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7-14-14 Amended Items only CITY OF ATLANTIC BEACH CITY COMMISSION MEETING July 14, 2014 - 6 : 30 PM AMENDED AGENDA Call to order Invocation and pledge to the flag 1 . A. Approve the minutes of the Regular Commission Meeting of June 9, 2014 . B . Approve the minutes of the Special Called Meeting of May 27 , 2014 . C . 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. Acknowledge receipt of the Building Department Monthly Activity Report. B . Award the contract for concrete repairs for the Public Works/Utilities Department 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 A. ORDINANCE NO. 80 14 85, Public Hearing and Final Reading to 7/28/14 A a P.!• A _ A , . , _ . . D 1. _ - A _ IA , Al 1. _ _ RECLAIMED WATER SYSTEM, ADDING SECTION 22 365 CHARGES FOR * *Postponed B . ORDINANCE NO. 80 14 86, Public Hearing and Final Reading to 7/28/14 AN ORDINANCE AMENDING CHAPTER 22 UTILITIES , ARTICLE II, AMENDING SECTION 22 30 , PRIVATE FIRE PROTECTION SERVICE TO PROVIDE METHOD 1 OF MONITORING FIRE LINE USAGE; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE. * *Postponed C. ORDINANCE NO. 20 14 127, Public Hearing and Final Reading to 7/28/14 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1 , 2013 AND ENDING SEPTEMBER 30, 2014, AND PROVIDING AN EFFECTIVE DATE. D. ORDINANCE NO. 58- 14-38, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2 , ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS , DIVISION 3 , GENERAL EMPLOYEES ' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-268 , DISABILITY; AMENDING SECTION 2-274, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS ; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. E. ORDINANCE NO. 58- 14-39, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS , DIVISION 4, POLICE OFFICERS ' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-307, DISABILITY; AMENDING SECTION 2-310 . 4, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS ; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE . F. ORDINANCE NO. 15- 14-14, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPLEMENTING ORDINANCE NO . 15 -95 -7 ENACTED BY THE CITY COMMISSION ON NOVEMBER 13 , 1995 , AS AMENDED AND SUPPLEMENTED (THE "ORIGINAL ORDINANCE") ; AUTHORIZING THE ISSUANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2014, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $ 14, 000,000 TO REFUND THE CITY' S OUTSTANDING UTILITIES SYSTEM REVENUE; REFUNDING BONDS , SERIES 2004, UTILITIES SYSTEM REVENUE BONDS , SERIES 2010A- 1 AND UTILITIES SYSTEM REVENUE REFUNDING BONDS , SERIES 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 . *Amended G. ORDINANCE NO. 95- 14-108, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 9, OF THE CODE OF ORDINANCES , TO PROHIBIT DISCRIMINATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. *Amended H. ORDINANCE NO. 5-14-61 , Introduction and First Reading (TABLED on 6/9/14) AN ORDINANCE; OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES , ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC . 2- 16 , TIME AND PLACE OF REGULAR MEETINGS , 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 711 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 : 30 pm in order to meet Public Hearing Notice Requirements . 3 AMENDED AGENDA ITEM#6A JULY 14,2014 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Atlantic Beach Country Club Wooden Bridge Maintenance and Hold Harmless Agreement and Resolution No. 14-06 authorizing the City Manager to sign the agreement and any related documents. SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: May 12, 2014 STRATEGIC PLAN LINK: None. BACKGROUND: As part of the residential development for the new Atlantic Beach Country Club, the Developer, Atlantic Beach Partners, proposed constructing a wooden bridge to connect the east (Country Club) and west (residential) sides of Sherman Creek. This wooden bridge is a high end, structural bridge designed for full H2O (34,000 lb) truck loading. Because the City of Atlantic Beach does not have bridge maintenance capability, as part of the Building Permit approval process,Staff requested the Developer enter into a perpetual maintenance agreement with the City.As part of this agreement,the Developer (initially) and the Country Club will be responsible for routine inspections and maintenance to ensure bridge is maintained to its design life. Additionally, Section 9 of the agreement contains indemnification language that holds the City harmless for accidents or events resulting from the Developer's failure to maintain the bridge in safe and satisfactory condition. BUDGET: There is no budget impact to this agreement. RECOMMENDATION: Approve Resolution No. 14-06 authorizing the City Manager to sign the attached agreement and any related documents. ATTACHMENT: 1) Maintenance and Hold Harmless Agreement ABCC Bridge - Final Draft 2) Resolution No. 14-06 REVIEWED BY CITY MANAGER: AMENDED AGENDA ITEM # 6A JULY 14, 2014 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 T COUNTRY CLUB DEVELOPMENT REGARDING MAINTENANCE OF A WOODEN BRIDGE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 26, 2013 , the City approved the Ordinance granting the Special Planned Area designation for the Atlantic Beach Country Club to be developed by the Atlantic Beach Partners, LLC; and WHEREAS, Atlantic Beach Partners proposed to install a wooden bridge across Sherman' s Creek in the City Right of Way to connect the Country Club area to the residential area of the Atlantic Beach Country Club to maintain landscaped areas on Atlantic Boulevard and portions of Mayport Road; and WHEREAS, the City desires the Atlantic Beach Partners and Atlantic Beach Country Club to maintain the wooden bridge across Sherman' s Creek in the City Right of Way in perpetuity; and WHEREAS, the areas to be maintained by the Atlantic Beach Partners and Atlantic Beach Country Club are identified in Attachment "A" of the base agreement. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1 . The City Manager is hereby authorized to execute the Agreement for Maintenance with the Atlantic Beach Country Club and any related documents on behalf of the City of Atlantic Beach. SECTION 2. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 9th day of June, 2014 . Carolyn Woods Mayor Approved as to form and correctness: Richard Komando, Esquire City Attorney ATTEST: Donna L. Bartle, CMC City Clerk AMENDED AGENDA ITEM # 6A JULY 14, 2014 MAINTENANCE AGREEMENT 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 FDOT's Standard Specifications for Road and Bridge Construction ; (2) the Manual on Uniform Traffic Control Devices; (3) the FDOT'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 FDOT 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 FDOT 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 FDOT's Standard Specifications for Road and Bridge Construction ; (2) the Manual on U niform Traffic Control Devices; (3) the FDOT's Roadway Design Standards Index 600 Series; and (4) other applicable Governmental Law. B . If the Agency fails to perform MOT as required herein , the City, within its discretion , may elect to perform MOT at the Developer's sole cost and expense. Should the City perform MOT, the City shall provide the Developer with an invoice for the costs incurred by the City and the Developer shall pay the invoice in accordance with the " Payment" section of this Agreement. 7. PERMISSIVE USE This Agreement creates a permissive use only. The Developer shall not acquire any right, title , interest or estate in the Bridge by virtue of the execution , operation , effect or performance of this Agreement. 8. PAYMENTS TO CITY All City invoices submitted to the Developer for payment pursuant to the terms and provisions of this Agreement are due and payable within thirty (30) days of the date of the invoice (" Due Date") . Any portion of an invoice not received by the City by the Due Date shall immediately thereafter begin accruing interest at a rate of interest established pursuant to § 55 . 03 , Fla. Stat. , until paid in full . 9 . INDEMNIFICATION A. The Developer shall promptly defend , indemnify, hold the City harmless from and pay all demands, claims, judgments , liabilities, damages, fines , fees , taxes , assessments, costs , losses , penalties, construction delay costs / 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 AMENDED AGENDA ITEM#6A JULY 14,2014 Nothing in this Agreement shall be deemed or otherwise interpreted as waiving either party's sovereign immunity protections, or as increasing the limits of liability set forth in §768.28, Florida Statutes, as the same may be amended from time to time. 11. NOTICE All notices, communications and determinations between the parties hereto and those required by this Agreement, including, without limitation, changes to the notification addresses set forth below, shall be in writing and shall be sufficient if mailed by regular United States Mail, postage prepaid, to the parties at the following addresses: City: City of Atlantic Beach Public Works Director/City Engineer City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, FL 32233 PH: (904) 247-5834 Fax: (904) 247-5843 Developer: Atlantic Beach Partners, LLC Rick Wood The Wood Development Company of Jacksonville 414 Old Hard Road, Suite 502 Fleming Island, Florida 32003 904 264-6553 office 904 269-2729 facsimile 904 813-5647 cellular rwood(c�wooddev.net Association: Atlantic Beach Country Club Owners Association, Inc. The Wood Development Company of Jacksonville 414 Old Hard Road, Suite 502 Fleming Island, Florida 32003 904 264-6553 office 904 269-2729 facsimile swood(a�wooddev.net 12. GOVERNING LAW This Agreement shall be governed in all respect by the laws of the State of Florida. 13. INITIAL DETERMINATION OF DISPUTES The City's Director of Public Works/Engineer shall act as the initial arbiter of all questions, difficulties, and disputes concerning the interpretation, validity, performance or breach of this Agreement. MA with COAB-ABP/ABCC FINAL (04-21-14) Page 4 AMENDED AGENDA ITEM # 6A JULY 14, 2014 14. VENUE AND JURISDICTION 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 . MA with COAB-ABP/ABCC FINAL (04- 21 - 14) Page 5 AMENDED AGENDA ITEM # 6A JULY 14, 2014 21 . WAIVER 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. INTERPRETATION 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 AMENDED AGENDA ITEM # 6A JULY 14, 2014 Atlantic Beach Partners, LLC Attest: 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 AMENDED AGENDA ITEM # 6A JULY 14, 2014 EXHIBIT "A" (City of Atlantic Beach) PROPERTY LOCATION MA with COAB-ABP/ABCC FINAL (04- 21 - 14) Page 8 AMENDED AGENDA ITEM#6A JULY 14,2014 . ;-----!, ...., -.,=1..., i .1 04 -.. IL 1 :Ag © 1 la II - -1 WI 11- IIIP tz t. s-1-. g = ( 1 I Z • "'' -agi 1 i i z 2 I 11 g SI 1 I 11 I_ I gip I ;.T4 S gO i , sr- - t A 11 •I -_•.. " )011 I a I ii* -...