The URL can be used to link to this page

10-23-23 Final AgendaCity of Atlantic Beach Final Agenda Regular City Commission Meeting Monday, October 23, 2023 - 6:30 p.m. Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1.APPROVAL OF MINUTES 1.A.Approve minutes of the Special Called Meeting held on August 22, 2023. 8-22-23 Special Called Meeting of the City Commission Draft Minutes 5 - 7 *1.B.Approve minutes of the Regular Meeting held on August 28, 2023. 8-28-23 Regular City Commission Draft Minutes 9 - 29 2.COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT 3.CITY MANAGER REPORTS 3.A.Accept the 90-Day Calendar (Nov. 2023 - Jan. 2024) 90-Day Calendar (Nov. 2023 - Jan. 2024) 31 - 34 *3.B.Dora Drive Propety Update Dora Drive Property 35 - 36 4.REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4.A.Charter Officer Performance Reviews (Mayor Ford) Charter Officer Performance Evaluation Form 37 - 38 5.UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6.CONSENT AGENDA None. 7.COMMITTEE REPORTS None. Page 1 of 158 Regular City Commission - 23 Oct 2023 8.ACTION ON RESOLUTIONS 8.A.RESOLUTION NO. 23-46 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO SIGN A NEW MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION Resolution No. 23-46 39 - 54 *8.B.RESOLUTION NO. 23-47 APPROVING FLORIDA, BEACH, ATLANTIC THE CITY OF RESOLUTION A OF EMPLOYEE HEALTH INSURANCE BENEFITS DELINEATED IN EXHIBIT A FOR THE PLAN THE FOLLOWING: INCLUDING BEGINNING 1, JANUARY YEAR 2024, BENEFITS PROVIDED TO CITY EMPLOYEES AND THEIR FAMILIES THROUGH CIGNA, LIFE INSURANCE AND EMPLOYEE ASSISTANCE PLAN BENEFITS PROVIDED BY THE CITY AT NO COST TO EMPLOYEES, AND OTHER INSURANCE COVERAGE OFFERED TO EMPLOYEES AT THEIR EXPENSE; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 23-47 71 - 97 8.C.RESOLUTION NO. 23-48 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO SIGN THE STATE OF FLORIDA MUTUAL AID AGREEMENT 2023 Resolution No. 23-48 55 - 70 9.ACTION ON ORDINANCES 9.A.ORDINANCE NO. 31-23-16, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF MAP 2030 THE OF USE THE FUTURE AMENDING FLORIDA, LAND COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL MEDIUM DENSITY (RM) TO FOR PROVIDING CONFLICT; PROVIDING (CM); COMMERCIAL FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 31-23-16 99 - 128 9.B.ORDINANCE NO. 90-23-251, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, REZONING THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL, GENERAL, TWO- FAMILY (RG), TO COMMERCIAL GENERAL (CG); PROVIDING FINDINGS OF FACT; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 90-23-251 129 - 158 10.MISCELLANEOUS BUSINESS Page 2 of 158 Regular City Commission - 23 Oct 2023 None. 11.CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12.CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13.ADJOURNMENT This meeting will be live-streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. 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’s Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic Beach, FL 32233. Page 3 of 158 Page 4 of 158 Special Called Meeting of the City Commission August 22, 2023 MINUTES Special Called Meeting of the City Commission Tuesday, August 22, 2023 - 5:30 PM Commission Chamber INVOCATION AND PLEDGE TO THE FLAG DCC Nichols called the roll. ATTENDANCE: Present: Curtis Ford, Mayor Michael Waters, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Absent: Bruce Bole, Commissioner - Seat 2 (District 1308) Also Present: Joe Gerrity, Interim City Manager (CM) Jason Gabriel, City Attorney (CA) Ladayija Nichols, Deputy City Clerk (DCC) Kevin Hogencamp, Deputy City Manager (DCM) 1. CALL TO ORDER AND ROLL CALL Mayor Ford called the meeting to order at 5:31 PM. 2. PUBLIC COMMENT DCC Nichols called each speaker to the podium. Amy Rose spoke in support of Mr. Killingsworth. 3. ACTION ON RESOLUTIONS A. Resolution No. 23-34 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPOINTING BILL KILLINGSWORTH AS CITY MANAGER AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT DESIGNATING HIM AS SUCH EFFECTIVE SEPTEMBER ____, 2023; AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENTS NECESSARY, INCLUDING BUT NOT LIMITED TO AN EMPLOYMENT AGREEMENT, TO EFFECTUATE THE EMPLOYMENT OF BILL KILLINGSWORTH TO SERVE AS CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. Page 1 of 3 Agenda Item #1.A. 23 Oct 2023 Page 5 of 158 Special Called Meeting of the City Commission August 22, 2023 The start date for Mr. Killingsworth will be September 26, 2023. 8-22-23 Attachment A MOTION: Approve Resolution No. 23-34. Motion: Michael Waters Second: Candace Kelly Commissioner Ring thanked the Mayor, Cathy Varian, HR Director (HRD) and CM Gerrity for their work with the contract. Commissioner Waters expressed gratitude for the process. CM Gerrity read a statement from Commissioner Bole (which is attached hereto and made a part of this Official Record as Attachment A). Mayor Ford thanked CM Gerrity and HRD Varian for their work and expressed his gratitude for the process. Curtis Ford For Michael Waters (Moved By) For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 4 to 0. CA Gabriel mentioned that Mr. Killingsworth would like a signed version of the contract by the end of the week. 4. ADJOURNMENT The meeting adjourned at 5:38 p.m. Attest: Donna L. Bartle, City Clerk Curtis Ford, Mayor Date Approved:________________ Page 2 of 3 Agenda Item #1.A. 23 Oct 2023 Page 6 of 158 Attachment A to 8-22-23 Minutes Page 3 of 3 Agenda Item #1.A. 23 Oct 2023 Page 7 of 158 Page 8 of 158 Regular City Commission August 28, 2023 MINUTES Regular City Commission Meeting Monday, August 28, 2023 - 6:30 PM Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:30 PM. City Clerk Bartle called the roll. ATTENDANCE: Present:Candace Kelly, Commissioner - Seat 4 (District 1306) Curtis Ford, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 (District 1308) Michael Waters, Commissioner - Seat 3 (District 1307) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present:Joe Gerrity, Interim City Manager (CM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) Kevin Hogencamp, Deputy City Manager (DCM) Victor Gualillo, Police Chief (PC) Amanda Askew, Planning & Community Development Director (PCDD) 1 APPROVAL OF MINUTES 1A.Approve minutes of the Town Hall Meeting held on July 8, 2023. Mayor Ford asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Ford stated the minutes stand as submitted. 1B.Approve minutes of the Regular Commission Meeting held on July 10, 2023. Mayor Ford asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Ford stated the minutes stand as submitted. 1C.Approve minutes of the Budget Workshop held on July 25, 2023. Mayor Ford asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Ford stated the minutes stand as submitted. Page 1 of 21 Agenda Item #1.B. 23 Oct 2023 Page 9 of 158 Regular City Commission August 28, 2023 2.COURTESY OF FLOOR TO VISITORS Mayor Ford explained the process for public comments and opened the Courtesy of the Floor to Visitors. PUBLIC COMMENT Mayor Ford allowed Alani Ring, Leia Ring and Lana Ring to present a card to the Commission, thanking them for the Splash Pad. CC Bartle called each speaker to the podium. Mark Gabrynowicz spoke about agenda item 7A. Janet Torelli spoke about her experience as a historian. Nancy Whittington thanked CM Gerrity for his services. Tracy Gebeaux spoke about his work with the homeless and thanked the Commission for their help as well. Brinkley Harrell spoke about agenda items 8A and 8B. 3.CITY MANAGER REPORTS 3.A.Accept the 90-Day Calendar (Sept. - Nov. 2023) Commissioner Ring asked if the September 13, 2023 budget meeting would still be happening. Mayor Ford explained that the calendar would be amended to add the budget meeting. MOTION: Approve the 90-Day Calendar as amended. Motion: Bruce Bole Second: Candace Kelly Candace Kelly (Seconded By)For Curtis Ford For Bruce Bole (Moved By)For Michael Waters For Jessica Ring For Motion passed 5 to 0. Report on Tropical Storm Idalia PC Gualillo reported on Tropical Storm Idalia and the measures the City will be taking to prepare and get through the storm. Page 2 of 21 Agenda Item #1.B. 23 Oct 2023 Page 10 of 158 Regular City Commission August 28, 2023 Commissioner Kelly announced that Duval County Public Schools (DCPS) is closed Tuesday through Thursday. Commissioner Waters asked if roll off containers would be emptied before the storm. PC Gualillo explained that he would partner with planning and code enforcement to contact owners of the containers to ensure there are no safety issues. Commissioner Ring inquired about when the storm was expecting to hit, when the City would know if there would be a mandatory evacuation, how citizens are notified, if the City is offering sand bags. PC Gualillo explained that the storm was expected to hit Tuesday morning for the coast into the afternoon and night. He also discussed that there would be an executive meeting held to determine whether or not evacuation will be necessary. He explained that citizens will be able to receive information on news channels and they should also download the JaxReady app to stay up to date on important storm information. He expressed that sandbags are in discussion, no agreement has been reached and the storm is not expected to negate sand bags. Mayor Ford addressed the sand bags and expressed that COJ would not be giving out sand bags because there's a downside, allowing water through and making it difficult to get out. CM Gerrity shared that the City is not considering sand bags and Mayor Ford expressed he would not recommend them. Commissioner Kelly asked about emergency contracts for debris removal. PC Gualillo explained that there have been a few classes to help train on this issue. Additional Updates CM Gerrity provided the following updates: GFL will collect Wednesday's customers on Saturday. City Hall will remain open Tuesday and Wednesday, staff will continue to monitor the storm. Explained what a potential millage rate reduction would look like, as detailed in a slide (which is attached hereto and made part of this Official Record as Attachment A). CM Gerrity answered questions from the Commission. PC Gualillo explained why the City would need to declare a State of Emergency. There was a CONSENSUS to move forward with declaring a State of Emergency at noon on August 29, 2023. There will be a Donner Road ribbon cutting ceremony to recognize the work of Troy Stephens, Scott Williams and, Steve Swann. 16th street will be carried over into the next budget. 8-28-23 Attachment A 3.B.Boys' & Girls' Club Update (Deputy City Manager Hogencamp) DCM Hogencamp reported on this item as it related to Tropical Storm Idalia. He spoke about how citizens could receive updates leading up to, during, and after the storm. He announced that after school programs have been canceled. He also announced that Page 3 of 21 Agenda Item #1.B. 23 Oct 2023 Page 11 of 158 Regular City Commission August 28, 2023 Recreation Department community center staff were hired by the Boys' & Girls' Club which worked out well for everyone. DCM Hogencamp answered questions from the Commission. 4.REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole Expressed that he is pleased with the CM hiring decision. Discussed road improvements in relation to porous land. Commissioner Ring Reminded everyone that DCPS closed their schools. Mayor Ford Expressed that the City has a great relationship with NAS Mayport. 5.UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6.CONSENT AGENDA None. 7.COMMITTEE REPORTS 7.A.BMRC - Appointments to the Arts, Recreation, and Culture Committee (ARCC) and the Environmental Stewardship Committee (ESC) MOTION: Approve the three appointments recommended by the BMRC [(1) Appoint Tracy Gebeaux to the Arts, Recreation, and Culture Committee to serve as a regular member (position #5) for the unexpired term ending December 31, 2024, effective immediately; 2) Appoint Kaylene Maddox to the Arts, Recreation, and Culture Committee to serve as a regular member (position #6) for the unexpired term ending December 31, 2023, effective October 1, 2023; and 3) Appoint Heather Markaj to the Environmental Stewardship Committee to serve as an At Large Member (position #6) for the unexpired term ending December 31, 2024, effective immediately.)] Motion: Jessica Ring Second: Candace Kelly Commissioner Kelly asked if it was emphasized to the appointees that a training needs to be completed. Mayor Ford expressed that he did not recall emphasizing a trainnig. Commissioner Ring inquired about BMRC being live streamed. Mayor Ford explained that he does not see it as a necessity and inquired about the contract. He requested that the contract be brought back for discussion. Page 4 of 21 Agenda Item #1.B. 23 Oct 2023 Page 12 of 158 Regular City Commission August 28, 2023 Candace Kelly (Seconded By)For Curtis Ford For Bruce Bole For Michael Waters For Jessica Ring (Moved By)For Motion passed 5 to 0. 8.ACTION ON RESOLUTIONS 8.A.RESOLUTION NO. 23-31 A CITY OF ATLANTIC BEACH, FLORIDA, RESOLUTION OF THE AUTHORIZING STAFF TO ISSUE A TASK AUTHORIZATION TO PROFESSIONAL FOR INC. TILLY, & MURPHY CRAWFORD, ENGINEERING SERVICES IN CONNECTION WITH THE CITY’S EFFORTS TO IMPROVEMENTS ON STREETS AHERN PROVIDE COMPLETE MANAGER EXECUTE TO CITY STREET; AUTHORIZING THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. PCDD Askew reported on this item as detailed in a slideshow presentation (which is attached hereto and made part of this Official Record as Attachment B) and answered questions from the Commission. 8-28-23 Attachment B MOTION: Approve (Resolution No.) 23-31. Motion: Jessica Ring Second: Bruce Bole Candace Kelly For Curtis Ford For Bruce Bole (Seconded By)For Michael Waters For Jessica Ring (Moved By)For Motion passed 5 to 0. 8.B.RESOLUTION NO. 23-32 A FLORIDA, BEACH, ATLANTIC OF RESOLUTION THE OF CITY AUTHORIZING STAFF TO ISSUE A TASK AUTHORIZATION TO HANSON PROFESSIONAL FOR ENGINEERING SERVICES PROFESSIONAL SERVICES FOR FINAL PLANS AND OPINION OF PROBABLE CONSTRUCTION COSTS FOR SIDEWALK IMPROVEMENTS ALONG Page 5 of 21 Agenda Item #1.B. 23 Oct 2023 Page 13 of 158 Regular City Commission August 28, 2023 STURDIVANT AVENUE AND AHERN STREET; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. PCDD Askew answered questions from the Commission. MOTION: Approve Resolution (No.) 23-32. Motion: Jessica Ring Second: Bruce Bole Candace Kelly For Curtis Ford For Bruce Bole (Seconded By)For Michael Waters For Jessica Ring (Moved By)For Motion passed 5 to 0. 8.C.RESOLUTION NO. 23-33 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO THE FEDERAL FY 2022 JUSTICE ASSISTANCE GRANT PROGRAM Mayor Ford read the title of the resolution. PC Gualillo reported on this item as detailed in the agenda packet. MOTION: Approve Resolution No. 23-33. Motion: Bruce Bole Second: Michael Waters Candace Kelly For Curtis Ford For Bruce Bole (Moved By)For Michael Waters (Seconded By)For Jessica Ring For Motion passed 5 to 0. 8.D.RESOLUTION NO. 23-36 Page 6 of 21 Agenda Item #1.B. 23 Oct 2023 Page 14 of 158 Regular City Commission August 28, 2023 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE LEASE AGREEMENT BETWEEN ASH PROPERTIES AND THE CITY OF ATLANTIC BEACH FOR 2294 MAYPORT ROAD UNIT 18, JACKSONVILLE, AUTHORIZING TO MANAGER CITY 32233; THE EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. CM Gerrity briefly reported on this item. CA Gabriel explained changes that needed to be made as follows: The attached proposal terms in the agenda packet, the lease rate, instead of $15 per square foot, the amount is $12.50 per square foot. The CAM, instead of $5 per square foot, it's $5.54 per square foot. The total rent is $1711.67 per month and the security deposit is $1,831.48. The resolution, as stated in the agenda packet, is written to execute a contract in the amount of $20,000.04, it now needs to read in the amount of $20,600. MOTION: Approve Resolution No. 23-36 as amended with the lease agreement. Motion: Bruce Bole Second: Candace Kelly Candace Kelly (Seconded By)For Curtis Ford For Bruce Bole (Moved By)For Michael Waters For Jessica Ring For Motion passed 5 to 0. 8.E.RESOLUTION NO. 23-37 A CITY OF ATLANTIC BEACH, FLORIDA, OF THE RESOLUTION APPROVING THE LEASE AGREEMENT BETWEEN SATELLITE BEACH SHELTERS, INC., AND THE CITY OF ATLANTIC FOR A TEMPORARY OFFICE TRAILER; AUTHORIZING THE CITY MANAGER TO IN ORDERS PURCHASE AND EXECUTE THE CONTRACTS AS NECESSARY AND TO ACCORDANCE THE WITH EFFECTUATE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. CM Gerrity and CA Gabriel reported on this item and answered questions from the Commission. Item was deferred to the September 11, 2023 Commission meeting. Page 7 of 21 Agenda Item #1.B. 23 Oct 2023 Page 15 of 158 Regular City Commission August 28, 2023 9.ACTION ON ORDINANCES None. 10.MISCELLANEOUS BUSINESS None. 11.CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12.CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER CM Gerrity Thanked the Commission for bringing him back and working with him. He commented that he loved working with staff and encouraged the Commission to continue trusting them. Thanked the citizens for their comments and encouraged them to trust their elected officials. Commissioner Bole Expressed his appreciation to CM Gerrity. Commissioner Ring Expressed her appreciation to CM Gerrity. Commissioner Waters Expressed his appreciation to CM Gerrity. Mayor Ford Thanked CM Gerrity for his time and work here. 13.ADJOURNMENT The meeting adjourned at 8:11 p.m. Attest: Date Approved:________________ Donna L. Bartle, City Clerk Curtis Ford, Mayor Page 8 of 21 Agenda Item #1.B. 23 Oct 2023 Page 16 of 158 Millage Rate Reduction 3.1035 mills (FY23) ‐ 0.125 mills 2.9785 (FY24) millsProjected General Fund Surplus$122,057Electronic Message Board (Removed) $50,000 Thermoplastic streetscape (Removed) $50,000 Interfund Transfer (Beaches Town Center Maint.) $48,688Interfund Transfer (TurfBlock Parking Pad) $50,000Financial Impact of Millage Rate Reduction ($320,745)Projected General Fund Surpluswith 0.125 Millage Rate Reduction $0Attachment A to 8-28-23 MinutesPage 9 of 21 Agenda Item #1.B.23 Oct 2023 Page 17 of 158 Page 10 of 21 Agenda Item #1.B. 23 Oct 2023 Page 18 of 158 Ahern St –Complete Streets(from E. Coast to Ocean Blvd.)Attachment B to 8-28-23 MinutesPage 11 of 21 Agenda Item #1.B.23 Oct 2023 Page 19 of 158 Attachment B to 8-28-23 MinutesPage 12 of 21 Agenda Item #1.B.23 Oct 2023 Page 20 of 158 Attachment B to 8-28-23 MinutesPage 13 of 21 Agenda Item #1.B.23 Oct 2023 Page 21 of 158 •Is a transportation policy and design approach that requires streets to be planned, designed, operated, and maintained to enable safe, convenient and comfortable travel and access for users of all ages and abilities regardless of their mode of transportation. •It integrates people and place in the planning, design, construction, operation, and maintenance of our transportation networks. Complete Streets (CS)Attachment B to 8-28-23 MinutesPage 14 of 21 Agenda Item #1.B.23 Oct 2023 Page 22 of 158 Attachment B to 8-28-23 MinutesPage 15 of 21 Agenda Item #1.B.23 Oct 2023 Page 23 of 158 Attachment B to 8-28-23 MinutesPage 16 of 21 Agenda Item #1.B.23 Oct 2023 Page 24 of 158 Attachment B to 8-28-23 MinutesPage 17 of 21 Agenda Item #1.B.23 Oct 2023 Page 25 of 158 RagtimeEast Coast DriveAhern St.Attachment B to 8-28-23 MinutesPage 18 of 21 Agenda Item #1.B.23 Oct 2023 Page 26 of 158 Attachment B to 8-28-23 MinutesPage 19 of 21 Agenda Item #1.B.23 Oct 2023 Page 27 of 158 Attachment B to 8-28-23 MinutesPage 20 of 21 Agenda Item #1.B.23 Oct 2023 Page 28 of 158 Attachment B to 8-28-23 MinutesPage 21 of 21 Agenda Item #1.B.23 Oct 2023 Page 29 of 158 Page 30 of 158 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:90-Day Calendar for the Mayor and Commission SUBMITTED BY:Yvonne Calverley,Executive Assistant to the City Manager TODAY’S DATE:October 12,2023 MEETING DATE:October 23,2023 BACKGROUND:The 90-day calendar is included on the agenda for the purpose of setting meeting dates and determining the location,time and whether to videotape special meetings and workshops.The rolling 90-day calendar will be revised after receiving input from City staff and the Commission,and will be included in each agenda for consideration. NOTES:N/A BUDGET:None RECOMMENDATION:Approve the 90-Day Calendar for November 2023 —January 2024 ATTACHMENT:1)Mayor and Commission 90-Day Calendar (November 2023 —January 2024) REVIEWED BY CITY MANAGER: Agenda Item #3.A. 23 Oct 2023 Page 31 of 158 3019 viz;_.oC._..Eo_/.