SPA)
EXHIBIT"A"
LEGAL DESCRIPTION
THAT CERTAIN TRACT OR PARCEL OF LAND BEING A PORTION OF
GOVERNMENT LOTS 7, 8, 9, 10, 15 AND 16, OF SECTION 8; A PORTION OF
GOVERNMENT LOT 6 OF SECTION 9, A PORTION OF GOVERNMENT LOT 2 OF
SECTION 16, AND A PORTION OF GOVERNMENT LOTS 1 & 2 OF SECTION 17,
ALL IN TOWNSHIP 2 SOUTH, RANGE 29 EAST, AND ALL THE LOT 5, BLOCK 1,
DONNER'S REPLAT AS RECORDED IN PLAT BOOK 19, PAGES 16 AND 16A OF
THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS 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 17 FOR A POINT OF BEGINNING; THENCE SOUTH 89°28'50"
WEST, ALONG SAID SECTION LINE, 106.50 FEET TO THE NORTHEAST CORNER
OF GOVERNMENT LOT 2 OF SAID SECTION 17; THENCE SOUTH 00°00'30"WEST,
ALONG THE EASTERLY BOUNDARY OF SAID GOVERNMENT LOT 2, 75.00 FEET;
THENCE SOUTH 89°28'50"WEST,AND PARALLEL TO SAID SECTION LINE, 469.26
FEET TO THE EASTERLY BOUNDARY OF BLOCK 1 OF SAID DONNER'S REPLAT;
THENCE NORTH 00°11'34" WEST, ALONG THE EASTERLY BOUNDARY OF SAID
BLOCK 1, 4.00 FEET TO THE SOUTH EAST CORNER OF SAID LOT 5, BLOCK 1;
THENCE SOUTH 89°28'50" WEST ALONG THE SOUTHERLY BOUNDARY OF SAID
LOT 5, 176.00 FEET TO THE EASTERLY RIGHT OF WAY OF FRANCIS AVENUE
AND THE WESTERLY BOUNDARY OF SAID LOT 5; THENCE NORTH 00°11'34"
WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID FRANCIS
AVENUE, 71.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 5, SITUATED
IN SAID SECTION LINE; THENCE SOUTH 89°28'50" WEST ALONG SAID SECTION
LINE, 12.27 FEET TO THE SOUTHWEST CORNER OF THE EAST (1/2) 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 RECORDED 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
AGENDA ITEM#7E
JUNE 10,2013
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 WHICH IS 15.00 FEET EASTERLY OF A POINT
THAT IS SOUTH 12°22'05" EAST, 2071.75 FEET, FROM THE END OF THE LAST
DESCRIBED CURVED LINE COURSE, 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 NORTH 78°03'10" EAST ALONG SAID WESTERLY
PROLONGATION AND ALONG THE SOUTH LINE OF LOT 1, 332.00 FEET MORE
OR LESS TO AN INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE
OF SELVA MARINA DRIVE (A 100 FOOT RIGHT OF WAY), SAID POINT BEING
THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 11°56'50" EAST,
ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID SELVA MARINA DRIVE,
750.00 FEET; THENCE SOUTH 78°03'10" WEST, 450.00 FEET TO THE
NORTHEASTERLY CORNER OF THE LANDS DESCRIBED IN OFFICIAL
RECORDS VOLUME 1270,PAGE 559; THENCE SOUTH 11°56'50" EAST,270.00 FEET
TO THE SOUTHEASTERLY CORNER OF SAID LANDS SO DESCRIBED; THENCE
SOUTH 78°03'10" WEST, 250.00 FEET TO THE SOUTHWESTERLY CORNER OF
THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1270,PAGE 559; THENCE
SOUTH 11°56'50" EAST, AND PARALLEL TO THE WESTERLY RIGHT OF WAY
LINE OF SAID SELVA MARINA DRIVE, 684.44 FEET; THENCE SOUTH 83°42'10"
WEST, 669.45 FEET; THENCE NORTH 06°45'00" WEST, 1322.13 FEET TO AN
INTERSECTION WITH SAID SECTION LINE DIVIDING SECTION 8 AND 17;
THENCE SOUTH 89°28'50" WEST, ALONG SAID SECTION LINE, 301.78 FEET TO
THE POINT OF BEGINNING.
TOGETHER WITH OFFICIAL RECORDS VOLUME 6444, PAGE 1270 AND
OFFICIAL RECORDS VOLUME 7910,PAGE 0958.
AND
LOT 1,BLOCK 9,SELVA MARINA, UNIT NO. 5, ACCORDING TO MAP RECORDED
IN PLAT BOOK 30, PAGE 29A, OF THE CURRENT PUBLIC RECORDS OF DUVAL
COUNTY,FLORIDA.
JAX11742627_I -2-
AGENDA ITEM#7E
• . JUNE 10,2013
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AGENDA ITEM#7E
JUNE 10,2013
Exhibit "D"
Atlantic Beach Country Club Planned Unit Development (PUD)/Special Planned Area
(SPA)
Written Narrative of Plan of Development
Date: April 16,2013
Current Land Use Designation: LDR(City of Jacksonville); RL (City of Atlantic Beach)
Current Zoning District: RR and PUD (City of Jacksonville); PUD (City of Atlantic Beach)
Requested Zoning District: PUD (City of Jacksonville); SPA (City of Atlantic Beach)
RE##: 169399-0000; 169399-0010; 172000-0000; 172024-0000; 172027-0010; 172027-0030;
172029-0000; 172036-0000; 172157-0000
NOTE: The development described in this Written Narrative includes
property within the City of Jacksonville ("COJ Property") and property
within the City of Atlantic Beach ("COAB Property")(collectively, the
"Property"). This is intended to serve as a Written narrative both for a
Planned Unit Development (PUD) on the COJ Property and for a Special
Planned Area (SPA) on the COAB Property. The development described
in this Written Narrative is a single family residential development, golf
course, country club, recreational amenities, and associated roadways,
access, stormwater, maintenance, and related facilities and
infrastructure. All uses are part of a unified plan which will be
consistent with the comprehensive plans for both the City of Jacksonville
(COJ) and the City of Atlantic Beach (COAB) and will meet the intent of
the land development regulations in both jurisdictions as well. As is
permitted under the COJ regulations for a PUD and under the COAB
regulations for an SPA, this Written Narrative will allow for flexibility
from the application of these regulations where it is necessary for a
unified and internally consistent development.
OVERVIEW OF THE DEVELOPMENT
Selva Marina Country Club, Inc. (the Applicant) was incorporated in 1956 as a for-profit
corporation. The sole asset of the corporation is the Selva Marina Country Club ("Country
Club"), which consists of a private eighteen-hole golf course, clubhouse, tennis courts, and other
recreational amenities. Membership in the Country Club has declined significantly over recent
years, and the Applicant desires to undertake an extensive redevelopment of the golf course,
including the construction of new single family homes, a new clubhouse, and other associated
facilities and infrastructure.
EXHIBIT on File
Page of
AGENDA ITEM#7E
JUNE 10,2013
I. LAND USE, ZONING, AND USES: PROPERTY AND SURROUNDING
PROPERTIES.
A. The COJ Property lies within the LDR land use category of the COJ
Comprehensive Plan and is zoned RR and PUD. The COAB property lies within the RL land
use category of the COAB Comprehensive Plan and is zoned PUD and RS-L.
B. For all but the southwest corner of the Property,the Property is surrounded by
single family,multifamily, public use, and vacant properties which lie within the COAB. These
properties are within the RL, RM, RH, and P/SP land use categories of the COAB
Comprehensive Plan and are within the RS-L, RS-2, RG-M, PUD, and CG zoning districts of the
COAB Land Development Regulations. At the southwest corner of the Property, the Property
adjoins commercial and residential properties which lie within the COJ. These properties are
within the CGC, RPI, and MDR land use categories of the COJ Comprehensive Plan and are
within the CCG-2, CCG-1, CRO, and RMD-A zoning districts of the City of Jacksonville Zoning
Code.
II. GENERAL PLAN FOR THE DEVELOPMENT.
A. The development described in this Written Narrative is a single family residential
development, golf course, clubhouse, recreational amenities, and associated roadways, access,
stormwater,maintenance, and related facilities and infrastructure.
B. The Property is approximately 169.02 acres. The COJ Property is approximately
135.12 acres. The COAB Property is approximately 33.90 acres.
C. Consistent with the variety of residential densities and lot sizes which surround
the Property and which are typical of the COAB,the development will include a varied mix of
lot sizes and single family residential types. The Conceptual Site Plan filed with this application
shows a mix of lot sizes and types. The total number of residential units shall not exceed 180
units. However, subject to the minimums and maximums shown on the Conceptual PUD Site
Plan, the location and number of each of the varying lots sizes and types shown on the
Conceptual Site Plan is conceptual only and may be subject to change, due to site engineering or
other factors, without amendment or modification of the PUD/SPA. The single family
residential uses will comprise approximately 34.44 acres, including approximately 34.36 acres
within COJ and approximately 0.08 acres within COAB.
D. As shown on the Conceptual Site Plan, a golf course, related structures
(bathrooms, shelters/stops, bathrooms, food, drink, etc.), maintenance facilities, cart barn,
parking, and similar uses will be located around and among the single family residential uses.
The golf course and related uses will comprise approximately 117.39 acres, including
approximately 91.25 acres within COJ and approximately 26.14 acres within COAB.
E. Within the "Club Site" parcel as shown on the Conceptual Site Plan will be
located a clubhouse and recreational amenities, which may include pool, cabana/clubhouse, pro
shop(s), health/exercise facility, offices, tennis courts, other recreational court(s) and/or field(s),
JAX\1733919_8 -2-
AGENDA ITEM#7E
JUNE 10,2013
parking, storage, and similar facilities. The clubhouse and recreational amenities will comprise
approximately 6.74 acres, including approximately 0.00 acres within COJ and approximately
6.74 acres within COAB.
F. The "Club Site"parcel as shown on the Conceptual Site Plan includes a parcel of
1.12 acres (RE# 172000-0000)which is located in COAB, currently zoned RS-L, and used for
single family residential use. That parcel either will be incorporated into the clubhouse and
recreational amenities use or will continue to be used for single family residential use consistent
with the RS-L zoning district in the COAB Zoning Regulations.
G. As shown on the Conceptual Site Plan and as described further below, structures
for vehicular access (secured gate and/or gatehouse) may be located at the entrance to the
development at Dutton Island Road East. Structures for golf cart access (such as bridges or
shelters) also may be located throughout the development. The development also will include
roadways, stormwater facilities, and other related facilities and infrastructure. The roadways and
other supporting facilities and infrastructure will comprise approximately 10.45 acres, including
approximately 9.08 acres within COJ and approximately 1.37 acres within COAB.
III. PERMITTED USES: DEVELOPMENT CRITERIA.
This section of the Written Narrative addresses the following items: Permitted Uses and
Structures, Permitted Accessory Uses and Structures, Minimum Lot Requirements
(width/density/area), Maximum Lot Coverage by all Buildings and Structures, Minimum and/or
Maximum Yard Requirements, and Maximum Height of Structures.
A. Single Family Residential.
1. Permitted uses and structures.
a. Single family detached dwellings.
b. Essential services, including water, sewer, gas, telephone, cable,
radio and electric.
c. Home occupations subject to the conditions in Section M.D. 5
below.
d. Courtyard Lots described below which are adjacent to the golf
course, permitted uses may include units for daily/overnight rental;
provided, however,
(1) That the maximum number of Courtyard Lot units which
may be used for daily/overnight rental is four (4) units
located within the same courtyard lot configuration.
(2) All such units shall be owned by the same entity, which
shall be the owner/operator of a hospitality business, such
as hotel(s) or resort(s), and shall be managed by an entity
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with office(s) in Duval County..
(3) All such units shall be subject to the restrictive covenants
described below.
2. Maximum total number of residential units: 180.
3. Lot requirements: As shown on the Conceptual Site Plan, lot
requirements within the development will vary. The lot requirements are
set forth below.
4. Membership in club: All owners of residential lots within the
development shall be members of the club.
5. Sinjle Family--80'(--89')Lots: Minimum lot requirement (width and
area), Lot coverage by all buildings, Minimum yard requirements, and
Maximum height of structure for each Single Family use.
a. Minimum lot requirement (width and area). The minimum lot
requirement (width and area) for single family uses is:
(1) Width—Eighty(80) feet.
(2) Area-8,000 square feet.
b. Maximum impervious surface. Sixty-five (65)percent.
c. Minimum yard requirements. The minimum yard requirements for
all uses and structures (as measured from the wall of the
structure)are:
(1) Front—Twenty (20) feet from face of garage to back of
right-of-way and fifteen (15) feet from building face or
porch to back of right-of-way; except corner/double-
frontage lots, for which the non-address front/side
minimum yard shall be ten(10) feet from garage or
building face to back of right-of-way.
(2) Side—Five (5) feet, provided that the combined side yards
shall not be less than ten (10) feet.
(3) Rear—Ten(10) feet.
d. Maximum height of structure. Thirty-five (35) feet.
6. Sinile Family--70'(-79') Lots:Minimum lot requirement (width and
area), Lot coverage by all buildings, Minimum yard requirements, and
Maximum height of structure for each Single Family use.
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a. Minimum lot requirement(width and area). The minimum lot
requirement(width and area) for single family uses is:
(1) Width—Seventy (70) feet.
(2) Area-7,000 square feet.
b. Maximum impervious surface. Sixty-five (65)percent.
c. Minimum yard requirements. The minimum yard requirements for
all uses and structures (as measured from the wall of the structure)
are:
(1) Front—Twenty (20) feet from face of garage to back of
right-of-way and fifteen(15) feet from building face or
porch to back of right-of-way; except corner/double-
frontage lots, for which the non-address front/side
minimum yard shall be ten (10) feet from garage or
building face to back of right-of-way.
(2) Side—Five (5) feet, provided that the combined side yards
shall not be less than ten (10) feet.
(3) Rear—Ten(10) feet.
d. Maximum height of structure. Thirty-five (35) feet.
7. Single Family--60'(-69')Lots:Minimum lot requirement (width and
area), Lot coverage by all buildings, Minimum yard requirements, and
Maximum height of structure for each Single Family use.
a. Minimum lot requirement(width and area). The minimum lot
requirement(width and area) for single family uses is:
(1) Width—Sixty (60) feet.
(2) Area-6,000 square feet.
b. Maximum impervious surface. Sixty-five (65)percent.
c. Minimum yard requirements. The minimum yard requirements for
all uses and structures (as measured from the wall of the structure)
are:
(1) Front—Twenty (20) feet from face of garage to back of
right-of-way and fifteen (15) feet from building face or
porch to back of right-of-way; except corner/double-
frontage lots, for which the non-address front/side
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minimum yard shall be ten(10) feet from garage or
building face to back of right-of-way.
(2) Side—Five (5) feet,provided that the combined side yards
shall not be less than ten(10) feet.
(3) Rear—Ten(10) feet.
d. Maximum height of structure. Thirty-five (35) feet.
8. Single Family--55'(--59') Lots: Minimum lot requirement (width and
area), Lot coverage by all buildings, Minimum yard requirements, and
Maximum height of structure for each Single Family use.
a. Minimum lot requirement (width and area). The minimum lot
requirement(width and area) for single family uses is:
(1) Width—Fifty (55) feet.
(2) Area-5,500 square feet.
b. Maximum impervious surface. Sixty-five (65) percent.
c. Minimum yard requirements. The minimum yard requirements for
all uses and structures (as measured from the wall of the structure)
are:
(1) Front—Twenty (20) feet from face of garage to back of
right-of-way and fifteen(15) feet from building face or
porch to back of right-of-way; except corner/double-
frontage lots, for which the non-address front/side
minimum yard shall be ten(10) feet from garage or
building face to back of right-of-way.
(2) Side—Five (5) feet,provided that the combined side yards
shall not be less than ten(10) feet.
(3) Rear—Ten(10) feet.
d. Maximum height of structure. Thirty-five (35) feet.
9. Courtyard Single Family Lots:Minimum lot requirement (width and
area), Lot coverage by all buildings, Minimum yard requirements, and
Maximum height of structure for each Single Family use.
a. Minimum lot requirement (width and area). The minimum lot
requirement(width and area) for single family uses is:
(1) Width—Fifty (50) feet.
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(2) Area-4,000 square feet.
b. Maximum impervious surface. Sixty-five (65)percent.
c. Minimum yard requirements. The minimum yard requirements for
all uses and structures (as measured from the wall of the structure)
are:
(1) Front—Twenty (20) feet from centerline of private access
driveway, ten (10) feet from public street right-of-way, and
ten (10)feet from building face or porch to lot boundary.
(2) Side—Five (5) feet.
(3) Rear—Ten (10) feet.
d. Maximum height of structure. Thirty-five (35)feet.
e. Thematic plan. Attached as Exhibit—is a thematic plan depicting
a potential lot layout for the Courtyard Lots. Lot and access
configuration may vary from the thematic plan.
10. Patios. Patios, including screened patios (without a structural roof),
outdoor dining, terraces, courtyards, or similar exterior structures shall be
permitted for each unit and may be located within side or rear yards but
shall not be located within five (5) feet of any property boundary.
11. Maximum Heights. Maximum heights shall be subject to Article XIV,
Section 59, of the Charter of the City of Atlantic Beach and the definition
of"height" as provided in the COAB Zoning Regulations.
12. Impervious surface definition. As used in this PUD/SPA Written
Narrative, "impervious surface means: those surfaces that prevent the
entry of water into the soil. Common impervious surfaces include,but are
not limited to, rooftops, sidewalks, patio areas, driveways,parking lots,
and other surfaces made of concrete, asphalt, brick, plastic, or any
surfacing material with a base or lining of an impervious material. Wood
decking elevated two (2) or more inches above the ground shall not be
considered impervious provided that the ground surface beneath the
decking is not impervious. Pervious areas beneath roof or balcony
overhangs that are subject to inundation by stormwater and which allow
the percolation of that stormwater shall not be considered impervious
areas. Swimming pools shall not be considered as impervious surfaces
because of their ability to retain additional rainwater, however, decking
around a pool may be considered impervious depending upon materials
used. Surfaces using pervious concrete or other similar open grid paving
systems shall be calculated as fifty (50) percent impervious surface,
provided that no barrier to natural percolation of water shall be installed
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beneath such material. Open grid pavers must be installed on a sand base,
without liner, in order to be considered fifty (50) percent impervious.
Solid surface pavers (e.g., brick or brick appearing pavers as opposed to
open grid pavers) do not qualify for any reduction in impervious area,
regardless of type of base material used.
13. RS-L--COAB Parcel of 1.12 acres (RE#172000-0000). As described
above, as an alternative to the Clubhouse/Recreational Amenities use
described below, a COAB parcel of 1.12 acres (RE# 172000-0000) may
continue to be used for single family residential use consistent with the
RS-L zoning district as described in the COAB Zoning Regulations.
B. Clubhouse/Recreational Amenities.
1. Permitted uses and structures.
a. Clubhouse (maximum of 30,000 sq. ft.) and recreational amenities,
which may include pool, cabana/clubhouse, spa, sauna, pro shop(s),health/exercise facility,
offices,tennis courts and associated lighting and fencing, other recreational court(s) and/or
field(s) and associated lighting and fencing, storage, and similar facilities.
b. Outdoor social events, including parties, weddings, and holiday
events,with associated uses including outdoor service of food and beverage, including alcoholic
beverages, outdoor music,fireworks, and similar activities.
c. Sale and service of food and beverage, including alcoholic
beverages.
d. Retail sales of recreation-related items at pro shop(s).
e. Golf cart maintenance and/or storage.
f. Essential services, including water, sewer, gas, telephone, cable,
radio and electric.
2. Minimum lot requirement. Four(4) acres.
3. Maximum impervious surface. Eighty-five percent(85%).
4. Minimum yard requirements. The minimum yard requirements for all uses
and structures (as measured from the wall of the structure) are:
(1) Front—Twenty (20) feet.
(2) Side—Ten(10) feet, or five (5) feet with buffer as provided
below.
(3) Rear—Ten (10) feet, or five (5) feet with buffer as
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provided below.
5. Maximum height of structure. Maximum heights shall be subject to
Article XIV, Section 59, of the Charter of the City of Atlantic Beach and
the definition of"height" as provided in the COAB Zoning Regulations.
6. Recreational use buffers and lighting. The tennis courts, pool/cabana, and
other outdoor recreational court(s) or field(s) shall be buffered with a
minimum 5-foot wide landscaped buffer from the Property boundary.
This buffer shall be planted and maintained with shrubs or trees that
provide an opaque vegetative buffer. Buffers as required above may
include fences or walls, provided that no solid fence or wall within any
such buffer shall exceed eight feet in height. This height limit shall not
apply to the types of fencing customarily used to enclose tennis courts.
Lighting in any location shall be directed away from residential dwellings,
and no tennis courts in any location shall be lighted later than 10:00p.m.
C. Golf Course.
1. Permitted uses and structures.
a. Golf course,practice facilities and associated lighting and fencing,
related structures (bathrooms, food, drink, etc.), "starter" or"half
way"houses or shelters/stops, maintenance facilities, and similar
uses.
b. Golf cart maintenance and/or storage.
c. Sale and service of food and beverage, including alcoholic
beverages, at"starter" or"half way" houses or shelters/stops or
from service carts.
d. Essential services, including water, sewer, re-use, gas, telephone,
cable, radio and electric.
2. Minimum lot requirement (width and area). None.
3. Maximum lot coverage by all buildings. None.
4. Minimum yard requirements. None.
5. Maximum height of structure. None.
D. Accessory Uses and Structures.
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Accessory uses and structures are permitted if those uses and structures are of the nature
customarily incidental and clearly subordinate to a permitted principal use or structure and these
uses and structures are located on the same lot (or contiguous lot in the same ownership) as the
principal use. Whether attached or detached to a building or structure containing the principal
use, the accessory structure shall be considered as a part of the principal building. Accessory
uses shall not involve operations or structures not in keeping with character of the district where
located and shall be subject to the following:
1. Accessory uses shall not be located in required front or side yards except
as follows:
a. Detached accessory structures such as carports, covered parking, or
garages for vehicles or golf carts which are separated from the
main structure may be located in a required side or rear yard but
not less than five (5) feet from a lot line. If bonus rooms are
located above such an accessory structure, then such structure also
shall be not less than five (5) feet from a lot line. The total number
of buildings on any lot zoned for single-family use shall not exceed
three (3) including the principal use structure, detached
carports/parking/garage, and any other detached building.
b. Air conditioning compressors or other equipment designed to serve
the main structure may be located in a required side or rear yard
and may be located not less than three (3) feet to the property line.
c. Swimming pools and associated screened enclosures (without a
structural roof) may be located in a required rear or side yard but
may not be located less than five (5) feet from the property line or
top of the bank of a pond, whichever is applicable.
2. Accessory uses and structures in a residential district shall include
noncommercial greenhouses and plant nurseries, servants' quarters and
guesthouses, private garages and private boathouses or shelters, toolhouses
and garden sheds, garden work centers, children's play areas and play
equipment, private ball courts, private barbecue pits, outdoor fireplaces,
ornamental pools, gazebos, and swimming pools, facilities for security
guards and caretakers and similar uses or structures which are of a nature
not likely to attract visitors in larger number than would normally be
expected in a residential neighborhood. Any structure under a common
roof and meeting all required yards is a principal structure. The maximum
height of an accessory structure shall not exceed twenty-five (25) feet.
3. Land clearing and processing of land clearing debris shall be accessory
uses;provided, however, land clearing debris may be processed only in
conformity with applicable fire codes and other chapters of the applicable
code to the extent those chapters are applicable.
