7-14-14 AMENDED agenda packetCall to order
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
July 14, 2014-6:30PM
AMENDED AGENDA
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 of the Special Called Meeting of May 27, 2014.
Approve the minutes of the 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. Aclmowledge receipt of the Building Department Monthly Activity Report.
B. Award the contract for concrete repairs for the Public Works/Utilities Depmiment to
Gruhn May Inc.
5. Committee Reports
None.
6. Action on Resolutions
*Amended 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
**Postponed
to 7/28/14
**Postponed
to 7/28/14
A. ORDINzA_..NCE NO. 80 14 85, Public Hearing and Final Reading
AN ORDINA .. NCE l.rMENDil'l"G CHAPTER 22 UTILITIES, CREATil'l"G ARTICLE V,
RECLAIMED \Vf.rTER SYSTEM, ADDil'l"G SECTION 22 365 CHARGES FOR
RECLAIMED \VATER SERVICE, PROVIDING FOR AN EFFECTIVE DATE.
B. ORDINANCE NO. 80 14 8(), Public Hearing and Final Reading
AN ORDINANCE AfV-IENDING CHAPTER 22 UTILITIES, f.rR:riCLE II, AMENDING
SECTION 22 30, PRIVATE FIRE PROTECTION SERVICE TO PROVIDE METHOD
1
**Postponed
to 7/28/14
D.
E.
F.
*Amended G.
*Amended H.
OF MONITORll'l"G FIRE LINE USAGE; TO PROVIDE FOR SEVERf.cBILITY; TO
PROVIDE FOR A.N EFFECTIVE DATE.
C. ORDINzA..NCE NO. 20 14 127, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERi\TING BUDGET FOR THE CITY OF
ATL} .. NTIC BEACH, FLORIDA FOR FISCAL YEl.cR BEGINNING OCTOBER 1, 2013
AJ'ID ENDING SEPTEMBER 30,2014, f.cND PROVIDING f.cN EFFECTIVE DATE.
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.
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.
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.
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.
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, TO
2
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.
This agenda was amended on 7/3/14.
*
**
Items 6A, 7G and 7H have been amended to reflect changes discussed at the Workshop on June 23, 2014.
Items 7A, 7B and 7C have been postponed to a Special Called Meeting scheduled for July 28, 2014 at
6:30pm in order to meet Public Hearing Notice Requirements.
3
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 __ !==-j_ ~9,550~: 1---$4~0:~~;-1 --~-1~3 _2~~--~ -=-r i 1.771.920.00 i $ g~:~~:~~ ·---~----~~~
---·-·--r-934 --1092 I T-·--4,579,4.64.0-0-. -$-3,442,550.00 ----------------
~-~--------~---
~-----TOTAL 1073 1315 ~ 7,060,934.0~-$1~!761,251.00 ___ 2146 ~~~~ 1952 ___ ~
PERMITS ISSUED FOR THE MONTH OF MAY 2014
NO.PERMITS PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED
~~!~~~t~~l~~LTI .: J .. . ~ : 5,264.~0 t ~ H .--~--~-1,807!100.~0 ELECTRICAL 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_' ____ ~--~---~-!07,654.0Q_ MISC. _ _ __ 17 ~~:~~:~i~~~~~~I~NS p--!--___l_~o ___ : 449~£ ·--~
ELECTRICAL ~~~ ~~ ~-~-29 ~ -~ . $ ~ 2,825:00 $ ~---~-~--, Projects to Note: New Duplex
MECHANICAL GAS c_~~ _~ ~~-__ 6 __::____ r $ :::-~---~~ --60S.OO ---~~~ -----$ ~~~700.00 _None ~~~ -__j_ ___ ~
~Ei~~VA~-~t_-t . t=-==-J;~if -1~-u-~ ~~~~~~~~~·; :=0:0
~~~~fiE~~:~,o~ -~~--~L_---~~--=--1i~~-==~-:~~~~:~~~:~~~ .~ :~:~~~:~~
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-~---~-. $--~~---=~=---2Y,4oo.oo ;199SF~ancisAve l$ -•~~-_ 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 1
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
ST A1FF REPORT
AGEN DA ITE M II 4 13
JULY 14.20 14
AGENDA ITEM: Concrete Repairs for the Pub li c Works/Utilities Department
SUBMITTED BY: Doug~i:L on, P.E.,)3ubli c Works Director .z.v_.. ~'~ (
DATE: June 13, 014
STRATEGIC PLAN LINK: None-annu:a l contract.
BACKGROUND: Bid number 1314-0EI was opened on March 6, 2014 at 3 :00PM.
There were three bidders . IBid award criteria was based on the lowest total
of items 1 thru 18.
Bidders C .A .P . Contracting, Gruhn May, In c 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 Concnete Services sent an email stating they were
closing their business. On June 12 , 2014, we received a letter from C .A .P .Contracting
In c. withdrawing their bid, stating that the:ir 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 basetd on a larger vo lum e 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 co11tract for concrete repairs for the Public
Works/UtilitieB 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. Tota l
funds allocate1d in the current year budget are $74,000 .
Bid Tabulation Sheet and Letters
REVIEWED BY CITY MANAGER: /'If. t/"~2~ ~~~=====------------------
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 Entij:y 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
RE: BID 1314-08 ANNUAL CONTRACT FOR CONCRETE REPAIRS
Gentlemen,
AGENDA ITEM# 4B
JULY 14,2014
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 /)~
Peg~yVJ
Project
CITY OF ATLANTIC BEACH
CITY COMMISSION MEE TING
STAFF REPORT
AM END GO AGI:.'N DA ITEM 1/M
JtJI Y Iii , 20 14
AGENDA ITEM: Atlantic Beach Country Clu b Wooden Bridge Maintenance and Hold
Harmless Agreement and Resolution No. 14-06 authori zin g t h e City
Manager to si gn the agree m ent and any related docu m en ts.
SUBMITTED BY: Ri ck Carper, P.E ., Public Works Director
DATE: May 12,2014
STRATEGIC PLAN LINK : Non e.
BACI<GROUND: As part ofth e residential development for t he new At l anti c Beach Cou ntry
Cl ub, the Developer, Atlantic Beac h Partn ers, proposed constructing a wood e n bridge to
connect the east (C ountry Club) and west (residen tial) sid es of Sherman Cr eek. This
wooden bridge is a high end, structu r al bridge designed for full H20 (34,000 lb) truck
loading. Because the Ci ty of Atlantic Beach does not h ave bridge maintenance ca p ability,
as part of the Building Permit approva l process, St aff r eq u ested the Developer enter into a
p erpetu al maintenance agreement w ith the City. As part of t his agreement, the Dev eloper
(initially) and the Co untry Club wi ll be r es pon sibl e for r o utine in spect io ns and maintenance
t o ens ure bridge i s m a intained t o its design life. Add ition all y, Section 9 of the agreement
conta ins ind emnification l ang u age that holds the City h arml ess for acc id ents or events
r es ulting from the Developer's fai lure to maintain t he bridge in safe and satisfactory
cond ition .
BUDGET: There is no bud get im pact t o this agreement.
RECOMM ENDATION : Approve Resolution No . 14-06 aut hor izin g the City Manager to sig n t h e
attached ag r eement and any related documents.
AlTACHMENT: 1) Maintenance and Hold Harmless Agreement ABCC Bridge -Final Draft
2) Resolution No. 14-06
REVIEWED BY CITY MANAGER : --:7,1. y ~ t7ce.v
RESOLUTION NO. 14-06
AMENDED 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 N.VUNTENANCE 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 Shennan'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 Shennan'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
AMENDED AGENDA ITEM # 6A
JULY 14,2014
THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into by and between
City of Atlantic Beach, Florida ("City") and 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, LLC is presently constructing a bridge crossing
("Bridge") located within the City Right of Way in the community known as Atlantic Beach Country Club as
identified in Exhibit "A" hereto ("Property");
2. The Developer desires to assume maintenance of the Bridge 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 Association, at which time the Association shall assume the
obligation 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 14-06 dated _____ , attached hereto as Exhibit "B",
authorized its officers to enter this Agreement.
NOW THEREFORE, with full knowledge and understanding of the laws governing the subject
matter of this Agreement, and in consideration of the foregoing recitals and the mutual covenants and
conditions contained in this Agreement, the parties, intending to be legally bound, acknowledge and
agree as follows:
1. RECITALS & EXHIBITS
The above recitals and attached Exhibits, if any, are specifically incorporated by reference and made part
of this Agreement.
2. EFFECTIVE DATE
The effective date of this Agreement shall be the date the last of the parties to be charged executes the
Agreement ("Effective 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
The Developer shall perform its obligations under this Agreement in accordance with all applicable
federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations,
policies, procedures, guidelines, standards and permits, as the same may be constituted and amended
from time to time, 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 The Developer shall maintain the Bridge in a good and workmanlike manner, with reasonable care, in
accordance with the terms and provisions of this 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 102 of 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. Should the
City determine that any item of maintenance related to the Improvement has fallen below the desired
MA with COAB-ABP/ABCC FINAL (04-21-14) Page 1
AMENDED 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.
MA with COAB-ABP/ABCC FINAL (04-21-14) Page 2
AMENDED 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.
H. The Association shall establish in its budget a reserve account for capital expenditures and deferred
maintenance in accordance with Section 720.303(6) Florida Statutes that shall include amounts
necessary to cover the future maintenance costs of the Bridge and its eventual replacement.
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.
9.1NDEMNIFICATION
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
MA with COAB-ABP/ABCC FINAL (04-21-14) Page 3
AM BNDED A OENDA ITL:M II (,f\
JU LY 14 ,20111
Nothmg in this Agreement shall be deemed or otherwise interpreted as waiving e ither party's sovereign
immunity pr otections , or as increasing the limits of liabil ity set forth in §768.28, Florida Statutes , as the
same may be amended from time to time.
11 . NOTICE
A ll notices, communications and determinations between th e parties hereto a nd th ose r equi red by th is
Agreement, in cluding , without limitation, c hanges to th e notificat ion addresses set f orth below, shall be in
w riting and s ha ll be su ffi c ie nt if mailed by reg ular United States Mail, postage prepaid , to the parties at th e
following addresses:
City: City of Atla ntic Beach
Public Works D irector/City Engineer
City of Atlantic Beach
1200 Sandpiper Lan e
Atlantic Beach, FL 32233
PH : (904) 247-5834
F ax: (904) 247-5843
Developer; A tl a nti c Beach Partne rs, LLC
Rick W ood
The W ood Developmen t Company o f Jackso nville
414 Old H ard Road, S uite 502
Fleming Island , Florida 32003
904 264-6553 o ffi ce
904 269-2729 facsimile
904 813-5647 cellul ar
rwood@wooddev.net
A ssociation: Atlantic Beach Country Club Owners Association, Inc.
The Wood Deve lopment Company o f Jacksonville
414 Old Ha rd Road, Su ite 502
Fleming Island, Florida 32003
904 264-6553 offi ce
904 269-2729 facsimile
swood@wooddev.ne t
12. GOVERNING LAW
T his Agr eem en t shall be governed in all respect by the laws of the State of Florida .
13. INITIAL DETERMINATION OF DISPUTES
The City's Director of Pu blic W orks/Engineer shall act as the In itial a rbit er o f all questions, diFficulti es, and
dispu tes concern ing the interpretati o n, validity, performance or breach of this Agreement.
MA w ith COAB-ABP/ABCC FI NAL (04-21-14} Page4
14. VENUE AND JURISDICTION
AMENDED AGENDA ITEM# 6A
JULY 14,2014
A. Venue for any and all actions arising out of or in any way related to the interpretation, validity,
performance or breach of this Agreement that are not resolved to the mutual satisfaction of the parties
shall lie exclusively in a state court of appropriate jurisdiction in Duval County, Florida.
B. The Developer, assignees, successors and all persons and entities accepting an assignment of this
Agreement, in whole or in part, shall be deemed as having consented 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, validity, performance or breach of this Agreement.
15. JURY TRIAL
THE PARTIES HEREBY WAIVE THE RIGHT TO TRIAL 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 may not assign, pledge or transfer any of the rights, duties and obligations provided in this
Agreement without the prior written consent of either party. The City has the sole discretion and authority
to grant or deny proposed assignments, with or without 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 turns over control of the Association to its
members as provided in Section 720.307, Florida Statutes, the obligations of the Developer 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 the 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 further
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 the benefit of the parties hereto and their respective
successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits,
obligations or remedies upon any other person or entity except as expressly 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 this 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
disadvantages of this Agreement and executes this Agreement freely and voluntarily 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 the negotiation and execution of this
Agreement.
19. ENTIRE AGREEMENT
This instrument, together with the attached exhibits and documents made part hereof by reference,
contains the entire agreement of the parties and 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 agreements 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 forever waive the right to object to or otherwise challenge
the same.
MAwith COAB-ABP/ABCC FINAL (04-21-14) Page 5
21. WAIVER
AMENDED AGENDA ITEM# 6A
JULY 14,2014
The failure of either party to insist on the strict performance or compliance with any term or provision of
this Agreement on one or more occasions shall not constitute a waiver or relinquishment thereof and all
such terms and provisions shall remain in full force and effect unless waived or relinquished in writing.
22.1NTERPRETATION
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:-----------------
MA with COAB-ABP/ABCC FINAL (04-21-14) Page 6
Atlantic Beach Partners, LLC Attest:
AMENDED 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"
(City of Atlantic Beach)
PROPERTY LOCATION
MAwith COAB-ABP/ABCC FINAL (04-21-14)
AMENDED AGENDA ITEM # 6A
JULY 14,2014
Page 8
ATLANTIC BEACH COUNTRY CLUB
Timber Vehicular and Pedestrian BridnA -: ~.., &• • ...._ . , . . ;ij
5-Ton Loading (L/500 Deflection}
HS20/44 (L/500 Deflection}
cedar
I'J:illj.p~
Meodowbroolc ~"cedi Moe.,
.. .,r-.
N.ovo;o~re
..,_ GO.oam a.-., COD-
&"""'""""
THE PREJ\JIER TIMBER BRIOGE COMPAN\
~ m z
0
c:§
r> -<a -m -"Z • 0 ~>
::i::::: rr: s::
'10;
a->
!' ......... ...
~ ... ~·--·····~~--·.~·-····· .. 1
. • i
.o; .. ...,· ~ • ~-·•
ru ·\-~ r' ... ';. • ":! ..
• } ~~ J f
~ , J
\ I'{
I
I Eleh ib ll A I
I
§
\ -· ~
·JCTR
HAN':liCAP RAJ
N». STAN!lAR
> ~
:-:1 z
0
'-m cO r> -<o -m
,A Z
>.)0
~>
a~
::i s::
"" 0. >
AMENDED AGENDA ITEM# 6A
JULY 14,2014
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
S1r AFF REPORT
AGENDA ITEM: Retirement Ordinance No . 58-14-38
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
AMENDING CHAPTER 2, ADMJ.NISTRA TION, ARTICLE VI,
EMPLOYEE BENEFITS, DJIVISJON 3, GENERAL EMPLOYEES'
RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF
THE CITY OF ATLANTIC DEACH; AMENDING SECTION 2-
268, DISABILITY; AMEN.DJNG SECTION 2-274, MAXIMUM
PENSION; PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY OF' PROVISIONS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH AND PROVIDlNG
AN EFFECTIVE DATE.
SUBM ITTED BY: Ne lson VanLiere, City Manager
DATE: June 13 , 20 14
AGENDA ITI~M II 711
JULY 14 .2014
BACKGROUND: 1\t the May 15 20 14 Pension Board meeting of th e General
Employees Retirement System, the pension attorney presented the proposed ordinance
referenced above that inc lude s amendments to the current ordinance to clarify language
regaJ'ding disabi lity benefits and to comply with recent changes to the internal Revenue Code
(IRC). These are mandatory amendments to ensure the continuation of the plan 's tax
qualified sta tu s. The Board approved presenting this ordinance to th e C it y Com mi ssion and
req uested a n impact study be performed by th e Board 's actuary, Gabriel Roede r Smith (GRS)
to determin e the cost of amending the ord inance .
As reported in the att ached Actuarial Impact Statement, authorized by the Board at the Jun e
12, 2014 meeting to be sig ned by tl1e Pension Administrator, th ese changes wou ld have no
significant cost impact to the p lan benefits.