£_EBu>::q__-a .=u,m2.3:£5.53 /vimmFumCn£C_.EmwtmE/Sm.un_NN3. Va./,.\ o‘._muo..m._pmuH.c\.,.as .w..6>mM3,}.0..»Vr.~fl 52+varkcufv vi 3. z.c_£,._22ouGZ4.mo.$._z New598052 ea c ooEEEoO Bor?m ._3.S£U ommuo22% En m.I w Ram ,m§mE< 6820 6330 83:0 35 8050 E5 zgmmazz,92¢ZCM <2 .w.<QmDH/-w.?-n:m.,._.w/.QmMDEHw/.‘D.r,m._./.Mn_H..H_..¢.%/.Q,£._DH._?/?.QZOH/..§dz:wH350Exammmmv anM8 Eu om”:.3 BnEo>oZ aooaoasdwngmwmxnmnkoozoa?m55 vanSiam ”m_.E>7E** E ism8cool QEDBoa 8. anc 358800.55 :82-€382 moqo?momum. bs?m??msm2 amone Eaommommcom a Emomu?mm Emamomm anNmuimo? Bab?w?./.Eoomm N E;mvuv u?t??oonsm nomobso cam £582omm Eaw?m oué??oonsm Raeomm 2 w Ego 32Eaom EmEm2o.6Q ».:::EEoU cao mioom< 3 MN 3 92mm uo>:C amone 92commmub?oo R om A5353 K oo Ev Em omuowzz:2mm:=EoO mH c E;N-Em C. 35 __o$3c .ov1m§m.5E.Em EQNLHSE £5 :83: novtmv/Hmécbmm :am-§:: Ctmm:35: 6x52 mbszmr NH an E 35 :5, tooaou ?uutawcom :a N-ea 2 gush zowwsznd “$32 mbncmm m J 3» El r\r,\r.t <_:\ a.... Cl.»\\ -.re LL: @330 mouEO 55 Agenda Item #3.A.23 Oct 2023 Page 32 of 158 Zu__5..,...g E:.‘.5 x E wE93:U33.4 E_.§.§,.d€232 “C850 EmaEau1.5 .,.c._C&.saOuaobvanw8[QA.,§m,W..,‘.pme;xx.r.o..5§.h_,mwnU.ma Cw»N..o...:mO on....:w;v.c>1,x-_.>0?.E C.mpmm f'7(—|—{_ t...\\4|\<\\\<¢>...xxx/xv 5%V3 mmom.5n_EoooQ zoamuzzooQZ<MO><2 ‘,?,.,.¢..,..r..,.,¥...,_. mc? .£.ez:.§.,f.C2::.C2&5.Z...,._.V/CQ,;,...::.5.2.,37..r/,.QZDw @330 @320 mooEO 35 8950 >30 .._o Eu ,2. .bv.zm§mwo?mmn mm 2 AGEDuu_:Ec:..on_:I aoc?zmom? canbb?m??msm Ego 338500moem «N 3 CBEEUV pa@ motombxmwmm _SnoE:o:>:m an9% 92£08,550 EEoE:o.:>:m c ano0828800 EEo:Eo,:>:m caBa 92ootu??oopnw mu;mw anamaze:ammo 2 cac ma?a:oum< NH ea w 8§EEoo 325%.H0§m£U E @§-oo>=_. an omuwwanooz :oR$EEo_. En w o tooaou £oE.sm:om ca NI Em o_ BVEWEmb?bwm5 an NI Eu 3 6x522 mb?cmm E;N Eu 3 _u»,_.:;/.?uzcn ‘* \I ...(. ‘ ._\i K3 Agenda Item #3.A.23 Oct 2023 Page 33 of 158 F mm>.:E=m&VEmOHM2582:mI EBOH. Emsc? QZ<mo><2 ><om?S.m53::><nm~S:e><mmmzom.>>><omm:e ><DZoS_><nz:m @320 m8Eo 56 @320 83:0 56 anmwmuu?z oo???oonsm hvno?mom Qbzséamsm mmmm :5o @582 858800moem 3M: .3. ano o3:EEoO >,2>omStash 7. EDi»3:82 uoé??oonsm nowobso0mm 2 E33:82omm am2mm uo???oonsm Deeomm 3 mm :a o W52Emom EvEmoB>oQ 5858800 8 an o 9:522 o,.E< mm A£om-oo>:C am one 92 :2mw_EEo.L mm ma Qzonvoo :5 ca one 92 coRm,_EEoO w Cramzommsmv Ea N I Eu 3 .3132 Eo?cmm mm C15 :33: E NI Em S BVEE muoccmm Hm 0:8 2825: an NI Eu 3 6452 Eu?zwm .3 3:3 zummsm. Em mI Ed 3 “via?Eo?cmm n Agenda Item #3.A.23 Oct 2023 Page 34 of 158 »g9;Ua% CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Dora Drive Property Purchase —Bene?t Cost Analysis SUBMITTED BY:Steve Swann,PE,City Engineer TODAY’S DATE:October 18,2023 MEETING DATE:October 23,2023 BACKGROUND:The ultimate purpose of purchasing the 2.16 acres of property on Dora Drive is to provide for the storage of stormwater runoff and reduce the depth of ?ooding and duration of ?ooding in the neighborhood roughly surrounded by Mayport Road to the west,Dutton Island Road to the north, Francis Avenue to the east and Stanley Road to the south.Stormwater runoff in this area currently ?ows through a drainage ditch across the Dora Drive property and enters a 15”culvert at the end of Stanley Road where it ultimately ?ows to the Hopkins Creek drainage ditch south of Plaza. Historically,this area has had drainage issues,primarily due to the undersized l5”culvert that drains the neighborhood.The City is planning to upsize this culvert to provide relief through a FEMA HMGP grant that will reimburse 90%of the construction cost.The 2018 Stormwater Master Plan Update (SWMP) recommended construction of this project along with providing additional stormwater runoff storage downstream of Plaza.However,enlargement of the culvert cannot be completed until additional stormwater storage is provided so as not to add to problems we already have in the Aquatic Gardens area. The SWMP recommended purchasing property surrounding the Aquatic Gardens pond for pond expansion,thus providing additional storage capacity.Since 2018,property prices have increased dramatically and purchasing properties around the pond may not be viable.Alternate options for providing additional storage include widening the Hopkins Creek drainage ditch by constructing sheet pile walls on both sides and/or creating additional stormwater storage upstream in the Dora Drive area. Staff prepared a bene?t cost analysis (BCA)comparing the cost of providing additional storage in Hopkins Creek to providing storage in the Dora Drive area.The BCA used actual land costs and conservative estimates of construction costs to develop rough order of magnitude costs comparing creation of storage in the Dora Drive to equivalent storage in the Hopkins Creek drainage ditch.The BCA indicated that creating stormwater runoff storage in the Hopkins Creekdrainage ditch may cost as much as 1.3 times the cost of creating stormwater runoff storage in the Dora Drive area. BUDGET:None RECOMMENDATION:Information purposes only ATTACHMENTS:Rough Order of Magnitude Bene?t Cost Analysis REVIEWED BY CITY MANAGER. Agenda Item #3.B. 23 Oct 2023 Page 35 of 158 Dora Drive &Hopkins Creek Stormwater Improvements Rough Order of Magnitude Benefit -Cost Analysis Prepared by S.Swann -10-18-Z3 ough Order of Magnitude Bene ‘t repared by S.Swann ~1048-2 BCR>1 indicates more economical to create storage at Dora Dr than it is to create storage in Hopkins Creek Assumption:Phase III of Aquatic Gardens drainage improvements is predicated on creating more storage capacity in the Hopkins Creek ditch system via purchasing properties north and south of the Aquatic Gardens pond (2018 Stormwatei Master Plan Update).None of these properties are for sale and the purchase prices estimated in 2018 are no longer relevant.For this analysis,it was assumed that additional capacity in the Hopkins Creek ditch would be provided by widening the ditch on existing public ROW and does not require purchasing additional property Dora Drive Stormwater Pond LandAcquisition $1,075,000. Closing Costs &DD Estimate $100,000 Pond Construction S 1,500,000 (Jones Edmunds) Total Land &Construction 5 2,675,000 Effective pond area for storage =1.1 Ac Effective pond storage depth =3.0 FT Est.Stormwater Storage Volume Provided 130,000 Cubic Feet or 4,815 Cubic Yards Ho kins Creek Phase IIIStormwater Im rovements Existing Ditch Storage Cross-Section 138 Sq Ft Avg Top 35'X Avg Btm 20'X Avg Depth 5' Sheet Pile Storage Cross-Section =240 Sq Ft Avg Top 40'X Avg Btm 40'X Avg Depth 6' Difference =103 Sq Ft Increase in storage capacity Each foot of Sheet Pile Ditch increases storage by:3.8 Cubic Yard Assume about 75%of Dora retention can be applied against Hopkins Creek storage due to elevation differences,therefore the Dora Dr pond replaces:951 LFof capacity provided by sheet pile ditch improvements in Hopkins Creek Rough Order of Magnitude Hopkins Creek Capacity Improvement Cost Sheet Pile Cost =S 49 /Sq FT (FDOT) Sheet Pile -Sheet Length =40 FT (20 Foot sheets,both sides of ditch) Sheet Pile Cost per Linear Foot =S 1,974 /Fl‘ Channel Excavation =$24 /CY Excavation Cost per Linear Foot 5 91 /Fl‘ S 100 /LF (FDOT) Misc -Design,Mob.,Contingency,etc.(70%)S 1,515 /LF (Jones Edmunds) Ditch Improvement Cost per Foot =5 3,680 /FT Equivalent Dora Dr Pond Offset =$3,500,496 Bene?t Cost Ratio 1.3 Pedestrian Railing (FDOT) ~W-§"S[!‘ Alternative evaluated 1.4 Acre Pond with 24"culvert from Stanley Rd to Donner R Agenda Item #3.B. 23 Oct 2023 Page 36 of 158 REVIEW PERIOD:From:To:DATE OF EVALUATION: TYPE OF EVALUATION:|:|ANNUAL OTHER CITY OF ATLANTIC BEACH Charter Officer Performance Evaluation The purpose of this appraisal is to evaluate performance,pinpoint strengths and accomplishments,and provide suggestions for improvement.In conducting performance reviews,these evaluations will provide a history of performance,development and progress. CHARTER OFFICER NAME:TITLE: DATE OF INITIAL/LAST REVIEW: PERFORMANCE RATINGS Far Exceeds Requirements:Performance was consistently well beyond requirements Exceeds Requirements:Performance consistently exceeded responsibilities,standards and objectives Meets Requirements:Performance consistently met the majority of responsibilities,standards and objectives Below Requirements:Performance frequently did not meet requirements Well Below Requirements:Performance consistently fell well below requirements SECTION 1.PERFORMANCE TASKS/STANDARDS.Please rate the ability of the Charter Officer to complete the res onsibilities assi ned b the Charter. Well Below Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Re uirements Re uirements SECTION 2.PERSONAL TRAITS/STANDARDS.Please rate the ability of the Charter Officer in demonstrating the following personal straits and standards:Sincere interest in the job;effectiveness in working with others; communicatin with others;coo eration;and ?exibili Well Below Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Re uirements Re uirements Comments: Comments: Agenda Item #4.A. 23 Oct 2023 Page 37 of 158 EP SECTION 4.ACCOMPLISHMENTS/AREAS OF STRENGTH Please note signi?cant accomplishments and speci?c areas of strength: SECTION 3.JUDGMENT AND KNOWLEDGE.Please rate the ability of the Charter Officer in demonstrating the following skills of judgment and knowledge:Recognition of problems;application of common sense;and logic and decision-makin rinci les. Well Below Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Re uirements Re uirements SECTION 5.AREAS OF IMPROVEMENT Please suggest areas in which improvement is needed: DateCommissioner’s Signature OVERALL RATING BASED ON THE SCORES IN SECTIONS 1-3 Well Below Below Meets Exceeds Far Exceeds Re uirements Re uirements Re uirements Re uirements Re uirements Comments: Agenda Item #4.A. 23 Oct 2023 Page 38 of 158 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.23-46 approving a new maintenance agreement between the City of Atlantic Beach,Florida,and the Florida Department of Transportation. SUBMITTED BY:Scott Williams,Public Works Director TODAY’S DATE:October 11,2023 MEETING DATE:October 23,2023 BACKGROUND:Per a longstanding agreement with FDOT,the City maintains landscaped areas on Atlantic Boulevard and portions of Mayport Road.The City also maintains certain improvements in the FDOT rights-of-way. The proposed new Maintenance Agreement term is for three years,from Nov.1,2023 through Oct.31,2026.Under this new Agreement,the City is compensated $68,000.00 annually for providing this maintenance.This is an increase of $11,308.24 from the current contract. RECOMMENDATION:Approve Resolution No.23-46. ATTACHMENTS:1.Resolution No.23-46 2.Proposed Maintenance Agreement CITY MANAGER: ' Agenda Item #8.A. 23 Oct 2023 Page 39 of 158 RESOLUTION NO.23-46 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPROVING A NEW MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH, FLORIDA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,on May 16,2001,the City executed an agreement with the Florida Department of Transportation to provide maintenance on certain streets and other areas throughout the city;and WHEREAS,the City desires to continue to maintain landscaped areas on Atlantic Boulevard and portions of Mayport Road;and WHEREAS,areas to be maintained are identi?ed in Exhibit “A”of the New Maintenance Agreement;and WHEREAS,the new Maintenance Agreement term is November 1,2023,through October 31, 2026,with the City being compensated $68,000.00 per year for providing this maintenance. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby authorizes a new Maintenance Agreement,which is attached hereto and made part of this Of?cial Record as Attachment A,with the Florida Department of Transportation,covering the period of November 1,2023,through October 31,2026. SECTION 2.The City Commission hereby authorizes the City Manager to execute contracts and purchase orders in accordance with and as necessary to effectuate the provisions of this Resolution. SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 23”’day of October,2023. ATTEST Curtis Ford,Mayor Donna L.Bartle,City Clerk Approved as to form and correctness: Jason Gabriel,City Attorney Agenda Item #8.A. 23 Oct 2023 Page 40 of 158 Attachment A MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT ("Agreement")is made and entered into by and between the State of Florida Department of Transportation (“Department”)and Cit of Atlantic Beach,Florida ("Agency”). -REClTALS- 1 The Department owns and currently maintains those portions of the state highway system identi?ed in Exhibit “A”(“Property");and 2.The Agency desires to construct or install various improvements in order to improve the aesthetic appearance of the Property,including N/A (collectively “lmprovements”);and 3.The Agency desires to assume the maintenance responsibilities of the Property and all Improvements;and 4.The Property is within or adjacent to the corporate limits of the Agency;and 5.The Department is amenable to the Agency's desires and will compensate the Agency for their maintenance efforts pursuant to Section 335.055,Florida Statutes,and in accordance with the terms and conditions of this Agreement;and 6.The Agency will be compensated quarterly at such time as Agency provides a completed copy of the form identical to attached Exhibit "B”demonstrating completion of the quarterly maintenance responsibilities required by the terms and conditions of this Agreement;and 7.The Agency,by Resolution No.dated attached as Exhibit authorizes its of?cers 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 speci?cally 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. 3.TERM The term of this Agreementshall be for a period of three (3)consecutive years,unless otherwise terminated by the Department in writing.The operation,maintenance,and repair duties required by paragraph 6, below,will actually commence on 11/1/2023. 4.E-VERIFY The Agency (A)shall utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract;and (B)shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibilityof all new employees hired by the subcontractor during the contract term. MA with Agency FINAL(Legal Approval 03/15/2023)Page 1 Agenda Item #8.A. 23 Oct 2023 Page 41 of 158 MA with Agency FINAL (Legal Approval 03/15/2023)Page 2 5.COMPLIANCE The Agency shall perform this Agreement,in a good and workmanlike manner,with reasonable care,in accordance with the terms and provisions of this Agreement and 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 Department,St.Johns River Water Management District,Florida Department of Environmental Protection,Environmental Protection Agency,Army Corps of Engineers, United States Coast Guard,Duval County,Florida and other local governmental entities (“Governmental Law”). 6.OPERATION MAINTENANCE &REPAIR A.The Agency shall operate,maintain &repair the Property 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 the locations to be maintained by the Agency shall be maintained pursuant to the maintenance standards as de?ned in the Department's Maintenance Rating Program (“MRP")Handbook and in accordance with Department Procedure,Roadway and Roadside Maintenance,Topic No.850-O00-015-I,and all Governmental Law,as defined in Paragraph 5,above. Should the Department determine that any item of maintenance related to the Property or Improvements has fallen below the desired maintenance standard,the Agency agrees to immediately bring the deficient item up to the maintenance standard,at its sole cost and expense.The Agency willnot 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 Agency. B.The Agency shall,at a minimum,maintain all turf and landscaped areas within the Property,including, without limitation,by performing the following: (1)Routinely mow,cut and trim all grass and turf—(totalgreenscape)a minimum of 1 time per calendar month,as well as remove grass and turf clippings from the roadway/curb/sidewalk,in accordance with the State of Florida “Guide for Roadside Vegetation Management”(2012),as the same may be constituted and amended from time to time,and the local National Pollutant Discharge Elimination System (NPDES)permit requirements;and (2)Routinely prune and trim all plants and trees a minimum of 1 time per calendar month,for aesthetic purposes and for the benefit of the health,safety and welfare of those members of the public traversing or othenrvise utilizing the Property;and (3)Routinely remove dead,diseased,or otherwise deteriorated plants a minimum of 1 time per calendar month;and (4)Routinely keep litter removed from the Property a minimum of 1 time per calendar month; and (5)Routinely remove and dispose of all trimmings,roots,litter and other material resulting from the activities described herein;and (6) ‘ Routinely edge and sweep any excess grass from sidewalks,curbs,and gutters a minimum of 3 times per year on a 4-month cycle,i.e.,March,July,October;and (7)Routinely sweep roadways,curbs,and gutters,valley gutters,intersections,and barrier wall gutters a minimum of 1 time per calendar month. C.The Department and the Agency 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. Agenda Item #8.A. 23 Oct 2023 Page 42 of 158 D.If the Department determines that the Agency is not maintaining the Property in accordance with the terms and provisions of this Agreement,the Department shall deliver written noti?cation of such to the Agency.The Agency shall have thirty (30)days from the date of the Department's written notice,or such other time as the Department and the Agency mutually agree in writing,to correct the de?ciency and provide the Department with written notice of the same. E.If the Department determines that the deficiency remains after receipt of the Agency's written notice indicating that the deficiency was corrected,the Department,within its -discretion,shall:(1)provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the de?ciency;or (2)correct the deficiency at the Agency’s sole cost and expense.Should the Department elect to correct the de?ciency,the Department shall provide the Agency with an invoice for the costs incurred by the Department to correct the deficiency and the Agency shall pay the invoice in accordance with the "Payment”section of this Agreement. F.If at any time in the sole determination of the Department.the integrity or safety of the Property requires immediate maintenance for the benefit of public health,safety or welfare,the Department may perform such maintenance it deems appropriate under the circumstances.The Department shall attempt to notify the Agency 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. G.The Parties’representatives and points of contact for the administration of this Agreement shall be identified in the “Notice"section of this Agreement. 7.MAINTENANCE OF TRAFFIC A.The Agency 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 Department’s Standard Specifications for Road and Bridge Construction;(2)the Manual on Uniform Traf?c Control Devices;(3)the Department’s Standard Plans,Index 102-600;and (4)other applicable Governmental Law. B.If the Agency fails to perform MOT as required herein,the Department,within its discretion,may elect to perform MOT at the Agency's sole cost and expense.Should the Department perform MOT,the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice in accordance with the “Payment"section of this Agreement. 8.IMPROVEMENTS &MODIFICATIONS A.The Department may require the Agency to improve or modify the Property or Improvements if the Department determines:(1)improvements or modi?cations are required by applicable Governmental Law; or (2)improvements or modifications will benefit the Department in the conduct of its business. B.Required improvements and modi?cations shall be subject to the terms and provisions of this Agreement, specifically including,without limitation,the “Maintenance”section of this Agreement. C.Improvements and modi?cations shall be constructedand completed by the Agency within sixty (60) days of the date of the Department’s written notice requiring improvements or modifications. 9.ADDITIONAL LANDSCAPING The Agency shall not install additional landscaping within the Property without ?rst seeking and obtaining required approvals and permits from the Department.Such additional landscaping shall be automatically included within,and subject to,the provisions of this Agreement. 