$ .., ... I .. ... . 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AMENDED AGENDA ITEM # 7G JULY 14, 2014 ORDINANCE NO. 95- 14- 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. WHEREAS, the City Commission of the City of Atlantic Beach, Florida;. recognizes individuals within the City should be free from discrimination based upon race, color, religion, sex, national origin, sexual orientation, gender identity or gender expression; f WHEREAS, the City Commission of the City of Atlantic Beach, Florida, wishes to protect each citizen' s interest in personal dignity and to preserve the public safety, health and general welfare of the City; WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that it is necessary to amend Chapter 9 of the Atlantic Beach Code of Ordinances . NOW THEREFORE, BE IT . :ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE:;CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1 ''Regulation Amended. That Chapter 9 of the Code of Ordinances, of the City of Atlantic Beach, Florida, is hereby amended to read as follows : ARTICLE I . IN GENERAL Sec 9- 1 . Purpose . To promote a City where individuals are free from discrimination based upon race, color, religion, sex, national origin, sexual . orientation, gender identity or gender expression. Words stricken are deletions; words underlined are additions. ORDINANCE NO. 95- 14- Page 1 of 19 AMENDED AGENDA ITEM # 7G JULY 14, 2014 Sec . 9-2 . Definitions . Whenever used in this chapter, the following words and terms shall have the following meanings unless the context necessarily requires otherwise : Aggrieved individual shall mean any individual who claims to have been injured by a discriminatory practice. Discriminatory practice shall mean any practice or act made unlawful or which is otherwise prohibited by this chapter . Dwelling shall mean any building, structure, or portion thereof which is occupied as, or designed or intended for .,occupancy as, a residence by one ( 1 ) or more families, and any vacant land which is offered for sale or lease for the construction or location of any such building, structure or portion thereof. Family shall include a single individual . Gende r:;expression. shall mean an individual' s gender-related appearance and behavior, whether or not that gender expression is or is perceived to be different from that traditionally associated with the individual' s assigned sex at birth. Gender Identity 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 birth. 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 companies, trust, unincorporated organizations, trustees in bankruptcy, 'receivers, and fiduciaries . Places of public accommodation shall mean any establishment, service, place or building which: offers, sells, or otherwise makes available to the public any good, :service, :facility, privilege or advanta •e . The followin • shall -not be1 ;considered " laces of sublic accommodation: private clubs or establishments not open to the public other than members of the club or establishment, and facilities and accommodations owned or operated by religious organizations, associations, societies, or non-profit organizations operating or controlled by a +religious organization, where the facilities; and accommodations are made available to members of that religion but not to public . Religious organization shall include a religious corporation, association or society. To rent shall include to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. Words stricken are deletions; words underlined are additions. ORDINANCE NO. 95 - 14- Page 3 of 19 AMENDED AGENDA ITEM # 7G JULY 14, 2014 Sexual orientation means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. Sec . 9-3 . Prohibited conduct. Subject to the exceptions set out in this article, it shall be unlawful for any person to do any of the following acts : ( 1 ) No person or employment agency shall directly or indirectly discriminate against any individual in hiring, classification, grading, discharge, discipline, compensation or other =term or condition of employment because of the individual's race, color, religion, sex, national origin, sexual orientation, gender identity or gender expression. (2) No person shall discrnnmate against any individual in any as sect of an credit transaction or in an terms and conditions of bonding because. of the individual's ::;face, color, religion, sex, national origin, sexual orientation, gender identity or gender expression (3 ) No person who owns, leases, rents, operates, manages or in any manner controls a public accommodation shall withhold, deny, curtail, limit or discriminate concerning the full use of such public accommodation by any individual because of the individual's race, color religion, sex, national origin, sexual orientation, gender identity or gender expression. (4) It shall be unlawful for a person to retaliate or discriminate in any manner against an individual because such individual opposed Words striek-en are deletions; words underlined are additions. ORDINANCE NO. 95- 14- Page 4 of 19 AMENDED AGENDA ITEM It 7G JULY 14, 2014 a practice prohibited by this chapter or prohibited by existing federal or state law prohibiting discrimination; or to retaliate or discriminate in any manner against an individual because such individual has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding, hearing or conference under this chapter or under any federal or state law prohibiting discrimination. (5) It shall be unlawful to coerce, intimidate, threaten or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter. Sec . 