RECOMMENDATION: Approve Ord in ance No. 58-14-38
ATTACHMENTS: Ordinance No. 58 -14-38 and Actuaria llmpact Statement
REVIEWED BY CITY MANAGER: ..--;71. t/ a.-~
Law Office s
Chris tiansen & Dehner, P .A.
bJ S:.ras<H<~ Cente r Blvd . Suire I 07 S uru ~o ta, Florida H240 • 94 1 • 3 77-2.!.00 • Fn;\ 941 ,J 77 ··HH8
1\pri l I (), 2014
Mr. Nel so n Vu n Lien:
Atl unti c lk ach Ucn(;ral Empl oyi..'cs' Retireme nt S) s tem
800 Sem i nn lc Roud
Atl antic l3cm:h, Fl . 32233-5 4 55
lh :: Cit y u l' A tl anti c l ~cac h < lc nc rul Lmplo ycd Rct in.:mcn t Sy s ll:m
lkar Ne lso n :
AGENDA ITf~M II 7D
JULY 14 .20 14
l:ncl oscd plcttsc li nd H prorosc d ord in ance <llll(;lllling th e Ci ty or A tlnnti t.: lkac h (IC il L'I'CII
l ~mpi0)1Ccs' Retirement Sys tem . I hi s onl11H111 cc a me nd s Scc tt Cll12-26~. ))i s abi lit) ,to m.ld ad dith mal
c lnrili cHt ion lan guu gc un th e t im e nll O\-\cd li)ll'<l member to :t)1 p l y liJrJ isu bi lit) hcm:lit s iltcrminatc d
by th~.: ( 'it y !'o r mcdi ~.:a l n.:a~ons. !'h is on linancc a lso allH:nds S<.:cti on 2-2 7-l, Max imum Pe nsion. to
com p ly v ith <~dditi o n n l recent c han gi..'s tn the Int e rna l Reve nue Codt (II{(') n.:I:Hin g tl > ta x quul i lh:d
pcn~i on pla ns suc h as thi s p l an. 'I hcs\! <am~.:nun wnt s l'lnrily languugi..' rcquit·~o:d by th l.' IRC and an:
lllatldHIOry ~lll1C11UillCil i S tOC il Slln.: the Cil llllllll <t li o n nl t)H.: r lan's lOX (jllttlili cd s ta tu s .
By copy o l thi s k ll ~r to th e plun ':; ,u.:tuary. (Iab ri e ! Rncdc r S mith & Compnn). I cllll
requestin g thut th ~.:y pro vi di! yuu with a lc tt c.:l' indi ca tin g that tla l:rc: is no Cl •s t ussm:ia lc d with th~..·
adoptio n or thi s ordinun cc.
Please provide.: u cop n l'th is o rd in anc-e to eac h membe r l•l"lh <.: Boa rd liu·t·c,·i<.:"' and ap prm ,II
a t I he nex t meeti ng.
SRC/dm
c nc:lusu n:
cc: .lam es Ri 11.o, with c tH.:Ios un:
Scott H Ch ri stmnsc 11
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
A GENDA IT EM II 7D
J ULY 14 .20 14
CITY O F ATLA NT I C UI~AC H GENIERAL EM PLO YEES' RETIREM ENT SYSTEM
ACTUARIAL IMPACT STATEMENT
Att ac hed proposed Ord in ance in corpo rntes lan guage necessary to up date th e Pl an w ith th e
tec hni ca l re quirements of Intern al Rev,enu c Code and in cl ud es mand atory amendm ent s to
e n s ure th e co ntinu ati on of th e Plan 's tax qualified statu s. T here is no signi ficant meas ur able
benefit cos t e ffec t to the plan.
A TUARY. Ga bri e l, Roe der, Sm ith & Company
By -2-IJ~~e
Da te: Jun e 4, 201 4
The above chang e!:l are in co mplian ce with Patrt VII , Chapt er 11 2, Florida Statutes, an d Sec ti on L4,
Arti c le X of the State Constituti on. T he Actuary was prov id ed th e info rm ati on in the pro posed
ame ndment.
PENSION BO ARD CO MMITTE E
Ry: =::7t ,?/~ £~
Da te: '/;z./;V
~ I
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Retirement Ordinance No . 58-14-39
AN ORDINANCE OF TillE CITY OF ATLANTIC BEACH,
AMENDJNG CHAPTER 2, ADMlNISTRATION, ARTICLE VI,
EMPLOYEE BENEFlTS, DIV ISION 4, POLICE OFFICERS'
RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF
THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-
307, DISABILITY; AMENDING SECTfON 2-3 1 0.4, MAXIMUM
PENSIO N; PROVfOJNG FOR CODIFICATION; PROVIDING
FOR SEVERABJLfTY OF' PROVI SIONS; REPEALING ALL
ORDINANCES lN CONFL:ICT HEREWITH AND PJlOVIDING
AN EFFECTIVE DATE.
SUBMITTED BY : Nelson VanLiere , City Manager
DATE: June 13 , 20 14
t\OI:.NDJ\ ITEM II 7f~
JIJI Y 14 .2014
BACKGROUND: At the May 15, 20l4 Pension Board meeting of the Po lice
Officers' Re tirement Sys tem, the pension attorney presented lhe propo sed ord inance
referenced above that includes amendments to the cunent ordinance to clarify language
rega rding disability benefits and to com jply with recen t changes to the Inte rn al Revenue Code
(IRC). These are mandatory amendments to ensure the continuation of the plan's tax
qual ified status. The Board approved present in g thi s ordinance to t he City Comm ission and
reque sted an impact study be performed by the Boa rd 's actuary , Gabrie l Roede r Smith (G RS)
to determine the cos t of amending the ordinance.
As reported in the attached Actuarial Impact Statement, authorized by the Board at the Jun e
12 , 20 14 mee ting to be s igned by the Pension Adm ini s trator, the se changes would hav e no
s ignificant cost imp act to the plan benefi ts.
RECOMMENDATION: Approve Ordinance No . 58-[4-39
ATTACHMENTS: Ord immce No. 58-l4-39 and Actuarial Impact Statement .
REVIEWED BY CITY MANAG.ER:. -:2t t/t.2==1:7 d.lb<.t
Law Office s
Christiansen & Dehner, P .A.
6 3 S .1m1>ot a Cc nc cr Bl vd . Suilc I 07 S,ua~ola, Flori dn 14 HO • lJ41 · 377 -220l) • 1•,,,., 94 J. 177 ··HHH
pr il 1(>, ~0 14
Mr. Ne bon Van Lic.:rc
1\tl anti c lknch Po lice O ffi cers' Rc ti n.:mc nl Systclll
RO O Sl!minul c Roa d
Ar lnnti c 13 cuch , FL 12233 -5455
Re: C ity or A tlt1111i ~o: lkal:h Pol i l.:l' Onit:ns' l{etin.:ment Sys r ~.:m
Dear Nd son :
t\GENDt\ I TEM II 7l~
JULY 14 ,2014
Enclosed pleas\.: lin d a proru~~:d ordinance a mend ing the ('i t ~ or Atlan tic lkach 11 \llirl..'
Ol'fic~.:r s ' Rc tin.:ml.!lll Syste m. I h i s o rd ina ncl' :1mcnds Section 2 -307 . Disability. to add additional
duri li<.:a l in n l:m g uH gc on th e tim <.: al l owed for n m~.:m bcr to 1-1pp l y I 'o r di :m hi I i ty bt·ndi Is i I' tc 1·mi II < li ed
by 1hc City I'm medi ca l reaso ns. Thi s nrdinancc al so a mends Sec ti on 2·1 1 0.4. Mu:o:i mum PL"n -:ion.
to co m pl y w i th aJditi onu l r~,;cc.:nt c ha nges to the l ntcrna l Re venue Cod t..: (II{(') rclati ng.tn Ill \ qual i lieu
p e n~iu n plnns such as thi s p iHn . I hc:-;c un1c ndmcnt s cl arify lnngua gc l'l..'lllli rcd h) th e I IU ' and Hl't'
lllllntbto ry am ~.:ndrn cn l s to en sure th e co ntinuution u l' thl.' pl nn's tax qual i lkd s t a !ll ~.
13) co py or th i s l c llc r t o th l.' pl<m '•; ,lelliU1')1, CiHbf'il.'l ){OI..'th.:r Slll i th & Compan y. I IIIII
rctiUC~ting th ut tl wy pro vi uc you \\'ilh a lctl\:r ind i cati ng that th ere is nu cost ussocia tcu "it h the
ado pti o n or t his o rd inance .
Jlk asc pr ov ide a co py or thi s ord i nun c~ to cuc h me mb e r o I' th e n ounl f or review "nd uppr\wH I
attlw nc 1 mee tin g.
SRC/drn
cnclosul'l'
ec : .f ume s I ~ iu n. \Vi lh c nc l os uri.'
SC <l tl It ( 'h r is ti nllsen
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
within 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;ice. 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---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
Ju ne 4, 20 14
t.;~bricl Hucdcr Smuh & C.orn p .llly
t l >ll,llh.ln!' ~ Ac !tl.u "''
Mr. Nelso n Von L icre
Pl a n Admini stra to r
City of Atlantic Beach
800 Semin o le Roa d
Atl ant ic Beach, Fl ori da 32 233-544 5
O ne E11s t Brownru Blvd.
Suit e 505
Ft. I.Jludcrdalc, FL 333 0 I 11!01\
RE: C ity of Atl a nti c Oeach Po li ce O ffi cers' Ret ire ment Syste m
Ac lu aria llmpac t S tatement
Dea r Ne lso n:
AG ENDA ITEM # 7E
JULY 14 ,20 14
954 .527 .I 6 I() pl11m o:
954.525 .0083 lnx
www.gnllnclrc>cdc:r.com
As requ es ted by Sco tt Chri sti ansen in hi s letter of Ap ril 16, 20 14, pl ease find enc losed a n Ac tu a ri a l
Imp ac t Statement fo r th e pro posed ordin ance: (a lso enclosed). We h ave de te rmin ed th at the pl a n
provisions in th e ord inan ce wo uld huve no s ignifi ca nt cos t e ff ec t to th e plan be ne fit s.
Pleas e s ign th e Actu ari al impac t Stateme nt as th e Pl an Adm ini strato r a nd forward th e origi nul, and
one co py, a long with a copy o f the ordinan ce: to th e addre sses below. Pl ease lit e the Ac tuari al
Imp ac t s tate ment prior to th e sec ond rea din g..
Oi vis ion of Reti re ment
Burc nu of Loca l Retireme nt Sys te ms
Pos t Offi ce Box 9000
Ta ll ahassee , Fl orid a 3 23 15-9000
Muni c ipa l Poli ce Offi cers ' and Firefi ght ers'
Ret irement Tru st Fund s
Po s t O ffi ce Box 3 01 0
Ta ll ahassee, Flo rid a 3231 5-3 0 I 0
I f yo u s hould ha ve an y qu es ti ons, pl eas e giv<: us a ca ll.
l/
Pi o tr Kr o ra , AS A, MA A A
Se nio r Consultant & Actu ary
Enc los ure
cc : Mr. Sc ott R. Chri s ti anse n
/\(;END/\ ITEM II 7E
JULY 14 ,20 14
CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM
AC fUARJAL IMPACT STATEMENT
Anachcd proposed Ordinance incorp ora tes lnngungc necessary to update th e Plan with th e
tec hni ca l requireme nts of Int erna l Revenue Code and in cludes mand atory amendments to
ensure the continu ation of th e Pl an's tax qualified stat us. There is no s ignificant meas urabl e
be nefit cost effect to th e p lan.
ACTUARY, Gabriel, Roeder, Smith & Comp any
Ry:v1. <L.~rj
Oato : June 4. 20 14
The above chnnges are in compliance with Part VJI , Chapt er J 12, Florida Statutes, a nd Secti on 14 ,
Artic le X of the State Co nstitution . T he Ac tu ary was prov id ed th e information in th e proposed
amendment.
PENS ION BOARD CO MMITIEE
By : ~ ?/4-/u.w
Date: ~ //-z..//y
~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.
RECOMMEN DATI ON:
ATTACHMENTS:
AGE NDA ITEM // 7F
JULY 14,2014
Ap pro ve Ordimmce No . 15-14-J 4 and authorize the Mayo r
to sign all rel ated documents.
Ordin ance No. 15-14-14 with Loan Agreement,
Recommendation fro m Dunl ap a nd Associates, fn c.
Summ ary of Res ponses a nd Exh ibi t
REVIEWED BY CITY MANAGER : =?t ?'4r=t p<'¢-t 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 16,2014
Mr. Nelson Van Licrc
City Manager
City of Atlantic Beach
800 Seminole Road
At lanti c Beach, FL 32233
Fin ancia l Consultants
Subject City of Atlantic Beach, Florid:a
Dear Nelson,
Utilities System Revenue Rcfu1ndiog Bond, Series 2014
Letter of Recommendation
A GEN DA ITEM If 71-'
JU LY 14 ,2014
Dunlap & Associates, Inc . has reviewed the prl()posals submitted by the Bank of Ame ric a, J.P . Morgan
Cbase Bank, SunTn1st and TD Bank. (See attached Summary of Responses)
As you will note, TD Bank's Option I provided the lowest rate of2.33% for the Uti lities System Revenue
Refunding Bond, Series 2014 ("20 14 Bond"), hased on a fonnula that uses the I 0 year Libor Swap R ate
as a benclunark. The 10 year Libor Swap rate is a variab le rate which changes depending on market
condi tion s, therefore the 2.33 % interest rate may vary up until the time th e rate is set. The present value
saving s to the City at the 2 .33% rate is $1,423,950 or 9.57% of refunded bonds.
We recommend th at t11e City accept TD Bank''s Option 1, based on the fact that TD Bank offers the
lowe st rat e. If approved, the 20 14 Bond is schedu Jed to close on August 18, 2014 .
Please feel free to call with any que stio ns. We appreciate the opportunity to be of service to the City of
Atlantic Beach, Florida .
Sincerely,
11 46 Keyes Avenue Winter Park, Florida 32789
Telephone: 407.678 .0977 Telecopy: 407.678 .6240
I Firm I
Coo:x-: Persol'
All-ln True Interest Co$t
lncl i c:atlve P ricing
Ra:l! ~oe.<ed
Ratefo<mu~
Ban< Course! FH
(Bar>~ Counse'
Fma.lla tur;:y
1r!aresl Calcu\a!JOI!
?repa, ml!n1
A:!d t>o<:a ao.-cls ~ell
Ti!!TI1 ct O ro;>osa
T.l>GaO! ty AC,uS:I'"e-1:
Co'lXn"e T~ Ra:e Ac,ustr-I!M:
Jl!pos :rxy ~eQ~or.s· ~
Oe!a .. tfl:a!l!
F .nanoa' Sla.temer.:.s RI!CI~ ~
lathe-PrcVJs a n
C i ty of Atlantic Beach
UtihtJes S ystem Revenue Refund in g Bond. Series 201 ~ (2004, 2010A-1, and 20108 )
S umma ry o f Respons es in O rder by A ll-in True In terest Cost
TD Sank IODtion 11 TD S..k (Option 21 ..IPM !:"-IOD!ion 1 Bankol~ !
eo:ey ~ones I COet~ones R~ logon, Dan 1...a.Wy .;oeU~ I ~J 26S.2S~ ,904 26>2504 4~) 925-272'3 850!934-5546
JaCASOt'!v roe ~aa -~" le Rotlda ... .::a -.a Geor;.a p~ i'loada
239% 2.62% 2.66% 2.70'1.
2.33% 2.56% 2.60'1. 2.64%
No 12.Dp :o a ·a·1~ No (12bp to a· 18 '1 4) 'b 1~1 upcn =punce• "'0 Set 211ays P'IOf 10 Clos.ng)
70~ 11!\'" U 20R Swap Ra:e -4 3bps 70¥-10~r UBOR Swap Rate • 66llpS 76% 10yr rrea$<1ry -61 ibps 79mlll S ·Nap Ra:e • S2bps
S6.000 $6,000 SS.SOO ss .soo
(TBDl (TBO) (H~~d & Kmghl) (T80)
10 12025 101112025 10.'1·2025 101 112025
30i360 301360 30360 30'360
Ma·~l."rtoe A.~'!."'li!@Par !I.On<a:a!IO! ..,..a~"Ar.-
'10% 11 0'11. 1 10% NA
NA • A e :2. ·c S.12/N
y~ Yes Yes Yes
Yes Yl!$ No Yes
hO No 1\o No
::;11freN ln :l!fl!Sl pi~ 6'>. Cui'Tl!fll ln~ Dl1s 6'lli N.A Maximum by U..
2;'0 :lays r.o:>ars 2'10 !la~ 270 Days
1) ~~.oonofloan
2l Ass!Qnmemoftoan
JPiol !:"-IOadan 2l
R,.._ l'IIO"''Oa" ~'ly
1404 9~r2s
... ~.,tl~.a
2.7 1%
2.65%
No [Si!tupon a COI!ptancel
76% 10yr T reas.ury .. 66 7bps
SB.SOO
(lioland & Kmghtl
IC.' 2 0 25
30300
10 ; 19 :tr Par
"10%
s '2!14
'fes
No
No
NA
271 Days
___,
"T)
Finn
C-ontact Person
A ll·in True In ter est Cost
In d i ca tive Prici n g
Rate Locked
Rate Formula
Bank Counsel Fee
(Bank Counsel)
Final Maturity
Interest Calculation
Prepayment
Additional B-onds Test
Term of Proposal
Taxabtllty Acr;ustment
Corporate Tax Rate AdJuStment
Deposnory RelaLonsh•p
Default Rate
Fi nanctal Statements Required
Other ProVJsion
City of Atla ntic Be ach
Utilities System Revenue Refunding Bond , Series 20 14 (2004, 2010A-1 , a nd 20 10B )
S um mary o f Respon ses in Order by Ali-in T rue Interest Co st
JPM Chase CE>Dtion 3 Sun Trust CODtion 11 SunTrust10ptlon 3 ) I Sun Trust (0pUon 2 }
Renee Ugon/Oan Lally Lisa Hayes Usa Hayes LJsa Hayes
(404) 926-2 726 (90<:)632-2599 (904) 632-2 599 (904) 532-2599
Atlanta. Georgta Jacksonvil'e. Flonc!a JacksonVIlle, F1onda Jacksonv.ne. Flonda
3.04% 3.14% 3 .30% 3 .39'1.