10.PERMISSIVE USE This Agreement creates a permissive use only.The Agency shall not acquire any right,title,interest or estate in the Property by virtue of the execution,operation,effect or performance of this Agreement. MAwith Agency FINAL (Legal Approval 03/15/2023)Page 3 Agenda Item #8.A. 23 Oct 2023 Page 43 of 158 11.EMINENTDOMAIN AND DAMAGES Under no circumstances shall the Department’s exercise of any right provided in this Agreement create any right,title,interest or estate entitling the Agency to full and just compensation from the Department either through inverse condemnation or eminent domain laws or any similar laws regarding the taking of property for public purposes.The Agency forever waives and relinquishes all legal rights and monetary claims which it has,or which may arise in the future,for compensation or damages,including,without limitation,special damages,severance damages,removal costs,and loss of business pro?ts resulting in any manner from the Department's exercise of any right provided in this Agreement.This waiver and relinquishment specifically includes all damages flowing from adjacent properties owned,leased or othenivise controlled by the Agency,as a result of the Department’s exercise of any right provided in this Agreement. 12.REMOVAL The Department may require modification,relocation or removal of the landscaping,plants,trees,and other improvements located on or within the Property without liabilityto the Agency if:(1)any such improvements are not maintained in accordance with the terms and provisions of this Agreement;(2)modification, relocation or removal of any such improvements is required by applicable Governmental Law;or (3)the Department determines that modi?cation,relocation or removal of any such improvements is necessary or will benefit the Department in the conduct of its business.The Agency shall modify,relocate or remove improvements designated by the Department for modi?cation,relocation or removal and shall restore the Property to a condition that satisfies the requirements of applicable Governmental Law within thirty (30) days of the Department’s written notice requiring modi?cation,relocation or removal.The Agency shall bear all cost and expense of the modification,relocation,removal and restorative work,including,without limitation,the cost of required permits. 13.PAYMENTS TO AGENCY A.The Department shall compensate the Agency for the performance of this Agreement in the amount of 17 000.00 er uarter for a total sum of 68 000.00 er ear.Payments shall commence at the conclusion of the first three-month period following the Effective Date of this Agreement,upon the Department's written acceptance of the Agency's completion of the quarterly maintenance responsibilities by the Department.The Department shall suspend payment of any sums due hereunder without penalty or interest ifthe Agency is in breach of any term or provision of this Agreement at the time payment is due. In the event this Agreement is terminated,payment shall be prorated for the quarter in which termination occurs. B.Prior to each quarterly payment,the Agency shall provide a completed copy of the form identical to attached Exhibit "B”demonstrating completion of the quarterly maintenance responsibilities in detail suf?cient for a proper pre-audit and post-audit,based on the quanti?able,measurable,and verifiable deliverables of the maintenance responsibilities established in Paragraph 6(B)(1-7),above,as required by the terms and conditions of this Agreement. 14.PAYMENTS TO DEPARTMENT All Department invoices submitted to the Agency 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 Department 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. 15.INDEMNIFICATION A.The Agency shall promptly defend,indemnify,hold the Department 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 Agency's performance,or breach,of this Agreement (“Liabilities”) .The term “Liabilities”shall also specifically include all civil and criminal environmental liabilityarising,directly or indirectly under any Governmental Law,including,without limitation,liability under the Resource Conservation and Recovery Act (“RCRA”),the Comprehensive Environmental Response,Compensation MA with Agency FINAL (Legal Approval 03/15/2023)Page 4 Agenda Item #8.A. 23 Oct 2023 Page 44 of 158 and Liability Act ("CERCLA”),the Clean Air Act ("CAA”)and the Clean Water Act (“CWA”).The Agency’s duty to defend,indemnify and hold the Department harmless specifically does not encompass indemnifying the Department for its negligence,intentional or wrongful acts,omissions or breach of contract. B.The Agency shall notify the Department in writing immediately upon becoming aware of any Liabilities. The Agency’s obligation to defend,indemnify and hold the Department harmless from any Liabilities,or at the Department's option to participate and associate with the Department in the defense and trial of any Liabilities,including any related settlement negotiations,shall be triggered by the Department's written notice of claim for indemnification to the Agency.The Agency's inabilityto evaluate liability,or its evaluation of liability,shall not excuse performance of the provisions of this paragraph. 16.SOVEREIGN IMMUNITY&LIMITATION OF LIABILITY Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the Department’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.Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the Department’s limits of liabilityset forth in sections 376.305 and 337.27(4),Florida Statutes,as the same may be amended from time to time.The Department's liability for breach of this Agreement is specifically:(1)limited to actual damages incurred by the Agency as a direct result of the Department's breach;and (2)further limited in amount and shall not,under any circumstances,exceed the limitations of liabilityfor tort actions set forth in §768.28(5),Florida Statutes,as the same may be amended from times to time. 17.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: Department:Florida Department of Transportation Attn.:Maintenance Manager/Contracts 2198 Edison Avenue Jacksonville,Florida 32204 Agency:City of Atlantic Beach 800 Seminole Road Atlantic Beach,Florida 32233 18.GOVERNING LAW This Agreement shall be governed in all respect by the laws of the State of Florida. 19.INITIALDETERMINATION OF DISPUTES V The Department's District Two Secretary ("District Secretary”)shall act as the initial arbiter of all questions, difficulties,and disputes concerning the interpretation,validity,performance or breach of this Agreement. 20.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 by the Department’s District Secretary shall lie exclusively in a state court of appropriate jurisdiction in Leon County,Florida. B.The Agency 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 MAwith Agency FINAL(Legal Approval 03/15/2023)Page 5 Agenda Item #8.A. 23 Oct 2023 Page 45 of 158 waived and relinquished all personal jurisdiction defenses with respect to any proceeding related to the interpretation,validity,performance or breach of this Agreement. 21.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 there from. 22.ASSIGNMENT The Agency may not assign,pledge or transfer any of the rights,duties and obligations provided in this Agreement without the prior written consent of the Department’s District Secretary or his/her designee.The Department has the sole discretion and authority to grant or deny proposed assignments,with or without cause.Nothing herein shall prevent the Agency from delegating its duties hereunder,but such delegation shall not release the Agency from its obligation to perform this Agreement. 23.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,bene?ts, obligations or remedies upon any other person or entity except as expressly provided for herein. 24.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 re?ects 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 in?uence;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. 25.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 speci?cally 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. 26.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. 27.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. 28.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. 29.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. 30.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 othenivise unenforceable,all remaining parts of this MA with Agency FINAL (Legal Approval 03/15/2023)Page 6 Agenda Item #8.A. 23 Oct 2023 Page 46 of 158 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. 31.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. 32.MODIFICATIONOF AGREEMENT A modi?cation 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. 33.VENDOR OMBUDSMAN A Vendor Ombudsman has been established with the Department of Banking and Finance.The duties of the Vendor Ombudsman include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s)from a state agency.The Vendor Ombudsman may be contacted by calling the State Comptroller's Hotline at 1-800-848-3792. 34.ANNUAL APPROPRIATION I FUNDING Pursuant to §339.135(6)(a),Florida Statutes,the Department’s obligation to fund this Agreement is contingent upon annual appropriation by the Florida Legislature.This Agreement may be terminated by the Department without liability to the Agency if sufficient funds are not appropriated to the Department. The provisions of §339.135(6)(a),Florida Statutes,are set forth herein verbatim and made part of this Agreement,to wit: “The department,during any ?scal year,shall not expend money,incur any liability,or enter into any contract which,by its terms,involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year.Any contract,verbal or written,made in violation of this subsection is null and void,and no money may be paid on such contract.The department shall require a statement from the comptroller of the department that funds are available prior to entering into any such contract or other binding commitment of funds.Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding ?scal years;and this paragraph shall be incorporated verbatim in all contracts of the department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year.” 35.PUBLIC RECORDS Agency shall comply with Chapter 119,Florida Statutes.Speci?cally,the Agency shall: A.Keep and maintain public records that ordinarily and necessarily would be required by the Department to perform this Agreement. B.Upon request from the Department's custodian of public records,provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,Florida Statutes,or as othenivise provided by law. C.Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of the Agreement if Agency does not transfer the records to the Department. D.Upon completion of this Agreement,transfer,at no cost,to the Department all public records in possession of Applicant or keep and maintain public records required by the Department to perform this Agreement.If Agency transfers all public records to the public Agency upon completion of this Agreement, MAwith Agency FINAL (Legal Approval 03/15/2023)Page 7 Agenda Item #8.A. 23 Oct 2023 Page 47 of 158 Agency shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If Agency keep and maintain public records upon completion of this Agreement,Agency shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the Department,upon request from the Department’s custodian of public records,in a format that is compatible with the information technology systems of the Department. Failure by Agency to act in accordance with Chapter 119 and the foregoing shall be grounds for immediate unilateral cancellation of this Agreement by the Department.Agency shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of Agency and shall promptly provide the Department a copy of Applicant's response to each such request. IF THE CONSULTANT/CONTRACTORNENDORHAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONSULTANT'S/ CONTRACTOR’SNENDOR’SDUTYTOPROVIDEPUBLICRECORDSRELATING TO THIS AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT District 2 386-758-3727 D2prcustodian@ dot.State.FL.us Florida Department of Transportation District 2 -Office of General Counsel 1109 South Marion Avenue,MS 2009 Lake City,FL 32025 IN WITNESS WHEREOF,intending to be legally bound hereby,the parties execute this Agreement consisting of nine (9)pages,exclusive of exhibits. Florida Department of Transportation Attest: Date: MAwith Agency FINAL (Legal Approval 03/15/2023)Page 8 Date: Legal Review: By: Office of the General Counsel Florida Department of Transportation Printed Name:Gre Evans Printed Name:Elizabeth En Ie Title:District Secreta Title:Executive Secreta Agenda Item #8.A. 23 Oct 2023 Page 48 of 158 INTENTIONALLY LEFT BLANK SIGNATURES ON FOLLOWING PAGE MA with Agency FINAL (Legal Approval 03/15/2023)Page 9 Agenda Item #8.A. 23 Oct 2023 Page 49 of 158 Attest:Agency Title: Date: Title: Date: By‘ Legal Counsel for Agency MAwith Agency FINAL (Legal Approval 03/15/2023)Page 10 Printed Name:Printed Name: Legal Review: Agenda Item #8.A. 23 Oct 2023 Page 50 of 158 INTENTIONALLY LEFT BLANK MA with Agency FINAL (Lega|Approval 03/15/2023)Page 11 Agenda Item #8.A. 23 Oct 2023 Page 51 of 158 vn 4.80 9.36 3.50 2.75 545 9.09 12.68 EXHIBIT“A” (City of Atlantic Beach) MAINTENANCE LOCATIONS Qua rte rly 17 000.00Amount5' Quarterly Totals 47.88 2312 Unit Cost $12.42 $72.80 $103.50 $201.25 $43.58 $489.00 Tota|CoslPerVear $2,378,68 $524.16 $9,696.92 $3,123.40 $8,838.02 $2,045.09 $9,457.14 $31,936.59 Overall Yearly Cost $68'°°o'oD State Road No. 10 101 101 101 101 Street Name Atlantic Blvd. Mavport Rd. Mayport Rd. Mayport Rd. 4th Bi5th St. @ Begonia Mayport Rd. off Mayport Rd. From To East of lntraciziastal3rd St-Waterwa End e Atlantic Blvd.Assisi Rd. Ditch @ Saratoga Cir.50. Ditch @ Fleet Landing Blvd. Retention Pond "B“off Ma ort Rd. Retention Pond "C"off Atlantic Blvd. Pond it 3 @ Hess Station Robert St.Dudley St. Totals Cycles Per Year Total Qty's.Per Year Litter Removal laere) 541 6.83 4.59 1.07 0.63 1.30 0.67 0.60 0.27 15.96 19 1.52 .‘SmallIntermediate Machine Math?” Mowing (acre)Muwmg (acre) 484 485 4.91 3.82 0.50 0.30 0.78 0.56 0.34 0.80 10.41 9 9 7.20 53.69 Slope Mowing (acre) 482 0.78 2.00 0.30 0.30 0.26 0.24 3.88 15.52 Mechanical Tree,Storm Water _Trimming Sweeping (mile)Management (mile)(acre) 543 492 498 10.20 6.70 0.50 16.90 1.00 20.41 12 1 4 202.80 Curb/ SidewalkEdging(mile) 21.77 65.31 MAwith Agency FINAL (Legal Approval 03/15/2023)Page 12 16.33 JV1 Repnrt MH 0.50 Agenda Item #8.A. 23 Oct 2023 Page 52 of 158 EXHIBIT “B” (MAINTENANCEACTIVITIESCHART) Activity Activity Title Number 482 Slope Mowing 484 Intermediate Machine Mowin 485 Small Machine Mowing 492 Tree Trimming 498 Storm Water Management 541 Roadside Litter Removal 543 Road Sweeping - Mechanical 545 Ed in and Swee in Agreement #: Work Unit of Activity Measure Number 482 Acres 484 Acres 485 Acres Units Completed Activity Description Grass,brush and weed cutting along slopes too steep t safely mow or are inaccessible for conventional mowing tractors. The intermediate machine mowing of areas (using mowers greater than (40”)and less than (7') too difficult to mow with larger mowers and not practical for small mowers. Mowing the roadside with small hand or riding mowers having a cutting width of 40 inches or less. The trimming of the height and sides of trees and removal of undesirable trees (over 4 inches in diameter or trimming that cannot be done under activity 487).To include the chipping and/or removal of all debris from work site. All efforts required to maintain Surface/StormWater Management Systems functioning as designed and permitted.Efforts include but are not limited to mowing,litter removal,chemical or manual weed control,etc.Generally,work will be confined to the permitted retention/detentionareas however,other systems may be included. Cleaning roadways and roadsides of debris,such as cans,bottles,paper,trash and Adopt—A- Highway litter.Includes the hauling and disposal of litter.Does not include wayside parks,rest areas and service plaza barrels. Machine sweeping of roadway to protect the facility from excessive accumulation of debris. Removal of vegetation and debris from the curb,gutter and sidewalk. Quarterly Billing Period: Completion Date Completion Date Completion Date MAwith Agency FINAL (Legal Approval 03/15/2023)Page 13 498 Acres 541 Acres 543 Curb Mile 545 Miles 492 Mi|eIManhours Agenda Item #8.A. 23 Oct 2023 Page 53 of 158 EXHIBIT“C” (RESOLUTION) MAwith Agency FINAL (Legal Approval 03/15/2023)Page 14 Agenda Item #8.A. 23 Oct 2023 Page 54 of 158 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT BUDGET:N/A ATTACHMENTS:1.Resolution No.23-48 2.Statewide Mutual Aid Agreement 2023 AGENDA ITEM:Resolution No.23-48 authorizingCOAB Participationin the State of Florida Mutual Aid Agreement 2023 SUBMITTED BY:Victor Gualillo,Chief of Police TODAY’S DATE:October 10,2023 MEETING DATE:October 23,2023 BACKGROUND:The State of F lorida’s Division of Emergency Management has historically executed Mutual Aid Agreements with county governments within the state to facilitate sharing of resources during responses to emergencies and disasters.When those counties have coordinated resources from other jurisdictions to respond as part of a county or regional Emergency Management Team,all jurisdictions operate under a Mutual Aid Agreement signed only by that County.The State of Florida now wishes to obtain Mutual Aid Agreements for all jurisdictions who agree to participate in cooperation with each other and the State during response to disasters. Signing this agreement clari?es the rights and responsibilities of the COAB when requesting or providing assistance during a disaster or emergency. RECOMMENDATION:Approve Resolution No.23-48 CITY MANAGER: Agenda Item #8.C. 23 Oct 2023 Page 55 of 158 RESOLUTION NO.23-48 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO SIGN THE STATE OF FLORIDA MUTUAL AID AGREEMENT 2023 WHEREAS,The State of Florida is vulnerable to a wide range of emergencies and disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services;and WHEREAS,such emergencies and disasters often exceed the emergency response and recovery capabilities of any one county or local government;and WHEREAS,such incidents may also give rise to unusual and unanticipated physical and technical needs which a local government cannot meet with existing resources,but that other local governments within the State of Florida may be able to provide;and WHEREAS,The Emergency Management Act,Chapter 252,Florida Statutes,provides each local government of the state the authority to develop and enter into mutual aid agreements within the state for reciprocal emergency aid in case of emergencies too extensive to be dealt with unassisted,and through such agreements ensure the timely reimbursement of costs incurred by the local governments which render such assistance;and WHEREAS,Pursuant to Chapter 252.32,Florida Statutes,the Florida Division of Emergency Management renders mutual aid among the political subdivisions of the state to carry out emergency management functions and responsibilities;and WHEREAS,Pursuant to Chapter 252,Florida Statutes,the Florida Division of Emergency Management has the authority to coordinate and direct emergency management assistance between local governments and concentrate available resources where needed;and WHEREAS,The City of Atlantic Beach ?nds it valuable and essential to participate in mutual cooperation with other jurisdictions and the State of Flo1ida’s Division of Emergency Management during times of disaster; NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The Mayor is hereby authorized to execute the Statewide Mutual Aid Agreement 2023 with the Florida Department of Emergency Management;and SECTION 2.This Resolution shall take effect immediately upon its passage and adoption and will continue in effect for one (1)year from its date of execution.and it shall automatically renew each year after its execution,unless within sixty (60)calendar days before the renewal date the Participating Party noti?es the Division,in writing,of its intent to withdraw from the Agreement. PASSED AND ADOPTED by the City of Atlantic Beach,this 23“day of October,2023 ATTEST Curtis Ford,Mayor Donna L.Bartle,City Clerk Approved as to form and correctness: Jason Gabriel,City Attorney Agenda Item #8.C. 23 Oct 2023 Page 56 of 158 STAYE LOGISHCS RESPONSE CENTER STATEOF FLORIDA D I V I S I 0 N H E A D Q U A R T E R S Te|eph0ne:850-815-4000 2555 Shumard Oak Boulevard wwwF|gridaDi§g§1§r,org Tallahassee,FL 32399-2100 Ron Desantis,Governor KevinGuthrie,ExecutiveDirecto r STATEWIDE MUTUAL AID AGREEMENT -2023 This Agreement is an acknowledgment of receipt by the Florida Division of Emergency Management ("the Division”)and the local government (“Participating Party”)signing this Agreement.Execution of this agreement replaces all previous iterations and is active until a new agreement is drafted and requested by The Division. This Agreement is based on the existence of the following conditions: A.The State of Florida is vulnerable to a wide range of emergencies and disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliverthose services. B.Such emergencies and disasters often exceed the emergency response and recovery capabilities of any one county or local government. C.Such incidents may also give rise to unusual and unanticipated physical and technical needs which a local government cannot meetwith existing resources,but that other local governments within the State of Florida may be able to provide. D.The Emergency Management Act,chapter 252,Florida Statutes,provides each local government of the state the authority to develop and enter into mutual aid agreements within the state for reciprocal emergency aid in case ofemergencies too extensive to be dealt with unassisted,and through such agreements ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E.Pursuant to chapter 252.32,Florida Statutes,the Division renders mutual aid among the political subdivisions of the state to carry out emergency management functions and responsibilities. F.Pursuant to chapter 252,Florida Statutes,the Division has the authority to coordinate and direct emergency management assistance between local governments and concentrate available resources where needed. Based on the existence of the foregoing conditions,the Parties agree to the following articles: ARTICLE I:DEFINITIONS As used in this Agreement,the following expressions shall have the following meanings: A.The “Agreement”is this Agreement,which shall be referred to as the Statewide Mutual Aid Agreement (“SMAA"). 