9-4 . Complaints ( 1 ) An aggrieved individual may, under this article, file a coin s laint with the .Ci Clerk and re' uest a hearin • before a special magistrate within sixty (60) days to determine if the alleged person 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 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 . a ' unitive dama •es 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. ORDNANCE NO. 95- 14- Page 5 of 19 AMENDED AGENDA ITEM # 7G JULY 14, 2014 (2) Either party may appeal the decision of the special magistrate by commencing a civil action in a court of competent jurisdiction provided, however, that such civil action must be filed no later than one year after the discriminatory practice is alleged to have been committed. (3 ) If, in a civil action commenced under this article, the court finds that a discriminatory practice has been committed or is about to be committed, the court may issue an order prohibiting the discriminatory practice and providing. `affirmative relief from the effects of the discriminatory practice including, but not limited to., a temporary or permanent injunction or otter ::equitable relief, a temporary restraining order, an award of actual damages, including back pay, punitive damages, an award of reasonable attorney' s fees, interest, and costs, or other such relief as the court deems appropriate . Sec . 9- 5 . Exemptions Nothing g in se ctions 9- 1 through 9-4 shall apply to : ( 1 ) Sovereign immunity : (a) Pursuant to Article X, Section 13 , Florida Constitution, nothing yin this chapter shall be deemed to be a provision for bringing suit against the state or otherwise be deemed to be a waiver of sovereign immunity. (b) Nothing in this chapter shall be construed to prohibit any sovereignly immune entity from adopting its own internal policies and rules to prohibit discriminatory practices and acts and to Words stern are deletions; words underlined are additions . ORDINANCE NO. 95 - 14- Page 6 of 19 AMENDED AGENDA ITEM # 7G JULY 14, 2014 resolve allegations or complaints of such discriminatory practices and acts to the extent allowed by law. (c) Nothing in this chapter shall be deemed to modify, impair, or otherwise affect any other right or remedy conferred by the constitution or laws of the United States or the State of Florida, and the provisions of this chapter shall be deemed to be in addition to those provided by such other laws . (2) Religious organizations : This article shall not apply to a' ;corporation, association, educational institution, or society that is exempt from the religious discrimination provisions of Title VII of the Civil Rights Acts of 1964 pursuant to section 702(a) of such Act (42 `IJ. S .C. 2000e- 1 (a)) , or as such section ,may hereafter be amended. For purposes of this chapter, such corporations, associations, educational institutions, or . societies shall include religious corporations, associations,. educational institutions, or societies which condition opportunities`° in the area of employment to members of that religious < corporation, association, educational institution, or society or to persons who subscribe to its tenants or beliefs . (3 ) Employers : Notwithstanding any other provision of this article, it shall not be a discriminatory practice under this article to take or fail to take any action based upon the individual's race, color, religion, sex., national origin, sexual orientation, gender identity or gender ex ression when a bona fide occupational qualification is reasonably necessary for the performance of employment to which Words stricken 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 termination of employment when the individual applicant or employee has failed to meet bona fide requirements for the job or position sought or held, nor shall this article preclude such physical and medical examinations' of applicants and employees as an employer may require of applicants and employees to determine fitness for the job or pp em to P y position sought or held. (4) Businesses : This article shall not apply to ;. a corporation, professional association or business that employs fifteen ( 15 ) employees or less . (5) Rentals This article shall not apply to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more thaii four (4) families living independently of each other, if the owner actuall maintains and occu • ies one of such livin • quarters as his residence . (6) Public Accommodations : This article 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 defense to any criminal act, prohibited by local, state or federal laws Sec . 9-7 . False Claims If a court of competent jurisdiction finds that an unsupported claim was filed b an individual claimm • to be an .a • • rieved * art the party required to defend against the meritless , claim shall be entitled to attorney's fees and sanctions pursuant to Section 57 . 105 , Florida Statutes. Secs . 9 1 9 15 , Reserved, , Secs . 9-8—9- 16 . Reserved. Words stricken are deletions; words underlined are additions. ORDINANCE NO. 95- 14- Page 9 of 19 AMENDED AGENDA ITEM 11 7G JULY 14, 2014 ARTICLE II. FAIR HOUSING Sec . 