2.98% 3.08% 3.24% 3.33'4
No (Sel upon accepta nce) No (Sbps for 75 days) N o (8bps for 75 da ys) No (8bps for 75 days)
76% 10yrTre8$ury + 99 7bps N/A N/A NJA
$6.500 $8.500 58,500 $8,500
(Hoftand & Knight) (Ho<land & Kn1ght) (Holand & Knight) (Holland & Knight)
10/'112025 10/112025 10/1/2025 101112025
301360 301350 301360 30f.l60
10/2115@ Par Make-Whole After 10/1119 @Par Anytlme @ Par
110% 110% 110% 110%
8112114 6116 14 5116/1 4 6118/14
Yes Yes Yes Yes
No Yes Yes Yes
No No No No
NIA lesser of P•B% or Ma)(Jmum oy Law lesser of P~ ot MalC!mum by law lesser or P+B% or MaxJmum by Law
270 Days 210 Days 210 Days 210 Days
2(bps to delete CQl'PO<ale Tax 24bps to d*te Corporate Tax 24bps to delete Corporate Tax
lanquage Lang uage languaM
ORDINANCE NO. 95-14-
AMENDED AGENDA ITEM# 70
JULY 14,2014
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 EF£ECTIVE :,·;::::;:). DATE. <<,>:•·••·
WHEREAS, the City Commission of the City of Atlantic Be~6h, Fl~i·i<l~~ )·ecognizes
individuals within the City should be free from discrimination based up~br~de·,~~l()l:treligion,
sex, national origin, sexual orientation, gender identity.or gender expressiB1l{
''.',
WHEREAS, the City Commission of:tlie d!t~ 6f>Atlantic Beach, Florida, wishes to
'.' ',".' ', '/,'/,'.',
protect each citizen's interest in personal digl1ity <J.I1C{~~IJt~~yrve the public safety, health and
general welfare of the City; .· ·!i ::.: ,.:;:;:;;, ·.·. ·.· .....
WHEREAS, the City Commission o.f the dt%&fAtlanti~ Beach, Florida, finds that it is
necessary to amend Chapter 9 of the At\~ftticB:~a<;h Code%fOrdinances.
NOW THEREFORE{'BE lT ,ENACTJH.) BY THE CITY COMMISSION ON
BEHALF oF THE PEor~~~F THFX¢r:r:x·6; ATLANTic BEACH, FLoRIDA:
''" ,·,''' ','/:-,'/,".',',',' :~:::;::::~:(:~.
s~qfto:N 1/R~gulatioliAfuended. That Chapter 9 of the Code of Ordinances, of the
City of~h~ntic Beach, Fldrli;la, is ~~~~by amended to read as follows:
: : i>• }).i
·c S;g~h.9;j!lf~::ose. ARTICLE I. IN GENERAL
T2~i:~mote 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 19
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 claim~ to have < > '' ''.'
AMENDED AGENDA ITEM# 7G
JULY 14,2014
been injured by a discriminatory practice. \'i! r~n . if•
'''x , ',
Discriminatory practice shall mean any practice or ~bt mad{•;••
unlawful or which is otherwise prohibited by this chapter. • ' ?'
;~::::;,,,
,,"<< ",>>-,,",' -', /-~~::~" ', ' '/,'<>' ~,>;;;>'
Dwelling shall mean any buil~it1g, strJ~mi'e, or portion thereof
>>, , ','//,',",'<>
which is occupied as, or desig~~d 6i· intend~cf:lcH·.occupancy as, a
residence by one (1) or more friMili@§~and an;·t~~~Rt land which
is offered for sale or lease>fdtihe constl1)8tion or location of any
such building, structureJr•;o~{~~~thereof. ·.
< OiMiei•.•:expres~f()u shall ~~an an individual's gender-related
• appear~K~~·and b~h~~1or, whether or not that gender expression is
or is perc~{V~d to b; different from that traditionally associated
with the indi~idual' s assigned sex at bitih.
GJ~d~P!dentity shall mean an individual's gender-related identity,
whether or not that identity is or is perceived to be different from
that traditionally associated with the sex assigned to that individual
at bi1ih.
Words stricken are deletions; words underlined are additions.
ORDINANCE NO. 95-14-
Page 2 of 19
AMENDED 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 compaJr~t :trust,
unincorporated organizations, trustees in bankruptcy, f~bei~~i;~~ • ,':?,
and fiduciaries. /\
Places o[ public accommodalion sha1Lmean any estab;;~!::nt,
service, place or building which dfier~}~glls, or otherwise makes
available to the public any do64, :st~tvic~, facility, privilege or
advantage. The following shall nBt~~·:conside;~ti'!?i~B~s of public
accommodation: private clubs.or est~bli§hrnents not open to the
public other than medBgi;~ •:gt 'the clu}; ·gl? establishment, and
/,-" "'"" > "/>,->,-,,
facilities and accomfubdatiohg bWrl~d •or operated by religious
organizations, .~§soci~tion:~,:;societi~~, or non-profit organizations
operating 6f ~bntrolled :by:':a: -t~llgious organization, where the
, , ta:6iiities,and :~§B6mmodations are made available to members of
,.;!!~{' i that reifJj)l~i0~t nl\i1glhe public.
< <·>:· >. Religious J~~anization shall include a religious corporation,
>> •:associatioK~~; society.
·<c'~~C]~='::all 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 stricken are deletions; words underlined are additions.
ORDINANCE NO. 95-14-
Page 3 of 19
AMENDED AGENDA ITEM# 70
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 :lfrdir~ttly, ;L:~:
discriminate against any individual in hiring, clas~i:ficaticfrl( : :> ·
'," >:, <;:;::::::/
grading, discharge, discipline, compensation or other ;f~:iiii· or
condition of employment because.ofthe)ndividual's race, .. color,
religion, sex, national origin, s6itr~l ori~ht~Hon, gender identity or
gender expression.
(2) No person shall discriilii11ate ag~iB~i:any individual in any
''' '''' ''.' ',','/, v'• "<<<<,>>'
aspect of any credit tran~actiofi{()f:tn any t~~ms and conditions of
/' ,' y <','.',' ',',>',', ,' ',
bonding because. o:tWthe irtdfvidu~l@ tace, color, religion, sex,
.. ·:{<:" y y' ,"'
national ongm; sexual :C>fientat!Jh, gender identity or gender
/:-::;:~:;:
expression .... ·.· · ·
,:::;(3)~~~ers8n.who~\\J11S, leases, rents, operates, manages or in any
manner conM~ls a public accommodation shall withhold, deny,
·:.:: ~~,>.cmiail, limi~lr discriminate concerning the full use of such public
y ,·,',, ,,,,
<:•,~ti·commb·Cl~tion by any individual because ofthe individual's race,
~JiJi'] ;: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 of 19
AMENDED AGENDA ITEM# 7G
JULYI4,2014
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 o/lhterfef{ ::•
:<<:> ,',",",',~/
with any individual in the exercise or enjoyment of, or ori~t66unt
of his or her having exercised or enj6fed,6t on account of his or
her having aided or encouraged ~kf oth~~\haividual in the exercise
or enjoyment of, any right grant~d:i()f~iotect~{fby:t~isshapter. ......... I· ....
'->/::.:;::<;.,
Sec. 9-4. Complaints. , ::)!>· /<:/ >:
(1) An aggrieved iheti~idJ~I hlay u~d~;· this article, file a .• ;:c.'
complaint with the City d~1:k aria i~~quest a hearing before a
special magistfa~~within si~ty (60).aays to determine if the alleged ,''' <,',-",', -:--, ,-,----',-'/
per~on conlffiifted a disdifiliiHatory practice prohibited by this
,•. cit1mWifthe s;~6hn.magistrate finds that a discriminatory practice
. <': / .. has be~~·@~hunitt~~!::gr is about to be committed, the special
•:.{f. magistrate hl~y issue an order prohibiting the discriminatory
<<:>::::>>-,
'• • • ::.practice arid}providing affirmative relief from the effects of the
·a'iscrimi~~i~ry practice including, but not limited to, a temporary
.,, ''/"' --"-'"''
Ol];·~~~anent 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 stricken are deletions; words underlined are additions.
ORDINANCE NO. 95-14-
Page 5 of 19
AMENDED AGENDA ITEM # 7G
JULY 14, 2014
(2) Either pmiy 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]{he g6b1i ,::>:.
finds that a discriminatory practice has been committed o~ls aborif ! ! >
to be committed, the comi may issue an order prohibftirtgilbe
discriminatory practice and providing'>affirmative relief {;g~ the
effects of the discriminatory pra~ti6e iJgi~Ji~g, but not limited to,
''' __ , ',",'/<,'<;>>',
a temporary or permanent injl:lhbtiofi>o"r ~th~t''::equitable relief, a
'" < < -"' ', ,' .<',",'>. : ',
temporary restraining order, an a:W~rtfhf actualdahlag~s, including
',' ',' ·.<::;::'\
back pay, punitive damages, an award of reasonable attorney's ,'.> ',',' ' ' ' ' "' " ' ,', ,•,·,·,~
fees, interest, and co~t.s.}6t()!li~r 0~ch r~liJ£ as the comi deems
appropriate.
(a) PursuanftJ Aliicle X, Section 13, Florida Constitution, nothing
< , ~;~ >in this chffp{br shall be deemed to be a provision for bringing suit
',','/,'<<<·,, ,->·,_·,'/
'\(~~inst ·:the state or otherwise be deemed to be a waiver of
so~@~:~ign 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 19
AMENDED AGENDA 1TEM # 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 confened 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 ifi:~d.dition
to those provided by such other laws.
(2) Religious organizations:
This article shall not apply .. to ·•~• i:cm'jjoration, association,
"<::::: :::<:::'
educational institution, or socief:Y:·thatis:gk~fupt from the religious
discrimination provisions of Tlfi~>\f'!(of th~'Ci~il Rights Acts of
1964 pursuant to section 702(~).~f~fich Act (LJ.~ B.s.c. 2000e-
l(a)), or as such section 111ay~~reafter B~:~1nended. For purposes
'',",~<<< Y,
of this chapter, sucll>>corpot~ti~ns, ass6ciations, educational
institutions, or .. sodgties :·:>sii~ll i@lUde religious corporations,
associations, e<.lcib~tional IW~tituti6:h~, or societies which condition
.,->>><:<-> <<<<->',·,
opportuniti~~)iri. the are~ 6f::~~ployment to members of that
••• n ligff~r~t~ :cor;dt;~iibn, association, educational institution, or
Ej~~~;P society ol~!zfrso~\Jho subscribe to its tenants or beliefs.
/ :<;. (3) Employ~i~:
. >: ·~Notwith§t~~ding any other provision of this article, it shall not be a
'<·:<<">>: ,'· :<::<,'
cii§6Hfuinatory 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
reasonably necessary for the performance of employment to which
Words strieken are deletions; words underlined are additions.
ORDINANCE NO. 95-14-
Page 7 of 19
AMENDED AGENDA ITEM # 7G
JULY 14,2014
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 te1mination of employment :,Wil~ri:the
'""'" ''''"'-,
individual applicant or employee has failed to meet B~na 'fiak ~ >
requirements for the job or position sought or held, nor ·~hall,thk •"
article preclude such physical and. medical examin~ti()fif of
applicants and employees as , an :~~hlplo;yer may require of
applicants and employees to {d~~ermiile rttness for the job or
position sought or held.
<~~:::::~:: />:: > ',<:::::;,:;:\,
• > ~/~t~ ;"::
"' ."/_" .. ·.,
<:;:)' '<::;:::>~:>, ..
(4) Businesses: ><~:;: ::>);:;
This article shall n:<k: :;plfi<~B ::,a co1~~ration, professional
association or busind§that 6iliployifir&en (15) employees or less.
);: <· <,-,' •
• •"•~thi~: ·~liicle sll~ll: hot apply to rooms or units in dwellings
,·, -'/,'/ ',' ','/.' ,;,,
•::. ?/ •: containin~ ~i,ving qJ~1~~rs occupied or intended to be occupied by
no more th~hfour (4) families living independently of each other,
n\> if the ownM•:actually maintains and occupies one of such living
> •§uart~rs~f~is residence.
(6) Public Accommodations:
This miicle shall not prohibit a restriction or use in restrooms,
shower rooms, bathhouses, and similar facilities consistent with the
facility user's actual anatomical gender, except that if the facility
Words stricken are deletions; words underlined are additions.
ORDINANCE NO. 95-14-
Page 8 of 19
AMENDED AGENDA ITEM# 7G
JULY 14,2014
user has undergone and completed gender transition surgical
procedures, either before or during employment, then said user
shall be allowed to utilize restrooms, shower rooms and similar
facilities consistent with his or her transsexual status.
Sec. 9-6. Criminal Acts
Nothing in this article may be asserted or construed as a d~fJhse to
any criminal act, prohibited by local, state or federallaws\li:' 'fl)i)'; !
'''' ___ }(<:~:::>' ·.; :<<;:<"'' ::~::::; .-:-:-~-: -_. <::;:,::>'
Sec. 9-7. False Claims
''·'"','
If a court of competent jurisdiction finJs:thalan unsupported claim
was filed by an individual claii~fh~ to~~g:k,aggrieved pmiy, the
/~<",, "<<<<<,'--,
party required to defend ag~iksf":~tfi~ meritl@s, claim shall be
'"' '/,','/.', .-,------------>-~ <,'
entitled to attorney's fees and saricH6ris::pursuant t6S~~tion 57.105,
Florida Statutes.
Words stricken are deletions; words underlined are additions.
ORDINANCE NO. 95-14-
Page 9 of 19
ARTICLE II. FAIR HOUSING
Sec. 9 16. Definitions.
AMENDED AGENDA ITEM# 7G
JULY 14,2014
·whenever used in this article, the fullovling Vlords and tenns shall
have the follov1ing meanings unless the context necessarily
requires otherwise:
Dwelling shall mean any building, structure, or porti~K;th~rBpf
'.vhich is occupied as, or designed or intended for occup~py i§,• :a : ~ ?>
residence by one (1) or more families, and any vacant la~4 w,l;J;jsili :; >.
is offered for sale or lease for the construction or locatidt.:·gl~
such building, structure or portioll;t}lef~Qf,{}
,'>>:<;>' ;,, :;>> ,',',
Family shall include a single i~J{~j&~~l,> ·: : •:::.
··········•:;;,~····.
Person shall include on~:fl) or. more •ig~iyiduals, corporations,
pminerships, asso~i~tr~~s, < /t~l:JQr <~;~anizations, legal
",' ",'/<,'"'
representatives, mut4Qi c9f#p£mie~J/j6irrt stock companies, trust,
unincorporate<:{ ;Brganizati~rts, wt~tees in bankruptcy, receivers,
,->> ,',,;:':<, <<:'<:;:;:;:;:~<'~:>~',
and fiducim:ies.
• • •• • To rent sh~tfincl:J~:t() lease, to sublease, to let and othenvise to
grant for a "¢&hsideration the right to occupy premises not ovmed
~~~~.$:.i7. Prohibited conduct.
Subject to the exceptions set out in this mticle, it shall be unlawful
for any person to do any of the following acts:
Words stricken are deletions; words underlined are additions.
ORDINANCE NO. 95-14-
Page 10 of 19
AMENDED AGENDA ITEM# 7G
JULY14,2014
(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, con~ffi§~Sj or >'/" '"<•','.'/
priv~leges off:sa~l~ ~r r~ntal of a ~welllh. ng, 0~ hin bthe proti~ifon~~~f: ri<~
services or ac1 1t1es m connectiOn t ereWit , ecause:;::Q r:ac~, :':>>: ,_,·,,. "'"·''
color, sex, religion,_ er--national origin, sexual orientatiorl~:;':g,&Kder
identity or gender expression. . ij'? i)) ic;{'
(3) To make, print or publis~, dt.;t&C;j~hnad~, printed or /:::· :.;.:,>;·>-'>::::;:::::::::~;:;:-:
published any notice, statement\)r ady~rtisemenfwith respect to
the sale or rental of a<gw~lfil1g thar:maifiltes any preference,
' ' "'' ' ' --.. " ' ' . ' ' " ' ' ' ' . ~,
limitation or discrimi))~lf;n b,a~~d:c)1;1race, :t~lor, sex, religion, m
/,',' ~ '/." ",' ";',',-;,•,-,'-
national origin, ,sexli~l od~htati~%:~g~nder identity or gender --·--· ,-,-,,,_,-,---
expression o,r :~~<i~tentior1>1~,,ID,:Cl,k~;~ny such preference, limitation
or discrimi~~ti6n.
:1:/}::::expressiont~~t any dwelling is not available for inspection, sale or
''''',", ,,,,,
(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 19
·>::~~;~;~J~)~>,
AMENDED AGENDA ITEM# 7G
JULY 14,2014
pmiicular race, color, sex, religion~ Bf-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
pmiicipation in any multiple listing service, real estat~}krokers
'" '/-"' ,,
organization, or other service, organization or facility ~~~~Utig:Jo
the business of selling or renting dwellings, or to dis~fimirial~< :: • "·
against him in the te1ms or conditions of such access, meffiber~J#p <>••<
or participation on account of race, color, sex, religion~ ef-:l):~ti•onal
origin, sexual orientation, genderidentfiy:orgender expression.