2702 Directors Row Orlando,FL 32809-5631 Agenda Item #8.C. 23 Oct 2023 Page 57 of 158 DIVISION HEADQIJARTER STITE LOGISTICS RESPONSE CENTER STATE OF FLORIDA DIVISIONOF EMERGENCYMANAGEME S Telephone:850-815- 40002555ShumardOakBoulevardwww.FloridaDisaster. orgTallahassee,FL 32399-2100 Ron Desantis,Governor KevinGuthrie,ExecutiveDirecto r B.The “Division”is the FloridaDivision of Emergency Management. C.A "Requesting Party"to this Agreement is a Participating Party who requests assistance under this agreement. D.An “Assisting Party”to this Agreement is a Participating Party who provides assistance to a Requesting Party under this agreement. E.The “Period of Assistance”is the time during which an Assisting Party renders assistance to a Requesting Party under this agreement and includes the time necessary for the resources and personnel of the Assisting Party to travel to the place speci?ed by the Requesting Party and the time necessaryto return to their place of origin. F.A “Mission”is a documented emergency response activity performed during a Period of Assistance,usually in reference to one operational function or activity. G.A “local government”is any educational district,special district,or any entity that is a “local governmental entity”within the meaning of section 11.45(1)(g),Florida Statutes. H.An “educational district”is any school district within the meaning of section 1001.30, Florida Statutes,and any Florida College System Institution or State University within the meaning of section 1000.21,Florida Statutes. I.A “special district”is any local or regional governmental entity which is an independent special district within the meaning of section 189.012(3),Florida Statutes, established by local,special,or general act,or by rule,ordinance,resolution,or interlocal agreement. J.A “tribal council”is the respective governing bodies of the Seminole Tribe of Florida and Miccosukee Tribe of Indians recognized as special improvement district by section 285.1 8(1),Florida Statutes. K.An “interlocal agreement”is any agreement between local governments within the meaning of section 163.01 (3)(a),Florida Statutes. L.A “Resource Support Agreement”as used in this Agreement refers to a supplemental agreement of support between a Requesting Party and an Assisting Party. M.“Proof of work”as used in this Agreement refers to original and authentic documentation of a single individual or group of individuals’emergency response activity at a tactical level. 2702 Directors Row Orlando,FL 32809-5631 Agenda Item #8.C. 23 Oct 2023 Page 58 of 158 STATEOF FLORIDA KevinGuthrie,ExecutiveDirectoRonDesantis,Governo D ISION HEAD U RTERS Telephone:850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.F|oridaDisaster.or 2702 Directors Row Tallahassee,FL 32399-2100 Orlando,FL 32309-5631 N."Proof of payment”as used in this Agreement refers to original and authentic documentation of an emergency response expenditure made by an Assisting Party. 0.A “Reimbursement Package”as used in this Agreement refers to a full account of mission response documentation supported by proof of work and proof of payment. P.Any expressions not assigned de?nitions elsewhere in this Agreement shall have the de?nitions assigned them by the Emergency Management Act,Chapter 252,Florida Statutes. ARTICLE II:APPLICABILITY OF THE AGREEMENT Any Participating Party,including the Division,may request assistance under this Agreement for a “major disaster”or “catastrophic disaster”as de?ned in section 252.34,Florida Statutes,minor disasters,and other such emergencies as lawfullydetermined by a Participating Party. ARTICLE III:INVOCATION OF THE AGREEMENT In the event of an emergency or anticipated emergency,a Participating Party may request assistance under this Agreement from any other Participating Party or the Division if,in the judgement of the Requesting Party,its own resources are inadequate to meet the needs of the emergency or disaster. A.Any request for assistance under this Agreement may be oral,but within ?ve (5) calendar days must be confirmed in writing by the Requesting Party.All requests for assistance under this Agreement shall be transmitted by the Requesting Party to another Participating Party or the Division.If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Division,the Requesting Party and Assisting Party shall keep the Division advised of their activities. B.The Division shall relay any requests for assistance underthis Agreement to such other Participating Parties as it may deem appropriate and coordinate the activities of the Assisting Parties to ensure timely assistance to the Requesting Party.All such activities shall be carried out in accordance with the State’s Comprehensive Emergency Management Plan. ARTICLE IV:RESPONSIBILITIES OF REQUESTING PARTIES To the extent practicable,all Requesting Parties shall provide the following information to their respective county emergency management agency,the Division,and the intended Assisting Party or Parties.In providing such information,Requesting Parties should utilize Section I of the Agenda Item #8.C. 23 Oct 2023 Page 59 of 158 E CENTER STATEOF FLORIDA Ron Desantis,Governor KevinGuthrie,Executive Directo r Resource Support Agreement (RSA)Form,available via the 1 A.A description of the Mission to be performed by the Assisting Party; B.A description of the resources and capabilities needed to complete the Mission successfully; C.The location,date,and time personnel and resources from the Assisting Party should arrive at the incident site,staging area,facility,or other location designated by the Requesting Party; D.A description of the health,safety,and working conditions expected for deploying personnel; E.Lodging and meal availability; F.Any logistical requirements; G.A description of any location or facility outside the territorial jurisdiction of the Requesting Party needed to stage incoming resources and personnel; H.The location date,and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party;and l.A technical description of any communications equipment needed to ensure effective information sharing between the Requesting Party,any Assisting Parties,and all relevant responding entities. ARTICLE V:RESPONSIBILITIES OF ASSISTING PARTIES Each Party shall render assistance under this Agreement to any Requesting Party to the extent practicable that its personnel,equipment,resources,and capabilities can render assistance.If upon receiving a request for assistance under this Agreement a Party determines that it has the capacity to render some or all of such assistance,it shall provide the following information without delay to the Requesting Party,the Division,and the Assisting Party's County emergency management agency.in providing such information,the Assisting Party should utilize the Section II of the Resource Support Agreement (RSA)Form,available via the ‘FDEM approved documents such as activity logs and mutual aid forms can be found at: https://portal.?oridadisaster.org/projects/FROC/FROC_Documents/Forrns/Allltems.aspx?View=%7B6F3C F7BD%2DCOA4%2D4B E2%2DB809%2DCBD09D7DO6B 6%7D ISION HEADQUARTERS Te|ephone:85U-815-4000 STATE LOGISTICS RESPONS 2555 Shumard Oak Boulevard www.FloridaDisaster.or 2702 Directors Row Tallahassee,FL 32399-2100 Orlando,FL 32809-5631 Division a roved documents SharePoint site Division a roved documents SharePoint site Agenda Item #8.C. 23 Oct 2023 Page 60 of 158 STATE LOGISTICS RESPONSE CENTER STATEOF FLORIDA KevinGuthrie,ExecutiveDirectoRonDesantis,Governo A.A description of the personnel,equipment,supplies,services and capabilities it has available,together with a description of the qualifications of any skilled personnel; B.An estimate of the time such personnel,equipment,supplies,and services will continue to be available; C.An estimate of the time it will take to deliver such personnel,equipment,supplies,and services to the location(s)speci?ed by the Requesting Party; D.A technical description of any communications and telecommunications equipment available for timely communications with the Requesting Party and other Assisting E.The names and contact information of all personnel whom the Assisting Party has designated as team leaders or supervisors;and F.An estimated cost for the provision of assistance. ARTICLE VI:RENDITION OF ASSISTANCE The Requesting Party shall afford the emergency response personnel of all Assisting Parties, while operating within the jurisdictional boundaries of the Requesting Party,the same powers, duties,rights,and privileges,except that of arrest unless speci?cally authorized by the Requesting Party,as are afforded the equivalent emergency response personnel of the Requesting Party.Emergency response personnel of the Assisting Party will remain under the command and control of the Assisting Party,but during the Period of Assistance,the resources and responding personnel of the Assisting Party will perform response activities under the operational and tactical control of the Requesting Party. A.Unless othen/vise agreed upon between the Requesting and Assisting Party,the Requesting Party shall be responsible for providing food,water,and shelter to the personnel of the Assisting Party.For Missions performed in areas where there are insufficient resources to support responding personnel and equipment throughout the Period of Assistance,the Assisting Party shall,to the fullest extent practicable,provide their emergency response personnel with the equipment,fuel,supplies,and technical resources necessary to make them self-sufficient throughout the Period of Assistance. When requesting assistance,the Requesting Party may specify that Assisting Parties send only self-sufficient personnel and resources but must specify the length of time self-sufficiency should be maintained. DIVISION HEADQUARTERS Te|ephone:850-B15-4000 2555 Shumard Oak Boulevard www.F|oridaDisaster.or 2702 Directors Row Tallahassee,FL 32399-2100 Orlando.FL 32809-5631 Parties; Agenda Item #8.C. 23 Oct 2023 Page 61 of 158 STATE LOGISTICS RESPONSE CENTER FDE STATEOF FLORIDA DIVISION HEADQUARTERS Te| ephone:850-815-40002555ShumardOakBoulevardwww.FloridaDisaster. orTallahassee,FL 32399-2100 RonDesantis,Governor KevinGuthrie,ExecutiveDirecto r B.Unless the Requesting Party has specified the contrary,it shall,to the fullest extent practicable,coordinate all communications between its personnel and the responding personnel of the Assisting Parties,and shall determine and share the frequencies and other technical speci?cations of all communications equipment to be used,as appropriate,with the deployed personnel of the Assisting Parties. C Personnel of the Assisting Party who render assistance under this Agreement shall receive the usual wages,salaries,and other compensation as are normally afforded to personnel for emergency response activities within their home jurisdiction,and shall have all the immunities,rights,interests,and privileges applicable to their normal employment.If personnel of the Assisting Party hold local licenses or certi?cations limited to the jurisdiction of issue,then the Requesting Party shall recognize and honor those licenses or certi?cations for the duration of the Period of Assistance. ARTICLE VII:REIMBURSEMENT After the Period of Assistance has ended,the Assisting Party shall have 45 days to develop a full reimbursement package for services rendered and resources supplied during the Period of Assistance.All expenses claimed to the Requesting Party must have been incurred in direct response to the emergency as requested by the Requesting Party and must be supported by proof of work and proof of payment. To guide the proper documentation and accountability of expenses,the Assisting Party should utilize the Claim Summary Form,available via the as a guide and summary of expense to collect information to then be formally submitted for review by the Requesting Party. To receive reimbursement for assistance provided under this agreement,the Assisting Party shall provide,at a minimum,the following supporting documentation to the Requesting Party unless otherwise agreed upon between the Requesting and Assisting Parties: A.A complete and authentic description of expenses incurred by the Assisting Party during the Period of Assistance; B.Copy ofa current and valid Internal Revenue Service W-9 Form; C.Copies of all relevant payment and travel policies in effect during the Period of Assistance; D.Daily personnel activity logs demonstrating emergency response activities performed for all time claimed (for FDEM reimbursement Division approved activity logs will be required for personnel activity claims); 2702 Directors Row Orlando,FL 32809-5631 Division a roved documents SharePoint site Agenda Item #8.C. 23 Oct 2023 Page 62 of 158 Ro STATEOF FLORIDA KevinGuthrie,ExecutiveDirectoDesantis,Governo and travel reimbursement records for all claimed personnel expenses; F.Neat and comprehensive fringe benefit calculations for each position class or category of claimed personnel; G.Written justification for all additional expenses/purchases incurred during the Period of Assistance; H.Proof of payment for additional/miscellaneous expenses incurred during the Period of Assistance I.activity logs demonstrating equipment use and operation in support of emergency response activities for all time claimed (for FDEM reimbursement Division approved forms will be required for equipment activity claims); J.Proof of reimbursement to all employees who incurred emergency response expenses with personal money; K.Justification for equipment repair expenses;and L.applicable supporting agreements or contracts with justification. If a dispute or disagreement regarding the eligibilityof any expense arises,the Requesting Party, Assisting Party,or the Division may elect binding arbitration.lf binding arbitration is elected,the Parties must select as an arbitrator any elected of?cial of another‘ParticipatingParty,or any other of?cial of another Participating Party whose normal duties include emergency management,and the other Participating Party shall also select such an of?cial as anarbitrator,and the arbitrators thus chosen shall select another such of?cial as a third arbitrator.- The three (3)arbitrators shall convene by teleconference or videoconference within thirty (30) calendar days to consider any documents and any statements or arguments by the Division,the Requesting Party,or the Assisting Party concerning the protest,and shall render a decision in writing not later than ten (10)business days after the close of the hearing.The decision of a majority of the arbitrators shall bind the parties and shall be ?nal. lfthe Participating Parties do not elect binding arbitration,this agreement and any disputes arising thereunder shall be governed by the laws of the State of Florida and venue shall be in Leon County,Florida.Nothing in this Agreement shall be construed to create an emp|oyer—employee relationship or a partnership or joint venture between the participating parties.Furthermore, nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of section 768.28,Florida Statutes.Nothing herein shall be construed as consent by either Party to be sued by third parties. DIVISION HEADQUARTERS Te|ephone:850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www,F|oridaDisasterorg 2702 Directors Row Tallahassee,FL 32399-2100 Orlando,FL 32809-5631 Copies of any E.Official payroll Equipment Agenda Item #8.C. 23 Oct 2023 Page 63 of 158 E CENTER STATEOF FLORIDA Ron Desantis,Governo KevinGuthrie,ExecutiveDirecto r The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A.Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages,salaries,and any and all other compensation for mobilization,hours worked,and demobilization.Such compensation shall include any and all contributions for insurance and retirement,and such employees shall continue to accumulate seniority at the usual rate.As between the employees and the Assisting Party,the employees shall have all the duties, responsibilities,immunities,rights,interests,and privileges incident to their usual employment.The Requesting Party shall reimburse the Assisting Party for these costs of employment. B.The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established in FEMA’s Schedule of Equipment,or at any other rental rate agreed to by the Requesting Party.In order to be eligible for reimbursement,equipment must be in actual operation performing eligible work.The labor costs of the operator are not included in the rates and should be approved separately from equipment costs.The Assisting Party shall pay for fuels,other consumable supplies,and repairs to its equipment as needed to keep the equipment in a state of operational readiness.Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies,maintenance,service,repairs,and ordinary wear and tear.With the consent of the Assisting Party,the Requesting Party may provide fuels,consumable supplies, maintenance,and repair services for such equipment at the site.In that event,the Requesting Party may deduct the actual costs of such fuels,consumable supplies, maintenance,and services from the total costs othenivise payable to the Assisting Party. if the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance,the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such damage that may otherwise be payable. C.The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement.In the case of perishable supplies,consumption shall be deemed to include normal deterioration,spoilage,and damage notwithstanding the exercise of reasonable care in its storage and use.Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance,and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies.If the Assisting Party agrees,the Requesting Party may also replace any and all used consumable supplies with like D VISION HEADQUARTERS Te|eph0ne:850-815-4000 STATE LOGISTICS RESPONS 2555 Shumard Oak Boulevard www.F|oridaDisaster.or 2702 Directors Row Tallahassee,FL 32399-2100 Orlando,FL 32809-5631 ARTICLE VIII:COST ELIGIBLE FOR REIMBURSEMENT Agenda Item #8.C. 23 Oct 2023 Page 64 of 158 STATE LDGISYICS RESPONSE CENTER Ron STATEOF FLORIDA KevinGuthrie,ExecutiveDirectoDesantis,Governor D I V I S I 0 N H E A E R S Telephone:850-815- 40002555ShumardOakBoulevardwww.F| oridaDisas1erorgTallahassee,F 32399-2100 supplies in usable condition and of like grade,quality and quantity within the time allowed for reimbursement under this Agreement. The Assisting Party shall keep records to document all assistance rendered under this Agreement.Such records shall present information sufficient to meet the audit requirements speci?ed in the regulations of FEMA and any applicable circulars issued by the State of Florida.Upon reasonable notice,the Assisting Party shall make its records available the Requesting Party for inspection or duplication between 8:00 a.m. and 5:00 p.m.on all weekdays,except for of?cial holidays. ARTICLE IX:INSURANCE Each Participating Party shall determine for itself what insurance to procure,if any.With the exceptions in this Article,nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A.Each Participating Party shall procure employers’insurance meeting the requirements of the Workers’Compensation Act,as amended,affording coveragefor any of its employees who may be injured while performing any activities underthe authority of this Agreement,and shall be provided to each Participating Party. .Any Participating Party that elects additional insurance affording liability coverage for any be provided to each Participating Party.activities that may be performed under the authority of this Agreement shall .Subject to the limits of such liability insurance as any Participating Party may elect to procure,nothing in this Agreement shall be construed to waive,‘in whole or in part,any immunity any Participating Party may have in anyjudicial or quasi—judicia|proceeding. .Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties and shall not be deemed to be the agent of any other Participating Party. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. QUART 2702 Directors Row Orlando,FL 32809-5631 Agenda Item #8.C. 23 Oct 2023 Page 65 of 158 STATEOF FLORIDA Ron Desantis,Governo Kevin Guthrie,Executive Director ARTICLE X:GENERAL REQUIREMENTS Notwithstanding anything to the contrary elsewhere in this Agreement,all Parties shall be subject to the following requirements in the performance of this Agreement: All Participating Parties shall allow public access to all documents,papers,letters,or other materials subject to the requirements of the Public Records Act,as amended,and made or received by any Participating Party in conjunction with this Agreement. B.No Participating Party may hire employees in violation of the employment restrictions in the Immigration and Nationality Act,as amended. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. D.Any communication to the Division under this Agreement shall be sent via either email, the Division of Emergency Managements Enterprise System (DEMES),or mail to the Response Bureau,Florida Division of Emergency Management,2555 Shumard Oak Boulevard,Tallahassee,Florida 32399-2100. E.Any communication to a Participating Party shall be sent to the official or officials specified by that Participating Party.For the purpose of this any such communication may be sent by the U.S.Mail,e—mai|,or other electronic platforms. ARTICLE XI:EFFECTS OF AGREEMENT Upon its execution by a Participating Party,this Agreement shall have respect to that Participating Party: The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights,interests,duties, responsibilities,and obligations of that Participating Party under the Statewide Mutual Aid Agreement of 1994,but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Statewide Mutual Aid Agreement of 1994,regardless of whether such costs are billed or unbilled. B.The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights,interests,duties, responsibilities and obligations of that Participating Party under the Public Works Mutual Aid Agreement,but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Public Works Mutual Aid Agreement, 5 0 ARTERS Te|ephone:B50-815-4000 STATE LOGISTICS RESPONSE 2555 Shumard Oak Boulevard www.F|oridaDisaster.or 2702 Directors Row Tallahassee,FL 32399-2100 Orlando,FL 32809-5631 the following effect with sec?on, Participating Agenda Item #8.C. 23 Oct 2023 Page 66 of 158 STATE LOGISTICS RESPONSE CENTER Ron FOE; STATEOF FLORIDA DIVISIONOF EMERGENCYMANAGEME KevinGuthrie,ExecutiveDirectoDesantis,Governo The regardless of whether such costs are billed or unbilled. .Upon the activation of this Agreement by the Requesting Party,this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. Upon its execution by any Participating Party,this Agreement will continue in effect for one (1)year from its date of execution by that Participating Party,and it shall automatically renew each year after its execution,unless within sixty (60)calendar days before the renewal date the Participating Party notifies the Division,in writing,of its intent to withdraw from the Agreement. .The Division shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5)business days after its execution by the Division.Such amendment shall take effect not later than sixty (60) calendar days after the date of its execution by the Division and shall then be binding on all Participating Parties.Notwithstanding the preceding sentence,any Participating Party who objects to the amendment may withdraw from the Agreement by notifying the Division in writing of its intent to do so within that time in accordance with section E of this Article. Party may rescind this Agreement at,wil|after providing the other Participating Party a written SMAA withdrawal notice.Such notice shall be provided at least 30 days prior to the date of withdrawal.This 30-day withdrawal notice must be: written,signed by an appropriate authority,duly authorized on the official letterhead of the Participating Party,and must be sent via email,the Division of Emergency Enterprise System (DEMES),or certi?ed mail. OF AGREEMENT application of this Agreement shall be governed by the following conditions: DIVISION HEADQUARTERS Te| ephone:850-815-40002555ShumardOakBoulevardwww.FloridaDisaster.or Tallahassee,FL 32399-2100 interpretation and The obligations and conditions resting upon Agreement are not independent,but dependent. Time shall be of the essence of this Agreement,and of the performance of all conditions, obligations,duties,responsibilities,and promises under it. C.This Agreement states all the conditions,obligations,duties,responsibilities,and promises of the Participating Parties with respect to the subject of this Agreement,and there are no conditions,obligations,duties,responsibilities,or promises otherthan those expressed in this Agreement. the Participating Parties under this 2702 Directors Row Orlando,FL 32809-5631 XII:INTERPRETATION AND APPLICATIONARTICLE Managements A Participating Agenda Item #8.C. 23 Oct 2023 Page 67 of 158 STATE LOGISTICS RESPONSE CENTER FDE STATEOF FLORIDA KevinGuthrieRonDesantis, below‘ Governor ExecutiveDirecto r D.If any sentence,clause,phrase,or other portion of this Agreement is ruled unenforceable or invalid,every other sentence,clause,phrase,or other portion of the Agreement shall remain in full force and effect,it being the intent ofthe Division and the other Participating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable.The Division reserves the right,at its sole and absolute discretion,to change,modify,add,or remove portions of any sentence,clause,phrase, or other portion of this Agreement that conflicts with state law,regulation,or policy.If the change is minor,the Division will notify the Participating Party of the change and such changes will become effective immediately;therefore,please check these terms periodically for changes.If the change is substantive,the Participating Parties may be required to execute the Agreement with the adopted changes.Any continued or subsequent use of this Agreement following the posting of minor changes to this Agreement shall signify implied acceptance of such changes. E.The waiver of any obligation or condition in this Agreement by a Participating Party shall not be construed as a waiver of any other obligation or condition in this Agreement. NOTE:This iteration of the State of Florida Statewide Mutual Aid Agreement will replace all previous versions. The Division shall provide reimbursement to Assisting Parties in accordance with the terms and conditions set forth in this Article for missions performed at the direct request of the Division. Division reimbursement eligible expenses must be in direct response to the emergency as requested by the State of Florida.All required cost estimations and claims must be executed through the DEMES Mutual Aid Portal and assisting agencies must use all required for documentation and cost verification.Ifa Requesting Party has not fon/varded a request through the Division,or if an Assisting Party has rendered assistance without being requested to do so by the Division,the Division shall not be liable for the costs of any such assistance. FDEM reserves the right to deny individual reimbursement requests if deemed to not be in direct response to the incident for which asset was requested. IN WITNESS WHEREOF,the Parties have duly executed this Agreement on the date speci?ed S I 0 N H E A D Q U A R T E R 3 Telephone:850-815-4000 2555 Shumard Oak Boulevard www,F|grid§Disa§ter.org Tallahassee,FL 32399-2100 2702 Directors Row Orlando,32809-5631F forms Agenda Item #8.C. 23 Oct 2023 Page 68 of 158 Ron STATEOF FLORIDA FOE Kevin Guthrie,Executive Director or Ian Guidicelli,Authorized Designee STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT KevinGuthrie,ExecutiveDirectoDesantis,Governo ATTEST: CITY CLERK DIVISION HEADQUARTERS Te|eph0ne:850~815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.F|oridaDisaster.or 2702 Directors Row Tallahassee,FL 32399-2100 Orlando,FL 32809-5631 Approved as to Form: County Attorney CITY OF STATE OF FLORIDA Date: Title:Title FOR ADOPTION BY A CITY Date. Agenda Item #8.C. 23 Oct 2023 Page 69 of 158 STATE LOGISTICS RESPONSE CENTER STATEOF FLORIDA DIVISIONOF EMERGENCYMANAGEME KevinGuthrie,ExecutiveDirectoRonDesantis,Governo RESOLUTION NO. WHEREAS,the State of Florida Emergency Management Act,Chapter 252,authorizes the State and its political subdivisions to provide emergency aid and assistance in the event of disaster or emergency;and WHEREAS the statutes also authorize the State to coordinate the provision of any equipment,services,or facilities owned or organized by the State or it political subdivisions for use in the affected area upon the request of the duly constituted authority of the area;and WHEREAS this Resolution authorizes the request,provision,and receipt of interjurisdictional mutual assistance in accordance with the Emergency Management Act, Chapter 252,among political subdivisions within the State;and NOW,THEREFORE,be it resolved by that in order to maximize the prompt,full and effective use of resources of all participating governments in the event of an emergency or disaster we hereby adopt the Statewide Mutual Aid Agreement which is attached hereto and incorporated by reference. ADOPTED BY: on DIVISION HEADQUARTERS Te| epnone:850-815-40002555ShumardOakBoulevardwww.FloridaDisaster. orTallahassee,FL 32399-2100 BY: TITLE: DATE: I certify that the foregoing is an accurate copy of the Resolution adopted by 2702 Directors Row Orlando,FL 32809-5631 SAMPLE AUTHORIZING RESOLUTION FOR ADOPTION OF STATEWIDE MUTUAL AID AGREEMENT Agenda Item #8.C. 23 Oct 2023 Page 70 of 158 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.23-47 authorizing the renewal of Employee Health Insurance and Other City-provided and Voluntary Bene?ts SUBMITTED BY:Cathy Varian,Human Resources Director TODAY’S DATE:October 18,2023 MEETING DATE:October 23,2023 BACKGROUND:The City uses CIGNA for employee health insurance and is satis?ed with the products and customer service.For the plan year beginning January 1,2024,our insurance broker, Gallagher,negotiated with CIGNA to reduce increase in rates from more than 15%to 8.7%for the same coverage plus the inclusion of medical weight loss coverage.The City had included an increase of 10%in the approved budget. The City also pays for basic life insurance for all employees and a robust Employee Assistance Program. We will have a 3.8%increase in EAP coverage and an 8%reduction in premiums for City- funded life insurance. Gallagher negotiated the same rates for the following voluntary bene?t providers,which are paid 100% by the employee: 0 Dental:Sunlife DHMO and PPO 0 Vision:Humana 0 Supplemental Life:Standard Our short-terrn and long-term disability coverage,also paid 100%by the employee,are both increasing slightly,at 13.8%and 8.8%,respectively. The City offers four supplemental plans through AFLAC,which is discontinuing offering group plans. Gallagher went out to market for us and negotiated an offering from Standard (which provides our basic and voluntary life insurance)with increased bene?ts and mostly reduced premiums.These are popular plans among our employees. BUDGET:A slight savings from what was budgeted,assuming the same employee participation rates. RECOMMENDATION:Approve Resolution 23-47 ATTACHMENT:Resolution No.23-47 REVIEWED BY CITY MANAGER:L Agenda Item #8.B. 23 Oct 2023 Page 71 of 158 -.---|.'I"-1:-' -I:I-.-IIII-.'l r..Ir I.-II .--'-.I-U---.f-—"'-. gr.-Ir.L-uf—-—'|-I'I i1I I-II —'-—II'u IE1:-I-‘II.-u III—'In E—I—III!IIII E-IIIH-II II.-IIIII I .-I.-I.I=..Iru-I "I-'-'--I-.I-HI"-'-""""- I..-..||.IuI'..I-,pI.III-...-I i2IIIII-II—I-J .Ir_II-I-I I-I-I'II-.Il III II I-.I '\-"II'-'I"'I--'- -...‘...u.H-|.-..q.II .II.-I.--I Izlrl-I-I-I .5-.-II I Iufll-Hf!I -I-.-I.I-I.I -In—I I-'-hr.-J-I-. nil II r.-.I.u-I-.I.|'-'I '-I.-I --‘I-"'-"" ._.-I..-_-'...|.|.'.'iI'I .sII-._-.II.III.II-IIIIII I.-I .-.-.I-I-IIII-I II Ir—I'III'I .-I'.-I--I-'I-—--H-- 1-.II ‘Ir-.-II-I -I-----I-=-VI1 ‘W1 '-" _I...|-....._.;.-41..I..I _...-.-.I...._I.l..I.I. I-I...-..q".._I..I.II_I._-.I.I..-rI.I-I -IIu'I I In--I.‘""'u" I‘:I I-‘nu I.I-IIIII n..1 -I.III.I.I.I.IIII.I-.I.-.I I I .-II---.--I ---r .--_-II---'IE'f''I-I"--II -I.—-.r.I.I...I-'I'If'I-V"'I -I-I--——I----I--I--I -n-I -.--—I-1|-I-'I-—'“J '-4.-I _,,T'.""'.,.'."_._""""..'.I"'..:'."."3?.-',".".'....- I..-"""".._‘...-.""I.__..I-I.I.-.I.I.I I-I.IIr I I -I--—-II-I--I:---"-'-I- reI .._”._u-...I._-.....I_._-.|..,.....=I—-I_--II_I.I_I... J.'I.I.I -...,I-.‘..I—a.I-..I-.I.-I.I-I--I.I-I |-I-I- II._I.-I.Ih-I I.--I-I-I-II--I.-I-F Q5‘---I '-='-''''II —_.u-r.-hI-._.:.¢?.I-.I..-_I -..I.ll‘.n.I I.II.r_ I.I.|.....-...-I.-....II.I II-...--.-I I --r -"-I-Ili--F '|J'fI-.f"l'I'l'l'l1 ._-....__|_.._....._.;_g.___I.-..|.I.._..I._I._-....-I._.a...-_-.I|._-.n.I_-.-I'II..-I--II-.r~.I.I.I IuI—J--I Eu'IZI.I "-I—uuIi‘u£—J—I'-I?£I'I'I'I J‘—'II'f'I"-l'I _3‘:95.':III RESOLUTION NO.23-47 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, APPROVING EMPLOYEE HEALTH INSURANCE BENEFITS DELINEATED IN EXHIBIT A FOR THE PLAN YEAR BEGINNING JANUARY 1,2024,INCLUDING THE FOLLOWING:BENEFITS PROVIDED TO CITY EMPLOYEES AND THEIR FAMILIESTHROUGH CIGNA,LIFE INSURANCE AND EMPLOYEE ASSISTANCE PLAN BENEFITS PROVIDED BY THE CITY AT NO COST TO EMPLOYEES, AND OTHER INSURANCE COVERAGE OFFERED TO EMPLOYEES AT THEIR EXPENSE;AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Atlantic Beach seeks to provide the most cost-ef?cient and effective health bene?ts for employees and their families; WHEREAS,the City of Atlantic Beach pays for a substantial portion of the health insurance for employees;and WHEREAS,the City of Atlantic Beach desires to continue to utilize CIGNA as its health care provider as delineated in Exhibit A;and WHEREAS,the City also desires to provide life insurance and employee assistance plan bene?ts at no cost to employees as delineated in Exhibit A;and; WHEREAS,the City also desires to provide employees the option of participating in other insurance coverage,to include dental,vision,short-term and long-term disability,supplemental life,as well as several supplementalpolicies,all at their own expense,as delineated in Exhibit A; and NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby approves health care insurance bene?ts delineated in Exhibit A for the plan year beginning January 1,2024,including the following: Bene?ts provided to City employees and their families through CIGNA;life insurance and employee bene?ts provided by the city at no cost to employees;and other insurance coverage offered to employees at their expense. SECTION 2.The City Commission hereby authorizes the City Manager to execute contracts and purchase orders in accordance with and as necessary to effectuate the provisions of this Resolution. SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. Page 1 of 2ResolutionNo.23-47 Agenda Item #8.B. 23 Oct 2023 Page 72 of 158 PASSED AND ADOPTED by the City of Atlantic Beach,this 23rd day of October,2023. Jason Gabriel,City Attorney Page 2 of 2 Curtis Ford,Mayor Donna L.Bartle,City Clerk Approved as to form and correctness: Attest: Agenda Item #8.B. 23 Oct 2023 Page 73 of 158 Gallagher Insurance RiskManagement Consulting Ra s a d PLans for. Agenda Item #8.B. 23 Oct 2023 Page 74 of 158 compensation rscl GralllagherGallagher edical,Stop Loss,Dental,Vision &EAP Renewal Summary Medical Dental Vision EAP CIGNA Sun Life Humana Health Advocate 7%;8.7%if adding weight loss meds Flat Flat 3.8%Increase Consultant Fee ConsultantFee Consultant Fee Consultant Fee Effective:01/01/2024 Insurance RiskManagement Consulting CONSULTANT FEE FOR ALL LINES $48,000/YEAR AN.A~SIDHIU Excellent VeryGood FSCH Fscu: FSCIV Fscv E§C,\i‘ FSCVIIV pscvil 1061100' FSGIX Fscx FSCXI Fsxm FSXXI FSCW Fscxv 250,411] SWJIII 75C|,CW 1_0W.?I| 1250.01! 1.5oo.pou 2-90°-we Unde Regtlacry Supemsion h Uqndaim .Rurng to 500.000 to 7500(1) to 1.000.030 to 1.50.4200 ta 1.5J0.UJO F0?-90°-900 arrnure i6é5o,oo0 ¢':isO66zi'RehdiédFbiEyhddaé'supus'"Fkxscorumidnal?k“paras; Life/AD&D Vol Life/AD&D STD LTD Vol.Worksite Standard Standard Sun Life Sun Life AFLAC Flat Flat 13.8%Increase 8.8%Increase Plans Changing —Pending Consultant Fee Consultant Fee Consultant Fee Consultant Fee The information contained herein is subject to the disclosures and disclaimers on the ?nal page of this review.2 ©2022 ARTHUR J.GALLAGHER CO.AJG.COM s.pLblsha1 mrudiy by A M Be-.51Carnpara Inc prams curnprehenstmapmsmtvselmncalpositmhistory .UItNlil'63:!IDl'|S afmsuance corrparis cperdmg I1 the Umed 3:125 andCamtt Gcmpanleshuensedtodn businessn he Unied Slatesare assumed:1 Besl's RasmgMuchI?arpis to mensunhe cotmanlwepostlon utthe ccmpunyor ssocuhun lprst nmstry 933935 A.M Best's Rating Scale Fina E :3&L~% *While Gallagher does not guarantee the ?nancial viability of any health insurance carrier or market,it is an area we recommend that clients closely scrutinize when selecting a health insurance carrier.There are a number of rating agencies that can be referred to including,A.M.Best,Fitch,Moody's,Standard &Poor's,and Weiss Ratings (The Street.com).Generally,agencies that provide ratings of Health Insurers,including traditional insurance companies and other managed care organizations,re?ect their opinion based on a comprehensive quantitative and qualitative evaluation of a company's ?nancial strength,operating performance and market pro?le.However,these ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. ncillary CITY OF ATLANTIC BEACH -EFFECTIVE 01/01/2024 Agenda Item #8.B. 23 Oct 2023 Page 75 of 158 _200.0_..<mBnmanmw U:_:m=ou .cwEwam:m£xmE mucmSm:_ =m_n_ SE «Sn. _mEwn_ _mo_Uw_>_ <9. co_m_>mmm9oc_$w.m 2moo>u<£_mwI n_<m_ LTD mEoEEo_._o=o<_m>>¢:mm_l.w_._._wou2uw_mw wmm._m:o_m_own_m:=9_._m_>_BEN_m>>o:mm__uBum_mm .00 mm__._e<._._<o._.m:_._E<«Now © §w_>m._m_£ho omma_m_._c9.:co m.oE_m_om_u ucmmmSmo_om__um5 9.uom?zmm_:_m._w_.__umc_mEoo co=mE_oE_9:....S~:o:om>Fom"_"_w-_._u<mmU_._.2<4._.<".0 >._._0 .m:m_n_26:2ummcmconewu2mc_E__mm:_mnmamaE250 ”o<.E<Ea:uu>o_2 m.mEm0ummcmco Emcc?w >::Emuc__S_a_moI .m:m_aSo:2ummcmcoucmum.m:_E__wmswnmamaEwtso ”o<._n_<E9...cw>o_>_£mEmo ummcmzo Emuc?w mums..._mo_Eo .mcm_a30:2ummcmgoucwu2m:_E__mmswnmamaE950 ”o<._u_<E9...um>o_>_m_mEmo ummcmco Emuc?m Emu_oo< m?wcwm>.mE:_o>Emuc?w9:35.3_mwuwmmxomaE:8mmummmwbwo .m:o=mo_uwE32E995w_o:_o:_s>w:m_n_ mmmm._o:_..\..m.w mmm2u:_$m.m_. 0_«_|_:_wmmmbmoo\ow mmmm.o:_oxo?w eoo8_2 588.). m_._mE:I w__._:5 $3 Em Emuc?w Emvc?m mt].Em <zo_o n_.8<\o=.__o> Q.wD<\£3 NNONEES “co .