9 16 . Definitions . • • • . . • : . . _• • • . have the following meanings unless the context necessarily requires otherwise : Dwelling shall mean any building, structure, or portion thexeof ' : • . • • , a . . : a • • • • a • • • • . • a a � : ' . : • . • • . . • . - . • • • • • • : • • . • . - . . . - S . • ' - . - . . - a • • . V . • . • . . , a : . • V , partnerships, associations, labor organizations, legal - • , : • • • • unincorporated organizations, trustees in bankruptcy, receivers, and fiduciaries. ,- - • a • ' , • . . ' , a a . . • a • . a W. ' . : • • •: ' .. a . p 0 . . ' : -by the occupant. Sec,,,9- 17 . Prohibited conduct. Subject to the exceptions set out in this article, it shall be unlawful for any person to do any of the following acts : Words stricken are deletions; words underlined are additions. ORDINANCE NO . 95- 14- Page 10 of 19 AMENDED AGENDA ITEM # 7G JULY 14, 2014 ( 1 ) To refuse to sell or rent after the making of a bona fide offer to do so or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, sex, religion, or national origin, sexual orientation., gender identity or gender expression. (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, color, sex, religion, or national origin, sexual orientation; gender identity or gender expression. (3 ) To make, print or publish, for cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on, race, color, sex, religion, of national origin, . sexual orientation, gender identity or gender expression or an 'intention to make any such preference, limitation or discrimination. (4) To represent to any person because of race, color, sex, religion, or national origin, sexual orientation, gender identity or gender expression that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available . (5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a Words str-ielcen are deletions; words underlined are additions. ORDINANCE NO . 95- 14- Page 11 of 19 AMENDED AGENDA ITEM # 7G JULY 14, 2014 particular race, color, sex, religions or national origin, sexual orientation, gender identity or gender expression. Sec . 9- 18 . Multiple listing services . It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers organization, or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership or participation on account of race, color, sex, religion= or national origin, sexual orientation, gender identity or- _gender expression. Sec . 9- 19 . Educational activities. The city manager is authorized and ;;directed to undertake such educational and conciliatory activities as in his judgment will further the purposes of this article He may call conferences of persons in the housing industry and other interested parties to acquaint them with the provisions Hereof and the suggested means of implementing this article The city manager shall further endeavor , with the advice of the housing industry and other interested patties, to work out programs of voluntary compliance and may advise appropriate city officials on matters of enforcement. The city manager may issue reports on such conferences and consultation as it deems appropriate . Sec. 9-20 . Complaints . (a) Any person who claims to have been injured by an act made unlawful by this article or who claims that he will be injured by 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 within one hundred eighty ( 180) days after • - _ - . . - . • . - . . . • • - - • and shall contain such information and be in such form as required . a ' . •_ . • - a -a An•• • • ,• • • shall promptly investigate it and shall complete his investigation within fifteen ( 15) days . If the c ' • • • : - - : - = • - :• : - • • • • . • • : - •• • - • . AS • • • V a • - : - to prosecute an action in a court or board of competent jurisdiction - a . writing. : _ .1 t, the aggrieved person and city nanager, within fifteen ( 15 ) days • - - . - : - : - . : . - - a aa :- . .no aa • • . • a a . • • Ma a• .r > awe • - • • • • : • - V - V- - - • . - • • • - offense. ( 1 ) An aggrieved individual may, under this article, file a complaint with the City Clerk and request a hearing before a special magistrate within sixty (60) days to determine if the alleged person 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 attorney's fees, interest, and costs, or other such relief as the special magistrate deems appropriate . (2) Either party may appeal the decision of the special magistrate by commencing a civil action in a court of competent jurisdiction provided, however, that such civil action must be filed no later than one year after the discriminatory practice is alleged to have been committed. (3 ) If, in a civil action commenced under this article, the court finds that a discriminatory practice has been committed or is about to be committed, the court may ;'issue an :order prohibiting the discriminatory practice; and providing::: affirmative relief from the effects of the discriminatory practice including, but not limited to, a temporary ,,br :, permanent .Inj unction or other equitable relief, a temporary restraining order, an award of actual damages, including back pay, punitive :'damages, an award of reasonable attorney' s fees, interest; sand costs, or other such relief as the court deems appropriate Sec 9= 1 . Use of remedies of this article, other remedies . Nothing in this article requires any person claiming to have been injured by an act made unlawful by this article to exhaust the remedies provided