::::;::::::
', ','' '< >:;:<::<;>, ,<<--> '
Sec. 9-19. Educational activitie~:· .:~:•• :•>
The city manager is authorizea•;J(litli~ected t~ liKcieiiake such
educational and concili~torYi::•~cJivitie~:)j~s~.jn his judgment will
,',''•'''' ,,,,,,,,, ,,,,,,
further the purposes ()±hhis ctftfble;:J--Ie m~~ call conferences of
,•,·,",'-,'.",'_', ,-,-,'<·'·' ',
persons in the JwustHg in.drl~try ~~d bther interested parties to
acquaint theJ.n::wm; the pr8~isiol1~~hereof and the suggested means
,'/,' ",',',' ,, ','' '/,,-,' ,_ of)J.nplem~ht}#s. this m~ittk ·The city manager shall fu1iher
,-,·,--/<,,
~iici6~~$t, .yvith th~::€tdvice of the housing industry and other
interested~~iiies, t6 W~rk out programs of voluntary compliance
and may \~dvise appropriate city officials on matters of
::> enforcem~l1W The city manager may issue reports on such
< ~~/:~imfex¢~~~·~and consultation as it deems appropriate.
'',", ,-/ ,', ,'/,','/,'
Sec. 9-20. Complaints.
(a) Any person vmo claims to have been injured by an act made
unla'Nful by this miicle or VfflO claims that he ',Vill be injured by
such an act, may file a complaint with the city manager. /' ..
Words stricken are deletions; words underlined are additions.
ORDINANCE NO. 95-14-
Page 12 of 19
AMENDED AGENDA ITEM# 7G
JULY 14,2014
complaint shall be filed vlithin one hundred eighty (180) days after
the alleged unlavrful act occurred. Complaints shall be in v,rriting
and shall contain such information and be in such form as required
by the city manager. Upon receipt of a complaint, the city manager
shall promptly investigate it and shall complete his investigation
'tvithin fifteen (15) days. If the city manager finds reason.~~~.~. cause
to believe that a violation of this miicle has occurred, or JtJ>ffi~sqn
charged with violation of this article refused to furnish in~1:m~ff~I1\ ;:~>
''q " '
to the city manager, the city manager may request the citt~t()fV~y:>'>
to prosecute an action in a comi or bom·d of competent juit~~i8tion
against the person charged in the pJ:?InP~Ei#rt::'Vhe request shall be in
writing.
(b) Upon receiving such writteri<·~~~~,~t~nd w;~~:ffi~~~ssistance of
the aggrieved person an4<Pfur1:uanag;;?yl•'iJhin fifteen (15) days
".'" .. ' "·"<<~::· :< <, ',"<<<<·>
after receiving the req~~·st the8@:qttomef shall be prepared to
,",·,,", /',",''. ,'.",','','',
prosecute an acti()n i~ .. the t$~l;~pri~tif66urt or board of competent
jurisdiction, ,,,pfS .. ~ided .. a ~'·"'Tai1t'l~·· s'.vom out by the aggrieved /,',', ','.',' .,,',',"/,',>>>>> .','/
person and:'§~l{~,d upon th6• p~fson or persons charged with the
''""'''' ,,,,,,,,
(1) ~]~~l¢eve: ;ndividual may, under this article, file a ····,·····:~ .... :: ... ,
'':: ••: complaint;:!Wifh the City Clerk and request a hearing before a
•? §g~~ia:Ifriagistrate within sixty ( 60) days to determine if the alleged
p~i:g&h committed a discriminatory practice prohibited by this
article. If the special magistrate finds 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
Words stricken are deletions; words underlined are additions.
ORDINANCE NO, 95-14-
Page 13 of 19
AMENDED AGENDA ITEM# 7G
JULY 14,2014
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 attomey's fees,
interest, and costs, or other such relief as the special magistrate
deems appropriate.
(2) Either party may appeal the decision of t~~\ ~;~gi~l} .. > }:>
magistrate by commencing a civil action in a court of d8fupet~l11> >
jurisdiction provided, however, that such civil action musfh~.:~{ed
~ . .
no later than one year after the discrirrlit1atoiy practice is alleged to
have been committed. m1c; ............ ~ ~j (.~··· <;.
(3) If, in a civil action comnf€H&~a.under t~f~·ro4i6fe, the court .. ',·.,·.·,/·, ' .
finds that a discriminatory practice h~ffi6~n committed or is about
/<<<<<:>:< ',',', ,·,·.·.·.·/,',
to be committed, the. &6urt rii~y>issue ~fi ... brder prohibiting the >>>>" ,·.·.·.·' . '/,',},
discriminatory practice and :pfbvidhig affirmative relief from the
'' <, ,•, "·' ',· ;·.·<; '///.
effects of the d1~~fiml~atdt{practi8~ including, but not limited to,
,,,,, ' .. · .. ,, , ....
a temporarf.dt;\permaneritinjlihftion or other equitable relief, a
•••. teffip<mtryre~{1J~il1i11g order, an award of actual damages, including
.:·· r::• . back ;~Q~ t?11niti~~·~amages, an award of reasonable attomey's
fees, inter~;~i;~•and costs, or other such relief as the comi deems
appropriate?
••:§~¢;·~r1i. 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 miicle 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.
Words stricken are deletions; words underlined are additions.
ORDINANCE NO. 95-14-
Page 14 of 19
Sec. 9-22. Discrimination in the financing of housing.
AMENDED 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 loaJi:m:. other
financial assistance to a person applying therefor for the ~U~B~~.of
purchasing, constructing, improving, repairing, or mail'lt*ini~~· ti : >
: ~<<: >-:<<<<,"·'
dwelling, or to discriminate against him in the fixi~glof:{b.t••
,',',,<· />:;::.>,'
amount, interest rate, duration, or other terms or condition~:§f::§uch
<", "·/
loan or other financial assistan9~, h~~5l:t:l~e of the race, color,
religion, sex, or national origm/:bf th¢ £:¢J:§gn or of any person
'/·>>>-, ,<;:,_ "
associated with him in connectl6Ej\~Kth the m~w·qr qtJJ.er financial
assistance or the purposes of th6~1;~~·8~:<;>ther firi~fiei~l assistance,
sexual orientation, gekd~r i~ehttty\or gell.d:er expression of the
present or prosp.~£tiv~~~bwn~fg,:::less~~~,~~nants, or occupants of the
/'-',-,'-. ' ,,,, >'
dwelling or dW~iiings i~··~~elatipk to which the loan or other
<::~: .·<,--" :<<<·<>~<·-,",'> U/
fi11a11cial as~{~~~~£e is to b~ fii[d~ or given.
,".',"-.-.-, ','/,','/_',.,
.: ? :: Sec. 9-2j.$~~mpti~h~.··
• };.... taf-Nothing.i~l•sections 9-17 and 9-22 shall apply to:
:::~@)::{\1}y§Ihgle-family house sold or rented by its owner, provided
th~~ri~ate individual owner does not own more than three (3) four
® single-family houses at any one time. In the case of the sale of
a single-family house by a private individual owner who does not
reside in the house at the time of the sale or who was not the most
recent resident of the house prior to the sale, the exemption granted
Words stricken are deletions; words underlined are additions.
ORDINANCE NO. 95-14-
Page 15 of 19
AMENDED AGENDA ITEM# 70
JULY 14, 2014
by this paragraph shall apply only with respect to one (1) sale
within any twenty-four-month period. In addition, the bona fide
private individual owner shall not own any interest in, nor shall
there be owned or reserved on his behalf, under any express or
voluntary agreement, title to or any right to all or a portion of the
proceeds from the sale or rental of, more than ffif'ee--tl;?;!Q!!Jr..__!;±.l
single-family houses at any one time. The sale or
single-family house shall be excepted from the
article only if the house is sold or rented:
(a) Without the use in any manner:pfth;~:s,gl~s or rental facilities or
the sales or rental services o{"!~[~ r~~l ~S!a;te broker, agent, or
salesman or the facilities or set:Vi&~~,::i8} any~~f~o.tlin:the business
of selling or renting dwellings, o/~¥~$_y:emplo;~~··g:~agent of the
'''''''o'•
broker, agent, salesman, Pr:PM~~m; and ::::::::}:::::
)::::::;:>' /> ::::;:::::-.
any advertisen;i~htor writ~~finoti¢~·in violation of section 9-17(3).
,',:,:>, :·::: '',7,.:;<:::;;::::>·'
}'Jgt~il1g in thi~:P!;(.wision shtlJlprohibit the use of attorneys, escrow
: {'::> (2) Roorn~·.:or units in dwellings containing living quarters
·.· >:·~~~.l;lpj~Q·br intended to be occupied by no more than four (4)
f~Mllf~~ living independently of each other, if the owner actually
maintains and occupies one of such living quarters as his
residence.
Words stricken are deletions; words underlined are additions.
ORDINANCE NO. 95-14-
Page 16 of 19
AMENDED AGENDA ITEM # 7G
JULY 14,2014
tBf-Ql_For the purposes of paragraph (a) this article, a person is
deemed to be in the business of selling or renting dwellings if:
EB (&_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;
~ (Ql_He has, within the preceding twelve (1
participated as agent, other than in the sale of his
residence, in providing sales or rental facilities or sales
services in two (2) or more transaptiorl~ !nyqlving the sale or rental
of any dwelling or any interest$~f~i'1i>~f :<![[;}>
·:·:.: .......... ..
f-B {f)_ He is the owner of any·a~~lnrig design~J dr .. intended for
occupancy by, or occupiegbynfi.ye (5)~1i.ffi()re families .
. . ". '--'-. ,·,, ",')\",". '"·';:·:::::::::':>
/~)~1~::;'·>>>>:--'
Eej .ffi_Nothil):g .. iii::thi§~·%rticle shall prohibit a religious
,>>"<
organization, ~$sociation/M socie,t§; or any nonprofit institution or ·>->,<~ ,• ', ,',', //.
organizatio~· ()p~rated, s~p~tVised, or controlled by or in
.<~>>> "/ ',' ',',' ',',',
,:: L 86rtjtih~fi(')P, with• ~J:e,ligious organization, association, or society,
',',·,--',>>>\ ',>" ,',>'>> .
....... )!;•::· from limitiugthe saJ~;:1:ental, or occupancy of any dwelling which
it owns or d~e}·ates for other than a commercial purpose to persons '',','•
"<<<<:: ::>,
<::·{~ ;.of the saq?:~feligion or from giving preference to such persons,
.. ~:Q.l,~s§ ;$;~inbership in such religion in restricted on account of
;i2~~6~1or, or national origin. Nothing in this article shall prohibit
a private club not in fact open to the public, which as an incident to
its primary purpose or purposes provides lodgings which it owns or
operates for other than a commercial purpose, from limiting the
Words stricken are deletions; words underlined are additions.
ORDINANCE NO. 95-14-
Page 17 of19
AMENDED AGENDA ITEM# 7G
JULY 14,2014
rental or occupancy of such lodgings to its members or from giving
preference to its members.
Sec. 9-24. Interference, coercion, or intimidation; enforcement by
civil action.
It is unlawful to coerce, intimidate, threaten, or interfer~)jfoitl};~y
person in the exercise of, or on account of his having exJt~ised;::bt }/::::::
on account of his having aided or encouraged any other E~:rsqn:'ik << >>>
the exercise of any right granted under this article. Thif~~"~~8~ion
may be enforced by appropriate civil a8ii~m;:c?
',_'' ' .. '-'. ''/'
"1 ":;::::;: -<::<;)' '<::::-;~: ;>,
Sec. 9 25. Violations.
Any person violating any provis:ic)~6f$is article shdfi be guilty of
an offense and upon com:iciiof)>shall <~[~,>:(!;>penalty of not more
'.''' '" '·"<<<,_<<', <. '>' '-
than fifty dollars ($50,QO) for ~.46h9tfunse ..
Words stricken are deletions; words underlined are additions.
ORDINANCE NO. 95-14-
Page 18 of 19
AMENDED AGENDA ITEM# 70
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.
passage and adoption.
PASSED by the City Commission on first reading this __
PASSED by the City Commission on second and final this ----:~
2014.
ATTEST:
DONNA L. BARTLE,
City Clerk
Approved as to form and
Words stricken are deletions; words underlined are additions.
ORDINANCE NO. 95-14-
Page 19 of 19
upon its final
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF RE:PORT
AMENDED AGENDA ITEM # 7H
JULY 14,2014
AGENDA ITEM: Ordinance No. 5-14-61: Amending Chapter 2 of the
Code of Ordinances, Admfuistration, Article II, City
Commission, Sec. 2-16, Time and Place of Regular
meetings, to provide for two regular meetings.
SUBMITTED BY: Nelson VanLiere, City Manager~
DATE: June 17, 2014
BACKGROUND: At the June 9, 2014 meeting, the City Commission discussed proposed ·
Ordinance No. 5-14-61 and decided to table the item until a full commission could be
present and to give Staff the opportunity to make some adjustments to the presentation of
the agenda items.
As previously stated, the goal of the Staff and Commission is to work together to produce
an agenda that is both informative to the public and allows for business to be efficiently
carried on month to month. It is clear that giving ample time for the public to weigh in on
important issues is a priority in Atlantic Beach. As a result of discussions from the
previous meetings, Staff has come up with a better way to meet those needs. Upon
approval of the attached ordinance, Staff can prepare agendas that will ensure items of
significant importance are discussed thoroughly and that those of a routine nature can
move forward.
The attached outline entitled: Agenda Preparation Guidelines has been amended to
reflect recent discussions and will be used as a guideline for agenda preparation. This
chart indicates how each type of item is to be considered in the compilation of the agenda.
Upon examination of the guidelines, you can see that most items, with the exception of
Action on Ordinances and Miscellaneous Business items, would appear only once.
Ordinances represent the creation of legislation and are required to be heard more than
once. Miscellaneous Business items represent a variety of items with varying significance
from agenda to agenda. In this Miscellaneous Business section of the agenda is where we
propose to give special attention.
As a solution to the problem of ensming miscellaneous items are highlighted and
discussed in a manner that gives appropriate attention to them, Staff reviewed the rules
found in our code and determined that the existing agenda has a provision for this, but that
it has not been used for this purpose. Item #3 on the Agenda Outline was placed there to
consider any unfinished business from the previous meetings. Carryover items would be
placed in this section of the agenda in the order that they appeared in a previous meeting.
Items that originated in a special category such as Resolutions or Ordinances would stay
in their respective agenda categmies. The process would be to place the appropriate items
on the agenda under. #8 Miscellaneo.us Business. They would be discussed and
considered as items the commission would want to move forward to the next agenda. The
subsequent meeting would then include those same items in #3 Unfmished Business
section of the Agenda Outline.
BUDGET:
AMENDED AGENDA ITEM# 7H
JULY 14,2014
Staff will also implement the revised deadlines discussed in the previous meeting to allow
the Commissioners and the public an extra five to seven (5-7) days to review the agenda
before the meeting to allow for input and questions to be answered. This extra time will
prove significant for those involved in the preparations for a meeting. The deadline for
submission of all agenda items from either the Commission or staff, would be the
Wednesday (13 days) prior to the commission meeting. The agenda would then be
published and disbursed on the Friday after the deadline. All items to be considered on
the agenda will be submitted by the deadline in final format form.
Also, as a result of the comments made at the May meeting, Staff has amended the
proposed ordinance to reflect the original meeting time as 6:30p.m.
In the event that the Commission chooses to call for a workshop, the expectation would be
to have those on the same meeting nights as the regularly scheduled meeting unless
specifically requested for another time. This will limit the strain on the commissioner's
schedule to only two nights a month in normal circumstances. The shmier agenda and the
expectation of doing City business two nights a month should streamline the process for
everyone.
No budget impact.
RECOMMENDATION: Approve Ordinance No. 5-14-61.
ATTACHMENTS: Staff Report dated April18, 2014
Agenda Preparation Guideline Chart
Ordinance No. 5-14-61
REVIEWED BY CITY MANAGER~ t/40 ;1<0&
Agenda Preparation Guidelines
Item Purpose Requires Special
Advertising
Approval of Minutes
Approval of Minutes Action No
Courtesy of the Floor to Visitors
Courtesy of the Floor Informationa l-No Action No
Presentation Informationa l-No Action No
Proclamation Ceremonial-No Action No
Unfinished Business
Miscellaneous items carried Action Varie s
forward f rom the preceding
meetings
Consent Agenda
M onthly Reports Acknow ledge Receipt No
Quarterly Report Acknow ledge Receipt No
Annual Report Acknowledge Receipt No
Written Report on a specific Acknowledge Re ceipt No
project
Declare Property Surplus Action No
Award initi al co ntrac t for Bid Action No
Award RFP Action No
Extend Contract whe n allowed for Action No
in the c urrent terms.
Committee Reports
Committee Report Informational No
Appointment of members to a Action No
standing Board or Committee
Action on Reso l utions
Resolution Action Varies *{1)
Action on Ordinances
Ord inance Action Yes *{1&2)
Miscellaneous Business
*Use -by-Exception Dis cussion Yes * (3)
*Waiver Di scussion Yes *(4)
Approva l of Contract with Discus sion No
significa nt im portance and valu e
Establishing an Ad Ho c Committee, Di scussi on No
the n appointing its members
City Manager
City Manager Report Informational No
Reports and/or Requests from City
Commissioners and City Attorney
Announcements Informational No
Revi se d 7 -2-14
AM ENDGD AGE NDA ITEM II 711
JU LY 14 ,20 14
Requires a
Public Hearing
for CC meeting?