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4. Essential services (utility systems) shall be allowed as a permitted use
subject to the following conditions:
a. Central water systems, sewerage systems, re-use systems, utility
lines, and easements shall be provided underground and in
accordance with the appropriate sections of the code.
5. Home occupations shall be allowed subject to the following conditions:
a. The use of the premises for the home occupation shall be
incidental and subordinate to its use for residential purposes by its
occupants and shall, under no circumstances, change the residential
character thereof.
b. There shall be no change in the outside appearance of the building
or premises or other visible evidence of the conduct of the home
occupation.
c. There shall be no equipment or process used in the home
occupation which creates excessive noise, vibration, glare, fumes
odors or electrical interference detectable to normal senses off the
lot.
d. In the case of electrical interference, no equipment shall be used
which creates visual or audible interference in the radio or
television receiver off the premises or causes fluctuations in line
voltage off the premises.
E. Access.
1. Access will be provided as shown on the Conceptual Site Plan via Selva
Marina Drive and Dutton Island Road East.
2. Golf cart access may be provided to adjoining properties pursuant to
private access agreements.
3. The location and design of the access at Selva Marina Drive shall be
subject to the review and approval of the COAB Planning and Zoning
Department and Public Works Department.
4. The location and design of the access at Dutton Island Road East shall be
subject to the review and approval of COAB. Within the existing right-of-
way, Dutton Island Road East shall be improved to a minimum pavement
width of twenty feet (20')to the specifications directed by COAB
Planning and Zoning Department and Public Works Department.
Pedestrian and vehicular access at Dutton Island Road East shall be
secured inside the Property to limit access to residents of the development
within the PUD/SPA, commercial traffic to and from the
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Clubhouse/Recreational Amenities uses and Golf Course uses, and
construction traffic for development within the PUD/SPA. Structures for
vehicular access [secured gate(s) and/or gatehouse, mail kiosk, community
bulletin board, etc.] may be located at the access inside the Property.
5. All internal roads will be dedicated public streets, designed to COJ
specifications, and dedicated to the COJ or COAB except(i) the portion of
the internal roadway system connecting the system to Dutton Island Road
East and (ii) internal driveways into Courtyard Lots as described above,
which may be an approved private road with access easements for
permanent access to the residential units.
6. The configuration and design of the internal road system, including roads,
any traffic circles, and intersections, shall be subject to the review and
approval of the COAB Planning and Zoning Department and Public
Works Department. Features which will be permitted include: Miami-
type curbing on landscape islands and other appropriate locations; sixteen
foot (16') pavement width at appropriate locations for traffic calming; and
brick pavers, stamped concrete, or stamped asphalt at appropriate
locations. The internal roadway system shown on the Conceptual Site
plan is schematic only and may be subject to realignment prior to
development, due to site engineering or other factors, without amendment
or modification of the PUD/SPA.
F. Signage.
1. Community identification monument signs will be permitted within the
Property at the access points to the PUD/SPA at Selva Marina Drive and
at the terminus of Dutton Island Road East. These signs shall not exceed
eight(8) feet in height and thirty-two (32) square feet in area(each side)
excluding border and columns, may be two sided and externally
illuminated, and may identify the club, golf course, and residential uses.
Alternatively, these signs may be designed as entry towers, 1, 2, 3 or 4
sided (or cylindrical), an a maximum of thirty-two (32) square feet per
side excluding border, base or foundation, and tower cap, a maximum of
twenty-four(24) feet in height. The entry towers would be architecturally
consistent with the clubhouse and club facilities.
2. Existing signage for the club at the intersection of Selva Marina Drive and
Seminole Drive may be redesigned and updated for the club, golf course,
and residential uses, and continues to be maintained by the Country Club.
The sign may be externally illuminated.
3. At the Clubhouse/Recreational Amenities and the Golf Course, wall signs
are permitted and shall not exceed ten (10) percent of the square footage
of the occupancy frontage or respective sides of the building facing the
public rights-of-way. In addition to wall signs, awning signs are permitted
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AGENDA ITEM#7E
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and shall not exceed ten(10)percent of the square footage of the
occupancy frontage or respective sides of the building facing the public
rights-of-way; provided, any square footage utilized for an awning sign
shall be subtracted from the allowable square footage that can be utilized
for wall signs. Under canopy signs also are permitted. One (1)under the
canopy sign per occupancy is permitted not exceeding a maximum of
twenty (20) square feet in area per side; provided, any square footage
utilized for an under the canopy sign shall be subtracted from the
allowable square footage that can be utilized for wall signs.
4. Directional signs indicating activities,buildings, common areas, and other
features within the Clubhouse/Amenities and Golf Course uses will be
permitted. The design of these signs should reflect the character of the use
identity signs and may include the project logo and name. For
predominantly vehicle directional signage, such signs shall be a maximum
of four(4) square feet in area per sign face. For pedestrian directional
signage, such as privately maintained"informational side walk kiosks", 1,
2, 3 or 4 sided (or cylindrical), such signs shall be a maximum of twenty
(20) square feet per side and a maximum of twelve (12) feet in height. All
Vehicular Control Signs shall meet the requirements of the Manual on
Uniform Traffic Control Devices; privately maintained street signage with
with decorative post(s) and finials are permitted.
5. Real estate and construction and temporary signs are permitted. Signs of a
maximum of thirty-two (32) square feet in area and eight(8) feet in height
for model homes also shall be permitted.
6. Because all identity and directional signs are architectural features
intended to be compatible with and complimentary of the buildings in the
PUD, they may be located in structures or frames that are part of the
architecture of the project. Accordingly, sign area for all such signs as
well as wall, awning, and under the canopy signs, shall be computed on
the basis of the smallest regular geometric shape encompassing the
outermost individual letters, words, or numbers on the sign.
7. Banner signs may be permitted pursuant to Section 17-33 of the COAB
Ordinance Code.
8. Signs required by environmental permitting to be posted in common areas
such as stormwater facilities shall be permitted.
G. Construction offices/model homes/real estate sales.
1. On-site, temporary construction offices/model homes/sales offices/club
membership marketing will be permitted until build-out. Real estate sales
activities and club membership marketing are permitted within model
homes. Associated parking for sales activities is permitted adjacent to
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model homes. Upon the approval of construction plans for the
infrastructure improvements for residential development within the
PUD/SPA, the Applicant may seek and obtain building permits for the
construction of up to twenty percent (20%) of the residential units prior to
the recordation of the subdivision plat(s) for the residential lots.
H. Landscaping and Tree Protection.
For the Single Family Residential and Golf Course uses, tree protection during
development will be governed by Section 656.1204 et seq. of the COJ Zoning
Code. Landscaping will be governed by the design standards in Section 24-176 et
seq. of the COAB Ordinance Code. In tree protection efforts and landscaping
design, maintenance of existing trees or re-planting of trees on site shall be
preferred to mitigation.
For the Clubhouse/Recreational Amenities use, landscaping and tree protection
will be provided in accordance with Section 24-176, et seq. (landscaping) and Part
II, Chapter 23 (tree protection), COAB Ordinance Code.
Parking.
For the Clubhouse/Recreational Amenities and Golf Course uses,parking shall be
provided in accordance with Sections 24-161 and 24-162, COAB Ordinance
Code.
J. Sidewalks/Pedestrian Circulation.
For the Single Family Residential and Golf Course uses, sidewalks and pedestrian
circulation will be provided in accordance with the COJ Comprehensive Plan and
Code of Subdivision Regulations. In particular locations, sidewalks may
accommodate golf carts. As provided in Section III.E.4 above, pedestrian access
to Dutton Island Road East may be secured.
For Clubhouse/Recreational Amenities uses, sidewalks and pedestrian circulation
will be provided in accordance with Part II, Chapter 19, COAB Ordinance Code.
K. Restrictive Covenants.
Restrictive covenants will be recorded prior to the sale of Single Family
Residential lots to provide for thematic consistency and for the review of
individual building plans by an architectural review board.
L. Owners' Association
An owners' association will be established to maintain common areas.
M. Golf Cart Usage and Circulation.
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Notwithstanding any COJ or COAB Ordinance Code provisions to the contrary,
golf carts may be used on all internal roadways and sidewalks within the
PUD/SPA. Unless otherwise lawfully permitted,no golf cart shall be used on
Selva Marina Drive.
N. Supplementary Regulations.
For the Single Family Residential and Golf Course uses,to the extent not
otherwise addressed herein, any matters addressed in Part 4, Subpart B
"Miscellaneous Regulations" of the COJ Zoning Code shall be governed by such
provisions.
For the Clubhouse/Recreational Amenities use,to the extent not otherwise
addressed herein, any matters addressed in the Part II, Chapter 24, Article III,
Division 7 "Supplementary Regulations" COAB Ordinance Code, shall be
governed by such provisions..
O. Site Development Data
Total acreage 169.02 Acres
Allowable uses, by acreage:
Single Family Residential Max. Acres
180 34.44
units COJ--
34.36
COAB-
-0.08
Number and Type of Dwelling 80' min. Min. Max.
Units by Each Type width 15 units 45
units
70' min. Min. Max.
width 10 units 40
units
60' min. Min. Max.
width 25 units 60
units
55' min. Min. Max.
width 25 units 65
units
Courtyard Min. Max
0 units 30
units
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Clubhouse/Recreational Max. Acres
Amenities 6.74
Sq. ft. COJ--
0.00
COAB-
-6.74
Golf Course Acres
117.39
COJ--
91.25
COAB-
-26.14
Total amount of active recreation 124.13 acres
Total amount of passive
open space 0.0 acres
Amount of public and private right-of-way 10.45 acres
Maximum impervious surface Single Family Residential 65%
Clubhouse/Recreational Amenities 85%
IV. ADDITIONAL SECTIONS REQUIRED BY CITY OF JACKSONVILLE
A. Pre-application conference.
A pre-application conference was held regarding this application on March 7,
2013.
B. Justification for the PUD Rezoning.
As described above, Selva Marina Country Club, Inc. was incorporated in 1956 as
a for-profit corporation. The sole asset of the corporation is the Country Club,
which consists of a private eighteen-hole golf course, clubhouse,tennis courts,
and other recreational amenities. Membership in the Country Club has declined
significantly over recent years, and the Applicant desires to undertake an
extensive redevelopment of the golf course, including the construction of new
single family homes, a new clubhouse, and other associated facilities and
infrastructure. This redevelopment is essential to ensure the continued viability of
the Country Club and, further, is consistent with the surrounding zoning and
existing uses.
C. PUD/Difference from Usual Application of the Zoning Code
The PUD differs from the usual application of the Zoning Code in the following
respects: it binds the Applicant and successors to this Written Narrative and the
Conceptual Site Plan; it provides for a mix of uses which are thematically
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consistent and compatible with each other; it provides for a single regulatory
system which crosses two local government jurisdictions; it requires specific and
unique yard and patio requirements; it provides for a unique Courtyard Single
Family Homes concept; as to the Clubhouse/Recreational Amenities use, it
provides specific and unique buffer requirements; for the Clubhouse/Recreational
Amenities and Golf Course uses, it also specifically lists numerous permitted uses
commonly associated with these uses but not otherwise listed in the Code; it
provides for unique and site-specific access requirements; it provides for unique
and site-specific signage requirements; it contains unique and specific provisions
regarding construction offices and model homes; it contains unique, cross-
jurisdictional provisions regarding landscaping, parking, and sidewalks; and it
contains unique provisions regarding restrictive covenants and golf cart usage.
D. Permissible Uses by Exception.
There are no permissible uses by exception.
E. Continued Operation of Common Areas.
Regarding the intent for the continued operation and maintenance of those areas
and functions and facilities which are not to be provided, operated, or maintained
by the City of Jacksonville or other public entity: it is the Applicant's intent for
the Applicant or successor developer to operate and maintain these matters
initially and, ultimately, for an owners' association to operate and maintain these
matters in perpetuity.
F. Approximate Dates of Phases
Regarding phasing, construction of the horizontal improvements for the Single
Family Residential and improvements for the Golf Course uses shall be initiated
in approximately 2013-14 and be completed approximately in 2014-15.
Construction of single family residential units will be initiated when the market
dictates and will be completed as the market dictates. Construction of the
Clubhouse/Recreational Amenities will be initiated when needed and feasible and
will be completed within a reasonable time thereafter.
G. Names of Development Team
Developer: Atlantic Beach Partners, LLC
Planners and Engineers: Taylor & While, Inc.
Architects: None at this time.
H. Land Use Table
A Land Use Table is attached hereto as Exhibit"F."
JAX\1733919_8 -17-
AGENDA ITEM#7E
JUNE 10,2013
•
TRAFFIC STUDY FOR PLANNED
ATLANTIC BEACH COUNTRY CLUB
•
•
PREPARED BY: TRANSPORTATION•PLANNLRS ENTERPRISE, INC.
JACKSONVILLE, FLORIDA
TPE JOB NO. 13-2654 •
DATE: APRIL 12, 2013
•
AGENDA ITEM#7E
JUNE 10,2013
TRAFFIC STUDY FOR PLANNED
ATLANTIC BEACH COUNTRY CLUB
Introduction
The existing Selva Marina Country Club is planned to be redeveloped
into 169 single-family residential dwelling units and a complete redesign
of the 18-hole golf course and clubhouse. Figure 1 shows the general location
of the development. Figure 2 and 2A show aerial views of the area.
Figure 3 shows conceptual site plan.
Traffic impact is always a major concern with relatively large developments.
Hence, this traffic study focuses on:
1) the AM and PM peak hour traffic at:
a)Selva Marina Drive and Seminole Beach Road,
b)Seminole Beach Road at the five-way road intersection with Plaza Drive
and Sherry Road,
c)Selva Marina Drive at the main entrance to the Country Club - Golf Course,and
d)Mayport Road at East Dutton Island Road which leads to the planned main
gated entrance for the Atlantic Beach Country Club residential development) .
Transportation Planners Enterprise, Inc. (TPE) was retained to:
1) estimate the AM and PM peak hour traffic generation, 2) estimate the average
trip distribution to adjacent roads during this peak hour and 3) determine if
any traffic safety and intersection improvements will be needed due to the
development's traffic impact.
2013 AM and PM Peak Hour Traffic
TPE's initial major work effort was to conduct peak period traffic surveys
at the above four mentioned intersections. AM counts were made during 7:00-8:45
while PM counts were made from 4:00-5:45. The count at the present main
entrance to the Selva Marina Country Club and Golf Course was made during
3:15-5:45 PM. No AM surveys were made at the Country Club or at Mayport Road
and Dutton Island Road.
1
AGENDA ITEM#7E
JUNE 10,2013
•
and at the Seminole Beach Road five-way intersection at Plaza Drive and
Sherry Road. Hence, TPE'a 2007 PM peak period traffic count is shown.
This is more consistent with the above referenced 2013 counts.
PM peak hour traffic on Selva Marina Drive totaled 161 (L.O.S. "B")
while Seminole Beach Road traffic totaled. 618 south of Selva Marina
(L.O.S."C").
Figure 7 provides the April 10, 2013 7:30-8:30 AM peak hour traffic
• entering and exiting the five-way intersection of Seminole Beach Road,
: Plaza Drive and Sherry Road. 818 vehicles entered the intersection during
• the AM peak hour. The primary movements were to and from Seminole Beach
, Road and to and from North Seminole Beach Road and Sherry Road. . • o
TPE's observation revealed very efficient traffic 'flow. (note - less
delay time'than if a traffic signal was in operation..)
• Figure 8 shows the 4:30-5:30 PM peak hour traffic movements at the
five-way intersection. 847 vehicles entered and exited during the peak hour.
Again the traffic safety and flow was very good. The highest vehicle
back-up was 8-10 vehicles on Seminole Beach Roads southbound. The end vehicle
took about 35-45 seconde to enter the intersection. The estimated average
for all 847 vehicles was 12-20 seconds.-•
Figure 9 shows the 4:30-5:30 PM peak hour traffic=survey at the existing
Selva Marina Country Club main entrance. During the 3:15-5:45 PM survey there -
were 33 inbound trips• and 38 outbound vehicle trips. During the PM peak hour,
as shown, there were 14 inbound and 26 outbound vehicle trips. The expected
PM peak hour traffic generated by the planned Atlantic Beach Country Club
clubhouse and golf course is expected to have slightly more trips than the
existing Selva Marina Country Club. It is significant to note that nearly
• 20% of the present outbound traffic uses Country Club Lane.
•
3
•
•
•
AGENDA ITEM#7E
JUNE 10,2013
On March 13, 2013, TPE conducted 4:00-6:00 PM traffic counts at
two key residential streets on Mayport Road at Dutton Island Rd. and at
Levy Road/Donner Road. In addition, a traffic count survey was also
completed at the Selva Marina Drive and Seminole Road intersection.
It should be noted that traffic to and from the Chevron gas station
and the Hardees restaurant at the corner of Levy Road is not included
in the traffic results. Figure 4 shows the 2013 PM peak hour traffic data.
A summary of the left and right-turns to and from Mayport Road for the
combined two residential streets is given below:
PM Peak Hour Inbound Traffic Outbound Traffic
Traffic From North From South To North To South
(4:30-5:30)
volume 86 236 82 133
% of total
Inbound traffic . 26.7% 73.3% 38.1% 61.9%
The PM peak hour during the two hour survey was 4:30 - 5:30. A total of
322 inbound and 215 outbound vehicle trips to and from_the two primarily
residential streets represent an estimated 500-600 homes. These trip
distribution results were used for the Atlantic Beach Country Club
residential development traffic estimated to use Mayport Road.
Figure 5 shows the AM peak hour traffic at Selva Marina Drive and
Seminole Beach Road. Traffic on Selva Marina Drive is relatively low
with a total of 129 vehicles (93 southbound and 36 northbound). The level
of service (LOS) is "B" or better. Seminole Beach Road traffic is much
higher (610) . However, the L.O.S. is satisfactory at "C."
Figure 6 shows the PM peak hour traffic at Selva Marina Drive and
Seminole Beach Road. The traffic count made on March 13, 2013(see Figure 4)
appeared low compared with TPE's traffic counts at the Country Club entrance
2
AGENDA ITEM#7E
JUNE 10,2013
Estimated PM Peak Hour Traffic
Generated by Planned
Atlantic Beach Country Club Development
TPE used the Institute of Transportation Engineers (ITE) trip generation
manual to estimate the average weekday PM peak hour traffic expected by
the development. The 169 single-family homes will average 107 inbound and
63 outbound vehicle trips during the PM peak hour according to ITE Code 210
(single-family detached housing) . During the AM peak hour, the residential
units will average 32 inbound and 96 outbound vehicle trips. The Country Club .
will be private and is expected to average 22 inbound and 28 outbound vehicle
trips during the PM peak hour. Many of these trips are expected to be made
within the development (20%) . Hence, 18 inbound and 24 outbound vehicle trips
will leave or enter the golf course during the PM peak hour. TPE assumes
that only one-third of these trips will be "new" trips. (See Figure 9) .
These golf trips are expected to use the Selva Marina Drive access.
This is the case at present.
Figures 10 and 11 show TPE's trip distribution .on Mayport Road of the
expected AM and PM peak hour traffic generated by the development at build-out,
assumed by Year 2016. In order to be conservative, TPE assumed that 33% of
the residential development traffic to and from the site will use Selva Marina
Drive. TPE believes that it will be much less (e.g. 25%) .
The estimated PM peak hour residential development traffic (40 outbound
and 68 inbound - see Fig. 11) is based on TPE's traffic counts on Mayport Road,
as mentioned earlier. 26.5% of the total inbound trips or 18. will come from
Mayport Road north and 73:5% or 50 will be from the south. The estimated
outbound trips during the PM peak hour are 15 rights north onto Mayport Road
and 25 lefts south onto Mayport Road. The existing traffic signal will be able
to accommodate these movements.
Figure 12 shows the estimated new traffic along Selva Marina Drive at the.
main entrance for the Country Club to Seminole Beach Road. As mentioned above
4
AGENDA ITEM#7E
JUNE 10,2013
. most the existing Country Club •- golf traffic generated by Selva Marina
will be included in the Atlantic Beach Country Club - golf traffic.
However, TPE assumes there will be 6 inbound and 8 outbound "new" trip`s
related to the new Country Club. As shown, an estimated 33 inbound and
19 outbound vehicle trips are estimated to be generated by the new
residential development.
• Figures 13 & 14 show the expected 2016 total traffic at the Selva
Marina Drive and Seminole Beach Road intersection. The. Year 2013 °traffic
plus the estimated new traffic generated by the planned Atlantic Beach
Country Club is shown. .
Year 2007 (previous TPE study), Year 2013 and estimated 2016 traffic
is shown below with and without the Atlantic Beach Country Club PM peak
hour traffic. '_ • '{'
A summary of the estimated 2016 PM peak hour traffic compared to
Year 2013 is given below:
Year •
2016(1) Service Volume/ '.
_.. Year Year Without With
. Road 2007 2013(4) Development Development L.O.S.
rT-r- rrr--rrr-r
1)Mayport Rd.(4--lane) .
a)north of Dutton Island Rd. •
2,912 2351 2628(4) 2,646/C 4200/C
b)•aouth of Dutton Island Rd.
3,023 2674 2755(4) 2,805/C 4200/C
•
2)Seminole Beach Rd.(2)
a)south of Selva Marina Dr. ' 618 618 637 695/C 8/0/C
3)Selva Marina Dr.(2) 161 161 161 223/B 500/C
•
Even with the development traffic, the above roads will not have traffic over
• the capacity of the roadway.
. • (1) assume 1% annual growth rate from 2013 to 2016 for non-development traffic
(2) I'M peak hour 4:30-5:30
•
5
AGENDA ITEM#7E
JUNE 10,2013
•
Figures 15 & 16 show the 2013 AM and PM• peak hour traffic and the
estimated Atlantic Beach Country Club new traffic traveling through the
five-way intersection at Seminole Beach Road and Plaza Drive. The -existing
traffic distribution to and from North Seminole Beach Road from and to
the other four roadways was used to estimate the development's traffic.
During the AM peak hour the development will add 52 new vehicle trips
through the intersection or' an increase of 6.36%. The development's 57
new vehicle trips will add 6.73% to the existing 847 entering traffic
during the PM peak hour.
The increase in traffic will average about one vehicle per minute.
Hence, the traffic impact will be very minor and is not expected to
significantly increase the average delay time per all vehicles.
Recommended Road Improvements
for Planned Atlantic Beach Country Club
Development
The following road improvements are for the new residential development.
• (1) Construction of a 2-lane east-west roadway from the development westerly
to I1ayport Road with a direct connection at the Dutton Island'Road traffic signal-. •
A left-turn lane and thru-right lane 'at Mayport Rd. will be provided along with
appropriate traffic signal modifications(e.g. cluster head, loops, retiming
operation, etc.) Design and permit application will be submitted to the
Florida Department of Transpprtation as well as the City of Atlantic Beach
.
for review and,-:approval. - •
•
•
6
•
AGENDA ITEM#7E
JUNE 10,2013
2) Construction of the development 2-lane connection to Selva Marina
Drive using the southern main entrance at the present Selva Marina
Country Club. For Selva Marina Drive; traffic safety control devices
(e.g.- signs, pavement markings, speed limit signs, etc.) will be
determined as needed for convenient and safe traffic . An improved
northbound left-turn lane for access into the new clubhouse will be made.
3) The outbound right-turn radius on Selva Marina Drive will be improved
and pavement striping may be provided to better separate inbound and
outbound traffic.
Conclusion
The planned Atlantic Beach Country Club development should be approved
by the City of Atlantic Beach and other agencies as required for design
plan approvals and permits. The expected traffic impact on Mayport Road,
Selva Marina Drive, Seminole Beach Road and at the Seminole Beach Rd. -
Plaza Drive - Sherry intersection will be minor.