§8_mm ~S~:o::a>_:.2m mo E?no \m_._o_m_own__m:o=__2u<<mm_oo Agenda Item #8.B.23 Oct 2023 Page 76 of 158 OAPIN Advantage Con:Plan waposal 1 SELECTED -Proposal 1currentRenewalCurrentPlanswIWeightLoss Meds CIGNA CIGNA High Ha"OAP Advantage A Plan OAP Advantage A Plan Medical Financial Comparison $777.11 $1,853.88 $1,432.53 $2,431.30 $831.48 $1,983.59 $1,532.76 $2,601.41 EE Tiers /Headcounts /Rates EEs Gallagher insurance Risk Management Consulting Advantage A OAPIN Advanta e A Plan $75,775 $90 295 9.701 $4.1 $83 .415 $8 ,9 7 $2,000 I $4,000 70%I 30% $6,000 I $12,000 $30 /$60 CYD +30% $10/$35/$60 $844.75 $2,015.24 $1,557.22 $2,642.92 $500 /$1,000 90%I 10% $4,000 I $8,000 $25 /$50 CYD +10% $10 I $35 /$70 $957.22 $2,282.94 $1,764.19 $2,993.83 $5,000 This is a summary of in-network benefits on!and is not intended to be a complete illustrated plan 's/plans’contractual provisions. Headcounts per 1/1/24 Renewal. The information contained herein is subject to the disclosures and disclaimers on the final page of this review.4 ©2022 ARTHUR J.GALLAGHER CO.AJG.cOM To I nthly Premium 108 $130,94 $1 0,108 $142,345 Total Yearly Premium ,571,322 $1,581,301 $1,708,138 nth Premium Yearly Premium 1,1! $734,113 $56,280 ,1 $675,360 $722,620 $2,000 I $4,000 80%I 20% $5,500 /$11,000 $30 /$60 CYD +20% $10 /$135/$70 $850.15 $2,028.04 $1,567.10 $2,659.69 Deductible (lndividuall Family) Coinsurance (Carrier/Member) Out of Pocket Maximum (lndividuall Family) "PCP I Specialist ,Inpatient Hospital Rx (Retail 30-day supply) Employee Only Employee +Spouse Employee +Chi|d(ren) Employee +Family 1 Deductible (Individual I Family) Coinsurance (Carrier!Member) Out of Pocket Maximum (Individual /Family) PCP I Specialist Inpatient Hospital Rx (Retail 30-day supply) Employee Only Employee +Spouse Employee +Child(ren) Employee +Family Deductible (Individual /Family) Coinsurance(Carrier/Member) Out of Pocket Maximum (Individual I Family) PCP /Specialist Inpatient Hospital Rx (Retail 30-day supply) Employee Only Employee +Spouse Employee +Chi|d(ren) Employee +Family 31 U'IO'>lD 35 —-moo $2,000 I $4,000 70%I 30% $6,000 I $12,000 $30 I $60 CYD +30% $10 I $35 I $60 $500 I $1,000 90%I 10% $4,000 I $8,000 $25 I $50 CYD +10% $10 I $35 I $70 $880.50 $2,099.96 $1,622.79 $2,753.87 $942.13 $2,246.98 $1,736.40 $2,946.67 $2,000 I $4,000 80%I 20% $5,500 I $11,000 $30 I $60 CYD +20% $10 I $35 I $70 $782.11 $1,865.73 $1,441.68 $2,446.33 $836.84 $1,996.29 $1,542.57 $2,618.06 All rates subject to chan e based on final enrollment,contribution underwritin . Current.,;:‘ L'FLANsTOTAL el'E'1C $5,000 on n y Premium Yearly Premium P|a?'§06b EEsRates Rates EEs 55,3 64,731 $4 962 $59,548 3 0 $63.7 14 Monthly Premium <.Yearly remium A Plan 5oo OAPIN Adva?ta‘eA Plan soo CITY OF ATLANTIC BEACH EFFECTIVE 01/01/2024 Agenda Item #8.B. 23 Oct 2023 Page 77 of 158 _>_oo.o2m:2.u ., .\_.E...\.L..w 53:,»35$ Snmmnmuuc:_:u:ou .:2:uum:u:x?m mu:m5mc_ 3 ._u>o_aEm ww>o_nEw >_£._os_>_£:o_2 >__.Em Em.?ax >_E1—wm.E >_£_._os_>_£:os_3.;._o>o_QEw3..._9§._Em «.5 23.3 ..\L,..wR3.»333 aa 83 E SQNS :._mE<wme..um>..<n<o <zo_o u:E.=_O «mEmm.m5m.:o.:=n.:_.EoUXx....§2QEm m?nomvt_._mmoo_o._n_-:om_._mn_Eo0:o=:n_.=:o0>_£:o_>_wm>o_o_Em_T_m>o_QEm_-_mo_um_>_ ..S~E..=om>Fom&m.:o<mm uFz<.F<u_O .C._U .00 mm_:o<._..<o ._..m::E<«Now © .;m_>2 m_£B mmma_mcc9:co m_mE_m_om_uucmm9:mo_um_u m5 9 6w.E:wm_599..ums?coo cozmccot:9? .u:.c.E_Emb::bum :o.E.5.5:oo .EmE=o.E_w Etc :0 ummmemmcmco2.Gm.3:mmmumgEx ._m>>m:wmvw?z.._w..._mE:ooumwI 9&8...5 NEsau.3 cozaebcoo >_.mw>.w>o_nEm _Bo._. $38.5...S._.o2 u2.8....E ~_.m.8«.5 oE.R$mania...».w...m_n_=5 =o_.BE=oo >tmw>.59...x.n.uwSE3»$_..m~»m?aia .x.n.Nw Su?:5 $_.....~»3.2.2»war .m:m_n_=<~._o==._E._oo 25:05 :30... ._o==.__=._oo>_.§>~8_R_.m 3.32» =o:.3B.8u >_5._os_ . .§..$o».3 :.<..$w . £3.88man83 «.2:_.E....3 3» Ru2: «~35£35..\.L.E.«$53 . ._o.a_3_a=oo >_.$>nmmdmmw omueww 8»WE»:o_.«:n_._w:OU 25:05 8.5.822.32235 ..\.....B 3.33 $25 8“8» ..aa 53.52_.._.$\...vNmav?mw ._o_§_S=oo >_.__8>_Nmm..v_\w wvmmm»:o_.«:n_.z_:OU 25:05. . »gm3.» Sq;N8 3 .$33SK8 _.\.m..:25”» E.3» 3».3End»._\.m.ESo...» ..\_.o.2 $3» $93 $9.8 _x.o.m~ ..\..o.R .\oo.E _x.o.mm °\_.o.mo $92 $98 .596» teams» ~o.3~.§ 5.Sn.5 E..05» mm?mtmw nwmmn,5 mnmmm.E 5.83 om.tE.w mo.omo_5 moons.5 3.5% $.Nm$ 5.3.; 8.3% 85» 3.23 8.8% mhmmmm 53$ $.$$ 38$ $..-$ 93$ 3&8 woammm N33» 8+8 3.33 8.8% 8.83 5.35 magma 23$ 33% Ext5 mo.mmm.$ 9.$.o._5 3.m~o.$ 38$ $.8m_$ 2+2._.$ 3.~mm.~» «Snow mm.N$_$ «~59; .vN.m—.o.Nw ..,Z:.$ ..\..o.m» .§.$ .59 .x.o.mm eoo? .x.o.R ..\..o.E eooam .§.8 .52 ..\..o.mm .x.o.E «$3.5 BN3._.$ R.m..x..§ $.83 Emma.5 mmavm.5 5.8%5 m~.$$ macaw.5 Race.5 ¢m.omw.5 NwdEa 3.38 3.2; Show» XE_.$ ...m.mm$ No.8; 8.9% 8.5» mtmuem 3».Km «comma 8.E» :65» om.$~m 3.2% 8.S» woetb $.23 mmmvme hN.m~..$ 38$ mwmma «N83 2.8; 8.94.3 mm.F3».5 2....mm,5 Smm? 5.93% Same...» mm.mmo_~» 8.83 8.51% $.~$..$ 3.8%; _._..nRw Q mm gcnconoQx-O0 >__Emu_+mm>o_aEm_ Em._:._Eo +mm>o_aEm_ wwsoqw+mm>o_aEm_ 2:0 mm>o_aEm >__Em.._+oo>o_n_Em E9;0 +ww>o_aEm mmzoaw+mw>o_aEm_ 2:0 wo>o_aEm_ >__Emu_+mm>o_aEw EE:u_Eo +m.m>o_aEm 330%+mm>o_aEm 2:0 wm>o_aEm_ 3...oo:Emt_n >_._mm> 3.wu:a._m.t_n_>:mo> 3..$=2..E_o >_._3>.58. .3 mu=o..¢t_n >:ww>.32. 3...co=m..2..=n_>_.wm> A2mo:o._wt_n_>_.=$> 3..3:Emt_n_>_._mw> 3.¢U:w._m.t._D >_._w¢>230...S... <um2.§6<zE<o 88 :m_n._<wm3:m>_...<z_._<o $3 wB.w3» $5 «an...» sh» 3&3:w_n_<ams=u>u<2_n_<O 5E <mms:~>_.<zE<o} 5:.<om2:§u<n_<O . <zu_u m:o_umo_ums_wmo._E925 53>_§>mcaw__._mmono._m 2&5» Agenda Item #8.B.23 Oct 2023 Page 78 of 158 u z ’ CIGNA Mv_ EMPINKixvanxageA Plan 2%VOAPINAdvantage A Pwa?ull?? In-Network Only In-Network Only Medical HMO Copay Plans -Core and Mid Plans Gallagher Insurance Risk Management Consulting CITY OF ATLANTIC BEACH -EFFECTIVE 01/01/2024 Prescriptions (Tiered Program)oncudeo Loss lnduaea Hospital /Surgical /Emergency Care $50 CYD +10% $60 CYD +20% The information contained herein is subject to the disclosures and disclaimers on the final page of this review.5 ©2022 ARTHUR J.GALLAGHER CO.AJG.COM 1 Telemedicine refers to telehealth calls or video calls with a telehealth provider (e.g.,Teladoc,MDNow,AmWel|,Doctor on Demand,Hea|thiestYou).This differs from Virtual Visits,which is s remote visit with a member's PCP or specialist and the cost for Virtual Visits can vary by physician.Virtual Visits to out of network providers are typically not covered. 2 Frequency limitations,age restrictions and preventive medical coding apply for it to be considered routine coverage. This is a summary of bene?ts only and is not inten e to e a complete outme o ‘the illustrated plan's/plans’ contractual provisions. Individual FamilyAggregate Coinsurance (Carrier/Member) Individual Family Aggregate Telemedicine 1 Primary Care Physician (PCP) Specialist Urgent Care Emergency Room &Facilities Outpatient Hospital (per visit) Inpatient Hospital (per admission) Retail (30-day supply) Specialty (30-day supply) Well Child Routine Adult Physical Exams Well Woman Exam (e.g.,annual GYN) Mammogram Colonoscopy Independent Clinical Lab (e.g.,Blood Work)— Including if physician sends it out to a lab Diagnostic Services (e.g.,X-rays,EKGs) Advanced Imaging Services (e.g.,MRI,CAT,PET) Outpatient Of?ce Visit Inpatient Admission $2,000 $4,000 80%/20% $5,500 $11,000 $10 $30 $60 $50 $300 CYD +20% CYD +20% $10 /$35 /$70 $10 /$35 /$70 $25/$88 /$175 PCP:$0 Specialist:$0 Covered 100% Covered 100% Covered 100% $250 Covered 100% $500 $1,000 90%/10% $4,000 $8,000 $10 $25 $50 $50 $150 CYD +10% CYD +10% $10/$35/$70 $10/$35/$70 $25/$88/$175 PCP:$0 Specialist:$0 Covered 100% Covered 100% Covered 100% $250 Covered 100% ental Health /Substance Abuse Services at Independent Diagnostic Facilities Mail Order (90-day supply) Preventive Health 2 Plan/Calendar Year Deductible (PYD/CYD) Out-of-Pocket Maximum (includes Deductible,Coinsurance,Rx and Copays) Curré?t I Selécted RenewalCurrentISelectedRenewal Office Services Agenda Item #8.B. 23 Oct 2023 Page 79 of 158 Current I Renewal Medical PPO -High Plan Gallagher Insurance Risk Management Consulting Prescriptions (Tiered Program)Weiczh os The information contained herein is subject to the disclosures and disclaimers on the final page of this review.7 ©2022 ARTHUR J.GALLAGHER CO.AJG.COM Individual Family Aggregate Coinsurance (Carrier /Member) Individual Family Aggregate Telemedicine 1 Primary Care Physician (PCP) Specialist Urgent Care Emergency Room &Facilities Outpatient Hospital (per visit) Inpatient Hospital (per admission) Retail (30-day supply) Specialty (30—daysupply) Mail Order (90-day supply) Well Child Routine Adult Physical Exams Well Woman Exam (e.g.,annual GYN) Mammogram Colonoscopy Independent Clinical Lab (e.g..Blood Work)- Including if physician sends it out to a lab Diagnostic Services (e.g.,X-rays,EKGs) Advanced Imaging Services (e.g.,MRI,CAT,PET) Outpatient Of?ce Visit Inpatient Admission $2,000 $4,000 70%/30% $6.000 $12,000 $10 $30 $60 $75 $350 CYD +30°/o CYD +30% $10 /$35 /$60 $10/$35 /$60 $25 /$88 /$150 Covered 100% Covered 100% $200 Covered 100% $60 CYD +30% $4,500 $9,000 50%I 50% $6,250 $12,500 N/A CYD +50% CYD +50% CYD +50% $350 CYD +50% CYD +50% 50% 50% 50% PCP or Spec Birth -Age 15:50% Age 16 and older:CYD +50% CYD +50% CYD +50% CYD +50% CYD +50% CYD +50% 1 Telemedicine refers to telehealth calls or video calls with a telehealth provider (e.g.,Teladoc,MDNow, AmWel|,Doctor on Demand,Hea|thiestYou).This differs from Virtual Visits,which is s remote visit with a member's PCP or specialist and the cost for Virtual Visits can vary by physician.Virtual Visits to out of network providers are typically not covered. 2 Frequency limitations,age restrictions and preventive medical coding apply for it to be considered routine coverage. This is a summary of benefits only and is not intended to be a complete outline of the illustrated plan '5/plans’contractual provisions. Mental Health /Substance Abuse Services at Independent Diagnostic Facilities Preventive Health 2 Plan/Calendar Year Deductible (PYD/CYD) Out-of-Pocket Maximum (includes Deductible,Coinsurance,Rx and Copays) HospitaI/Surgical /Emergency Care In-Network Out-of-Network Office Services CITY OF ATLANTIC BEACH -EFFECTIVE 01I01I2024 Agenda Item #8.B. 23 Oct 2023 Page 80 of 158 Sun Llfe Dental PFO rJenE|‘nHMo Initial Renewal CITY OF ATLANTIC BEACH -EFFECTIVE O1I01I2024 $0 0.0% Current Selected Renewal Dental Financial Comparative Monthly Premium Yearly Premium $1,665 $1,665 $19,982 $1 9,982 Employee Employee +One Employee +Two or More 20 11 Gallagher Insurance RiskManagement Consulting 37 15 $9.97 $16.86 $28.57 61 $0 0.0% $0 0.0% Yearly Difference ($) Yearly Difference (%) Total Monthly Premium 99 $2,544 $2,544 Total Yearly Premium $30,529 $30,529 Monthly Premium Yearly Premium $879 $879 $10,547 $1 0,547 Employee Employee +One Vol.Worksite $26.29 $50.63 $83.21 $9.97 $16.86 $28.57 $26.29 $50.63 $83.21 The information contained herein is subject to the disclosures and disclaimers on the final page of this review.3 ©2022 ARTHUR J.GALLAGHER CO.AJG_COM Headcounts 1/1/24 Renewal. All rates subject to change based on ?nal enrollment,contribution and underwriting. Total Yearly Difference ($) Total Yearly Difference (%) Yearly Difference ($) Yearly Difference (%) 38 Agenda Item #8.B. 23 Oct 2023 Page 81 of 158 Deductible Current I Selectg- In-Network Out-of-Network Gallagher Insurance RiskManagement Consulting Additional Contract Provisions Employees Current Renewal $0 0.00% $1,665 $1,665 $19,982 $19,982 $26.29 $26.29 $50.63 $50.63 $83.21 $83.21 Class I:Preventive Class II:Basic Class III:Major Class IV:Orthodontic Individual /Family Individual /Family Individual /Family Individual /Family Class I:Preventive Class II:Basic Class III:Major Class IV:Orthodontic Yearly Bene?t Maximum (Per Member) Plan Maximum Enhancement Orthodontic Lifetime Max (Per Member) Non-Surgical Endodontics (Basic /Major) Surgical Endodontics (Basic /Major) Non-Surgical Periodontics (Basic /Major) Surgical Periodontics (Basic /Major) Implant Parts Covered (Fixture/Abutment/Prosthesis) (Child /Adult)Orthodontic Coverage Contributory or Non—ContributoryPlan (EE/ER %) Rate Guarantee Minimum Participation for Coverage Timely Applicant Waiting Period Dependent Age Limit Out—of—Networkis%UCR or MAC Employee 20 Employee +One 11 Employee +Two or More 7 Waived Waived $50 /$100 $50 /$100 $50 /$100 $50 /$100 Not Covered Not Covered 100%100% 80%80% 50%50% Not Covered Not Covered $1 .500 $1,000 No Not Covered Major Major Basic Major No Not Covered 100%Employee Paid 1 year until 1/1/25 65% 6/12 Basic/Major 26 MAC This a summary of bene s only and is not intended to be a complete outline of the illustrated plan's/plans‘contractual provisions. The information contained herein is subject to the disclosures and disclaimers on the final page of this review.9 ©2022 ARTHUR J.GALLAGHERCO.AJG.COM Headcounts as of 5/1/23 invoice. All rates subject to change based on ?nal enrollment,contribution and underwriting. Monthly Premium Yearly Premium Yearly Difference ($) Yearly Difference (%) Rates Additional Bene?t Provisions Benefit Maximums Coinsurance CITY OF ATLANTIC BEACH -EFFECTIVE O1I01l2024 Agenda Item #8.B. 23 Oct 2023 Page 82 of 158 i I Current SelecteH‘Re’héWaIT 7 DHMO Dental Code Member Pays Gallagher Insurance Risk Management Consulting Employees Current Renewal Orthodontic Benefit Schedule Code Member Pays Yearly Difference ($) Yearly Difference (%) The information contained herein is subject to the disclosures and disclaimers on the final page of this review.10 ©2022 ARTHUR J.GALLAGHER CO.AJG.COM Monthly Premium $879 $879 Yearly Premium $10,547 $10,547 CITY OF ATLANTIC BEACH EFFECTIVE O1IO1I2024 Of?ce Visit Copay 9430 Bitewings -Four Films 0274 X-Ray/Panoramic Film 0330 Routine Cleaning 1110 Filling (Silver/1 Surface)2140 Filling (Silver/3 Surfaces)2160 Anterior Filling (Resin /1 Surface)2330 Anterior Filling (Resin /3 Surfaces)2332 Posterior Filling (Resin I 1 Surface)2391 Posterior Filling (Resin /3 Surfaces)2393 Crown -Porcelain Fused to Metal 2750 Root Canal -Molar 3330 Gingivectomy -Per Quadrant 4210 Prosthodontics -Complete Upper 5110 Partial Dentures (Upper or Lower)5211 Placement of Endosteal Implant 6010 Custom Abutment 6057 Abutment-Supported Porcelain Crown 6061 Partial Bony lmpaction 7230 Evaluation 8660 Comprehensive Adolescent Dentition 8080 Comprehensive Adult Dentition 8090 Se|f—Referra|Permitted Referral Needed for Copay Schedule Discount on Services,or Copay Schedule Contributory or Non-Contributory Plan (EE/ER %) Rate Guarantee Minimum Participation for Coverage Timely Applicant Waiting Period Dependent Age Limit Employee 37 Employee +One 15 Employee +Family 9 $1 0 $0 $0 $0 $1 0 ‘$35 $35 $55 $60 $80 265* $245 $1 20 $295* $350* Not Covered Not Covered Not Covered $65 $100 $2,000 $2,000 No Yes Copay 100%Employee Paid 1 year to 1/1/25 1 employee None 19,26 of FT Student $9.97 $9.97 $16.86 $16.86 $28.57 $28.57 Headcounts per 1/1/24 renewal. All rates subject to change based on ?nal enrollment,contribution and unden/vriting. $0 0.0% This is a summary of benefits only and is not intended to be a complete outline of the illustrated plan's/plans‘contractual provisions. Rates Additional Contract Provisions Specialist Common Services Agenda Item #8.B. 23 Oct 2023 Page 83 of 158 Current I ’STéITeTc'tedRenéwal Maximum Allowances Allowance Reimbursed up to $ $10 Up to $30 Up to $39 Not Covered $15 See below Out-of-NetworkIn-Network wmburseme Gallagher Insurance RiskManagement Consulting Employees Current Renewal Vision Exam Retinal Imaging Materials Vision Exam Lenses (Within Frames or Contacts) Frames Limited to Frame Lenses or Contact Lenses within the same year?(Yes /No) Single Vision Lenses Bifocal Lenses Trifocal Lenses Lenticular Lenses Frames Contact Lenses (Elective) Disposal Contact Lenses (Elective) Standard Contact Lens Fit &Follow Up Premium Contact Lens Fit &Follow Up Diabetic Eye Care (Up to 2/yr each) Examination -2 per year Retinal Imaging -2 per year Extended Ophthalmoscopy -2 per year -Gonioscopy —2 per year -Scanning Laser -2 per year Laser Correction Discount Contributory or Non-Contributory Plan (EE/ER %) Rate Guarantee Dependent Age Limit Employee 48 Employee +Spouse 16 Employee +Child(ren)10 Employee +Family 6 12 months 12 months 24 months Yes Covered 100% after applicable $60materialscopay $80 $130 Retail,then 20%Discount $65 Up to $130,then 15%Discount $104 Up to $130 Upto $104 Up to $55 Not Covered 10%off Retail Not Covered $0 Copay Up to $77 $0 Copay Up to $50 $0 Copay Up to $15 $0 Copay Up to $15 $0 Copay Up to $33 Discount N/A 100%Employee Paid 2 years until 1/1/25 26 $5.93 $5.93 $11.87 $11.87 $11.27 $11.27 $17.71 $17.71 only and is not intended to be a complete‘ pIan'sIplans'contractual rovisions. Yearly Difference (5) Yearly Difference (%) $0 0.0% The information contained herein is subject to the disclosures and disclaimers on the final page of this review.11 ©2022 ARTHUR J.GALLAGHER CO.AJG.COM Monthly Premium Yearly Premium $694 $694 $8,322 $8,322 Headcounts as of 5/01/23 invoice. All rates subject to change based on ?nal enrollment,contribution and unden/vriting. illustrated Rates Additional Contract Provisions Reimbursement Frequency Limitations Copayments CITY OF ATLANTIC BEACH -EFFECTIVE 01/01/2024 Agenda Item #8.B. 23 Oct 2023 Page 84 of 158 Standard Current W W Renéwél ]Selected Rev.Renewal Basic Life and AD&D (Accidental Death 8.Dismemberment) Gallagher Insurance RiskManagement Consulting Rates This is a summary of bene?ts only and is not intended to be a complete outline of the illustrated p|an'sIplans'contractual provisions. Rate Guarantee 2 years to 1/1/25 Minimum Participation for Coverage 100% Monthly Premium Yearly Premium $1,039 $12,468 $1 ,039 $12,468 Employee Basic Life Employee Basic AD&D Guarantee Issue Waiver of Premium (Yes/No) Conversion Privilege (Yes/No) Portable Privilege at Term Rates (Yes/No) Acceleration Bene?t (Yes/No) Volume Life Ins.Rate/$1,000 AD&D Rate/$1,000 65 70 75 80 $4,722,600 $0.190 $0.030 1 x BAE to $50,000 1 x BAE to $50,000 $50,000 Yes Yes Yes Yes 65% 50% 35% $4,722,600 $0.190 $0.030 $4,722,600 $0.175 $0.030 Curren Renewal Revised Renewal The information contained herein is subject to the disclosures and disclaimers on the final page of this review.12 ©2022 ARTHUR J.GALLAGHER CO.A.JG. $968 $11,618 Volume as of 1/1/24 Renewal;117 employees All rates subject to change based on ?nal enrollment,contribution and underwriting. Yearly Difference ($) Yearly Difference (%)-6.8% ($850 Attained AgeIEmployee:Benefit Reduced To: Reduction Schedule Benefit Specifications CITY OF ATLANTIC BEACH EFFECTIVE 01/01/2024 Agenda Item #8.B. 23 Oct 2023 Page 85 of 158 éxandam Open Enrollment Provisions Reduction Schedule Gal?agher Curfehf "V Selected Renewal Voluntary Life and AD&D Benefit Speci?cations R‘<kManagement Consulting Attained AgelEmp|oyee: EE SP Child EE SP ChildRates(Per $1,000/Month) Age: Rate Example Current Volume Rate Guarantee $1,139,500 $1,139,500 The information contained herein is subject to the disclosures and disclaimers on the ?nal page of this review.13 ©2022 ARTHUR J.GALLAGHER CO.AJG.COM Additional Contract Provisions This is a summary of benefits only and is not inren e o e a complete outline of the illustrated plan '5/p ans contractual provisions, EE SP Child EE SP Child Employee Voluntary Life IAD&D Spouse Voluntary Life I AD&D Child Voluntary Life I AD&D Dependent Age Limit AD&DApplies to (Employee I Spouse I Child) Guarantee Issue Waiver of Premium (Yes I No) Conversion Privilege (Yes I No) Portable Privilege (Yes I No) Acceleration Bene?t (Yes I No) Suicide Exclustion (YesINo) True Open Enrollment (up to GI without E0!) 65 70 75+ 0-24 25-29 30-34 35-39 40-44 45 49 50 54 55-59 60-64 65 69 70-74 75-79 80-84 85-89 90-94 95-99 AD&D $10k increments to $200,000 (not to exceed 5xBAE) rounded to next $10,000 $5k increments to $100,000 (not to exceed 50% $0.067 $0.067 $0.086 $0.133 $0.247 $0.418 $0.703 $1.083 $1.700 $3.050 $5.463 $5.463 $5.463 $5.463 $5.463 $5.463 $0.040 of employee amount) $10,000 To Age 21,25 if FT student Yes Employee $70,000;Spouse $10,000 $0.067 $0.067 $0.086 $0.133 $0.247 $0.418 $0.703 $1.083 $1.700 $3.050 $5.463 $5.463 $5.463 $5.463 $5.463 $5.463 $0.040 Yes Yes Yes Yes Yes No 65% 50% 35% $0.067 $0.067 $0.086 $0.133 $0.247 $0.418 $0.703 $1.00per $1.083 member $1700 $3.050 $5.463 $5.463 $5.463 $5.463 $5.463 $5.463 $0.040 $0.040 2 years until 1/1/25 $0.067 $0.067 $0.086 $0.133 $0.247 $0.418 $0.703 $1.083 $1.700 $3.050 $5.463 $5.463 $5.463 $5.463 $5.463 $5.463 $0.040 $1.00 per member $0.040 Volume as of 4/1/23 Invoice;18 EE $6,115.80/yr;5 Sp $622.20/yr;6 Ch 72/yr. All rates subject to change based on ?nal enrollment,contribution and underwriting. Benefit Reduced To: CITY OF ATLANTIC BEACH -EFFECTIVE 01/01/2024 Agenda Item #8.B. 23 Oct 2023 Page 86 of 158 -'»“'$1 Current Selected Renewal Voluntary Short Term Disability Ga?lagher Insurance RiskManagement Consulting RenewalRatesCurrent 1 year to 1/1/25 25% Elimination Period (Accident/Sickness) De?nition of Earnings %of Weekly Salary Covered Weekly Bene?t Amount Annual Salary covered by Weekly Bene?t Bene?t Duration Conversion Privilege (Yes/No) Portability Privilege (Yes/No) Evidence of lnsurability Required (Yes/No) Pre-Existing Condition Limitations (Yes/No) Waiver of Premium (Yes/No) Volume (covered weekly bene?t) Premium Rate (per $10 of covered weekly bene?ts) Rate Guarantee Minimum Participation for Coverage 14 days I 14 days Earnings reported by the Employer immediately prior to the ?rst date’of disability.Includes deductions made for pre-tax contributions to a quali?ed deferred compensation plan,Sec 125 plan or FSA acount.Does not include commissions,bonuses,overtime or any other compensation. 