No
No
No
No
Varies
No
No
No
No
No
No
No
No
No
No
Varies *(1)
Yes *(1&2)
Ye s *(3)
Yes *(4)
No
No
No
No
Page 1 of 2
Agenda Preparation Guidelines
AMENDED AGENDA lTEM # 7H
JULY 14,2014
*Special Notes referenced on Guidelines:
( 1) Ordinances establishing the operating budget require special advertising and two public hearings.
In addition, there will be a public hearing on adopting a Tentative Millage Rate at the first meeting, then a public
hearing on a Resolution adopting the Millage Rate at the second meeting.
(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.
(3) Use-by-exceptions are heard by the Community Development Board (COB) for a recommendation, prior to the
Commission. Use-by-exceptions will initially be placed on the Commission Agenda under "Miscellaneous
Business" for discussion only. Then, once it is ready to be carried forward for action, the item will be placed on
the subsequent agenda under "Unfinished Business" and have a public hearing.
(4) Waivers will initially be placed on the Commission Agenda under "Miscellaneous Business" for discussion only.
Notes:
Then, once it is ready to be carried forward for action, the item will be placed on the subsequent agenda under
"Unfinished Business" and have a public hearing.
Variances are handled through the Community Development Board (COB) and require a Public Hearing. No Commission
action is needed.
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.
The Commission has the option to defer items to a future Regular meeting, Special Called Meeting or Workshop.
In the event that the Commission chooses to call for a workshop, the expectation would be to have those on the
same meeting nights as the regularly scheduled meeting unless specifically requested for another time. This will
limit the strain on the commissioner's schedule to only two nights a month in normal circumstances.
Sec. 2-17 ofthe City Code allows for the mayor-commissioner, city manager or a majority ofthe city commission
to call a special meeting of the city commission with a twenty-four (24) hour notice; however, the items to be
addressed will determine how much notice is needed.
Revised 7-2-14 Page 2 of 2
AGENDA ITI~M:
CITY OF ATLANTIC BEACH
CITY COr\iMISSION MEETBNG
STAFF REPORT
AOENIJI\ l'l El\111 7A
l\"lt\'i 12. 2.(l];J
Ordinance No. 5-14-61: Amending Chapter 2 of the Code of Ordinances,
Administmlion, Article ll; City Commis.sion, Sec. 2~ 16, Time and PI ace of
Regular meetings, to provide n)r t\VO regular meetings.
SUBI\'JITTEil llY Nelson Van Lien~, City Manager
DATE: April 18,2014
BACKf;H.OUI\ID; On April 8111 , 2013, the City Commission approved Ordinance No. 5-13-58
amending the Code to rcpla~c one of the two sch~duled meetings per month with
a workshop. This was done as a trial to address complaints from the public that
there \vas not enough lime fC11· eitizen input on the ngenda it~::ms bdiJre a vote. By
workshopping the upcoming agenda, citizens have more time and oppurtuniLy to
be heard on nil items bef(wc a vole is ens!.
Staff has worked very bard to make the tmnsition into the one meeting a monlh
schedule successful. llowever, implementation or this new schedule hns been
extremely difficult tor staff. Arter careful consideration, we believe we have
come up with an alternative that will mldrcss everyone's concerns.
Below is il list of unint~n~cd consequences that h<We been a chalfcngc to staff
~incc the inception of a one mcetingJJCr monlh schedule.
I. Jh!i agendas _!_U:~_rougl}ly twi<;.e th_e size. This by itself would 11ot seem to he an
issue. Please consider that each item i:-; importunl and is the result of staff'::; hard
work. The entire agenda must be indexed and paginated, copied and bound,
scanned und uploaded, distributed and linked to web pages.
1. Meetings m'Q twice as ~~~111g. A direct rcsull of the lengthy agenda is that the
m~etings lake twice as long because there arc twice as many items to discuss.
3. The_ bureaucra9f__.!ill.9cd to thcJtpproval pro_cess slows thc_rrwroval of 1:outinc
Hem_ulown. For many important items, we recognize it is important to slow
down and hear comments more than once. Routine it~ms, hn\.vcvcr, are held up in
the same timcline and arc not able to move forward despite lilLie or no comments
frorn the citizens. Consent items lake only a tcw minutes to pnss in the meeting,
but u full three to tbu1' weeks to go through the entire npproval process.
4. Staff prcpnyation sccmi!)_gjy_.ncvcr ends. As staff prepares for Cnmmission
meetings, we write proposals and research a tremendous amount of infnnnntion in
p1·cparation tlw the meeting. Items of routine nature arc discussed twice, more
important items t(mr times and sometimes! if deferred or as the rc::;ult of nn initinl
proposal that led to the action, th~.: agenda item may need to be fresh in our minds
for six weeks as new items accumulate. We need to be ablo to take action and
Jnovc forwnrd.
5. B:;L\,;I.}I: __ Agl:!JJdtL.h<.lli .. been amql}~lfsh Since the inception of the one meeting
schedule, we have had numerous special called meetings and every workshoppcd
agenda has been amended. As stnff tries to mulce progress on projects or
contracts, we sit and woi t through long workshops where no nction can be taken,
there was no discus:-:ion or comments und yel w0 rnust wait nno!hcr lwo weeks fot
an approval.
AGENDA ITEM# 7A
MAY 12,2014
6. Ordinances require 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 co111:plaints 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 Co:nnllissioners 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 30 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.
o 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
MiENDt\ rrt:f\.·111 7/\
rv!A Y 12, 2IJI·l
the Human Rights Ordii1~111ce, may be discussed in a separate workshop. This has
alwnys been an option.
<~ Item 7-All meetings can lake place in I he fbm1al se1ting with the exception of the
workshops called to discuss chosen items of significance. The qunlity of the
video will IN better tiJr lhe viewing public tind Lhc professionali~m will be
enhanced, Workshop Sl!ttings should be tl1r informal discu::~sions of n limited
number of topics.
~ lkm 8 -The fcnr of missing a meeting dcudlinc will be greatly reduced when
there will be nnother meeting within a few wc~l<s.
Ill Item 9 -Tlw change to the agcndn process will allow Commissioners, stflff,
citi?:cns nnd the press to receive the ngcndn al least 10 d~1ys in advance of the
meeting. This will allow C'ornrnis~ioners two vvcekcnds to review nnd ample lime
to talk with dtizcns and gd wi1h stnfr. I! will allow stnff It! research and ~tnt;\VCr
additional concems of citizens nflcr rt>ading the n~porls. The agenda will be
puhlishcu tot· tho public to review and stnlf is nvailable to address concerns bdbro
the meeting for owr a week lt will allow the press to publish information about
items of interest prior to the meeting. This will lead to a better infonmxl public
and Commission and in turn lend to hc!Ler decision making.
Keep in n1ind tbat we bnve impiementcd other proccduruM to enbunce
communications with tho citizens sine~; the one meeting schcdul e wns
implt:mentcd. We nrl.! now videoti1ping meetings and providing elcctrnnic
agendas for ·commissioners to use on city provided iPads. Management now
tH1l~ourages commissioners to directly seck answers n·om staff if' needed. This
t:.nhances th0 response time when gathering inf()nnation tor meeting preparations .
.BliOCE'I': No budget impact.
IU~COMMENDATION: Approve Ordinance No. 5-14-61
A.TTACHMENTS: Ordinance Nu. 5-14-61
;
'>A..-.--1'( /./ ~/ RI~VIEWI£0 BY CITY l\·1ANAGER:_i'/ IA/4-t .;?~tfi_/·
ORDINANCE 5-14-61
AMENDED AGENDA ITEM# 7H
JULY14,2014
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:
(a) The regular meetings of the city commission shall be held on the second Monday of each month.
(b) Scheduled 'Norkshops of the city commission shall be held as follmNs:
(1) In the months of January through November, on tho 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 the second or fourth Monday falls on a holiday, the regular meeting or scheduled workshop shall
be held on Tuesday immediately follo\\4ng 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 BEAC H
CITY COMMISS ION MEETING
STAFF REPOUT
J\GgNOA 11'1\M ff 8J\
JULY Ill . 20 14
AGENDA ITEM: Memorand w11 of Agreemen t Betwee n Cit y of Atla nti c Reach and North
Flori da Utility Coord inati on Group (NFUCG )
SUBM ITTED BY: Donna Knlu z nia k, Uti lity Di rec tol(i!!,;'
DATE: June 13,20 14
BACKGROUND: The St. Joh ns Ri ver Wa ter Mru1agemen t Di stri ct (S JRWMD) has been
und ertaki ng a water supp ly pl annin g p1·ocess, along wi th studies o r minimum fl ows and leve ls
(MFLs) for area lakes and sp rin gs. The Suwa nnee R iver Water Management Dis trict (S RWMD) has
a lso been workin g on th e ir wa ter s uppl y is sues. SRWMD is in the process of se tti ng MPLs lo r a rea
ri vers a nd spring s. MFLs are ado pt ed by th e Water Ma nage ment Di stri cts to preve nt harm to th e
wate r reso urces or eco logy of an area that cou ld resu lt from pe rmitt ed water withdrawals.
To accomplish th is work th e Dis tric ts use growtb proj ec ti ons, gro un dwate r and reso urce modeling
and other co mpl ex technic al meth ods to dcterm iine future gro und wate r availability and impacts of
wi thd rawals. Re sult s o f the Di s tr ic ts' Wate r Suppl y Plans and MFLs ca n have a hu ge imp act on the
City's futme wa ter infrastructure and cos t.
T he City Co mmi ss ion prev io usly approved a n agreement with th e NFUCG on June 8, 2009 and
upd ated the agreement in Dece mber 20 11 . This is a furthe r upd ate to the ag reement to encompass
current iss ues a nd projec ts.
T he No rth Fl orid a Util ity Coo rdin ati on Gro up (NFUCG) is co mp osed of eigh t utilitie s in No rtheas t
Florid a. Toge th er, we serve over a milli on people:
.I RA
Ci ty of Atlantic Beac h
Ci ty of Neptun e Beac h
City of Jacksonvi ll e I3 each
C lay Co unt y Util ity Authority
C it y of Ga in esv ill e
Town or Ora nge Pa rk
St. Johns Cou nty
These utilities fo rm ed th e NFUCG in order to speak as one voice to the Water Management Di stli cts.
T he gro up a lso sha res the cost for e nginee rin g and lega l ass istance to determine the most accurate
a nd reli ab le g roundwater reso urce projecti ons and to review policy activities.
A ll wa ter utiliti es p lace p rotec tion of our wa ter re so urc es althe highes1 leve l. Ye t wa ter uti liti es have
th e add ed responsibilit y of providing th e mo s t cost-effective prod uct to our custome rs.
/\GENOA IT I~M II 81\
JtJ J.Y 14,2014
In ord er to mee t th ese o bje c ti ves, th e group hired techn ica l ex petis to work wi th th e Water
Mana ge ment Di stri cts on th e Water Suppl y Plan, MFL s and oth er water iss ues . The NFU CG a lso
engaged legal ex pert s to adv ise us on polic y an d reg ula to ry iss ues.
J EA is de sig nated to admini ster th e co ntracts, usin g th eir exis tin g co ntinuin g eng in eerin g and lega l
co ntrac ts. Costs are re imbursed by th e memb er utiliti es based on pro po t1i onal annu a l ave rage da il y
n ows . Atl anti c Bea ch 's re imbursement will be 1.36% of th e total cos t.
BUDGET: Th e total annu al cost for co nsult anils is estimat ed at $835,000 tbr FY J 4 and $70 0,000 pe r
yea r for FY1 5 through FYl 7 . Atl antic Beac h 's reimburse ment p011i on wo uld equ ate to $11 ,375 fo r
FY 14 , and $9 ,536/year ove r th e nex t 3 year s. Fund s arc ava il abl e in th e Wate r Fund in the
Profess ion al Serv ices Accoun t No. 400-5502-533-3 100 ror th e current year and req uested fo r th e
comin g yea rs .
RE COMMENDATION : App rove th e Memorandum or Agree me nt bet ween J EA, the C ity of
Atl a nt ic Beac h, C it y ofNeptun e Beac h, City o£ J ac kso nvill e Be ac h, Clay Co unt y U ti lit y Authorit y,
C it y of Gain esvill e, To wn of Orange Park and S t. J ohn s Co unty to Assess Groundwater Reso urce
S ustai nab ility in No rth east Fl o rid a and a uth ori z e th e Cit y Mana ge r to s ign th e Agree ment.
AT TACHM ENTS : 1.
2.
NFU CG Summa r y o f Act iv itie s and Acco mplishm ent s
Memorandum o f Agreem e nt
REVIEWED BY CJTY MANAGER:_/1._.:......._...:~-~;::::w::::..::o....:...._~_~_L,__· --------
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
AGENDA ITEM II Xi\
JULY 14,2014
JEA will not charge OWNERS any addi tional fees for contract admini strati on. If any OWNER
fails to re imburs e J BA for it s percenta ge s ha re, interes t s hall be assessed at th e rate of 8% pe r
year. Tf an OWNER fails to pay it s percentage share for t wo (2) consec uti ve months, thi s MOA
shall be void as between JEA and such Defa ultin g OWNER. Defaulting OWNER sha ll
th erea rter cease to be a pmt of the OWNERS group, and shall not be entitl ed to attend a ny
me etin gs, have any vo le on matters, and obt ai n any informatio n or repo rt s prepared by
consultants. The Defaulting OWNER s hall con tinu e to be liabl e to J EA for payment of it s
percen tage sh are ofth e costs incurred, plus accrued int eres l. If an OWNER default s or separates
from th e group in accordance with para grap h 10, JIJA shall re-a llo ca te th e reimbursement
percentages set forth above, a nd eac b OWNER sha ll th ereafter be responsib le fo r th e revised
percentage or th e fees.
[n li eu of cost reimbursement, J EA may alllow OWNERS to provide in-kind serv ices, o n a case-
by-case bas is. a nd as unanim ous ly ag reed by OWNERS when sa id in -k in d se rvices have or will
dir ec tl y s upp ort and offset costs of th e Scopes w ithin th e limitation s o f the Total Cos ts Amount
in paragrap h 4 above and any approved additiona l services.
7. Notification. Correspo nd ~mee to J EA, project admin istra tion qu est ions, and
payment, as we ll as any other notice , sha ll be directed as follows:
Paul Steinbrecher, PE
JEA
2 1 W. C hurch St. T-8
Jackso nville, flor id a 32202
(904) 665-5653
stei nk @ jea.co m
Notices to a nd fr om th e other OWNERS a1nd vot in g sha ll be made by th e Followin g individuals,
or a desig nee of each respec tive OWNER, at th e add resses sho wn:
Donn a Kaluzniak
Utility Director
City of All antic Beach
902 /\ssis i Lane
At lantic Beach, Florida 32233
(904) 270-2535
dka luLni akf@c oab.us
Tom Morris
Execut ive Director
C lay Co unt y Utility Authority
3 176 Old Jennings Road
Middl eburg, Florida 32068
(904) 272-5999
tm orri sw 'c lav ut il it \'.orv.
Mark F. Greenwood
Pl an ts Division upcrvt so r
City of Ne plLm e Beach
20 10 Fo rest Avenue
Neptun e Beach , Florida 32266(9 04 ) 270-
2423
ml!rcc tlwood ur nctJtutt e-beach.com
Chuck Pavlos
Public Works Director
Town of Orange Park
2042 Park A venue
Orange Park, Florida 32 07 3
(904) 264 -7411
cpa \'lo sr@ tov. nor>.com
Page 4 of 14
Ty Edwa rd s
Publ ic Works Direc tor
City of Jackso nvill e Beach
1460A Shetter Ave nu e
Jackso nvill e Beach, Flori da 32250
(904) 247-62 19
tedw ards@ iax bchll .nc l
Rona ld Herget
Ass ista nt General Ma nager>
Water/Was tewater Sys tems
City of Ga in esv ill e
301 SE 4th Avenue
Gai nesv ill e, Florid a 3260 1
(904) 393-16 12
heme tr g((tlj!,ru .co m
Bill Yo un g
Utility Di rec tor
St. John s Co unt y
1205 SR 16
St. A ugustin e, Fl orid a 32084
(904) 209-2700
pvoun n'tvs ic tl .us
AGENDA ITEM IIIlA
J ULY 14, 2014
8. Modification . Thi s Ag re(;mcnl may be mod ifi ed o nly upo n mutu a l, writte n
agree ment sig ned by a ll of th e OWNERS.
9. Additiona l Parties a s OW NE RS. OWNE RS may be added to the Agree me nt in
the fut ure. Dec isions to add add itio nal OWNE RS will req uire a t Least a 5/8 (0.625) maj orit y vo te
of th e OWNE RS. tr an OWN ER is add ed, JEA sh all re-a llocate th e reim bur se me nt pe rcent ages
set fo rth in pa rag rap h 6 above, and eac h OWN ER sha ll th erea ft er be res po ns ible for the revise d
percentage of th e fees. OWNE RS may also ag ree to a ll ow parti c ipat ion of ot her entiti es in thi s
co ll abo ra tive e ffo rt with o ut beco ming an OWNE R and at no cos t, but only afte r un an imo us
agree me nt by OWNERS.