herein; nor prevent any such person from seeking relief at any time under the Federal Civil Rights Acts or other applicable legal provisions . Words stricken are deletions; words underlined are additions. ORDINANCE NO. 95- 14- Page 14 of 19 AMENDED AGENDA ITEM # 7G JULY 14, 2014 Sec. 9-22 . Discrimination in the financing of housing. It is unlawful for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise the business of which consists in whole or in part of the making of commercial real estate loans to deny a loan or. other financial assistance to a person applying therefor for the puipose.,of purchasing, constructing, improving, repairing, or maintaining: a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions .of such loan or other financial assistance, because of the race, color, religion, sex, or national origin of the person or of any person associated with him in connection ,with the loan:::oxother financial assistance or the purposes of the" loan or ,other financial assistance, or because of the race, ,.=;color ;„:Aex, religions or national origins sexual orientation, gender identity or gender expression of the present or prospective owners; lessees, :tenants, or occupants of the dwelling or dwellings relatidn to which the loan or other financial assistance is to be ?Made or given. Sec. 9-23 E*emptiotiA (a)-Nothing rnj'sections 9- 17 and 9-22 shall apply to : (1 ) Anysrngle-family house sold or rented by its owner, provided the private individual owner does not own more than three (3 ) four (4) 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 # 7G 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 th ;four (4) single-family houses at any one time . The sale or rental of . any single-family house shall be excepted from the application of this article only if the house is sold or rented: (a) Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman or the facilities or services of any person. in ;the business of selling or renting dwellings, or of any employee` `or agent of the broker, agent, salesman, or person; and (b) Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of section 9- 17(3 ) . Nothing in this provision shall prohibit the use of attorneys, escrow agents,; abstractors, title companies, and other such professional assistance as is necessary to perfect or transfer the title. (2) Rooms `or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence . Words stricken are deletions; words underlined are additions. ORDINANCE NO. 95- 14- Page 16 of 19 AMENDED AGENDA ITEM # 7G JULY 14, 2014 (b)-(3 ) For the purposes of paragraph (a) this article, a person is deemed to be in the business of selling or renting dwellings if: ( 1 ) (a) He has, within the preceding twelve ( 12) months, participated as principal in three (3 ) or more transactions involving the sale or rental of any dwelling or any interest therein; (2) (b) He has, within the preceding twelve ( 12) months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or (3 ) (c) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families. (c) (4) Nothing in this article shall prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a;_religious organization, association, or society, from limiting the sale, rental, or occupancy of any dwelling which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion in restricted on account of race, color, or national origin. Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the Words stricken are deletions; words underlined are additions . ORDINANCE NO. 95- 14- Page 17 of 19 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 interfere with any person in the exercise of, or on account of his having exercised, or on account of his having aided or encouraged any other personn the exercise of any right granted under this article . This section may be enforced by appropriate civil action Sec. 9 25 . Violations . • A A - _ - : an offense and upon conviction shall pay a- penalty of not more than fifty dollars ($ 50.00) for each offense Words stricken are deletions; words underlined are additions. ORDINANCE NO. 95- 14- Page 18 of 19 AMENDED AGENDA ITEM # 7G JULY 14, 2014 SECTION 2 . Conflict. If any portion of this ordinance is in conflict with any portion of any other ordinance, then the provisions of this ordinance shall govern. SECTION 3 . Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance . SECTION 4 . Effective Date . This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of 2014 . PASSED by the City Commission on second and final this day of 2014. CAROTYN WOODS , IVlayor, Presiding Officer ATTEST : DONNA L . BARTLE, City Clerk Approved as to form and correctness RICHARD KOMANDO, City Attorney Words stricken are deletions ; words underlined are additions . ORDINANCE NO. 95- 14- Page 19 of 19 AMENDED AGENDA ITEM # 7H JULY 14, 2014 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ordinance No. 5-14-61 : 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 regular meetings. SUBMITTED BY: Nelson Van Liere, 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 ensuring 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 purpose.has not been used for this u ose. 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 categories. The process would be to place the appropriate items on the agenda under • #8 Miscellaneous 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 Unfinished Business section of the Agenda Outline. 