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7-14-14 Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING July 14, 2014-6:30PM AGENDA Call to order Invocation and pledge to the flag 1. A. B. C. Approve the minutes of the Regular Commission Meeting of June 9, 2014. Approve the minutes ofthe Special Called Meeting of May 27, 2014. Approve the minutes ofthe Workshop of May 27,2014. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Building Department Monthly Activity Report. B. A ward the contract for concrete repairs for the Public Works/Utilities Department to Gruhn May Inc. 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 14-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE CONTRACT BETWEEN THE CITY OF ATLANTIC BEACH AND THE ATLANTIC BEACH COUNTRY CLUB DEVELOPMENT REGARDING MAINTENANCE OF A WOODEN BRIDGE, AND PROVIDING AN EFFECTIVE DATE. 7. Action on Ordinances A. ORDINANCE NO. 80-14-85, Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, CREATING ARTICLE V, RECLAIMED WATER SYSTEM, ADDING SECTION 22-365 CHARGES FOR RECLAIMED WATER SERVICE, PROVIDING FOR AN EFFECTIVE DATE. B. ORDINANCE NO. 80-14-86, Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, AMENDING SECTION 22-30, PRIVATE FIRE PROTECTION SERVICE TO PROVIDE METHOD 1 OF MONITORING FIRE LINE USAGE; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE. C. ORDINANCE NO. 20-14-127, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014, AND PROVIDING AN EFFECTIVE DATE. D. ORDINANCE NO. 58-14-38, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2- 268, DISABILITY; AMENDING SECTION 2-274, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. E. ORDINANCE NO. 58-14-39, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-307, DISABILITY; AMENDING SECTION 2-310.4, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. F. ORDINANCE NO. 15-14-14, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPLEMENTING ORDINANCE NO. 15-95-7 ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS AMENDED AND SUPPLEMENTED (THE "ORIGINAL ORDINANCE"); AUTHORIZING THE ISSUANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2014, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $14,000,000 TO REFUND THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2004, UTILITIES SYSTEM REVENUE BONDS, SERIES 2010A-1 AND UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 201 OB; APPROVING A FORM OF LOAN AGREEMENT AND AUTHORIZING EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND OTHER ACTION IN CONNECTION WITH THE DELIVERY OF SUCH BOND; PROVIDING FOR SALE OF THE BOND BY RESOLUTION FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS FROM COMMERCIAL BANKS AND NEGOTIATIONS WITH THE SUCCESSFUL BIDDER; PLEDGING THE CITY'S PLEDGED REVENUES DESCRIBED IN THE ORIGINAL ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. G. ORDINANCE NO. 95-14-108, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 9, OF THE CODE OF ORDINANCES, TO PROHIBIT DISCRIMINATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. H. ORDINANCE NO. 5-14-61, Introduction and First Reading (TABLED on 6/9/14) AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-16, TIME AND PLACE OF REGULAR MEETINGS, 2 TO PROVIDE FOR TWO (2) REGULAR MEETINGS PER MONTH EXCEPT FOR DECEMBER AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business A. Memorandum of Agreement Between City of Atlantic Beach and North Florida Utility Coordination Group (NFUCG). B. PLAT-14-00100012 (Atlantic Beach Country Club). C. Contingency Contract Extension for Disaster Debris Removal Services and Transfer of Contract from Byrd Brothers to Ceres Environmental. 9. City Manager A. City Manager's Report. • 90-Day Calendar (July-September 2014) 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. 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, July 11, 2014. 3 WELCOME To the Atlantic Beach City Commission Meeting We will conduct meetings of the City Commission with a level of civility and respect that the democratic process deserves. This allows for better public input and supports making the best decisions for the citizens who we are here to serve. We ask that everyone in the meeting practice the following principles of Respect for each other. RESPECT Refrain from putdowns, criticism and personal attacks Encourage others to state their views Support each other, even if you don't agree Practice active listening Express yourself assertively, not aggressively, not submissively Collaborate, do not compete or collude Trust each other, unless and until such trust is violated The New Managers Toolkit: 21 Things You Need to Know IN ATTENDANCE: MINUTES *REGULAR CITY COMMISSION MEETING June 9, 2014 CITY HALL, 800 SEMINOLE ROAD AGENDA ITEM# lA JULY 14,2014 Mayor Carolyn Woods Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark City Manager Nelson VanLiere City Attorney Rob Bradley City Clerk Donna Bartle Recording Secretary Nancy E. Bailey ABSENT: Mayor Pro Tern Mark Beckenbach Call to Order/Pledge: Mayor Woods called the meeting to order at 6:32p.m. Mayor Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. B. C. D. E. Approve the minutes of the Regular Commission Meeting ofMay 12, 2014. Approve the minutes of the Workshop of April28, 2014. Approve the minutes of the Pre-Budget Workshop of April23, 2014. Approve the minutes of the Commission HRO Workshop of April22, 2014. Approve the minutes of the Town Hall Meeting of April16, 2014. Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor Woods stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Chris Jorgensen, 92 W. 3rd Street, stated he liked seeing the calendar on the website and also like seeing the crime statistics. He stated he would like to see the number of infected AIDs cases included in the crime statistics. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. City Manager Nelson Van Liere reported on the Interlocal Service Boundary Agreement related to annexing the Country Club into Atlantic Beach stating it has been forwarded to Jacksonville. He pointed out a scrivener's error in the Resolution 14-05 that was passed at the last meeting. He stated the DOT maintenance agreement should state November 1, 2014-October 30, 2017, instead of October 1, 2014 -September 30, 2017. He explained an Emergency Change Order in the amount of $52,888 for repair and coating of the ground storage tank at Water Plant #2. June 9, 2014 REGULAR COMMISSION MEETING 4. Consent Agenda AGENDA ITEM# lA JULY 14, 2014 Page2 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Building Department Monthly Activity Report and Financial Report for April2014. B. Approve the 90-Day Calendar (June-August) for the Mayor and Commission. C. Acknowledge receipt of the Annual Water Quality Report for 2013. D. Acknowledge receipt ofthe 1st Quarter 2014 Police Department Report. E. Award a contract for Bid No. 1314-09 for the Repair and Coating ofElevated Tank at Water Plant #2 in the amount of $122,540 to Utility Service Co., Inc. and authorize the City Manager to sign the contract. Mayor Woods read the Consent Agenda. Commissioner Hill pulled Items B and E. Motion: Approve Consent Agenda Items A, C, and D as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Hill asked if the 90-day calendar will include the language on the Commission meetings timing and schedule. Mayor Woods stated, no, it is in the Ordinance. He also asked if the repair and coating of the elevated tank is the same tank Mr. VanLiere discussed in his follow-up report. Mr. VanLiere stated the emergency purchase order was for the repairs to the ground storage tank; item E is the elevated tank. Donna Kaluzniak explained the bid for the ground storage tank fortunately came in $31,000 under budget so it was $21,000 more than they had budgeted. She stated it is a 500,000 gallon concrete ground storage tank with baffle walls that are concrete block in between and, although they probably should have specified a complete blast they thought they could get by with just a brush blast but after they started blasting they found other coatings and some deterioration on the ceiling and some things that you really can't tell until after you start blasting it. Commissioner Hill stated the difference between the two numbers is more acceptable than a $52,000 miss, so he understands now. Motion: Approve Consent Agenda Items B and E as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED June 9, 2014 REGULAR COMMISSION MEETING Item 8F was taken out of sequence and acted on at this time. F. Request from the Friends of Atlantic Beach Elementary School. AGENDA ITEM# lA JULY 14,2014 Page3 Mayor Woods stated this is part of the budget adjustment and wanted to talk about it before they get to the budget. She explained we have an agreement between the Atlantic Beach Elementary School, the School District and the City that we help with the recreational needs of the school so our citizens are allowed to use the facilities. She stated a few years ago we partnered in creating a track that is now in need of repair. She asked Mr. Cottrell to further explain. E.K. Cottrell, 1656 Park Terrace E., President of Friends of Atlantic Beach Elementary (F ABE), explained the partnership with F ABE and City of Atlantic Beach related to the track. He stated the track has deteriorated over time and is in need of repair, stating they are getting bids and will contract with the low bidder. He stated the school system has offered to help manage the project. Motion: Authorize the City Manager to provide assistance and funding to the Friends of Atlantic Beach Elementary for improvements to the track at Atlantic Beach Elementary School pending the approved funding by Ordinance No. 20-14-127. Moved by Hill, Seconded by Mark Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 14-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE CONTRACT BETWEEN THE CITY OF ATLANTIC BEACH AND THE ATLANTIC BEACH COUNTRY CLUB DEVELOPMENT REGARDING MAINTENANCE OF A WOODEN BRIDGE, AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Resolution No. 14-06 by title. She explained staff has requested this be deferred because they are still working out some of the final details of the language. Motion: Defer until staff brings it back to the Commission. Moved by Daugherty, Seconded by Mark Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 5-14-61, Introduction and First Reading June 9, 2014 REGULAR COMMISSION MEETING AGENDA ITEM # lA JULY 14, 2014 Page 4 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR TWO (2) REGULAR MEETINGS PER MONTH EXCEPT FOR DECEMBER AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 5-14-61 by title. Motion: Approve Ordinance No. 5-14-61 as read. Moved by Daugherty, Seconded by Mark Mayor Woods stated she was going to recommend they defer until Commissioner Beckenbach could be here. Commissioner Daugherty stated this requires two readings and he can be here for the second one. Commissioner Hill stated the portion about the workshopping didn't read the way he understood it and he doesn't want to move it along until that is defined and asked if staff can look at that. He stated it wasn't what they talked about. Mayor Woods agreed, the way it reads here, there is no mention of having a workshop and the way she thought they had left it was that they would have a workshop as well as a meeting for the action items and consent agenda items. Commissioner Hill asked the City Attorney if they can amend it at the second reading because there was another piece they wanted to look at to mimic what another city was doing. Mayor Woods introduced Rob Bradley, who was standing in for Rich Komando this evening. Mr. Bradley stated this sounds like a minor change. He stated his concern would be if it was a minor but substantive change between first and second reading; that could be problematic and cause a delay. Commissioner Hill stated it is substantive. Mr. Bradley stated if it would be possible for him to get with the staff member and write in the language that is appropriate and reflects his understanding and then they could go forward with the first reading tonight. He stated or they could do it right now with them all sitting here. He stated but he is happy to keep things moving to take a sidebar with a member of staff and straighten out in that manner while you all go forward. Commissioner Hill asked if there was any urgency and could they live with this for one more cycle; or is there a driving reason to make sure they don't miss it. He stated he knows they want to do it but he wants to get it right and not procedurally stall it either. Mr. VanLiere asked if, for the record, could they amend the motion to include adding a workshop and that would be enough so that the precise language would come back at a second meeting. Mr. Bradley asked what is the substance of what they would like to see added to what is in front of them. Commissioner Hill stated the workshop thing was the big hang-up but then there was some additional information he received through the week that said there might be a little bit of additional help coming from one of the neighbor cities (Neptune Beach) in the way they do something, so he didn't want to derail the train but he wanted to take a second to look at it. He stated Neptune Beach has a similar thing and it was recommended from several citizens that they look real hard at it. He stated he received three calls on it, so he wanted to make sure they did look at it before they did that but didn't want to derail the process to do that because they kind of know where they want to go and they don't have to follow another city but he didn't want to head down this track and then just stop the train. Commissioner Mark stated when they originally changed the format of the meetings it really was to minor Neptune Beach which is probably why they need to delay this a little. She stated she doesn't know what we are doing that Neptune Beach is not doing or vice versa to make it work for them but it doesn't seem like it is working for us. Mayor Woods stated the Mayors and City Managers got together with Neptune Beach and she asked that question of them and what they do differently is in the way they prepare the agendas. She stated the way we have been doing it is that we prepare the meeting for today and then the workshop agenda works off of that. She stated they do it the other way around and create a workshop agenda and then only the things that they get consent to move forward end up on the regular meeting agenda, so not necessarily June 9, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# lA JULY 14,2014 Page 5 everything that was on the workshop agenda would end up on the regular agenda. She stated therefore there is not as much change to the agenda because it hasn't been created until after the workshop. Commissioner Mark stated that was their original intent, she doesn't believe it was ever to create the agenda and then workshop every item on the agenda. She believes that was exactly it; the workshop created those items and if there was not consensus to move forward, it remained as a workshop item and all the other items that there was consensus on or that were ready to be approved, then went on the actual agenda for the meeting. Mr. VanLiere stated to say that another city does it is one thing, saying that it works and that they like it and it is working for them is something else. He stated Neptune Beach has their problems too; one of the differences between our agenda and theirs is just the mere size of it. He stated they only have a few things on their agenda where we are tenfold. Commissioner Mark agreed that is another consideration because we are basically three times the size of them and are obviously going to have more issues corning up. Commissioner Hill asked the City Attorney if the changes he has heard are substantive or is it something they can move forward with. He stated he believes they all want to and he doesn't want to delay this. He asked if it is something they can make a few adjustments to as long as they are not revamping the whole system. Mr. Bradley stated he just heard a discussion about how the agenda would flow from the workshop to the regular meeting. He stated the Ordinance doesn't speak to how the agenda is prepared so if these are issues they want to flush out that is a discussion independent of this. He stated he also heard a workshop mentioned but there is no mention of the workshop in this ordinance and asked if there is a desire to add some language about a workshop into this ordinance. Commissioner Mark stated she thought that has been discussed, although not specifically, which is where we are now. Mayor Woods stated she thought at the workshop that was one of the things they talked about that was going to end up in it for tonight for us to be voting on. Mr. Van Liere stated he believes the confusion would be that when they talked about it last time, they talked about items that would be visited twice. He stated they always have the ability to put anything on a workshop, and to call a workshop when they want. However, they talked about making some things on the agenda that would be for information the first reading, then carry over to the next reading so they would be heard twice versus specifically having a prescheduled workshop before each meeting to hear those things that were carried over. He stated, to him, it was if you have them, then you have a workshop; if you don't have them, you don't have a workshop, but you wouldn't have to have one every time. He stated we could put it in there that you are going to have one and then cancel it. Commissioner Hill stated he would rather do it that way, honestly, because the whole point of it is to let the public know that we are going to openly and transparently discuss everything and if there is a workshop then the opportunity exists to do that. He stated that was the whole thing that made them get on board with it; more things will get workshopped if they know it is there every day and less things will get workshopped if it is something they have to add to it so he would like to be a standard procedure and would much rather take the three seconds it takes to cancel one here then to go the other route with it and that is how he thought they were heading with it. Mr. VanLiere stated so on a typical agenda they would have some items they would want to see twice and his plan would be that they would just be on the agenda and they would see them again in the next meeting but if they wanted to take one of those items and have a specific discussion on it then they would get with the Clerk and say, that is a workshop item. Commissioner Hill stated the big difference is that one the public is more comfortable being engaged in and one the public is more on the fringe of it and the workshop seems to give the puplic a better sense of involvement, which was what they liked about it. Mr. Van Liere stated the other part of that is the way the room is set up; if they have the two meetings a month and the agenda is flowing, the workshop setup would not take place. Mayor Woods stated that is a minor detail, they can stay. Mr. VanLiere stated he said that the public felt more comfortable; he didn't know if they were referring to the setting. Commissioner Hill stated no, more to the process and he believes the idea was for the larger crowd things they do it through this setup we have now and for the things they know aren't going to be 600 people they would do the round table June 9, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# lA JULY 14,2014 Page6 set up and it was a little more comfortable but he thinks that is a case by case and he believes they can deal with that. Mayor Woods stated she was under the impression they were going to have a hybrid system and that they would have a regular meeting with consent agenda items, committee reports, all those things and everything else under miscellaneous and the ordinances would be heard at two different meetings. Mr. Van Liere stated some of them; they were talking about the things that affected someone's street or someone's neighborhood or special interest group, all those things they would put on there twice. Mayor Woods stated the use-by-exceptions would go twice. He stated they did the chart and amended the chart that shows those would go twice. He stated in the course of the meeting you can have a discussion like we do and at any point you say this is really important, let's workshop it and it's on a workshop at the beginning of the next meeting. Commissioner Mark stated she doesn't know what the difference is, other than calling it a workshop or a Commission meeting. She stated if there is an item on the agenda that is creating enough public concern or discussion or even just Commission discussion, we have the right to not take action on anything and can always defer it to the next meeting and if it is a large enough item that stands alone, they can schedule a special workshop for that one particular item. She stated she believes it is going to get too confusing because it is so nebulous at this point, the way the workshops are being discussed right now, for staff to figure out. She stated she believes they could just say they are having the Commission meetings and the items they can move forward on and approve or take action on they do and the ones that need more discussion or public input get deferred to the next meeting. She stated she believes they are making this much more complicated than it needs to be. She stated the public is not going to be disenfranchised in the least whether they are at a Commission meeting or a workshop. She stated if there is enough public supp01t or angst about something they are doing, they are going to hear about it and they have the power to defer it to the next meeting or to a workshop. She stated keeping it as two regular Commission meetings like they always had and having a discussion like they have always had in the past, just because you call one a workshop and one a Commission meeting doesn't mean that you're still not going to have that engagement and that discussion. She stated she believes they are really overcomplicating the process and believes that, for staff, if they are trying to do a hybrid like this it is going to make it even more complicated. She stated she isn't really even following it that well. Mayor Woods stated they had the discussion about having the workshop and the way this is written, there is no workshop talked about. She stated she would ask Commission Hill to make an amendment with some language about the workshop so they can move forward and discuss it. She stated they can have the language taken care of between now and the next meeting, which would be the second reading. Commissioner Mark stated they still have to have some kind of procedure in place as to how that workshop comes into play and it isn't left up to the City Attorney; the Commission is who is asking for the workshop to be included, so she believes it is up to them to determine how procedurally that is going to work. Mayor Woods stated as she recalls, they wanted a workshop set regularly so they didn't have scheduling problems and citizens, the Commission and staff knew there was always going to be a scheduled workshop at this time so they all planned for it and were ready for it and whatever got put on the workshop agenda got put on it and if they didn't need it, they didn't need it. Commissioner Mark asked when the workshop was supposed to take place, before the Commission meeting or after. Commissioner Hill stated before, at 6:30. Mayor Woods stated she thought it was at 5:00 and the Commission meeting was to start at 6:30. Commissioner Hill stated, from his recollection, the discussion was that 5:00 was too soon for people to get from their workplace to a meeting and 6:30 was a more reasonable time. He stated the idea was that they weren't going to have long workshops because they are going to have one every two weeks. He stated it was supposed to be before the meeting and it took as long as it took and then the regular Commission meeting starts. Motion: Amend to add a regularly scheduled workshop prior to each Commission meeting that can be cancelled. Moved by Hill, Seconded by Woods June 9, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# 1A JULY 14, 2014 Page7 Commissioner Hill stated that was the intent at the last meeting and the disturbing thing is that something changed along the way without it getting here and it is a little bit worrisome. He stated he doesn't want them to have discussions with content and then see things that come to them without the content. Commissioner Mark stated she doesn't believe there were any changes made. City Clerk Bartle stated they would have done them if they really felt they had that consensus. She stated they don't just ignore direction. Commissioner Mark stated if she is hearing Commissioner Hill correctly, what he is proposing now is that there would be a standing workshop at 6:30p.m. before every Commission meeting but ifthere is an occasion where there is not going to be a workshop then the Commission meeting would start at 6:30. She asked how do they let the public know, who may not want to come to the workshop but do want to come to the Commission meeting, when that is going to start if there is no specific time for beginning and ending the workshop and if it is so nebulous. Commissioner Hill stated it is an easy answer; there is an agenda that is posted. He stated ifthere is nothing on the agenda they won't have the meeting. Mayor Woods sated they had also discussed at the last meeting a set time for the workshop, so they didn't go on forever. Commissioner Mark stated Commissioner Hill is proposing that there is not. Commissioner Hill stated it is a 6:30 set workshop and the only reason he knows that all this existed is when he got calls during the week from citizens who listened to the tape and watched the tape who said there had been changes made based on what was written, it concerned him and he wanted to make sure because there were citizens who worked real hard to generate the workshop situation in the first place. Commissioner Mark stated she agreed with that but it didn't work the way they did it. Commissioner Hill stated he believes they were fine with that, he believes they just didn't want to see it go away completely and there is no language about any workshop in any of it now. Commissioner Mark stated she believes there is too much emphasis on the word workshop. She stated the Commission at the Commission meetings can still have as much of a discussion, the public will still be able to give their input whether it's a workshop or a Commission meeting and the Commission will still have the power to defer any item they are not ready to make a decision on. She stated if they start putting in all these variables she believes they will have an uprising more than just not having a workshop at all because it is confusing enough. She stated it will create more problems than it is going to solve, from staff in preparing the agenda, to the public knowing what is going on, when they are meeting for a workshop, and when is the regular Commission meeting. Mayor Woods stated that is a valid point and, hopefully, the language that the Commissioners will work out with staff between now and the next meeting will clarify exactly how that is going to work. Commissioner Mark asked if each Commissioner is going to get with staff and give their own suggestions as to how this should work. Commissioner Hill stated he believes this issue hasn't made itself ready to be voted on because there are way too many variables and he didn't think there was. He stated it is a clear cut issue, you do a workshop before each meeting, but if everyone is not comfortable with it. He stated he would like to see it say what they actually said and he will go back and get the tape and they can all watch it again if they have to, but he knows what was said. Commissioner Daugherty stated currently he believes there is only one of them who is not comfortable with it and from his understanding of what he is saying there will be a scheduled workshop and the subject of that workshop will be that meeting and if they feel anything needs to be workshopped they will just go into the meeting. He stated he doesn't believe there is really a point in someone knowing whether there is going to be a workshop or not; if they want to show up for the meeting, they will show up at 6:30 because they want to see the workshop on the meeting. He stated he believes there are at least three of them who are comfortable with the amendment and he believes they should go ahead and call the question. Mayor Woods stated they have a motion to call the question. City Clerk Bartle asked Commissioner Hill to restate his amended motion. Commissioner Hill stated the amendment would be to regularly schedule a June 9, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# lA JULY 14, 2014 PageS workshop prior to each bi-weekly Commission meeting and that is all it needs to say; the rest is the same language as far as the agenda and would follow our normal routine for preparing an agenda. He stated he believes the whole point of the City Manager's recommended changes originally would be that it would give them additional time to do that, the five day thing should give them plenty of time for that. He stated whatever that language was; he doesn't want to modify that. City Clerk Bartle stated when he says prior to, does he mean 5:00 or does he mean 6:30. Commissioner Hill stated 6:30; 5:00 never came up after it was cancelled because obviously everyone has to drive and he knows Commissioner Daugherty clearly voiced that he didn't think he could get here at 5:00 regularly and several citizens didn't like the 5:00 start either, so it's a 6:30 start for whatever meeting it is. City Clerk Bartle stated she always thought that when you have a regular meeting, a voting meeting, that is going to have public hearings, etc., you have to put a time certain on those meetings. She stated if they don't know if they are going to have a workshop at 6:30 and what time the regular meeting is, she doesn't know if that is going to cause a problem. Commissioner Hill stated he believed that Commissioner Daugherty specified a block of time and he thought it made sense but he doesn't recall exactly what it was but it was 6:30 to something. Commissioner Daugherty stated he doesn't recall what he said. He stated when the question has been called, discussion should stop and they should go ahead and vote. Mayor Woods stated they need to vote on calling the question and asked if they were ready to call the question. Commissioner Mark stated nay. Mayor Woods stated they are not calling the question, so continue. Commissioner Hill stated he believes everyone is confused on what they are voting on and asked City Clerk Bartle to read back what they are voting on. City Clerk Bartle stated he wanted them to amend the ordinance to add regularly scheduled workshops prior to each bi-weekly meeting. She stated technically they are not bi-weekly. Commissioner Hill stated understood, so that language can be removed. He further stated the City Clerk also brought up a procedural issue that he didn't mean to put in there but if they have a time specific to start the Commission meeting, they need to address that. He stated this isn't ready to be seen by them. He stated they aren't there yet; it's too big a deal. He stated they aren't ready to make this change. He stated he would like to talk to staff about it. Mr. Bradley stated he believes Commissioner Hill's recommendation is in order based on all the discussion he has heard this evening. He stated he would recommend that between now and the next time they gather at a publicly noticed meeting that the Commissioners spealc to staff about how this is to look and then there will be some language in front of them that they can either vote up or down the next time they gather. He also pointed out that whether it is called a workshop or not, it is okay to use that language, they are allowed to vote on things at a workshop, even though it is called a workshop; they are allowed to not consider something at a regular council meeting, even though it is on a council meeting agenda. He stated if the next time they gather, it is under the guise of a meeting called a workshop, they can have that full discussion with that language in front of them at that time. He stated that would be his recommendation. Commissioner Hill withdrew his amended motion. Mayor Woods withdrew her second. Motion: Table this until it is sorted out. Moved by Hill, Seconded by Mark Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED June 9, 2014 REGULAR COMMISSION MEETING B. ORDINANCE NO. 80-14-85, Introduction and First Reading AGENDA ITEM# 1A JULY 14,2014 Page9 AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE IV, RECLAIMED WATER SYSTEM, ADDING SECTION 22-365 CHARGES FOR RECLAIMED WATER SERVICE, PROVIDING FOR AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 80-14-85 by title. Motion: Approve Ordinance No. 80-14-85. Moved by Mark, Seconded by Daugherty Mr. VanLiere explained the City Attorney saw an error in the title which he wants to fix before they approve it. He stated it should read ... UTILITIES, CREATING ARTICLE V ... He stated it should also be changed under SECTION I in the body from Article IV to Article V. He stated this is creating the Reuse section of our Code, it is not just adding it to another piece. Public Utilities Director Donna Kaluzniak stated based on discussion at the last workshop she changed the ordinance to 75% ofthe potable rate and there are no other changes. Votes: Aye: 4 -Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED C. ORDINANCE NO. 80-14-86, Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, AMENDING SECTION 22-30, PRIVATE FIRE PROTECTION SERVICE TO PROVIDE METHOD OF MONITORING FIRE LINE USAGE; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FORAN EFFECTIVE DATE. Mayor Woods read Ordinance No. 80-14-86 by title. Motion: Approve Ordinance No. 80-14-86 as read. Moved by Mark, Seconded by Daugherty Ms. Kaluzniak stated, based on Commissioner Hill's comments last week, she did some research and the industry standard is to use the detector check, which adds only about $100 to the cost. She showed a slide of the detector check and back:flow preventer, which is required by law. She answered questions from the Commission. Commissioner Hill stated he believes this is overkill. He stated it is just money out of our businesses' pocket. Discussion ensued. Motion: Amend to state that fire protection services on new facilities shall not be required to have any metering device. Moved by Hill Further discussion ensued. Motion failed due to lack of second. Mayor Woods called for a vote on the original motion. June 9, 2014 REGULAR COMMISSION MEETING Votes: Aye: 3-Daugherty, Mark, Woods Nay: 1-Hill MOTION CARRIED D. ORDINANCE NO. 20-14-127, Introduction and First Reading AGENDA ITEM# 1A JULY 14, 2014 Page 10 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014, AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 20-14-127 by title. Motion: Approve Ordinance No. 20-14-127 as read. Moved by Mark, Seconded by Daugherty Mr. Van Liere stated additional information came in since this was created under the General Employees Retirement System Fund. He stated there is an item for $80,000 under drop payments which needs to be changed to benefit payments and increase the amount to $250,000, due to the death of an employee and the family opted for a lump sum. He stated he needed to amend the budget to accommodate that. Motion: Amend as recommended by the City Manager and City Attorney. Moved by Daugherty, Seconded by Mark City Attorney Bradley stated the Whereas clause needs to be adjusted as well to be consistent. Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Mayor Woods called for a vote on the original motion as amended. Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business Item 8B was taken out of sequence and acted on at this time. B. Public Hearing-Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a Thirty Foot Driveway at 436 Beach Avenue. Motion: Approve requested waiver to the City Code Section 19-7 requirements. Moved by Daugherty, Seconded by Mark The builder, Todd Bosco, 2158 Mayport Rd., answered questions from the Commission. June 9, 2014 REGULAR COMMISSION MEETING AGENDAITEM# lA JULY 14, 2014 Page 11 Commissioner Mark asked Mr. Bosco to explain the steps he took in getting this driveway built before actually getting the approval from the Commission on this variance (waiver). He explained he attended the workshop and there were no comments. He stated he submitted this for a variance on March 1 and he didn't realize this would take three months to come to hearing. After not hearing any discussion at the workshop, unknown to his client or anyone else, he had irrigation, landscaping, etc. put in and had pavers sitting on the side that needed to get in. He finished the driveway knowing that there were no comments ever mentioned, not thinking that there was going to be any opposition. He stated that was just him taking the situation in hand to try to finish the project. He stated his clients were coming in from out of state and needed a place to live. He stated he did not realize he had to go through all of this to get a driveway approval and he apologized for that. Discussion ensued and Mr. Bosco answered further questions. Mayor Woods opened the Public Hearing. Richard Reichler, 2025 Beach Avenue, stated he is in opposition to this waiver. He stated they need a process for waiver applications; the victims are not the owner but the citizens of Atlantic Beach who comply with the City's regulations, which they are not fully enforcing; and there shouldn't need to be a neighborhood revolt for the City to enforce its own laws. He requested the City Attorney be appointed to prosecute the violations the owners have made ofthe Land Development Code at 436 Beach Ave. Teresa Polistina, homeowner, 436 Beach Ave., explained they hired Bosco because they were far away and would not be here to oversee the building. She stated they did not know anything about needing the variance (waiver) until well into the building of their home. She stated they received their Certificate of Occupancy and believed all the proper things had been done in order for them to move in. She stated she feels badly that they didn't do the proper things; she believes in following rules more than anybody else so she is shocked she is here. She stated she would just like to get the variance (waiver); she believes it looks very nice. She stated they aren't trying to do anything to upset the neighbors and have even consulted with their neighbors next door as far as their landscaping on the sides because they want to make sure they aren't doing anything they don't want them to do. Chris Jorgensen, 92 W. 3rd Street, spoke in favor ofthe driveway, as requested. No one else from the audience spoke so the Mayor closed the Public Hearing. Discussion ensued. Mr. Carper gave the history of the permit and the waiver application. Mayor Woods stated they are voting on the driveway tonight but she would like to get consensus to get a staff report to come up with a timeline on what happened on this project with the issues Mr. Reichler discussed. Commissioner Mark stated she is not following what she is asking and why. Mayor Woods stated Mr. Reichler came before the Commission and brought up some other issues with this construction, which is why they deferred. She stated none of the Commission seem to know what the whole story is so her question is to have staff create the story for them so they can figure out if they have issues that can be corrected or not. Commissioner Hill and Commissioner Daugherty gave consensus. Commissioner Hill asked Mr. Bosco to be a lot more careful moving forward on anything that has not been approved and give his word he will not do this again. Mr. Bosco stated yes. June 9, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# 1A JULY 14, 2014 Page 12 Commissioner Mark reminded the Commission that if they approve this they are setting a precedent. Commissioner Hill asked what was the intent of narrowing the driveways to 20 ft. Mr. Carper explained the intent was preserving some greenspace and also to limit the amount of impervious added to the right-of-way. He stated these pavers are set in accordance with the International Concrete Paver Institute standards and are by our Code 50% pervious. Commissioner Daugherty asked if there are any heavier penalties they can put on the builder. Mr. Bradley stated any remedy they would have would be to the property owner; they would not go directly to the builder. He stated their control is over the regulation of property and the person ultimately responsible is the owner. He stated their focus would be are there any code enforcement violations currently existing or that have happened in the past. He stated if they approve this waiver then that would now not be a violation to have a 30 ft. driveway and would not be one of the violations that one could proceed under a code enforcement action but there may be other issues out there. Commissioner Daugherty stated he agrees with Commissioner Mark's arguments but believes this is a bad welcome to Atlantic Beach for some new people who put their faith in a builder. He stated he believes the mistake was in staffs part in issuing the C.O. Votes: Aye: 3-Daugherty, Hill, Woods Nay: 1-Mark MOTION CARRIED A. Public Hearing-UBEX-14-00100012-Request for use-by-exception as permitted by Section 24-112 (c)( 5) to allow the permanent storage of automobiles and automotive repair in the Light Industrial and Warehouse Zoning District located at 1840 South Mealy Street. Motion: Approve Use-By-Exception 14-00100012 with the conditions that a maximum of 25 vehicles be stored on site, plus employee parking; no residential housing be allowed on site; and the applicants get approval from St. Johns River Water Management District or a letter stating no approval is necessary. Moved by Mark, Seconded by Hill Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED B. Public Hearing-Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a Thirty Foot Driveway at 436 Beach Avenue. This item was taken out of sequence and acted on earlier in the meeting. C. Sewer Rehabilitation in Donner Subdivision HMGP Grant. June 9, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# IA JULY 14,2014 Page 13 Motion: Authorize Insituform Technologies, Inc. to provide cured-in-place pipe (CIPP) for the Donner Sewer Rehabilitation Project in the amount of $125,707, using specifications and pricing in JEA Contract No. 116616. Authorize Concrete Conservation, Inc. to provide manhole rehabilitation for the Donner Sewer Rehabilitation Project in the amount of $12,012 using specifications and pricing in JEA Contract No. 113044. Allow staff to reserve up to $17,000 for point repairs or additional work by Insituform or Concrete Conservation, if needed. Authorize the City Manager to sign the contracts with Insituform Technologies, Inc. and Concrete Conservation, Inc. Moved by Mark, Seconded by Daugherty Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED D. Engineering Design of Stormwater Improvements for Seminole Road Drainage Improvements and Streetscape Project (PW1407). Motion: Approve the Scope of Services and Fee Proposal for Engineering Design for Seminole Road Drainage Improvements and Streetscape and authorize the City Manager to sign the contract with Genesis Group. Moved by Daugherty, Seconded by Mark Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED E. Sign Amortization. Mayor Woods stated she believes staff is still researching, gathering information and recommendations and they will listen to Mr. Hubsch's presentation and then defer to the next meeting. Jeremy Hubsch explained the history of sign amortization and showed slides of the conforming and nonconforming signs on Atlantic Blvd., Mayport Rd., Western Atlantic Blvd., and Northern Mayport Rd. He stated staff recommendations are to sync amortization up with both Jacksonville for Mayport Road, and Neptune Beach for Atlantic Blvd. He stated that would mean to maintain the amortization as scheduled for Atlantic Blvd. and delay it to November 2018 for the Mayport Road corridor. He also discussed incentive programs. Commissioner Hill asked for a statistical report on the amount of vandalism to an 8 ft. sign versus a 30 ft. sign. He stated he doesn't see a reason to add additional costs to businesses now. Mayor Woods stated she believes the key to this will be compromise and she will move this to the next meeting. She asked that they offer any ideas or suggestions to Mr. Hubsch. Commissioner Hill stated, from his seat only, there are a lot of things he would rather see his staff working on and would like to move this issue as quick as they can. He stated there are a lot of things he would like to see our citizens paying for besides a 2002 ordinance that wasn't a great idea in the first place. He stated he doesn't want Mr. Hubsch June 9, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# I A JULY 14,2014 Page 14 doing anymore work on this research-wise; he would like him to be doing something else. He stated he absolutely doesn't want to add any fmancial assistance to buy signs for businesses. Mayor Woods stated they do have an ordinance and they do have a clock ticking, so at some point they have to do something. Mr. Hubsch showed some slides of various signs in the City. Discussion ensued. F. Request from the Friends of Atlantic Beach Elementary School. This item was taken out of sequence and acted on earlier in the meeting. G. Town Center Landscaping. Motion: Provide direction to staff on long-term maintenance of Town Center Landscaping and offer blessing to the Town Center Agency to install new landscaping and hardscaping. Moved by Mark, Seconded by Daugherty Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED H. Appointment to the General Employees' Pension Board of Trustees. Motion: Appoint Ray Brandstaetter to the General Employees' Pension Board of Trustees. Moved by Daugherty, Seconded by Hill Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED I. Appointments to the Cultural Arts and Recreation Advisory Committee. Motion: Reappoint Louis Cantania to serve an additional term on the Cultural Arts and Recreation Advisory Committee beginning July 9, 2014 and ending July 8, 2016. Appoint Robert Liggero and Nick Malie to fill the unexpired terms on the Cultural Arts and Recreation Advisory Committee beginning immediately and expiring on July 8, 2015. Appoint Grant Healy, Pam White, Sheena Rupert, and Martha Marshall as regular members to serve on the Cultural Arts and Recreation Advisory Committee for terms beginning July 9, 2014. Moved by Daugherty, Seconded by Hill Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 9. City Manager A. City Manager's Report. June 9, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# 1A JULY 14, 2014 Page 15 City Manager VanLiere reported on status of Salt Air Drainage improvements, stating they are at 30% design with plans to bid it by August, award in September and start work the beginning of next year. He introduced Doug Layton, the new Public Works Director. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Daugherty • Questioned why they are having presentations at the HRO Workshop. He stated they have already had multiple presentations by multiple people. He stated they need to make a decision whether they are going to do this or not. He stated he does not want to sit through another discussion. Mayor Woods stated her conversation with them was that they would have someone there to answer questions but weren't planning on a formal presentation. Commissioner Hill stated Mr. Gannam was still expecting to be on the agenda and they were just there to answer questions. • He encouraged the Commission to drive by W. lOth Street at Mayport Road to see the building being built. He stated he believes it is hideous. He stated the next time they have a variance they need to think about that. Mayor Woods stated the building itself was not a variance, it was the parking. She stated the building meets all of our City Codes. Mr. Hubsch explained because it is 100 ft. back from Mayport Road it doesn't need to have stucco. City Clerk Bartle • Confirmed that she is hearing they will have no presentations at the HRO meeting. Commissioner Hill asked that they sit in the front row and Mayor Woods stated we could reserve a seat for them. Ms. Bartle also confirmed that for both the HRO meeting and the Police Building the Commission will sit at the dais. Mayor Woods stated the HRO meeting will also be recorded. Mayor Woods stated the consensus was that they would sit at the dais for all workshops. Commissioner Mark • Stated she had replied in an email that the HRO guests would not be presenters, they were there to answer specific questions. She stated she also reiterated in that email that those Commissioners who have specific questions were to please send them to the attomeys prior to the workshop so they could have a meaningful workshop and not have a circular discussion as the prior workshops have been. She stated she believes it is only fair to the attomeys to be able to be prepared to answer these questions so we aren't going back and forth because it has basically been stonewalled for the last two workshops because of that. She stated if that is not going to be the case, they may not need to have the workshop and could just go forward with what they want to do with the ordinance. She stated she personally does not want to sit for three hours at a workshop having the same vague areas trying to be answered when there are no specific questions being asked and answered. She asked that any Commissioners who have specific questions submit them beforehand, so we can move on with this ordinance. Commissioner Daugherty stated he is in agreement; he believes they should either vote it up or vote it down. Commissioner Hill • He stated that it isn't feasible; there are too many questions. The HRO issue is changing daily and he will not be writing any questions. • The Commission affects businesses and tonight they have imposed a completely useless bureaucratic, random piece of equipment on our new build businesses for no reason whatsoever, by our own June 9, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# I A JULY 14, 2014 Page 16 admission. He stated they voted to do it 3-1 and he wants the Commission to think about the fact that some individual now has to write a $300-$500 check to install a piece of equipment that was clearly defined as useless and not important but they voted to do it. He stated they are doing the same thing with the sign thing. He stated he is not sure why they, as a Commission, would vote to put a piece of equipment in every business that requires a sprinkler system that was deemed to be unnecessary. He stated the reason he ran was to limit bureaucratic waste and overstepping of government and they just did it. He stated he wants to go on the record saying that he is disappointed that they did it. He stated he made a clear point from his background as a professional that it was something that very few other people do unless there is a concern and we did it. Mayor Woods • Welcomed Doug Layton on board. • Announced today is Chief Classey' s birthday and wished him a Happy Birthday. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 8:46 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/Presiding Officer *A Workshop was held on May 27, 2014 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion. AGENDA ITEM# 1B JULY 14, 2014 MINUTES OF SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON MAY 27,2014 PRESENT: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark ALSO: Nelson VanLiere, Interim City Manager Richard Komando, City Attorney Donna Bartle, City Clerk Nancy Bailey, Recording Secretary Call to order. The Mayor called the meeting to order at 6:31 p.m. in the Commission Chamber. Mayor Woods explained the procedures for the Special Called meeting. 1. Courtesy of the Floor to Visitors Chris Jorgensen, 92 W 3rd Street, expressed his surprise of a broken contract with the search firm due to lack of sleep. He also thanked Mayor Latham of Jacksonville Beach for being at both Memorial services at the cemetery and the Legion in Atlantic Beach. 2. RESOLUTION NO. 14-05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO SIGN MAINTENANCE AGREEMENTS BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Resolution No. 14-05 by title. Public Works Director Rick Carper summarized the maintenance agreement with DOT, explaining he had one correction to his staff report that he missed. He explained he had asked DOT to swap the AlA ditch for the Robert Street ditch, which they have done, since we will be maintaining the Robert Street ditch instead of the AlA ditch west of Mayport Road. He further explained the agreements for the welcome signs and the additional maintenance agreement for the fountain with light we are going to install in the FDOT/JTA pond between West 4th and West 5th Streets, sponsored by the Fleet Reserve Association. Motion: Approve Resolution No. 14-05 as read. Moved by Beckenbach, Seconded by Hill Commissioner Hill asked about the process. Mr. Carper explained the standard maintenance extension AGENDA ITEM # I B JULY 14, 2014 is something we have done every year since the original agreement in 1991. He stated the other two were added at his suggestion because he has been trying to get this permit for a couple of months now under his signature authority and they won't accept his signature authority. He stated DOT needs a City Resolution authorizing someone to sign these maintenance agreements. He stated he asked that this be put on a special called meeting because this is what is holding these projects up from going forward. Discussion ensued. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 3. Pre-Disaster Mitigation Grant Chief Mike Classey explained this is a request to apply for a pre-disaster mitigation grant and the deadline is June 6. He summarized the grant stating they have opened these grants up for generators for critical facilities. He stated the cap on the grant is $250,000 and this is a 75% grant with a 25% local match. He stated the recommendation is to authorize the Mayor to sign all the related paperwork for the grant application and any additional agreements or contracts if the grant were to be awarded. Motion: Support the project discussed above, including a commitment to provide the match funding necessary and to authorize the Mayor to sign the related paperwork for the grant application and all additional agreements or contracts for the award. Moved by Mark, Seconded by Beckenbach Chief Classey answered questions from the Commission. Votes: Aye: 5 -Becken bach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 4. City Manager Recruitment HR Director Cathy Berry explained the search firm originally chosen has resigned at no charge to the City and stated her recommendation is that they choose Springsted. Motion: Direct the HR Director and City Attorney to negotiate a fee agreement with Springsted and authorize the Mayor to sign that fee agreement, as long as it is within the parameters of the proposal submitted. Moved by Beckenbach, Seconded by Hill Ms. Berry answered questions from the Commission. Discussion ensued. -2- Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED AGENDA ITEM# lB JULY 14,2014 There being no further discussion by the City Commission, Mayor Woods declared the meeting adjourned at 6:59 p.m. ATTEST Donna L. Bartle, CMC City Clerk -3- Carolyn Woods Mayor AGENDA ITEM# 1 C JULY 14, 2014 MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON MAY 27,2014 City Commission Members present: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark Staff present: Nelson Van Liere, City Manager Richard Komando, City Attorney Donna Bartle, City Clerk Nancy Bailey, Recording Secretary Call to order. The meeting, which was held for the purpose of discussing the agenda items for the Commission Meeting of June 9, 2014, was called to order at 6:59p.m. by Mayor Woods. WORKSHOP-ONLY ITEMS: 1. Presentation by North Florida Transportation Planning Organization (TPO) on Transportation Improvement Program. Denise Bunnewith, Planning Director for the North Florida Transportation Planning Organization, 1022 Prudential Drive, gave a presentation on the Transportation Improvement Program for 2014115-2018/19, highlighting the projects that are at the beaches. She answered questions from the Commission. Discussion ensued regarding bike paths, pedestrian safety, electric carts and charging stations. Commissioner Mark announced that Visit Jacksonville is holding a brainstorming session on bike/pedestrian/waterway needs and assessments on June 26 at 9:00a.m. which she will be attending. She stated she would forward the invite to Jeremy Hubsch and suggested that he attend for the City. *DISCUSSION OF AGENDA ITEMS ON JUNE 9, 2014 COMMISSION MEETING: Call to order Invocation and pledge to the flag 1. A. B. c. D. E. Approve the minutes of the Regular Commission Meeting of May 12, 2014. Approve the minutes ofthe Workshop of April28, 2014. Approve the minutes of the Pre-Budget Workshop of April23, 2014. Approve the minutes ofthe Commission HRO Workshop of April22, 2014. Approve the minutes of the Town Hall Meeting of April16, 2014. There was no discussion on these items. Item 8G was taken out of sequence and acted on at this time. G. Town Center Landscaping. Minutes -City Commission Workshop Page2 AGENDA ITEM# 1 C JULY 14,2014 May 27,2014 Jeremy Hubsch explained the Beaches Town Center Agency is going to be doing some new landscaping. He stated the City will be maintaining this. Mr. Carper further explained that R&D Landscaping, our current contractor, stated there would be no increase for maintaining this landscaping. Edward Jones, Board Member of Beaches Town Center Agency, explained the proposed landscaping for Town Center. He stated they also propose to add some new bike racks, trash cans, and benches. He stated they gave their proposal to the Council for Neptune Beach last week and they referred that to the City Manager and asked that he work directly with them. Mr. Jones suggested the two city managers get together so they feel comfortable with what they are doing. Discussion ensued. He answered questions from the Commission. Commissioner Mark asked that the Chair send an email to the Commissioners regarding when they meet. 2. Courtesy of Floor to Visitors Courtesy of Floor to Visitors took place at the end of the meeting. 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. There was no discussion on this item. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Building Department Monthly Activity Report and Financial Report for April2014. B. Approve the 90-Day Calendar (June -August) for the Mayor and Commission. C. Acknowledge receipt of the Annual Water Quality Report for 2013. D. Acknowledge receipt ofthe 1st Quarter 2014 Police Department Report. E. Award a contract for Bid No. 1314-09 for the Repair and Coating of Elevated Tank at Water Plant #2 in the amount of $122,540 to Utility Service Co., Inc. and authorize the City Manager to sign the contract. 