•
Ckii\a Kt:25tita
Ward Koutnik, President 7 Wayne L. Oehlman, P.L.
FL 21434 Q f�2. 2d(.3
AGENDA ITEM#7E
JUNE 10,2013
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1.'• '�s i ,' ' SIZE ACCESS
■.r_ _offs o o ._��._.._.-i MAYPDRT ROAD 5ti
/
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�>• PLANNERS ENTERPRISE,IAIC, WEST DUITON ISLAND RD.
.1 , 10919 CitOSZWI0K3'ROAD •
oAClw 90.9 •ILOROA azzse PLANNED ATLANTIC BEACH FI{i1Ji E 3
•'' tvo.7.zve-17a. COUNTRY CLUB
,n
AGENDA ITEM#7E
JUNE 10,2013
•
38-° ?t$f{ Katherine/Obey ..
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.. • r , ci,
Pf PEAK HOUR TRAFFIC PINE` WY.. N �P � ,'rESIDE Ow B • ach
4:30 - 5:30 CnOSS •r w.. 6 3 •
, v..y m' CT
MARCH 13, 2013 -4...:-...- -'cuP 4 ',1.1;'_•r,' a •'
pia ort ••JrHighASS$I IN t i zK 2
1160 CYPRESSlA11d 60 �gG z +�•
MIMOSA COVE CT E S�t\'Gi I is.,, ``,'t. .7N S
44 WlLLOWCOVE CT= t i �.��... ' / T - ,'.r f 17 •!.17,,
1391 Cd+EVHDR1O.D€1�c .•,>` _, . a-" .,, of MGM
• . i 1.- PH PEAR HOUR TRAFFIC •
° fOR , � . ' 3s30 - 4:30
w . .:.-.._. ca.. 5+'■• MARCH 13, 2013
28 i PA1.14ut 11 t't^_? :sl, y 1P •
( + 2 9 -.• —'o , ",. c14 hi•,BEACHDR ..,,,,.4•5'4.4 �/\
27 336 -- ' , .v p `•v Oe ,�.
5 SF . l p� W SeIVaMarini �,,,,_ f-e 14.
•!t•fut. v 6 SORglxr tert�.. Q am
Country ChM .• I :tu •• . --0 ss:`' 1.8 tip•7111,5 1126 ` 000114 DRS i:' a �j �o•53
'DUTTON ISLAND RD. Jy8 r' S �,, -,.tASD it LIN�*- p1;�' 'SAVE 72Y. y,,.
L� ^' f • -4i,'• ,, 75
1395 +4 i P GatxT rg:u„rt i' 180
•1279 uv A'' �:;.' s r u •
Ds •7'> /n.x *' 1.-'Htto 4 g r v � sT 229
1.FORSYEHGT , -'_' '° �-'' M '� °t� 1 ST 255
31 . .. �'` - t 6 T
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7 4 {l .`1_ 4 ,c `Ly S ' .i,G., ‘,4.rte 1 _ ._ ;each
s •'F$ n _ • � , ,' L.` j ,
83 �t ..,;41141.4'. t+ �y `
PM PEAK HOUR •t's• Y7ZH'7r 't,, 1 6\— ��_ .. 3RDpi. 1
TRAFFIC #� S „:r 1d9 _ v,, ,Cr �:_4.'s
MIS 11C '..1.r»
4:30 - 5:30 2 Nq - ..._....`._..4. � r Bea . •iST 'ST
MARCH 13, 2013 0 „r qr, • k: -
t •,., 4t Ha117D 4't'C T ,ST
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r <_. °cg Fnp yr: �,�"�' RAYS �• •..•. ,F�
!s rt 117 $ , r • . 4r' ,,�y,� •
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TRAtTais R?ATI JN 4:30 -- 5:30
p1ANNE;- E:_-1,;1S
- :-os MARCH 13, 2013
JAYNii40,,_4.. A pass (� �^ Aw
{4� ;3'6,-S'2jJ4, ,' FIGURE 4
AGENDA ITEM#7E
JUNE 10,2013
•
CIS 1•
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_..• .PLANR TRANSPORTATION ENT PIS SE, 1NC, "� 2013 AM PEAK HOUR TRAFFIC •
1"077V, baos$WIOKs ROAD I FIGURE 5
JAOK®ONVIU.L FLORIDA 922¢6
(904) it96-1/04
AGENDA ITEM#7E
JUNE 10,2013
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.PLANNERS ENTERPRISE;. INC,
14779`bflos WIOIS ROAD
1)AOI19O14VILLE, FLORIDA 0226. FIGURE 6
... • (904) 296-1764
I .
AGENDA ITEM#7E
JUNE 10,2013
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TRANSPORTATION 2013 AM -130 1Zo'Ili rig . 4-10-13
PLANNERS ENTERPRISE; INC; PEAK HOUR TRAFFIC l f ���"'
• ions!tll99swois ROAD
• JAQK6ONVlLLR, fLQTIPM 0206. •
(906) 29671104 ,
• . FIGURE 7
AGENDA ITEM#7E
JUNE 10,2013
•
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-' LANN RS ENTERPRI£E, INQ,
. VW,.0/1988wIOI(S ROAD' PEAK HOUR TRAFFIC rim teTrt'
JACKSONVILLE, FLORIDA 022E6.
(y09 216-004
FIGURE 8
AGENDA ITEM#7E
NNE 10,2013
•tL4)‘1A 11‘44 C1611146* (911:14:
•
At ..
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.PLANNERS ENTERPRISE; INC,, t,
10971. ()RQ96WIOKS ROAR l FIGURE 9
JA0H3O/VII 11E, FLORIDA 5220.
(904) 296.1704
AGENDA ITEM#7E
JUNE 10,2013
•
• MAYPORT RD. •
. 32- . .-
'
- TO SELVA MARINA DRIVE
•
•
• FROM SELVA MARINA DRIVE
•
DUTTON ISLAND RD.• _ .
• ,
• • (6.) •
. 111/4101. ' .
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• � ) AM PEAK HOUR TRAFFIC
.
.
IN 32 .
OUT 9.61
•
•
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i
•
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TRANSPORTATION 2016 AM. PEAK HOUR TRAFFIC •
•PLANNaf4S LNT6RPRIOg;. INO, ATLANTIC BEACH COUNTRY CLUB.
1'O771.b 19$ WlCks ROAD '
JAOKBONVILLE, FLORIDA 32266 s FIGURE 10
(904) 296-1704 •
•
AGENDA ITEM#7E
JUNE 10,2013
MAYPORT RD. ... •
. � . TO SELVA MARINA DRIVE ,
. FROM SELVA MARINA DRI
• . ,
* '33
. ,. CL10/GOLF
DUTTON ISLAND RD. _
. (k8) (6) 4—
4(114 .'• . .
(;I5) �
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. moilk . ' '410 (.140. ).
•
. . . . .. tAt, r..... _____.. . . .. .
(��) PM PEAK HOUR TRAFFIC
. IN 107 •
• OUT 63 .•
•
•. .� •
.
•
x •
Tp: . r • •
TRANSPORTATION PM PEAK HOUR TRAFFIC '
.PLANNERS ENTERPRi&E,, INC, ATLANTIC BEACH COUI�T'T$.Y CLUB
i©7tq 60SBwIOks$(0A13
JACK9OHVILL2, FLORIDA 0220, • . FIGURE 11 3'
(904)296-1184 _. -
AGENDA ITEM#7E
JUNE 10,2013
4-( f00
ATLANTIC BEACH -T ,
COUNTRY CLUBC vii\(1) ((o . . •
• q � �S3 .
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I.ANNERS ENTERPRI$E;y INO, 2016 PM PEAK HOUR TRAFFIC .
Von! ROAD 'ATLANTIC BEACH COUNTRY .CLUB FIGURE 12
JAOK9ONVH.LE, FLORIDA 322,66 i
(904) 296-1734 m . . .,
AGENDA ITEM#7E
JUNE 10,2013
flo
CIS �
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c i 3 +t o LEGEND
.. -k-11,*+4a) . **(4) ''''''"m31:4 2013 PEAK HOUR TRAFFIC
t0�• NEW RESIDENTIAL TRAFFIC
(4) COUNTRY CLUB - GOLF TRAFFIC
•
E .
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• • TRANSPORTATION
• .PLANNERS ENTERPRISE,, INC,
iom. Ong8SWIOk$ROAD •
JAOKBONVILLE, FLORIDA 022,56
t5-4,
(904) 296-Ii04 .f.3a'�k.�.(0.) i-io +C4) - •ESTIMATED TOTAL 2016 FIGURE 13
. AM PEAK HOUR TRAFFIC
ATLANTIC BEACH COUNTRY CLUB TRAFFIC
AGENDA ITEM#7E
JUNE 10,2013
•
•
i`
1 1 •
. \ \ . . • k
-01 -t-I1-(l) • .
. & - (t,c3)
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if'
. o •
J �-
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o . z 1- - LEGEND
.. 4..r+(0 +q(4) . . Is 2013 PEAK HOUR TRAFFIC
31 NEW RESIDENTIAL TRAFFIC
(4) COUNTRY CLUB — GOLF TRAFFIC
I.,.
•
• ati5 • -313 t,zi (4) .
. .k..t-iv44:64 t • •
■
. . TFE -. .
._ • TRANSPORTATION ESTIMATED TOTAL 2016 •
ANNERS ENTERPRISE IN-0, .. FIGURE 14
PM PEAK HOUR TRAFFIC
1091$bd09lWEOks AQAD
,,AGKOONVluB, FLORIDA 0206 t •
(904) 296.1i'i _. -.
AGENDA ITEM#7E
JUNE 10,2013
T .. .
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//e . '�( rig +0-0
. -t-(.;IN ./..__—: "2
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P f
TOTAL TRAFFIC'ENTERING INTERSECTION
818 AM PEAK HOUR itl •
NEW TRAFFIC ADDED BY 1 4
ATLANTIC BEACH' COUNTRY CLUB t^�at ; 119+(5, � GS 1
•
t:il. . .. .. ::
:4- • . . .,. • . .
. , . .~' TRANSPORTATION . '
ESTIMATED TOTAL 2016
•PLANNERS ENTERPRISE; INC, , .
"� AM PEAK HOUR TRAFFIC • FIGURE 15
1'4i7t f7S1d9OWlOkD fiQAb "
1.1A0101ONVILLE, FLORIDA 32266
(904} 296-1134
AGENDA ITEM#'7E
TUNE 10,2013
11..x..........1 0 4:1•Ci • • . .
•
• 4 q 13+C+
Li I 511
/ .at
.4 sal
• I ) \*:'1 I. i7P. /4 A
. -rs k-tT) • F .
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13 lx...\1 (45
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TOTAL TRA.FFIC'•BNTERINt INTERSECTION
7r.1
847 PM PEAK HOUR
NEW TROPIC ADDED•BX .• . . 1,20
ATLANTIC BEACH COUNTRY CLUB
. 51 (4, 6.13X) '
f
• • TRANSPORTATION ESTIMATED TOTAL 2016 ' FIGURE 16
.PLANNERS ENTERPRISE�. 1NC, • -. ,--;
.t . • • 4 ?M;PEAK HOUR TRAFFIC
i©➢9Q alCSSWICR(S ROAD. '
- JACKSONVILLE, FLORIDA 322,68,
(904) 296-1104 -
IIoitlll..ly..
AGENDA ITEM#7F
JUNE 10,2013
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Introduction and first reading of proposed Ordinance No. 90-13-217,
related to application REZ-13-00100049, submitted by Rogers Towers,
P.A. on behalf of Selva Preserve LLC. Said ordinance seeks to rezone
approximately 7.05 acres from Planned Unit Development to Residential
Single-Family (RS-1). There are no plans for development of the property
at this time.
SUBMITTED BY: Erika Hall
Principal Planner
DATE: May 2, 2013
BACKGROUND: See attached staff report prepared for the Community Development Board
meeting of April 16, 2013.
BUDGET: No budget issues.
RECOMMENDATION: Recommend approval upon first reading of proposed Ordinance No.
90-13-217, to change the zoning classification of the subject property from Planned Unit
Development (PUD) to Residential Single-Family (RS-1), consistent with the recommendation
of the Community Development Board. (Public Hearing scheduled for regular City Commission
meeting on July 8, 2013).
ATTACHMENTS: Staff report and draft minutes from the April 16, 2013 Community
Development Board meeting, proposed Ordinance 90-13-217, and supporting documents from
the REZ-13-00100049 file.
REVIEWED BY CITY MANAGER:
May 28,2013 Commission Briefing
AGENDA ITEM#7F
JUNE 10,2013
sty`
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.C.
CASE NO REZ-13-00100049
Request to rezone approximately 7.05 acres from Planned Unit Development(PUD) to
Residential Single-Family(RS-1).
LOCATION 0 11TH STREET (NE OF INTERSECTION OF 11TH ST&LINKSIDE DR)
APPLICANT SELVA PRESERVE LLC, REPRESENTED BY T R HAINLINE, JR
DATE APRIL 16, 2013
STAFF ERIKA HALL,PRINCIPAL PLANNER
STAFF COMMENTS
The subject property consists of approximately 7.05 acres of ,.
undeveloped land and is currently part of the Selva Marina j �a >� vt.4 g
eR1�P
Country Club Residential PUD as the result of a Joint , i 06}� IFS
Venture Agreement. This action seeks to remove the -0,r a `is a
subject property from the PUD approved by Ordinance No. w- -' m W n o "u"
90-09-209, and revert to the RS-1 zoning designation as
previously approved by Ordinance No. 90-08-205. The
Future Land Use designation for the property is Residential 1 �� �µ�" `+
Low Density (RL), which is consistent with the RS-1 zoning k
classification.
gA=EALE !.. v_ LOfl4.
t g xz- Sfi) °ri�
The applicant has stated that there are no current plans to d rt.
AE HV EYl
develop the property. However, any future development � �"
wuxraYCws
)UDIfY ' WOLEY , ¢N
plans will have to comply with all subdivision and land
development regulations, such as platting; provision of J° x°EE"
infrastructure, including roads, water and sewer lines, and
stormwater facilities; as well as compliance with L, '""`"
environmental mitigation for tree and vegetation removal,
uM
and wetland impacts, and RS-1-specific lot standards.
Q,a. lA/ iS EvEDENt � e.
REQUIRED ACTION a o,� o °"M EE`° ` �
Upon finding the request is consistent with the Comprehensive Plan,the Community Development Board should
make a recommendation to the City Commission to approve the change in zoning classification of the subject
property from PUD to RS-1.
Page 1 of 1
AGENDA ITEM#7F
JUNE 10,2013
REZ-13-00100049
Rezone of Selva Preserve Property from PUD to RS-1
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AGENDA ITEM It 7F
JUNE 10,2013
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board
................
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I' I R II f I X111 1�1 li 1:i
I�1 171 1 I{.
a .
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
April 16, 2013
1. CALL TO ORDER.-6:07pm
Chair Brea Paul verified the presence of a quorum with then attendance of Jason Burgess,
Kelly Elmore, Kirk Hansen, Brea Paul, ancr Patrick Stratton.: The meeting was called to
order at 6:07pm. Also present were NS Mayport Liaison and ex-officio board member
Matt Schellhorn, Principal Planner Erika;i`Hall, and Building and Zoning Director Michael
Griffin. Board members Harley Parkes and Sylvia Simmons were absent.
2. ADOPTION OF MEETING MINUTES,-MARCH 19;:;20,13.
Ms. Paul called for a motion to :approve the minutes of the March 19, 2013 regular
meeting. Mr. Hansen moved that;minutes be approvedeas written. Mr. Elmore seconded
the motion and it carried by a vote of 5-0
3. OLD BUSINESS:None.
4. NEW BUSINESS
A. ZVAR-13-00100047,42East Coast DriveT(Shoppes of Lakeside,Inc)
Request for variance from Section 24 161(f)(3), to allow non-residential off-street
parking`that backs into,a public right of way.
Staff ;Ms. Hall,°explained that the applicant is proposing to construct a
Report l two-story structure, with the first floor dedicated to parking and
the second floor dedicated to a seven thousand eight hundred ten
((7,810) square foot restaurant space, including three thousand
two hundred forty (3,240) square foot air-conditioned space, a two
,a;`thousand nine hundred seventy (2,970) square foot open-air dining
deck and a one thousand six hundred (1,600) square foot open-air
dining deck. The submitted conceptual plan shows a total of one-
hundred fifty-six (156) seats, and per Section 24-161(h)(15),
required off-street parking for restaurants and bars is one (1) space
for each four (4) seats, including any outdoor seating where service
occurs. Thus, a minimum of thirty-nine (39) off-street spaces
would be required to accommodate the proposed seating. Forty-
four (44) off-street parking spaces were shown on the submitted
parking level plan, with a total of fourteen (14) accessed directly
from, and requiring backing into the Ahern Street public right-of-
Page 1 of 17
AGENDA ITEM#7F
JUNE 10,2013
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board
way, which Ms. Hall said was contrary to the provisions of Section
24-161(f)(3) which prohibits off-street parking for all uses other
than single- and two-family residential backing into public rights-
of-way.
Ms. Hall reviewed Section 24-64(d), grounds of approval for a
variance, stating that neither (1) exceptional topographic
conditions (5) irregular shape of the property or (6) substandard
size of a lot of record, were applicable. She then focused on the
applicant's statements regarding the applicability of provisions (2),
(3) and (4).
The applicant had asserted that Section24-64(d)(2) — surrounding
conditions or circumstances impacting the property disparately
from nearby properties — was applicable because there are
seventy-five (75) existing spaces serving surrounding properties
that are.;.allowed to back onto Ahern Street. Ms Hall confirmed
there are twenty-seven (27) spaces serving the commercial uses at
Shoppes of North Shore, located directly west of the subject
property, which °`do back onto Ahern Street. However, that
development was constructed in 1990/91, and the parking plan
was approved as,part of a use-by-exception on June 26, 1989, and
later amended on February 26, 1990, more than 27 years prior to
the adoption of Ordinance No. 90-07-200 on July 9, 2007, which
enacted the provisions of Section 24-161(f)(3). The remaining
forty-two'(4 ).spaces with "direct access" to Ahern street serve
residential uses that are either single- or two-family, and thus are
exempt from the provisions of Section 24-161(f)(3), or are multi-
family or condo units that were approved and in process and/or
constructed prior to the adoption of Ordinance No. 90-07-200 in
2007;
Ms. ,Hall reminded the Board that per Section 24-64(b)(4), the
nonconforming use of adjacent or neighboring lands, structures or
buildings shall not be considered as justification for the approval of
a variance.
The applicant also claimed Section 24-64(d)(3) — exceptional
circumstances preventing the reasonable use of the property as
compared to other properties in the area — was applicable, but
failed to explain how. Ms. Hall noted the proposed use was
entirely consistent with the permitted uses allowed within the
Central Business District, but she explained that the submitted
conceptual plan exceeded the development capacity of the site.
Page 2 of 17
AGENDA ITEM#7F
Draft of the April16, 2013 regular meeting of the Community Development Board JUNE 10,2013
ft
Ms. Hall suggested that the property can still be developed to its
best and highest use, while respecting the capacity of the site, by
(1) reducing the structure size and seating capacity to the
minimum required to obtain a Series 4-COP SRX alcoholic beverage
license, being two thousand five hundred (2,500) square feet in
area and one hundred fifty (150) seats, thereby reducing the
required off-street parking to thirty-eight (38) spaces; and (2)
reconfiguring parking level design so that vehicular circulation is
maintained on the subject property, thus eliminating the need to
back into the Ahern Street aright-of-way. She projected an
alternative parking plan to demonstrate that this could be
accomplished.
Finally, the applicant claimed that Section 24-64(d)(4) — onerous
effect of regulations enacted after platting or after development of
the property or after construction of improvements upon the
property - was applicable. Ms. Hall agreed the current provisions
of Section 24-161(f)(3) were adopted after the applicant's purchase
of the subject property in 2000. However, she noted that the
applicant had previously submitted an application for a concurrent
rezone and"use-by exception on the subject property just one
month after adoption of Ordinance 90-07-200. At that time, and as
noted in the official minutes of the August 2.1, 2007 Community
Development Board meeting, the applicant acknowledged the new
parking regulation and committed to complying with it. She said
the current Board should have the same expectation that the same
client would work within the same regulations today.
Ms. Hall then reviewed applicable provisions of Section 24-64-(c) —
grounds for denial of a variance —which state no variance shall be
granted if the Community Development Board, in its discretion,
determines that the granting of the requested variance shall have
materially adverse impact upon (2) congestion of streets, or (3)
public safety, including traffic safety, risk of fire, flood, crime or
other threats to public safety. She then read the Public Safety
review comments submitted by Police Chief Michael Classey:
"We have reviewed the request for the variance referenced above.
As you know, Sec 24-161(f)(3) specifically prohibits constructing
parking spaces which require drivers to back up into the public
right-of-way. The applicant characterizes Ahern Street as more of a
"service alley". While a vehicle volume study was not able to be
completed due to the very short turnaround time of the
evaluation, the police department does not concur with this
Page 3 of 17
AGENDA ITEM#7F
Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board JUNE 10,2013
description. While not to the level of a thru street such as
Seminole or Sherry, Ahern Street is a heavily traveled roadway. It is
used for much more than accessing the existing parking spaces as
the applicant contends and serves as a cut thru between Sherry,
East Coast, Ocean and Beach. Any parking plan that would cause
vehicles to back out into the roadway would create an unnecessary
hazard that could not be supported from a public safety
standpoint."
Ms. Hall concluded, reminding::the Board that also according to
Section 24-64(c), variances shall not be granted solely for personal
comfort or convenience, fOr relief from financial circumstances or
for relief from situations created by the property owner.
Applicant Richard Trendel, .Petra Management, Inc (2440 Mayport Road)
Comment spoke on behalf of the applicant and reiterated the applicant's
claim that the parking proposed`'to back onto Ahern Street was
consistent existing parking serving other properties which abut
Ahern Street'.
Public No one from.the audience came forth to give comment on the
Comment
request.
Board Mr. Elmore stated that while he would love to see something
Discussion .developed on the sit ,which had long been an eyesore, he could
not support; this variance request. He disagreed with the
characterization of Ahern as a service alley, and he complimented
staff for';illustrating that parking requirements could be sufficiently
:`Met on-site.and without backing into the public right-of-way.
Mr Stratton agreed, noting that the alternative plan drawn by staff
would not require a variance.
Mr :Hansen added that the subject property requires a higher
degree of compliance with the regulations due to the fact that it is
a corner property. Visibility, and thus safety, is further impaired by
the jog in Ahern Street.
Motion Mr. Hansen moved that the Community Development Board deny
ZVAR-13-00100047, a request for variance from Section 24-
161(f)(3), to allow required non-residential off-street parking that
backs into a public right-of-way, finding that there are no
surrounding conditions or circumstances impacting the property
disparately from nearby properties, but that certain other
properties were developed before the adoption of Ordinance No.