60% $1,500 $130,000 11 weeks after elimination period No No No 3/12 No $9,460 $9.460 $0.412 $0.469 The information contained herein is subject to the disclosures and disclaimers on the final page of this review.14 ©2022 ARTHUR J.GALLAGHER CO.AJG. $444 $5,324 $390 $4,677 Monthly Premium Yearly Premium This is a summary of bene?ts only and is not intended to be a complete outline of the illustrated p|an'sIpIans'contractual provisions. Volume per 1/1/24 Renewal.14 Employees All rates subject to change based on final enrollment,contribution and underwriting. $647 13.8% Yearly Difference ($) Yearly Difference (°/o) Benefit Specifications CITY OF ATLANTIC BEACH EFFECTIVE 01/01/2024 Agenda Item #8.B. 23 Oct 2023 Page 87 of 158 Current Selected Renewal Voluntary Long Term Disability Age /Rate %Covered Monthly Payroll or Bene?t Current EliminationPeriod De?nition of Earnings %of Monthly Salary Covered Monthly Bene?t Amount Annual Salary covered by Monthly Bene?t Benefit Duration Definition of Disability Own Occupation Period Self Reported Symptom Limitation (Yes/No) Waiver of Premium (Yes/No) Conversion Privilege (Yes/No) Portability Privilege (Yes/No) Evidence of lnsurability Required (Yes/No) Pre-Existing Condition Limitations (Yes/No) Mandatory Rehab Requirements (Yes/No) Mental/Nervous/Alcohol/Drug Limitations 0-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65 69 70 99 Gallagher Insurance 90 Days Earnings reported by the Employer immediately prior to the ?rst date ofdisability.Includes deductionsmade for pre-tax contributions to a quali?ed deferred compensation plan,Sec 125 plan or FSA acount.Does not include commissions,bonuses, overtime or any other compensation. 60% $6,000 $120,000 SSNRA Loss of duties and loss of earnings required;80%earnings test during own occ period and 60%during any occ period. 24 months Yes,24 months Yes No No No Yes,3/12 Yes 24 months Risk Management Consulting Additional Contract Provisions $110,780 $1,184 $14,208 $1,152 8.8% $110,780 $1.088 $13,056 The information contained herein is subject to the disclosures and disclaimers on the ?nal page of this review.15 ©2022 ARTHUR J.GALLAGHER CO.AJG.COM This is a summary of benefits only and is not intended to be a complete outline of the illustrated plan 's/plans’ contractual provisions. Covered Bene?t Monthly Premium Yearly Premium Yearly Difference (Increase) Percentage Difference Volume &Rate Based on:Covered Monthly Payroll _O_RCovered Monthly Bene?t Rate Guarantee 1 year to 1/1/25 Minimum Participation for Coverage 25% Covered Monthly Payroll Volume per 1/1/24 Renewal.20 Employees. All rates subject to change based on ?nal enrollment,contribution and underwriting. $0.202 $0.202 $0.301 $0.502 $0.767 $1.068 $1.382 $1.746 $1.458 $1.155 $1.005 $0.185 $0.185 $0.276 $0.461 $0.704 $0.980 $1.268 $1.602 $1.338 $1.060 $0.922 Rate Example RenewalCurrent Renewal Benefit Specifications CITY OF ATLANTIC BEACH -EFFECTIVE 01/01/2024 Agenda Item #8.B. 23 Oct 2023 Page 88 of 158 HEALTH ADVOCATE ALT.2 Currentl Selected Renewal Employee Assistance Pro ram City of Atlantic Beach Effective 1/1/24 #of Face to Face Sessions WorklifeSupport Telephonic Assistance Educational Resources Promotional Outreach Crisis Response Services Legal Services Financial Services Identity Theft Services Critical Incident Stress Management On-Site Grief Group Counseling On-Site Training Management &Supervisor Consultation SAP/DOT Utilization Reports Dependent Coverage Mobile App Web Address Other Providers Annual Total Cost Rate Guarantee 6 per issue per year Included Unlimited,24/7 Included Standard Communication Materials $275/hour plus travel/exp included,free 30 min.consultation per unique issue.25% discount on standard legal fees if retained Included,free 30 minute consultation per unique issue.Online ?nancial portal;Financial Fitness Center 1 hour consultation with a fraud resolution specialist included,unlimited telephonic support and speci?c communication materials. $275/hour plus travel/exp Training Seminars $250/hour plus travel Included,Unlimited telephonic managerl supervisory consultations and mandatory referrals Case rate $300 $550 only for employees subject to DOT regulations. Included Included Yes Health Advocacy (+$2 PEPM) 108 providers within 10 miles;1 in 32233 zip 123 123 $1.30 $1.35 $159.90 $166.05 $1,918.80 $1,992.60 1 year until 1/1/25 FT Member Count as of 10/5/23 Navigator. 199 including PT and Retirees. This is a summary of benefits proposed only.It is not intended to be a complete outline a the illustrated plans‘contractual provisions. Number of Members Price per Employee Per Month Total Monthly Cost www.hea|thadvocate.com/mem bers RenewalCurrentRATES Benefits Agenda Item #8.B. 23 Oct 2023 Page 89 of 158 s_oo.o_.< .um¢< U_DmEm ?cocmn mtmvzoxst 0w_._u_mmm m..:£:_.EsoS_.5commmmbmnBExw"ommxummm:___u::mm:o_$_EEou “.0E2 mu._o_:_:>>OCv_:Dm8£c_.EsoS__.5 :o_umE._o.E_._o_:mu uosuanau u.._=_i...nu.F_..!E0OO:S1x£E .,!-SE.E S E.mama .0z__mmo_>mm_mEmzmm mm_._o<.:<0 Rom © m:ou:m=uum__>_.w....._o_..._:.=:OU KE:_Ew._am>B.x.m.m 3.2:..EsoE_.5 m:=.::”.u..__u9_..m_>_\>mo_o..=_uu».wV_mw>>\2:0:+o~2.25S>_m>_U<xwmzi£22..+3 3:25 3 >_m>_?<z___.._»__u wU>O_n_.=w.mmumu:m._w:U cum:.<uuuoad muu:_...o.E .~ $> mu:E:m:_>u_:Emu:__E_n_moI 8:822..856\mmmc____m..u mu:m._._m:_u:wu_uu< E25 8.~5.:338=o____mcm;82>_x :$__8xm.< >u_cEmu:__£_amoI.8Ewuxm_mm> 8cm.._..mc_>..EEwu:_3:30: 8:822.Eucmu\$9...._BE._u 8:232.EmEuu< .__o____m 8.~am:2.338S5.386.>x to_.._wa:m.+< ..a__._E8 5.:.m mczmz_m_u:~:E \umum_>_<..n mu._o.E_ 28>N “.1 ._mw>H ”_u \uu<o?uudmru.F..U.r.G%.UJ Agenda Item #8.B.23 Oct 2023 Page 90 of 158 Gallagher w.smn<c I aiskuaugmum §cunning 11 In -StandardAccidentInsurance year until 1/1/ ©2023 GALLAGHER BENEFIT SERVICES,INC.Page 18 of 24 24.Value-Add RATE GUARANTEE 25.Em Io ee Onl 26.Em lo ee&S ouse 27.Em lo ee&Chi|dren 28.Famil .Issue Ages Participation Requirement Guaranteed Issue 24 Hour]Off Job Hos ital Admission Hos ital ICUAdmission Admission Bene?t Payments Hos ital Con?nement Per Da .Hos ital ICUCon?nement Per Da 10.Con?nement Bene?t Payments 11. 12. 13. 14. 15. 16. 17. 18. 19. Emergency Room Bene?t Non-Emer en .Room Care Ph .sician Follow-U X-Ra Ambulance Ground I Air Ph .sical Thera Sin le Fractures]Dislocations Lacerations Employee Accidental Death,Dismemberment &Catastro hic Bene?ts 20.Organized Sport Bene?t 21.Wellness 22.Miscellaneous 23.Portability Employee:Actively at Work;Ages 18+ Spouse:Ages 18+ Child:Under A e 26 Inforce Yes 24 Hour $750 Pa able Under Hos ital Admission Either Admission or ICUAdmission Benefit is Payable 1x Per Calendar Year $150 U to 365 Da s $300 U to 30 Da s Confinement and ICUConfinement Benefits Can Be Paid Simultaneously Per Covered Accident (Additional $75 Observation Benefit $75 Ph sician's Of?ce Ur ent Care $20 U to6Visits $75 $150 $750 $20 U to6Visits U to $5,000 U to $6,000 U to $300 Up to $40,000 None $25 Per Insured Per Calendar Year After 12 Month Waitin Period None Employee:Actively at Work;Ages 18-99 Spouse:Ages 18-99 Child:Birth to A e 26 10 Enrolled Employees Yes 24 Hour $1,000 $1,000 Admission and ICUAdmission Benefits Can Be Paid Simultaneously 1x Per Covered Accident $250 U to 365 Da s $250 U to 31 Da 5 Con?nement and ICUCon?nement Benefits Can Be Paid Simultaneously Per Covered Accident $400 5400Ph sician's Of?ce/Ur ent Care $250 U to 3Visits $200 $200 $600 $250 U to6Visits u to $5,500/U to $3,000 U to $400 Up to $100,000 25%Youth Organized Sports Bene?t $50 Per Insured Per Calendar Year Includes COVID-19Testin None Active Employees Can Port Coverage Active Employees Can Port Coverage Until Until Group Master Policy Terminates or Group Master Policy Terminates or is Replaced; is Replaced;Ported Policies Remain Active Until Policyholder Ported Policies Remain Active Until Terminates Coverage or No Longer Pays Policyholder Terminates Coverage or No Premiums;Ported Policies Terminate When Longer Pays Premium Group Policy is Terminated Auto-Pay Available For Health Screening Bene?t if Com leted at ER's Health Fair 1 None $7.18 $10.72 $12.54 $16.08 $5.47 $10.25 $12.06 $19.00 AJG.COM Agenda Item #8.B. 23 Oct 2023 Page 91 of 158 Gallagher knurIrI<t‘ I rm-Standard\ Group Specified Critical Illness Group Critical Illness -Premier Plan 2 Situs State:FL SELECTEDR WAL Critical Illness Insurance $8.56 $8.2016.e 35 17.e 45 $16.66 $17.00 13.e 55 $32.70 $35.20 *Diagnosis Look-BackPeriods,Treatment/Symptom Free Duration Requirements,Waived Pre-Ex De?nitions and Other Restrictions May Apply.The Policy and Certificate Provide Complete Definitions Regarding Eligibilityof Any Claim. ©2023 GALLAGHER BENEFIT SERVICES,INC.Page 19 Of 24 AJG. RATE GUARANTE 9. 10. 11. 12. 13. 14. 15. .Partici ation Re uirement .Guaranteed Issue Maximum .Children Coverage .Pre-Existin Condition Limitations* .Covered Critical Illnesses .Other Covered Critical Illnesses .Same Illness Diagnosis (Recurrence) Different Illness Diagnosis Maximum Bene?t Bene?t Reduction Wellness Miscellaneous Portability Value-Add Employee:Actively at Work;Ages 18+ Spouse:Ages 18+ Child:UnderA e 26 lnforce Employee:Up to $50,000 (SSKIncrements) Spouse:Up to $25,000 Child:50%of Em lo ee Covera e Amount Included 12 12 Cancer,Heart Attack,Stroke,Major Organ Trans lant End-Sta e Renal Failure Covered At 25% Coronary Artery Bypass Surgery,Carcinoma In Situ 100%Recurrence (90 Day Separation Period) 1 x Each Illness 30 Da Se aration Period 1x Each Illness,1x Recurrence Each Illness 50%At A e 70 $50 Per Insured Per Calendar Year (EE/SP Only) None Active Employees Can Port Coverage Until Group Master Policy Terminates or is Replaced;Must be Covered For at Least 12 Months and Under Age 70; Ported Policies Remain Active Until Policyholder Terminates Coverage or No Longer Pays Premiums None Employee:Actively at Work;Ages 18-99 Spouse:Ages 18-99 Child:Birth to A e 26 10 Enrolled Em lo ees Employee:Up to $20,000 ($10K Increments) Spouse /Child:50%of Employee Coverage Amount Included None Cancer,Heart Attack,Stroke,Major Organ Failure, End-Sta e RenalFailure Covered At 100% Benign Brain Tumor,Coma,Loss of Hearing /Sight/ Speech,Paralysis,Occupational Hepatitis &HIV, Advanced Alzheimer's Disease,Advanced MS, Advanced Parkinson's Disease,ALS,Bone Marrow Transplant 21 Additional Conditions For Children Covered At 25% Severe Coronary Artery Disease With Recommendation of Bypass,Carcinoma in Situ 100%Recurrence (6 Month Separation Period;6 Months Treatment- Free 1 x Each Illness No Se aration Period 1x Each Illness,1x Recurrence Each Illness None $50 Per Insured Per Calendar Year Includes COVID-19 Testin None Active Employees Can Port Coverage Even if Group Master Policy Terminates or is Replaced; Ported Policies Remain Active Until Policyholder Terminates Coverage or No Longer Pays Premiums Health Advocate,Auto-Pay Available For Health Screening Bene?t if Completed at ER's Health Fair 1 year until 1/1/25 Uni-Tobacco Attained Age 6 Total Age Bands Nan-Tobacco Issue Age 7 Total Age Bands 1.Issue Ages Agenda Item #8.B. 23 Oct 2023 Page 92 of 158 Gallagher lrwuncv R.1-|(Manl9Il'?9\k l'.onnJtiM Monthly Premium -Spouse /$5,000 AGE BANDEDRATES /SELECTED Age Monthly Premium -Employee /$10,000 Monthly Premium -Spouse /$10,000 18-29 30-39 40-49 50-59 60-69 70+ 18-29 30-39 40-49 5059 60-69 70+ 18-29 30-39 40-49 50-59 60-69 70+ 18-29 30-39 40-49 50-59 50-69 70+ $2.70 $4.10 $8.50 $17.60 $32.70 $83.20 $5.40 $3.20 $17.00 $35.20 $65.40 $166.40 $1.35 $2.05 $4.25 $8.80 $16.35 $41.60 $2.70 $4.10 $8.50 $17.50 $32.70 $83.20 ©2023 GALLAGHER BENEFIT SERVICES,INC.Page 20 Of 24 AJG.COM Monthly Premium -Employee /$20,000Age Agenda Item #8.B. 23 Oct 2023 Page 93 of 158 Gallagher lmuuruccfRvsknmnguvrlm QCnnsulhm In .-Standard \ Group Hospital Indemnity -Plan 2 Group Hospital Indemnity -Plan 2 Situs State:FL SELECTEDRENEWAL Hospital Indemnity Insurance ©2023 GALLAGHER BENEFIT SERVICES,INC.Page 21 of 24 .Issue Ages .Participation Requirement .Guaranteed Issue .Pre-Existing Condition Limitations* .Hospital Admission .Hos ital ICUAdmission .Admission Bene?t Payments .Hospital Con?nement Per Day .Hospital ICU Con?nement Per Day 10.Con?nement Bene?t Payments 11. 12. 13. 14. 15. 16. Pregnancy Newborn Bene?ts Mental Wellness &Addiction Recovery Wellness Miscellaneous Portability 17.Value-Add RATE GUARANTEE 18.Em lo ee Onl 19.Emolovee&S ouse 20.Emplovee&Children 21.Famil *Diagnosis Look-BackPeriods,Treatment/Symptom Free Duration Requirements,Waived Pre—ExDefinitions and Other Restrictions May Apply.The Policy and Certificate Provide Complete Definitions Regarding Eligibilityof Any Claim. Employee:Actively at Work;Ages 18-99 Spouse:Ages 18-99 Child:Birthto A e 26 Employee:Actively at Work;Ages 18+ Spouse:Ages 18-64 Child:Under A e 26 -lnforce 10 Enrolled Employees Yes Yes 6/12 None $500 $1,000 Pa able Under Hos ital Admission Pa able Under Hos ital Admission Either Admission or ICUAdmission Bene?t is Either Admission or ICUAdmissionBenefit is Pa able 1x Per Calendar Year Pa able 1x Per Calendar Year $200 (Up to 180 Days)$100 (Up to 31 Days) $200 (Up to 30 Days)Payable Under Hospital Confinement Either Con?nement or ICUConfinement Benefit is Payable Per Covered Accident/ Either Confinement or ICUCon?nement Bene?t is Payable Per Covered Accident/ Illness Illness Covered With 9 Month Waiting Period Covered Well Baby Care Benefit:$25 (Age 12 Months None or Younger,Up to 4 Visits Per Calendar Year) None None None None Surgical and Anesthesia Bene its;Out-o Hospital Prescription Drug Benefit;Hospital None Active Emp oyees Can Port overage Even Group Master Policy Terminates or is Replaced; Ported Policies Remain Active Until Policyholder Terminates Coverage or No Active Emp oyees Can Port Coverage Unti Group Master Policy Terminates or is Replaced; Ported Policies Remain Active Until Policyholder Terminates Coverage or No None None 2 years until 1/1/26 $18.99 $7.37 $38.94 $12.49 $31.15 $10.29 $51.10 $18.43 AJG.COM Agenda Item #8.B. 23 Oct 2023 Page 94 of 158 lselected Renewal Medcom Flexible Spending Account (FSA)Administration Gallagher 42.»1 Fa’u nagernent [Consulting Participants Current RenewalAdministrationFees: VVaNed $50.00 $4.50 $167 This is a summary of benefits only and is not intended to be a complete outline of the illustrated plan's contractual provisions. Monthly Premium (Not Including Set Up Fees)$167 $167 Yearly Premium (Including Set Up and Renewal Fees)$1,998 $1,998 Basic Plan Set-Up Enrollment Processing Fee Per Participant (l_Fthere is an enrollment fee per participant) Enrollment Processing Cost (Enrollment Fee x #Participating) Summary Plan Description (New) Discrimination Testing (1st Year) Paper Enrollment Kits Per Kit Initial Debit Card Fee (1 card) Replacement/Additional Debit Card Fee Annual Renewal Fee Minimum Monthly Admin Fee Monthly Administration Fee Per Participant Total Monthly Admin Fee (Monthly Fee x #participating) 37 $0 $0.00 Waived $50.00 $4.50 $167 The information contained herein is subject to the disclosures and disclaimers on the final page of this review.22 ©2022 ARTHUR J.GALLAGHER CO.AJG. All rates subject to change based on ?nal enrollment,contribution and underwriting. Employee Count from EN 10-5-23. Yearly Difference ($) Yearly Difference (%)0.0% Set Up Included First Year Only Included First Year Only Current Included Included N/AN/ Included Included Additional Services (and Fees) $0.00 $0 Waived CITY OF ATLANTIC BEACH -EFFECTIVE 01/01/2024 Agenda Item #8.B. 23 Oct 2023 Page 95 of 158 $0 $0.00 Current I Selected Renewal Administration #Occurrences on Takeover 0 Basic Plan Set Up $0 Take Over Fee (Cost Per Current Participant)$0.00 Gallagher Insurance RiskManagement Consulting Admin Per Eligible Employee Option Monthly Premium (Not Including Setup Fees) Yearly Premium (Including Set Up Fees) 123 $40 $0.60 $74 Eligible Employees 123 Minimum Monthly Admin Fee $40 Monthly Admin Fee Per Eligible Employee $0.60 Monthly Admin Fee $74(Monthly Fee x #panicipating) Annual Renewal Fee New Hire Initial Notice Per COBRA Noti?cation All rates subject to change based on ?nal enrollment,contribution and unden/vriting. The information contained herein is subject to the disclosures and disclaimers on the final page of this review.23 ©2022 ARTHUR J.GALLAGHER CO.AJG.COM $74 $886 $74 $886 Yearly Difference (3) Yearly Difference (%) This is a summary of benefits only and is not intended to be a complete outline of the illustrated plan'sIp|ans' contractual provisions. 0.0% Set Up Total Set Up Yearly Difference ($) Yearly Difference (%) Implementation Costs Additional Services (and Fees) Medcom 0.0% $3.00 $3.00 Waived Waived CITY OF ATLANTIC BEACH -EFFECTIVE 01/01/2024 Agenda Item #8.B. 23 Oct 2023 Page 96 of 158 _200.0_..<«Nm=:_:»=ou En.:__...mn§.E ix uu:u._=£.__ m.mE_m_om_n_USNmw._:mo_om_n_._m:mm__ .00mm:o<._._<w ._.~5.._E<NNON© .z.m_>m.m_£.0mama_m..=ma.aom.mE_m_om__umammm.:mo_om_uma.28m_n:mm_a_m.mavma_m.aouao__mE.&a_m_._._. .a.m>om__mam@_m_.m.ma. mu.:om_ma__.oma._Ema.5uou>.mEE:m_m.ama.m_&=mma.mam@_m_.m.mEmo.:om_m.._m_.oma.ammszma&m_xm>oamam.mm_umgma..am>mm5a_.3__nm__m..oBam.mwmam.m_aE8.>um.:8m mammmEm.m:m>amaEoomm.mEm>am.oadow.mamm__m0._..:aa<_.ua_.mmo_>.mmEmamm.m_._mm__mo.m£_ma..m>m.soaHmmmsomm_am__m.um.m_u_ma8m.m.23E2.m_m.mauma_m:.oom.mn_mm?mhuam mm>_mamm_£.0m._:mm.ma..o>.mEE:mm>_aommumuam.a_m_ao_.mE.o.a_m_a._..a.m>om__m_._mE_m_.m.mEmo.:om_ma_m_.om£..amE:oou>.ma.E:m_m.amEm_na:mma.mam@_m_.9mEmo.:om mtmso .mao=m.«m:___ _ma.0ma.ammzamn9m_xm>oamam.om_vmEa.Em>mma.5.>.___nm__m._.o.uam.mmmam.m_aEou.>om.:oom$_mmm.am.m:m>amaEooum.m__Em>am.oadow.mamm__m0._. .:£.<..ua__mmo_>.mw Emamm.mamm__m0.m£_ma..m>m3oawmosomm_nm__m.um.mu_maoom.m.ma.sE2.2m.mauma_m.aoom.mn_.m_m>_mam25.om._:mm.m5.6>.mEE:mm>_aommumuamE_m_ao_.mE.o.a_m_a.. .AmEmoam.m-_mno_m.m:-.:oam.m2Eoo.m_m.2<s2<>mqz5?amaoommma_m:m.omm.mm..m.w_mno_O.mamm__moma.9._m.m..o.om_>um .mamm__m0um.mo_umu.:o>.omEoommmma_.mamm__m0>9um>_mom.ao_.mwamaEou.om._ua_.o8m._uma_Emmm.maozwmzv>amm>ma:o>:.Em__o.m_:u_amaEm£_.saozumaaoua_Bam.m, .m£m.mu_>o.amu_>.mm.om.ouam>amaE9.aozmwam?aooammoaoam>_mom.>mE._mammm0..m£.:u_.mF=.__Ew._Qac?mtmoam>mamam_ammmak.ma.m.mo.n.m_..mooEomqmaoummmn.x.m.o ammzzmn.mmm.m>mao?mmam.mm...ao_.mmamaEoo_m.amEm_aa:m.>__mo_.2m__._.atso.mE:_Em.a__m.m>ouam.wm.m.aozam?m.am_a._um.ammm._Qm._mama.m>o_qEm.0.mnE:a__m.m>om£ma_u:_ua_ m.9om.B.mn_E:amao.amma_E8m._m“ma...mm>.muam_moaomm.omamma.«mum.m_:u_mu>__mE.oa.m.omam>mamm.m_..momoam.:ma_E9._.o_«mmamaEoo_m.amEm_aa:mm>_mom.>mE.m.._mm__m0, ao=mm..m.__Eoo _mEmEm_nE:m .mm.mmmzom...w_£5mmm_om%9.3_mma:8_mmm_Eummmm?ummau__._oammm:wm_ma_omamma_m.mmm.maozmmso.mmmEm.m=m 8am_EmEm.ma.3ao_.m.m.n_.m.a_.am..:oaoummmnm_ao_.mE.o.a_m_a..mmamao2$m.3:mucmxm_aEoomn>mEm.sm._.mo_>um_mmm_.m_u_>o.a9vmuamE_._m_.oammmmazmaoomgEa _mam:_ Esoam._..amE_.o._>ammEmamnmm>o_aa.m.am..=o.:o>.8_um«m_m.ma.mua8_m_Em.on_.o.ucm..omamama.m:_u.mmm.ao_.ma..o.a__m.mamm£_3:o>mu_>o.a2m_m_m>_mamma:.0EmE_ma.. .ma_am_mm.o..mg_mma:ou_mmm_.:o>=:maoo:o>uamEE8m.m>>.mu_>um_mmm_m>_m,,.sm_>om wm>_§ammm.am.mg.oammo.m£_mz.mE.m.moam.:ma_ama..m£m.mao_m_>o.a_mmm__m.mammm.mwao_m_>o.a8.mnE:am,.m>m.soa.m..amE:ooummma.ma_.sm_>m.a_macroEma£_mmm:wmw >o=on_camaumzcoo mmo.o:28 acao_.mm__no_m2om..aoooaemtouam.om..a8m8am_m_m>_mamm_a._..mmm:mam__m3um.8w6m.Eoomammm_u__onma.mmw.mmm_.._....am_?mzaoo_m3umma..omaoamaoumam.mao_.m._a.__mmm.m>ou .mao_m_.__uxm.mmmm.m>ou.mE.m.ma.__mmn:_oa_Eammou=.>amaEou.:o>>9umu_>o.nao=mE.o.a_ma.aoa:ummmn@.m_..mom_.=>9ummoaoammmm.m>ooma..0ma_==oamm_wmm>_mamm__._._. .EmEtmamomEmamm=mmu.:ommxamE3._.:o>8mEooEzoam:o>.mao_m_>o.nam_a.omm_._mm_o_.._umawma_u.mmm., maozmmsam>ma:o>.o?amasuouamama..sm_>m.2am_.s:o>=mmmmo__ma_a.m>om___>>mEmE:oouamama.5aaeEmmao_m_>o.am5.m.amE:oou:m_ama.£_.sEm.m_m..8a_m..amE:8u m_£a__um_._m.aooao_.mE.o..a_ma..o>am.m_.=Emmama.8..mo_>um_mmm__mu_>o.a2mmuamE_._m_.oa.mmumzzmaoomauoau__._oam=._._o>2m_n8__an_mma>mE_._o_Esmm=mm_58%may __mmmm?um>__.mmmmomaEammou=‘mamaEmamnm..m>o_nEm.:o>Scamao=mE.o.a__m.mamm5:5=o>mu_>o.a2m_.amE:ooum__.=.0.amE_ma....m__m«mummoa..8umm.ms«wasmm>_mma.m£., ?amrazoomamama._..A..mEmE=oouama.ma._>_m>zum__o3?ombaoomammm_u__oamoam.:ma_m_nmu__aum,EmE:uon_am_n__m_oEoma.a_uma_mE8maoz?coomam.mao_.mao_m:_oxm, _mmm.m>ou_mE.m.ma.__mmu:_ua_6...mmou=.EmaEou.:o>>9vmu_>o.aao=mE.o.a_aoummmnmamaEmamnm_.m>o_aEm.:o>.mu_.:umu_>o.ammm.m>ouma..0ma_=:oamm_EmE:ooum_a._., mao=mu_a:EEoo .u.mmm.m__.