10. Separation. Any OWNE R may with draw fro m thi s Ag ree ment befo re
termin a tj on by g ivin g not less than 30 days ' written no ti ce to a ll OWNE RS. In the event of
withdrawa l, the withdraw ing OWNE R sha ll be res pons ible fo r it s s hare o r a ll services up to th e
date o f term ination plu s its re main ing s hare of ac tive pha se(s) of wo rk be ing pe rform ed und e r the
Scopes. Pay ment in f ul l fo r th e re ma ining balance shnll be du e within thirty (3 0) days o f
sepa rat io n. The withdraw in g OWNR R will no t be respons ible fo r cos ts assoc iate d with any
ph ases of th e Scopes no t ye t sta rted an d f uture cos ts fo r p hases not ye t s tarted wi II be
red istri buted among th e remaini ng OWNERS withi n th e lirn.jta ti ons of th e Ann ual Cost and
To ta l Cost Amount O WN ER a ll ocatio n desc rib ed a bove.
11. Ex ecution. Thi s Agreement may be execu ted in mul ti pl e co unterparts, each of
whic h sha11 be co ns id ered an ori gin a l doc um en t fo r all pur poses.
12 . Termination. T hi s Agree ment sha ll termi na te on Septemb er 30 , 20 17 or up on
th e co mpl eti on of U1 e Scopes, whi chever s hall first occu r, un less te rmin ate d earlier by th e
proced ures set forth herein . In th e event of termina ti on before co mplet ion of th e Sco pes, the
OWNERS sha ll be respo ns ible for the ir respec ti ve s hares o f se rvices pe rfo rm ed to the date of
termin ati on, and no compensat ion previous ly pa id for se rvices pe rfo rm ed in acco rda nce with thi s
Ag reem ent sha ll be refu nda ble by JEA.
F'age 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 BEACIJ
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: PLAT-14-00 100012 (Atlantic Beach Co untr y Club)
SUBMITTED BY: Jeremy Hubsc h
Bui I ding and Zonin g Direc to r
DATE: June 12,2014
SIRATEGIC PLAN LINK: Non e
AGI ~NDA ITEM II 8B
JULY 14.2014
BACKGROUND: The Atlantic Bea ch Country Club Spec ia l Planned Area was a pproved by the city
in 2013. Construction has a lr ea dy com menced on th e ne w clubhouse portion of the d e ve lopment
The dev e lopers a re now seeki ng to begin construction on th e residentia l co mpon ent of t he proj ec t.
They a r e now seeking to Plat Un i t 1 of th e project, which incl udes 17 homes at the southeastern
portion of th e deve lopment. The Plat Map submitted to t he city matches th e a pproved Special
Planned Area Mas te r Developm e nt Plan Map and SPA Text. City staff in the Public Wo r ks, Utiliti es,
a nd Buildin g and Zoning Depa rtm e nts have reviewed t he proposed pla t and have no outstanding
issues.
The city's Land Deve lopment Regu lations require that pla ts go before th e Comm un ity Deve lopment
Boa r d for a r eco mmendation, and then to t he City Comm ission for fin a l approval. This item is
scheduled for th e j une 17th Comm unity Deve lopment Board meeting, whic h i s after th e writi ng o f
this staff report. Staff wi ll inform th e co mmiss ion of th e Commu nity Deve lopment Boa rd's
recommendation at the June 23rtl workshop .
BUDGET:
RECOMMENOAT JON:
sub mitt ed.
ATTACUMENTS:
Dcvclopmen l.
None.
Approv<tl of Plat 14-001 000 12 (Atlantic Beach Country Club ) as
Co py of Proposed Unil I Plat fo r the Atlantic B each Co untry C lub
REVIEWED BY CITY MANAG im: _ _..-:__;/L-~::..::.....~--=~=-...;~cA~~..::;..u#«-----------
ATLANTIC BEACH COUNTRY CLUB UNIT 1 PLAT BOOK ___ PAG£ ____ --1
CAPnCfl
N.Ar -;c-.r"IIJ "'l' .. P ~ ,..>J.."f(,.:':J Otv LM'C. !JlJtiC o1H. ()!(' ,cr! :1'-0-")U~U/5 P[Pl.Af, 4-CCOf.?/}!W:. ro 7;-1[ ol'>uo1 t1<fi'(Q'""
AS Pf.OiitD IN;.,~ J' lK.'{X f9. ?'J.C£t;. ~~ A'.n !CA -Or 1Jn P'-J;J-..;( .'<'{CLN~ ':.lr \)ol""!;. (Q..','o(tr "1CRJH ,11'({)"' POr.~
(f !lC:'lVA' ~-~C~ ft. AWJ .;!:!"Cl'h:!N 1? .4~!-!1'1 ."C~,;.>.'P l' 5Q.I'h, 1'\"'l.JoiG{ ~~5 ':.J-57; LtJYJIL ::ol\.,rr; fi.J;;1ri{)), 6fN".;
J.•aq; (I..J.;( ~AP<t Y (X',;:';P'[)t'(} AS F~(--;:w;;::
~·f'•C•'·G ~T i1< .~'(Ji("J,C,Q,H CQR1V!Y QC LY r. l~tD.';f 9. ;£~,.-'...1 ~lilA .v'wlfh'CI !", .<UCf7"'{1'1,""" lfJ r,q q,.tT ';hCllf[(F
AS flf:':.OI'C£0 /.'( P....Jl fl!)l:X ..1?. ,.;cr ."1J Jr f'>.ll tvA.'r<:Nr P~:6\.-;;-~r;:\'10;i cr l'(.V'IL cor:~r-; t~JJP.IO~; ~·rm:r swn.
1.1'"';6'40" f,'ASr J.J..~'i "MC [A:ir[J'l.'r cr.t· Cf" SA'!': ~Q1 , "<!It; 'J'S" SDJ~IIU O.i'I"!'J~CN ~CJY. ~ :_t~.r A~.S(; ttfj.-.c,
rnr_-M:::nn-r N~r if ~.,·L.w[ w ;t.LVJ. ~.~ ... ;m;J. Dli"tl-r r .. t~ .~t,~r ~<rc-<r cr *'-"l'!," :--o'5~Ma-cr ?7o.J? ncr 10
n.c ;:r-ou.or y-r;.-t;.wN•""v.-r,.,tt".C!' WY'WJ./( scvn< rf"'6'-to• n:r .tJ.QJJC S:'lr'? 'PBrlfi~ r t?:~r or w:t"' t_.vt. tn!lll ncr,
nt.f:!C[ '5Yll'f# ~?"~4',j:J' WfST. l!dJC. <'lTT; ~Ci W,)IH'-1 t7·'U"J(J~ l.oif':>:~ • ..kiO'l' rrrr r.Yt;~C S0\!01'-,.,,..-_,. rte;r
9} J, '1rr .U ..I P{)ti.J' 0.< CJ~ L\-1 r.;r.t. (k." J W~>f" ~Y,..C.t rC ..,'91'< rrrl:ffl. ~; K-'ll'£ K51f.'\J. ~ ,.C.:~G ~ J..fiiC OF !>.Ai{J
C<.Jli'IC 'i-'ll'l'/l'IJ .0. fi.hX.t:i r)f' J!1:i VC' ~n:r AN)~ C{!'ll'VAJ. jJI.(;{,r or 4T4'0'JJ""; .1.:0,\$ .f"[CJ J.fiC ill!J.'C ';.>..•{(~N'..[;J k)Y I
Qol(li;D IJLAQf1ol; A'[) CJ9).1le£ (JF JIQR11J >J'7l'~;~ "'('$'~ J~. 1..;.1 ret~ T;;J A ¥<,.1;,•0 (Y <tnt:,;x Ct.RV.OIJ'l(' !Y ..oil C.!to'i"l'i:
CDI,'UI.{' ~~l"S'T:'"Jit'r'; r,.;t;-.(;£ 'IOFr-Ht'!.JCM.r~""'G X !ifC Qf 5S!Ll QP:''If. •. ~.J.~'l'•'fG .\ Ji;4f:41f'S ()> 0,00 !7Fr .J.}.I')
"'-Cl/>lo'l'M. ~1\Gtt:. W .Uit Zfr, J!',j:l Fi!T ,l,l,i) /.ll»>G :;t•OTTW::[.l (!.-A CJ'CR:> l'.C.l..liJ'If(; .uJ~ :;.-;~'"''rl' 7 .-...'"\"f',
!!'.f.J::to" 01."::':1 n.SJ ~TU TO .-~.\'~ 0! tWCE:'.I>:r;; ~f"CC ~OVrt< 7'1~,,r~ W!'ST. U) 76 ~'U_r 10 A P')Nr (T
~~rt.if.li: IY .ol C'",1""1r C~':AJC :><;t.Ji11[A'i;f'?l\'; 'f"'C!fa: .<.O.J?otMSlU!l' ,I,[_Q'./C r,-lf A.?C 'J> SAJ? OP;!',. /-<.olo'l._,~""
«:~ttJ-:: 7 r;:J,CO It!:~ ANO ,.-(l_"V~'At Hc.!.£ I)< ~,"':)9'C.5' • .;ltU;) Ff(1 .J.HtJ i1£!!<C. .:uGrtA..(>!'il' t)r' A W't.;R? ~_,.~w<l ""l{f}
?~SrJ.M.-'L cr WJ?< 7.~'Jd25' w-s:r ~"'.!1 r;J rur to"' P?J'o/'" or RC'f.R:i£ cv~ ...... ntf1E (I( .a C...tl'i'IC CO.':;.II'.'f IIOI'IM.R'.;;
/",>e£vct" IO{"~~r ;AC.IJII-; '1-f: ;1!/C Cf $,Ar{J C.)N\'f:. 'fAmJC A RAY.);> if JIO.IX' trr; A-OJ!:! A Cl~Trf)l .V.'O..I O.w :J~.,_.,.X":
\~7.:n rca M1t. MJrlr: ~v:m,.m B"f,.. '::i~ORO l;l£.vwc -LollJ fu/AAC.f r;r :a-;71'' 'J':'7"12'' ~sr r(J:J-.17 rcn m A
.til)'"';'"~· C"Jl/Pll.NO ll.»VATI.JM: oF .o. a;.?'1: .;(.>o',C.O..t;' .~,"l'f.l~rfA",_l'; JH!').(C£ (i(Wi)llffS'fili'l1 AICN'; ra.,.: .W:; -(J' ~o.O
.;ywr:;:, ;r_;w.,t; A RI'IGWIS ,Jr •·a.w nT• Af/iJ A CENWAJ. A"J"'~ N ?<.I'LI:'ll\1·, ;i1~~ . .tt! rtt:r ,J.N;J ~:; !UIT".'i>{'l? ti'T-"
0«'..1'(? t£11JnJJC: AJJ[) DST"-M-Y <Ji' ,\'<!'Z1rJ.J fN".JJ'::·• w:"st, ;;o.(J.q rc:r:; rk'" •. m::c :-.wnt <4:J?r;;r ~sr; r1.tU rLtr. nma
••<.)hr't' 46':..-r;;o'.J<:t• M:ST, JC.W n:T'~.; W:toC£ NC.Wnr 4J7rn~ E.<~S;: fJ'SO FtU <C .1 PO,'.IT Ool J CI..'PW< C~'C
if'C/<fit[IISTrffl."; -:hCI/CC. NCWrl.(l"fSfW,r 4l0\'C I}€ ..w::' CF .:<:A\D CL\JlK. H;Al.'N(; .-. ~~ 0' <11100.:<' fl,.;r V.-,:1""
L"'J'111J.l. .;,~a_.[ 0.~ 4':'1'';>>!;"', :1110 /af <Vo'() 9£'""'~ -:;..1$-i'CNU:O Of""" Ct/fJ«) fffl,W't'i; t'NJ" O'Sr.U.\f.'f: OF 1\'C.i?iJI 4-C?rl!~
•t:sr, .u rr FIT:r rc "'PO.h'r CF IAv16Cr.cr: tJJl'Jct VDPT'"I 4::nro2~ J.C:r. ::21-l'G m1". 'f14f.l::r :::tx•N ~,n•.,4 "f'Sr.
:'"ll..$04 ff(": :NtJ.'CE wur1-1 a.:~~·.x, .. llr"S"': ..1951 f"t.n r~ HQ;riH ~cr;r.r~· rrt:ST .,.,_til rrcr.: ff<l"iC£ vLFN
;•J~'O!)"' ~T, "n'11 "'U::r; 'htlo'CC .~·&r:-r C9:J"!'•T 0-sr. l'J..''J! n'!r. MNCL /l.'fR';J/ }..l'.lJJI>~ Al"~l; l'l :"') l'lCf;
n-tr/iC!' uORJ'I.( w,r:.:r w.:sr 2~.?!1 rr.rr. 'fH{No_" S':l!J!J.I 'J'!J'~-&J· ... f!ir; :; ~ F<.'r. TH£r-r:~; "f')fr'lH 1r.nnr ~
,~,:s1 rr:rr: ~u .<d>Pr<c( ~<~~?t'l:~ ....-.sr, ;tn.rt~ fTCr. T/f.Of'X ~;~rt-t :.5'J.1.J:;· tJST. 12.100 rrrr r,-<£J..Cr M;R"f.
$l<';:;~'Y.i" ~~r, !U.t".J ra::-P-elo'CI: N(W1H 7'5'J.!"X.•~ EASr; r;ro IX' rra. 1/-1EOJC.f !:.~.tN t4';1?'}!* f.A~ ';_ :,A~.· Fff':
~"!fU: swrn 11r:rt.r O!T. 2-LJ.!-7 rrf:': ~,.,u UI:',JTH .u._:·~~ ~~~ ~!4' rra. n<ru:r ~0!!1t1 o~nr'JJ' r..tsr.
:J~.S7 t:rn ro ol PO~r lf <\RV" /'loi-.V:£ or A ct.•!/ I.{' Gl:bi'CAO't' N'~ih'C.A~f'!:~<"i Y. TJft:~";[ S.X<~J.Sri"R." A~MC "M:,.;.,:::
Of' :;n~ GV!"\C n.-ITJ'OG .& H'4!1ru:1 CF ~o,oo rrrr AUJ .i ~.vv .. J. ~sa.r 15t' ..':'"'D:?c~. ?.:~-.n r~n ,Vf~ :KNiO
SWJrf,'VXD 9" A CJI('~:> ll':~r.v~><c. A<tt. .fl">~.A-"I';.f cr xv~ .s-,·~y..-5~ ~·.c-r. ur 4(! f!Ir ro , FOhr ~-Ct,~?tJMJ
UA..-A '/t.'d Co>-~ A q,wvr C'V'V::.-vt" N?i?f¥:8Lr, ThfY>,'O-~ OSr.:-ll'( J' .1-J._)/{( ,'?I[ A.J('.t -!1" S.lQ .::'...,..1'!:" >'lA "''-NC ,.t, RAb-u<; ff
;::S:LDJ /Tff Ai'tlJ .A CD.<!R$ol ~loiCt[ if ,l.t',fci.J.!l': fi-U:O rt=~ 11Jo"{l fJ,.J..,,q S:Vl"~"[? if:l' II Ol'r.l'\0 t/U..'UVG At<Q a:,H~K:£
{.11: NMTN lU?r'',)'*-i'>'l;_:, u-;; ~~~ rccr n:; A i'il'lofT X 't.i'l.t':KC£ CLWli,OL"tt-CF" A :u.'i'~ CCI.'CA~ so.J:'I-V..IS:ir"Rl"r:
7'f£#CC' .-.'C/':rN:ritJnt r l.lOIOG J<f( 41("( C)!" .54.0 Ct.-•ii!l[, M,IIIN; A P,.I,[)'/_;S 01' ;85 FC£1 MID .1 q:l.'tR-li ..-.'V...U: Cf'
t1":W"l1!: 12 U> •"UT ;UJ;) {)frO.((; S'JD-:b.';u;l} /0 I< V<:>l't' $!f.WJ"to; Hi[) (}r:ift4~C:( DF 'YOP11'1' );l:J;n-:,-(AS"i': J.JJ! Ff2~
T-(j,. "'')("; ~-r~a: . ..,~v.. NLr;<=r: r.r:nr;< :r:.J':LJ• OS! m rl! rur. 11·1£"1.\X '.I.:WN 1<:!'<1-S'J.~· ~'£ST. 10&.;~ n:.u I'IJ"'
f'(Vo TOr; .I W\'"\'[ ~C._~ 51XJl')flt£5T[P.. "': j,£J.I·o::E ~WP.'EAt;:Y~;t ~· A.lC/11"; ~'( .<1<1.; ,Y ~Q -tl..o'i'rf", t-A~'\; A iiACI-r.'S
CF 16$,Q.!J ~Tll .V.!J ..i C:~<'rr?AL .u.o.e;:.: C"" ~-r·'tl.l•, 'J.!,D? F[Cr Al'•O (){.~,t,'(; ~'9TfMF[J BY A CXCRJ BC.V:NIC IIW/J
",<;;!,.,/{(£ aF SOC.Trl tl'•IJ''tj~ fJGt T:/~.1! .>(£T l'J J O{l'.IIT :;If ._,,_.l£1;'SJ:: :u.~<,__.."~ U." ;. ;:-.:;-"'~ ~C~ ~,
/'.\'Jf?W£fll..nE:.in'" Ti~(AC[ 5'JU1J..(..I!"1F.P(I' ,1(;./IC 'f'H!. .4..J~C '){ ~A/.0 C!NI'C .,.-~"TlV(;' 4 F/6-[ltl'S CF Jt.~ a.:: r[[f 4'J'J J.