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 14-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE CONTRACT BETWEEN THE CITY OF ATLANTIC BEACH Minutes-City Commission Workshop Page3 AGENDA ITEM# 1C JULY 14, 2014 May 27,2014 AND THE ATLANTIC BEACH COUNTRY CLUB DEVELOPMENT REGARDING MAINTENANCE OF A WOODEN BRIDGE, AND PROVIDING AN EFFECTIVE DATE. Mr. Carper summarized the agreement with Atlantic Beach Partners and Atlantic Beach Country Club stating it requires them to do all maintenance on the bridge; have bi-annual inspections using FDOT standards; and to provide the City with a copy of the inspection report and their plan of action if any deficiencies are noted. He answered questions from the Commission. Discussion ensued. It was discussed changing the agreement to add that Atlantic Beach Country Club set aside a specific escrow fund for maintenance and replacement of the bridge. Mr. Carper further stated that the maintenance agreement allows the City, if the developer or country club does not maintain the bridge to the standards required by FDOT, to come in and do the maintenance and then charge them for that. City Manager Van Liere asked if the annexation process doesn't go through will the bridge be the City of Jacksonville's. Mr. Carper stated the city limit line will bisect the bridge; it goes down the middle of the creek. Mayor Woods clarified they will ask staff to add the above language regarding an escrow fund to the agreement for the June 9 meeting. Referring to Consent Agenda Item B, Commissioner Mark asked if everyone agreed to the 90-day calendar. Discussion ensued. Mr. VanLiere explained the discussion from the last meeting of how the calendar could work. Further discussion ensued. Discussion ensued regarding the Ordinance and grouping all meetings on Monday meeting nights as either a workshop or a voting meeting. Mayor Woods stated they would no longer need the calendar because everything would be on those Mondays. She stated the question for staff would then be what are the things that go onto the workshop agenda and what can routinely go on the voting meeting. Commissioner Hill stated any Commissioner should be able to pull an agenda item for a full vote if it is important enough to do so, so absentee isn't going to be a big issue. Mayor Woods stated the items that would be on the voting agenda every time would be approval of the minutes. Mr. Van Liere stated they are beginning to discuss another agenda item, the Ordinance in 7 A. Mayor Woods stated they will go to 7A then. 7. Action on Ordinances A. ORDINANCE NO. 5-14-61, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR TWO (2) REGULAR MEETINGS PER MONTH EXCEPT FOR DECEMBER AND PROVIDING AN EFFECTIVE DATE. Mr. VanLiere stated part of what they just brought up was one of the things they struggled with trying to come up with the hybrid version and how would staff decide which items would be heard once and which items would be moved. He stated the Commission always has the option to defer something that is on the agenda to the next meeting if they want to spend more time discussing it. He further summarized the Ordinance and explained the chart and the timeline for agenda items, stating the other part of their proposal was to add the extra week that the agenda is put out to the public for the meeting. When asked by Commissioner Hill if the City Attorney sees any problem procedurally with any of the discussed items, Mr. Komando clarified that it is the Commission's will in how they want to run the meetings. He stated there are certain things that require two hearings and certain things that have to be after a certain time, after 6:00, which they always do anyway, dealing with comp plan and zoning issues; Minutes-City Commission Workshop Page4 AGENDA ITEM # 1 C JULY 14,2014 May 27,2014 but aside from that and the fact that ordinances require two meetings, he does not see any problems if this is something they want to adopt. Mayor Woods stated then they will request staff to bring back a revised ordinance at the next meeting. City Clerk Bartle stated it is on the agenda for first reading with the time changed to 6:30. She stated they could add to it to adopt that chart as a standard. Mr. Van Liere stated it is a guideline, not a rule; there will always be exceptions. (Commissioner Mark left the meeting at 8:01 p.m. She returned at 8:03 p.m.) Discussion ensued. Following discussion about the waiver for the driveway that is on the agenda later, Jeremy Hubsch explained waivers don't go to the Community Development Board, but zoning variances do go to them and do not come before the Commission. He stated use-by-exceptions go to the Board and then come before the Commission and they do get noticed to all residents within 300 ft. of the proposed use-by-exception. Commissioner Beckenbach stated he believes if the Community Development Board has that much authority they should also be under a microscope and also have an agenda go out to the citizenry so the citizenry can review what is being discussed as far the variation, changes or exceptions to the zoning. Mr. Hubsch stated the agenda is put on the website also, so it is disseminated to the public. Further discussion ensued. It was the consensus that the use-by-exceptions will come before the Commission twice. (Commissioner Daugherty left the meeting at 8:11 p.m. He returned at 8:17p.m.) Discussion ensued regarding how to schedule the meetings/workshops. Mayor Woods stated she doesn't have a problem with having the voting meeting and a workshop at every meeting. City Clerk Bartle stated an advantage of having this all in one meeting is, if there was something that was meant for discussion, it can be pulled out of order and addressed earlier in the meeting for whatever reason. She stated if they have to wait until the workshop, they won't know what time the workshop is going to start to tell the people to get here and have no option of letting them speak earlier. Commissioner Becken bach stated he likes the workshop and would still like to continue with the way it is currently. Mayor Woods stated they need a clear consensus for staff and asked that each Commissioner give their opinion as to how they would like staff to proceed. Commissioner Mark stated she is confused stating she doesn't know how to respond. She stated she thought the next step was to either vote as it is being presented or move to amend and discuss those amendments at the meeting to be voted on. She stated she doesn't have any amendments to discuss. Commissioner Hill stated he wanted to give staff direction to follow the intent of what they were presented, with the modifications that were discussed, regarding having the items for two mandatory visits and not counting any other board as a touch point. He stated he would also like to vote to review this in four meetings to make sure they haven't gotten into a track and talk about this one more time during the workshop process and the fourth meeting and make sure it is working properly. Commissioner Mark spoke to the use-by-exception and having the Commission review it twice. She stated just because they have that for this Commission doesn't mean it will be on the future Commissions. She stated for this Commission, fme, but she doesn't believe they should say that is going to be etched in stone on any future Commissions. She further reminded them that the Community Development Board is in place for a reason and they do a thorough job as far as their review. She stated if this Commission believes they need to look at it two more times beyond the Community Development Board, then that, to her, contradicts what they are trying to do as far as being a friendly town and getting things done. She cautioned what those unattended consequences may be to do that and believes if you have a use-by-exception you do your homework, talk to the applicant and do your own due diligence. She reiterated just because they are going to put it twice on this Commission doesn't mean that is going to be the way it is going to stay. Commissioner Hill stated the only reason he was comfortable with that was that it didn't add time to it because of the new technique. He stated it didn't burden the homeowner time wise and didn't slow a project down. He stated the visit was already going to happen. He stated they condensed it into the same calendar period by doing it two times a month. Commissioner Mark disagreed, stating the Community Development Board would look at it, they would send their Minutes -City Commission Workshop PageS AGENDA ITEM# 1 C JULY 14,2014 May 27,2014 recommendation, then the applicant would come here and then would have to come back for the Commission to approve it. Mayor Woods explained she believes Commission Hill is saying the way the meeting schedule is now it takes a month for us to look at it once and by changing the schedule they can look at it twice in that same month. Commissioner Hill agreed that was all he was saying. He stated he was conscientious that they didn't want to burden the citizen in the process and didn't add any time to it, which he would have been real sensitive to. Further discussion ensued. Commissioner Daugherty stated he wants to have meetings like they used to have them with a little more notice and then having the time from 5:00-6:30 set aside for any workshops they may decide they want to have. Mr. VanLiere recapped they will use the chart as a guideline in assembling the agenda to determine whether or not certain things are going to be seen twice under miscellaneous business and make sure the use-by-exceptions are seen twice. Ms. Bartle clarified, with the first time being a discussion only. B. ORDINANCE NO. 80-14-85, Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE IV, RECLAIMED WATER SYSTEM, ADDING SECTION 22-365 CHARGES FOR RECLAIMED WATER SERVICE, PROVIDING FOR AN EFFECTIVE DATE. Mr. Van Liere stated this is to establish the rates for the reuse water for the country club and the homes that would be tied into it in the future. Public Utilities Director Donna Kaluzniak further explained the ordinance. She answered questions from the Commission. Discussion ensued regarding the rates. It was consensus of the Commission to direct staff to bring the ordinance back with a 75% rate. Mr. Van Liere stated they can set rates every year. He stated the master agreement they agreed to with the country club had a lot of hoops to jump through to come up with the rate so they came up with the market rate, industry standard. He stated a subsidized rate of 75% is about the going rate. Further discussion ensued. C. ORDINANCE NO. 80-14-86, Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, AMENDING SECTION 22- 30, PRIVATE FIRE PROTECTION SERVICE TO PROVIDE METHOD OF MONITORING FIRE LINE USAGE; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE. Ms. Kaluzniak explained fire lines are water lines going into a building for fire protection. She stated typically they aren't metered but in 2005 the City was concerned about water loss so they did an ordinance to require all people putting in fire lines to meter those lines. She stated at the time it didn't seem that onerous, just looking at the meter itself, but after you have to put it in and build a vault and do a bypass line, etc. metering a fire line can add $14,000-20,000 for a business. She stated they would like to change the ordinance so fire lines are only required to have what is called a detector check meter, which she explained. She further explained in the ten years they have had the requirement to meter they have not seen anybody stealing water through their fire line. She stated rather than keep hammering on businesses, especially since they are still recovering from a recession, they would like to do the detector check meter instead. Commissioner Hill asked if the detector check meter serves any purpose. He stated the fire lines are monitored and will report an alarm that will generate a call to the fire department and a response and asked if they couldn't just check the number of responses to a building in a year and see if they have a problem, or do they want to know the volume of water that gets discharged each time. Ms. Kaluzniak stated, no, with the detector check meter, they are just basically checking to see if water went through it at all. Commissioner Hill stated he doesn't believe a detector meter is even necessary because the business would not want to flow water in their building through that system because it is Minutes-City Commission Workshop Page6 AGENDA ITEM# lC JULY 14, 2014 May27, 2014 rusty. He stated it has no useful purpose whatsoever, unless they flow everyday in large quantities. He stated also, it will sound an alarm if it's properly installed and it is inspected annually. He reiterated he doesn't believe they need any kind of metering on that. Answering a question from Mayor Woods, Ms. Kaluzniak stated the meters are fairly inexpensive, probably a few hundred dollars. Commissioner Hill stated to have it installed would be around $3,000. Discussion ensued. Commissioner Hill stated if the City suspects somebody is stealing water for some purpose, he would think there are other methods because we are wasting money inspecting those meters and he believes that is pointless. He asked what is driving the need for this. Ms. Kaluzniak stated they are just trying to reduce water loss. She reiterated that over the last ten years they haven't seen anything go through the meters. Mr. VanLiere stated they would do further research for the next meeting. D. ORDINANCE NO. 20-14-127, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014, AND PROVIDING AN EFFECTIVE DATE. Mr. VanLiere explained the amendments to the budget. He stated the total is $179,224 in revenues and expenses and a net of $44,862 additional expenses. 8. Miscellaneous Business A. Public Hearing-UBEX-14-00100012-Request for use-by-exception as permitted by Section 24-112 (c)( 5) to allow the permanent storage of automobiles and automotive repair in the Light Industrial and Warehouse Zoning District located at 1840 South Mealy Street. Jeremy Hubsch explained the use-by-exception, showing a slide ofthe site. He stated they have already opened the business and the use-by-exception was initiated because they came in for their local business tax receipt and they were told they had to get a use-by-exception per our Code. He stated there is nothing we can do to stop them from opening up. Mayor Woods asked why we couldn't stop them from opening. City Attorney Komando explained a business receipt tax is just the City's way to collect tax for someone operating a business; it doesn't impart any authority for someone to open the business. Mr. Hubsch stated if someone does open up in an area that doesn't meet the zoning, our Code Enforcement Department can cite them for that and we can take them through the process. He explained sometimes we will find out that a business opened without us knowing about it; Code Enforcement then goes to them and informs them they aren't allowed to be in this district or they need to get the business tax receipt which then spurs them to check the zoning and tell them whether they are approved or need to get a use-by-exception. Commissioner Daugherty asked if this doesn't get approved, what happens to their business. Mr. Komando stated then they are operating in violation of the ordinance and they can be cited. Mayor Woods stated the business could be there but they couldn't do the things they don't get the exception for, i.e. store their cars there. Discussion ensued. Commissioner Hill stated a concern about employees living at the building. Mr. Hubsch stated the use-by-exception process is a contract between the business and the Commission so they could put a condition in there that states no residential or no persons staying overnight, etc. Mr. Komando stated he saw no problem with adding the condition but the ability to enforce it on an operation that may run 24 hours/day may be difficult. Commissioner Hill stated he just doesn't want them to have built-in dorms. Mr. Hubsch stated they will work on that language before the June 9 meeting. He answered questions from the Commission. Further discussion ensued. Mr. Carper further explained an issue with changing the use of the site. He stated there is a 1990 St. Johns River Water Management District Environmental Resource Permit on site for the file. He Minutes -City Commission Workshop Page7 AGENDA ITEM# 1C JULY 14,2014 May 27,2014 stated they have a dry retention basin in the Northwest comer. He stated he would recommend that we require them to get that permit either renewed or updated based on their proposed use of the site. He stated they are not proposing to add more impervious surface but if they are going to be routinely parking cars on that, the Water Management District would consider that an impervious surface also. Mayor Woods asked that Mr. Carper get with Mr. Hubsch to come up with the language for that. B. Public Hearing-Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a Thirty-Foot Driveway at 436 Beach Avenue. Mr. Carper stated the builder has constructed this driveway without a permit. He stated the permit was on hold waiting for this waiver to be approved. He stated it is, therefore, within the City's power to tell him to take the driveway out. He explained it is a paver driveway which requires both a right-of-way permit and a revocable encroachment permit. He stated the residents have received their Certificate of Occupancy and the house is occupied. He stated that was an error on his part. He stated he should not have signed off on the Certificate of Occupancy, knowing the driveway had not been permitted. He stated he did not know at the last Commission meeting, when this was discussed, that the driveway had been constructed. Commissioner Hill asked about a curb at 7th and Beach that was completed by the same builder. Mr. Carper stated that was put in at his direction. Commissioner Hill stated the problem is that it is a real deep trough and it creates a hazard. He stated it is a tire trap for a bike. Mr. Carper explained the purpose for this was that they had an issue of water from Beach Avenue running onto the houses to the south and he was trying to direct water back to the north. Mayor Woods stated that was a separate issue and asked if there were any other comments on the driveway. Commissioner Daugherty asked why they wouldn't approve this driveway. Mr. Carper explained none of the other driveways carne through this process because this driveway limitation has only been in the Code for five years. Those other driveways that are already wider than this were built before they had a restriction. Commissioner Daugherty stated he is in favor of approving this because the homeowner is the one who is the victim if they make them tear it up because we have already given them the CO. He stated he would like to find a way to have this not happen again. Mr. Carper stated the check on this should have been his signature on the Certificate of Occupancy but he made a mistake. Commissioner Hill stated he agreed with Commissioner Daugherty and there is not a line of neighbors complaining so he believes they should move on. He stated he is leaning toward approving it but that in the future they should address these. Mr. Carper stated the builder was here at the workshop and nobody discussed it so he thought he was good to go. Discussion ensued. Mr. Carper stated Public Works needs to tighten up our Certificate of Occupancy inspections to make sure that what's on the ground before they sign off is what is permitted. Discussion ensued regarding setbacks. Mr. Hubsch explained the background of what occurred regarding the setbacks and permitting when the house was built. Further discussion ensued regarding the driveway. Commissioner Mark stated she believes the builder needs to remove it, because he knows what the processes are, having built in Atlantic Beach, and he took it upon himself to go ahead and build this driveway knowing that we had not given him permission. She stated we should not reward bad behavior. Commissioner Daugherty stated he would agree with Commissioner Mark except there will be a cost associated with removing the driveway and putting it back later. He stated since they had the CO, the resident has probably already paid the developer, so his question is who bears the cost. Further discussion ensued. Mayor Woods asked that staff continue to research the garage issue. C. Sewer Rehabilitation in Donner Subdivision HMGP Grant. Minutes-City Commission Workshop Page 8 AGENDA ITEM# I C JULY 14, 2014 May 27,2014 Donna Kaluzniak explained this is for the Hazard Mitigation Grant we received from the Department of Emergency Management. She stated similar to our other sewer rehab projects, staff would like to piggyback on the Insituform and Concrete Conservation Inc. contracts to do the cured-in-place pipe and manhole rehab and also have some contingency left for point repairs or to use for additional cured-in- place or manhole rehab, as needed. She stated she is requesting permission to approve the same process they have with the other sewer rehab projects. D. Engineering Design of Stormwater Improvements for Seminole Road Drainage Improvements and Streetscape Project (PW1407). Mayor Woods stated the City Manager advised there is a revised version of the staff report. (The revised staff report is attached and made part of this Official Record as Attachment A.) Rick Carper explained this was one of the projects for the storm water master plan and summarized the project. He answered questions from the Commission. Item SF was taken out of sequence and acted on at this time. F. Request from the Friends of Atlantic Beach Elementary School. Commissioner Hill stated he wouldn't mind asking them to look at a soft track. Mayor Woods stated that is what they are doing. E. Sign Amortization. Mayor Woods stated she would like to defer discussion on this item for two weeks. It was the consensus of the Commission to defer discussion until June 9. F. Request from the Friends of Atlantic Beach Elementary School. This item was taken out of sequence and acted on earlier in the meeting. G. Town Center Landscaping. This item was taken out of sequence and acted on earlier in the meeting. 9. City Manager A. City Manager's Report. There was no discussion on this item. 10. Reports and/or requests from City Commissioners and City Attorney There was no discussion on this item. Minutes-City Commission Workshop Page9 Courtesy of Floor to Visitors AGENDA ITEM# 1C JULY 14,2014 May 27,2014 Mark Tomaski, 448 Snapping Turtle Court W., discussed the workshops stating he is disappointed there is discussion to have them removed and hopes they keep them in place. Chris Jorgensen, 92 W 3rd Street, commended the City for the Meet the Chief program. Adjournment There being no further discussion by the City Commission, Mayor Woods declared the meeting adjourned at 10:04 p.m. Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor *Formal action (if needed) will be taken at the Commission Meeting of June 9, 2014. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT ATTACHMENT A AGENDA ITEM# 1C JULY 14, 2014 AGENDA ITEM: Engineering Design of Stormwater Improvements for Seminole Road Drainage Improvements and Streetscape Project (PW1407) SUBMITTED BY: Rick Carper, P.E., Public Works Directorfl<:._ DATE: May 12, 2014 STRATEGIC PLAN LINK: 13. Stormwater Master Plan Projects BACKGROUND: In April, the Commission approved Staffs recommendation of Genesis BUDGET: Group for the Engineering Design of Seminole Road Drainage Improvements and Streetscape and authorized staff to negotiate scope and fees for these services. Staff, in consultation with the City Manager, has reached agreement on the Scope of Services and Fee proposal attached to this staff report. The Scope of Services includes stormwater project design, geotechnical and environmental services and environmental permitting. Also included is development of Streetscape options with decorative lighting that are to be presented at workshops before final design choices are made. Design of a new water main to replace the existing ~60 year old 8" cast iron line with a new 12" PVC main is included in this project. The complexity of the project is such that it will not be ready for bidding in this fiscal year. The Base Fee proposal is $117,920.00, including $17,000 for topographic survey. Original budget for project PW1407 was $490,000, with $240,000 from Stormwater Account, 470-0000-538-6300 and $250,000 in the Half Cent Sales Tax Account, 131-5002-541-6300. $62,000 was transferred for the Stormwater point repair on Sailfish Drive. Additional funds will be allocated to this project in the new budget, including funds from the Water Enterprise Fund for construction of the new water main. RECOMMENDATION: Staff recommends the Commission approve the Scope of Services and Fee Proposal for Engineering Design for Seminole Road Drainage Improvements and Streetscape and authorize the City Manager to sign the contract with Genesis Group. ATTACHMENTS: A. Scope of Services for Engineering Design for Seminole Road Drainage Improvements and Streetscape Improvements B. Contract Fee Summary ~- REVIEWED BY CITY MANAGER: ::7z t/Oc--t ;Z.eA..yf' BUILDING DEPT. MONTHLY ACTIVITY REPORT ~ COMPARISON REPORT REPORT FOR THE MONTH MAY 2014 COMPARISION 2013-2014 PERMIT TYPE ~-~~-~-NUMBER OF PERMITS l---~~---TOTAL INSPECTIO-NS YTD 2013 YTD 2014 YTD 2013 YTD 2014 YTD 2013 YTD 2014 ~----=:--'----~---=~~-~-~ . -~12~--r-==~~-_!-~ ----~~9,55~fi--~--~~~~$4,~~~~o;~~~IT ______ _ 133 2~8 --I -l: 1,771,92o.oo 1 _$2,446,oo6.oo, ---__ ~~r 9~4-~--1o~--, ----f--4,579,464-o-o: l 3,!~~::;ri:~~ · ~------------ .----------~--- ~-----TOTAL 1073 1315 ~ 7,060,934.00 • $1Q!761,251.00 ·~-2146 .... 1952 ___ ~~ PERMITS ISSUED FOR THE MONTH OF MAY 2014 NO.PERMITS PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED ~~!~~~t~~l~IJLTI .: J . ~ : 5,264.~0 t ~ H~-.. -~-1,807!100.~0 ~~~~~~AL 23~~---~- RESIDENTIAL ADDITI<:)r-JS . ...... ~ . ~ -~0 $ --. $ -. -! PLUMBING 63 ~~~!IAL ALTERATIONS 25 =f=-3.!428.00 =-~ _ $ 448,070.00 MECHANICAL 64 COMMERCIAI::~f',IEW 2 __ ~ 587.0Q_'~--_ Jl~-_____ !07,654.0Q_ MISC. _ _ __ 17 ~~:~!~~i~~~~~I~NS r---!--____l_~O ____ i -449~ TOTAL-~~ ELECTRICAL ... .. . ... 29 . . .. $ . 2,825:00 $ ~-~ --~--, Projects to Note: New Duplex MECHANICAL GAS c_~ _· _·-__ 6 ~ I $ .:::-._ --~~ --60S.OO ----.. -~---$ ~~~700.00 _None ... -__j_ ___ ~ ~~i~~~VA~~t_-t . ~==-]1fl~=~ -~i~-u~~ ~~~~~i~~r:_~o~o ~~~~fiE~~:TIO~ -~ _:::.-~ L_---~ --=-·-=tt=~-==:~-:~ ~~~:~~~~~~~~~ '~ ~~~:~~~:~~ SIGNS 3 i $ 215.00 $ -Projects to Note: New Commercial FENCES ~--~=--=-=--===-----· 8 ----$--···· 280.00 $ ·-~ -~-==~-~~:160Q_ SeJyC!Ma~ill~[__L ___ ~-2~()~00.00 DRIVEWAYS -6--~---------$ -·· ~-~--245.00 ··--.. · -~~~--~$_____ -new pump lift station SIDING-~~-----5=~~~=--==~~--_ $ ~---=--~-==A95.00-~---~-. $--~~---=~=---2Y,4oo.oo ;199SFrancisAve l$ -···-_ 82,654.00 f»Q_QI_ 5 $ 930.00 $ 135,752.00 new metal building PLAN CHECK FEES ; .... ___ 76 ~--·-~-~$ . -·----~7,652.00 ··-$ --·-------· ···-··--~--~-----~··~-··· ·-·-----~--~-- ~ ~~----TOTAl.[ 316 $ 37 .446.oo ---~ -~-~ 1 $ 3,344,57o.oo I CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGEN DA ITEM II 40 J ULY 14.20 14 AGENDA ITEM: Concrete Repairs for the Pub lic Works/Utilities Department SUBMITTED BY: D~~;~~lic Works Director June13,~14. DATE: STRATEGIC PLAN LINK: None-annua l contract. BACKGROUND: Bid number 1314-08 was opened on March 6, 2014 at 3 :00PM. There were three bidders. Bid award criteria was based on the lowest tota l of items 1 thru 18. Bidders C.A.P . Contracting, Gruhn May, Inc Taylor Concrete Inc Services Total $203.79 $282.25 $202.15 The bid stated the contract would be awarded to two contractors. The contract was awarded to C.A.P. Contracting and Taylor Concrete Services on April 14, 2014 . On May 8, 2014, Taylor Concrete Services sent an emai l stating they were closing their business. On June 12, 2014, we received a letter from C.A.P .Contracting Inc. withdrawing their bid, stating that their bid prices did not cover all the necessary materials, equipment and labor needed to complete the project. They said they had assumed that this project was to be based on a larger volume of work . Staff contacted the third bidder, Gordon Gruhn of Gruhn May Inc. and he stated he wou ld honor his bid prices. RECOMMENDATION: BUDGET: ATTACHMENTS: Award the contract for concrete repairs for the Public Works/Uti lities Department to Gruhn May Inc. This company is currently our point repair contractor and our experience with them has been positive . Concrete repair is budgeted as a discrete line item in the Streets, Stormwater, Water and Sewer 3400 accounts. Total funds allocated in the current year budget are $74,000 . Bid Tabulation Sheet and Letters REVIEWED BY CITY MANAGER: _7{..:;,......;._.'---~"'-'-a----=o4...;..:;tf<,::...=;"'=~;;_~ ------- BID 1314-08 Required Documents Submission in Triplicate -All Documents Document Requirements Checklist Bid Form Insurance Certificate References -Three (3) Buisness Tax Receipt Proof of Experience -Five (5) Years Drug Free Workplace Public Entity Crimes Statement Completed W-9 Form New Vendor Information Form Documentation of any Addenda Grand Total for all Tear Out, Removal, Pour and Finish-Amounts of Items 1-18 of Bid Form, as per the Award Criteria noted in Section II, Item 5 of Bid "" .. City of Atlantic Beach ANNUAL CONTRACT FOR CONCRETE REPAIRS March 6, 2014 C.A.P Contracting, inc. Gruhn May, Inc. X X X X X X X X X X X X X X X X X X X X X X X X $203.79 $282.25 Award of Bid based on Department Analysis and City Commission Approval 3:00PM Taylor Concrete Services, Inc X X X X X X X X X X X X $202.15 RE-Bid Opening: March 06, 2014 BID 1314-08 ANNUAL CONTRACT: CONCRETE REPAIRS C.A.P. Contracting, Inc Taylor Concrete Services, Inc Gruhn May, Inc TOTAL FOR TEAR OUT, REMOVAL, POUR AND FINISH 1) 4" TIDCK CONCRETE, per SF $4.50 $4.45 $6.75 2) 5 " thick concrete, per SF $4.75 $4.80 $6.90 3) 6 " thick concrete, per SF $5.00 $5.15 $7.20 4) 18 " curbing City Standard curb, per LF $27.00 $19.00 $31.00 5) 18 " curbing Drop Curb curb, per LF $20.00 $17.95 $22.00 6) 18 " curbing Median Curb, per LF $17.00 $19.20 $25.00 7) 18 " curbing Miami Curb, per LF $17.00 $17.85 $31.00 8) 18 " Ribbon Curb, per LF $17.00 $17.85 $26.00 9) Expansion joint, per LF $0.24 $0.40 $0.50 10) Sod Strip (16"x24"), as needed, PerEA $2.05 $2.60 $1.20 POUR AND FINISHING ONLY 11) 4 " thick concrete, Per SF $4.00 $3.35 $5.50 12) 5 " thick concrete, Per SF $4.50 $3.55 $5.90 13) 6 " thick concrete, Per SF $4.75 $4.15 $6.30 14) 18 " City Standard curbing, Per LF (per $20.00 $18.20 $26.00 detail sheet) 15) 18 " Drop Curb, Per LF (per detail $17.00 $16.10 $10.00 sheet) 16) 18 " Median Curb, Per LF (per detail $13.00 $16.55 $26.00 sheet) 17) 18 " Miami Curb, Per LF (per detail $13.00 $15.50 $26.00 sheet) 18) 18 " Ribbon Curb, Per LF (per detail $13.00 $15.50 $19.00 sheet) Grand Total ofltems 1 tbrn 18 $203.79 $202.15 $282.25 OTHER 5 " thick Brick Stamped concrete, per SF $7.00 $11.50 $10.80 5 " thick Colored Concrete, per SF $8.00 $8.75 $9.50 Install/Repair Brick Pavers, per SF $14.00 $3.25 $8.80 Additional charge for fiber mesh, if $1.00 $0.20 $1.00 required, per SF RE-Bid Opening: March 06, 2014 manhole ring & covers per I attachment "B", per each water valve jackets per attachment , per each concrete collar around manhole attachment "B", per each concrete collar around water valve per attachment "C", per each $275.00 $150.00 $425.00 $250.00 BID 1314-08 ANNUAL CONTRACT: CONCRETE REPAIRS $400.00 $400.00 $400.00 $400.00 $580.00 $230.00 $410.00 $220.00 Drake Patricia from: Sent: To: Cc: Subject: Tom Taylor [ttaylorconcrete@gmail.com] Thursday, May 08, 2014 2:05 PM Carper, Rick Drake, Patricia; mlyons@coab.us contract TAYLOR CONCRETE SERVICES INC. 603 15TH. STREET NORTH JAX BEACH, FL. 32250 904-329-0663 MayS, 2014 Dear Mr. Carper, AGENDA ITEM# 4B JULY 14,2014 I am sending this e-mail to explain the past few years have been a pleasure working with you and I wish you the best of luck with your future. This Friday May 8, 2014 I will be shutting my business down as I have been offered a great opportunity to go back and work in the corporate world. Therefore we will not be able to do any more concrete under the city contract. We thank you again. TOM TAYLOR TAYLOR CONCRETE SERVICES INC. 1 June 12, 2014 C.A.P. CONTRACTING INC. 1115 EDGEWOOD A VENUE WEST P.O. BOX 9531 JACKSONVILLE, FL 32208 (904)765-1155 (904) 764-7216 FAX City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 AGENDA ITEM# 4B JULY 14,2014 RE: BID 1314-08 ANNUAL CONTRACT FOR CONCRETE REPAIRS Gentlemen, Thank you for allowing us to meet with you today to discuss this project. After reviewing our figures we submitted and based on the meeting today we have concluded that our bid prices will not cover all of the necessary materials, equipment and labor needed to complete this project. We assumed that this project was to be based on a larger volume of work. We are asking for our bid to be withdrawn at this time. It was a pleasure meeting with you today. Respectfully, ,/~~0 /)1'~ Peg~yVJ Project ----~~------------~--------~------~ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 1\G I ~N D A I TE M II 6A JU LY 14,20 14 AGENDA IT EM: Atlantic Beach Country Club Wooden Bridge Maintenance and Hold Harmles s Agreement and Resolution No. 14-06 authorizing the City Manager to sign the agreement and any r elated documents. SUBMITTED BV: Rick Carper, P.E., Public Works Director DATE: May 12, 2014 STRATEGIC PLAN LINK: None. BACKGROUND: A s part of the residential development for the new At l antic Beach Country Club , the Developer, Atlantic Beach Partners, proposed constructing a wooden bridge to connect the ea st (Country Club) and west (re sidential) sides of Sherman Creek. Thi s wooden bridge is a high end, structural bridge designed for full H20 (34,000 lb) truck loading. Because the City of Atlantic Beach does not have bridge maintenance capability, as part of the Building Permit approval proces s, Staff requested the Developer enter into a perpetual maintenance agreement with the City. A s part of this agreement, the Developer (initially) and the Country Club will be responsible for routine inspections and maintenance to en sure bridge is maintained to its desi gn life. Additionally, Se ction 9 of the agreement contain s indemnification language that hold s the City harmless for accidents or events re sulting from the Developer's failure to maintain th e brid ge in safe and satisfactory condition. BUDGET: There is no budget impact to this agreement. RECOMMENDATION: Approve Re solution No . 14-06 authorizing the City Manager to sign th e attached agreement and any related documents. ATTACHMENT: 1) Maintenance and Hold Harml ess Agreem ent ABCC Bridge -Fin al Draft 2) Resolution No. 14-06 REVIEWED BV CITY MANAGER: --?J. I/' a-r o;I'U:c../ RESOLUTION NO. 14-06 AGENDA ITEM# 6A JULY 14, 2014 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE CONTRACT BETWEEN THE CITY OF ATLANTIC BEACH AND THE ATLANTIC BEACH COUNTRY CLUB DEVELOPMENT REGARDING MAINTENANCE OF A WOODEN BRIDGE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 26, 2013, the City approved the Ordinance granting the Special Planned Area designation for the Atlantic Beach Country Club to be developed by the Atlantic Beach Partners, LLC; and WHEREAS, Atlantic Beach Partners proposed to install a wooden bridge across Sherman's Creek in the City Right of Way to connect the Country Club area to the residential area of the Atlantic Beach Country Club to maintain landscaped areas on Atlantic Boulevard and portions of Mayport Road; and WHEREAS, the City desires the Atlantic Beach Partners and Atlantic Beach Country Club to maintain the wooden bridge across Sherman's Creek in the City Right of Way in perpetuity; and WHEREAS, the areas to be maintained by the Atlantic Beach Partners and Atlantic Beach Country Club are identified in Attachment "A" of the base agreement. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Manager is hereby authorized to execute the Agreement for Maintenance with the Atlantic Beach Country Club and any related documents on behalf of the City of Atlantic Beach. SECTION 2. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 9th day of June, 2014. Approved as to form and correctness: Richard Komando, Esquire City Attorney ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor MAINTENANCE AGREEMENT AGENDA ITF.M II 6A JULY 14,2014 THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into by and between City of A tl antic Beach, Flori da ("City") an d Atlantic Beach Partners, LLC, a Florida Limited Liability Company ("Developer"), and Atlantic Beach Country Club Owners Association, Inc., a Florida non for profit corporation ("Association"). ·RECITALS· 1 . The Developer, Atlantic Beach Partners, LL C is presently constructing a bridge crossing ("Bridge") located within the City Right of Way in the community known as Atlantic Beach Country Club as Identif ied in Exhibit ''A" hereto ("Property"); 2. The Deve loper desires to assume maintenance of the Bri dge In order to improve the aesthetic appearance of the community until such time as the Developer turns over the obligation to maintain the common areas of the Property to the Associati on , at which time the Association shall assume the ob ligation to maintain the Bridge; 3. The Property is Within or adjacent to the corporate limits of the City; and 4 . The City, by resolution number I 'fo fa Exhibit "8", authorized its officers to enter this Agreement. dated _____ , attached hereto as NOW THEREFORE , with full knowledge and understanding of the laws governing the subj ect matter of this Agreement, and in consideration of the foregoing recitals and the mutual covenants and conditions con tain ed in this Agreement, the parties, Intending to be legally bound, acknowledge and ag re e as follows: 1. RECITALS & EXHIBITS The above recitals an d attached Exhibits, if any, a re specifically Incorporated by reference and made part of this Agreement. 2. EFFECTIVE DATE The effective date of th is Agreement shall be the date the last of the parties to be charged executes the Agreement ("Effect ive Date"). 3 . TERM The term of this Agreement shall be for the life of the bridge, commencing on the Effective Date, unless otherwise terminated by the City in writing . 4. COMPLIANCE Tl1e Developer shall perform Its obligations under this Agreement in accordance with all applicable federal, state, local , adm in istrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards an d permits, as the same may be cons tituted and amended from time to tim e, including, without limitation, those of the City, St. Johns River Water Management District, Florida Department of Environmental Protection, Environmental Protection Agency, and Army Corps of Engineers. 5. MAINTENANCE A. Th e Developer sha ll maintain the Bridge in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of th is Agreement. For purposes of this Agreement, unless otherwise noted in Exhibit "A", the locations to be maintained by the Developer shall be maintained pursuant to the maintenance standards as defined in ( 1) Section 1 02 o f FOOT's Standard Specifications for Road and Bridge Construction ; (2) the Manual on Uniform Traffic Control Devices; (3) th e FOOT's Roadway D esign Standards In dex 600 Series; and (4) other applicable Governmental Law. Should the City determine that any item of maintenance related to the Improvement has fallen below the desired MA with COAB-ABP/ABCC FINAL (04-21-1 4) Page 1 AGENDA ITEM# 6A JULY 14, 2014 maintenance standard; the Developer agrees to immediately bring the deficient item up to the maintenance standard, at its sole cost and expense. The Developer will not be held responsible for a failed MRP rating, so long as such rating is not based on any negligence, intentional or wrongful act, omission or breach of contract by the Developer. B. The Parties' representatives and points of contact for the administration of this Agreement shall be identified in the "Notice" section of this Agreement. C. The Developer shall maintain all Bridge maintenance requirements within the Property, including, without limitation, performing the following: (1) Routinely inspect the Bridge for deficiencies; wear & tear, coating protection, wood cracking or splintering, structural hardware wear, bolt tightening, railing (safety) conformity, structural integrity, and maintenance of stripping and markings; as required by the FOOT Bridge Maintenance And Repair Handbook (most recent Version). (2) Routinely inspect the Bridge decking and railings for aesthetic purposes and for the benefit of the health, safety and welfare of those members of the public traversing or otherwise utilizing the Bridge; and (3) Routinely remove any obstructions that may cause harm to the Bridge structure; (4) Routinely keep the deck surface protected, inspect any deficiency where the Bridge ties to the paved roadway system; (5) Routinely check for piling settlement of beam, girder and decking deterioration; (6) Routinely inspect structure components and hardware connections; and (7) Routinely keep the Bridge free of debris. (8) Not less than every two years have a complete bridge inspection performed by an FOOT Certified Bridge Inspector. Report of inspection and corrective action plan including timeline for any deficiencies noted shall be provided to the City. D. The City and the Developer shall be responsible jointly for clean-up, removal and disposal of debris within the Property following and resulting from natural disasters, including, without limitation, hurricanes and tornadoes. For debris to be removed by the City or its contractors, it must be within the City's rights of way. E. If the City determines that the Developer is not maintaining the Bridge in accordance with the terms and provisions of this Agreement, the City shall deliver written notification of such to the Developer. The Developer shall have thirty (30) days from the date of the City's written notice, or such other time as the City] and the Developer mutually agree in writing, to correct the deficiency and provide the City with written notice of the same. F. If the City determines that the deficiency remains after receipt of the Developer's written notice indicating that the deficiency was corrected, the City, within its discretion, may: (1) provide the Developer with written authorization granting such additional time as the City deems appropriate to correct the deficiency; or (2) correct the deficiency at the Developer's sole cost and expense. Should the City elect to correct the deficiency, the City shall provide the Developer with an invoice for the costs incurred by the City to correct the deficiency and the Developer shall pay the invoice in accordance with the "Payment" section of this Agreement. MAwith COAB-ABP/ABCC FINAL (04-21-14) Page 2 AGENDA ITEM# 6A JULY 14,2014 G. If at any time in the sole determination of the City, the integrity or safety of the Bridge requires immediate maintenance for the benefit of public health, safety or welfare, the City may perform such maintenance it deems appropriate under the circumstances. The City shall attempt to notify the Developer prior to action under this section, but may take necessary steps to correct emergency situations prior to such notification in order to prevent eminent danger to public health, safety or welfare. 6. MAINTENANCE OF TRAFFIC A. The Developer shall be responsible for the maintenance of traffic ("MOT") at all times during the performance of this Agreement. MOT shall be performed in accordance with applicable Governmental Law and the most current edition of each of the following, as the same may be constituted and amended from time to time, all of which are incorporated herein and made part of this Agreement by reference: ( 1) Section 102 of the FOOT's Standard Specifications for Road and Bridge Construction; (2) the Manual on Uniform Traffic Control Devices; (3) the FOOT's Roadway Design Standards Index 600 Series; and (4) other applicable Governmental Law. B. If the Agency fails to perform MOT as required herein, the City, within its discretion, may elect to perform MOT at the Developer's sole cost and expense. Should the City perform MOT, the City shall provide the Developer with an invoice for the costs incurred by the City and the Developer shall pay the invoice in accordance with the "Payment" section of this Agreement. 7. PERMISSIVE USE This Agreement creates a permissive use only. The Developer shall not acquire any right, title, interest or estate in the Bridge by virtue of the execution, operation, effect or performance of this Agreement. 8. PAYMENTS TO CITY All City invoices submitted to the Developer for payment pursuant to the terms and provisions of this Agreement are due and payable within thirty (30) days of the date of the invoice ("Due Date"). Any portion of an invoice not received by the City by the Due Date shall immediately thereafter begin accruing interest at a rate of interest established pursuant to §55.03, Fla. Stat., until paid in full. 9. INDEMNIFICATION A. The Developer shall promptly defend, indemnify, hold the City harmless from and pay all demands, claims, judgments, liabilities, damages, fines, fees, taxes, assessments, costs, losses, penalties, construction delay costs I penalties, expenses, attorneys' fees and suits of any nature or kind whatsoever caused by, arising out of or related to the Developer's performance, or breach, of this Agreement ("Liabilities"). The term "Liabilities" shall also specifically include all civil and criminal environmental liability arising, directly or indirectly under any Governmental Law, including, without limitation, liability under the Resource Conservation and Recovery Act ("RCRA"), the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Clean Air Act ("CAA") and the Clean Water Act ("CWA"). The Developer's duty to defend, indemnify and hold the City harmless specifically does not encompass indemnifying the City for its negligence, intentional or wrongful acts, omissions or breach of contract. B. The Developer shall notify the City in writing immediately upon becoming aware of any Liabilities. The Developer's obligation to defend, indemnify and hold the City harmless from any Liabilities, or at the City's option to participate and associate with the City in the defense and trial of any Liabilities, including any related settlement negotiations, shall be triggered by the City's written notice of claim for indemnification to the Developer. The Developer's inability to evaluate liability, or its evaluation of liability, shall not excuse performance of the provisions of this paragraph. 10. SOVEREIGN IMMUNITY & LIMITATION OF LIABILITY Nothing in this Agreement shall be deemed or otherwise interpreted as waiving either party's sovereign immunity protections, or as increasing the limits of liability set forth in §768.28, Florida Statutes, as the same may be amended from time to time. MAwith COAB-ABP/ABCC FINAL (04-21-14) Page 3 11 . NOT ICE AGENDA ITEM If 6A .1ULV1 4,2014 All notices, communications and determinations between the parties hereto an d those requ ired by this Agreement, Including, without limitat ion, cha nges to the notification add resses set forth below, shall be in writing and shall be sufficien t if mailed by regu lar United States Mail, postage prepaid , to the par ties at the following addresses: City: City of Atlantic Beach Public Works Director/C ity Engineer City of Atlantic Beach 1200 Sandpiper La ne Atlantic Beach, FL 32233 PH: (904) 247-5834 Fax: (904) 247-58 43 Developer: Atlantic Beach Partn ers, LLC Rick Wood The Wood Development Company of Jacksonv ill e 4 14 Old Hard Road , Suite 502 Fleming Island, Florida 32003 904 264-6553 office 904 269 -2 729 facsim il e 904 813-5647 ce llul ar rwood@wooddev. net A ssociation : Atlantic Beach Country Club Owners Association, Inc. The Wood Development Company of Jacksonville 414 Old Hard Road, Suite 502 Fleming Island, Florida 32003 904 264-6553 office 904 269-2729 facsim ile swood@wooddev.net 12. GOVERNING LAW This Agreement shall be governed in all respect by the laws of th e State of Florida . 13.1NITIAL DETERMINATION OF DISPUTES The City's D irector of Public Works/Engineer shall act as the initial ar biter of all questions, difficultie s, and d isputes concerning th e interpretation, val id ity, perform ance or breach of th is Agreement. 14. VENUE AND JURISDICTION A. Venue for any and a ll actions arising o ut of or in any way related to the interpretation , valid ity, performance or breach of this Agreement tha t are not resolved to th e mutu al sa ti sfaction of the parties shall lie exclusive ly in a sta te court of appropriate jurisdic tion i n Duval Coun ty, F lorida . MA with COAB-ABP/ABCC FINAL (04-2 1 -1 4) Pag e4 AGENDA ITEM II 611 JULY 14,20 14 B. The Developer, assignees, successors and all persons and en tit ies accepting an assignment of this Agreement, in whole or in part, shall be deemed as having consen ted to personal jurisdiction in the State of Florida and as having forever waived and relinquished all personal jurisdiction defenses with respect to any proceeding related to the interpretation, va lidity, performance or breach of this Agreement. 15. JURY TRIAL THE PARTIES HEREBY WAIVE THE RIGHT TO TR IAL BY JURY OF ANY DISPUTE CONCERNING THE INTERPRETATION, VALIDITY, PERFORMANCE OR BREACH OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES ALLEGEDLY FLOWING THEREFROM. 16. ASSIGNMENT The Developer m ay not assign, pledge or transfer any of the rights, duties and obligations provided in this Agreement without the prior written consent of eith er party. The City has th e so le discretion and author ity to grant or deny proposed assig nments, with or withou t cause. Nothing herein shall prevent the Developer from delegating its duties hereunder, but such delegation shall not release the Developer from its obligation to perform this Agreement until such time as the Developer turns over control of the Association to its members. At such time as the Developer turn s over contro l of the Association to its members as provided in Section 720 .307 , Florida Statutes, the ob ligations of the Deve loper set forth in this Agreement shall be assumed by the Association immediately as of such date without need for execution of any further instrument. Developer shall provide notice to th e City of the transition of control to the Association no later than three (3) business days following the turn over of control. From the date of transition of control from the Developer to the Association forward , the Developer shall have no fur th er obligation under this Agreement and all references in this Agreement to the Developer shall be read from that point forward as referring to the Association. 17. THIRD PARTY BENEFICIARIES This Agreement shall be binding upon and inure to th e benefit of the parties hereto and lheir respective successors and assigns. Nothing in this Agreement is intended to confer any rights , privileges , benefits , obligations or remedies upon any other person or e ntity except as express ly provided for herein . 18. VOLUNTARY EXECUTION OF AGREEMENT Each party warrants and represents to the other: (i} that it understands all of the rights and obligations set forth in th is Agreement and the Agreement accurately reflects the desires of said party; (ii) each provision of this Agreement has been negotiated fairly at arm 's length; (iii) it fully understands the advantages and disa dvantages of this Agreement and executes this Agreement freely and vo lu ntarily of its own accord and not as a result of any duress, coercion, or undue influence; and (iv) it had the opportunity to have independent legal advice by counsel of its own choosing in th e negotiation and execution of this Agreement. 19. ENTIR E AGREEMENT This instrument, together with the attached exhibits and documents made part hereof by reference, contains the entire agreement of the parties a nd no representations or promises have been made except those that are specifically set out in this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged ag re ements and representations, covenants, and warranties with respect to the subject matter of this Agreement, and any part hereof, are waived , merged herein and superseded hereby. 20. SUFFICIENCY OF CONSIDERATION By their signature below, the parties hereby acknowledge the receipt, adequacy and sufficiency of consideration provided in this Agreement and fo rever wa ive the right to object to or otherwise challenge the same. 21. WAIVER The failure of either party to insist on the strict performance or comp li ance with any term or provision of this Agreement on one or more occasions shall not consti tute a waiver or relinquishment thereof and all such terms and provisio ns shall remain in full force and effect unless waived or relinquished in writing . MAwith COAB·ABP/ABCC FINAL (04·21·14) Page 5 22.1NTERPRETATION AGENDA ITEM# 6A JULY 14, 2014 No term or provision of this Agreement shall be interpreted for or against any party because that party or that party's legal representative drafted the provision. 23. CAPTIONS Paragraph title or captions contained herein are inserted as a matter of convenience and reference and in no way define, limit, extend or describe the scope of this Agreement or any provision hereof. 24. SEVERANCE If any section, paragraph, clause or provision of this Agreement is adjudged by a court, agency or authority of competent jurisdiction to be invalid, illegal or otherwise unenforceable, all remaining parts of this Agreement shall remain in full force and effect and the parties shall be bound thereby so long as principle purposes of this Agreement remain enforceable. 25. COMPUTATION OF TIME In computing any period of time prescribed in this Agreement, the day of the act, event or default from which the designated period of time begins to run, shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday or legal holiday. 26. MODIFICATION OF AGREEMENT A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. 27. CONTRACTUAL SERVICES In the event this Agreement is for a "contractual service" as defined by §287 .012, Florida Statutes, as the same may be amended from time to time, then all applicable provisions of Chapter 287, Florida Statutes shall apply. 28. PUBLIC RECORDS The City and Developer shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the City in conjunction with this Agreement. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties execute this Agreement. City of Atlantic Beach Attest: By: ____________________________ __ By: _______________________ ___ Printed Name:------------Printed Name:------------ Title:---------------Title:--------------- Date: ______________ _ Date:--------------- MAwith COAB-ABP/ABCC FINAL (04-21-14) Page 6 Atlantic Beach Partners, LLC Attest: AGENDA ITEM# 6A JULY 14,2014 By: By:-------------- Printed Name: Printed Name:------------ Title: Title:--------------- Date: Date:--------------- Atlantic Beach Country Club Owners Attest: Association, Inc. By: By:-------------- Printed Name: Printed Name:------------ Title: Title:--------------- Date: Date:--------------- MA with COAB-ABP/ABCC FINAL (04-21-14) Page 7 EXHIBIT "A" (C ity of Atlantic Beach) PROPERTY LOCATION MA with COAB -ABP/ABCC FINAL (04-21-14) 1\GEND!\ ITI~M # 6A J ULY 14,20 14 Pag e 8 ATLANTIC BEACH COUNTRY CLUB Timber Vehicular and Pedestrian Bridge 5-Ton Loading (L/500 Deflection) HS20/44 (L /500 Deflection) Cedor Rol5& Pom Meadowbrook Novojo White Accen~ t. Doe< Sur1'oc~ E.xteriOt ClvlOm CIOOct:ng fOp•lonc!) l.Abutmer'lts YORK • • • • • • • • • BRIDGE CONCEPTS M M M M M M M M I THE PREl\11ER Tlt\IBER BRID(;E COt\tPAN\' \ 4' ~IOEWAI.K TYP. RETAIN ING WAll DESIGN BY OTHERS ANOICAP RAMP PER ,&. ADA ST ANOAROS TYP. FOOT DROP CURB fexhlbltA I .&. 36"x36" STOP SIGN (R1·1) @ 30'R HANDICAP RAI AOASTANOAA CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM# 7A JULY 14,2014 AGENDA ITEM: Proposed Ordinance 80-14-85 for Establishing Reclaimed Water Rates SUBMITTED BY: Nelson VanLiere, City Manager Donna Kaluzniak, Utility Director DATE: May 29, 2014 (Revised) STRATEGIC PLAN LINK: Golf Course BACKGROUND: The Atlantic Beach Country Club, including the residential development is currently under construction. The City is also constructing the reclaimed water facilities to serve the golf course and new development. The City will be providing reclaimed water to both the golf course and to residences for irrigation. Attached is a summary and proposed Ordinance No. 80-14-85 for Reclaimed Water Rates, which will need to be in place soon. The reuse of reclaimed water has both environmental and regulatory benefits. It offsets the use of potable water, reducing the amount of groundwater pumped from the Floridian Aquifer. At the same time, the Water Management Districts are concerned about Minimum Flows and Levels at area lakes, springs and rivers. Utilities are being encouraged to increase the use of reclaimed water. In the City's case, our Consumptive Use Permit requires the City to provide reclaimed water to the new development and golf course. In addition, the St. Johns River Water Management District provided $442,000 in grant funding towards construction of the Reclaimed Water Facilities project. Per a study by the American Water Works Association, reclaimed water rates are typically set lower than the full cost of service. Potable water is less expensive to produce than reclaimed water, though of higher quality. Charging users the same or more for reclaimed water than for potable water would discourage its use. Therefore, the majority of utilities base their reclaimed rates on a market value that is less than the potable rate. This value also takes into consideration the environmental and regulatory benefits of encouraging the use of reclaimed water. The proposed rates are similar to the current Atlantic Beach water rates in several ways. They both have a base charge and a volume charge based on metered consumption. There are also separate rates for residential and commercial customers. This reclaimed water rate adds a third category; bulk customers. This is similar to the rate for reuse water established by JEA and Clay County. A summary of reclaimed water rates from both of these utilities is attached. For the proposed residential and commercial rates, the base charge per month is based on meter size and is proposed to be the same that the City currently charges for potable water sales. AGtNDA ITEM 117A J ULY 14 .20 111 Pe r d iscuss ion durin g the May 27, 20 14 Co mmi ssio n Workshop, the vo lume rate is proposed as a charge of $1.67 per thousa nd ga ll ons. Thi s is ca lcul ated to be 75 perce nt of th e cos t of po tabl e w ater fo r an average 12,000 gallon per month irriga ti on cu sto mer. (T he 12,000 ga ll on per mon th figure was obtai ned by ave raging the co nsumpt io n of irri ga tio n meters in Selva Lakes and Selva Linksi de, wh ich are mos t si mil ar in s ize and natu re to the Jots pro posed fo r th e new deve lopme nt). T he pro posed bulk rate of $0 .30 per th ousa nd gall ons is based on the ave rage of th e C lay Co unt y Utili ty Aut horit y and JEA rates. T hese two util iti es wo uld represent the market va lue for bu lk recl aimed wa ter in o ur a rea. S tatewide C ompari son Acco rding th e Florid a Depa rtm ent of Environmenta l Protect ion's (DEP's) 20 13 Reuse In ve nt or y, a to ta l of 70 ut il it ies in th e state do no t c harge their rec la imed cus tome rs any fee. Of the 133 utiliti es th at charge resid ent ia l custo mers, the average charge per tho usand gall ons is $1.1 5, with a range of $0.12 to $9.36. Th e 227 utili ties th at charge bul k ra te f ees average $0.82 per tho usa nd ga ll o ns, with a range of$0.1 0 to $3 .1 4 BUDGET: As th e 180 homes are con structed) th e City will begin receivi ng wate r and sewer impac t fees as well as reve nu es f rom th e recla im ed water system. fm pact fees wi ll to tal $934 ,200. Annu al revenu es fro m the ne w reclaimed fees are es tim ated at $63,000 per ye ar. RE COMM ENDAT ION S: Pl ace th e Ordin ance No . 80-14-85 on th e Jun e 9, 20 14 meeti ng fo r Jn trodu ct ion and First Rea di ng. ATTACHMEN TS: l. 2. 3. Proposed Ordin ance 80-14-85 Sprea dsheet of Proposed Rec laimed Water Ra tes Sp readsheet of J EA and CC UA Reclaimed Water Rates REVI EW ED BY CITY MANAGE R: ~ t/" a..,...., d{uy; 2 ORDINANCE NO. 80-14-85 AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, CREATING ARTICLE V, RECLAIMED WATER SYSTEM, ADDING SECTION 22-365 CHARGES FOR RECLAIMED WATER SERVICE, PROVIDING FOR AN EFFECTIVE DATE. AGENDA ITEM# 7 A JULY 14, 2014 WHEREAS, the City is constructing a Reclaimed Water Facility and will be providing reclaimed water service to residential, commercial and bulk customers. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; SECTION I. Chapter 22 Utilities, of the Code of Ordinances of the City of Atlantic Beach, Florida is hereby amended to read as follows: Article V, Reclaimed Water System: Sec. 22-365. Charges for reclaimed water service. The reasonable rates, rentals, fees and other charges for the use of the services and facilities of the city reclaimed water system are hereby found and determined to be and are hereby fixed and established as follows: (1) Monthly Reclaimed Water base facility charges for customers inside the City: A monthly reclaimed water base facility charge will be levied upon each connection in accordance with the following: Residential All residential customers $8.97 Reclaimed water base facility charges for the commercial classifications are based upon the meter size and they will become effective as follows: Meter Size in Inches 5/8 or 3/4 $8.97 1 $11.22 1l!z $22.43 2 $35.85 3 $71.73 4 $112.08 6 $224.17 8 $358.67 (2) Schedule of reclaimed water volume charges for customers inside the city: AGENDA ITEM# 7A JULY 14, 2014 a. Residential and Commercial Units. There are hereby-established volume charges for residential and commercial properties as follow: Residential, Cost per 1,000 gallons Commercial, Cost per 1,000 gallons $1.67 $1.67 b. Schedule of reclaimed water bulk rate charges for large users with minimum meter size of 4-inches. Meter size shall be based a Minimum Adjusted Average Daily Flow of 15% of the "Safe Maximum Operating Capacity" of Class II Turbine Meters as specified in A WW A Standard C701. There is hereby-established a volume charge for all large users: Bulk Rate, Cost per 1,000 gallons $0.30 (3) Customers outside the city. The rates applicable to customers outside of the city shall be one and one-quarter (1.25) times the rates above. SECTION 2. Severability If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 3. Effective Date This Ordinance shall take effect upon its final passage and adoption. Passed by the City Commission on first reading this_ Day of 2014. ---- Passed by the City Commission on second and final reading this_ Day of 2014. ---- Carolyn Woods Mayor I Presiding Officer Approved as to form and correctness: Rich Komando, Esquire City Attorney ATTEST: Donna L. Bartle, CMC City Clerk Proposed Atlantic Beach Reclaimed Water Rates Residential Commercial Base Charge Meter Size, Inches Amount Meter Size, Inches 3/4 $8.97 3/4 1 $8.97 1 1.5 $8.97 1.5 2 $8.97 2 3 $8.97 3 4 6 8 Volume Charges per 1,000 gallons Volume Cost/1000 gallons Volume All kgal $1.67 All kgal Bulk Rate Volume All kgal 5/29/2014 Amount $8.97 $11.22 $22.43 $35.85 $71.73 $112.08 $224.17 $358.67 Cost/1000 gallons $1.67 Cost/1000 gallons $0.30 AGENDA ITEM# 7A JULY 14,2014 JEA Reclaimed Water Rates as of 11/22/12 November-12 Residential Commercial Base Charge: Meter Size Amount Meter Size 3/4" $18.90 3/4" 1" $31.50 1" 1.5" $63.00 1.5" 2" $100.80 2" 3" $201.60 3" 4" 6" 8" Volume Charges per 1,000 gallons Volume Cost/1000 gals. Volume 1-14 kgal $2.60 1-14 kgal > 14 kgal $5.60 > 14 kgal Bulk Rate Volume All kgal* All kgal** Amount $31.50 $63.00 $100.80 $201.60 $315.00 $630.00 $1,008.00 Cost/1000 gals. $3.44 $3.96 Cost/1000 gals. $0.14 $0.28 *Customers who are forgoing groundwater withdrawal from SJRWMD **All other bulk customers Clay County Utility Authority Reclaimed Water Rates as of October-12 Residential Commercial Base Charge: Meter Size Amount Meter Size Amount 3/4" $14.69 3/4" $14.69 1" $36.72 1" $36.72 1.5" $73.45 1.5" $73.45 2" $117.51 2" $117.51 3" $235.03 3" $235.03 4" $367.23 6" $734.46 8" $1,175.14 Volume Charges per 1,000 gallons Volume Cost/1000 Volume Cost/1000 gals. 1-15 kgal $0.57 1-15 kgal $0.57 16-20 kgal $1.13 16-20 kgal $1.13 > 20 kgal $1.70 > 20 kgal $1.70 Wholesale Rate: Volume Cost/1000 gals. All kgal $0.32 CITY OF ATLANTIC BEACH CITY COMMIS SION MEETING STAFF REPORT AGENDA ITEM: Detector Checks for Fire Line Meterin g Proposed Ordinance No . 80-14 -86 SUBMITTED BY: Do nna Kalu zniak, Utility Director DATE: May 19,20 14 STRATEGIC PLAN LINK : None AGENDA IT EM I/7B J ULY 14,20 14 BACKGROUND: In 2005, as part of the City 's Water Lo ss Preve nt io n Pro gram , s taf f recommended and th e Co mmi ss ion app roved an Ord inance requiring full metering of new fire serv ice lin es. Fire serv ice lines are individual wa ter services that are used stri ctl y for fir e s prinkler sys tems o r for pri vat e fire hydrant s. Typically, they wo uld onl y be used during a fire , o r wni le te sting or repaiting th e fire sprinkler system or hydrants for proper fun cti o n. Staff was concerned th at water lo ss mi ght be occu rrin g thro ugh these lin es, which we re not required to be met ered . However, s in ce en ac tin g the Ordin anc e, staff has not see n any un ex plained wate r usage . Installati on of a full mete r on a fir e lin e is very expens ive fo r bus in esses. Th ese lin es are typic a lly 6-inches or more in di ameter. The cost of the mete r, and co nstruction of a meter va ult , bypass 1 i nes, etc. can cost $14 ,000 to $2 0,0 00 . To red uc e the burd en on bu sin esses, sta ff wou ld lik e to rev ise the ord in ance to require the insta ll ati o n of detecto r c hec k meters on tire lines in stead . Th ese are small mete rs th at arc in stalled on a bypass on the fire service li ne. The met er wi ll register that flow has occun·e d, but will not indi cate the full flow th ro ugh the line. The City can monitor whe th er flow h as occurred , and req ui re verification that th e flow was for a fir e or fi re line tesl. If ve rifi cation is not pro v id ed, th e City ca n then req uir e th e ow ne r to insta ll a full fire lin e meter. BUDGET: The C ity does not re ly on nor ant icipa te revenu e from thi s servi ce an d th er efo re lhere is no bud get impa ct. RECOMMENDATION : Approve l11 trod ucti on and First Rea din g o f Ordinance 80-14-86 requiring de tector check meters on fir e service lin es in stead of full meters. ATTACHMENTS: I . Ordi nance No. 80-14-86 .. REVIEWED BY CITY MANAGER : ~ tY ~ ;/rM.J ORDINANCE NO. 80-14-86 AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, AMENDING SECTION 22-30, PRIVATE FIRE PROTECTION SERVICE TO PROVIDE METHOD OF MONITORING FIRE LINE USAGE; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE. AGENDA ITEM# 7B JULY 14, 2014 WHEREAS, the City has encouraged water conservation using several methods to include public education and implementing restructured inclining block water rates, and; WHEREAS, loss of water may occur from unmetered fire lines through leaks, improper connections, or misuse, and; WHEREAS, it is important to be aware of and measure all uses of water to the extent possible, and; WHEREAS, in the current code there is a requirement that fire protection services on new facilities be metered. WHEREAS, use of a detector check meter will be less burdensome on businesses while allowing the City to check for unusual water use through the fire service line. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; Section I. Chapter 22 Utilities, of the Code of Ordinances of the City of Atlantic Beach, Florida is hereby amended to read as follows: Sec. 22-30. Private fire protection service. Fire protection service charges shall be billed the monthly water base rate for a %'' meter. Fire protection service, either private hydrants or sprinkler systems, shall be installed from the connection to_the main inward at the expense of the consumer. All such installations shall be made in strict accordance with the rules of the American Insurance Association in force at the date of installation and with such requirements as may be prescribed by the city manager. No taps will be allowed which may be used for other than fire protection purposes, and unless pursuant to special permit from the city manager, there shall be no connection with any other source of water except in case a storage tank or fire pump is installed as a secondary supply for such fire protection. Fire protection services on new facilities shall be metered have a detector check meter installed on the fire line. Customers with existing fire protection services will be required to install a detector check meter on the fire line. No water volume charge shall be made for water used while fighting a fire or testing the fire sprinkler system; however, evidence with documentation of such fire fighting or equipment testing may be required by the AGENDA ITEM# 78 JULY 14, 2014 city. Water used for other than fire fighting or testing of the sprinkler system will be charged the normal volume rate and the base charge appropriate for the size of meter, and the city may require the customer to install an appropriately sized meter on the fire service line. SECTION 2. Severability If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 3. Effective Date This Ordinance shall take effect upon its final passage and adoption. Passed by the City Commission on first reading this __ Day of ____ 2014. Passed by the City Commission on this second and final reading this __ Day of 2014. ---- Carolyn Woods Mayor I Presiding Officer Approved as to form and correctness: Rich Komando, Esquire City Attorney ATTEST: Donna L. Bartle, CMC City Clerk CITY OF ATLANTI C BEACH CITY COMMIS SION ME ETING STAF F REPORT AGEN DA ITEM: Budget Ordinance# 20-14-127 AN ORDINANCE AMENDING THE OPERATING BUDG ET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEA R BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30 , 2014, AND PROVIDI NG AN EFFECTIVE DATE . SU BMITTED BY: Nelson VanLiere, C ity Manager e_ DATE: J une 10,2014 AGENDA ITEM II 7C JULY 14 ,20 14 BACKGROUND: This p roposed ordinance wi ll accomplish a number of bud get adjustments to add ress previously discussed expend itures and gra nt awards that were not inc luded in the origina l budget: • Debt Service Fund c losure and tr ans fer unused funds of -$2,500 to the General Fund, upon payoff of the 1999 Sun Trust Revenue Refunding Bond; • Increased ne t expenses of $52,500 in the ad mini s trati ve divisions of the General Fund for severance payments re la ted to the term in atio n of th e prior City Manager and City Attorney and hiring a searc h firm to assist with a permanent repl acements, offset by the savings associated w ith th e vaca ncy created in the Fi nance Department resu lting f rom assignment of the Finance Director as the interim City Manager; • Aid to the Friends of Atlantic Beach E lementary (FAB E) of$14,650 to assist with the res urfacing of the track at t he e lement ary school; • Gra nt award /contract adjus tm e nts of increased net revenu es for the CDBG grant of $65 ,263 , reduce d reve nues of $5,220 from the FDEP ADA ped/bike patb g ra nt award beca use eli gi bl e expenses were le ss than a nticipated; and , increased g rant revenues of $11 6,250 from a FEMA Hazard Miti gation awar d for the Donner S ubd ivision sewer upgrades; • Approval of a $24,00 0 contract for CRA to perform a s it e fea sibility s tudy fo r a ne w Po li ce building; • Contract extension approval w ith Advanced Dispos a l Services fo r sanitation se rvices, effecti ve Jun e 1, with i ncreas ed commercia l tip page cha rges for th e remainder of fiscal year 20 14 of $50,000; and, • Genera l E mp loyee's Retirement Plan expense increase of $250,000 for s ix employees exerc isi ng their Deferred Retirement Opti o n Plan (DROP) benefit opti on and a lump- sum death benefit payable t o th e employee's estate. BUDGET: The bud get item s a bove increase revenues and expenses $ 179,883 a nd $394 ,74 5 respectively, wi th a n overall reduct ion in fund balances of $214,862 . RECOMMEN DATIO N: Approve Ord ina nce #20 -1 4-127 ATTACHMENTS: Ordi nance# 20-14-127 REVIEWED BY CITY MANAGER : --rl V ~ ;1U'-tA ORDINANCE NO. 20-14-127 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014, AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7C JULY 14, 2014 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 paid off the 1999 SunTrust Revenue Refunding Bond and is returning unused funds from the closed out Debt Service Fund to the General Fund, and WHEREAS, the City is amending the Operating Budget to add net funds totaling $52,500 for the increase in expenses in the administrative divisions of the General Fund for the termination and severance payments of the prior City Manager and City Attorney and a search firm to assist with replacing the City Manager, offset by a salary reduction associated with a vacancy in the Finance Department as a result of the assignment of the Finance Director as interim City Manager, and WHEREAS, the City has agreed to assist the Friends of Atlantic Beach Elementary (F ABE) with their request for $14,650 of funding to resurface the running track at Atlantic Beach Elementary School, and WHEREAS, various grants were awarded or agreements executed subsequent to adoption of the Original budget, CDBG grant adjustments result in a net increase of revenues of $65,263; the FDEP ADA pedestrian/bike path grant revenues are being reduced $5,220 to reflect a reduction in eligible expense reimbursement; and, Utilities Fund revenues are being increased $116,250 for the Hazard Mitigation grant award from FEMA for the Donner Subdivision sewer upgrades, and WHEREAS, the City has agreed to enter into a contract with CRA to perform a site feasibility study for a new Police building, resulting in increased expenses of $24,000, and WHEREAS, the City awarded a contract extension with Advanced Disposal Services (ADS) for sanitation services, effective June 2014, additional funds of $50,000 for four months of commercial tippage are being added to the Sanitation Fund, and WHEREAS, the number of eligible employees that enter the Deferred Retirement Option Program (DROP) or receive retirement benefits each year is unpredictable, six employees exercising the DROP option and a lump-sum death benefit payable to the employee's estate represent an additional $42,000 and $208,000, respectively, needed in the General Employees' Retirement Plan to fund these payments. AGENDA ITEM# 7C JULY 14,2014 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 2013/2014 Budget to be amended as follows: Revenues: Transfer from Debt Service Fund Expenses: Administration City Manager Salary -Special Pay Finance Salary Legal Professional Services General Government Professional Services Recreation Administration GENERAL FUND Aid to Government Agencies/Schools Total Expenses: Fund Balance $2,454 $100,000 (80,000) 22,000 10,500 14 650 $67,150 ($64,696) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND Revenues: Federal Grant-CDBG FY 2013-14 Expenses: Parks and Recreation Improvements Donner Ball Field Fund Balance Expenses: Non-Departmental Principal-SunTrust 99 Transfer to General Fund Total Expenses: Fund Balance DEBT SERVICE FUND $66,399 $1,136 $65,263 $5 2 454 $2,459 ($2,459) CAPITAL PROJECTS FUND Expenses: Police Professional Services Fund Balance CAP IMPRV-MARSH MASTER PLAN FUND Revenues: Federal Grant-DEP CM-245-ADA Ped/Bike Trail at Tideviews Preserve Fund Balance AGENDA ITEM# 7C JULY 14,2014 $24,000 ($24,000) ($5,220) ($5,220) PUBLIC UTILITIES-WATER AND SEWER UTILITY FUNDS COMBINED Revenues: Federal Grant-FEMA(HMGP)-4068-Donner Sub Sewer Upgrades Fund Balance: SANITATION FUND Expenses: Sanitation Other Contract Services -ADS Fund Balance: GENERAL EMPLOYEES' RETIREMENT SYSTEM FUND Expenses: DROP Benefits Lump-Sum Distribution Total Expenses: Fund Balance 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this __ day of 2014. $116,250 $116,250 $50,000 ($50,000) $42,000 $208,000 $250,000 ($250,000) Passed by the City Commission on second and final reading this __ day of 2014. Carolyn Woods Mayor I Presiding Officer Approved as to form and correctness: Richard Komando, Esquire City Attorney ATTEST: Donna L. Bartle, CMC City Clerk CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Retir ement Ordinance No. 58-14-38 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMLNJSTRA TJON, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2· 268, DISABILITY; AMENDING SECTION 2-274, MAXIMUM PENSION; PROVIDING FOR CO))IFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES JN CONFLICT HEREWITH ANn PROVIDING AN EFFECTIVE DATE. SUBMITTED BY: Nelso n VanLiere, City Man ager DATE: June 13,2014 A GENDA ITEM II 70 JlJ[.Y 14 ,20 14 BACKGROUND: At th e May 15 , 20 14 Pension Board meeting of th e General Emp loy ees' Retirement System, th e pension attorney presented the proposed ordinance refe renced above that inc lu des amen dmen ts to the current ordinance to clarify lang uage regard ing disabi li ty benefits and to comp ly with recent changes to the internal Revenue Code (lRC). These are mandatory amendments to ensur e the continuation of the pJan's tax qualified sta tu s. The Board approved presenting this ordinance to the City Com mi ss ion and requested an impact st udy be performed by the Board 's actuary, Gabriel Roeder Smith (GRS) to determine th e cost of amending the ordinance. As reported in the attached Actuarial Impact Sta tement, authori zed by the Board at th e June 12, 2014 me eting to be signed by the Pen sion Administrator, these changes wou ld have no significant cost impact to th e plan benefits. RECOMMENDATION: Approve Ordinance No. 58-14-38 ATTACHMENTS: Ordin ance No. 58-14-38 and Actuarial Impact Statement REVIEWED BY CITY MANAGER: --7J. V 4-,;;J~ Law Offi ces Christiansen & Dehner, P .A. 63 S:1ra s()ra Ccnlc r Blvd . S u ite I 07 Sarabota, Fl or id a 34240 • 9 4 1 • J 77 -2l00 • Fa~ 9 41 ,J 77 ··HHB ;\p ri l ICl , 20 14 Mr. Ne lson Vu n Lien.: 1\Li a nti c lkach Genera l l ~mplo yccs' RetirementS) s t ~:m 800 Sl:m ino lc Road Atlant ic B~.:ach , Fl . 32233-54 55 Rc : C it y or A tl anti c Hcach <.icneral l:mplo yccs' Rl·tirt:nH.:nl Sys tem Dcu r Ne lson: AGEN DA ITEM II 7D JULY 111,20 14 l·:nclo scd ple ase li nd a prop osl:d ordin ance aml:nd ing the C ity o l./\tlant il: lkarh Gt.!n l'ml l·:mplo yccs' Re tire ment Sys ll.:m. l'hi s nnJinan cc aml.'nds ~·b:tion 2-2 68. Disabil iL). tu <tdd ad d itional c la riJi cu ti on la ng uage un th e tim e ull owcd lo r a memb er to app ly lo r di sub i IiI ) bc m:li Is i l'tc nninatt.:d by the 'ity !'or medica l rcason s. l'h is ordi nance a lsn aml'nd s Scct iu n 2-274. Ma ximum 1\:ns ion. to comp ly wit h addit io na l rcc.:c nt c.:han gcs tu th t.: lnlcrnal Revt:nu c Cock (IR C') relat in g to ta x quali lil·d pensio n r la ns s uch as thi s p lan. 'I hcsc amc ndm c nt s c luri l'y la ng ua ge rl.!quircd by th L' IR C' anu a rl' nwndat o ry arm:nd mt.:nts to e ns un.: th~.: l:O ill inu a ti o n lll' the plan's ta x qualifi ed s tatu s. Hy wpy u l' t his lc tt ~.:r to th e plan 's dl:lu a ry. Cia bri c l Rnedl:r S mith & C'ompnn ). I a m rcq m:stin g th a t th t.:y prov id e yo u w ith u le tt cr indica ting that there is n o cos t ussu c iatcd w ith th e adoption o r thi s o rdinan ce. Plc usc prov id e u copy o l'thi s ord in a nce lO eac h member l)f'l he 13oard l'ur rl'\'icw and ap pro\'al a t LhL· nex t meeting. SRC/dm cnciL)Slll'l' ec: Jwn cs Ri 11.o, \\ ith l'nc.:los url.' Scott I ~ Ch ristiansl.'n ORDINANCE NO. 58-14-38 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-268, DISABILITY; AMENDING SECTION 2-274, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7D JULY 14,2014 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, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-268, Disability, subsection (a), Disability benefits, to read as follows: * * * * * (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 Aptil 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. Notwithstanding the previous sentence, if a member is terminated by the City for medical reasons, the terminated person may apply for a disability benefit if the application is filed with the board within ninety (90) days from the date of termination. If a timely application is received, it shall be processed and the terminated person shall be eligible to receive a disability benefit if the board otherwise determines that he is totally and permanently disabled as provided for above. * * * * * SECTION 2: That Chapter 2, Administration, Article VI, Employee Benefits, Division 3, General Employees' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-274, Maximum Pension, to read as follows: Sec. 2-274. Maximum pension. (a) Basic limitation. Notwithstanding any other provisions of this system to the contrmy, the member contributions paid to, and retirement benefits paid from, the system shall be limited to such extent as may be necessmy to conform to the requirements of IRC Section 415 for a qualified retirement plan. Before Janua1y 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 Janumy 1, 1995, a plan member may not receive an annual benefit that exceeds the dollar amount specified in IRC Section 415(b)(l)(A) ($160,000), subject to the applicable AGENDA ITEM# 7D JULY 14, 2014 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. For purposes of Code Section 415(b), the "annual benefit" means a benefit payable annually in the form of a straight life annuity (with no ancillmy benefits) without regard to the benefit attributable to after-tax employee contributions (except pursuant to Code Section 415(n) and to rollover contributions (as defined in Code Section 415(b)(2)(A)). The "benefit attributable" shall be determined in accordance with Treasury Regulations. (b) Adjustments to Basic Limitation for Fonn of Benefit If the benefit under the plan is other than the annual benefit described in subsection (a), then the benefit shall be adjusted so that it is the equivalent of the annual benefit, using factors prescribed in Treasmy Regulations. If the form of the benefit without regard to any automatic benefit increase feature is not a straight life annuity or a qualified joint and survivor annuity, then the preceding sentence is applied by either reducing the Code Section 415(b) limit applicable at the annuity stmiing date or adjusting the form of benefit to an actuarially equivalent amount (determined using the assumptions specified in Treasmy Regulation Section 1.415(b)-1(c)(2)(ii)) that takes into account the additional benefits under the form of benefit as follows: (1) For a benefit paid in a form to which IRC section 417(e)(3) does not apply (generally, a monthly benefit), the actum·ially 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 stmiing date as the form of benefit to the member, or b. The annual amount of the straight life annuity commencing at the same annuity stmiing 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 yem·s prior to January 1, 2009, the applicable mmiality tables described in Treasury Regulation Section 1.417(e)-l(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 mmiality 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 stmiing date that has the same actum·ial present value as the particular form of benefit payable, computed using the interest rate and mmiality table, or tabulm· factor, specified in the plan for actum·ial 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 patiicular fmm 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 mmiality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable -2- AGENDA ITEM# 7D JULY 14, 2014 provisions of Revenue Ruling 200 1-62), and (ii) for years after December 31, 2008, the applicable mmtality tables desctibed 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 stmting date that has the same actuarial present value as the pmticular 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 (ptior 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 yem· with a one-year stabilization petiod)) and (i) for yem·s prior to January 1, 2009, the applicable mmtality tables for the distribution under Treasury Regulation Section 1.417(e)-1 (d)(2) (the mmtality 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 mmtality 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 . .Ql The actuary may adjust the 415(b) limit at the annuity starting date in accordance with subsections (1) and (2) above. (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 ancillmy 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)(l); and ill That pmtion of any joint and survivor annuity that constitutes a qualified joint and survivor annuity (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) A member's applicable limit will be applied to the member's annual benefit in the member's first calendar limitation year of benefit payments without regard to any automatic cost of living adjustments; (2) thereafter, in any subsequent calendar limitation 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)(l)(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 limitation 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. -3- (e) Other Adjustments in Limitations. AGENDA ITEM# 7D JULY 14,2014 (1) In the event the member's retirement benefits become payable before age sixty-two (62), the limit presc1ibed 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 depmtment 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. 2-268, or pre-retirement 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 fmth in subsection (a) herein, such benefit shall be adjusted so that it is actumially 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 (1 0) Years of Pmticipation or Service. The maximum retirement benefits payable under this section to any member who has completed less than ten (10) years of credited service pmticipation 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 yem·s of credited service pmticipation 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. (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 Donar ($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 fmth in this subsection (h) of section 2-27 4 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 contlibutes, do not exceed ten thousand dollars ($10,000) for the applicable f)lan limitation year and for any p1ior f)lan limitation yem· and the City has not any time maintained a qualified defined cont1ibution plan in which the member pmticipated; 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 contl·ibutions to all plans, where required, shall be accomplished by first reducing the member's benefit under any defined benefit plans in which member pmticipated, 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 -4- AGENDA ITEM# 7D JULY 14, 2014 board and the plan administrator of such other plans, and next, by reducing or allocating excess fmfeitures for defined contribution plans in which the member pmiicipated, 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) m·e 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). e;-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 e;-, and for purposes of applying subpm·agraph (j)(l)b. the System will not fail to meet the percentage limitation under Section 415(c)(l)(B) of the IRC solely by reason of this subparagraph e-. (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 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 necessm-y 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. ® Contribution Limits. (J.l) For purposes of applying the Code Section 415(c) limits in this subsection U). which are incorporated by reference and for purposes of this subsection (k), only and for no other purpose, the definition of compensation where applicable will be compensation actually paid or made available during a calendar limitation 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 -5- AGENDA ITEM# 7D illLY 14,2014 regulation, is specified by the system, compensation will be defined as wages within the meaning ofiRC 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 604l(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 limitation 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)(l)(B), 402(k), or 457(b). For calendar limitation 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 ofiRC Section 132(f)(4). b. For limitation years beginning on and after January 1, 2007, compensation for the calendar limitation year will also include compensation paid by the later of2Yz months after an employee's severance from employment or the end of the calendar limitation 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. ( 4 .f) 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 pe1iodic 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. (k)(2)a. will not avoid a cont1ibution 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. -6- AGENDA ITEM# 70 JULY 14,2014 (§. 2) If the annual additions for any member for a j:Jlaft limitation year exceed the limitation under section 415(c) of the code, the excess annual addition will be conected as permitted under the Employee Plans Compliance Resolution System (or similar IRS conection program). (61) For limitation years beginning on or after January 1, 2009, a member's compensation for purposes of this subsection @ DQ shall not exceed the annual limit under section 401 (a)( 17) of the code. (k: D Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: (1) The nmmal 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 supplemen- tal 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 beriefits or federal benefits under Chapter 67, Title 10, U.S. Code. SECTION 3: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Atlantic Beach. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: 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. SECTION 6: That this Ordinance shall become effective upon its adoption. PASSED ON FIRST READING, this ___ day of _____ , 2014. -7- PASSED AND ADOPTED ON SECOND READING, this ______ , 2014. MAYOR ATTEST: CITY CLERK Approved as to form: CITY ATTORNEY dm/ab/gen/04-09-14.ord -8- AGENDA ITEM# 7D JULY 14, 2014 day of GRS June 4, 2014 Gabriel Roeder Smith & Company Consultants & Actuaries Mr. Nelson VanLiere Plan Administrator City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233-5445 One East Broward Blvd. Suite 505 Ft Lauderdale, FL 33 30 l-1804 RE: City of Atlantic Beach General Employees' Retirement System Actuarial Impact Statement Dear Nelson: AGENDA ITEM# 7D JULY 14,2014 954.527.1616 phone 954.525.0083 fax www.gabrielroeder.com As requested by Scott Christiansen in his letter of April 16, 2014, please find enclosed an Actuarial Impact Statement for the proposed ordinance (also enclosed). We have determined that the plan provisions in the ordinance would have no significant cost effect to the plan benefits. Please sign the Actuarial Impact Statement as the Plan Administrator and forward the original, and one copy, along with a copy of the ordinance to the address below. Please file the Actuarial Impact statement prior to the second reading. Division of Retirement Bureau of Local Retirement Systems Post Office Box 9000 Tallahassee, Florida 32315-9000 ave any questions, please give us a call. ekora, ASA, MAAA Consultant & Actuary Enclosure cc: Mr. Scott R. Christiansen AGENDA ITEM II 70 J ULY I 4,20 14 CITY OF A l'LANTIC BEACH GENERAL EMPLOYEES' RET IREMENT S YSTEM ACTUARIAL IMPACT STATEMENT Attached proposed Ordinance in corporates language necessary to update th e Plan with th e technical requireme nt s of Int ernal Revenue Co de and includes mandatory amendments to e nsure the continu at ion of th e Plan 's tax qualifi ed sta tu s. There is no s ignificant meas ur ab le benefit cost effect to th e plan . ACTUARY, Ga briel , Ro eder, Smith & Compan y By ~-12~~£ Date : Jun e 4, 2014 T he above changes arc in compliance with Part VII , Chapter 11 2, Flo rid a Statut es, and Secti on 14, Articl e X of the Stat e Constituti on . The Ac tu ary was provid ed the inform ation in the proposed amendment. PENSION BOARD COMMITIEE By: ~ ty4=f4 pf_'M.£ Date: '/tz./;y r I CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Retirem ent Ordinance No . 58-14-39 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTlON 2- 307, DISABILITY; AMENDING SECTION 2-310.4, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVlDJNG FOR SEVERAB1LlTY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. SUBMITTED BY: Nelson VanLiere, C ity Manager DATE: .Jun e 13,20 14 AGENDA ITEM# 7~ JlJJ.Y 14,2014 BACKGROUND: At the May 15 , 20 14 Pension Board meeting of th e Police Officers' Reti rement System, the pension attorney presented the proposed ordinance referenced above that inc ludes amendments to the curr ent ordinance to clarify language regarding disability benefits and to comply with rec en t changes to the Internal Revenue Code (IRC). These are mandatory amendments to ensure the continuation of the plan's tax qualified statu s. The Board approved present ing t his ordinance to the C ity Commission and requested an impact study be performed by th e Board's actuary, Gabriel Roeder Smith (GRS) to determine the cost of amending the ordinance. As reported in the attac hed Actuarial Impact Statement, authorized by the Board at the June 12, 20 14 mee ting to be s igned by the Pension Administrator, these changes wou ld have no significant cost imp act to the plan benefits. RECOMMENDATION: Approve Ordinance No. 58-14-39 ATTACHMENTS: Ord in ance No. 58-14-39 and Actuaria l Tmpact Statement \ REVIEWED BY CITY MANAGER: ::2t t/ ~ /ikH Law Offi ces Christianse n & D e hner, P.A~ 63 Sa ra:.o ta Cent er Blvd. Suit e I 07 S.1 ra~o t a, Fl orid.1 34240 • 9 41 -3 77-2200 • bll 9 41 -177-4848 pr il 16,20 14 Mr. N~o:l so n Vun Li c rc 1\tl nnti c lkac h Po li ce O ffi cers' Re ti reme nt Sys te m 80 0 Se mino le Roud Atl a nti c Beac h, FL 12233-5455 Rc: Cit y o l' Atl a nt ic Beach Po l icc 0 !'liccrs' Rei in:rm:nt Sys tem D ear Nel so n: 1\GEND/\ ITE M II 7R JU LY 14 ,2014 Enc losed pkas~; lind a propo~t:d ord in ance umc nd ing the l 'i t) or 1\tlantil.: lkm:h l'{)licl' O l'li c~,;rs' R ct in:rn ~..:nt Sys t ~,;rn . !'h is ordina nce amends Sc~;tio n 2-3 07, Dis abil ity. to add add itiuna l c ltll'i li ca t io n lan gua ge on th e I im c :.ti l owe d l'o r u m ~..:mb l!r to app ly fo r eli sa hi I i ty b~.:ncli ts i I' ll!r rn i nutcd by th e C it y l()r medi ca l reaso ns. Thi s o rdin a nce a lso a mends Sec ti o n 2-1 10 .4 . Maxi mu m Pen sio n. to co rn p ly wi th additi o na l rece nt c han ges to th e In terna l Reve nue Code.: ( IR (') rc la t i ng to ta\ qual i lied pens io n pla ns su c h us thi s pl n n. I h ~.:sc a mendme nts clmil'y l:lll g u:tgc re qu ire d h) the II{(' and at'l' rn und atu ry a rn c mlrnc nts to c rtsu n: th e ~.:o n li nu at i cm of' the plan 's tux qu a l i li ed !'l t :tlu ~. By co py o l' thi s lette r to th e pl an 's actuary. Gab rie l l{ocdt:r S mit h & Compa ny , I illll rcq ue Ling tha t they providc yo u wi th a lelt~r in dicati ng that th e r e is no cos t associat ed '' it h lht: adopti o n uf th is o rd in a nce. Plea se prov ide a co py o l'thi s ord it wncc to eac h member o ft he n ourd f'o r rcvil.:w and appro va l at th e n~,;x t mec.;ting. SR '/d rn cnclos url' cc: .la mes l ~i ao. with c nc los un: Y o~ Sco tt IC Chri s ti anse n ORDINANCE NO. 58-14-39 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-307, DISABILITY; AMENDING SECTION 2-310.4, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7E JULY 14, 2014 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, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended to amend Section 2-307, Disability, subsection (a), Disability benefits in-line of duty, and subsection (c), Disability benefits not-in-line of duty, to read as follows: * * * * * (a) Disability benefits in-line of duty. Any member 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 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 (3 0) days after termination. Notwithstanding the previous sentence, if a member is terminated by the City for medical reasons, the terminated person may apply for a disability benefit if the application is filed with the board within thirty (30) days from the date of termination. If a timely application is received, it shall be processed and the terminated person shall be eligible to receive a disability benefit if the board otherwise determines that he is totally and permanently disabled as provided for above. * * * * * (c) Disability benefits not-in-line of duty. 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 ofhis 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 1 AGENDA ITEM# 7E JULY 14, 2014 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 'Nithin thirty (30) days after termination. Notwithstanding the previous sentence, if a member is terminated by the City for medical reasons, the terminated person may apply for a disability benefit if the application is filed with the board within thirty (30) days from the date of termination. If a timely application is received, it shall be processed and the terminated person shall be eligible to receive a disability benefit if the board otherwise determines that he is totally and permanently disabled as provided for above. * * * * * SECTION 2: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended to amend Section 2-310.4, Maximum Pension, subsection to read as follows: 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. For purposes of Code Section 415(b), the "annual benefit" means a benefit payable annually in the form of a straight life annuity (with no ancillary benefits) without regard to the benefit attributable to after-tax employee contributions (except pursuant to Code Section 415(n) and to rollover contributions (as defined in Code Section 415(b)(2)(A)). The "benefit attributable" shall be determined in accordance with Treasury Regulations. (b) Adjustments to basic limitation for form of benefit. If the benefit under the plan is other than the annual benefit described in subsection (a), then the benefit shall be adjusted so that it is the equivalent of the annual benefit, using factors prescribed in Treasury Regulations. If the form of the benefit without regard to any automatic benefit increase feature is not a straight life annuity or a qualified joint and survivor annuity, then the preceding sentence is applied by either reducing the Code Section 415(b) limit applicable at the annuity starting date or adjusting the form of benefit to an actuarially equivalent amount (determined using the assumptions specified in Treasury Regulation Section 1.415(b )-1 ( c)(2)(ii)) that takes into account the additional benefits under the form ofbenefit as follows: (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: 2 AGENDA ITEM# 7E JULY 14, 2014 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 (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 3 AGENDA ITEM# 7E JULY 14, 2014 (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing section 417(e)(3)(B) of the code), divided by 1.05. ill The actuary may adjust the 415(b) limit at the annuity starting date in accordance with subsections (1) and (2) above. (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)(l); and ill That portion of any joint and survivor annuity that constitutes a qualified joint and survivor annuity. (d) CO LA 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) A member's applicable limit will be applied to the member's annual benefit in the member's first calendar limitation year of benefit payments without regard to any automatic cost of living adjustments; (2) thereafter, in any subsequent calendar limitation 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 limitation 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. 