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 foiniat 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 : 30 p .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 shorter agenda and the expectation of doing City business two nights a month should streamline the process for everyone. BUDGET: No budget impact. RECOMMENDATION : Approve Ordinance No . 5- 14-61 . ATTACHMENTS : Staff Report dated April 18 , 2014 Agenda Preparation Guideline Chart Ordinance No . 5- 14-61 REVIEWED BY CITY MANAGER- e i AMENDED AGENDA ITEM 4 7H JULY 14,2014 Agenda Preparation Guidelines Item Purpose Requires Special Requires a Advertising Public Hearing for CC meeting? Approval of Minutes Approval of Minutes Action No No Courtesy of the Floor to Visitors Courtesy of the Floor Informational- No Action No No Presentation Informational- No Action No No Proclamation Ceremonial- No Action No No Unfinished Business Miscellaneous items carried Action Varies Varies forward from the preceding meetings Consent Agenda Monthly Reports Acknowledge Receipt No No Quarterly Report Acknowledge Receipt No No Annual Report Acknowledge Receipt No No Written Report on a specific Acknowledge Receipt No No project Declare Property Surplus Action No No Award initial contract for Bid Action No No Award RFP Action No No Extend Contract when allowed for Action No No in the current terms. Committee Reports Committee Report Informational No No Appointment of members to a Action No No standing Board or Committee Action on Resolutions Resolution Action Varies *(1) Varies*(1) Action on Ordinances Ordinance Action Yes*(1&2) Yes *(1&2) Miscellaneous Business *Use-by-Exception Discussion Yes * (3) Yes *(3) *Waiver Discussion Yes*(4) Yes *(4) Approval of Contract with Discussion No No significant importance and value Establishing an Ad Hoc Committee, Discussion No No then appointing its members City Manager City Manager Report Informational No No Reports and/or Requests from City Commissioners and City Attorney Announcements Informational No No Revised 7-2-14 Page 1 of 2 AMENDED AGENDA ITEM # 7H JULY 14, 2014 Agenda Preparation Guidelines *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 ( CDB) meeting so the CDB 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 (CDB) 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. 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 . Notes : Variances are handled through the Community Development Board (CDB) 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 of the City Code allows for the mayor-commissioner, city manager or a majority of the 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 HUM ii 7A H MAY 12, 'Ol4 CITY OF ATLANTIC BEACH o CITY COMMISSION fISSION Ibl l TENc; STAFF REPORT Q 9 AGENDA ITEM : Ordinance No. 5- I4-61 : Amending Chapter 2 of the Code of Ordiiianccs, Adniinistraation, Article It , City Commission, See. 2 - 16, Time and Place of Regular meetings, to provide For two regular meetings . SUBIVIF1"FE+� C) BY Nelson Van Liere, City Manager Cisii DATE : April t8 , 2O14 BACKGROUND : On April &tit , 2013, the City Coimiission approved Ordinance No . 5- 13 - 58 amending die Code to replace one of the two scheduled niectings per nlontli with a workshop . This was clone as a trial to address complaints from the public that there was not enough time for citizen input on the agenda items bet ire: a vote. By worksltopping the upcoming agenda , citizens have more time and opportunity to be heard on all items before a vote is cast . Staff has worked very hard to make the transition into the one meeting a month schedule successful , However, implementation or this new schedule has been extremely difficult for staff. After careful consideration , we believe we have come up with an alternative that will address everyone' s concerns . Below is a Iist cifu nintended cause mates that_ have been a challenge to staff since the inception of a oiiO nieetirig ) er month schedule. 1 . The agencfas ..ar•e roughly twice the size. This by itself would not seem to be an issue. Please consider that each item is important and is the result of stalls hard work. The entire agenda must be indexed and paginated , copied and bound , scanned and uploaded, distrllluted and linked to web pages . 2. Meetings are twice as long. A direct result of the lengthy agenda is that the meetings take twice as long because there are twice as many items to discuss . 1 The bureaucracy added to the._f proval process slows the approval of routine items down . For many important items, we recognize it is importauit to slow down and hear comments more than once . Routine items, however, are held up in the same timeline and .arc not able to move forward despite little or no comments from the citizens. Consent items lake only a few minutes to pass in the meeting, but a full three to tour weeks to go through the entire approval process . 4. Staff preparation seemingly .never ends. As staff prepares for Commission meetings, WC write proposals and research a tremendous amount or information in preparation for the meeting. Items of routine nature are discussed twice, more important items four times and sonietinies, ifdeferred or as the result orate initial proposal that led to the action , the agenda item may need to be fresh in our minds for six weeks as new items accumulate, We !iced to be able to take action and move forward . 