Page 4 of 17
AGENDA ITEM#7F
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013
90-07-200 and in accordance with an approved use-by-exception,
or they are exempt from the provisions of Section 24-161(f)(3) due
to the nonresidential nature of their use; finding that there are no
exceptional circumstances preventing the reasonable use of the
property as compared to other properties in the area, but that the
applicant's proposal exceeds the physical capacity of the property
and there exists alternative design scenarios that would be in
accordance with the requirements of Section 24-161(f)(3); finding
that though regulation has been enacted after the platting of the
property, it does not have an onerous effect on the future
development of the property, because it has been demonstrated
that the property can be developed to its highest and best use
while meeting the requirements of Section 24-161(f)(3); and,
finding that proposal would have a materially adverse effect on
public safety by creating traffic hazards impacting both motorized
and pedestrian traffic. Mr. Elmore seconded the motion and it
passed unanimously, 5-0,
B. REZ-13-00100048, 1600 Selva Marina Drive(Atlantic Beach Partners,LLC)
Request to rezone approximately 33.90 acres from Planned Unit Development(PUD)
to Special Planned Area (SPA).°_ The subject property is currently used as a golf
course and country club. The proposed,project is the redevelopment of the Selva
Marina Country Club facilities, including the clubhouse and recreational amenities,
which may include a pool, cabana/clubhouse, pro shop(s), health/exercise facility,
offices, tennis court(s)and/or field(s),parking,storage,and similar facilities.
Staff Mr. Elmore disclosed that he is the landscape architect of record
Report for this project, and having a financial interest, he stated he would
from debate and vote on this matter, though he would be
happy to answer any questions that the Board might have.
Mr. Hansen disclosed that he is on the Board of Directors of the
Selva.; Marina Country Club and that he has also served on an
advisory committee investigating redevelopment options for the
property. However, because he does not have a financial interest
in the project, he stated he would participate in the debate and
vote.
Ms. Hall summarized the applicant's request as being a
modification of an existing PUD, and explained that identical
documents have been concurrently filed with the City of
Jacksonville seeking the following changes: (1) Exclusion of the
Selva Preserve parcel (RE# 172027-0100, located within the City of
Atlantic Beach) from the overall project; (2) Inclusion of the
existing Selva Marina Country Club golf course parcel (RE# 169399-
Page 5 of 17
AGENDA ITEM#7F
JUNE 10,2013
Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board
0000, located within the City of Jacksonville) in the overall project;
and (3) reconfiguration of the conceptual site plan, relocating all
residential development to the center of the golf course parcel.
She stated that the current application is the pre-cursor to an
annexation initiative which would bring the golf course property
and the proposed residential development entirely into the
Atlantic Beach jurisdiction. As such, compatibility with established
development patterns and preservation of the natural
environment are significant factors to the residents of Atlantic
Beach, and there applicant has indicated that there will be a deed
restriction recorded that would designate the remaining
undeveloped golf course property as perpetual green space upon
the annexation of that property into Atlantic Beach.
She then explained that the proposed modification was consistent
with and a number of goals, objectives and policies of
the adopted Comprehensive Plan, including the Future Land Use
Element, the Recreation and Open Space Element, and the
Intergovernmental Coordination Element.
Ms. Hall projected a table,entitled "Site Summary Comparison" and
reviewed the acreage allocation in the approved Selva Marina
Country Club (SMCC) Residential PUD as well as the proposed
Atlantic Beach Country Club (ABCC) SPA/PUD. She noted the
e.:
approved SMCC Residential PUD consisted of a total of about forty-
nine (49) acres and one hundred fourteen (114) dwelling units,
the proposed ABCC SPA/PUD consists of about one hundred
sixty-nine(169) acres and a maximum of one hundred eighty (180)
dwelling units. Thus the effective density of the project will be
reduced from two and three-tenths (2.3) dwelling units per acre to
one and one-tenth (1.1) dwelling units per acre.
Ms. Hall then projected a table entitled "Development Standards
Comparison" and reviewed the approved and proposed housing
mix, as well as minimum lot standards, yard requirements,
maximum height and impervious surface standards. She noted the
approved SMCC Residential PUD consists of a mix of single and
multi-family units in a compact Neo-Traditional arrangement,
whereas the proposed modification consists only of single-family
dwellings in an arrangement more characteristic of a suburban
subdivision. She stated the lot development standards are
generally consistent with the those required by Atlantic Beach
single-family zoning districts, with the main differences being a
Page 6 of 17
AGENDA ITEM#7F
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,20I3
slight reduction in front yard setbacks, from twenty (20) feet to
fifteen (15) feet and rear yard setbacks, from twenty (20) feet to
ten (10) feet, as well as a maximum impervious surface area of
sixty-five (65) percent as opposed to Atlantic Beach's current fifty
(50) percent. However, she explained these were acceptable
deviations from Atlantic Beach standards due to the fact that the
entire residential development would be surrounded by over one
hundred seventeen (117) acres of golf course that would most
likely be preserved with a„deed restriction or conservation
easement.
Ms. Hall then explained staff had collectively identified a number
of areas of concern described in her original staff report to the
Board. She said the''applicant had met with staff and offered a
number of concessions based upon those discussions, in the form
of a revised narrative:(Exhibit D),<<submitted to staff early this day
and provided to the"'Board tonight in the form of a strike-
through/underline draft. She then addressed each of these
concerns and how,.the applicant was addressing each.
• SECTION III A.1 d: USE :;OF COURTYARD LOTS FOR
DAILY/OVERNIGHT RENTALS`. Within the City of Atlantic
Beach,:,:,eshort term rentals — being anything less than
ninety'00) days—are expressly prohibited in residential
zoning districts. Staff had recommended establishing a
maximum number of such Courtyard Lots that could be
used for short term rentals, as well as the maximum
number of guests to be allowed per unit and the
minimum stay. The applicant added language stating
that (1) the maximum number of Courtyard Lots to be
used for daily/overnight rental would be four (4) units
located within the same courtyard lot configuration; (2)
all such units shall be owned by the same entity, which
shall be the owner/operator of a hospitality business,
such as hotel(s) or resort(s), and shall be managed by an
entity with offices in Duval County; and (3) all such
units shall be subject to restrictive covenants, including
a provision such that if ownership passes from a
hospitality business to an individual, daily/overnight
rentals shall no longer be a permitted use.
• SECTION III.A.11: "SPIRES, CUPOLAS, STEEPLES,
CHIMNEYS AND OTHER APPURTENANCES NOT
INTENDED FOR HUMAN OCCUPANCY MAY BE PLACED
Page 7 of 17
AGENDA ITEM#7F
JUNE 10,2013
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board
ABOVE THE MAXIMUM HEIGHTS". Within the City of
Atlantic Beach, height is defined as the vertical distance
from the applicable beginning point of measurement to
the highest point of a building's roof structure or
parapet, and any attachments thereto, exclusive of
chimneys only within the residential zoning districts.
Ms. Hall reminded the Board that this provision is
included in the Citye,,,Charter and is non-waiverable
within residential zoning districts, though there is a
provision for waiver:to height, for inclusion of non-
habitable architectural,`,,features on structures within
non-residential zoning districts, and the applicant could
seek such'a waiver for structures on the non-residential
clubhouse`parcel. As such, the<<.applicant revised this
section'to.conform to provisions of,Article XIV, Section
59 of the Charter of:the City of Atlantic Beach and the
definition of "height" as provided in 'Chapter 24 (Land
Development Regulations).
• SECTISN Ill-B IMPACT OF CLUBHOUSE/RECREATIONAL
AMENITIES ACTIVITIES O■ ADJACENT PROPERTIES. Ms.
Hall said that while:staff recognizes the applicant has
shown consideration for adjacent residential properties
with the :inclusion of vegetative buffers, directional
lighting and:,.lighting timers, there is still concern as to
the =::impact :,'activities held in conjunction with the
clubhouse: and recreational amenities will potentially
..have on the surrounding neighborhoods. As such, staff
suggested that perhaps hours be established both for
normal (daily) operations and for special activities
involving additional lighting and public address systems
and/or amplified music. The applicant replied that the
property already functions as a golf and country club,
and there is no anticipated change in the hours of
operation. As noted, vegetative buffers, directional
lighting and lighting timers will be regularly utilized to
temper impact upon adjacent residential properties.
Further there will be immediate compliance with any
code enforcement directives regarding complaints
received.
• SECTION III-D.1.a — DETACHED ACCESSORY STRUCTURES
— SPECIFICALLY THOSE WITHOUT A BONUS ROOM
ABOVE — MAY BE LOCATED IN A REAR OR SIDE YARD
Page 8 of 17
AGENDA ITEM#7F
Draft Minutes of the April16,2013 regular meeting of the Community Development Board JUNE 10,2013
THREE (3) FEET FROM A LOT LINE. Ms. Hall noted that
although most lots within the proposed development
back up to the golf course, there are a number of lots
which abut other lots. Within the City of Atlantic
Beach, all detached accessory structures thirty (30)
inches or greater in height are required to comply with
a minimum five (5) foot rear and side yard setback.
Staff recommended compliance with this provision.
The applicant revised this section to comply with
Atlantic Beach standards.
• SECTION III D. -LAND .CLEARING IS PROPOSED AS AN
ACCESSORt OSE. Ms. Hall that staff had had
an extensive discussion with the applicant regarding
tree removal and land clearing related to
redevelopment of the property versus that which would
be considered; normal maintenance essential to the
operation of the golf course and recreational amenities.
This provision remains as originally written, such that,
for maintenance purposes of the facilities, land clearing
remains an accessory use, subject to applicable fire
codes.and,other land:development regulations.
• SECTION 4I-E.4— PEDESTRIAN AND VEHICULAR TRAFFIC
ACCESS AT ,DUTTON ISLAND ROAD EAST "MAY" BE
SECURED INSIDE THE PROPERTY TO LIMIT ACCESS TO
RESIDENTS, OF THE DEVELOPMENT AND COMMERCIAL
TRAFFIC TO/FROM THE GOLF COURSE, CLUBHOUSE
AND RECREATIONAL AMENITIES. Ms. Hall noted that
the'securing of Dutton Island Road East access had been
a major issue in previous proposals and the approved
Selva Marina Country Club Residential PUD expressly
states that "permanent access and internal roadways
shall be designed, developed and maintained such that
the development cannot be used as a 'cut-through'
route from Selva Marina Drive to Mayport Road". She
said she had spoken with the applicant who concurred
this provision was supposed to read "shall", and it was
revised accordingly.
• SECTION III-F.7 — AN UNLIMITED NUMBER OF BANNER
SIGNS NOT TO EXCEED FIFTY (50) SQUARE FEET IN AREA
TO PROMOTE SEASONAL, CIVIC, OR COMMUNITY
EVENTS THAT OCCUR ON A TEMPORARY BASIS, AS WELL
Page 9 of 17
AGENDA ITEM#7F
JUNE 10,2013
Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board
AS FESTIVAL BANNERS PLACED ON STREET LIGHT POLES,
ARE PERMITTED. Within the City of Atlantic Beach,
banners must be registered with the City. Each
establishment or organization is limited to thirty (30)
consecutive or cumulative days per calendar year, and
the banner may neither contain an advertising message
nor hang over or extend into rights-of-way. Staff
recommended the prohibition of banners on public
property, including the.placement of festival banners on
street light poles located within the public right-of-way,
as well as a limitation on the number of events and/or
cumulative' that event banners may be displayed,
and a requirement that banners shall only be visible
internally:to the development . The applicant agreed
that banners would be permitted°pursuant to Section
17-33 and revised this`section accordingly.
• SECTION III-H PROPERTIES WITHIN THE JURISDICTION
OF TN;E,. CITY OF.. ;JACKSONVILLE (GOLF COURSE,
RESIDEN(ES).,SHALL BE:SUBJECT TO COJ LANDSCAPING
AND TREE PROTECTIONa REGULATIONS, WHILE
PROPERTIES LOCATED WITHIN THE JURISDICTION OF
THE CITY OF ATLANTIC BEACH (CLUBHOUSE,
RECREATIONAL AMENITIES) SHALL BE SUBJECT TO COAB
LANDSCAPING AND TREE PROTECTION REGULATIONS.
Ms Hall said(;staff had several concerns related to this
provision First, there was the concern that the land
within Jacksonville would be cleared according to COJ
regulations, and there would be a monetary payment to
COJ rather than replanting of trees to meet mitigation
requirements. Second, there was concern that due to
COJ's less stringent minimum tree standards — being
one (1) tree per five thousand (5,000) square feet of lot
area — as opposed to Atlantic Beach standards — being
one (1) tree per two thousand five hundred (2,500)
square feet of lot area — the new development would
have a residential tree canopy significantly different
from adjacent neighborhoods. According to the
applicant, the main reason to apply the COJ standards
for tree removal from the golf course and residential
area was to reduce the burden of mitigation that would
be associated with the many pine trees located on the
property. However, the applicant expressed a
commitment to meeting the Atlantic Beach minimum
Page 10 of 17
AGENDA ITEM#7F
JUNE 10,2013
Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board
tree standards for residential properties. Ms. Hall
reported that after a lengthy discussion, a compromise
was reached in which it was confirmed that all tree
removal, land clearing and landscaping would be
reviewed and permitted through the City of Atlantic
Beach, though the staff would apply the COJ standards
for tree removal on the golf course/residential parcel.
The language of this clarified to reflect this.
• EXHIBIT H — TRAFFIC:'STUDY FOR PLANNED ATLANTIC
BEACH COUNTRY CLUB..;.Ms. Hall said the original traffic
study prepared,by Transportation Planners Enterprise,
Inc, dated M*ch 19, 2013,focused on two intersections
only ,a Mayport Road/Dutton;: Island Road East and
Seminole ;Road/Selva Marina Drive. Staff found this
study to be faulty for three reasons (1) It assumed all
residential trafficwould utilize Dutton Island Road for
ingress/egress`and therefore did not anticipate impacts
(from residential wits) to Selva Marina Drive and
Seminole;Road; (2) It did;,,not anticipate impacts to the
intersection of .;Seminole;.. Road/Plaza/Sherry Drive,
locally oknown as "Five Way"; and, (3) It only analyzed
the PM°:.rush hour, though staff suggests a significant
impact will be on the AM movement through the Five
Way intersection. Ms. Hall reported that an updated
traffic study, <ydated April 12, 2013, was submitted and
had been<<included in the materials Board members
�9.received at the beginning of the meeting. She said this
.document addressed staff concerns as follows: (1) The
revised model dispersed thirty-three (33) percent of
residential traffic to Selva Marina Drive and sixty-seven
(67) percent to Dutton Island Road East by year 2016;
(2) New traffic counts were taken at the Five Way
intersection; and (3) New traffic counts were taken for
the AM rush hour. Ms. Hall explained that the projected
impact of the project is about a six (6) percent increase
in traffic by 2016. She then displayed a table from the
updated traffic study summarizing the estimated traffic
impacts on level of service, and noted that the overall
impact was below the established level of service for
each road, as provided in the Transportation Element of
the adopted Comprehensive Plan.
Applicant T R Hainline, Rogers Towers, PA, introduced himself as the
Page 11 of 17
AGENDA ITEM#7F
JUNE 10,2013
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board
Comment authorized agent for the applicant, which he said was a team of
local builders and developers with a great track record. He
thanked staff for the detailed and thorough review of the project,
and said he now wished to provide the Board with a broad view of
the goals the applicant wished to accomplish, namely (1) to
maintain the viability of the club; (2) to maintain the value of the
land; and (3) to maintain the natural environment, particularly the
viewsheds, important to this community.
Mr. Hainline noted that the proposed development represents a
dramatic change from the approved PUD, in which all the density
was loaded into less than aquarter of the land of the new project,
but it is the applicant's desire to create a development that is
consistent with the existing character of Atlantic Beach. He
emphasized that the proposal consists of three distinctive uses —
single family residences, the golf�acourse, and the clubhouse and
recreational amenities. He reiterated the applicant's commitment
to adequate buffers, secured access and a residential tree canopy
consistent with adjacent neighborhoods, and he emphasized the
updated traffic study's finding that levels of service on impacted
roads would remain acceptable.
Mr. Hainline then;:;addressed a citizen concern regarding drainage
that was heard at a community meeting held the previous Tuesday
�y(April 9; 2013). He explained that drainage will be reviewed by at
three'agencies the City of Atlantic Beach, the St Johns River
Water Management District, and the Florida Department of
Environmental Protection — and that the development would
comply with all pre-/post-development requirements. Stormwater
facilities will be added to accommodate all runoff associated with
residential development and the as part of the golf course
redesign, the property will be graded and treatment basins will be
incorporated. He emphasized that stormwater runoff cannot be
added to the creek or adversely impact the storage capacity of the
creek.
Mr. Hainline then discussed annexation, stating that it is the
applicant's intent to seek annexation of the golf course and
residential properties into the City of Atlantic Beach. He said that
submittal of this concurrent rezone request to both jurisdictions is
the first step. The submittal of an interlocal agreement to each
jurisdiction will be an intermediate step.
Mr. Hainline concluded, emphasizing the applicant's commitment
Page 12 of 17
AGENDA ITEM#7F
JUNE 10,2013
Draft Minutes of the April/6,2013 regular meeting of the Community Development Board
to continue working with staff and residents to meet the
overarching goals of the project (1)to maintain viability of the club;
(2) to maintain the value of the land; and, (3) to maintain the
natural environment, particularly the viewsheds, important to this
community.
Public James Wheeler (1404 Linkside Drive) stated he was concerned that
Comment there would be increased traffic utilizing 11th Street and Donner
Road as a cut-through between.Seminole Road and Mayport Road.
Cindy Cain (1945 Francis Avenue) questioned how Dutton Island
Road East, which is now essentially one lane width, would be able
to accommodate traffic from the development. Ms. Paul invited
Mr. Hainline to respond, and he verified that Dutton Island Road
East will be improved to City of Atlantic Beach standards, with a
minimum pavement width of twenty (20) feet and secured access.
Janet Allen (1007 Big Pine Key) also expressed concern regarding
increased cut-through traffic on 11th Street, and she asked why the
applicant desired short term stays the development. Mr.
Hainline said that the inclusion of the short term units was to
provide an option to collaborate with an established
resort/hospitality provider. Mr. Elmore elaborated, stating that the
overnight stay concept is part of the rebranding of the club. He
said that One Ocean had expressed a desire to market golf junkets,
and it is seen as a unique opportunity to benefit both the club and
local businesses
Mary Kring (1580 Selva Marina Drive) asked what else could be
developed on the property according to this Special Planned Area
zoning, and if it is only single-family, why not change the zoning
district classification of the property to one of the conventional
single-family zoning districts. Mr. Hainline responded that the
portion of the project currently within the City of Atlantic Beach is
to be redeveloped with a new clubhouse and recreational
amenities, that there will be no residential units on this property
(other than the one existing house on the parcel to the north of
the clubhouse parcel). He continued, explaining that in a Special
Planned Area, as in a Planned Unit Development, the narrative and
the site plan are binding. What is constructed must conform to
what is shown on the site plan and what is described in the
narrative.
Father Mark Water (1243 Linkside Drive) inquired about the
proposed Dutton Island Road East access and expressed concern
Page 13 of 17
AGENDA ITEM#7F
JUNE 10,2013
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board
regarding increased cut-through traffic on 11th Street and Parkside
Drive, noting that most people try to avoid Five Way. Mr. Hainline
responded that the Dutton Island Road East access will be privately
owned and maintained, and that it will be a secured ingress/egress
for residents and commercial (vendor)traffic only. He added that if
staff felt the traffic study needed to be revised to include impacts
to 11th Street, the applicant would certainly comply.
Monica Hayes (Sevilla) concurred that traffic generally backs up a
block or more at the Five Way intersection during rush hour, and
most especially during the morning when the school traffic
controls are activated. She then asked if consideration had been
given as to the number of children this development would
generate, thus increasing the traffic with a school destination
during the morning rush hour. Ms. Hall told the Board that certain
demographic and destination ,assumptions are built into
transportation models, and thus the estimated number of trips
provided in the traffic study takes into account these concerns.
Board Mr. Stratton asked what the impact on the project would be if the
Discussion golf course :;Was not annexed into Atlantic Beach. Ms. Hall
responded that the annexation was separate action and there
wouldnot be any change in how the land was developed, whether
the golf course and residential parcels were located in or out of
:Atlantic Beach. She reminded the Board that identical documents
including both narrative and site plan — were submitted to both
the City of Jacksonville and Atlantic Beach.
Mr. Burgess summarized the differences in what is now approved
versus what is proposed, stating that the most striking differences
are (1) the change the boundaries and acreage, which is now four
times;greater the adopted plan, but which also reduces the overall
density of the project; (2) the relocation of the residential
development to the center of the golf course to create a more
conventional residential golf community; and (3) the elimination of
multi-family housing.
Motion Mr. Stratton moved that the Community Development Board
recommend approval of the Atlantic Beach Country Club SPA
(Application REZ-13-00100048) to the City Commission, being a
change in zoning district classification from Planned Unit
Development (PUD) to Special Planned Area (SPA) for lands
described within said application, approving the site development
plan and adopting the application and supporting documents, and
Page 14 of 17
AGENDA ITEM#7F
Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board JUNE 10,2013
all terms and conditions as set forth therein, subject to conditions
enumerated, and provided the following findings of fact: (1) The
request for rezoning has been fully considered after public hearing
with legal notice duly published as required by law; (2) The
rezoning to Special Planned Area is consistent with the
Comprehensive Plan and the Future Land Use Designation of
Residential, Low Density; (3) The rezoning is consistent with the
Land Development Regulations, specifically Division 6, establishing
standards for Special Planned Areas; (4) The rezoning and the site
development plan are consistent with the stated definition, intent
and purpose of Special Planned Areas; and, (5) The zoning district
classification of Special Area, and the specific uses and
special conditions as %'set forth herein, are consistent and
compatible with surrounding development.e=Mr. Burgess seconded
the motion and it passed unanimously, '4 0, with Mr. Elmore
abstaining due to his previously stated conflict of interest.
C. REZ-13-00100049,0 11th Street(Selva Preserve,LLC)
Request to rezone approximately 7.05 acres from Planned Unit Development (PUD)
to Residential Single Family (RS 1). = The subject property is currently part of the
Selva Marina Residential PUD as the result of a Joint Venture Agreement. This action
seeks to remove the subject property from the PUD approved by Ordinance No. 90-
09-209 and revert to,the RS-1 zoning designation as previously approved by
Ordinance No. 90-08-205.
staff Ms. Hall reported that this request is incidental to the previous
Report application and should be viewed as merely an issue of
housekeeping. She explained this parcel came to be part of the
Selva Marina Residential PUD in 2009 as the result of a
Joint Venture Agreement. However, that venture was not realized
and the owners of this parcel are not partners in the Atlantic Beach
Country Club SPA request. Because this parcel is less than ten (10)
acres in area, and thus does not meet the minimum area
requirements of a PUD, it must be rezoned. Because the owners of
this parcel do not currently have plans to develop this parcel, they
have asked that the zoning simply revert to the previous
classification, Residential Single-Family (RS-1).
Applicant T R Hainline, Rogers Towers, P A, stated he was the authorized
Comment agent for the applicant in this request also. He concurred with
staff's assessment that this request was a matter of housekeeping,
stating this property alone does not meet the minimum area
requirements to be considered as a Planned Unit Development,
and thus must be rezoned. He added the RS-1 zoning is consistent
and compatible with surrounding lands, and any future
Page 15 of 17
AGENDA ITEM#7F
JUNE 10,2013
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board
development of the property would have to comply with all
provisions of the adopted Comprehensive Plan and Land
Development Regulations for the City of Atlantic Beach.
Public Father Mark Waters (1243 Linkside Drive) expressed concern about
Comment the impact of future development of the parcel on 11th Street and
other infrastructure including the water/sewer capacity and
sidewalks.
Janet Allen (1007 Big Pine Key) expressed concern regarding any
future development on the subject property, and questioned the
density.
Board Ms. Hall was asked to respond to the density question. She stated
Discussion that the Future Land Use Designation is Residential, Low Density,
which allows a maximum of six (6) dwelling units,per acre, or up to
forty-two (42) dwel!ings, without any consideration,being given to
environmental factors, infrastructure requirements or other
subdivision and land development regulations. However, she told
the Board that a preliminary assessment conducted when the land
was previouslyt. zoned RS-1 estimated that no more than eleven
single-family lots could be established on the parcel due to
environmental conditions.