4 AGENDA ITEM# 7E JULY 14, 2014 (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 ser;iee. The maximum retirement benefits payable under this section to any member who has completed less than ten (10) years of credited service participation 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 participation and the denominator ofwhich 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. 2-306. (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 2-310.4 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 ($1 0,000) for the applicable j3loo limitation year and for any prior j3loo limitation 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 (1 0) 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 ($1 0,000) 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. 5 G) Se111ice credit purchase limits. AGENDA ITEM# 7E JULY 14,2014 (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 ofthis 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 ofiRC Section 415(c) are met, determined by treating all such contributions as annual additions for purposes of IRC Section 415 (c). &. For purposes of applying subparagraph (j)(l )a.-;, the System will not fail to meet the reduced limit under IRC Section 415(b )(2)(C) solely by reason of this subparagraph &., and for purposes of applying subparagraph (j)(l)b. the System will not fail to meet the percentage limitation under Section 415(c)(l)(B) of the IRC solely by reason of this subparagraph e. (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 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. ill Contribution Limits. (~ l) For purposes of applying the Code Section 415(c) limits in this subsection U). which are incorporated by reference and for purposes of this subsection (k), only and for no other purpose, the definition of compensation where applicable will be compensation actually paid or made available during a calendar limitation 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 6 AGENDA ITEM# 7E JULY 14, 2014 within the meaning ofiRC 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 limitation 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 limitation 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 ofiRC Section 132(±)(4). b. For limitation years beginning on and after January 1, 2007, compensation for the calendar limitation year will also include compensation paid by the later of 2~ months after an employee's severance from employment or the end of the calendar limitation 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. ( 4 2.) Notwithstanding any other provision oflaw 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. (k)(2)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. (~ l) If the annual additions for any member for a pl-an limitation year exceed the limitation under section 415(c) of the code, the excess annual addition will be 7 (l" l) contrary: (1) (2) AGENDA ITEM# 7E JULY 14, 2014 corrected as permitted under the Employee Plans Compliance Resolution System (or similar IRS correction program). For limitation years beginning on or after January 1, 2009, a member's compensation for purposes of this subsection ffi ill shall not exceed the annual limit under section 401(a)(17) ofthe code. Additional/imitation on pension benefits. Notwithstanding anything herein to the 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 (1 00%) 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. 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. SECTION 3: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Atlantic Beach. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: 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. SECTION 6: That this Ordinance shall become effective upon its adoption. PASSED ON FIRST READING, this day of=--o-=-------:;-;----' 2014. PASS ED AND ADOPTED ON SECOND READING, this day of '2014. MAYOR ATTEST: CITY CLERK Approved as to form: CITY ATTORNEY dm/ab/pol/011-09-14.orcl 8 GRS June 4, 2014 G;~hricl Roeder Srn uh & C ;otnpany t onwh.llll' & A c tU.Int'' Mr. Ne lson Von Licre Plan Admini strator City of Atlanti c Beach 800 Sem in ole Road Atl anti c Bea ch, Flo rida 32233-544 5 One cost Bro wa n.l Rlvd . Suite 505 Ft. Ln udcrdnlc , FL 3330 1-1804 RE: City of Atlantic Beach Police Offi ce rs · Retirem ent Sys tem Actu ari a l Impa ct Statement Dear Ne lso n: AGENDA I TEM fl. 7E JULY 14,20 14 9.5 4 .5 27 .16 16 phone 9.54 . .525.0083 fux www.gubn clrocdcr.corn As reque s ted by Scott Chri stian se n in hi s lett er of April 16, 2014 , ple ase find enclosed an Actuari a l Impact Statement for th e prop osed ordin ance (also enclosed). We ha ve determined th at th e pla n provisions in th e ordinan ce wou ld have no sig nificant cos t effect to th e plan benefits . Please s ign th e Ac tu ari al Imp act Statement as th e Plan Adminis trator and forward th e ori gin al, and o ne copy, a long with a co py of th e o rdin an ce to th e addresses bel ow. Plea se file th e Actuaria l Impac t s tatement prior to the second rea din g. Div is ion of Reti remen t Bureau of Local Re tir ement Systems Po st Office Box 9000 Ta ll ahassee, Florid a 323 15-9000 Muni cipal Po li ce Officers' and Firefi ghters, Retirement Tru st Funds Po s t Office Box 301 0 Ta ll ahassee, Florida 323 15-3 0 I 0 If yo u s hould ha ve an y q uestions, please give us a ca ll . ora, ASA, MAAA Senior Consu lt ant & Ac tu ary Encl os ure cc : Mr. Scott R. Chris tia nse n AGEN DA ITE M II 7E J ULY 14,20 14 C ITY OF ATLANTIC BEACH PO LICE O FFI CERS' RETI REMENT SYSTEM ACTU ARIAL IMPACT STATEMENT Attached proposed Ordinance in co rp orates lang ua ge necessary to update the Pl nn with th e tec hni ca l requirements of Int ern al Reve nu e Co de a nd in clud es manda tory am endm e nt s to ensure th e continu a ti on of th e Pl an's tax qu alifi ed statu s. There is no signifi cant meas urab le be nefit cost e ffect to the pl an. ACTUARY , Gabri el, Roede r, Smith & Co mpany Oy:~. -d~.art.J. Da te: Jun e 4. 201 4 Th e above chan ges are in co mplian ce with Part VJI , Chap te r 11 2. FJ orid a Statutes, and Secti on 14, Article X of th e St at e Con stituti on. T he J\c tuary was provid ed lh e info nnation in th e proposed amendment. PENS fON BOARD COMMriTEE By: ~ ?-"a-;;/u.y Da te: ~ h-z..Oy' 1 I CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: ORDINANCE NO. 15-14-14 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPLEMENTING ORDINANCE NO. 15-95-7 ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS AMENDED AND SUPPLEMENTED (THE "ORIGINAL ORDINANCE"); AUTHORIZING THE ISSUANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2014, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $14,000,000 TO REFUND THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2004, UTILITIES SYSTEM REVENUE BONDS, SERIES 2010A-1 AND UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2010B; APPROVING A FORM OF LOAN AGREEMENT AND AUTHORIZING EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND OTHER ACTION IN CONNECTION WITH THE DELIVERY OF SUCH BOND; PROVIDING FOR SALE OF THE BOND BY RESOLUTION FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS FROM COMMERCIAL BANKS AND NEGOTIATIONS WITH THE SUCCESSFUL BIDDER; PLEDGING THE CITY'S PLEDGED REVENUES DESCRIBED IN THE ORIGINAL ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. SUBMITTED BY: Nelson VanLiere, City Manager DATE: June 13, 2014 AGENDA ITEM# 7F JULY 14,2014 BACKGROUND: At the April14, 2014 Regular City Commission Meeting, the City Manager reported that he had been working with the City's Financial Advisor, Dunlap & Associates, Inc., and Bond Counsel, Lewis, Longman and Walker, P.A., regarding refinancing the City's outstanding Utility Bonds to save the City debt costs in the Utility and Stormwater Funds. A Request for Proposals, RFP 14-07, was issued and proposals were submitted by four financial institutions. The Financial Advisor's recommendation and Summary of Responses is attached. The estimated present value savings to the City at the lowest rate proposed of 2.33% is $1,423,950 or an annual debt service savings of approximately $145,000 through loan payoff in 2025. The outstanding balance of the bonds to be refinanced is approximately $14 million. The interest rates on these bonds are variable from 3.625% to 4.500% on the Series 2004 and fixed of3.590% and 3.68% on the Series 2010A-1 and Series 2010B, respectively. The City may only incur debt by ordinance, per the City's Charter. Subject and pursuant to the provisions of this Ordinance, the City is authorized to incur a Loan and to issue the Bonds in evidence, thereof, upon substantially the terms of the Loan Agreement attached hereto as Exhibit A, as such terms may be modified by resolution adopted at the time of closing of the Bonds. All of the terms and covenants contained in the Loan Agreement are incorporated herein by reference. The Bond Ordinance and Loan Agreement, upon the funding of the Loan and the issuance of the Bonds, shall constitute a contract between the City and the Lender. RECOMMENDATION: ATTACHMENTS: AGENDA IT EM II 7f JU LY 14,2014 Approve Ordinance No . 15-14-14 and authori ze the Mayor to sign all re lated documents. Ordinance No. 15-14-14 with Loan Agr eement, Recommendation from Dunlap and Associates, Jnc. Summary of Re sponses and Exhibit . REVIEWED BY CITY MANAGER: ::7t //a_, p{'(h L ORDINANCE NO. 15-14-14 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPLEMENTING ORDINANCE NO. 15-95-7 ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS AMENDED AND SUPPLEMENTED (THE "ORIGINAL ORDINANCE"); AUTHORIZING THE ISSUANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2014, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $14,000,000 TO REFUND THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2004, UTILITIES SYSTEM REVENUE BONDS, SERIES 2010A-1 AND UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 20 lOB; APPROVING A FORM OF LOAN AGREEMENT AND AUTHORIZING EXECUTION AND DELNERY OF THE LOAN AGREEMENT AND OTHER ACTION IN CONNECTION WITH THE DELNERY OF SUCH BOND; PROVIDING FOR SALE OF THE BOND BY RESOLUTION FOLLOWING SOLICITATION OF COMPETITNE PROPOSALS FROM COMMERCIAL BANKS AND NEGOTIATIONS WITH THE SUCCESSFUL BIDDER; PLEDGING THE CITY'S PLEDGED REVENUES DESCRIBED IN THE ORIGINAL ORDINANCE; AND PROVIDING AN EFFECTNE DATE. AGENDA ITEM# 7F JULY 14,2014 WHEREAS, the City Commission of the City of Atlantic Beach, Florida (the "City") has determined that it will achieve debt service savings by refunding the Refunded Bonds as herein defined; NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted pursuant to the provisions of the Act, as defined in the Loan Agreement, a form of which is attached hereto as Exhibit A. Section 2. DEFINITIONS. All terms m this Ordinance shall have the meanings as defined in the Loan Agreement. Section 3. REFUNDING AUTHORIZED. There is hereby authorized the refunding of the City's outstanding Utilities System Revenue Refunding Bonds Series 2004, Utilities System Revenue Bonds, Series 20 lOA-1, and Utilities System Revenue Refunding Bonds, Series 2010B (the "Refunded Bonds"), in order to achieve debt service savings. Section 4. AUTHORIZATION OF LOAN AND BOND. Subject and pursuant to the provisions of this Ordinance, the City is authorized to incur a Loan and to issue the Bond as security therefore, upon substantially the terms of the Loan Agreement attached hereto as Exhibit A, as such terms may be modified by resolution adopted at the time of sale of the Bond. All of the terms and covenants contained in the Loan Agreement are incorporated herein by reference. This Ordinance and the Loan Agreement, upon the funding of the Loan and the issuance of the Bond to the Lender, shall constitute a contract between the City and the Lender. 00350267-1 Section 5. SALE OF BOND. AGENDA ITEM# 7F JULY 14,2014 (A) Findings. It is hereby found, determined and declared, that in accordance with the provisions of Part III, Chapter 218, Florida Statutes, a negotiated sale of the Bond to a bank to evidence a commercial loan is in the best interest of the City because solicitation of competitive proposals from banks is likely to achieve the lowest cost for the Refunding. (B) The City has solicited proposals for purchase of the Bond from banks. Following evaluation of the responses received and negotiation with the bank offering the proposal most advantageous to the City, the City is hereby authorized to complete the transaction by resolution specifying the terms of the Bond, including but not limited to interest rate, interest payment dates, maturity dates and amounts, and terms of prepayment, and making such modifications to the terms of the Loan Agreement as may be then approved by such resolution of the City Commission. Section 6. NECESSARY ACTION. The Mayor, the City Manager and the City Clerk are authorized and directed to execute and deliver the Loan Agreement and the Bond pursuant to the resolution described in Section 5 hereof without further authority from the City Commission. The Mayor, City Manager and City Clerk are designated as the agents of the City in connection with the issuance and delivery of the Bond and are authorized and empowered to take all actions and steps to execute and deliver any and all instruments, documents or contracts on behalf of the City which are necessary or desirable in connection with the execution and delivery of the Loan Agreement and the Bond, and which are not inconsistent with the terms and provisions of this Ordinance and the Loan Agreement. Section 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its enactment. 00350267-1 2 AGENDA ITEM# 7F JULY 14,2014 PASSED AND ADOPTED on first reading by the City Commission of the City of Atlantic Beach, Florida at a regular meeting duly called and held this __ day of ____ ,2014. PASSED AND ADOPTED on second and final reading by the City Commission of the City of Atlantic Beach, Florida at a regular meeting duly called and held this __ day of , 2014. Approved as to form, sufficiency and correctness: Richard Komando, City Attorney ATIEST: Donna L. Bartle, City Clerk 00350267-1 CITY OF ATLANTIC BEACH, FLORIDA Carolyn Woods, Mayor, Presiding Officer 3 Exhibit A -Loan Agreement 00350267-1 EXHIBIT TO ORDINANCE 4 AGENDA ITEM# 7F JULY 14,2014 00350267-1 LOAN AGREEMENT between CITY OF ATLANTIC BEACH, FLORIDA and Dated as of ______ , 2014 $ ____ _ UTILITIES SYSTEM REVENUE REFUNDING BOND SERIES 2014 DRAFT JUNE 11,2014 AGENDA ITEM# 7F illLY 14,2014 LOAN AGREEMENT AGENDA ITEM# 7F JULY 14,2014 THIS LOAN AGREEMENT (this "Agreement"), dated as of _____ _ 2014, by and between the CITY OF ATLANTIC BEACH, FLORIDA (the "City"), a municipal corporation under the laws of the State of Florida, and ____________ (the "Lender"), WITNESSETH: WHEREAS, the City has, by adoption of Ordinance No. (the "Ordinance") on , 2014, authorized the refunding of the City's outstanding Utilities System Revenue Refunding Bonds, Series 2004, Utilities System Revenue Bonds, Series 2010A-1 and Utilities System Revenue Refunding Bonds, Series 2010B (the "Refunded Bonds") by a loan (the "Loan") from the Lender and the issuance of the Bond in the principal amount of $ __ to the Lender to secure the Loan; and WHEREAS, the City has, by Resolution No. __ , adopted on June_, 2014 (the "Resolution") determined to obtain the Loan from the Lender and to issue the Bond to secure the Loan; NOW THEREFORE, in consideration of the premises and the respective representations and covenants herein contained, the parties hereto agree as follows: Section 1. Definitions. The following terms in this Agreement shall have the following meanings, unless the text otherwise expressly requires: "Act" means Chapter 166, Florida Statutes, the Original Ordinance and other applicable provisions of law. "Bond Ordinance" shall mean the Ordinance, as supplemented by the Resolution. "Bond" means the City's $ Utilities System Revenue Refunding Bond, Series 2014, issued to the Lender as a single Bond in the principal amount of $ as security for the Loan. "City" means the City of Atlantic Beach, Florida "Code" means the Internal Revenue Code of 1986, as amended. "County" means Duval County, a political subdivision of the State of Florida. "Loan" means the loan agreed to be made to the City by the Lender pursuant to Section 3 below. "Original Ordinance" shall mean Ordinance No. 15-95-7 enacted by the City Commission on November 13, 1995, as amended and supplemented. Except as 00350267-1 AGENDA ITEM# 7F JULY 14,2014 otherwise provided herein, all capitalized terms used and/ or defined in the Original Ordinance shall have the same meanings in this Agreement. "Refunded Bonds" shall mean the City's outstanding Utilities System Revenue Refunding Bonds, Series 2004, Utilities System Revenue Refunding Bonds, Series 2010A-1, and Utilities System Revenue Refunding Bonds, Series 2010B. Section 2. Findings. It is hereby found, determined and declared by the City that: A. The refunding of the Refunded Bonds will further the purposes of the Act and will reduce the borrowing costs of the City. B. The City now owns, operates and maintains the System and receives Pledged Revenues each year which are not presently pledged for payment of any debt, except the Refunded Bonds and the Subordinated Bonds, as defined in the Original Ordinance, and are legally available to pay the Bond. Such Pledged Revenues will be sufficient to pay all principal of and interest on the Bond when due and to make all required payments under the Original Ordinance and the Bond Ordinance. Section 3. Loan. The Lender agrees to make a Loan to the City for the purpose of refunding the Refunded Bonds. The Loan shall be evidenced by the Bond, containing the terms in the Bond Ordinance and this Agreement, which shall be substantially in the form provided in the Resolution. Section 4. Terms and Covenants of Prior Ordinances Apply. All of the terms and covenants of Section 6.08 and Article III and Article V, except Section 5.04 thereof relating to continuing disclosure, of the Original Ordinance, are incorporated by reference herein and shall apply to the Loan and the Bond for the benefit of the Lender as fully as if set out herein. Upon compliance with the requirements of the Original Ordinance for the issuance of Additional Parity Bonds, the Bond shall be Additional Parity Bonds for all purposes of the Original Ordinance. Section 5. Prepayment. The Bond shall be prepayable before maturity as provided in the Resolution. Section 6. Application of Loan Proceeds. All proceeds received from the Loan shall be either (1) deposited on the date of receipt with the Paying Agent for the Refunded Bonds, in an amount sufficient to pay the redemption price for the Refunded Bonds on the earliest practicable date of redemption, to be held uninvested by the Paying Agent until the redemption date, or (2) deposited in an irrevocable escrow account with an escrow agent, in a sufficient amount which, when invested to the redemption date for the Refunded Bonds, will be sufficient to pay the redemption price of the Refunded Bonds on the redemption date, all to be accomplished in a manner such that the lien on the Pledged Revenues securing payment of the Refunded Bonds will be defeased in accordance with the Original Ordinance. The Lender shall not have a lien on the money so deposited as provided in this Section. 00350267-1 2 AGENDA ITEM# 7F JULY 14, 2014 Section 7. Waiver of Jury Trial. WITH RESPECT TO ANY SUIT OR ACTION BETWEEN THE CITY AND THE LENDER RELATING TO THE LOAN, OR THIS LOAN AGREEMENT, THE CITY AND THE LENDER EACH EXPRESSLY WAIVES ANY RIGHT TO A JURY TRIAL, AND AGREES THAT THE EXCLUSIVE VENUE FOR ANY SUCH SUIT OR ACTION SHALL BE DUVAL COUNTY, FLORIDA. Section 8. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, to the parties at the following addresses: As to the City: As to the Lender: Notice Addresses Nelson VanLiere City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233-5445 (904) 247-5807 Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Communication to the Lender via telecopier shall be confirmed by delivery of a hard copy thereof to the Lender not later than two (2) Business Days after such communication by telecopier. Section 9. Qualified Tax-Exempt Obligation. The City hereby represents and finds that it reasonably anticipates not more than $30,000,000 of tax-exempt obligations (other than certain private activity bonds) will be issued by the City and its subordinate governmental entities in calendar year 2014. The City hereby directs its Mayor, or the Acting City Manager, or their delegates, to recertify these representations upon issuance of the Bond, and the Bond is hereby designated as "qualified tax-exempt obligation" under Section 265(b)(3) of the Code. Section 10. No Recourse. No recourse shall be had for the payment of the principal of and interest on the Bond or for any claim based on the Bond or on this Agreement, against any present or former member or officer of the City Commission or any person executing the Bond. Section 11. Amendments, Changes and Modifications. This Agreement may be amended by written agreement of the City and the Lender. Section 12. Binding Effect. To the extent provided herein, this Agreement shall be binding upon the City and the Lender and shall inure to the benefit of the City and the Lender and their respective successors and assigns. 00350267-1 3 AGENDA ITEM# 7F JULY 14, 2014 Section 13. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 14. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 15. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 00350267-1 4 AGENDA ITEM# 7F JULY 14,2014 IN WITNESS WHEREOF, the City and the Lender have executed and delivered this Loan Agreement as of , 2014. (SEAL) AITEST: By: __________________________ _ Donna L. Bartle, City Clerk 00350267-1 5 CITY OF ATLANTIC BEACH, FLORIDA By: __________________________ _ Carolyn Woods, Mayor [LENDER] By: __________________________ __ Its: D A Dunlop & Associates Dunlap & Associates, Inc . June I 6, 2014 Mr. Nelson Van Licrc City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Financia l Consultants Subject: City of Atlantic Beach, Florida Dear Nelson, Utilities System Revenue Refunding Bond, Series 2014 Letter of Recommendation A GENDA ITEM II 7F J ULY 14 ,2014 Dun lap & Associates, Inc. ha s reviewed the proposals submitted by the Bank of America, J .P. Morgan Chase Bank, Sun Trust and TD Bank. (See attached Summary of Responses) As yo u will note , TD Bank's Op ti on I provided the lowest rate of2.33% for the Utilities Sys tem Revenue Refunding Bond , Seri es 20 I 4 ("20 I 4 Bond"), based on a fonnula that uses the I 0 year Libor Swap Rate as a benclunark . The I 0 year Libor Swap rate is a variab le rate which changes depending on market condi ti ons, therefore th e 2.33 % interest rate may vary up until the tim e the rate is set. The pre sent value savings to the City at the 2.33% rate is $1 ,423,950 or 9.57% of refunded bonds . We recommend that the City accept TO Ba nk's Opt ion 1, ba sed on the fa ct that TD Bank offers the lowest rate. lf approved , the 2014 Bond is scheduled to close on August 1 8, 2014 . Please feel free to ca U with any que stions. We appreciate the opportunity to be of service to the City of Atlantic Beach, Florida. Sincerely, 1146 Keyes Avenue Winter Park, Florida 32789 Telephone: 407.678 .0977 Telecopy: 407.678 .6240 rFitm I I Comac: Person A ll-ln True Intents! Cost ' lndic.ative Prici ng R ate _oc;;ed ·R a te Formula San'< Counsel Fee (San~ Counsel) F onal l.<a tu":Y lntare-st Calcula!JCn Pnepa,men: A:idr:.o,..• Bor.ds T ~st -em-ct Propcsal '-axa!>l:y All,us:noe~: •Co"P')fa~e Tax Rate AC:II$Men: ~.:ory Re!atonshop ::>e!a .. tRa te ,F ,nanc.aJ Statemen:s Req,.,•ed I Othe< PI'O\IIS O'l Coty of Atlantic Beach Utilities S ystem Revenue Refundong Bond, Series 2014 (2004, 2010A-1 , and 20108 ) Summary of R esponses i n O rder by All-in True Interest Cost TD Bank (Option 1) I TD a.nk (Option 2) JPII ChaM IODtion 1) Banltol~ Coley ~O.'leS I Coley ~'OneS R e1'1ee L.gon;Oan laly All a.&..ie< (90<' i 26>25~ ,904 26$.2504 4~ 925-2726 l 850 I 934-5946 Ja CASOnv .e ~da ~~·· Florida "--:aTT".a Geotg.a Pens.aco43 F1onda 2.39% 2.62% 2.66% 2..711% 2..33% 2.56% 2.60~ 2.64% No 112Dc :o Si18 14; No (121bp to 8118'1 4) ll.o oSet u oon acceptance! No : Set2 Clays P'10I' t11 Clos.ng) 70'11. 10yr LI3 0R Swap R ate • 4 3bp$ 7~ 10yr L•BOR Swap Rate + 6&.lps -6 % 10yr 7reasury • 61 .7bps 79n"th Swap Ra:e • 52bps 56.000 $6,000 S8.500 $5500 (TB D) (TBDJI (Ho1and & Kn.ghl) (TBO)J 10 112025 1Di112025 10:1 '2025 1 1QJ1'20251 JO,J60 301360 301360 301360 Ma<.~·t.'>C>e Any.me@Par II. on-c:ab!>Oe l.'a<e-Whole :10% 1 1~ 110% N:A N~A .~A 5112;;4 &.112/1 4 Yes Yes Yes VII$ Yes Yes No Yes to.o No No No : .. rrent ~n:erest p~~s 6'14 Current ln:erest !lk>s ~ N'A Maxlnum ~ Lav. ' 270 Days Z70 Days 270 Oa ts 270 Days 1) A~~on o' Loan 2 ) Ass.gnment at Ulall JPiot ChaM IODtion 2) R~ L.gon!Oan Laly 404 926-2-26 Al:an:a Georg.a 2.71 % ' 2..6 5% No ·(Set upon aroeptanc:e) 76 % lOyr Tneasury ~ 66 7bps S8.500 (f'ooand & Kn.ght) 10''12025 30'360 1017119!!!! Pa! :10% a :2.14 Yes No No N IA 2i1 Oats > 0 c:~ ro -<> -~ =i rv er: ~s:: A :;:, ....., -:; Fi nn ContaC1 Person A ll-in True Interest Cost Indicative Prici ng Rate Locked Rate Formula Bank Counsel Fee (Bank Counsel) Final Matunty Interest Calculation Prepayment Addotional Bonds Test Term of Proposal Taxabihty Adjustment Corporate Tax Rate AdJUStment Deposotory Relabonshop Default Rate Fi nancial Statements Required Other Provision Ci ty o f Atlantic ~ac h Ut ilit i es S y stem Revenue R efunding Bond , S eries 2014 (2004, 2 010A ·1, and 201 0 6 ) S u m m ary of Responses in Order by A ll·in T r ue Interes t C o s t JPM Chase !OPtion 3 Sun Trust IODtio n 1 1 Su n Trust (Option 31 Su n T rust (Option 2) Renee Ugon/Oan Lally Lisa Hayes Usa Hayes Losa Hayes {404) 926-2726 (904) 632-2599 (904) 632-2599 (904) 632-2599 Atlanta. Georgoa JacksonviUe. Florida Jacksonville, Flonda Jacksonvolle. Florida 3.04% 3.14% 3.30% 3.39% 2.98% 3.08% 3.24% 3.33'!. No (Set upon acceptance) No (8bps for 75 days) No (8bps for 75 days) No (8bps for 75 days) 76% 10yr T reasury + 997bps NJA NIA N/A $8,500 $8,500 S8,500 $8,500 (Holland & Knight) (Holland & Knight) (Holland & Knight) (HoDand & Knight) 10/1/2025 10/1/2025 10/1/2025 10/1/2025 301360 30/360 30/360 30/360 1012115@ Par Make-Whole After 10/1119@ Par Any!Jme @ Par 110% 110% 110% 110% 8/12/14 6 /16/14 6/16/14 611 6/14 Yes Yes Yes Yes No Yes Yes Yes No No No No NJA Lesser of P+8% or MaXJmum by Law Lesser of P+S% or Maxomum by Law Lesser of P+8% or Maximum by Law 270 Days 210 Days 210 Days 210 Days 24bps to delete Corporate Tax 24bps to delete Corporate Tax 24bps to delete Corporate Tax language Lanouage Langua~e ORDINANCE NO. 95-14-108 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 9, OF THE CODE OF ORDINANCES, TO PROIDBIT DISCRIMINATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7G JULY 14,2014 WHEREAS, the City Commission of the City of Atlantic Beach, Florida, recognizes individuals within the City should be :free :from discrimination based upon race, color, religion, sex, national origin, sexual orientation, gender identity or gender expression; WHEREAS, the City Commission of the City of Atlantic Beach, Florida, wishes to protect each citizen's interest in personal dignity and to preserve the public safety, health and general welfare of the City; WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that it is necessary to amend Chapter 9 of the Atlantic Beach Code of Ordinances. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Regulation Amended. That Chapter 9 of the Code of Ordinances, of the City of Atlantic Beach, Florida, is hereby amended to read as follows: ARTICLE I. IN GENERAL Sec. 9-1. Purpose. To promote a City where individuals are :free :from discrimination based upon race, color, religion, sex, national ongm, sexual orientation, gender identity or gender expression. Words stricken are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 1 of 18 Sec. 9-2. Definitions. Whenever used in this chapter, the following words and terms shall have the following meanings unless the context necessarily requires otherwise: Aggrieved individual shall mean any individual who claims to have been injured by a discriminatory practice. Discriminatory practice shall mean any practice or act made unlawful or which is otherwise prohibited by this chapter. Dwelling shall mean any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location of any such building, structure or portion thereof. Family shall include a single individual. Gender expression shall mean the way in which a person acts to communicate gender within a given culture. A person's gender expression may or may not be consistent with socially prescribed gender roles, and may or may not reflect his or her gender identity. Gender identity shall mean one's sense of oneself as male, female or transgender. When one's gender identity and biological sex are not congruent, the individual may identify as transsexual or as another transgender category. Words stricken are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 2 of 18 AGENDA ITEM# 7G JULY 14, 2014 National origin shall mean the national origin of an ancestor or the country of origin of an individual's forebears, naturally, by marriage or by adoption. Person shall include one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trust, unincorporated organizations, trustees in bankruptcy, receivers, and fiduciaries. Places of public accommodation shall mean any establishment, service, place or building which offers, sells, or otherwise makes available to the public any good, service, facility, privilege or advantage. The following shall not be considered places of public accommodation: private clubs or establishments not open to the public other than members of the club or establishment, and facilities and accommodations owned or operated by religious organizations, associations, societies, or non-profit organizations operating or controlled by a religious organization, where the facilities and accommodations are made available to members of that religion but not to the public. Religious organization shall include a religious corporation, association or society. To rent shall include to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. Words striekea are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 3 of 18 AGENDA ITEM# 7G JULY 14,2014 Sexual orientation means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. Sec. 9-3. Prohibited conduct. Subject to the exceptions set out in this article, it shall be unlawful for any person to do any of the following acts: (1) No person or employment agency shall directly or indirectly discriminate against any individual in hiring, classification, grading, discharge, discipline, compensation or other term or condition of employment because of the individual's race, color, religion, sex, national origin, sexual orientation, gender identity or gender expression. (2) No person shall discriminate against any individual in any aspect of any credit transaction, or in any terms and conditions of bonding because of the individual's race, color, religion, sex, national ongm, sexual orientation, gender identity or gender expression. (3) No person who owns, leases, rents, operates, manages or in any manner controls a public accommodation shall withhold, deny, curtail, limit or discriminate concerning the full use of such public accommodation by any individual because of the individual's race, color, religion, sex, national origin, sexual orientation, gender identity or gender expression. ( 4) It shall be unlawful for a person to retaliate or discriminate in any manner against an individual because such individual opposed Words stricken are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 4 ofl8 AGENDA ITEM# 7G JULY 14,2014 a practice prohibited by this chapter or prohibited by existing federal or state law prohibiting discrimination; or to retaliate or discriminate in any manner against an individual because such individual has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding, hearing or conference under this chapter or under any federal or state law prohibiting discrimination. (5) It shall be unlawful to coerce, intimidate, threaten or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter. Sec. 9-4. Complaints. (1) An aggrieved individual may, under this article, file a complaint and request a hearing before a special magistrate within thirty (30) days to determine if the alleged person committed a discriminatory practice prohibited by this article. If the special magistrate fmds that a discriminatory practice has been committed or is about to be committed, the special magistrate may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of the discriminatory practice including, but not limited to, a temporary or permanent injunction or other equitable relief, a temporary restraining order, or an award of actual damages, including back pay, punitive damages, an award of reasonable attorney's fees, interest, and costs, or other such relief as the special magistrate deems appropriate. Words strieken are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 5 of 18 AGENDA ITEM# 7G JULY 14,2014 (2) Either party may appeal the decision of the special magistrate by commencing a civil action in a court of competent jurisdiction provided, however, that such civil action must be filed no later than one year after the discriminatory practice is alleged to have been committed. (3) If, in a civil action commenced under this article, the court finds that a discriminatory practice has been committed or is about to be committed, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of the discriminatory practice including, but not limited to, a temporary or permanent injunction or other equitable relief, a temporary restraining order, an award of actual damages, including back pay, punitive damages, an award of reasonable attorney's fees, interest, and costs, or other such relief as the court deems appropriate. Sec. 9·5. Exemptions. Nothing in sections 9-1 through 9-4 shall apply to: (1) Sovereign immunity: (a) Pursuant to Article X, Section 13, Florida Constitution, nothing in this chapter shall be deemed to be a provision for bringing suit against the state or otherwise be deemed to be a waiver of sovereign immunity. (b) Nothing in this chapter shall be construed to prohibit any sovereignly immune entity from adopting its own internal policies and rules to prohibit discriminatory practices and acts and to Words stricken are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 6 of 18 AGENDA ITEM# 7G JULY 14,2014 resolve allegations or complaints of such discriminatory practices and acts to the extent allowed by law. (c) Nothing in this chapter shall be deemed to modify, impair, or otherwise affect any other right or remedy conferred by the constitution or laws of the United States or the State of Florida, and the provisions of this chapter shall be deemed to be in addition to those provided by such other laws. (2) Religious organizations: This article shall not apply to a corporation, association, educational institution, or society that is exempt from the religious discrimination provisions of Title VII of the Civil Rights Acts of 1964 pursuant to section 702(a) of such Act (42 U.S.C. 2000e- l(a)), or as such section may hereafter be amended. For purposes of this chapter, such corporations, associations, educational institutions, or societies shall include religious corporations, associations, educational institutions, or societies which condition opportunities in the area of employment to members of that religious corporation, association, educational institution, or society or to persons who subscribe to its tenants or beliefs. (3) Employers: Notwithstanding any other provision of this article, it shall not be a discriminatory practice under this article to take or fail to take any action based upon the individual's race, color, religion, sex, national origin, sexual orientation, gender identity or gender expression when a bona fide occupational qualification is Words strieken are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 7 of 18 AGENDA ITEM# 7G JULY 14,2014 reasonably necessary for the performance of employment to which such action or inaction is related. Employers are able to observe the terms of a bona fide seniority system, a bona fide employee benefit plan such as a retirement, pension, or insurance plan, or a system which measures earnings by quantity or quality of production, which is not designed, intended, or used to evade the purposes of this article. This article shall not be construed to make unlawful the rejection or termination of employment when the individual applicant or employee has failed to meet bona fide requirements for the job or position sought or held, nor shall this article preclude such physical and medical examinations of applicants and employees as an employer may require of applicants and employees to determine fitness for the job or position sought or held. ( 4) Businesses: This article shall not apply to a corporation, professional association or business that employs fifteen (15) employees or less on a full time basis. Sec. 9-6. Criminal Acts Nothing in this article may be asserted or construed as a defense to any criminal act, prohibited by local, state or federal laws. Sec. 9-7. False Claims If a court of competent jurisdiction fmds that an unsupported claim was filed by an individual claiming to be an aggrieved party, the party required to defend against the meritless claim shall be Words strieken are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 8 of 18 AGENDA ITEM# 7G JULY 14,2014 entitled to attorney's fees and sanctions pursuant to Section 57.105, Florida Statutes. Sees. 9 1 9 15. Reserved. Sees. 9-8-9-16. Reserved. Words strieken are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 9 of 18 AGENDA ITEM# 7G JULY 14, 2014 ARTICLE II. FAIR HOUSING See. 9 16. Definitions. ·whenev-er used in this article, the following Vlords and terms shall have the follovling meanings unless the context necessarily requires othervrise: Dwelling shall mean any building, structure, or portion thereof ·..vhieh is occupied as, or designed or intended for occupancy as, a residence by one (I) or more families, and any vacant land which is offered for sale or lease for the construction or location of any such building, structure or portion thereof. J.4£tmily shall include a single individual. Person shall include one (I) or more individuals, corporations, partnerships, associations, labor organizations, legal representativ;es, mutual companies, joint stock companies, trust, unincorporated organizations, trustees in bankruptcy, receiVers, and fiduciaries. To rent shall include to lease, to sublease, to let and othenvise to grant for a consideration the right to oeeupy premises not ovmed by the oeeupant. Sec. 9-1 7. Prohibited conduct. Subject to the exceptions set out in this article, it shall be unlawful for any person to do any of the following acts: Words strieken are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 10 of18 AGENDA ITEM# 7G JULY 14, 2014 (1) To refuse to sell or rent after the making of a bona fide offer to do so or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, sex, religion .. er---national origin, sexual orientation, gender identity or gender expression. (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, color, sex, religion .. eF-national origin, sexual orientation, gender identity or gender expression. (3) To make, print or publish, or cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, sex, religion .. ef national origin, sexual orientation, gender identity or gender expression or an intention to make any such preference, limitation or discrimination. ( 4) To represent to any person because of race, color, sex, religion .. er---national origin, sexual orientation, gender identity or gender expression that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available. (5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a Words strieken are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 11 of 18 AGENDA ITEM# 7G JULY 14, 2014 particular race, color, sex, religion, ef-national ongm, sexual orientation, gender identity or gender expression. Sec. 9-18. Multiple listing services. It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers organization, or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership or participation on account of race, color, sex, religion, eF-national origin, sexual orientation, gender identity or gender expression. Sec. 9-19. Educational activities. The city manager is authorized and directed to undertake such educational and conciliatory activities as in his judgment will further the purposes of this article. He may call conferences of persons in the housing industry and other interested parties to acquaint them with the provisions hereof and the suggested means of implementing this article. The city manager shall further endeavor, with the advice of the housing industry and other interested parties, to work out programs of voluntary compliance and may advise appropriate city officials on matters of enforcement. The city manager may issue reports on such conferences and consultation as it deems appropriate. Sec. 9-20. Complaints. (a) Any person who claims to have been injured by an act made unlawful by this article or who claims that he will be injured by such an act, may file a complaint with the city manager. A Words strieken are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 12 of 18 AGENDA ITEM# 7G JULY 14,2014 complaint shall be filed within one hundred eighty (180) days after the alleged unlawful act occurred. Complaints shall be in writing and shall contain such information and be in such form as required by the city manager. Upon receipt of a complaint, the city manager shall promptly investigate it and shall complete his investigation within fifteen (15) days. If the city manager finds reasonable cause to believe that a violation of this article has occurred, or if a person charged with violation of this article refused to furnish information to the city manager, the city manager may request the city attorney to prosecute an action in a court or board of competent jurisdiction against the person charged in the complaint. The request shall be in writing. (b) Upon receiving such written request and with the assistance of the aggrieved person and city manager, within fifteen (15) days after receiving the request the city attorney shall be prepared to prosecute an action in the appropriate court or board of competent jurisdiction, provided a warrant is sworn out by the aggrieved person and served upon the person or persons charged with the offense. Sec. 9-21. Use of remedies of this article, other remedies. Nothing in this article requires any person claiming to have been injured by an act made unlawful by this article to exhaust the remedies provided herein; nor prevent any such person from seeking relief at any time under the Federal Civil Rights Acts or other applicable legal provisions. Sec. 9-22. Discrimination in the fmancing of housing. Words strieken are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 13 of 18 AGENDA ITEM# 70 JULY 14,2014 It is unlawful for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise the business of which consists in whole or in part of the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, sex, or national origin of the person or of any person associated with him in connection with the loan or other financial assistance or the purposes of the loan or other financial assistance, or because of the race, color, sex, religion, eF-national origin, sexual orientation, gender identity or gender expression of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which the loan or other financial assistance is to be made or given. Sec. 9-23. Exemptions. (a) Nothing in sections 9-17 and 9-22 shall apply to: (1) Any single-family house sold or rented by its owner, provided the private individual owner does not own more than three (3) single-family houses at any one time. In the case of the sale of a single-family house by a private individual owner who does not reside in the house at the time of the sale or who was not the most recent resident of the house prior to the sale, the exemption granted by this paragraph shall apply only with respect to one (1) sale within any twenty-four-month period. In addition, the bona fide Words strieken are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 14 of 18 AGENDA ITEM# 7G JULY 14,2014 private individual owner shall not own any interest in, nor shall there be owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three (3) single- family houses at any one time. The sale or rental of any single- family house shall be excepted from the application of this article only if the house is sold or rented: a. Without the use in any manner ofthe sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman or the facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of the broker, agent, salesman, or person; and b. Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of section 9-17(3). Nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as is necessary to perfect or transfer the title. (2) Rooms or units m dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (b) For the purposes of paragraph (a), a person is deemed to be in the business of selling or renting dwellings if: Words striekeR are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 15 of 18 AGENDA ITEM# 7G JULY 14, 2014 (1) He has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; (2) He has, within the preceding twelve (12) months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or (3) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families. (c) Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of any dwelling which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion in restricted on account of race, color, or national origin. Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. Words strieken are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 16 of18 AGENDA ITEM# 7G JULY 14,2014 Sec. 9-24. Interference, coercion, or intimidation; enforcement by civil action. It is unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise of, or on account of his having exercised, or on account of his having aided or encouraged any other person in the exercise of any right granted under this article. This section may be enforced by appropriate civil action. Sec. 9-25. Violations. Any person violating any provision of this article shall be guilty of an offense and upon conviction shall pay a penalty of not more than fifty dollars ($50.00) for each offense. Words stricken are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 17 of 18 AGENDA ITEM# 7G JULY 14, 2014 AGENDA ITEM# 7G JULY 14,2014 SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of any other ordinance, then the provisions of this ordinance shall govern. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this __ day of ____ 2014. PASS ED by the City Commission on second and final this __ day of ____ _ 2014. ATTEST: DONNA L. BARTLE, City Clerk Approved as to form and correctness: RICHARD KOMANDO, City Attorney CAROLYN WOODS, Mayor, Presiding Officer Words strieken are deletions; words underlined are additions. ORDINANCE NO. 95-14- Page 18 of 18 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT /\GENOA ITEM 1/711 J ULY 14,2014 AGENDA ITEM: Ordinance No. 5-14-61: Amending C hapter 2 of the Code of Ordinances, Administration, Article II, City Commission, Sec. 2-16, Time and Place of Reg u lar meetings, to provide for two regular meetings. SUBMITTED BY: Nelson Van Li ere, City Manager ~ DATE: June 17,2014 BACKGROUND: At the June 9, 20 14 mee tin g, the C ity Co mmi ss ion di sc ussed proposed · Ordinance No. 5-14-61 an d decided to tab le the item until a ful l comm iss io n cou ld be present and to g ive Staff th e opportunity to make some adjustments to the presentation of the age nda i tern s. As previou s ly stated, th e goa l of the Staff and Com mi ssion is to work together to produce an age nd a th at is both inform ativ e to the pub lic and all ows for business to be effi cien tl y ca rried o n month to month . lt is clear that giving ample time for th e public to weigh in on imp ortant issues is a priority in Atlantic Beach . As a res ul t of di scu ss ions from the previous meetin gs, Staff has come up with a better way to meet th ose need s. Upo n approva l of the att ac hed o rdinan ce, Staff can pr epare agend as that wi ll ensure items of sign ifi cant importance are discussed thoroughl y and that those of a routine nature can move forward. The attached outlin e entitled : Agenda Preparation Guidelines has been amended to reflect recent di scuss ions an d will be used as a guidel in e for age nd a preparation. This chart indicates how eac h type of item is to be considered in the compi lati on of the agend a . Upon examination of th e guide lin es, yo u can see that most items, with th e exceptio n of Action on Ordinances and Miscellaneous Business items, would ap p ea r only once. Ordinances represen t the creat ion of legis lation and are required to be heard more than once. Miscellaneous Business item s represent a variety of item s with va ryin g significance from agenda to age nd a. ln thi s Miscellaneous Business sect ion of th e agenda is where we pro po se to give special attentio n. As a so lution to the problem o f cnsUting mi scellaneo us items arc highli g ht ed a nd discussed in a m ann er that gives approp tiate att enti on to them , Staff reviewed th e rules fo und in our code and determined that the existing agend a has a provi s ion for thi s, but that it has not bee n use d for thi s purpo se. It em #3 on the Agenda Outlin e wa s placed there to co ns id er any unfini shed business from the prev ious meetings. CatT yover items would be placed in this sec ti on of the agenda in the ord er that they app ear ed in a previous meeting. Hems th at otigi nated in a special category such as Resolutions or Ordinances would stay in their respective age nda ca tego rie s. Th e pro cess would be to place the appropriate item s on th e age nd a und er #8 Miscellaneous Business. Th ey wou ld be di scussed and co nsid ered as it ems th e com mi ssion wo uld want to move forward to the next age nd a. The su bsequent meetin g would then in clud e tho se sa me it ems in #3 Unfinished Business sectio n of th e Agen da Outline. BUDGET: AGENDA ITEM II 711 JULY 14 .2014 Sta f f will also impl ement the revised dead lin es di scussed in the previous meeting to a ll ow the Co mmi ss io ners and the publi c an extra five to seven (5 -7) days to rev iew the agenda before the mee tin g to all ow for input and qu es tio ns to be answered . Thi s extra ti me will prove sign ifi cant for those involved in the preparations for a meeting. T he deadline for submi ssion of all agenda item s from either the Co mmi ssion or staff, wou ld be the Wedn es da y (13 days) pri or to th e com mi ss ion meeting. T he age nd a wou ld then be pu blis hed and di sbursed on th e Friday after th e d ead line. All items to be co ns idered on th e agend a will be subm itted by the deadline in final format form. Also, as a result of the comments made at the May meeting, Staff has amended the prop osed ord in a nc e to reflect the origi nal meeting time as 6:30 p.m. In the even t that the Commi ssion chooses to cal l for a workshop , the expectat ion would be to have those o n the same meeting nights as th e regularly scheduled meeting unless specifi ca lly requ ested for ano th er time. Thi s wi ll limit th e strain on the com mi ss ioner's schedule to on ly two ni g hts a month in norma l ci rcum stances. Th e short e r age nd a and the expectation of doing City bu siness two ni ghts a month sho uld stream lin e the process for everyo ne. No budget imp act. RECOMMENDATION : Approve Or dinance No. 5-I 4-61 . ATTACHMENTS: Staff Report dated Apri l1 8, 20 14 Agen da Preparat ion Gui deline Chart Ordinance No. 5-14-61 REVIEWED BY C I TY MANAGER -J,1,' t/tUz /<bU., Item Approval of M i nutes Appro va l of Minutes Courtesy of t he Floor to Visitors Courtesy of the Floor Presentation Proclamation Unfinished Business Miscellaneous items carr ied forward from the preceding meetings Consent Agenda Monthly Report s Quart erly Report Annual Re port Written Report on a spec ific project De clare Prope rty Surplus Award i ni t i al co ntrac t contract for Bid Award RFP Extend Contract w hen allowed for in the current t erms. Committee Reports Co mmittee Repo rt Action on Resolutions Resolution Action on Ordinances Ordinance Misce llaneous Business Use -by-Exception Waiver Approva l of Contract with signi ficant importance and va l u e Appointment of members to a sta nding Boa rd o r Committee Estab li shing an Ad Hoc Committee, t he n appoi nting its members City Manager City M a nager Report Reports and/or Requests from City Commissioners and City Attorney Announcements Agenda Preparation Guidelines Purpose Requires Special Advertising Action No Informational-No Action No Info rmationa l-No Action No Ceremonial-No Action No Action No Acknowledge Re ce ipt No Acknowledge Receipt No Acknow ledge Recei pt No Acknow ledge Receipt No Action No Action No Action No Action No Informational No Action *No Action Yes Discussion I Action Yes Discussion I Action Ye s Discu ssio n I Action No Di sc ussio n I Action No Disc uss io n I Action No Inform ational No Info rm atio nal No Requires a Public Hearing for CC meeting? No No No No No No No No No No No No No No No *Yes Yes Yes No No No No No 1\GEND/\ ITI ~M II 7H J ULY 14,20 14 Standard # of times needed on the agenda 1 N/A 1 1 1 1 1 1 1 1 1 1 1 1 1 2 **2 1 2 1 2 1 N/A Agenda Preparation Guidelines AGENDA ITEM# 7H JULY 14,2014 *Exceptions: 1. Ordinances and Resolutions to set the annual operating budget and millage rate require special advertising and two public hearings. 2. Changes in Zoning District Classifications, Special Planned Areas (SPA's), changes to Land Development Regulations and Comprehensive Plan Amendments require one public hearing at the Community Development Board (COB} meeting so the COB can make a recommendation to the Commission. They also require two public hearings at City Commission meetings. ** Notes: Use-by-exceptions will be on the Commission Agenda twice. The first time, as a discussion only item and the second time, as a public hearing and action item. Variances are handled through the Community Development Board (CDB) and require a Public Hearing. No Commission action is needed. Use-by-exceptions are heard by the Community Development Board (CDB) for a recommendation, then to the Commission. Any agenda Item that requires action and does not have written information in the initial packet, will most likely require an additional meeting in order to provide advance notice of the details and to allow time for citizen input. ( 'I'I'Y OF ATI.ANTIC' HE/\( 'II ('lTV ('OMMISSION MI•:I•:'IIN<; S'l A I• I•' IUo:POifl' t\l ol N l >t\ Ill t\111/A t\lt\ Y I ~ . .!111 •1 <hd iii<IIH'L' No. ~-lol -(11 : Allll'lldlllg ('hap tcr ') or the ('udl.· n l' Orclill:tlll 'l'S, 1\dlllinis trnriull , t \r lll:lt; II, Cily ( 'nlllllli"sion. Sl'l', 2 16, I i1m: 1111d PI ;H 'L' nl' l{cgul ar tlll 't'tings. to pt'n v id ~.: liu twn regu la r m~.:t1i11gs . SIII\MII"I'fo~l> UY Ndsnn Vm1 I ic n:, C'il y IVIa nagl.'r ICA('I~CJH)(I NI): On Apri l X111 , 101 \ thL: Cit y ('nt nm i-.siun app t'tl\'t:d Cll'dillilllt'l' No . Ci -11-SX <lllll:ll d i11g !111.: ( \Hk: ltl 1\:plth,!\,! Cll\1.: ol' till..! two sc hedu l t:tlllll'l!lings p~.;r 111 \)111 11 With i t work s hop . Thi s was done as a tr ia l lo .1ddrcss l'omphlints f'rn111 lit e pu h lit.: lhrtl th ere was 11 01 \'tH>ug h li 1nc li w l'ili zcn 111 p11l n n th e ug1 '11dn iknls hdhrc a vote·. 1\y wo rkshopping th e upco mi11 g :tgl..!ltd n, citi zens l 1:a vc nH>rc ti llll ' cllld opp11r t uni ry lo ht: llC'ill"d Oil il ll l l l'IHS bcl'on.: H \'!Il l.' is l'IISI. Sin IT has wmked ve ry hurd lu nlill <l.: I he l rn nsi tJ on iltln t he olll' llH..!l!llll g <1 1111111111 SC ltl.!dll k Slll'C.:css f'll l. lfoWCVI.'I', i mp i VIIllllt l<llioll ol' this lll!\V SdH.:dulc l ws h~o·l'll t:,'\l rt:ull:l y di fl kt dl liu· s tnfl'. A ll cr l:U rcful t:o ns i(h.:ntli on, WL' IH;I iL·vt· w~.; lww l'tllll t: up wil lr un alll'tlwtivc I hal wi ll add n.:s s l!Vl:t }'ll ll t'.'~ Cllllt:l'I"IIS. Be low i s a l i sf uf uuinll'IHir:d cuu scquctlccs t lwl lw vc hccn :r l'h a ll cngt• lu st arr ,t~.hacc I h e inccJiti(lll of :1 ou e mccling per month sc h L•duJc. I . !'I ll! ags!_HIHS an: ro ughl y lwil!l' I he s.i zc. rlti s lly il s~.:l r \\IO~tl d 1111 1 ~l'l'l11 (II h . :til i ss tu ·. !'l ease ronsi d L·r I hat cad1 itc 111 i s i mp11riHill 1111d i:-; lht: rt ''\ttll <•I' :-;ta ll's ha rd Wl •rl<. 'I'll~.: l~nt in.: Ht_\1..!1\da nwst he ind c:<t•d on d p ~tg in alcd, ~.·npicd :IIHI h•lltlhl , scunn ~d :r11d u plo:ull:d, disll'ihut cd 111 1d li11 lw d to wu b Jlll j!ll~. l. M ce tin&" III'L' lwi n • au llli& A din.:d rc:-u l t ul' l l w l t.!n g l h y age 11 t ht is l h at llll' llll.:c t i ngs lak l' twice.! as long hl't:au s ~: th CI 'i me twice ns many ih.:ms to d i sc uss. J . Th e hurclllll 'l i ll }' :tddt:d lo Uw approval nrocess sl ows lh l' II PJ>!'OVcll nr l'lHtlinc ilc ii\S duw11 . lor man y irnpOI I i l l ll rlelll!'i, W!..' rccugni/.c it i ~ imporlanl l o s low dnwn and hci ll'l'llllllltcn l s 11111rl' lh.tn \lllL'c Rnu tin e llcms. hmvever .• 11'1 : l1 cld lip in t he sn mc lim ~.:l ill u and lll'l\11\ll ahk tu 1\l tWc ((m v an l despite li ll i e or m1 t~O II\11h.)ll !s li·u 1n lhr cilizL:n:-;. ( 'tlllSL'n l itl.!nt s l iikc nnl y 11 li.:w 111inul es l o pnss in llw lill:cli ltg , hut a 1'\lllll ll'ec to lb 11r w<·c l{s In gol hroll gllrhc e11 tir·c •1p prnva l pro cess. 4. ~li!.!LJ•re par~tlinJ~I!.!Ilgl y nevl'r emb. As stHI'I pr qmrcs (ill' ( 'nmnr i ss inn nwdings, W\' wri te p111 posals ;rml r escardt a trel lll.!ltdlllts allliHIIllllfinfimlllllioll in pn.:pilrlltinn ro r the lltedi ng. lr. . .:ms o r routine 11\l l lll • lll'l.' di st.·uo.:scd l win'. 111111'1..! impurlil lll ilctllS 1\Hi t l imes .111d snmclillll!S , if' ddi.:rt \.'d PI' iiS l hl' l'l''\ll(l ol' \Ill i11it1<tl pnt!l\I .Si il tl ml lcd lO l lll' l1<:1intl , the agend;r ite m III:I Y ll t:l!d lll ht.: l'!·e~IJ in tlll l' t11i11d.s fi ll' si>. wee k s as 11t.:w it ems ii Cl 'llllll rl illl ', We n •ud tu he nh l e In l iil~e ll ·rinll ami lllll VC fonV i i i'C I. S. io've ry .L.lgendn has htx n illllt:lltkd . Sin ce lilt.: i11 ce plto11 ,d th e Oil\.' 11 11.:et i n ~ sd ted ul c, we ha ve h:1d IHIIn c rous spec ial t·u ll cd 111\.!Ct i 11gs illld ~:v •ry Wt 11k shoppl·d ilt~cllllit h.ts hcc 11 llllH'Ildcd. ""' ~t a l 'l' tr ies 111 11 Hd,c pro g ress on pro1~cls 01 ~;o nlra c l s, wc sil t111d w ail thlllll~lt ll•lt g wn rk s ht>ps when; no m·lion c;tn bt: 1ak~.:11 . l lti.:re was no disL:llss itlt\ 111' C\tllH l1cnls tllld yd we nlllsl wai l Ullll lhct·two Wi.:t.:ks lnt n11 up pn1v:r l. AGENDA ITEM# 7 A MAY 12,2014 6. Ordinances reguire an additional month for approval. Ordinances set policy and require two meetings to approve. This is by design a method of seeking additional public input. 7. Workshop format places the Commissioners on the floor for round table discussions. This helps, but almost every meeting there is a special called meeting. This requires the cameras to be arranged differently and the sound system is not as good due to the failure of Commissioners to speak into the mic. We have had numerous complaints about the citizens not being able to hear the Commissioners when they are seated in the workshop format. The public gets confused about whether they are going to get action on an item or not. Staff is unsure in some cases whether the invited speakers should come to a workshop, Commission meeting or both. 8. Fear of missing an agenda deadline is real. Staff strives very hard to meet deadlines. With only one meeting, the consequences of missing an agenda deadline means either waiting another month for approval or requires that a special called meeting be scheduled. 9. The meeting of most importance to the citizen is the workshop. This is where the discussion takes place and this is the meeting the Commissioners need to be best prepared for. The agenda is received two to three business days ahead of the workshop. Of course they can prepare over the weekend and have four or five days max. This gives commissioners only a few days to meet with staff to get questions answered and we are busy getting ready for the meeting too. Solution: The solution being proposed is to return to two regular meetings a month, move the agenda deadline up to allow for publicizing the agenda a minimum of 10 days prior to the meetings, and start the meetings 3 0 minutes earlier. Below are the reasons this approach would work in reference to each of the above items. • Items 1 and 2 are addressed because the meetings will occur more often, each agenda is smaller and therefore the meetings will be shorter. Also, returning to a starting time for the meetings of 6:00 p.m. would allow staff and citizens to at least get out 30 minutes earlier. Thirty minutes may not seem like a big difference but for those who have to be at work at 8:00a.m. the next morning, it does make a difference. • Item 3 -Consultant presentations or interviews of selected persons for contracts can be approved in the same night, if desired. The option to defer has always been available. • Items 3 and 4 -Items of a routine nature can be approved twice a month, allowing staff to get projects started and allowing us to react and respond quicker to citizen requests. • Item 5 -Staff can prepare the reports for approval, attend a meeting and move forward to the next project. The constant preparation and attendance at long meetings for items on the agenda that pass with no discussion is a waste of everyone's time. • Item 5-The number of amended agendas will be greatly reduced. The number of versions of agendas floating around is becoming ridiculous. The Clerk has to wait until the last minute to publish the agenda to make sure all the amended portions are included. • Item 6 -Items of significance deserve either a deferral for more discussion, a public hearing and or a second reading. Ordinances are policy setting legislation and as such require two meetings to pass. Significant/complicated items, such as t\t ii :Nt )J\ 111-:1\1 1/ I I\ MAY 17. 20 1·1 '!< ..,. the lluiiHill l<ight~ Ordltllllll:t.:, 111ny b ~ dis t.:wist.:d in :1 ~l:pi l l'll l l! wu r k s ht~p . 'I h t ... 11<1!\ ~ ~ ul wHys be e n annpti nn. !:::: ::! o 11 <:111 7 -All llll 'cl ings <.:ti ll l ~tlct.: pi al.'