5 . Every Aoencla has been amended , Since the inception of the one meeting schedule, we have had numerous special called meetings and every workshopped agenda has been amended . As staff tries to !Hake progress on projects or contracts, we sit and writ through long workshops where no action can be taken , there was no discussion or comments and yet we must wait another two weeks For an approval . x AGENDA ITEM # 7A MAY 12, 2014 N 6. Ordinances require an additional month for approval. Ordinances set policy and z require two meetings to approve. This is by design a method of seeking additional public input. a 7. Workshop format places the Commissioners on the floor for round table �z discussions. This helps, but almost every meeting there is a special called meeting. This requires the cameras to be arranged differently and the sound system is not as good due to the failure of Commissioners to speak into the mic. We have had numerous complaints about the citizens not being able to hear the Commissioners when they are seated in the workshop format. The public gets confused about whether they are going to get action on an item or not. Staff is unsure in some cases whether the invited speakers should come to a workshop, Commission meeting or both. 8. Fear of missing an agenda deadline is real. Staff strives very hard to meet deadlines. With only one meeting, the consequences of missing an agenda deadline means either waiting another month for approval or requires that a special called meeting be scheduled. 9. The meeting of most importance to the citizen is the workshop, This is where the discussion takes place and this is the meeting the Commissioners need to be best prepared for. The agenda is received two to three business days ahead of the workshop. Of course they can prepare over the weekend and have four or five days max. This gives commissioners only a few days to meet with staff to get questions answered and we are busy getting ready for the meeting too. Solution: The solution being proposed is to return to two regular meetings a month, move the agenda deadline up to allow for publicizing the agenda a minimum of 10 days prior to the meetings, and start the meetings 30 minutes earlier. Below are the reasons this approach would work in reference to each of the above items . O 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 5 : 00 a.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. O 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. O 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. O 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 • x A(il{NI )A ITEM if 7A MAY 12 , 201 .1 the Human Rights Ordinance, may be discussed in a separate workshop. ' Phis has always been an option . Q o Item 7 - All meetings can take place hi the Ibnnal setting with the exception of the workshops called to discuss chosen items of significance. The quality of the q ti video will be better tar the viewing public and the professionalism twill be z cnhaneed , Workshop settings should be for 'tn. fmtal discussions of a limited number of topics . Item 8 ° The tear of missing a meeting deadline will. be greatly reduced when there will be another meeting within a few weeks. Item 9 — The change to the agenda process will allow Commissioners, staff, citizens and the press to receive the agenda at least . 1 0 days ii,n advance of the meeting. TT,his will allow Commissioners two weekends to review and ample lime to talk with citizens and get with stall ii will allow staff to research and answer additional concerns of citizens after reading the reports. The agenda will be published for the public to l'eview and staff is available to address concerns before the meeting ter over a week . It will allow the press to publish information about items of interest prior to the meeting. This will lead to a better infonncel public and Commission and in turn lead to better decision making. Keep in uniucl that we have implemented other procedures to enhance communications with the citizens since the one meeting schedule Was implemented . We are itow videotaping meetings and providing electronic agendas for commissioners to use 011 city provided Wads . Management now encourages commissioners to directly seek answers from statT if needed . 'This enhances the response time when gathering information for meeting preparations . BUDGET': No budget impact. RECOMMENDATION : Approve Ordinance No . 5- 14-61 ATTACHMENTS : ordinance No 5 - 14-6I REVIEWED I3Y CiTY MANACaE R t , ; stagy AMENDED AGENDA ITEM # 7H JULY 14, 2014 ORDINANCE 5-14-61 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 . a as •• • • . • e • I • • •• • •_ - - • - . - • '.' : - - - " ' _w- - • - . _ . 6:38 : • be held on Tuesday immediately following the holiday. Sec. 2- 16 Time and place of Regular meetings . The regular meetings of the city commission shall be held on the second and fourth Mondays of each month, except December, in city hall, at 6 : 30 p .m. If the second or fourth Monday falls on a holiday, the regular meeting shall be held on Tuesday immediately following the holiday. In the month of December, the regular meeting shall be held on the second Monday of the month. SECTION 2. This ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of PASSED by the City Commission on this second and final reading this day of ATTEST: Donna L. Bartle, CMC Carolyn Woods City Clerk Mayor, Presiding Officer Approved as to foi1n and correctness : Rich Komando City Attorney