Mr. Stratton asked how this compared with what was currently
approved for the parcel. Ms. Hall reviewed the approved Selva
Marina Country Club Residential PUD site plan and replied that the
subject parcel is shown to have a total of twelve (12) complete lots
and six (6) partial lots. However, she noted the minimum lot
standards for the RS-1 zoning district are greater, and therefore
more,restrictive, than those for the approved PUD.
Motion Mr. Burgess moved that the Community Development Board
recommend approval of Application REZ-13-00100049 to the City
Commission, being a change in the zoning district classification
from Planned Unit Development (PUD) to Residential, Single-
Family (RS-1) for lands described within said application, including
all supporting documents and information contained therein, and
all terms and conditions as set forth therein, subject to conditions
enumerated, and provided the following findings of fact: (1) The
request for rezoning has been fully considered after public hearing
with legal notice duly published as required by law; (2) The
rezoning to Residential, Single-Family (RS-1) is consistent with the
Comprehensive Plan and the Future Land Use Designation of
Residential, Low Density; (3) Development pursuant to this
Page 16 of 17
AGENDA ITEM#7F
Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,20I3
rezoning to Residential, Single-Family (RS-1) shall be consistent
with the Zoning, Subdivision and Land Development Regulations
for the City of Atlantic Beach prior to issuance of local permits
authorizing construction or site alteration; (4) The zoning district
classification of Residential, Single-Family (RS-1) is consistent and
compatible with surrounding development, in that surrounding
uses are existing single-family or future single-family residential
uses. Mr. Stratton seconded,., the motion and it carried
unanimously, with Mr. Elmore-::,abstaining due to his previously
stated conflict of interest.
5. REPORTS. None.
6. ADJOURNMENT-7:50 PM
Brea Paul, Chair
Attest
Page 17 of 17
AGENDA ITEM#7F
JUNE 10,2013
ORDINANCE NUMBER 90-13-217
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, CHANGING THE
ZONING DISTRICT CLASSIFICATION OF LANDS DESCRIBED
WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT
DEVELOPMENT (PUD) TO RESIDENTIAL, SINGLE-FAMILY
(RS-1), PROVIDING FINDINGS OF FACT, REQUIRING
RECORDATION AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby
finds that the change in zoning classification enacted by this ordinance shall provide for
orderly growth; encourage the appropriate use of land; protect and conserve the value of
property; prevent the overcrowding of land; promote, protect and improve the health,
safety, comfort, good order, appearance, convenience, and general welfare of the public
and implement the goals and objectives of the Comprehensive Plan, and
WHEREAS, a previous change in the zoning district classification of the lands
subject to this change from Residential, Single-Family (RS-1) to Planned Unit
Development (PUD) was initiated by the applicant as the result of a Joint Venture
Agreement and merger incorporating said lands into the Selva Residential Planned Unit
Development and enacted by Ordinance Number 90-09-209 on September 14, 2009, and
WHEREAS, the lands subject to this change in zoning classification were not
developed according to the Selva Residential Planned Unit Development and said Joint
Venture Agreement has since dissolved, and
WHEREAS, the lands subject to this change in zoning district classification are
not of sufficient size to meet the minimum size requirements for a Planned Unit
Development, and
WHEREAS, after required notice, public hearings were held on the 16th day of
April 2013 at 6:00 p.m. by the Community Development Board, and on the 10th day of
June 2013 at 6:30 p.m. and on the 8th day of July 2013 at 6:00 p.m. by the City
Commission to hear and enact said Ordinance.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
Ordinance No. 90-13-217/Page 1 of 3
AGENDA ITEM#7F
JUNE 10,2013
SECTION 1. The above Recitals are hereby incorporated as Findings of Fact in
support of this Ordinance, and the City Commission further finds as follows:
a. This change in zoning district classification has been fully considered after public
hearings with legal notice duly published as required by law and has met the
procedural requirements as set forth in Section 24-62 of the Land Development
Regulations.
b. The proposed rezoning to Residential, Single-Family (RS-1) is consistent with the
Future Land Use Map designation of Residential, Low Density of the City's
adopted Comprehensive Plan.
c. All development pursuant to this rezoning to Residential, Single-Family (RS-1)
and any future subdivision to create new lots shall be consistent with the Zoning,
Subdivision and Land Development Regulations for the City of Atlantic Beach
prior to issuance of local permits authorizing construction or site alteration.
d. The zoning district classification of Residential, Single-Family (RS-1) is
consistent and compatible with surrounding development in that the surrounding
uses are existing single-family or future single-family residential uses, and
recreational uses.
SECTION 2. Pursuant to this change in zoning district classification procedure,
the zoning district classification of those lands as described in the Legal Description,
attached hereto as EXHIBIT A are upon enactment of this Ordinance reclassified from
Planned Unit Development(PUD) to Residential, Single-Family (RS-1).
SECTION 3. To the extent that they do not conflict with the unique, specific and
detailed provisions of this Ordinance, all provisions of the Code of Ordinances for the
City of Atlantic Beach as such may be amended from time to time shall be applicable to
development and use of lands referenced herein except to the degree that development
may qualify for vested rights in accordance with applicable ordinances and laws.
Furthermore, notwithstanding any provisions of this ordinance, no portion of any
ordinance, building code, Comprehensive Plan or any other regulation shall be deemed
waived or varied by any provision herein.
SECTION 4. This Ordinance shall be recorded in a book kept and maintained by
the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with
Section 125.68, Florida Statutes.
SECTION 5. This Ordinance shall become effective on the date passed and
enacted by final reading. Upon the effective date of this Ordinance, the change in zoning
classification shall be recorded on the Official Zoning Map, as maintained in the Building
and Zoning Department by the Building and Zoning Director or designated
administrative official.
Ordinance No. 90-13-217/Page 2 of 3
AGENDA ITEM#7F
JUNE 10,2013
Passed on first reading and public hearing by the City Commission of the City of
Atlantic Beach this 10th day of June,2013. Passed on final reading and public hearing
this 8th day of July,2013.
Mike Borno
Mayor/Presiding Officer
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Attest:
Donna L. Bartle, CMC
City Clerk
Effective Date:
Ordinance No. 90-13-217/Page 3 of 3
AGENDA ITEM#7F
JUNE 10,2013
ORDINANCE 90-13-217
EXHIBT "A"
LEGAL DESCRIPTION
A PORTION OF SECTIONS 16 AND 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL
COUNTY, FLORIDA, BEING A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL
RECORDS VOLUME 8373, PAGE 820, OF THE CURRENT PUBLIC RECORDS OF SAID
DUVAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FOR A POINT OF REFERENCE, COMMENCE AT THE INTERSECTION OF THE
WESTERLY RIGHT OF WAY LINE OF SEMINOLE ROAD (A 100 FOOT RIGHT OF WAY AS
NOW ESTABLISHED) WITH THE NORTHERLY RIGHT OF WAY LINE OF 11TH STREET (A
VARIABLE WIDTH RIGHT OF WAY); THENCE SOUTH 83°42'00" WEST, ALONG THE
NORTHERLY RIGHT OF WAY LINE OF SAID 11TH STREET, A DISTANCE OF 300.00 FEET
TO THE SOUTHWESTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 528,PAGE 283, OF THE CURRENT RECORDS OF SAID DUVAL COUNTY,
SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 83°42'00"
WEST, ALONG LAST SAID RIGHT OF WAY LINE, A DISTANCE OF 175.00 FEET TO THE
POINT OF A CURVE, SAID POINT BEING AT THE INTERSECTION OF THE NORTHERLY
RIGHT OF WAY LINE OF SAID 11TH STREET WITH THE EASTERLY RIGHT OF WAY
LINE OF LINKSIDE DRIVE (A VARIABLE WIDTH RIGHT OF WAY) AS SHOWN ON THE
PLAT OF SELVA LINKSIDE UNIT NO. 1, AS RECORDED IN PLAT BOOK 44, PAGES 23
AND 23A OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE
ALONG A CURVE CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 25.00 FEET,AND
AN ARC LENGTH OF 39.27 FEET, HAVING A CHORD BEARING AND DISTANCE OF
NORTH 51°18'00" WEST, 35.36 FEET TO THE POINT OF TANGENCY OF SAID CURVE;
THENCE NORTH 06°18'00"WEST,A DISTANCE OF 35.00 FEET TO THE POINT OF CURVE
BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 120.00 FEET; THENCE
ALONG LAST SAID CURVE, AN ARC LENGTH OF 67.02 FEET, HAVING A CHORD
BEARING AND DISTANCE OF NORTH 22°18'00" WEST, 66.15 FEET TO THE POINT OF
REVERSE CURVE, SAID CURVE BEING CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 116.85 FEET; THENCE ALONG SAID CURVE, AN ARC LENGTH OF 28.48
FEET, A CHORD BEARING AND DISTANCE OF NORTH 31°18'00" WEST, 28.48 FEET TO
THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 24°18'00" WEST, A
DISTANCE OF 160.24 FEET TO THE POINT OF CURVE, BEING CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE ALONG SAID CURVE,
AN ARC LENGTH OF 80.52 FEET, A CHORD BEARING AND DISTANCE OF NORTH
35°50'00"WEST,79.98 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID POINT
BEING THE SOUTHERLY CORNER OF TRACT "A",AS SHOWN ON SAID PLAT OF SELVA
LINKSIDE UNIT NO. 1; THENCE NORTH 27°41'32" EAST, ALONG THE EASTERLY LINE
ORDINANCE NO. 90-13-217—EXHIBIT A
Page 1 of 2
AGENDA ITEM#7F
JUNE 10,2013
OF SAID TRACT "A", A DISTANCE OF 140.04 FEET; THENCE NORTH 74°18'00" WEST,
ALONG THE NORTHERLY LINE OF SAID TRACT "A", A DISTANCE OF 140.00 FEET;
THENCE SOUTH 83°42'00" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE
EASTERLY LINE OF LOT 80 OF SAID SELVA LINKSIDE UNIT NO. 1; THENCE NORTH
06°18'00" WEST, ALONG THE EASTERLY LINE OF SAID LOT 80, A DISTANCE OF 100.00
FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 80, SAID POINT ALSO BEING
THE SOUTHEASTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 652, PAGE 484, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY;
THENCE NORTH 11°56'50" WEST, ALONG THE EASTERLY LINE OF SAID OFFICIAL
RECORDS BOOK 652,PAGE 484,A DISTANCE OF 319.44 FEET TO THE SOUTHWESTERLY
CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 7910, PAGE
958, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE NORTH
78°03'10" EAST,ALONG THE SOUTHERLY LINE OF SAID OFFICIAL RECORDS VOLUME
7910, PAGE 958, A DISTANCE OF 386.43 FEET TO A POINT ON THE WESTERLY
BOUNDARY LINE OF SELVA MARINA UNIT NO. 4, AS RECORDED IN PLAT BOOK 30,
PAGE 28, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE
SOUTH 16°17'08" EAST, ALONG LAST SAID LINE, A DISTANCE OF 179.56 FEET TO THE
MOST NORTHERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 77, PAGES 196, 197 AND 198, OF THE CURRENT PUBLIC RECORDS OF SAID
DUVAL COUNTY; THENCE SOUTH 11°56'50", ALONG THE WESTERLY LINE OF LAST
SAID LANDS, A DISTANCE OF263.52 FEET TO THE POINT OF A CURVE TO THE RIGHT,
SAID CURVE BEING CONCAVE WESTERLY, HAVING A RADIUS OF 4235.83 FEET;
THENCE ALONG SAID CURVE, AN ARC LENGTH OF 407.45 FEET, HAVING A CHORD
BEARING AND DISTANCE OF SOUTH 09°11'25" EAST, 407.28 FEET TO THE
SOUTHWESTERLY CORNER OF SAID OFFICIAL RECORDS BOOK 77, PAGES 196, 197
AND 198; THENCE NORTH 83°42'00" EAST, ALONG THE SOUTHERLY LINE OF LAST
SAID LANDS, A DISTANCE OF 25.00 FEET TO A POINT ON THE WESTERLY LINE OF
SELVA MARINA UNIT NO. 3, AS RECORDED IN PLAT BOOK 29, PAGE 27 OF THE
CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE SOUTH 06°18'00"
EAST,ALONG THE WESTERLY LINE OF SAID SELVA MARINA UNIT NO. 3,A DISTANCE
OF 110.00 FEET TO A POINT ON THE NORTHERLY LINE OF THOSE LANDS DESCRIBED
IN OFFICIAL RECORDS BOOK 528, PAGE 283; THENCE SOUTH 83°42'00" WEST, ALONG
THE NORTHERLY LINE OF LAST SAID LANDS, A DISTANCE OF 25.00 FEET; THENCE
SOUTH 06°18'00" EAST, ALONG THE WESTERLY LINE OF SAID OFFICIAL RECORDS
BOOK 528, PAGE 283, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 7.21 ACRES,MORE OR LESS.
BEING THE SAME LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME 8373, PAGE
820 OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY, FLORIDA, LESS
AND EXCEPT THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 7910, PAGE
958 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY,FLORIDA.
ORDINANCE NO.90-13-217—EXHIBIT A
Page 2 of 2
AGENDA ITEM#7F
JUNE 10,2013
•
4x�4�"11 i�1. i i�..."� p..
APPLICATION FOR ZONING MAP AMENDMENT
(NON-PUD I NON-SPA)
City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233-5445
• Phone: (904)247-5800 • Fax (904)247-5845 • http://www.coab.us
Date File No. Wel /3- 00/6r201-N Receipt POZ Al 44 SP-q
1. Applicant's Name Selva Preserve,LLC
2. Applicant's Address 248 Levy Road,Atlantic Beach,FL 32233
3. Property Location 11th Street,Atlantic Beach,FL
4. Property Appraiser's Real Estate Number RE#172027 0100
5. Current Zoning Classification PUD 6. Comprehensive Plan Future Land Use designation RL
7. Requested Action Rezone to RS-1;see Exhibit A for explanation.
9. Size of Parcel Approx.7.21 acres 10.Utility Provider JEA
•
8. Statement of facts and special reasons for requested rezoning,which demonstrates compliance with Section 24-62 of
the City of Atlantic Beach Code of Ordinances,Zoning and Subdivision and Land Development Regulations. (Attach
as Exhibit A.)
11. Provide all of the following information:
a. List of adjacent property owners within 300 feet of the.property including name, mailing address and
Property Appraiser's Real Estate number from most recently certified tax rolls. Address two (2) legal size
envelopes to each property owner on the list. Do not include a return address. Each envelope must contain
proper postage. The order of the envelopes must match the order in which the names appear on the list.
b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner,a letter of authorization from the owner(s)for applicant to
represent the owner for all purposes related to this application must be provided.
c. Survey and legal description of property sought to be rezoned. Identify any wetlands,water bodies or other
environmental features. (Attach as Exhibit B.)
d. Required number of copies(5)
e. Application Fee($500.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: •
Signature of owner(s)or authorized person if owner's authorization form is attached:
Printed or typed name(s): T.R.Hainlinelde
i
Signature(s):
r N
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION Name: T.R.Hainline,Jr.
Mailing Address: 1301 Riverplace Blvd.,Suite 1500,Jacksonville,'FL 32207
Phone: (904)346-5531 FAX: (904)396-0663 E-mail:THainline@RTLaw.com
AGENDA ITEM#7F
JUNE 10,2013
Exhibit A
Selva Preserve was originally rezoned to residential,single family(RS-1)to permit the future
development of a maximum of 16 single family residential lots with associated roadway,drainage,
buffers and conservation areas by COAB ordinance 90-08-205,approved at final reading on May 27,
2008.In 2009,Selva Preserve and SMCC entered into a Joint Venture Agreement to develop the Cove
project and Selva Preserve was added to the SMCC PUD(original PUD approved by ordinance number
90-07-202)by ordinance 90-09-209 on September 14,2009.Ordinance 90-08-205 was repealed by that
action.
SMCC now desires to rezone the PUD as approved by ordinance 90-09-209 to a SPA by Its
application dated March 25,2013.The application of SMCC does not Include the 7.05 acres owned by
Selva Preserve,LLC. Because Selva Preserve does not qualify as a PUD on its own due to the size of the
parcel,Selva Preserve hereby requests that zoning designation revert to the RS-1 designation.There are
no current plans to develop the property.
AGENDA ITEM#7F
•
•
EXHIBIT "B JUNE 10,2013
A PORTION'OF SECTIONS 16 AND 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL •
• COUNTY, FLORIDA, BEING A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL
RECORDS VOLUME 8373, PAGE 820, OF THE CURRENT PUBLIC RECORDS OF-SAID •
DUVAL COUNTY, FLORIDA, AND BEING.MORE PARTICULARLY DESCRIBED. AS
FOLLOWS; .
FOR A POINT OF REFERENCE,.COMMENCE.AT TFIE INTERSECTION OF THE
WESTERLY-RIGHT OF•WAY.LINE OF SEMINOLE ROAD (A 100 FOOT RIGHT OF WAY •
AS NOW ESTABLISHED)_WITH:'THE NORTHERLY RIGHT OF WAY,LINE'OF 11TH
STREET (A VARIABLB_WIDTH RIGHT OF WAY); •THENCE SbUTH 83'42'00" •
. WEST, ALONG THE NORTHERLY JtIGHT OF WAY`LINE OF•SAID 1141-1 STREET, A • •
. ' DISTANCE OF,300.00 FEET TO THE SOUTHWESTERLY'CORNER OF-,THOSE LANDS
DESCRIBED IN.OFFICIAL:RECORDS BOOK 528;PAGE 283,.OF.THE•CURRENT:PUBLIC
RECORDS-OF SAID DUVAL COUNTY, SAID POINT BEING THE POINT:OF BEGINNING;
THENCE CONTINUE SOUTH,83.4.2.06" WEST, ALONG'LAST SAID'RIGHT OF WAY
UNE, A DISTANCE OF 175.00 FEET TO THE POINT OF CURVE, SAID POINT BEING AT• .,•
THE INTERSECTION OF-THE•NORTHERLY-RIGHT OF WAY LINE.OF.SAID 11TH
STREET WITH THE. EASTERLY RIGHT OF WAY LINE OF LINKSIDE DRIVE (A..
VARIABLE.,WIDTH RIGHT OF WAY) AS SHOWN ON THE PLAT-OF SELVA;LINKSIDE
UNIT-NO. 1, AS RECORDED-IN PLAT BOOK 44, PAGES 23 AND-23A, OF;THE.CURRENT
PUBUC RECORDS OF SAID DUVAL.COUNTY; THENCE ALONG A•-CURVE CONCAVE
NOFITHEASTERLY, HAVING A RADIUS OF 25.00 FEET,-AN ARC LENGTH OF 39.27'
FEET, HAVING A CHORD BEARING AND DISTANCE OF NORTH-:5118'00 WEST,.
35.36 FEET TO THE-POINT'OF TANGENCY OF SAID CURVE; THENCE-NORTH
06'18'00" WEST, A-DISTANCE OF 35.00 FEET'TO THE POINT OF CURVE•BEING
CONCAVE SOUTHWESTERLY, HAVING A.RADIUS-or 120,00 FEET; THENCE=ALONG
LAST-.SAID CURVE; AN ARC LENGTH OF-67.02-FEET;:HAVING A CHORD BEARING •
AND DISTANCE OF NORTH.22'18'00" WEST,-66:15 FEET:TO THE.POINT OF
REVERSE-CURVE, -SAID CURVE BEING C ONCAVE.NORTHEASTERLY,- HAVING A
RADIUS OF 116.85 FEET; THENCE ALONG SAID'CURVE;-..AN ARC LENGTH-OF-28.48
FEET, A CHORD BEARING.AND DISTANCE OF:NORTH.`31"18'b6"-•-WEST;..28.48-_ •
• FEET TO•THE POINT OF TANGENCY OF SAID..CIJRVE;•-THENCE. NORTH 24'1W00":
• WEST, A DISTANCE OF 160.24-FEET TO.THE POINT OF CURVE BEING CONCAVE
SOUTHWESTERLY, HAVING A-RADIUS OF 200.00 FEET; THENCE ALONG SAID
CURVE, AN ARC LENGTH OF 80.52'FEET, A CHORD BEARING AND:DISTANCE.OF
NORTH 35'50'00" WEST, 79.98 FEET TO THE POINT OF TANGENCY. OF SAID •
: •
• CURVE, SAID POINT BEING THE SOUTHERLY CORNER-OF TRACT "A", AS,SHOWN
• ON SAID PLAT OF SELVA LINKSIDE UNIT NO..1;,THENCE-NORTH 27'41'32" •
EAST, ALONG THE EASTERLY LINE OF SAID TRACT "A", -A DISTANCE OF 140.04 - -
FEET; THENCE' NORTH'.74'18'00" WEST, ALONG- THE NORTHERLY LINE OF SAID •
TRACT "A", A DISTANCE OF 140.00 FEET;. THENCE-SOUTH. 83'42'00" WEST,•A
DISTANCE OF 60.00-FEET:TO,A,POINT ON THE EASTERLY UNE OF LOT B0, OF SAID
SELVA LINKSIDE UNIT NO:. 1; THENCE .NORTH 06`18'00" WEST, ALONG THE '
EASTERLY LINE OF SAID'LOT. 80,...A DISTANCE:OF 1001-Q0'FEETcTD .THE • . •
NORTHEASTERLY CORNER- OF'SAID LOT 80, SAID•POINT ALSO BEING.-THE.
SOUTHEASTERLY CORNER_OF THOSE-LANDS-DESCRIBED IN,OFFICIAL:RECORDS
BOOK 652, PAGE-484;•O E°
F TH -CURRENT PUBLIC RECORDS;,OF SAID DUVAL•
•
COUNTY; THENCE'NORTH 11'56'50 WEST, "ALONG THE.EATERLY LINE,OF -
SAID OFFICIAL RECORDS BOOK 652; PAGE 484, A DISTANCE OF'319:44 FEET TO THE
SOUTHWESTERLY CORNER OF- THOSE LANDS DESCRIBED IN OFFICIAL RECORDS . -
j VOLUME- 7910, PAGE 958, OF THE CURRENT PUBLIC.RECORDS OF SAID DUVAL
�. • COUNTY; THENCE NORTH 78'03'10" EAST; ALONG THE SOUTHERLY LINE OF-- -
SAID OFFICIAL RECORDS VOLUME 7910, PAGE 958, A DISTANCE OF 386.43 FEET TO . .
A POINT ON THE WESTERLY BOUNDARY LINE OF SELVA.-MARINA'UNIT N0::4, AS.