ell./,.....4. A\i~ U ,;---~dJt" ~f:,ll rc.=r •INO ID.'tJo'G 5lJIJffriC.CiJ i'H' A O<'Oi'W lfi;A~!"J\; ,MJJ 05-T..i.NC£: OF u:AJJN -"3"?J'of_f;4
EA:;i. 2.}1.1! .'"rrr TO~ Po.wr -:x rA·'~GC"'n: Tl-f(}J.C£ !lt:J:Jn, J"r.t.t~s'" c.-.sr. t;:~.u ~err, mc"';:c ·~Vfl:if-f vr~·ur· 11£5(,
-'?D? ~rr TH[f'.'Cf 1-,~t'J... "::" .... ',5!1• ('J.:sf .>J ;oq car IQ :'f'r P-:P-r-<f If N:J~r>i.-.wt;
::"IY OF .I. 7.AIITJC. GfACH ...lPP9CV...'-J
!'J\i~ ._. r,~ '"'"·') "~,··
O.:~f!Jfoi~ ,;:( .. tQn l'iC 6eaU~ Y'an1r:;,
f)y; __,.,..,, ____ ~-
rhs •• r .. cwfff)' ll'!,.t r!'!•J: pr.Jt ,_(J(. /l.<!-.. .. ~.~. ""'-·~..,r~J$""""' ~-"Q~ ~f ~ .. c'tf
G! ..<:-<;J..,....,.....,('. ,;;lo'rt:f C';o~·n():. f'.:rulc, PW:i"'4{\'tt (o 0'-c,r.t.,.-t:54, .'J>'e'/1~.--c.--.. (o;f~
cy __ ...,~~ ... --
~yf.!IV'l.:-ao,'-'£
c.;:"'a""" "'-""""·~ ~~
Co•« -~~-------··
Cl..£f.lj("'S C£R7JF/C.~ T[
:"!'v> !;> k ::;~'•\y t'>"r l't->;0 pi-;J( "VI~ t:..-ID1'1>'1"t' ;;"~<J :;po;o~ t>) 'fl'J OI.Y Gf
..nt .. lO'lotJI!. OJ--d C:)LmtJL FllJ.••f!.;:~. 0-~lf !li<t:>'rittr<'J 10 "'" ;~,... n>c<"Cb-'il <l"d •• ~""=""""
ir "b' 9'"'<:..1.--~_, , PCIJ'ff ----~~~-o( t"),-:;:ur,"f::'''l; "'JJt{,' RIK'7tf!l" of
Lo"'.J-rd C,)o,ntJ,. F,r;vM1r~ f~'" --~-.. ~i' i!>l ---···-~~-:!CJ<t
Dl.,47' CCNFORIA'fr REWtr'r
t:r---~--
£....,~··'r 9~.,
r,..,~ ,_"" · ... .,, "'"'"' n·oknr"'r: jf<•J :co1.,a n <O'Tll:l.-.;:;rr¢« "'~" _,liT! 1. :>(X)·~ i 1' .'. Fr&i1~
~lOf~.otn. f~rt _ .:J.:Jj :H ----~-·--· ~~tn4
S:J'\VEYOP'5 CERfiFIC4T::
"hili.;-ro D:U"tlJ t!lo' fl't1 ~1'(1 pJ"I <11 !l 'r"r :M-il ·c'"""d ,...,~.....,·co:">" oi r ..... :~~
~vr.,..,.("'T, "•'<:nr .... t -,...<) ''-:n<:•'tl-'1.: ~"Q...,, n .. t tl1:> ::l~rw1 •c::~ nCO!' ~n:J'•r l't'"' u~.,--~,V"~·~
fll!~(Q'11.ol\ll' &o!'CI>~ 'n" klll-<i"'"'~'"""'-fl>d !.,,. f'P>N>"<Y .-dd <;-(..-p<"t1< .-,.'h .:r .. .;>f ih'l!
'"''1'~·.:.-.......,.t• a',,. .. .-,_.~'1 St't~m :;,r,)pr.,. •?/. rror f"lrr'rra,..,.,r (<(r.""""""H' ii#'~Um..,.tr,
F"drr:>lltlf!',H ::olt1Tf0> ~torn(~ o!ll~~ !q ~""'1oll; M"' ~'"""' """"",..,~~d;., =~--~<1-::n~ .. •.<tt
0-or"'~ r'!i ('::n r s, Or:,::~t•u· 5.1-r/ ,, .t c: o....,.t -_;:fl'~f,VT t:'J<~_;,J ()ro-,,i,lu~., C.:..tt
"' ""'-~ O~l"'' J,•.dnO'>.,,...
ifMt(Jffo,) ...... ,. .. , ..
t'irxrt~<: Ho>,J.tr..-..., ~(t~a w.-... p
r>of ""'v>'ff" Ccr'VI>ilt..-r.o. :et:J
~B No 3M.?
,\DQOJI()N ~.vr.J 0£0/CA TlON
rtrirl~ 1" t-rrfvtr.ar .4rtAirt7C fJ£/.(1-f PA~"lrllP"i. u_:,"' ~ t...J.or,;•M t~m,~~ :.,_ iH>•"-I...t..--....-"' ""'" ,_.,., <:'f'f'V~ -t t"'r
qpf,o1 llw-t •VIC.., Cll' 4'l_IIN:-/C &.-J,.O·J C(A)V~!JY !:!J../0 i..NJ'f I 'N-.+t;r ..._.-ft.<>_.,.... f1• tot n«W.J'".' OWQ 1114H" .. (!(r.t Oh~ ;.Jet &lll.fn'/
~ ,;., k<!Yd...,,.-. ...:u. ,..,;,t 1Wr_...y ·~ .,..,...N.i' ~,....,. "'" " t,.....-.......c .:~f ~'1l f>( t"r-N'r >'<lf"hl'" A~' I'>~Gdi at{f _.nC(ld."'..CMIIf .Q;"t;Vl,.,.
...,,-.,........,,t;, (,_-"t;q-f ('JI fir'"'I!!:-a,oa;"t:.!f<7 l't>Jtr'nl!<>f<:ll ..n'c't 311Ci'l mrr"O"' O>'i'ft:l!olf(JI I.IW'l.C ~ 1'1# ~ ~ t<KA.J~•-. ~f ol .A:1A!.'l'I'C -9J'.,jo.-
f'r4l(:h.,':"$:;_ L~r;. <f.:P :w~ i;r.) ON>'U'l' Ull" . ..,~"""" _., ~~ ti~l .GIJ __,..,.,.,~,o 1-.. tJJIJ,., ""d.., .. _.,., -i-;t' ~ ~) 17Tr~,Y
~od.8l:f Uf<l ,.if,._,f l"t!J ...... ....:.J,_ d~'..-1 il>-i':;A a»<i-err~ (Y ... \V>(/..• ~"1-" 17111 /NFt/0~ il'HIYCC)l,/J CT--d •f.'~f ""'""'""~ C.'f'.-:O:f+<J
f<> u ... t<!yc.l.~;;r...-, n~ • .r~ ~~.c:t"~ ~ ~l'l/l.I.O.,CI'tJr-fl iJ"p ~"'to:J<JIICIII!Odt ·~~rt.~~. ·u $ .. ~,..,.~ -~ ~-'?-',. ,u...,.,.,..., I!''""' 'JV' ttr-11~ nJfil':!' trrolJ.'Wf!J. LCn'al"l!l'l.f .-'f,!'A't (Jut.rli! 'f~t ol ~J' ~ M'6!o,r r'Wt..x-..I:JJ" end •'14o.....t .--oro~ 'Jfft~or«t fll' r.'l-f ~5 11-t
Afi,...IJ:: 6111'~~.
fN:o's(' rr.:o""""""fl ~1):1<:lt..O <t-.1 • ... C01~£!'" 'JH> ~<n-"T "'''lli'I<':':'Mc'J.' ~>!-et..-<~ '<> .C"" :t# ..,,;:;...,,a":< v->1 .,_.,.... .. f91" '""' 11•HA1••""' lo'U" n
c-M~t.-.7'1 ~'~'"'' "8 M"t'i...-r""'-J<i .,....,,....cd ~.m.no. n.. .. -_ _,!"'"tr *MIT'~~ oZJ ·c .. -c-a11 'lu~y M•"":'"COI>\' attritt1tUI '' .(..t,. irg
""e.~""""" ~c '"~'' rv Ill' ~o;oo~-c~'"Nr!'!' UIJ(I rn (al).o\r'd•Jlo'l -.lfJ'I .r: ~~ .,..,._,~ tJ'lt"""'' :vo..;.J.,J ~-tAa',., """""'"e'
~··t.r•N .nar ll<t miOJtxr .,!"!., l':M:l' ~l!i-
r,.,..,.t~ "-'~' "'A-1'~ •,..-;r, 1!' "ll'-r-art! -c· tr~r ro~ Nt:to..,...o ~7 11'1• u'l~...,-..-o'tJ ll!u.U<""'-""~ tn<I,Ax <l'_.,.y-. •• p.~ ~~~-.
':rJC U'!ll'vrJV!Iffi o.,.« f_,..__, t.,_.. •14M t::. c.~"""ll 'ill• leo tJD.d ~·.-lo""" ~I'll "'"""~ """""'~~~ /m't7VC'I ' ~T ~on-· (J'h0:::.03titt'l
"" o1f'!..V ~...;.J .,..l.l:r M _.,, ""-""'·'.,..., o'l O:,..'rJ;.Ikn c.,-.........,... • ...,"""' 31.:' "f'.,...c;fiOoo'l f'"<rttf."o" ~ ~"'<r p.'Qf,
.,... .,;1,..u _ _..-:, ,..r~r·._ QC'Q~'l '"'~!m'll UG.. a-l'!rFJ'U !.n\"t!l\1'
:,i~.-:ru G)t"''PO'If •.... a:~ .::~p:w.1 '"~ o~rm<l '<:: ~ ll'm.r'-''~" :l"l<.6 ~--d.JJ.' ,1 --~·------------n:•
A .'IAN JIC EEAO, P,AA~gs, t.r__,-;
~lirr 1t("ll' J._'ctJh';; ~_(HN"·Y
•• tlfnfJl fiilckV "f''r;.!)'], -R~I!f
!1-.., Wco,-l'"""""o;>,Pfl'l'l'l'1f '(1"1'1."Q''Y Gf .,Q>:fl:l':<o'l'\lTIQ
.'1171:¥?ill'g 'k~:U
~JLJLIJLEJ.{;BJJ/il
.CQW.i[( f1[ DllVAt
!~. ;;·~·~--:~:"~,"'~~-:;~;;~o;:;.,:a~.:,t ~~-; n,·~-w~,.
a..._o;-.omf (O'tli!>~JI (./ .;,.u,t-«1.-iJ~ u """"'"V""JI ..W.,,.~N>o-c/ kl,..t;.c
g.,.,.,__., Po·h .. q. 41,:::', "n,..,<:r; ;...,o.f"11' {io:<t-111')' .;M'IfJ~~:J. Ql l:rtMr.Jf (l(
Cl't!! CQ'l:tl''!Ot,-,.,, ¥(!! q ~Gf!O,YJ-r.r.o-t., lr--#> .,-"""' pn:d>i~•'1 0
r:J>e~'! f;(Qi~~ ..,,. d<>r(.,.,ol,;,.,.
n-t~ ~& r., OMt;y l't<"t 11'1 .. J,J.~.tJ<·~ ~~o~ r.~ ....,...,""?'"" O?l lh" 1~-n-_ _.o..._.. _,.., ll't1'
'-¥'"""" ~~ 1-'hs ;:;J.a.l. ~ '-~y p;.:. "" ~4 ...,.,i"''"'! ra :ftl> ~rmK ~~ ro\1 J')!>G!'J (7'/rf
""'" kr '""" ,.-1':" .._.,..1/~ ~'1-.,.-m dt~~ .ooc:' )tv"l'' '1!1;'1 l'IW ml!fi'g'Uffl' ~ .,,
~-:-tK r.: toe" ~r;n:;:rkn.
lli..IL.QLJlmDA
~L..RV~
1'/ttl 'C"l!l)t)illtj, Htl'n'fll«T' .-:;tf ~ol-.J-tf-.!C'd',Nio' IJI!tlt;.n rr'tl UUI __
th:t !IJ ---~ '7014 t,Y "',...,_'""'"' p,,J-._, a~ .. ..,!tttXI.•m,l"
Rr.p'"".,...f~tl-.;cJ Copofry Ov' <'"~VlltX!g, LL{;, fftJ .:r p:r~.~ ll:.ec~
UJ 'I')C!' cr nor ,~,.,a a "'"l.tl"'ll' 1\..""""'.w ac .-.'f.!I'II}J\6)11<...-.
n.f~ '~ ~ eM•" .I V>-Jt tllw ~~ttpK' ~~ rr>• rro-t;ot>t;.'H 01 '1ll!> lert~r< 111/!ICI'o~ 0'1 '-"""
~,;w:.t/rJI'! o; !I'll_, r.lct.. """r flwYUtJI P" ., .a.,il u:,.,~• 1.: ff.<. .:vt.t<:.t""' o-! :o:r:o'a ""'"'' .:.r~-;1
p'a~ f<V t'IA ,.,,... cnoJ ~"·~ No-..:.~ <J<nc.-.trl -<t or-t"'<<: u--., ~· atu~ 11• ._,.,..,.,....,.(<> ...... .,.~1~
TQL 5RCS., ""C.
(;i([C"Nr""folo
DN!Xll. .'NCSCOt':' rou.. lmG:>. r.'l'C,
"" J~l!o"l\'rll -.;fe,·~~ t.,~ S.l)' <>! ,\r.J,;';><''<""N~. o> f"lq.r(<4 U~on-cc-~ Ca-;<(To:;('O'f'.
"''~ '"'"'~~ "'"''.,.. P~"'""''~ r~ ~~ ru~r::~ltl (m'1;: ------· rn-r :H WIIIJI',',:;,:; _______ _
-~~----J,"(j,~ol
CITY OF ....'ACJ.t:SC..\ \.'ll~
A f'"'<'Xi~() J.l,,,..-~ra• ·':"'1'.Y~~
1\f(,\~ fl'"r:;;....-r
Jl('~
SJAJJ:__Q[~
CGJ.:1iiLQG2JLulJ.
~I.I:Ar'IJ,',~-----
C,....,_...--::~t•O"> o;""'""''"'":r
!Pt'«~r oc-.•,1
(~PC.<i' ... I'IO!V ~.q;;------------
r~-oo ~~''"'':rt -rr-..•..,.1""1 .,...,.,-..:kftQrl'~(]t!J t:ti!'CJ'r ~ t'>': --.. -~
f<.'T l>f ----71}!. r!)' JJ,O/f '1TCiftf 0"'11/ ~,'i I( .M~dl'...,·, "· t~
V,_p., ,..,,: ::.....,~lio<> !'.....,.....-Ia-)' "~'t¥"o-dl"""'r ""-"</'1 <:'-" ~-:If ~f c(ta-
.;,.)' "'" ,'a-oo•l<;>~..-<'/1', <! ·~ M~~ro o'Xf'ponTfO'l. IIN:J 17f
;,llfff..I'"IJ(Y*":>-.'fl 'c ml'.
ZA'L!)[J~Ce!QA
~ .. G:.J2.J.!Y&
lb.,. ,.,.....,..,~ ~.,.v.,,......-.r ••·:~: rxt"nii"'~N ~fort rr-c ln::ti __
~hi :J( ---·-·-· 'Jilt,._ t:.y Gr">' "iliff<' lU JM.t..,_,. D)o•~.'M-!t <lf T<>i•
&-l'!t;:, lfu: .• 0"1 !<l>"!.tlf "'! i/11<1' ~t;.,.., H.. ,', ~.,.,..-,. Jnr>-""" r{,
..,..., <llf' ~ ?'~·t"'<:#Jt! ' ;!\'llrff"4 :n;;!IIH!l! t1S o\.1.fflfo-:lo:rr>or.
2: 't( CILJIIC<T $:.r.~·.
~,IL:n.U2
fr~
1) oo t.."UJU# p..,..;n.vtto'll Q,,.....,.,..,., AJ""""""'....,t s..~ .:>.c-s. "'" ~
7. • (ir!(l~U ,a...,.,,......,, fl~<:~ M(#'>,.;r-.M-/ l'ouN/ l',l.,; ~« ~<II~
J~ 0 ! ..... aas S.-t "-MIM"t CQI•,.-,.J _pc,;M
';, J.,.,..-ko<f·"' t.<>....J.,.., ';l21S 144l"r: ~ ,_,..,. "'W'(I?!'J !~i'Jftt ott Itt)' iA'lfr
·?f:Maf.aN~,;-::JrirfJ,
.i) " .,..':r!t~ __,,....,f>o J,c_, "'--~ '"ll" 'W'I"Itru-:ti,...,
n,rll'gfifl«'l. ""oii't(tn:l'l'lQ!! rn1 OOfi?!<CtJ of t.romor,;~• 5'ru:tL>"'"'.