<.: i11 IIJL· lim11 Ul s l'lliug wil llthl' l.!.'<lX:pti Ot l til lili..' e >-- Wtlrk shops I.!II II I.!U to di :-;t:U-<'l ~.:11l)S C I 1 it em s nf sig ni lic<llll:C. 'I'IH! ljllil lity PI" lht: @ ~ v icl l!ll will h • h •tt ~o:r lhr tlw v iewi n g puhl k und til t.: pwl'~:ss i onal l!'\111 wal l he ~ Ullhl tl \1,:\.'11. Works hop s~;ll i n gs shntdd he l'o r 1111'ormnl di :-;e ussiu ll 'i ot' II l i tllll l'd lllllllhc r lll' lnp iL's. " Jl cl ll :-; -Th e l i.:al or llliss illg <I ll1 1.!C l111 g UCildlim; wi ll he gn.:all y l'!.;dut:t:d whe n llll.:n.: Will hl: 111 1\ilhl..'r 11 1\.'t.:(in g Wit hi n H f i..'\·V \VC~.ti s. N lletll t) The d HIIl gl! tn li te ag.L:ndil prnl:t:S'i will a llow t'lllllll l i "isiun c r s, stall . c iti i'.u ns and Il l(.: press !11 l't.Jl!l'i Vt; l hL: a gL~n d a at leas t IO days in ad vum:u o l l h ~ 1m.:u ting . 'J'Iti s will ullt1\V ('nll111 l l S'\ilHI Crs I Wu w~ck ~11ds to n.N i cw u11cl umpl e lill i e l o tnl k w i th l.:ilitl!l l'i 1111tl ge l wi t1t .'lta i T. II willu llo w stnl't' to r t.:s..:arcll ill HI an swer addit io 11r1 l r.:nt ll:L'IIl s ul' l.'i li'li.!II S ;ll)c l l't:i lding lht: rCpllll s. ThL: ugc ndn w ill be p11 hl i shcd t(J r 111 1.! ptlhli ~: tn ru v i t.:\V 111 1d xw l'l' is uv<li la llk 10 address c ollt..:l'l'll f; hc lill'c• lilt..: II1 1JC i i ng r\lr o v~.;r II wed-:.. It will :tll ow th t~ Pl\'SS l u publi sh inl hrmul io n abuul items or illl•:n;st p r iill' ltl t ht.: 11l l!l!l i ng . Th i s will lead (I I a hel tc r i nlimm ;;d ptthlic 1111 d Comntissl tll l <1 11d 111 1111'11 kad ((I lw tt ur ckcis1o n lll:tk ing . ATTACIIM I,:NTS: 1\.t.:cp in tlltl ld tha t Wt.: huv u tlllpl l!ll l Ui ll t..:d ot hi..!r procudurcs to c 11h unc~ cn n11nun in11i n n ~ w ith lh c t.:ili1.cns si m:t.: lite on t: meet i ng sdH.:tl ulc \\'li S i111pl c111 ent L:d, W e <li'C now vi d l!o lilpi11 g mee ti ng s ill ld pr o v i d i ug ~o:l ct.:tmnk age nda s ll.1r I.'O illll liss i om;r~ In ll :iC nn ·it y provi ded il ,mk Ma 11agc mml 111 1W l'I1 CO ll l'i1gl'!\ CO nlllli ssiolli.]I'S lo direc tl y sec~k ll ll SWCI'S n·om stal'l' il ' m:cd \XI. This enl wm:us lilt.: response time wlwn g:llhur i 11g i11fill'lnl ll i llll t i ll' tucut i 11g p rupura lii ll lS. N 11 hudgl't imp<1d. Appro ve ( )rd i n<ln ~c No 5-14-6 1 Ordill:lllrl.! No . 5-H -6 1 ORDINANCE 5-14-61 AGENDA ITEM# 7H JULY 14,2014 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR TWO (2) REGULAR MEETINGS PER MONTH EXCEPT FOR DECEMBER AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: Sec.2-16 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: Sec. 2 16. Time--aml--f»ace of regular meetings and scheduled vvorkshof*h (a) Tho regular meetings of the city commission shall be held on the second Monday of each month. (b) Scheduled workshops of the city commission shall be held as follows: (1) In tho months of January through November, on the fourth Monday of the month. (2) In the month of December, on the third Monday of the month. (c) All regular meetings and scheduled workshops of the city commission shall be held in city hall at 6:30p.m. (d) If tho second or fourth Monday falls on a holiday, tho regular meeting or scheduled workshop shall be held on Tuesday immediately following the holiday. Sec. 2-16 Time and place of Regular meetings. The regular meetings of the city commission shall be held on the second and fourth Mondays of each month, except December, in city hall, at 6:30 p.m. If the second or fourth Monday falls on a holiday, the regular meeting shall be held on Tuesday immediately following the holiday. In the month of December, the regular meeting shall be held on the second Monday of the month. SECTION 2. This ordinance shall take effect immediately upon its final passage and adoption. PASS ED by the City Commission on first reading this __ day of ___ _ PASS ED by the City Commission on this second and final reading this __ day of __ ATTEST: Donna L. Bartle, CMC City Clerk Approved as to form and correctness: Rich Komando City Attorney Carolyn Woods Mayor, Presiding Officer CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM II 8t\ JUL Y 14.20 14 AGENDA ITEM: Memorandum o f Agreeme nt Betwee n Cit y of Atl anti c Bea ch and No rth Fl orid a Utility Co ordin ation Group (N FUC G) SUBMITTED BY: Donna Kalu zni ak., Utility Dire cto~ DATE: June 13,2014 BACKGROUND: Th e St. John s Ri ver Water Manage ment Di stri ct (S JRWMD ) has bee n und ert akin g a wa ter suppl y pl annin g process, al ong with st ud ies o r minimum tl ows and leve ls (MFLs) for are a lakes and sprin gs. The Su wa nn ee R ive r Wate r Mana gem e nt Di stric t (S RWMD ) has also been workin g on th e ir wa ter s uppl y is s ues. SRWMD is in th e process of setting MfLs for area rivers and springs. MFL s are adopted by th e Wat er Manage ment Di stri cts to prevent harm to th e wa ter reso urces o r ec ology o f an ar ea that co uld res ult fr om pe rmitted wa ter withdrawals . To accompli s h th is wor k, th e Dis tric ts use g rowth proj ecti ons, groundwater a nd reso ur ce mode li ng and oth er com p lex technical meth ods to de te rmin e futu re groun dwate r ava il ab ilit y and imp ac ts of withdra wal s. Res ult s of th e Di stri cts' Wa ter Sup ply Plans and MFLs ca n have a hu ge imp ac t on t bc Cit y's futur e wat er infras tru ctur e and cos t. T he City Co mmi ss io n prev ious ly approved a n agree ment wi th th e NFUCG on Jun e 8, 2009 and upd ated the ag ree ment in Dece mb er 20 11 . Thi s is a furth er upd ate to the ag re ement to enco mpass current iss ues a nd proj ec ts. Th e North Fl orida Utility Coordin ati on Group (N FUCG) is co mp osed of eig ht utiliti es in No rth eas t Florid a. To ge ther, we se rve ove r a milli on peop le: J F:A Cit y of Atl anti c Beach Cit y of Ne ptun e Beach Cit y of Jac kso nvill e Beach Cla y Co unt y Ut ilit y Auth o rit y Cit y of Gain es vi ll e Town o f Ora nge Park St. John s Co unt y T hese utiliti es form ed th e NFUCG in ord er to speak as one vo ice to the Wate r Ma nageme nt Di stri cts. T he group also shares th e cos t for e nginee ring and lega l as sistance to dete rmin e the most acc ur ate and reliabl e groundwat er reso urce projections an d to rev iew poli cy activities. All water utiliti es p lace protection of our water resour ces at the hi ghe st leve l. Yet water utiliti es have the add ed res ponsibilit y of pro vidin g th e mo st cos t-effec ti ve pr odu ct to our customers. AG I\NDA ITEM # 8A J ULY 14 ,20 14 In order to me et these objectives , the group hired techni ca l expe11s to wo rk with th e Water Management Distri cts on th e Water Suppl y Plan, MFLs a nd other wate r i ss ues. The NFUCG a lso engaged lega l expe rt s to adv ise us on po licy and reg ulatory issues . JEA is des ignated to administer the contracts, usin g their existing continu ing engineering and legal con tracts. Cos ts are reimbursed by th e membe r uti liti es based on propo rtional ann ual average daily Oows. Atlantic Beach's reimbursement will be 1.36% of th e tota l cost. BUDGET: The tota l annu al cost for co nsult an ts is es tim ated at $835 ,000 for FY 14 and $700,000 pe r yea r for FY 15 throug h FY 17. At lant ic Beach's reimbursement porti on wo uld equate to $11,375 for FY14, and $9,536/year over th e next 3 years. Fun ds arc ava il ab le in the Water Fund in t he Professio nal Serv ices Account No. 400-5502-533-3 100 ror th e current year and requested for th e coming years . REC OMM ENDAT IO N: Approve th e Memo ra ndum o r Ag reemen t between J EA, the C it y of At lant ic Beac h, Ci ty ofNeptune Bea ch , Cit y of Jackso nvill e Beach , Clay Co unty Util ity Aut hority, C ity of Ga in esv ill e, Town of Orange Park and St. John s Cou nty to Assess Groundwater Reso urce S ustainability in No rth east Flor ida and a uth ori ze th e Cit y Manager to s ign th e Agreement. ATTACHMENTS : I . 2. NFUCG Sunm1ary of Activ iti es and Accomplishments Memo randum of Agreement REV IEWED BY CITY MANAGER:_/1._.:.....•__;~:.._~=>o<::...::;;....;..._~-~---'-· -------- 2 North Florida Utilities Coordination Group Summary of Activities and Accomplishments as of June 2014 Rulemaking Participation AGENDA ITEM# 8A JULY 14, 2014 • Participated in several Rule-Making processes, including the statewide Consumptive Use Permit Consistency Rule (CUPCON), which was passed by SJRWMD Board on 6/10/14. Educational Assistance • We educated stakeholders and both Water Management Districts on utility concerns, such as the need for long range planning to fund major capital projects-and the need for certainty with regard to the sustainable availability of water for our customers. SJRWMD Water Supply Plan • Policy review and technical analysis regarding the proposed Water Supply Plan that includes the entire Northeast Florida Region as a Water Resource Caution Area. Minimum Flows and Levels (MFLs) • Clay/Putnam County MFLs-We participated in numerous Technical Group, Modeling Group, Implementation Workgroup and Stakeholder committee meetings. Our engineers provided technical and modeling work to: o Demonstrate the importance of long-term climatic cycles on water levels and MFLs o Provide more scientifically defensible MFLs o Develop low cost, feasible solutions • Lower Santa Fe and ltchetucknee Rivers MFLs-Concurrently, NFUCG and our consultants have been working with the Suwannee River Water Management District (SWRMD) along with SJRWMD and the Department of Environmental Protection (DEP) on MFLs for the Lower Santa Fe River and ltchetucknee Rivers and other springs. Similar to our work with the Clay/Putnam MFLs, we have participated in numerous meetings, conducted engineering work and provided information and presentations. o NFUCG hired a consultant to conduct an MFL Economic Analysis of SRWMD's proposed prevention/recovery strategy. o We provided critical review of the Lower Santa Fe River MFLs and helped DEP develop a feasible Recovery Strategy, with estimated compliance costs o Quantified the benefits of Public Supply conservation in North Florida • North Florida Regional Supply Partnership-provided engineering, technical and legal services related to a joint Groundwater Flow Model for the two Water Management Districts. Included work on MFL Prevention/Recovery Strategy. AGENDA ITEM # SA JULY 14,2014 • North Florida/Southeast Georgia Model Development-we helped charter the next generation groundwater model for North Florida and Southeast Georgia. We provided technical review on models showing the effect of withdrawals from the Floridan Aquifer in Southeast Georgia, which impact the North Florida region. Looking Ahead 2015 through 2017 The NFUCG will continue to work with the two Water Management Districts technically as well as providing policy and legal review of potential regulations. Some of the planned items include: • Reevaluation of the Clay-Putnam MFLs and Prevention Plan • Completion of the North Florida Southeast Georgia Groundwater Model • Technical work on the North Florida Regional Water Supply Partnership Water Supply Plan o Demand Projections o Water Resources Assessment o Strategies and Project Evaluations o Apportionment • Technical review of SRWMD's Union/Bradford County Lake MFLs • Reevaluation of Lower Santa Fe River MFL and Recovery Strategy • Springs and Outstanding Florida Water Legislation-technical and legal reviews 2 MEMORANDUM OF AGREEMENT BETWEEN AGENDA ITEM# 8A JULY 14,2014 CITY OF ATLANTIC BEACH, CLAY COUNTY UTILITY AUTHORITY, CITY OF GAINESVILLE, CITY OF JACKSONVILLE BEACH, JEA, CITY OF NEPTUNE BEACH, TOWN OF ORANGE PARK, AND ST. JOHNS COUNTY TO ASSESS GROUNDWATER RESOURCE SUSTAINABILITY IN NORTHEAST FLORIDA WHEREAS, the St. Johns River Water Management District (SJRWMD) and the Suwannee River Water Management District (SRWMD) are undertaking and continuing water supply planning processes using growth projections, groundwater and resource impact models, and other technical tools that will affect local governments and utilities throughout the region and specifically developing MFL Prevention and Recovery Plans that local govemments and utilities may be a pmiicipant; and WHEREAS, the City of Atlantic Beach, Clay County Utility Authority, City of Gainesville, City of Jacksonville Beach, JEA, City of Neptune Beach, Town of Orange Park, and St. Johns County (hereinafter referred to as "OWNERS"), desire to jointly and collaboratively evaluate regional long-term sustainability of groundwater resources to meet future public water supply needs relative to the St. Johns River Water Management District's (SJRWMD) and Suwannee River Water Management District's (SRWMD) water supply planning processes; and WHEREAS, the OWNERS support protecting and sustaining the natural systems and groundwater resources; and WHEREAS, the OWNERS have a responsibility to provide cost effective public water supply alternatives; and WHEREAS, it is more efficient for the OWNERS to cost share in this effmi and to avoid duplication of effort; and WHEREAS, the OWNERS need to engage engineering consultants and legal suppmi services and desire to designate JEA to administer these contracts; and WHEREAS, pursuant to Section 21.04(t) of the City of Jacksonville Charter, JEA is authorized to provide the services described herein; and WHEREAS, the OWNERS have agreed to enter into this agreement (the "Agreement") for the purpose of setting forth the terms and conditions which will govern their mutual obligations in furtherance of the foregoing Recitals; and WHEREAS, the OWNERS, and the City of Green Cove Springs had previously entered into that certain Memorandum of Agreement Between City of Atlantic Beach, Clay County Utility Authority, City of Gainesville, City of Green Cove Springs, City of Jacksonville Beach, JEA, City of Neptune Beach, Town of Orange Park, and St. Johns County to Assess Groundwater Resource Sustainability in Northeast Florida (the "2011 MOA"). The 2011 MOA Page 1 of14 AGENDA ITEM# SA JULY 14, 2014 was to terminate on September 30, 2014. Upon execution of this Agreement the 2011 MOA shall terminate as of the Effective Date of this Agreement and the parties shall be bound only by this Agreement and not the 2011 MOA. NOW, THEREFORE, the OWNERS and JEA agree as follows: 1. The foregoing Recitals are true and correct and are incorporated herein by this reference to the same. 2. Services. JEA hereby agrees to administer consultant and legal services contracts for the OWNERS as described in the Scope of Services (the "Scopes"), which will be attached as consultant Exhibit A hereto, after being approved and finalized by JEA and all OWNERS, and which shall become a part hereof when attached hereto. The OWNERS and JEA understand that Exhibit A may be modified and/or additional Scopes may be added at a future date, in accordance with the provisions set forth in paragraphs 4, 6 and 8 herein. In the role of administrator ofthe consultant and legal contracts, JEA will (1) act as the primary contact for the contracts, (2) will relay the prioritization of tasks as set by the OWNERS, (3) coordinate progress meetings and other activities relating to project status and (4) pay the invoices submitted by the consultants, subject to the reimbursement of the costs by the other OWNERS, in the percentages as set forth in paragraph 6 herein. 3. Limitations. Prioritization of tasks included in the Scopes and overall direction to consultant and legal service providers will be dete1mined jointly by the OWNERS. Decisions will require at least 5/8 (0.625) majority vote of the OWNERS before JEA directs consultants accordingly. Each OWNER will have one vote. JEA will coordinate regular progress meetings for conference calls and meetings with consultant and legal service providers to provide OWNERS with project status updates and obtain OWNER votes, as needed. 4. Costs. OWNERS shall be limited to an overall, combined total cost not to exceed $2,935,000 over the term of this Agreement (the "Total Costs Amount"). These costs are anticipated to be incurred at approximately $835,000 for Fiscal Year 2014 and $700,000 per year for the following full three (3) years of the Agreement (Fiscal Years 2015, 2016 and 2017). Exhibit A contains a draft scope of services for these activities. This scope will be updated and adjusted as needed by the committee. Decisions to add additional services within the Scopes, but subject to and limited by the Total Costs Amount, will require at least a majority vote of the OWNERS. The addition of Scopes above the Total Costs Amount will require written modification of this Agreement and the approval of the OWNERS by at least a 5/8 (0.625) majority vote. In the event that additional Scopes above the Total Costs Amount are so approved, any dissenting OWNER may elect to withdraw from this Agreement in accordance with the requirements of paragraph 1 0 hereof. 5. Effective Date. The Effective Date of this Agreement shall be July 11,2014. 6. Reimbursement of Expenses. OWNERS will reimburse JEA on up to a monthly basis and within 30 days of invoicing by JEA in consideration of this Agreement based on actual costs incurred during the preceding period. Costs to each OWNER will be paid proportionally to Page 2 of 14 AGENDA ITEM# 8A JULY 14,2014 each utility's 2012/2013 total annual average daily flow for the duration of this Agreement, as follows: Table 1: Revised Total FY 2014 Cost 2012-2013 Reimbursement Total FY2014 Owner AADF {MGD) {%) Cost City of Atlantic Beach 2.08 1.36 $ 11,375.53 Clay County Utility Authority 10.91 7.15 $ 59,708.50 City of Gainesville 22.45 14.72 $ 122,880.60 City of Jacksonville Beach 2.39 1.57 $ 13,072.47 JEA 101.87 66.77 $ 557,518.37 City of Neptune Beach 0.91 0.59 $ 4,953.85 Town of Orange Park 0.90 0.59 $ 4,910.22 St. Johns County 11.07 7.26 $ 60,580.47 Total 152.57 100 $ 835,000 Note: FY14 total cost includes $500,000 from 2011 MOA + $335,000 from this modification Table 2: Total FY 2015-FY 2017 Cost 2012-2013 Reimbursement Owner AADF {MGD) {%) Annual Cost City of Atlantic Beach 2.08 1.36 $ 9,536.37 Clay County Utility Authority 10.91 7.15 $ 50,055.03 City of Gainesville 22.45 14.72 $ 103,013.67 City of Jacksonville Beach 2.39 1.57 $ 10,958.96 JEA 101.87 66.77 $ 467,380.67 City of Neptune Beach 0.91 0.59 $ 4,152.93 Town of Orange Park 0.90 0.59 $ 4,116.35 St. Johns County 11.07 7.26 $ 50,786.02 Total 152.57 100 $ 700,000 Table 3: Total Cost FY2015 -FY2017 Owner FY2014 Cost Cost Total Cost City of Atlantic Beach $ 11,375.53 $ 28,609.11 $ 39,984.64 Clay County Utility Authority $ 59,708.50 $ 150,165.09 $ 209,873.58 City of Gainesville $ 122,880.60 $ 309,041.02 $ 431,921.62 City of Jacksonville Beach $ 13,072.47 $ 32,876.87 $ 45,949.33 JEA $ 557,518.37 $ 1,402,142.01 $ 1,959,660.39 City of Neptune Beach $ 4,953.85 $ 12,458.78 $ 17,412.63 Town of Orange Park $ 4,910.22 $ 12,349.05 $ 17,259.26 St. Johns County $ 60,580.47 $ 152,358.07 $ 212,938.54 Total $ 835,000 $ 2,100,000 $ 2,935,000 Page 3 of 14 Total FY2015- FY2017 Cost $ 28,609.11 $ 150,165.09 $ 309,041.02 $ 32,876.87 $ 1,402,142.01 $ 12,458.78 $ 12,349.05 $ 152,358.07 $ 2,100,000 AG ENDA ITEM II SA JULY I ll , 20 14 JEA will no t charge OWNER S any additi ona l fees fo r co ntract adminis trati o n. If any OWNER fa il s to re imbu rse JEA for its perce nta ge sha re, interes t s hall be assessed at the rate of 8% per year. rfa n OWN ER fail s to pay it s pe rcen tage share fo r two (2) co nsec ut ive mont hs, thi s MOA shall be vo id as betwee n J EA and such Defa ultin g OWN ER. Defa ulti ng OWNER shall th erea ft e r cease to be a part of t he OWN E RS gro up , and shall not be e ntitl ed t o atte n d any meetin gs , have any vo te on matters, and obt ain any informati on o r report s prepar ed by co nsult a nts. Th e Defa ultin g O WN ER s hall con tinu e to be li ab le to J EA fo r pay ment o f it s perce ntage share o f th e costs in c ur re d, p lu s accru ed interest. If an OW NE R cl efa ull s or sep a rates from the g roup in acco rd ance with paragraph 10, J EA sh a ll re-a ll ocate th e re imbursement percent ages set fo rth above, and eac h O WNE R sha ll th ereafte r be responsibl e for the r evised percent age o r th e fees. l n li eu o f cos t reim burse ment, JEA may all ow OWN ERS to prov id e in-kin d ser vices, on a case- by-case bas is, a nd as un an im ous ly ag ree d by OWNE RS when sa id in-k ind serv ices have or will direc tl y s upp ort and offset cos ts of the Scopes within th e limit ati ons of th e To ta l Cos ts A mo unt in parag raph 4 above and any appr oved ad dit io nal se rvices . 7. Notification. Co rr es po ndence to J EA, project ad ministr ation qu es ti ons , a nd pay ment, as we ll as any ot her no tice, sha ll be di rec ted as fo ll ows: Paul Ste in brecher, PE JE A 2 1 W. C hurch St. T-8 Jackso nville , f lo rid a 322 02 (904) 665-5653 s tei pk @ jea .com No tices to a nd fr om th e o th er OWN ERS and vo ti ng s hall be made by th e foll ow in g indi viduals, o r a des ignee o f eac h res pec ti ve OWN ER, at th e addres ses show n: Donn a Kalu zniak Utilit y Directo r C it y o r At lanti c Beach 902 Ass is i Lane Atl anti c Beac h, Fl orid a 32233 (9 04 ) 270-2535 <.lka l u~.:niak(@.coab.u s Tom Morri s Exec uti ve Director Clay Co unt y Utility Aut hor ity 3 176 O ld .Jennin gs Roa d Middl eburg, Florid a 32068 (904) 272-5999 tm orr is@c lavut ilitv.o rg Ma rk F. Gree nwoo d Plants Di vis ion Supe rv isor City of Ne ptune Beach 201 0 Fores t A ve nu e Nep tun e Beach, Florid a 32266(9 04 ) 270- 2423 mgrcenwooct@nent un e-bea ch.com Chuck Pav lo s Publi c Work s Dir ec tor Tow n of Orange Park 2042 Park A ve nu e Ora nge Pa rk , Flori da 32 073 (904) 264 -7 411 cpav los @tow non .com Page 4 of 14 TyEdwards Public Works Dire ctor City of Jac ksonv ill e Beach 1460A Shetter A ve nu e Jackso nville Beac h, Florida 32250 (904) 24 7-62 19 tedwardsl@ iax bc hn .nct Ronald Herget Assistant General Manager, Water/Wastewate r Systems Cit y of Ga in esv ille 301 SE 4th Avenue Ga ine sv ille, Florida 3260 I (904) 393-16 12 hern.e trg@g ru .co m Bill Young Uti li ty Di rec tor St. Johns Cou nty 1205 SR 16 St. Aug ustin e, F lo ri da 32084 (904) 209-2700 bvo un g@.s ictl.us AGENDA ITEM 1/ Rt\ JUL Y 14 ,20 14 8. Mo dific at ion. T hi s Agreement may be mod i lied only upon mutua l, written agree men t signed by a ll of t he OWNERS. 9. A dditionnl Parties as OWNERS. OWNERS may be added to th e Agreemen t in the future. Dec is ions to add addit ional OWNERS will require at least a 5/8 (0 .625) majority vote of the OWNERS. If an OWNER is added, JEA shall re-a llo ca te th e reimbursement pe rcentages se t forth in pa rag rap h 6 above, an d each OWNER sha ll thereafte r be respons i ble for th e rev ised perce nt age of th e fees. OWNERS may a lso agree to a ll ow part icipation of other entiti es in thi s co ll abo rative effort with out becoming an OWNER and at no cos t, but onl y afte r unanim ous agree men t by OWNERS. 10. Separation. Any OWNER may with draw fr om thi s Agreeme nt before term ination by giving not less than 30 days' written notice to all OWNERS. In the event of withdrawa l, the wi thdraw in g OWNER shall be respo ns ible for it s share or a ll services up to the date of termin ation p lus its re maining sha re of active pha se(s) of work bein g pe rformed und e r the Scopes. Payment in f-u ll for th e rema in ing balance sha ll be du e within thirty (30) da ys of separa tion . The withdrawing OWNER will not be respons ib le for cos ts assoc iated with any ph ases of th e Scopes not ye t s tart ed and future cos ts for p hases not ye t started will be red istri buted among th e remaini ng OWNERS wit hin th e limita ti ons of th e Annual Cost and To tal Cost Amou nt OWNER a llo cati on described above. 11. Exec ut ion. Thi s Agreement may be executed in multip le counterpart s, each of which shal l be co nsi dered an origina l documen t for a ll purposes . 12. Term ination. T hi s Ag ree ment s ha ll tennin ate on Septe mb er 3 0, 20 17 or upo n the co mple ti o n of the Scopes, wh ichever s ha ll fir st occu r, unl ess terminated earli er by th e procedures set for th herein. In the event of te rmination before comp letion of the Scopes, the OWNERS sh all be respo nsible for the ir re spec ti ve shares of se rvices performed to th e date of termin ation , and no compensation prev iously paid fo r services pe rformed in acco rdance with thi s Agreement sha ll be refund able by JEA. Page 5 of 14 Signature Pages Follow: AGREED TO on this 11th day of July, 2014 AGENDA ITEM# SA JULY 14,2014 Memorandum of Agreement to assess groundwater resource sustainability in Northeast Florida Page 6 of 14 DATE: CITY OF ATLANTIC BEACH Nelson VanLiere City Manager City of Atlantic Beach 800 Seminole Rd. Atlantic Beach, Florida 32233 Page 7 of 14 AGENDA ITEM# 8A JULY 14, 2014 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA JTEM: PL/\T-14-00100012 (Atlantic Beach Country Club) SUBMITTED BY: Jeremy Hub sch Bu.ilding and Zo ning Director DATE: Jun e 12,20 14 STRATEGIC PLAN LINK: None AGENDA ITEM II 88 JULY 14 .20111 BACKGROUND: The Atlantic Beach Country Cl ub Spec ial Planned Area was approved by the city in 2013 . Construction has a lready commenced o n th e new clubhouse portion of the development The developers a re now seeki ng to begin construction on the residential compo nent of the proj ect. They a r e now seeking to Plat Unit 1 of the project, which includes 17 homes a t the sou th east ern portion of the development. The Plat Map submitted to the city matches the approved Special Planned Area Master Development Plan Map and SPA Text. City staff in the Public Works, Uti liti es, and Building and Zoning Departments have reviewed t he proposed plat and have no outstanding issues. The city's La nd Deve lopment Regu latio ns require that p lats go before the Comm unity Development Board for a r eco mmendation, and then to the City Commiss ion for final approval. This ite m is sch edu led for the june 17th Community Deve lopmen t Board meeting, which is after the writing of t hi s staff report. Staff wi ll inform the comm ission of the Community Development Board's reco mmendati o n at the june 23 rd workshop. BUDGET: RECOMMENDATION: sub mitted. ATTACHMENTS: Developmenl. None. Approval of Plat 14-001 000 12 (At lanti c Beach Cou ntry Club) as Copy of Proposed Unit I Plat fo r the Atlantic Beach Country Club . REVIEWED BY CITY MANAGER: _-zt_£_.:...::•....:.~-..!~=~dG~~=><:...!.,j£f£__ ________ _ ATLANTIC BEACH COUNTRY CLUB UNIT 1 PLAT BOOK ___ PAG£ ____ -l CAPnCfl N.Ar -;c-.r"IIJ "'l' .. 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Layton, P .E., Director of Public Works June 16, 2014 BACKGROUND: In 201 1, the City awarded contingency contracts for Disaster Debris Removal Services to Byrd Brothers as primary contractor and to Ash Britt, In c . as secondary contractor. The origina l contract was for three years and allowed for one renewal not t o exceed three years, with allowance to annually adjust bid prices at the Contractor's request by a percentage up to the Consumer Price Ind ex-Urban Consumers (CPI-U). Neither contractor has requested price adjustments . During this past year, Byrd Brothers assets and contracts are being transferred to Ceres Environmental Services, Inc. The bid required the successful bidder to begin initial clearance of storm-related debris from critical roadways identified by the City of Atlantic Beach within twenty-four (24) hours of receipt of notice to proceed . BUDGET: This is a Pre-Event I Contingency contract and would be executed on an emergency I as needed basis. No funds are appropriated in advance for disaster deb ris cleanup. RECOMMENDATION: Staff recommends approval of a three year extension for both contingency contracts awa rding the primary contract to Ceres Environmental Services, with AshBritt as backup and authorizing the City Manger to sign the contract extens ions and the con tract transfer agreement for the City. ATTACHMENT: (1) Contract Transfer Agreement .. REVIEWED BY C ITY MANAGER: '::71 t/ (kn d<?<.f Assignment of Individual Contract FOR VALUE RECEIVED, Byrd Brothers Emergency Services, L.L.C. ("Byrd") hereby assigns and otherwise transfers ("assigns") to Ceres Environmental Services, Inc. ("Ceres") all rights, title and interest held by Byrd in and to the contract described as follows: Conb·act dated May 12, 2014, between Byrd Brothers Emergency Services, L.L.C. and Ceres Environmental Services, Inc. and concerning the City of Atlantic Beach, Florida. Byrd warrants and represents that said contract is in full force and effect and is fully assignable. Byrd further warrants that it has the full right and authority to transfer said contract and that contract rights herein transferred are free of lien, encumbrance or adverse claim. Said contract has not been modified and remains on the terms contained therein. Ceres hereby assumes and agrees to perform all remaining and obligations of Byrd under the contract and agrees to indemnify and hold Byrd hamJ!ess from any claim or demand resulting from non.perfomJance by Ceres. Ceres shall be entitled to all monies remaining to be paid under the contract, which rights are also assigned hereunder. This Assignment shall become effective as of the date last executed and shall be binding upon and inure to the benefit of the parties, their successors and assigns. Dated: .:;;: ~ fl ~ f Lj Dated: {= )]~ /'( Consent of Contract Owner I hereby consent to this Assignment of Contract affirming that no modification of the contract is made or intended, except that Ceres is now and hereafter substituted for Byrd. Dated: ______ _ Signature Name of Contract Owner Page II AGENDA ITEM# 8C JULY 14,2014 AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 90-0ay Cale nd ar for the Mayor and Commission AGENDA ITEM 1/9/\ JULY 14,20 14 Yvonne Calver ley, Executive Assistant to the City Manag1C-- Junc 16, 2014 STRATEGIC PLAN LINK: None BACKGROUND: The 90-day ca lendar is included on the agenda for the purpose of setting meeting dates, determinjng the location, time and whether or not to videotape specia l meetings and workshops if the Commission desires. The rolling 90-day calendar wi ll be revised after receiving input from City staff and the Commission and will be included in each agenda for consideration. Special note: • Budget Workshops hav e been scheduled for the following dates: Wednesday, Augu st 13th -Spm Wednesday, August 20th-5pm BUDGET: None RECOMMENDATION: Approve the 90-0ay Calendar for July through September ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (July tlu·ough September) CITYMANAGER: -?f.t/~.../a-v July 2014 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 * 4th of July City Offices Closed 6 7 8 9 10 11 12 Newsletter Due (Mayor) 13 14 15 16 17 18 19 Commission Mtg 6:30 pm-Chamber Due Date for Town Hall Meeting (Invoc-Mark) Agenda Items Jordan Park (Videotaped) 10 am (Not videotaped) 20 21 22 23 24 25 26 27 28 29 30 31 Commission Workshop 6:30 pm-Chamber (Videotaped) August 2014 August 2014 SUNDAY MONDAY TUESDAY WEDNESDAY 3 4 5 6 10 11 12 13 Commi ssion Mtg 6:30 pm-Chamb er Budget Workshop (Invoc -Hill) 5 pm -Chamber (Videotaped) (Videotaped) 17 18 19 20 Budget Workshop 5 pm -Chamber (V ideotaped) 24 25 Commission 26 27 Workshop 6:30 pm -Chamber (Videotaped) 31 THURSDAY 7 14 21 28 FRIDAY 1 8 Newsletter D ue (Mayor) 15 Due Date for Agenda Items 22 29 SATURDAY ·. ';. -. .__. 2 9 16 23 30 ;J> 0 ...... tTl cz r-o -<;:t. -~ =i rvt'Il :::~ -"":;t \0 ;J> September 2014 ' SUNDAY MONDAY TUESDAY · WEDNESDAY THURSDAY FRIDAY ·:s.ATCURDAY ~.._: ' --.. -' -. -. --~-~ ".:;. ...... --. . .._.._ -~ ... -· .. -~ 1 2 3 4 5 6 Labor Day City Offices Closed 7 8 9 10 11 12 13 I Commission Mtg 6:30pm Newsletter Due Due Date for (Invoc -Daugherty) (Mayor) Agenda Items (Videotaped) 14 15 16 17 18 1 19 20 NEFLC Dinner (Palatka) 21 22 23 24 25 26 27 Commission Workshop 6:30pm (Videotaped) 28 29 30