RECORDED IN PLAT BOOK 30, PAGE 28, OF THE CURRENT PUBUC RECORDS OF
SAID DUVAL COUNTY; THENCE.SOUTH 16'17''08" EAST, ALONG LAST. SAID
-LINE, A DISTANCE OF 179.56 FEET TO THE MOST NORTHERLY-CORNER OF THOSE •
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK-77, PAGES:196, 197 AND-.198, OF
THE CURRENT.PUBLIC RECORDS OF SAID DUVAL COUNTY;, THENCE SOUTH. •
11'56'50"EAST, ALONG THE WESTERLY LINE OF LAST.SAID LANDS, A DISTANCE•-OF
263.52 FEET-Tb THE POINT OF A CURVE—TO THE RIGHT,.;SAID CURVE BEING,
• CONCAVE WESTERLY, HAVING A'RADIUS OF 4235;83•FEET• .THENCE ALONG,SAID •
CURVE, AN ARC,LENGTH,AF 407.45 FEET, HAVING:A' CHORD.HEARING_AND DISTANCE-
! OF SOUTH 09'11'25" EAST; 407.28.FEET TO THE SOUTHWESTERLY CORNER OF SAID •
OFFICIAL RECORDS BOOK 77, PAGES 196, 197 -AND 198; .THENCE NORTH
83'42'00" EAST, ALONG THE SOUTHERLY'LINE OF LAST-SAID- LANDS, A -
DISTANCE OF 25.00 FEET TO A POINT'ON'THE WESTERLY LINE OF•SELVA MARINA
UNIT NO. 3, AS RECORDED IN PLAT BOOK-'29, PAGE 27, OF.THE CURREC1T PUBLIC
RECORDS.OF SAID DUVAL.COUNTY;"THENCE`SOUTH 06'18'00"-EAST, ALONG- •
THE WESTERLY LINE OF SAID SELVA.MARINA' UNIT NO: 3,•A DISTANCE OF. 110.00
FEET TO A POINT--ON THE NORTHERLY-LINE-OF THOSE LANDS DESCRIBED IN
•OFFICIAL RECORDS BOOK.528; PAGE 283;.:.THENCE SOUTH 83•42'00" WEST,
ALONG THE NORTHERLY•LINE OF LAST SAID LANDS, A DISTANCE OF 25.00 FEET;
THENCE SOUTH 06'18'00 EAST,..ALONG THE:WESTERLY LINE OF SAID
. OFFICIAL RECORDS BOOK 528, PAGE 283, A DISTANCE OF 40.00 FEET TO 11-IE POINT
• OF BEGINNING, CONTAINING 7:21 ACRES, MORE OR LESS.
I BEING THE SAME LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME-8373, PAGE•
820, OF- THE CURRENT PUBLIC RECORDS OF.SAID DUVAL COUNTY, FLORIDA.
• LESS AND EXCEPT THOSE:LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME
7910, PAGE 958 OF THE CURRENT PUBLIC RECORDS•OF DUVAL COUNTY, FLORIDA.
•
AGENDA ITEM#10
ORDINANCE NO.20-13-122 JUNE 10,2013
AN ORDINANCE AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND
ENDING SEPTEMBER 30, 2013, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City
Commission approve all budgetary increases and transfers at the fund level, and
WHEREAS, the nature of budgetary systems and those day-to-day decisions affecting
such budgetary systems require adjustments from time-to-time, and
WHEREAS, the City staff was directed at the March 23, 2013 commission meeting per
approval of Agenda Item#8B, to go forward with funding for videotaping the future commission
meetings. This will requires the purchase and installation of a ale camera system and a
monthly live streaming hosting and remote switching service,and
WHEREAS durin. the Ma 13, 2013 Cit Commission meetin_ the Commission
decided to amend the •ro.osal to lower the scobe of the •ro.ect and the related fimdin 7 therefore
causin_ this .ro osed ordinance to be Presented as a first readin"on the next agenda.
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 2012/2013 Budget to be amended as follows:
— GENERAL FUND-
Expenses.
City Clerk
Capital Outlay- S7-3-1712100_ $6,000
Contract.Services- 4,675 700
Total Expenses:
Fund Balance 4$35,67.5 . <$6,711)
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this day of 2013.
Passed by the City Commission on second and final reading this day of 2013.
Mike Borno
Mayor f Presiding Officer
Approved as to form and correctness: ATTEST:
Alan C. Jensen, Esquire Donna L. Bartle,CMC
City Attorney City Clerk
AGENDA ITEM#7H
JUNE 10,2013
ORDINANCE NO. 95-13-106
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 4 ANIMALS, TO ADD A DEFINITIONS
SECTION, TO REVISE INTERFERING WITH PERFORMANCE OF
DUTIES,TO DELETE ANIMAL SHELTER OR IMPOUNDING VEHICLES
AND REPLACE WITH AUTHORITY TO ENTER PRIVATE PROPERTY,
TO REVISE CLASSIFICATION OF DOGS AS DANGEROUS, TO ADD
HABITUAL NUISANCE, REVISE ANIMAL NEGLECT, REVISE RABIES
VACCINATIONS AND TO UPDATE CITATIONS AUTHORIZED AND
PENALTIES,AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1. Chapter 4 of The Code of Ordinances of the City of Atlantic Beach, Florida,
is hereby amended to read as follows:
ARTICLE I. IN GENERAL
Sec. 4-1.Animal Control Enforcement.
The provisions of this chapter shall be enforced by the animal control officer(s),
police officer(s), and code enforcement officer(s) of the city. The powers and
authority granted under this Chapter shall be supplemental to the powers and
authority already provided for by Florida Statutes, relating to local animal control
regulations.
Sec. 4-1.1.Definitions
For the purposes of this Chapter, the following words and terms shall have the
following meanings unless the context clearly requires otherwise.
(a) Allow or Permit, in addition to their common meanings, shall also include
any failure to take reasonable proactive measures to restrict the animal
from engaging in any activity prohibited by this Chapter.
(b) Animal means any live vertebrate creature including mammals, birds,
reptiles, amphibians and fish, but not humans, and/or as defined in F.S. §
828.02.
(c) Animal control officer/authority means any individual employed,
contracted with, or appointed by the City of Atlantic Beach, for the
purpose of aiding in the enforcement of this chapter or any other law or
ordinance relating to the licensure of animals, control of animals, welfare
of animals or seizure and impoundment of animals and includes any state
or local law enforcement officer or other employee whose duties in whole
or in part include assignments that involve the seizure and impoundment
of any animal.
AGENDA ITEM#7H
JUNE 10,2013
(d) At-large means that an animal is off the property of its owner, unless
restrained by leash or tether of twelve feet or less in length, or other
physical control device, such that the animal is under the physical control
of a responsible person, and (i) the animal has entered upon the property
of another person without authorization of that person, or (ii) the animal
has entered onto public property, street or right-of-way. If the dog owner's
property whether owned or leased is located within a community
association or other common-property arrangement, it shall also be
considered off the owner's, leaser's, or renter's property if the animal
leaves the owner's curtilage and onto common property, unless such
property is clearly designated as an 'off-leash' area (i.e. Dog Park). An
animal on a retractable or other trolley leash system shall be considered at-
large if the leash is extended beyond twelve feet in length since adequate
physical control cannot be maintained over the animal.
(e) Business day means Monday through Friday but excluding official
holidays recognized by the City. Unless a provision in this Chapter
specifically refers to "business" day, any reference to "day" shall mean a
calendar day.
(f) Cat means all domestic felines.
(g) Control means the provision, ownership, care and/or custody of an animal
or animals (see "Physical Control" definition).
(h) Cruelty means any act of cruelty upon an animal as defined in Sec 4-5
and/or as provided in F.S. Ch. 828.
(i) Curtilage means the enclosed land or yard surrounding a house or
dwelling.
(j) Dog means all members of the canine family that are domesticated.
(k) Domestic means tame, usually by generations of breeding, and living in
close association with humans as a pet or work animal in such a way that
creates a dependency on humans so that the animal loses its ability to live
in the wild.
(1) Enclosure or Outdoor Enclosure means any structure with at least three
walls, a roof, and floor in adequate condition as not to endanger the safety
of the animal and as to provide necessary protection of the animal from
weather conditions. An enclosure must be properly located so that it does
not allow for standing water to pool inside the enclosure following any
weather event or other water intrusion. For pets not declared dangerous a
residence may be considered a proper enclosure; different rules as
specified in this chapter apply to a 'proper enclosure' for declared
dangerous dogs.
Page 2 of 23
AGENDA ITEM#71-1
JUNE 10,2013
(m) Harbor means the act of caring for and keeping an animal or the act of
providing a premise or residence to which the animal returns for food,
shelter or care for a period of at least ten days, or at the point where the
caregiver is providing the primary source of sustenance for the animal;
whichever time is shorter.
(n) Nuisance means any act performed or permitted to occur (including
permitted by lack of reasonable and appropriate action/control required for
prevention) which injures or prevents another from enjoying his/her legal
rights, in particular, the creation of conditions (including created by lack
of reasonable and appropriate action/control required for prevention)
leading to the excessive breeding of fleas or flies, odors or noises and
other obnoxious circumstances caused by the keeping of animals.
(o) Owner means any person, firm, corporation, or other entity possessing,
harboring, keeping, or having control or custody of an animal; a person
must be age 18 or older to be considered the legal owner of an animal. If a
person under the age of 18 is considered the custodian or caretaker of the
animal, the parents or legal guardians shall be considered, the legal owner
of the animal and responsible for all matters involving that animal. There
shall be a rebuttable presumption that the person's name appearing on the
animal's registration or radio frequency identification device (RFID),
commonly known as a "microchip," is the owner.
(p) Person means any individual person, firm, corporation or other entity. The
knowledge and acts of agents and employees of a firm, corporation or
other entity, with regard to the treatment of animals owned, in the custody
of or transported by such firm, corporation or other organization, shall be
the knowledge and acts of the firm, corporation or other entity.
(q) Physical Control means adequate domination or power to
influence/oppress the actions of the animal to prevent the animal from
engaging in biting, aggression towards people or animals, straying, being
at-large or other behaviors regulated by this ordinance or state law by the
use of a proper leash or similar device attached to an appropriate collar or
harness. To maintain physical control the animal must be on a leash not to
exceed twelve feet at its maximum extension. Animals on longer leashes
or similar devices extended beyond twelve feet shall be considered not
under physical control and may be subject to being treated as at-large for
provisions of this Chapter.
Page 3 of 23
AGENDA ITEM#7H
JUNE 10,2013
(r) Quarantine or ten-day quarantine means confining an animal for
observation of any symptoms of rabies, which confinement is typically for
a ten-day time period from the date of the bite, scratch or other potential
rabies exposure, unless a longer time period is required pursuant to State
regulations and guidelines.
(s) Rabies means an acute, fatal, infectious disease of the central nervous
system that is transmitted when the virus is introduced into bite wounds,
open cuts in skin, or onto mucous membranes.
(t) Radio Frequency Identification Device (RFID), commonly referred to as a
"microchip", a device about the size of a grain of rice encased in surgical
glass that is implanted underneath the skin of a dog, cat or other animal
that when scanned produces a unique number that identifies the animal
and its owner (if properly registered). When present, an RFID with
registration information shall be considered the primary indication of
ownership.
(u) Stray means any animal that is found to be at-large, whether lost by its
owner or otherwise, or that is on the common areas of apartments,
condominiums, trailer parks or other multi-residential premises, and that
does not have identification tag and for which there is no identifiable
owner.
(v) Sufficient Food means access to the proper food for the species of animal
on a regular, ongoing basis in quantities sufficient to maintain a regular
body weight. Animals under active, current veterinary care may deviate
from this based upon the expertise of a licensed veterinarian.
(w) Sufficient Water means access to clean, fresh, potable water of a drinkable
temperature on a regular, ongoing basis that is provided in a suitable
manner and in sufficient volume.
(x) Transporting means shipping, transporting, carrying, importing, exporting,
receiving or delivering for shipment, transportation, carriage or export.
(y) Vaccination against rabies means the proper administration of anti-rabies
inoculation or vaccination by a veterinarian licensed by the state board of
veterinary medicine.
(z) Veterinarian means an individual who is licensed to engage in the practice
of veterinary medicine in Florida.
Page 4 of 23
AGENDA ITEM#7H
JUNE 10,2013
(aa) Wholesome exchange of air means sufficient ventilation or other means of
air exchange adequate to prevent the accumulation of noxious odors and
limit airborne disease transfer and provide adequate air movement
in/through the structure.
Sec. 4-2.Interfering with performance of duties.
It shall be unlawful for any person to interfere with, resist, prevent or
hinder any animal control officer in the performance of any duty required
by this Chapter including, but not limited to, removing or attempting to
remove an animal from an animal control officers vehicle, tampering with
or removing an animal from a City of Atlantic Beach animal trap,
tampering with or destroying signs and/or other City property, interfering
with the lawful execution of the duties of an animal control officer or
interfering with the lawful impoundment of an animal. All alleged
violators of any section of this ordinance shall be required to provide
positive photo identification and accurate current residence. Violations of
the section are punishable by a fine of$500.
Sec. 4-3.Authority to enter private property.
An animal control officer is authorized to enter upon any private property that is
unfenced, or that is fenced but with a gap, opening or indentation, or with a gate
that is not closed and locked for the purpose of investigating a complaint of
violation of this Chapter or for the purpose of seizing and impounding any animal
that is stray or at-large, or as otherwise authorized by this Chapter; however, an
animal control officer is not authorized to enter a dwelling without the owner's or
the resident's permission, or without a warrant or under other
Sec. 4-4.City designated bird sanctuary, trapping, hunting, molesting, etc., of
birds prohibited; exception.
(a) The entire area embraced within the city is hereby designated as a bird
sanctuary
(b) It shall be unlawful to trap, hunt, or molest in any manner any bird or wild
fowl or to rob birds' nests or wild fowl nests; provided, that if starlings or
similar birds are found to be congregating in such numbers in a particular
locality that they constitute a nuisance or a menace to health or property,
in the opinion of the proper health authorities of the city, then the health
authorities shall meet with representatives of the Audubon Society, bird
club, garden club or humane society, or as many of the clubs as are found
to exist in the city, after having given at least three (3) days' actual notice
of the time and place of the meeting to the representatives of the clubs.
Page 5 of 23
AGENDA ITEM#711
JUNE 10,2013
(c) If as a result of the meeting no satisfactory alternative is found to abate the
nuisance, then the birds may be destroyed in such number and in such
manner as is deemed advisable by the health authorities under the
supervision of the chief of police of the city.
(d) Any violations of this section may be reported to Florida Wildlife
Conservation Commission(FWC) for further investigation/disposition.
(e) Violations of this section are punishable by a fine not exceeding $500
Sec. 4-5.Cruelty to animals.
(a) It shall be unlawful for any person to overload, overdrive, torture, torment
or deprive of necessary sustenance, food or drink, or unnecessarily or
cruelly beat, mutilate or kill any animal or cause or permit either of such
offenses to be committed.
(b) It shall be unlawful for any person to willfully and maliciously steal, kill,
wound or injure any animal which is the property of another or willfully
and maliciously administer poison to any animal or expose any poisonous
substance with intent that the same shall be taken and swallowed by any
animal which is the property of another.
(c) It shall be unlawful for any person to willfully and maliciously mistreat or
abandon any animal within the limits of the city.
(d) It shall be unlawful to carry any animal in or upon any vehicle in an
inhumane way so as not to provide for protection, safety and comfort of
the animal.
(1) It shall be unlawful to carry an animal in the back of an open
vehicle without being safely tethered to avoid injury and without
protecting the animal from extreme weather conditions.
(2) It shall be unlawful to leave an animal unattended in a vehicle in a
way that endangers the health or well-being of the animal due to heat,
cold, lack of adequate ventilation, or lack of food or water, or other
circumstances that could reasonably be expected to cause suffering or
death.
(a) A Law Enforcement Officer (LEO) or Animal Control
Officer (ACO) who finds an animal in a vehicle as
described in (1) and (2) above may enter the vehicle by
using the amount of force reasonably necessary to remove
the animal. A LEO or ACO who acts in substantial
compliance with the provisions of this section shall be
immune from civil and criminal liability; and the City shall
also be held immune from civil liability
(e) Any act, omission or neglect whereby unnecessary or unjustifiable pain or
Page 6 of 23
AGENDA ITEM#7H
JUNE 10,2013
suffering is caused, permitted or allowed to continue to an animal when
there is reasonable remedy or relief shall be considered cruelty, and is
unlawful under this section.
(f) A violation of this section is punishable by a fine of$500.
Sec. 4-6.Reserved.
Sec. 4-7.Keeping or maintaining certain animals in the city.
(a) It shall be unlawful for any person to keep or maintain horses, mules,
cows, cattle, chickens, poultry, or goats in the city, except for in special
events, as approved by the city manager.
(b) It shall be unlawful for any person to keep a hog or hogs upon any
property or premises located within the limits of the city, with the sole
exception of a bona fide, purebred miniature Vietnamese potbellied pig
which is kept for the sole purpose of providing human companionship and
which is in compliance with all other applicable provisions of this Code.
Miniature Vietnamese potbellied pigs may be kept as household pets
under the following conditions:
(1) Ownership of a pig or other swine animal as a household pet is
prohibited, except if such animal is a purebred miniature
Vietnamese potbellied pig, sus scrofa vittatus, is no younger than
six (6) weeks of age, weighs no more than one hundred twenty-five
(125) pounds, measures no more than twenty-two (22) inches in
height to be measured to the top of a front shoulder, is spayed or
neutered, is registered with a purebred registry which is recognized
as bona fide by the animal control officer and is kept as a
household pet for the sole purpose of providing human
companionship. Ownership of such an excepted pig, hereinafter
"pet potbellied pig," shall be regulated by the provisions of this
part.
(2) No household shall own or keep more than one (1) pet potbellied
pig.
(3) Every pet potbellied pig shall be maintained primarily within the
residence of its owner. No pet potbellied pig shall be kept out-of-
doors. Every pet potbellied pig may be exercised from time to time
within a securely fenced enclosure on the owner's residential
property or while under the secure physical control of the owner,
or other custodian, by means of secure leash, chain or chord.
Pursuant to section 4-24, which is hereby made applicable to this
part, no pet potbellied pig shall run at large.
4) No pet potbellied pig shall be starved or otherwise deprived of
healthful sustenance appropriate for its species and particular
nature. Depriving a pet potbellied pig of healthful sustenance for
Page 7 of 23
AGENDA ITEM#7H
JUNE 10,2013
any purpose, to include the purpose of stunting its growth of
having it conform to the weight or height provisions in subsection
(1) above, shall not constitute an exception to this provision.
Violation of this provision shall constitute an offense punishable
by a fine of five hundred dollars ($500.00).
(5) All portions of chapter 4 which pertain to dogs and cats, or to
relevant penalties, fees and time frames, and which are not
superseded by specific provisions of this part, are hereby declared
to pertain to pet potbellied pigs, as defined and regulated under this
chapter, with the following provisions:
(a) There shall be no required annual inoculation against rabies
for such pigs, but written certification by a licensed veterinarian
shall be submitted as part of every application for annual license
for a pet potbellied pig as proof that such pig has, within thirty (30)
full business days before such application, been inoculated against
and/or been blood-tested, with negative results, for pseudo rabies
and for brucellosis;
(b) Pet potbellied pigs shall be exempt from the quarantine
provisions of chapter 4, but shall be subject to the provisions of
Chapter 10D-3, Florida Administrative Code
(c) Every application for annual license for a pet potbellied pig
shall be accompanied by written certification from a licensed
veterinarian that such pig is spayed or neutered and was, within
thirty (30) days before such application is made, in compliance
with this section's age, weight and height provisions;
(d) Every application for annual license for a pet potbellied pig
shall be accompanied by a sworn affidavit signed by the applicant
to the effect that such pig is and shall be, for as long as it is owned
by such applicant and regulated under this part, the sole pet
potbellied pig owned or kept in such applicant's household;
(e) Before application for annual license for a pet potbellied pig
is made, the owner of such pig shall allow the animal control
officer a reasonable and timely opportunity to examine such pig
and its bona fides as a registered potbellied pig pursuant to
subsection (1) above for the purpose of ascertaining that such pig
is a true miniature Vietnamese potbellied pig; and
(f) The animal control officer shall have the authority to refuse
application for annual license for any pig which it deems not to be
identifiable as a true miniature Vietnamese potbellied pig.
(6) No potbellied pig regulated by the provisions of this part shall be
maintained or used as a source of food. No owner or animal shelter
shall dispose of a pet potbellied pig by use, sale, trade or gift of
Page 8 of 23
AGENDA ITEM#7H
JUNE 10,2013
such pig as a food source or as a research animal, but shall dispose
of it only by sale, trade or gift as a household pet, pursuant to this
part, by surrender to the animal control officer or to the
Jacksonville Humane Society, or by humane euthanasia to be
administered by the animal control officer, the Jacksonville
Humane Society, or a licensed veterinarian. Failure to comply with
any provision of this section shall constitute an offense punishable
by a fine of five hundred dollars ($500.00).
(7) All ordinance Code provisions and all Florida State Statutes which
pertain to cruelty to or humane treatment of animals and which are
not superseded by any specific provision of this part shall apply to
the ownership of pet potbellied pigs as regulated under this part.
Sec. 4-8.Legislative findings.
(Sections 4-8 through 4-10 consistent with F.S. 767.10--767.16.)
The legislature finds that dangerous dogs are an increasingly serious and
widespread threat to the safety and welfare of the people of this state because of
unprovoked attacks which cause injury to persons and domestic animals; that such
attacks are in part attributable to the failure of owners to confine and properly
train and control their dogs; that existing laws inadequately address this growing
problem; and that it is appropriate and necessary to impose uniform requirements
for the owners of dangerous dogs
Sec. 4-9.Injuries caused by animals.
(a) If an animal is off of the property of its owner or of the property of the
person who has custody of the animal and the animal attacks and injures
any person or other animal, the owner or person in custody of the animal
shall be guilty of a violation of this article.
(b) Violations of this section are punishable by a fine of$500.00
Sec. 4-10.Dangerous dogs.
(1) "Dangerous dog" means any dog that according to the records of
the appropriate authority:
(a) Has aggressively bitten, attacked, endangered or has
inflicted severe injury on a human being on public or
private property;
Page 9 of 23
AGENDA ITEM#7H
JUNE 10,2013
(b) Has severely injured or killed a domestic animal while off the
owner's property;
(c) Has been used primarily or in part for the purpose of dog fighting
or is a dog trained for dog fighting; or
(d) Has, when unprovoked, chased or approached a person upon the
streets, sidewalks, or any public grounds in a menacing fashion or
apparent attitude of attack, provided that such actions are attested
to in a sworn statement by one (1) or more persons and dutifully
investigated by the appropriate authority.
(2) "Unprovoked" means that the victim who has been conducting himself or
herself peacefully and lawfully has been bitten or chased in a menacing
fashion or attacked by a dog.
(3) "Severe injury" means any physical injury those results in broken bones,
multiple bites, or disfiguring lacerations requiring sutures or
reconstructive surgery.
(4) "Proper enclosure of a dangerous dog" means that the dog is securely and
humanely confined on the owner's property within a house, building,
locked pen or other enclosure that is designed to prevent the dangerous
dog from escaping over, under or through the enclosure (the "primary"
enclosure). If the dog is maintained outside, then a portion of the owner's
property must be fenced with a secured perimeter fence of sufficient
height and strength to prevent entry by the public and to prevent the dog's
escape from the owner's property if the dog escapes from the primary
enclosure. Within the perimeter fence, the dog must be humanely confined
inside a primary enclosure consisting of a locked pen, kennel or other
structure of adequate size that provides protection from the elements. The
primary enclosure must have secure sides that are securely set into the
ground or into a concrete pad, and it must have a secure top attached to all
sides. The primary enclosure must be locked at all times when the dog is
unattended by either the owner or a competent custodian eighteen (18)
years of age or older. It is not considered a proper enclosure to simply
chain, tether or otherwise tie a dog to an inanimate object, such as a tree or
post, inside a perimeter fence.
(5) "Animal control authority" means an entity acting alone or in concert with
other local governmental units and authorized by them to enforce the
animal control laws of the city, county or state. In those areas not served
by an animal control authority, the sheriff shall carry out the duties of the
animal control authority under this act.
(6) "Animal control officer" means any individual employed, contracted with,
or appointed by the animal control authority for the purpose of aiding in
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the enforcement of this act or any other law or ordinance relating to the
licensure of animals, control of animals, or seizure and impoundment of
animals and includes any state or local law enforcement officer or other
employee whose duties in whole or in part include assignments that
involve the seizure and impoundment of any animal.