!i(1i•;.,c ..,...,.t.:.oy ""'"'""' o(JI!t ~.mta ,..,_.......,.-:."""' ~-.-, .""'orl.hd
""',.._.. tJ-<Jt •ad coP'• tP1~,..~,.... ,~,, :;nfit ~"t rn-r,r~·
ri.'fr rtm f<rdttko !JI'C nrn<:o-1 o' on) 11t'~(lro'f. tli~lJ/'.11, :-t-~
V ~tllu-D~'lc: .. tlJIJI' .II Ru .,.......,, "' .;o!J.'., ;.._r.,,,.:~ ~'"'Y
~a<n<>~JI rr.• foc"ifino "' .,. p.,tl~ <.~tYity. If ..11-&1 ~ tOft</'
>T.JRI;:M;31,t/c ;~ t~c lfQ'r~<Qt:~.
~) c,.,.-ro,. _,.......,.,.,......,_ -.... rr~ 'Q"" ...C>"\ .•r::r onr .n ,;.;.nVf>r(\:n
-.lilt Ill' u~l".-vo:n' ~lnttn' OiBltltl.t'•<ll'l ~Yf~
•..4" ... -f:L: • <'<Jo'l,..t"!'l Jt"f"' f'OV~f HlaNITI'l"t:, lft-t~O:O flO::J-.::n'J
~-"e'Ta-n loll'$!J J"GOII'l.cfsd ty ,.,. ""'P""I.IIJ,.Tl<'-"U fbi.t ""'"'Y
1"")<"<» Itt.; .-.~ ~ ~~ o' ~;I ...,..,.,...eott by .J(A~
•.«:A-£:'o:g'fll.ll~!f1lUI"Iltn!...£A.rtff,:l!Jor(;fi("!~
!"',,.f-P'I'1<M-""t ...... ,..1>...,......,[.!' Wlidl De /1(;( ~ ·-... ~ ... "'
ted ~~l i>f ..£-" (1ft 'M'~'l.'QI' r:>' /1!1"-UJ!J .. /t~JI. Cole:'
o'Gn:tJCD;)h' '.J' /.Jt!f'm1'U.•tlr-!Wt W'"Jptl ln "l!ll'l,_ld\ liy XA <)t rho-
~M .:.f..-lt /.r.t .,...,..,. fr:,.. f"-w .._,.,.,..,• at"d rr1:jl'l~r ;,.f
on."" ,(tffV~ ..
}) ,-.!)TI"'"..£: ?l•Jl~JI<tf. on f.'PC':>rd."M! ;, ,f~ ~.oc ·~ • .o;r (""t
"'f.ccro ·tc~nt::''"-'1 ;~! l"'r g--~ofltidrM tCI'>:t: ~~ nli>'Wn
o."!-f'l fit)/ iol llol< t"' . ....-l'(ll'"m'err,:-.u• 1~ 1-UOf>J.WtM..,. u,AI'IOI·/ty l:.y
<»f ,Jh4., ~Jor<-,... <rip,'lr;' itTf"l ._~ M..; ;>lvt., OJ'PI"t~"'f\1'
'J>"W'~~ic "" r11<;1:Ld, ~tl ron_, o~ ;~ddtQ."lat ~.,;UIG1'JI'I!i ln:tl
OTll' l'l'd ~l:I/NJ .0' tii!J ,D'4f 1~(,1 11H"Y l-.f 1ooMi h (!>" ,..b)l.::
~a. o1 !N""' ~·r. f"lt;wf<Q"
lf) TM '~1<,_.. (.;n1 l:>p o.' 1;oanlr J,.,._, "VO'C""! <:otJpi":rJ .:l V'"'¥'>'"''~
~·-..,(<Tt""" ~ tflt!l .f"r~-<;.sut~ ,r.o,or.,,, :ma iXItt; n-~~ .'l101ftn'i1(
""" .:r.~Um ·"-:-t:uilt~ .ooo>t.'¥tiffl
P,) l.<>~ trv'ti/11;' "'1' rttQ (?J $!r-..rr n:tJt 11<::14' l<lll'l<·c-..-,Or :ro:-om:
!'nm ""lt (') .ttTGf.ll .,..Jf
JQ) Cu?'toat Jaw P."'lvdn 'hor "i.t< C(J('II.ffHI*>. "'v"'1-,-,.,~,.,: <>'
......-tJ\. .... u~~r r>l r..--.. ,..,. «>t""" (W>'I!'I' '"""' ~~r ll'~t'
I'N(,..YIIU(J ~~ n .. ).t'lldrct.o.'f-o! -'lam •'n-<~., o:<5 ~'<:111!1 .ron ,,..,!1
.lh\:11 .,f-"cvl 'N ,.,.,tloM ®I>J'>..:i vf ,?..-....,J Ca.mtr-<rr;/ all--
~~1-:KJ' ~~ ..,1("1 }l"~li"-'" fT..W .J~C!l ""'UQ"!~ II 'II"
tl'lt~ rotp(i(f~J:iUy al rl'" t~t IIWl'PI'. h'o ~~~ r ,.,<J flrt fJo'l fr/
:.",.171"'0J.,.'J II>";; .tcli"''' .., .• ,... .,.. -.f4ff-d <''"<0'<1 ... <Kq..J•'« ·~
.-.~""')' --tlfr.M Q)l....,l013 ~ 110 tl'l!r t~iJ:lMn; of t"cy ..;roll:
r/'1!:; -~ ,VJ'KafOIIO' fi.» Ol'Oa .aiM'd t-urfy "'-.!t.Y W
u..p--t .,...,<' ·w~lf.-.c.J 1~ -11m .. ~"' ~~ .. l>>" r .... ?($-""'LV•'!!~
~_,.....,.,.-~.
Tl) 1!>.,.. ....,_n....-($ ""'"<::__, ""'"""""' QMI 'J"fXT'<l":<! t!1 oro~WCI-f'd
~tt Fd'.a'( rl'frl« fC'(Miy u-'IV.tl3fO.;(I'(" iJj lf'y plt",..,-,....<H
.-rp•cwer.om~lll ..,.,m m-~y ~~~ ,,.,. "'" c# ,.,;.~ ~..,.,.., ~,,.,
""" Clly <::f ..A:t~...,.,..._ 'fM~ ~_.,,,.,.,.,t,;,.,. o' ""'~fl q"f! tr-ft
""~(tf.."'«!......,. N ·~1'«D. II:~& ~ !0>10ka::i,o;' lS p.,.-no'IJ"!R:o!O'
DJ;.! 'Jf.JO~c:t ,, rOWJ,.lO! li;, rfrfl' Cit-rot tM: t~...,.....J~.oo d ~-x:i-1 ro,,
"-1.,-Urc ~rrrQ..:I G'>t",A:>-rop•~•"'' c•' n,-;;'1 lti'JT'I<:.
1:1) ;All hi •.-. tkc.t ktj-p,q,.rcf """......,.., ,., .. ~<:>'>-•o<''~ •• ~1r:JtJf
CJJ!l-....-.. ;'1"1 I'"Q'tt;~
Ffr;Pil~UI"".
RICHJ.P.O A. MII.J.Dl k ASSOCIA rTS INC.
HP.Y£55:1{)f.1.4f. l"-<?.1 !"....'"~~$
sro1 Jr"Ao. s: 'lt.. wrrr R'Xl
),J,-(:j.'S<"J'M'__~, Fr_.")>f0). JUif
CU('IQ4) .'.il-:11.5.1!
mt::e'Hli<M (W)~) .~J<r~ ~~~.:-(J
AGENDA ITEM# SB
JULY 14, 2014
FS.O f/0.
(.)if" D[ Jlf:, 'J.OI.J[tv; NO OOO{J 'CC
ATLANTIC BEACH COUNTRY CLUB UNIT 1
B-:1'nq a pcriic:n Se-"t:cn S. Soctro,"l rs cna S~;=tic-,., ,;, :--cllft-:~·c; 2 5ov~i'. Rong~ 29 Eas·•. :J..JWJJ Cor.~rdy, Flc:>r'da
,~----~------
! 'l!MI!-1 ~-··
T~~~
~~Q ,I
~~:-
~IS-~
~~ ...
'< 'l.' ~
~ N'Z76't~o-w-..,
, .}~.ac· \
S7T44'55·w
2!i00'
N/12~&'40'111
JO_()()'
I
I
I
I
I
I
I
I
I
I
I
I -------1_ ____ -""'-~l...!::.:!..-~;;_::::...,~
~~:-:!"'~ St2l~·40'"£ ... u.~~;nrJ,:;~ ,---~-,_j
~~·~nr f .JO.OO' r:f;~J.' .,__POINT Or-!
<;«-~:.:;~ ~~::.~n: 8£GNNNG !
S£L ~':.4 ¥,ARINA J)RJI.,£ 1~;)Q' R/Y.' t
_ _j
DET.OIL 1 .. =50'
I
I ::J.._
I ~~~
I CA--f"ZJ'.zti"'--. ~~;
! R-~10.00' \ ;; ~
! L-:t.,e· \\ ?/:::~
\ CB~N~'2?4~~~x· \.., ;_
J 0,=31 .. 7 ~·z• 7«<;t\:.;j~
<W' !;4rr'
i CA.-29¥4'16.1
:>" .l)
1 R-41C.OO'
rL-:!72sa·
I CS..fi'E4'18'22·w
1 CH;~1oA:r
I
I
I
CA-.}f'•H'J8' ·
11-J1o.oo' 1
L-t8l.9/J' I
J-CB-0>83'271~"-t
<-" CH=rS-5.12'
~~;g~w--;·-.,_
L-28.69' .~ -1--~-~-----------~-
P B. ~10. PG. :?8
1C
I :
--·---L .. -----·.!_ ..
cs~S72'.J9"2!"W
CH-28.63'
·r-
CAa:::467t'2, .. --..,
fi'=95.00'
L=76.59'
CB-J/17Wlll1'"1'1
----~. ____ t;!!-74.5:!1
c,_~.,rt~o·J1.
R~J8$.rn·
L-J20.J6'
C6$N78'U'49"w
a.-J17 15'
I
, ; -CA-IJ'09'05' -r~ R-1s:;.oo·
. '< L-~2.-46'
<> ~ C8-117239'25"f: ~~ 5 CH=4-2.Jr ...
..;
llfO'#i'OZ'W
ro.o:r t.. c,
-::!l-4611'2/J'
.'?-15,.oa·
L-1.5J.!;2'
CiJ=S774C/:e·~
Cri•129.4S' ----~
()
s W2?'25" £ 271HZ'
PLAT BOQK ____ PAG£ ____ -l
!iH[~l ;: CF J 5'-ffffS
"I
I
I
I
I
I
I
J...
I
I
I
I
I
I
I
0 fiJt!
t:P~Fffr; 51.-ti'C tY IU.T :·..,,'A]'
---~-----------------~
S:I DE-AIL SHEET 3 OF 3
SEL L,.A M~Rifw'A U.'\if r NO.
"'.B 30, PG 29
BLOCI-:3
Cf.WDrX
ATLANTIC BEACH COUNTRY CLUB UNIT 1
B~iM) a pcrt,a'i S~!!o=:!ion B. Sec'i'Jfl i6 .cna Se:;-tJ[)t;; '7, ToNtUtu;; 2 SCJ~j/t •• Rang~ 29 £0$t. [;.uv:::: Ccrfl'1t_..-. F"""1cr·oo
CA-29'<4'!6'~
R-f10.CO' ,
L-2!2.90' \
CB•N6«"1Et22'"W \
CH=210.42" \....._
-CA•J..t '4rt.:!B .. f li=J!O.OO'
L=187.98'
C8aSIJJ'Z7'12•t;
Cfi•1e.5.rl'
(;1'\~.::~-~~·.JIJ"
.'?-2!.C.OO'
"-ISI.6G'
C9-J.'8.J'Z7'12"f
CH-149.29"
~
/
I
~
.,
l
l
l
I
I
I "'
C.A.:;:;-.JO:!.J-:28.
fl;J50.0C'
L-ZZ5.J5'
CB=-560'-f.J'·Ui"E.
CH-t2t.48'
_/
" c
"·CA~.l£126•
fi-4IO.Xl'
L-:JI.f8'
CB-1144 '27'i5'W
CH-Jr.ll'
i
I
\
\
\
\
' '-,
I
I
I
91.6:''
~
/58 g ~
~-~
~
~
g~ &5
)OOO' ::o :(J
s 1017'57' E ~47.sz·
g
3.
:3 ~
::!
PLAT BOOK ___ PAGi:_ ___ -l
?OCO'
fj6
I
j
I
j
:(
~
~-~
~
$
~
0 ••
8.~
~~
I
I
I
G.O.:lO'
ISl
SH':!:J';;::;•[
ii-0.•)0'
155
" ~ "' ~ ,.,
t!l!!-. o· TQ.;;KJ' :'l!t.;)O'
S 14'27'25' E 279.82'
l;tA
l!{•l!lt::11lr)m1Ult
:c'l # Cf..Jd ~ntcl:. CC0
J;uW;to~~o'4i1'.1l lZlll1
f} 1fr'--
I
--__ )
I
(
I
I
J:.R(,.:A9(D i}'r·
I'
i/ // I
/(
I
rsr
Rl~ A. JtiC.ER d-"'5:>'\?a.A i'ESi INC.
F'R~T$"$0/"0AA, ~~ ~"("~
tJ7D<" eo.D( aoo. sr..v'f pro
-"AC<;.c.,;,V"(.~(. It"""" J2,<'-'(l
fJI.X {90-f, 77I,.,,T~
';Ul~(':'D~)J;1~ . .<.."'!>
?S:J 'IC.
7TY G£V£J..DF-IIENT NO :A..>-::o QUO
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
ST.AFF REPORT
1\GEN D/\ ll'l~M II 8
J UL Y 14,2014
Contingency Contract Extension for Disaster Debris Removal Services
and Transfer of Contract from Byrd Brothers to Ceres Environmental
Douglas E. Layton , P .E., Director of Public Works
June 16, 2014
BACKGROUND: In 2011, the City awarded contingency contracts for Disaster Debris
Removal Services to Byrd Brothers as primary contractor and to Ash Britt, Inc. as secondary
contractor. The original contract was for three years and allowed for one renewal not to exceed
three years, with allowance to annually adjust bid prices at the Contractor's request by a
percentage up to the Consumer Price Index-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 Continuency contract and would be executed on an
emergency I as needed basis. No funds are appropriated in advance for disaster debris
cleanup.
RECOMMENDATION: Staff recommends approval of a three year extension for both
contingency contracts awarding the primarJt contract to Ceres Environmental Services , with
AshBritt as backup and authorizing the City Manger to sign the contract extensions and the
contract transfer agreement for the City .
ATTACHMENT: (1) Contract Transfer Agreement
REVIEWED BY C ITY MANAGER: '2~ t/ th:t d(td_.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:
SUBMlTTED B\':
DATE:
CITY OF ATLANTIC BEACH
CITY COMM ISSION MEETING
STAFF REPORT
90-0ay Ca lend ar for the Mayor and Commi ssion
1\0END/\ ll'EM II 91\
JI ILY 14 , 2014
Vvo•me Ca lverl ey, Exec utive Assistant to the City Manag1 C---
J unc 16, 20 14
STRATEGIC PLAN LlNK: None
BACI<GROUND: The 90-day ca lendar is included on the agenda for the purpose of settin g
meeting dates, determinJng the loc ation, time and whether or not to
videotape special meetings and workshops if the Commission desires.
The ro lling 90-day ca lendar will be revised after receiving input from City
staff and th e Commission and will be inc luded in each agenda for
consideratio n.
Special note:
• Budget WOI'kshops have been schedu led for the following dates :
Wednesday, August 13111 -Spm
Wednesday , August 20111 -5pm
BUDGET: None
RECOMMENDATION: Approve th e 90-0ay Calendar for July through September
A IT ACHMENT: 1) Mayor and Commission 90-Day Ca lendar (July through September)
CITYMANAGER: -u.v~_?~
July 2014
SUNDAY IytONDAY TUESDAY WEDNESpAY 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
(lnvoc -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
3 5 6
10 11 12 13
Commission Mtg
6:30 pm-Chamber Budget Workshop
(l nvoc-Hill) 5 pm -Chamber
(Videotaped) (Videotaped)
17 18 19 20
Budget Workshop
5 pm -Chamber
(Videotaped)
24 25 Commission 26 27
Workshop
6:30 pm -Chamber
(Videotaped)
31
7
14
21
28
1
8
Newsletter Due
(Mayor)
15
Due Date for
Agenda Items
22
29
2
9
16
23
30
;l>
0 (:01 rz -<~
-~ =i
rvtl"J 8"3::
.~>o:ll:
\0
;l>
September 2014
~stTNoAV---= .. ~-· ·.;i Mo~f }Ji ttEsbA'')·-~ .~~~~ty-~o~y ~
J
1 2 3 4 5 6
Labor Day
City Offices
Closed
7 8 9 10 11 12 13
Commission Mtg
6:30pm Newsletter Due Due Date for
(Invoc -Daugherty) (Mayor) Agenda Items
(Videotaped)
14 15 16 17 18 19 20
NEFLC Dinner
(Palatka)
21 22 23 24 25 26 27
Commission
Workshop
6:30pm
(Videotaped)
28 29 30