(7) "Owner" means any person, firm, corporation or organization possessing,
harboring, keeping or having control or custody of an animal or, if the
animal is owned by a person under the age of eighteen (18), that person's
parent or guardian.
Sec. 4-11.Classification of dogs as dangerous; certification of registration; notice and
hearing requirements; confinement of animal; exemption; appeals; unlawful acts.
(1) (a) An animal control authority shall investigate reported incidents
involving any dog that may be dangerous and shall, if possible,
interview the owner and require a sworn affidavit from any person,
including any animal control officer or enforcement officer,
desiring to have a dog classified as dangerous. Any animal that is
the subject of a dangerous dog investigation may be impounded
with the animal control authority. If the subject dog is not
impounded, it shall be humanely and safely confined by the owner
in a securely fenced or enclosed area pending the outcome of the
investigation and resolution of any hearings related to the
dangerous dog classification. If the dog is within a private
residence and the occupant of the residence or the owner of the
suspected dangerous dog refuses to surrender it after a request by a
LEO or ACO the animal control authority may obtain, from a court
of competent jurisdiction, a warrant to seize the dog. Failure to
surrender the dog upon request of the animal control officer is a
violation of this section subject to a $500 fine and/or any
applicable criminal penalty defined in State Law. The address of
where the animal resides shall be provided to the animal control
authority. No dog that is the subject of a dangerous dog
investigation may be relocated or ownership transferred pending
the outcome of an investigation or any hearings related to the
determination of a dangerous dog classification. In the event that a
dog is to be destroyed, the dog shall not be relocated or ownership
transferred.
(b) A dog shall not be declared dangerous if the threat, injury,
or damage was sustained by a person who, at the time, was
unlawfully on the property or, while lawfully on the
property, was tormenting, abusing, or assaulting the dog or
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its owner or a family member. No dog may be declared
dangerous if the dog was protecting or defending a human
being within the immediate vicinity of the dog from an
unjustified attack or assault.
(c) After the investigation, the animal control authority shall make an
initial determination as to whether there is sufficient cause to
classify the dog as dangerous and shall afford the owner an
opportunity for a hearing prior to making a final determination.
The animal control authority shall provide written notification of
the sufficient cause finding, to the owner, by registered mail,
certified hand delivery, or service in conformance with the
provisions of Chapter 48 relating to service of process. The owner
may file a written request for a hearing within seven (7) calendar
days from the date of receipt of the notification of the sufficient
cause finding and, if requested, the hearing shall be held as soon as
possible, but not more than twenty-one (21) calendar days and no
sooner than five (5) days after receipt of the request from the
owner. Each applicable local governing authority shall establish
hearing procedures that conform to this paragraph.
(d) Once a dog is classified as a dangerous dog, the animal
control authority shall provide written notification to the
owner by registered mail, certified hand delivery or service,
and the owner may file a written request for a hearing in the
county court to appeal the classification within ten (10)
business days after receipt of a written determination of
dangerous dog classification and must confine the dog in a
securely fenced or enclosed area pending a resolution of the
appeal. Each applicable local governing authority must
establish appeal procedures that conform to this paragraph.
(e) The owner of the dangerous dog shall be responsible for payment
of all boarding fees if their dog has been impounded during the
investigation, hearing or any appeal.
(2) Within fourteen (14) days after the dog has been classified as dangerous
by the animal control authority or a dangerous dog classification is upheld
by the county court on appeal, the owner of the dog must obtain a
certificate of registration for the dog from the animal control authority
serving the area in which he or she resides, that shall include at a
minimum, the following information: name, address and telephone
number of the dog's owners; the address where the dog is harbored if
different from the owner's address; a complete identification of the dog
including sex, color and any distinguishing physical characteristics, a
color photograph of the dog. The certificate shall be renewed annually.
The annual cost for such certificate of registration shall be one hundred
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dollars ($100.00). Animal control authorities are authorized to issue such
certificates of registration, and renewals thereof, only to persons who are
at least eighteen (18) years of age and who present to the animal control
authority sufficient evidence of:
(a) A current certificate of rabies vaccination for the dog.
(b) A proper enclosure to confine a dangerous dog as defined in Sec 4-
10(4) and the posting of the premises with a clearly visible
warning sign at all entry points that informs both children and
adults of the presence of a dangerous dog on the property.
(c) Permanent identification of the dog, such as an electronic radio
frequency identification device (RFID) implantation (microchip).
(d) Liability insurance in the amount of at least three hundred
thousand dollars ($300,000.00), or a surety bond on said
dog of at least three hundred thousand dollars
($300,000.00), which bond shall obligate the owners of any
such dog to pay to the City of Atlantic Beach and to any
person injured by such dog any damages and expenses
incurred as a result of the conduct of such dog or its owners
(e) The owner is responsible for payment of all boarding fees
during the time it takes to complete these requirements. If
the owner does not comply with all requirements of this
section {(4-11(2)} within 14 days of the final case
disposition, ownership reverts to the City and the dog shall
be euthanized in an expeditious and humane manner.
Notice of the potential humane destruction of the animal
for failure to comply shall be included in the notice of final
ruling on the dangerous dog.
(f) Proof that the dog has been surgically sterilized by a veterinarian
(g) Dogs declared dangerous shall not be allowed in any off-leash dog
park within the City of Atlantic Beach.
(h) A dangerous dog declaration is permanent and may never be
removed from the dog once the determination has been finalized
and the time for all appeals has passed or the declaration has been
affirmed on appeal.
In the event the owner elects to submit proof of the required
liability insurance rather than a surety bond, then in that event the
owner must also submit proof that the owner has notified its
liability insurance company, in writing, that the owner's dog has
been classified as dangerous, together with written proof from the
insurance company that it has been so notified and that there are no
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exceptions or exclusions in the insurance policy for dog bites or
dangerous dogs.
(3) The owner shall immediately notify the appropriate animal control
authority when a dog that has been classified as dangerous:
(a) Is loose or unconfined.
(b) Has bitten a human being or attacked another animal.
(c) Is sold, given away, or dies.
(d) Is moved to another address.
Prior to a dangerous dog being sold or given away, the owner shall
provide the name, address, and telephone number of the new owner to the
animal control authority. The new owner must comply with all of the
requirements of this act and implementing local ordinances, even if the
animal is moved from one local jurisdiction to another within the state.
The animal control officer must be notified by the owner of a dog
classified as dangerous that the dog is in his or her jurisdiction
(4) It is unlawful for the owner of a dangerous dog to permit the dog to be
outside a proper enclosure unless the dog is muzzled and restrained by a
substantial chain or leash and under control of a competent person. The
muzzle must be made in a manner that will not cause injury to the dog or
interfere with its vision or respiration but will prevent it from biting any
person or animal. The owner may exercise the dog in a securely fenced or
enclosed area that does not have a top, without a muzzle or leash, if the
dog remains within his or her sight and only members of the immediate
household or persons eighteen (18) years of age or older are allowed in the
enclosure when the dog is present. When being transported, such dogs
must be safely and securely restrained within a vehicle. No dangerous dog
shall be chained, tethered or otherwise tied to any inanimate object, such
as a tree, post or building that is outside its proper enclosure.
(5) Hunting dogs are exempt from the provisions of this act when
engaged in any legal hunt or training procedure. Dogs engaged in
training or exhibiting in legal sports such as obedience trials,
conformation shows, field trials, hunting/retrieving trials, and
herding trials are exempt from the provisions of this act when
engaged in any legal procedures. However, such dogs at all other
times in all other respects shall be subject to this and local laws.
Dogs that have been classified as dangerous shall not be used for
hunting purposes
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(6) This section does not apply to dogs used by law enforcement officials for
law enforcement work.
(7) Any person who violates any provision of this section is guilty of a
noncriminal infraction, punishable by a fine of$500.00.
(8) After a determination by the City that a dog is a dangerous dog, regardless
of whether the owner has requested a hearing before the Special
Magistrate or has filed an appeal to the county court, if the owner fails to
comply with the requirements of this Chapter after proper notice has been
given, then the dog shall be impounded by the City and held pending final
determination by the Special Magistrate and subsequent appeal, if any, to
the county court.
Sec. 4-12.Attack or bite by dangerous dog; penalties; confiscation; destruction.
(1) If a dog that has previously been declared dangerous attacks or bites a
person or a domestic animal without provocation, the owner is guilty of a
misdemeanor of the first degree, punishable as provided in F.S. § 775.082
or 775.083. In addition, the dangerous dog shall be immediately
confiscated by an animal control authority, placed in quarantine, if
necessary, for the proper length of time, or impounded and held for ten
(10) business days after the owner is given written notification under F.S.
§ 767.12, and thereafter destroyed in an expeditious and humane manner.
This 10-day time period shall allow the owner to request a hearing under
F.S. § 767.12. The owner shall be responsible for payment of all boarding
costs and other fees as may be required to humanely and safely keep the
animal during any appeal procedure.
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(2) If a dog that has not been declared dangerous attacks and causes severe
injury to or death of any human, the dog shall be immediately confiscated
by an animal control authority, placed in quarantine, if necessary, for the
proper length of time or held for ten (10) business days after the owner is
given written notification under F.S. § 767.12, and thereafter destroyed in
an expeditious and humane manner. This ten-day period shall allow the
owner to request a hearing under F.S. § 767.12. The owner shall be
responsible for payment of all boarding costs and other fees as may be
required to humanely and safely keep the animal during any appeal
procedure. In addition, if the owner of the dog had prior knowledge of the
dog's dangerous propensities, yet demonstrated a reckless disregard for
such propensities under the circumstances, the owner of the dog is guilty
of a misdemeanor of the second degree, punishable as provided in F.S. §§
775.082 or 775.083.
(3) If a dog that has previously been declared dangerous attacks and causes
severe injury to or death of any human, the owner is guilty of a felony of
the third degree, punishable as provided in F.S. §§ 775.082, 775.083, or
775.084. In addition, the dog shall be immediately confiscated by an
animal control authority, placed in quarantine, if necessary, for the proper
length of time or held for ten (10) business days after the owner is given
written notification under F.S. § 767.12, and thereafter destroyed in an
expeditious and humane manner. This ten-day time period shall allow the
owner to request a hearing under F.S. § 767.12. The owner shall be
responsible for payment of all boarding costs and other fees as may be
required to humanely and safely keep the animal during any appeal
procedure.
(4) If the owner files a written appeal under F.S. § 767.12 or this section, the
dog must be held and may not be destroyed while the appeal is pending.
(5) If a dog attacks or bites a person who is engaged in or attempting to
engage in a criminal activity at the time of the attack, the owner is not
guilty of any crime specified under this section.
Sec. 4-13.Bite by a police or service dog; exemption from quarantine.
Any dog that is owned, or the service of which is employed, by a law enforcement
agency, or any dog that is used as a service dog for blind, hearing impaired, or
disabled persons, and that bites another animal or human is exempt from any
quarantine requirement following such bite if the dog has a current rabies
vaccination that was administered by a licensed veterinarian.
Sec. 4-14.Severe injury by dog; impoundment; destruction.
Whether or not a dog has been previously classified as a dangerous dog, if a dog
attacks a human, causing severe injury to or the death of the human, then an
animal control officer shall be authorized to immediately impound the dog,
placing it in quarantine, or otherwise impounding it for ten (10) business days.
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Thereafter, the dangerous dog may be destroyed in an expeditious and humane
manner. If, prior to the ten-day time period, the owner notifies the animal control
authority in writing of the owner's intent to challenge animal control authority's
decision to destroy the dog, the animal control authority shall continue to
impound the dog so long as the owner either posts bond, or pays by certified
check payable to the city the estimated costs associated with impounding the dog,
as estimated by the animal control authority. To appeal the animal control
authority's final decision, the owner must file a written request for a hearing in the
county court within ten (10) business days after the animal control authority's
final written decision to destroy the dog. The owner shall be responsible for
payment of all boarding costs, medical costs and other fees and charges associated
with the animal control maintaining the dog, regardless of the outcome of any
proceeding.
Exceptions: This section shall not apply to police dogs, and it shall not apply to
incidents when the human victim was engaging in criminal behavior, or when the
human victim provoked and/or taunted the dog into attacking.
Sec. 4-15.Abandoning animals.
It shall be unlawful for any person to abandon an animal. For purposes of this
section, it shall be considered abandonment if an animal is:
(a) Left upon or beside any street, road or other public property, or
(b) Left on private property; or
(c) If a maimed, sick, infirm or diseased animal is forsaken entirely and left to
die.
A violation of this Section shall subject the violator to a civil fine of up to
$500 per animal.
Sec. 4-16 --- 4-23,Reserved..
ARTICLE II. DOGS AND CATS*
Sec. 4-24. Running at large.
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It shall be unlawful for the owner of any dog or cat to permit or allow the dog or
cat to commit a nuisance or to be found running at large on any of the public
streets, parks, playgrounds, alleys, beaches or vacant lots in the city and such dog
or cat shall be picked up by the city or the designated authorized agent of the city
and placed in a shelter for a period of not less than three (3) days nor more than
seven (7) days, except the animal may be released sooner upon proper
identification and upon the payment of a thirty-dollar fee plus additional twenty
five dollars ($25.00) per day for the redemption of said animal. In the event any
animal has to be tranquilized with chemical capture equipment, then the
redemption fee shall be one hundred dollars ($100.00). If a dangerous dog is
impounded for running at large, then the redemption fee shall be one hundred fifty
dollars ($150.00), with an additional one hundred-dollar fee if the dangerous dog
has to be tranquilized with chemical capture equipment.
Sec. 4-25.Leashing.
No dog shall be allowed off the property of its owner unless the dog is fastened to
a suitable leash of dependable strength not to exceed twelve (12) feet in length.
Such leash must be attached to a fixed object or specifically held by a person
capable of controlling the animal. On Atlantic Beach if dog and owner are in the
Atlantic Ocean together, the dog shall be allowed to swim unleashed and then
immediately put back on the leash before returning to the beach. This does not
include walking the dog in the water.
Sec. 4-26.Damaging property.
(a) It shall be unlawful for any person who shall own or be in control or in
charge of any dog or cat, to allow or permit the dog or cat to wander or
stray upon the property of another and damage the property.
(b) If any dog or cat shall wander or stray upon the property of any person
within the corporate limits of the city and shall cause damage thereon,
proof of the damage and the identity of the dog or cat shall be sufficient to
convict the person owning or having charge of or control of the dog or cat
violating the terms and provisions of this article.
(c) It shall be a violation for any owner of a dog or cat to allow such dog or
cat to defecate on any property within the city other than the owner's
private property without immediately removing such defecation with some
sort of material, utensil, or suitable container and depositing the defecation
in a trash container. When walking a dog or cat on any property within the
city, other than the owner's property, the owner of that dog or cat shall
carry some sort of material, utensil, or suitable container with which to
dispose of the defecation.
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Sec. 4-27.1.Habitual nuisance.
(a) It shall be unlawful for the owner, or any person having temporary
custody, of an animal or animals to permit the animal(s), either willfully or
through failure to exercise due care or control , to commit a nuisance by
running at-large habitually; by chasing or running after vehicles or persons
habitually; by trespassing upon public or private school grounds
habitually; by trespassing on private property habitually and interfering
with the reasonable use and enjoyment of the property; by barking
habitually or by making other objectionable animal noises habitually; or
by doing any other thing habitually which is so offensive as to create a
nuisance.
(b) For the purpose of this section, "habitually" means at least two (2)
separate occurrences within a time period of no more than one month;
except that barking habitually, or making other objectionable animal
noises habitually, means making the sound persistently or continuously for
at least 30 minutes occurring at least three (3) separate times within a
period of no more than 30 days.
(c) This barking provision of this section shall not apply a properly permitted
animal shelter established for the care and/or placement of unwanted stray
animals, nor a properly zoned commercial boarding kennel nor a
veterinarian office.
(d) Violations of this section shall be punishable by a fine of$250 for a first
offense or a$500 fine for a second or subsequent offense within the
preceding 36 month period.
Sec. 4-28.Neglect; restraint by chaining; animal bites.
(a) It shall be unlawful for any person, whether owner, or anyone having
charge, custody or control thereof, to fail to provide an animal any one of
the following:
(1) Clean, fresh, potable water of a drinkable temperature that
is provided in a suitable manner, in sufficient volume;
(2) Sufficient, wholesome food;
(3) Adequate shelter with sufficient floor, three walls and roof
to protect the animal from the weather, extreme temperature and
direct sunlight.
(4) Sufficient exercise and wholesome exchange of air;
(5) Current and active veterinary care/treatment to prevent
suffering;
(6) Placing or confining an animal or allowing it to be confined
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in an unattended vehicle without sufficient ventilation or under
such conditions or for such a period of time as may reasonably be
expected to endanger the health or well-being of such animal due
to heat, lack of water or such circumstances as may be expected to
cause suffering, debility or death.
(a) A Law Enforcement Officer (LEO) or Animal Control
Officer (ACO) who finds an animal in a vehicle in violation
of this section may enter the vehicle by using the amount of
force necessary to remove the animal. A LEO or ACO who
acts in substantial compliance of the provisions of this
section shall be immune from civil and criminal liability;
and the City shall also be held immune from civil liability.
(b) Restraint by chaining may be used provided the following
conditions are met:
(1) The chain or tether shall not weigh more than one eighth
(1/8) of the animal's body weight;
(2) The chain or tether shall be at least ten (10) feet in length
with swivels on both ends;
(3) The chain or tether shall be attached to a properly fitted
collar or harness worn by the animal; and
(4) The animal, while restrained by chain or tether, is able to
access shelter with sufficient floor, three (3) walls, and roof to
protect the animal from the weather, extreme temperatures and
direct sunlight; and is able to access sufficient water and sufficient
wholesome food.
(5) Animal Control Officers are authorized to remove and
impound dangerous dogs and/or dogs posing a threat to public
safety from tethers where the animal is accessible by children or
the public without a secured fence or enclosure. Boarding fees will
be the responsibility of the owner of the impounded dog.
(c) No owner of any animal shall permit the animal, either willfully or
through failure to exercise due care or control, to destroy or damage the
property of another including, but not limited to, the unprovoked biting,
attacking, or wounding of another person's animal. No owner of any
animal shall permit the animal, either willfully or through failure to
exercise due care or control, to bite attack or wound a human.
(d) A violation of this section is punishable by a fine of $100 for an initial
violation; $250 for the second violation within the preceding 36 months
and $500 for a third or subsequent violation within the preceding 36
months.
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Exemption: the provisions of this section do not apply to police dogs
Sec. 4-29.Rabies Vaccinations.
(a) The owner of every dog, cat or ferret four months of age or older shall
have it vaccinated against rabies by a veterinarian. Said owner said obtain
and maintain, on an annual basis or duration of the valid vaccination,
proof, from the veterinarian who administered it, of a current rabies
vaccination. If a veterinarian administers a vaccination licensed by the
United States Department of Agriculture that is approved for three-year
duration of immunity, a dog or cat may be vaccinated at 3 to four months
of age with a booster at one year and every three years thereafter.
(1) A dog cat or ferret is exempt from rabies vaccinations if a veterinarian
has examined the animal and has certified in writing that vaccinating
the animal at that time would endanger the animal's health because of
its age, infirmity, disability, illness or other medical considerations.
An exemption under this provision that extends beyond 12 months
must be renewed annually through submission of a new exemption
letter. No exemption letter shall be deemed valid after one year from
the date it was written.
(b) In order to protect the public's health and safety, no person shall be the
owner of or have as a pet or harbor within the City a known or potential
rabies vector or high risk animal that cannot be immunized against rabies
including, but not limited to, fox, raccoon, skunk, bat and bobcat.
(c) Suspected rabies cases will be handled according to the Health Code as
established by the State Department of Environmental Health (authorized
by F.S. § 381.006).
Sec. 4-30.Citations authorized; penalties provided.
(a) The city animal control officer or his designee as approved by the city
manager shall have the authority to issue citations to those people whose
pets are found to be in violation of this article and sections herein.
(b) Violations of this article shall be punishable by fines as follows:
General: Violations of the provisions of Chapter 4, of the Atlantic Beach
City Code are hereby declared to be civil infractions for which there may
be imposed by the county court a maximum fine not to exceed five
hundred dollars ($500.00). Unless cited for a violation for which court
appearance is mandatory, anyone cited with a violation of this chapter may
pay a fine as contained within the actual section or, if no fine is listed, as
specified below in lieu of appearing in county court. The fine specified
shall be paid within the time specified below.
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If a person fails to pay the civil fine within the time prescribed on the
citation or fails to obtain a court date, or having obtained a court date, fails
to appear in court to contest the citation, then the person shall be deemed
to have waived the right to contest the citation. In such cases, final
judgment may be entered against the person in the maximum civil fine
($500.00) allowed, which shall be payable within sixty (60) days from the
date of execution of the final judgment. Alternatively, the court may issue
an order to show cause, requiring the person to appear before the court to
explain why action on the citation has not been taken. If any person who is
issued such an order fails to appear in response to the court's directive, that
person may be held in contempt of court in addition to having to pay the
civil fine, court costs, and restitution, as applicable.
(1) First offense: (The current offense is "first" offense if there
have been no other citations in the preceding thirty-six (36)
months.) Fifty dollars ($50.00); if not paid within fourteen (14)
calendar days, the fine goes to seventy five ($75.00);
(2) Second offense: (The current offense is a second offense if
there has been only one (1) previous citation within the preceding
thirty-six (36) months.) One hundred and fifty dollars ($150.00); if
not paid within fourteen (14) calendar days, the fine goes to one
hundred fifty dollars ($250.00);
(3) Third offense: (The current offense is a third offense if
there has been two (2) previous citations within the preceding
thirty-six (36) months.) Two hundred fifty ($250.00); if not paid in
fourteen (14) calendar days, fine goes to five hundred dollars
($500.00).
(4) Fourth and subsequent offenses: (The current offense is a
fourth or subsequent offense if there have been three (3) or more
previous citations within the preceding thirty-six 36 months.) Five
hundred dollars ($500) and a mandatory court appearance. For
citations involving a mandatory court appearance, the citation shall
specify that the court appearance is mandatory. If a person so cited
fails to appear within the time prescribed in the citation to obtain a
court date or having a court date, fails to appear in court, a default
judgment may be enteredagainst the person in the maximum civil
fine payable within sixty (60) days from the date of execution of
the final judgment.
(5) Anyone cited with a violation of this article who pays the
required fines and then goes three (3) years with no offenses shall
return to the status of having no prior offenses for the purposes of
this section.
(6) An additional fine of one hundred dollars ($100.00) for any
violation involving a dog or cat in heat.
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(c) A five-dollar surcharge shall be assessed and collected upon each civil
penalty imposed for violation of an ordinance relating to animal control or
cruelty as authorized by F.S. § 828.27. The proceeds from such surcharge
shall be used only to assist in paying for the costs of training for animal
control officers in accordance with the requirements of F.S. § 828.27. Said
civil penalty shall be paid to the City of Atlantic Beach.
(d) The animal control officer shall have the authority to cite the owner or any
person having custody of an animal for a violation of this article when and
only when:
(1) The officer has received from an adult witness a sworn affidavit
attesting to the animal having committed a violation pursuant to this
article; or
(2) The animal control officer or other person duly authorized to
enforce the provisions of this chapter has witnessed the commission of a
violation under this article."
SECTION 2. This Ordinance shall take effect immediately upon its final passage
and adoption.
PASSED by the City Commission on first reading this day of , 2013.
PASSED by the City Commission on second and final reading this day of
,2013.
ATTEST:
Donna L. Bartle, City Clerk Mike Borno, Mayor
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
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JUNE 10,2013
ORDINANCE NO. 5-13-59
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2 ADMINISTRATION, ART. V BOARDS AND
COMMISSIONS, DIV. 2 CODE ENFORCEMENT BOARD, TO PROVIDE
FOR JURISDICTION OF A SPECIAL MAGISTRATE FOR DANGEROUS
DOG HEARINGS,AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1. Section 2-146 (a)(1)of The Code of Ordinances of the City of
Atlantic Beach,Florida,is hereby amended to read as follows:
"Sec. 2-146. Jurisdiction.
(a)(1) City of Atlantic Beach Code of Ordinances, per Chapter 162, Florida
Statutes, except as provided in Sec. 146.1 below."
SECTION 2. The Code of Ordinances of the City of Atlantic Beach, Florida, is
hereby amended by adding a new section to be numbered Section 146.1, which section
shall read as follows:
"Sec. 2-146.1. Jurisdiction of special magistrate.
(a) A special magistrate or special magistrates shall be appointed and removed by
the city manager subject to the approval of the commission and shall have the
jurisdiction and authority to hear and decide alleged violations of the Sec 4-10.
Dangerous dogs, Sec. 4-11. Classification of dogs as dangerous; certification of
registration; notice and hearing requirements; confinement of animal; exemption;
appeals; unlawful acts. Appointment of the special magistrate shall be made on
the basis of experience and interest in the subject matter. A special magistrate
must be a member in good standing of the Florida Bar.
(b) The special magistrate shall receive such compensation as determined by
the commission.
(c) The special magistrate shall have the power to:
(1) Adopt rules for the conduct of the hearings.
(2) Subpoena alleged violators and witnesses to hearings.
(3) Subpoena evidence.
(4) Take testimony under oath.
(5) Issue orders having the force of law to command whatever
steps are necessary to bring a violation into compliance.
AGENDA ITEM#71
JUNE 10,2013
(d) The special magistrate may impose fines to cover all costs incurred
by the City in enforcing its codes. Criteria that the special magistrate
may consider include but is not limited to the following:
(1) The gravity of the incident giving rise to the Dangerous Dog
Declaration.
(2) Any previous animal control violations.
(3) Any actions taken by the dog owner to prevent or correct
aggressive behavior.
(4) The complexity and resources required to complete the
investigation.
(5) The cost and outcome of the hearing."
SECTION 3. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this 10th day of June 2013.
PASSED by the City Commission on second and final reading this day of 2013.
ATTEST:
Donna L. Bartle, CMC Mike Borno
City Clerk Mayor
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Ordinance No. 5-13-59 Page 2 of 2
AGENDA ITEM#7J
JUNE 10,2013
ORDINANCE NO. 75-13-18
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR
VEHICLES, TO ADD ARTICLE V, VEHICLES FOR HIRE, TO
INCLUDE DEFINITIONS, CLASSIFICATIONS, MANNER OF
ADVERTISING, PRINTED MATTER ON A VEHICLE,
INSPECTION, EQUIPMENT AND SAFETY REQUIREMENTS,
METERS REQUIRED, DRIVERS, ENGAGING IN CRIMINAL
ACTIVITY, SCHEDULE OF RATES, CHARGING IN EXCESS,
RATES NOT TO BE CHARGED, CITATIONS AUTHORIZED AND
PENALTIES PROVIDED, AND PROVIDING AN EFFECTIVE
DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended by adding a new article to Chapter 21, which article shall read as follows:
"ARTICLE V.VEHICLES FOR HIRE
Sec.21-75. Definitions.
Whenever used in this article, the following words and terms shall have the
following meanings:
Driver includes every individual operating a vehicle for hire either as owner,
agent, employee, or otherwise pursuant to a local business tax receipt issued as herein
provided.
Vehicle for hire shall mean all motorized vehicles defined and classified in
section.
Street shall mean and include all public streets, avenues, boulevards, alleys, lanes,
highways, sidewalks, public parks, parking roads, and other public places laid out for the
use of vehicles.
Taximeter shall mean a mechanical or electronic device which calculates and
displays a predetermined rate and indicates the charge for hire of a taxicab and which
also records and indicates a fare, rate or charge based on waiting time, extra passengers,
initial charge and other fares, rates or charges.
Transport shall mean to operate or cruise over the streets of the city and its
adjacent territory for the purpose of moving passengers or goods from one point to
another.
Sec. 21-76. Classificationof vehicles for hire.
For the purpose of construing and applying the terms of this chapter all motorized
vehicles which operate over and upon the streets and driveways of the city for the
AGENDA ITEM#7J
JUNE 10,2013
transportation of person(s)for compensation shall be classified and defined as
follows:
(a) Bus. Any bus, omnibus or other vehicle designed and constructed to
comfortably transport seven (7) or more persons, which is not used for
regularly conducted amusement rides or sight-seeing tours, and is not
operated by another governmental agency.
(b) Cruising car. Any vehicle for hire based upon a pre-established
schedule of flat charges rather than by taximeter calculation, with an open
touring or sedan body, designed and constructed to comfortably transport not
more than six(6)persons, including the driver.
(c) Limousine. A vehicle for hire only by prearrangement at a rate
charged per hour, or fixed in advance, and is a chauffeured, luxury class
passenger vehicle that is built or modified for the purpose as a limousine.
(d) Sightseeing cars. A vehicle for hire designed and constructed to seat
seven (7) or more persons used in regularly conducted sightseeing trips,
which originate from and terminate at a single specified point, the
destination or route of which is not under the direction of the passenger or
passengers transported therein; which is not used as a means of local
transportation within the city; and which neither receives nor discharges
passengers along its routes.
(e) Taxicabs. Any vehicle which is rented from a stand in the street or
from a private station or garage, the destination and route of which is under
the direction of the passenger or passengers transported therein, and fitted
with a taximeter or other mechanical device by which the charge for hire is
mechanically calculated by measuring and recording either the distance
traveled with such vehicle or the waiting time or both.
(f) Van. Any vehicle recognized as either a full-size passenger van or a
passenger vehicle on a van or truck chassis. The term shall not include a
cargo or panel van.
Sec. 21-77. Manner of advertising
No driver of a vehicle for hire shall be permitted to advertise such business before
the public under any other name or names than the specified name or names recited
in the particular business tax receipt under which such holder is authorized to engage
in the business of the transportation of person(s) for compensation.
Sec. 21-78. Printed matter appearing on a vehicle for hire, (except limousines);
certain information required; advertising regulated.
(a) The name of the company or firm operating a vehicle for hire shall be
permanently displayed on both the right and left sides and the rear of the
Ordinance No. 75-13-18 Page 2 of 5
AGENDA ITEM#7J
JUNE 10,2013
vehicle so that the name shall be plainly visible, with lettering at least four
(4)inches in height, and made to reflect lights shined on them in the dark.
(b) Each vehicle for hire shall have attached to the outside left rear
portion of the vehicle the numbered medallion issued by the City of
Jacksonville.
(c) Advertising matter on vehicles for hire shall be attached to the
vehicle so that no portion extends below the bumper or beyond either side,
and so as not to interfere in any manner with full vision through the rear
window of the vehicle.
Sec. 21-79. Inspection of vehicles.
It shall be the duty of every driver to subject the vehicle to a complete and thorough
inspection as required by the City of Jacksonville. Written certification of such
inspection shall be maintained in the vehicle while operating in the City of Atlantic
Beach.
Sec. 21-80. Equipment and safety requirements for vehicles for hire.
All vehicles in service as vehicles for hire shall have the following equipment on each
vehicle,which equipment shall be maintained in good working condition
(a) Front and rear lights meeting state standards and a dashboard light that
will indicate when any of the vehicle's doors are not securely closed;
(b) Adequate brakes on all wheels;
(c) Tires of the quality of original equipment as specified by the
manufacturer, or better;
(d) Speedometer in good working order;
(e) Leather, vinyl, or some similar nonabsorbent fabric upholstery which can
be easily cleaned and shall be free of tears and cuts;
(f) Seatbelts for the driver and all passengers;
(g) An unexpired A, B, C type fire extinguisher (minimum size of 2.5 lbs);
(h) Adequate heater and air conditioner;
(i) All seats in a shuttle vehicle shall be factory installed only;
(j) Except for limousines, there shall be no shades, blinds or curtains between
the rear seat or seats and the driver's seat, nor shall any shades, blinds or curtains
shield the occupants or the for-hire driver from observation or obstruct the view
through the rear window.
All vehicles for hire shall be maintained in a clean, well-painted manner so as to provide
a generally good appearance. It shall be unlawful to operate any vehicle as a vehicle for
Ordinance No. 75-13-18 Page 3 of 5
AGENDA ITEM#7J
JUNE 10,2013
hire which does not comply with the provisions of this section.
Sec.21-81. Meters required for taxicabs.
(a) Every taxicab operating as a metered taxicab shall have affixed thereto, in
operating condition, a taximeter.
(b) The face of every taximeter shall be visible from the passenger
compartment of every taxicab at all times and, after sundown, shall be illuminated
by a suitable light so arranged as to throw a continuous steady light thereon.
(c) No taxicab shall be permitted to operate as both a metered and non-
metered (zone rate) vehicle. Each vehicle shall be identified in a manner to
designate its status as a metered or non-metered vehicle.
Sec. 21-82. Drivers of vehicles for hire.
Unless otherwise enumerated in this ordinance all drivers of vehicles for hire, while
operating in the City of Atlantic Beach, will adhere to the for "For-Hire Drivers" of
Duval County, as set forth in the Code of Ordinances, City of Jacksonville, Chapter 220.
Sec. 21-83. Engaging in criminal activity.
Engaging in criminal activity while operating a vehicle for hire within the City of
Atlantic Beach may result, in addition to any charges under Florida State Statute, in civil
fines as contained within Sec. 21-85 below. These activities include, but are not limited
to the following:
(a) Transporting passengers for the purpose of engaging in narcotic or
prostitution activity;
(b) Allowing narcotic or prostitution activity to occur inside the vehicle for
hire.
Sec. 21-84. Rates and charges.
(a) Schedule of rates to be posted. There shall be posted in every vehicle for
which a local business tax receipt is issued under this article, and in full view of
the passengers in plain conspicuous letters, a schedule of rates, charges and fares
which shall be binding upon the operator of the vehicle and any collection of
rates, fares or charges, in excess thereof shall constitute a misdemeanor.
(b) Charging rates in excess of posted rates. No driver of a vehicle for hire
shall charge or demand from any customer any sum of money in excess of those
rates or charges posted in such vehicle.
(c) When rates not to be charged. No charge shall be made for time lost or
distance traveled while a vehicle for hire is disabled. No charge shall be made for
traveling empty while en route to pick up a passenger unless the person requesting
the vehicle for hire refuses to hire it after it arrives, in which case a charge equal
to the minimum rate under the schedule filed by the owner pursuant to this
Subpart for the distance traveled empty may be collected.
Ordinance No. 75-13-18 Page 4 of 5
AGENDA ITEM#7J
JUNE 10,2013
Sec. 21-85. Citations authorized; penalties provided
Violations of this chapter shall be punishable by fines as follows:
(a) First offense: (The current offense is the first offense if there have been no
other citations within the preceding twelve (12) months.) One hundred dollars
($100.00); however, if not paid within fourteen (14) calendar days, the fine
increases to one hundred and fifty dollars ($150.00);
(b) Second offense; (The current offense is a second offense if there has been
only one (1) previous citation within the preceding twelve (12) months.) Two
hundred and fifty dollars ($250.00); however, if not paid within fourteen (14)
calendar days, the fine increases to three hundred dollars ($300.00);
(c) Third and subsequent offenses: (The current offense is a third or
subsequent offense if there have been two or more previous citations within the
preceding twelve (12) months.) Five hundred dollars ($500.00). If not paid within
fourteen (14) calendar days, then the right to operate within the City of Atlantic
Beach shall be suspended until the fine is paid or thirty (30) days, whichever is
later."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of 2013.
PASSED by the City Commission on second and final reading this day of
,2013.
ATTEST:
Donna L. Bartle, CMC Mike Borno
City Clerk Mayor
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Ordinance No. 75-13-18 Page 5 of 5
AGENDA ITEM#8A
JUNE 10,2013
AGENDA ITEM NO.
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA: Authorize the City Manager to enter into an agreement with Beaches
Habitat for the renovation and use of Jordan Park Community Center
DATE: May 17, 2013
SUBMITTED BY: Timmy Johnson
SRATEGIC PLAN LINK: None
BACKGROUND: Beaches Habitat currently has an agreement with the City to run its
organization from the Jordan Park Community Center. Recently, Beaches
Habitat opened a new facility for its administrative offices, but would like
to keep the education staff at the Jordan Center. Because of this change,
Habitat is requesting to renovate the Jordan Center, which will enhance
the after-school program. Renovations include a larger kitchen with new
appliances, new flooring, a larger conference area, a drop ceiling in the
main center, painting and furniture. The renovations cost is estimated at
$50,000, which Beaches Habitat will fund.
Beaches Habitat is also requesting to enter into another agreement which will
allow use of the Jordan Park Center for its education staff and construction
meetings.
BUDGET: Beaches Habitat will budget funds to renovate the Jordan Park Community
Center
RECOMMENDATIONS: Authorize the City Manager to sign the agreement with Beaches Habitat
for the renovation and use of Jordan Park Community Center
ATTACHMENTS: Agreement
REVIEWED BY CITY MANAGER:
AGENDA ITEM#8A
JUNE I0,2013
AGREEMENT
AGREEMENT made and entered into this day of , 2013, by and between
the CITY OF ATLANTIC BEACH, FLORIDA, a Florida municipal corporation, 800 Seminole
Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and BEACHES HABITAT FOR
HUMANITY, INC., a Florida non-profit corporation, 1671 Francis Avenue, Atlantic Beach,
Florida 32233 (hereinafter"Habitat").
WHEREAS, the parties have entered into several prior agreements regarding the construction
and use of the Jordan Park Community Center (hereinafter "JPCC") located at 1671 Francis
Avenue, Atlantic Beach,Florida 32233, and
WHEREAS, the City and Habitat have jointly occupied JPCC over the years under various
agreements regarding the use of said facility and the programs conducted therein, and there existed
what were commonly called the City side and the Habitat side of the building,and
WHEREAS,Habitat has opened new administrative offices resulting in the need for less space
at JPCC and desires to expand JPCC to expand the after school and education center programs
focusing on City residents and Habitat homeowners located in Atlantic Beach, and also desires to
continue a long term relationship with the City to support the operation of these programs at JPCC,
and
WHEREAS, Habitat will continue to assist in the operation of after school, summer and other
educational programs in cooperation with,and under the general supervision of,the City,and
WHEREAS,the City will continue to provide space in JPCC for Habitat educational personnel
and meetings for Habitat volunteers and collegiate challenge program participants during the eight
(8)week spring collegiate challenge program, and
WHEREAS, the parties are in full agreement regarding all terms and provisions set forth
below.
NOW THEREFORE, in consideration of the mutual covenants and promises as set forth
herein, and other valuable consideration, the receipt and sufficiency of which is acknowledged by
both parties,it is therefore
AGREED AS FOLLOWS:
1. Habitat shall renovate JPCC to include the changes set forth on the attached
architectural renderings and in accordance with approved plans, as follows:
(a) Habitat will spend approximately$50,000.00 to complete said renovations.
(b) The renovations shall include a"drop ceiling"in the large community of JPCC to
reduce noise during tutoring.
(c) New flooring material shall be installed to keep JPCC cleaner.
AGENDA ITEM#8A
JUNE 10,2013
(d) The interior of JPCC shall be completely repainted.
(e) Furniture required to accommodate existing and any new programs will be provided.
(f) A larger kitchen with new appliances will be provided.
2. Habitat shall obtain all required building and related permits from the City and any
other local or state agencies in connection with the renovation of JPCC. Habitat shall be solely
responsible for any and all required insurance coverage during said renovations, including, but not
limited to, workers' compensation, if applicable, and shall indemnify and hold the City harmless
from any claims in connection with the construction activities related to renovations of JPCC.
3. Habitat shall be solely responsible for the safety of the premises during the construction and
renovations to JPCC and shall indemnify and hold the City harmless from any claims in connection
therewith.
4. The City shall continue to support its programs, including after school programs, for a
period of at least ten(10)years from the date hereof.
5. The parties shall have regularly scheduled meetings, at least once a month, to coordinate
plans and programs to insure the best possible integration of activities and programs for the benefit
of the entire community. Representatives of both parties shall attend all meetings as requested and
required.
6. The parties shall cooperate fully with each other so that all adults at JPCC, including
volunteer workers, undergo background checks as recommended by the Atlantic Beach Police
Department.
7. In regard to the ongoing activities and use of JPCC:
(a) The City shall continue to pay for all utilities,cleaning and maintenance of the premises.
(b) The City shall schedule all events at JPCC. Habitat shall have the right to use JPCC for
morning meetings with that day's volunteer workers, as well as schedule JPCC during
the eight(8)week collegiate challenge program in the spring.
(c) The City and the Habitat sides of the building will no longer exist. The entire facility is
now dedicated to educational and after school programs. The City shall keep three (3)
existing offices available for Habitat educational personnel to be located in JPCC and no
rent shall be charged for these three offices or for other Habitat functions described
herein
8. This Agreement supersedes all prior agreements entered into between the parties and all
such agreements shall deemed null and void and of no further force or effect upon execution by all
parties of this Agreement.
2
AGENDA ITEM#8A
JUNE 10,2013
9. No-modification, amendment, or alteration of the terms or conditions of this Agreement
shall be effective unless contained in a written document executed by the parties hereto.
10. All notices, demands, or other writings required to be sent as a result of this Agreement,
shall be deemed to have been fully sent when in writing and addressed as follows.
City of Atlantic Beach Beaches Habitat For Humanity,Inc.
City Manager President
800 Seminole Road 1761 Francis Avenue
Atlantic Beach,FL 32233-5800 Atlantic Beach,FL 32233
All notices required, or which may be given hereunder, shall be considered properly given if(1)
personally delivered, or (2) sent by certified United States mail, return receipt requested. The
effective date of such notices shall be date personally delivered or, if sent by mail, the date of the
postmark.
11. This Agreement shall be construed under and controlled by the laws of the State of Florida.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals as of the date first
above written.
CITY OF ATLANTIC BEACH BEACHES HABITAT FOR HUMANITY,INC.
By By
James R. Hanson, City Manager
Its
"CITY" "HABITAT"
APPROVED AS TO FORM AND CORRECTNESS:
Alan C. Jensen,Esquire
City Attorney
3
AGENDA ITEM#8B
JUNE 10,2013
MINUTES
Board Member Review Committee Meeting
May 15,2013
Call to order
The meeting was called to order by Commissioner Jonathan Daugherty at 5:04 pm. Those in
attendance were Commissioner Jonathan Daugherty (Chairman), Members Jerry Johnson, Rita Pierce
and Solomon Brotman, Cultural Arts and Recreation Advisory Committee Vice Chair Lynne Roskein,
City Clerk Donna Bartle, and Recreation Programs and Special Events Director Timmy Johnson.
1. Approval of the minutes of the BMRC meeting of January 24, 2013.
Motion: Approve minutes of the Board Member Review Committee meeting of January 24,
2013.
Moved by Brotman, seconded by Johnson
Motion carried unanimously
City Clerk Donna Bartle explained there are four vacancies to address on the Cultural Arts and
Recreation Advisory Committee.
2. Interview the new candidates (listed below).
New candidates:
A. Louis Catania
B. Linda Lanier
C. Paula Thompson
The Committee interviewed Mr. Louis Catania and Ms. Paula Thompson separately. Ms. Linda
Lanier did not show up for her interview so Commissioner Daugherty called her during the meeting.
He reported to the Committee that she had the interview down for the following Thursday.
The purpose of the interview and an overview of the duties and responsibilities of the Cultural Arts
and Recreation Advisory Committee were explained the candidates. Both candidates explained their
personal accomplishments, experience, goals and interests in the community. The Committee offered
the opportunity to ask questions and the Committee responded to those questions.
Between interviews,the Committee took items out of sequence, discussed the current members and
made recommendations for reappointment.
3. Review current members on the Cultural Arts and Recreation Advisory Committee
whose terms expire on 7/8/2013 and are interested in reappointment.
A. Wanda Wilson Martin
B. Jeff Wight
C. Lori Gaglione
Motion: Recommend reappointing Wanda Wilson Martin,Jeff Wight and Lori Gaglione to
serve an additional term on the Cultural Arts and Recreation Advisory Committee beginning
July 9, 2013.
Moved by Roskein, seconded by Johnson
Motion carried unanimously
AGENDA ITEM#8B
JUNE 10,2013
4. Discuss the new candidates and the current members who are interested in reappointment and
make a recommendation.
After the interviews were completed, the Committee discussed the two candidates interviewed. The
Committee expressed a desire to recommend both candidates, but only one vacancy remained so they
made the following motions.
Motion: Recommend appointing Louis Catania as a new member to the Cultural Arts and
Recreation Advisory Committee to immediately fill Jay Shoot's unexpired term ending July 8,
2014.
Moved by Brotman, seconded by Johnson
Motion carried unanimously
Motion: Recommend appointing Paula Thompson as a new member to the Cultural Arts and
Recreation Advisory Committee for the next available vacancy even if new applications are
submitted for consideration, as long as the applicant remains eligible.
Moved by Brotman, seconded by Daugherty
Motion carried unanimously
5. Other Business
City Clerk Bartle explained the next meeting should be held in July to address membership on the
Code Enforcement Board since terms are expiring September 30, 2013. She stated she would send an
email to everyone with the proposed dates.
Adjournment
There being no other business,the meeting adjourned at 6:19 pm.
Jonathan Daugherty
Chairman
Draft Minutes of the Board Member Review Committee Meeting on May 15, 2013 Page 2 of 2
AGENDA ITEM#8B
JUNE 10,2013
CITY OF ATLANTIC BEACH
BOARD/COMMITTEE MEMBER APPLICATION FORM
Received
Please check(1)the box beside each Board or Corn tha}you are applying to serve on. If you check more than
one,please rank your interest in each board/committee`6y order of priority. DEC 2 0 2012
(A summary of each board/committee is available on page 2 of this form.)
2 Code Enforcement Board s Community Devel%iii811 'p1
Pension Board of Trustees Board Member Review Committee
1 Cultural Arts and Recreation Advisory Cittee'y Clerk
DATE: 12/19/2012 APPLICANT'S NAME: Louis J. Catania
ADDRESS: 2279 Seminole Road #4, Atlantic Beach, FL 32233
DAYTIME PHONE: 904 616-7800 EVENING PHONE: 904 616-7800
E-MAIL ADDRESS: Icatania @bellsouth.net FAX:
Please explain any employment experience,board/committee experience,and/or community volunteer experience
relative to the board/committee applying for.
I have resided in Atlantic Beach for 19 years. My professional career included 44 years
as a health care professional, health care administrator, author, researcher, educator and
international lecturer. While living in NY and PA, I served and volunteered on health,
recreational, political and cultural boards. I have recently semi-retired (contnue to consult)
and having a deep respect and fondness for our wonderful community of AB and in
graliluue for my good life, l would tike to `give back" in some way.
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this board/committee.
I believe my professional and volunteer service experience would be directly applicable to
the Boards I have identified. Also, I feel my interest in outdoor activities, physical fitness,
athletics, education (I am a volunteer professor at UNF) and my love of the arts might
qualify me for a variety of potential COAB needs.
Please return completed form to
Donna L. Bartle,City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233
PLEASE NOTE: Members of the Code Enforcement Board, Community Development Board and Pension Board of
Trustees are required to file Statement of Financial Interest Forms. Also, information regarding"Conflict of Interest"
is provided on page two of this application. This application will expire two(2)years after date of submittal.
1
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