=a__m.muBate.oao_.mE.£a_osumam.2m:89:8.o>o__oa.:o>mmw?omzaoomammm_u__oamoam.:ma__m_.=omma.>2umu_>o.ammm.m>ooma..m._m.o ?amim.uamEmEammoum_m>_mamm__._._..u.m.mmmmm.ua_mam:m.mo£_mma5.3..am_qa_mmmamao.mE_m_mo_aao..mm.mo.ma.mamqao=m~___.:ma_u:_oa_Emoom.moagmmam.:S.Umtmamo“ma._m_oamaE ._m.sm:mm mm_nm_.m>>amEm.mm.ma._.9m.mma_>mmm.muummm_._mE?moumE_m_odmwamaxmm.3_.....0mm..am.m:mm.ommm.m>ou.2_mmoqo.qm6:m_ucm.>_commmoa.:n_m>=m..w:___.0.m_m_w>_mam?ak uwsmmnwmu Agenda Item #8.B.23 Oct 2023 Page 97 of 158 Page 98 of 158 ’«. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Ordinance No.31-23-16 (COMP23-0002)and Ordinance No.90-23- 251 (REZN23-0002).Request for a Future Land Use Map (FLUM) amendment to change the future land use map from Residential Medium Density (RM)to Commercial (CM)and a zoning map amendment to change the zoning map from Residential,General,Two-Family (RG)to Commercial General (CG)for 0 West 2"“Street (RE #170834 0000) SUBMITTED BY:Amanda Askew,Director of Planning and Community Development TODAY’S DATE:October 11,2023 MEETING DATE:October 23,2023 BACKGROUND:Request for a Future Land Use Map (FLUM)amendment to change the future land use map from Residential Medium Density (RM)to Commercial (CM)and a zoning map amendment to change the zoning map from Residential,General,Two-Family (RG)to Commercial General (CG)for 0 West 2nd Street (RE #170834 0000). The subject property,0 W 2“dStreet,is a Vacant lot and is adjacent to Oceanside Collision (61 W 2”“St),which is an auto- repair shop.Oceanside Collision also owns and operates out of 41 and 61 W 2"‘!St. Both 41 and 61 W 2"“Street are zoned Commercial,General (CG)and are designated on the FLUM as Commercial (CM). The applicant is requesting to rezone the property from Residential,General,Two-Family Commercial and amend the future land use map (FLUM)from Residential Medium density to Commercial. The vacant residentially zoned lot is being used by Oceanside Collision as part of their business to store vehicles that are being worked on.Non-residential uses are go_tpermitted within the RG zoning district.Earlier this year,the property owner installed a fence and pavement without a permit which Agenda Item #9.A. 23 Oct 2023 Page 99 of 158 (Oceans!-"2 Collision). I 41 W2”5! V (Oceanside Calllslon) brought the automotive use to the attention of staff.Staff advised the property owner that this property is zoned residential and not zoned for the storage of vehicles and automotive service. Section 24-112 of the Code of Ordinance the CG zoning district permits minor automotive.In section 24-17,minor automotive service is de?ned as “....any facility that performs the limited,minor or routine servicing of motor vehicles or parts,but shall not include major automotive repair,and which contains no more than two (2)work bays.”The current buildings (41 and 61 W 2”“Street)meet the de?nition of “Automotive repair, major shall mean any facility that performs any type of automotive service or repair with more than two (2)work bays,or any facility that performs the rebuilding or reconditioning of motor vehicles or parts thereof,including collision service,painting and steam cleaning of vehicles,regardless of the number of work bays.”This type of use is only permitted in light industrial and warehousing district (LIW). Residential Zoning Commercial Zoning Residential Zoning Commercial Zoning Change Zoning and FLUM from Residential to Commercial Property Location (0 w 2"‘St) 61 W 2”"S1 focoansl Collision) 41 W 2 Sn (omanslde collision) Agenda Item #9.A. 23 Oct 2023 Page 100 of 158 HISTORY: Oceanside Collision acquired 0,41 and 61 W 2”‘Street in July 2021. 0 W 2”’Street has never been developed and remained “unused”until about 1993 when aerial photography shows the site being used to store vehicles. 61 W 2”“Street was developed in 1986 as a warehouse building.In 1987,City Commission approved a use-by-exception to allow an automotive service garage at this location with the condition that there be no outside stora e or work.The property has changed ownership a few times since then but has continuously been operated as an automotive service garage. Non-conforming uses (24-84 (c)are “...Uses of land which were lawfully created at the time such uses were established,but which would not be permitted by the restrictions imposed by these land development regulations or by restrictions imposed by the comprehensive plan,may be continued so long as thev remain otherwise lawful and in compliance with the orovisions of this section. (2)Relocation or expansion ofnonconforming uses.A nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel on which such nonconforming use is located,nor shall a nonconforming use be expanded or enlarged.” Agenda Item #9.A. 23 Oct 2023 Page 101 of 158 .Property is being Property is being Pro e rprty:5 vacon used to store vehicles used to store vehicle OW 2'‘Street O W 2"Street 1.“-33A-rm? D W '2'S3!-at ANALYSIS &REVIEW In considering a FLUM amendment application,Policy A.1.3.1 of the Comprehensive Plan states that the City shall ?nd that each of the following conditions are demonstrated by the applicant seeking said amendment. a)There are adequate public facilities available to the proposed development. b)The proposed commercial or industrial development shall not have adverse impacts to surrounding neighborhoods,other properties,the natural environment,the aesthetic qualities of the City and shall not impair or degrade scenic natural views. c)There is a demonstrated deficiency of commercial or industrial lands within the City to serve the needs of residents of the City for such uses. Additionally,Policy A.l.l3.4 states that applications to amend the Comprehensive Plan shall be reviewed and evaluated based upon the following factors: (a)Consistency with the Goals,Objectives and Policies of this Plan; (b)Consistency with the State Comprehensive Plan and the Northeast Florida Strategic Regional Policy Plan; (c)Consistency with other adopted policies and plans of the City,the County,the State or other agencies having regulatory authority over the City; (d)The potential for adverse impacts to Environmentally Sensitive Areas,the natural enviromnent or the aesthetic quality of the City, (e)The potential to cause de?ciencies in adopted levels of service or to adversely impact available water supplies,public facilities,infrastructure and services. 61 W 2"SI {Gnomide (omslon)61 W2"‘$lIWI”$l Agenda Item #9.A. 23 Oct 2023 Page 102 of 158 Per Section 24-62(c)(2)of the Land Development Regulations,the Community Development Board shall “indicate the relationshi 0 the ro osed rezonin to the Com rehensive Plan or the Ci and rovide a mdin that the re uested chan e in zonin is consistent with the Com rehensive Plan ”.Relevant and applicable language from the City’s Comprehensive Plan is listed below. Policy A.1.5.6 Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas,traf?c facilities and the aesthetic character of the City. Policy A.1.10.4 The City shall actively support the appropriate redevelopment and in?ll development of the Mayport Road corridor.Retail and service uses that sustain neighborhoods, and encourage a more aesthetically pleasing and pedestrian ?iendly environment shall be encouraged.New development along Mayport Road shall be in compliance with the Commercial Corridor Development Standards as set forth within the Land Development Regulations. Policy A.1.10.5 Along the Mayport Road corridor,the continuation and proliferation of light industrial uses,automotive sales and repair businesses and other more intensive commercial business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving retail products and services that generate daily activity and interaction between residents of the surrounding neighborhoods such as banks,drugstores,restaurants, churches,child care centers,grocery stores and similar businesses and uses. Policy A.1.1l.1 (b)Commercial —The Commercial land use category is intended to provide appropriate locations for neighborhood and community businesses providing services and retail sales for the City and the closely surrounding communities.Government,civic,religious,cultural and institutional uses,may also be located within this category.Permitted uses within the Commercial category,along with uses that may be allowed by special exception,shall be limited to the following and as more speci?cally described within the Land Development Regulations and when located within the respective Zoning District classi?cations,which are intended to provide a decreasing level of use intensity due to proximity to residential uses. General Commercial.These areas shall include those businesses that provide retail goods and services,which serve the routine and daily needs of residents,including banks and professional services,grocery and convenience stores,restaurants,accredited public and private schools and child care,but not including manufacturing,warehousing,storage or high intensity commercial activities of a regional nature,or uses that have the potential for negative impact to surrounding properties due to excessive noise,light or extremely late hours of operation.Residential uses,not exceeding the Medium Density category shall also be permitted,when in conjunction with,or adjacent to commercial development and redevelopment,provided that such residential development shall not be permitted within the Coastal High Hazard Area. ANALYSIS &REVIEW In considering a rezoning evaluations of the request may be based on following: (1)Consistency with the Comprehensive Plan (2)Consistency with the intent of the land development regulations; Agenda Item #9.A. 23 Oct 2023 Page 103 of 158 (3)Consistency with other professional planning principles,standards,information and more detailed plans and studies considered relevant (4)Whether the proposed amendment and development permitted thereunder is premature or otherwise creates or contributes to an urban sprawl pattern of development (5)Whether the proposed amendment will constitute “spot zoning,”that is an isolated zoning district unrelated to adjacent and nearby district (6)Whether the uses permitted under the proposed rezoning will be consistent or compatible with the existing and proposed land uses and zoning of adjacent and nearby properties or the general area;or will deviate from an established or developing logical and orderly development pattern; (7)Whether the uses permitted under the proposed rezoning will deviate from an established or developing development pattern that is logical and orderly; (8)Whether the proposed rezoning and development permitted thereunder will result in significant adverse impacts upon property values of adjacent or nearby properties or in the general area more than the types of uses currently permitted;and ' (9)Whether the proposed rezoning and development permitted thereunder will detract from the character and quality of life in the general area or neighborhood by creating excessive traf?c,noise,lights,vibration,fumes,odors,dust,physical activities or other detrimental effects or nuisances. The Community Development Board (CDB)heard this agenda item at the September regular meeting and voted 4 to 3 £9 recommend approval of the rezoning and comprehensive plan.However,some CDB members expressed concerns that the proposed changes to the future land use map and rezoning do not meet the vision of Mayport Road and the goals and policies in the Comprehensive Plan. BUDGET:None RECOMMENDATION:Commission review and vote on Ordinance No.31-23-16 (COMP23— 0002)and Ordinance No.90-23-251 (REZN23-0002) ATTACHMENT(S):Ordinance No.31-23-16 Ordinance No.90-23-251 Draft CDB minutes Application from applicant REVIEWED BY CITY MANAGER: Agenda Item #9.A. 23 Oct 2023 Page 104 of 158 ORDINANCE NO.31-23-16 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,STATE OF FLORIDA,AMENDING THE FUTURE LAND USE MAP OF THE 2030 COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL MEDIUM DENSITY (RM)TO COMMERCIAL (CM);PROVIDING FOR CONFLICT;PROVIDING FOR SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Commission of the City of Atlantic Beach,Florida hereby finds that the change in Future Land Use Map designation enacted by this Ordinance shall provide for orderly growth;encourage the appropriate use of land;protect and conserve the value of property;prevent the overcrowding of land;promote,protect and improve the health,safety,comfort,good order, appearance,convenience,and general welfare of the public;and implement the goals and objectives of the Comprehensive Plan;and WHEREAS,the lands subject to this change in Future Land Use Map designation were developedin the 1940s through the l 970s and included commercialuses prior to the City's adoptionof the ?rst Comprehensive Plan and associated Future Land Use Map;and WHEREAS,the Community Development Board held a duly noticed public hearing on September 19,2023,to consider this Ordinance,and found the request to be consistent with the City's Comprehensive Plan and voted to recommend that the City Commission approve this Ordinance;and WHEREAS,the City Commission considered this Ordinance after proper public notice and comments from staff and the public. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1.Findings of Fact.The above recitals are hereby incorporated as Findings of Fact in support of this Ordinance,and the City Commission ?nds as follows: a.This change in future land use map designation has been fully considered after public hearings with legal notice duly published as required by law and has met the procedural requirements as set forth in Sections 24-51,24-62 and the Land Development Regulations. b.The proposed Future Land Use Map amendment to Commercial (CM)is consistent the goals,policies and objectives of the City's adopted Comprehensive Plan. c.All development within lands subject to this change in future land use map designation to Commercial (CM)and any future development shall be consistent with the zoning, subdivision,Land Development Regulations and other applicable provisions of the Atlantic Beach Code of Ordinances prior to issuance of local permits authorizing construction or site alteration. d.The future land use map designation of Commercial (CM)is consistent and compatible Agenda Item #9.A. 23 Oct 2023 Page 105 of 158 Q a sad. with the surrounding development and future land use map designation in that the adjoining properties to the east are already designated Commercial (CM)and allow commercial uses. SECTION 2.Affected Pro erties.Pursuant to this change in Future Land Use Map designation procedure,the Future Land Use Map designation of those certain lands within the City of Atlantic Beach,as more particularly described in Exhibit A,attached hereto and made a part hereof,are hereby reclassi?ed ?'om Residential Medium (RM)to Commercial (CM). SECTION 3.Future Land Use Ma R vi The Director of Planning and Community Development is hereby directed to revise the of?cial Future Land Use Map of the City of Atlantic Beach to re?ect the change in Future Land Use designation for those properties described in Exhibit A from Residential Medium (RM)to Commercial (CM)and to submit documentation to the Florida Department of Economic Opportunity as required by Section 163.3187,Florida Statutes. SECTION 4.Con?ict.All ordinances,resolutions,of?cial detenninations or parts thereof previously adopted or entered by the City or any of its of?cials and in con?ict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 5.Severabilit .If a Court of competent jurisdiction at any time ?nds any provision of this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 6.Effective Date.This ordinance shall take effect upon ?nal reading and approval. PASSED by the City Commission on ?rst reading this 23”‘day of October,2023 PASSED by the City Commission on second and ?nal reading this day of ,2023. CITY OF ATLANTIC BEACH as to form and correctness: Jason Gabriel,City Attorney Curtis Ford,Mayor Donna L.Bartle,City Clerk Approved Attest Agenda Item #9.A. 23 Oct 2023 Page 106 of 158 Exhibit A The lands subject to this Ordinance No.31-23-16 changing their Future Land Use designation form Residential Medium (RM)to Commercial (CM)shall be those described below.All Book and Page information can be found in the current public records of Duval County,Florida. Address RE Number 0 West 2“Street 170834-0000 Agenda Item #9.A. 23 Oct 2023 Page 107 of 158 ORDINANCE NO.90-23-251 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL,STATE OF FLORIDA, REZONING THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL, GENERAL,TWO-FAMILY (RG),TO COMMERCIAL GENERAL (CG);PROVIDING FINDINGS OF FACT; REQUIRING RECORDATION;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Commission of the City of Atlantic Beach,Florida hereby ?nds that the change in zoning classi?cation enacted by this Ordinance shall provide for orderly growth; encourage the appropriate use of land;protect and conserve the value of property;prevent the overcrowding of land;promote,protect and improve the health,safety,comfort,good order, appearance,convenience,and general welfare of the public;and implement the goals and objectives of the Comprehensive Plan;and WHEREAS,the lands subject to this change in zoning classi?cation were largely developed in 1975 prior to signi?cant changes to the Land Development Regulations and the Of?cial Zoning Map;and WHEREAS,the Community Development Board held a duly noticed public hearing on September 19,2023,to consider this Ordinance,and found it to be consistent with the City’s Comprehensive Plan and voted to recommend that the City Commission approve this Ordinance; and WHEREAS,the City Commission considered this Ordinance after proper public notice and comments from staff and the public. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1.Findin s of Fact.The above recitals are hereby incorporated as Findings of Fact in support of this Ordinance,and the City Commission ?nds as follows: a This change in zoning district classi?cation has been fully considered after publichearings with legal notice duly published as required by law and has met the procedural requirements as set forth in Sections 24-51,24-62 and the Land Development Regulations. b.The proposed rezoning to Commercial,General (CG)is consistent withthe Future Land Use Map Commercial (CM)designation and the goals,policies and objectives of the City’s adopted Comprehensive Plan. c.All development within lands subject to this rezoning to Commercial,General (CG)and any future development shall be consistent with the zoning,subdivision,Land Development Regulations and other applicable provisions of the Atlantic Beach Code of Ordinances prior to issuance of local permits authorizing constructionor site alteration. Agenda Item #9.A. 23 Oct 2023 Page 108 of 158 d The zoning district classi?cation of Commercial,General (CG)is consistent and compatible with the surrounding development and zoning districts in that the adjoining properties to the east are Commercial,General (CG). SECTION 2.Affected Pro erties.Pursuant to this change in zoning district designation procedure, the zoning district classi?cation of those certain lands within the City of Atlantic Beach,as more particularly described in Exhibit A,attached hereto and made a part hereof,are hereby reclassi?ed as Commercial,General (CG)from Residential,General,Two-Family (RG).This reclassi?cation does not grant authority for any speci?c uses on said lands.Any proposed use on said lands shall be reviewed and approved in accordance with the provisions of Chapter 24,Land Development Regulations. SECTION 3.Zonin Ma Revised.The Director of Planning and Community Development is hereby directed to revise the of?cial Zoning Map of the City of Atlantic Beach to re?ect the change in zoning classi?cation for those properties described in Exhibit A from Residential,General,Two- Family (RG),to Commercial,General (CG). SECTION 4.Con?ict.All ordinances,resolutions,of?cial determinations or parts thereof previously adopted or entered by the City or anyof its of?cials and in con?ict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 5.Severabilit .If a Court of competent jurisdiction at any time ?nds any provision of this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 6.Effective Date.This ordinance shall take effect upon ?nal reading and approval. PASSED by the City Commission on ?rst reading this 23”’day of October,2023. PASSED by the City Commission on second and ?nal reading this day of ,2023. CITY OF ATLANTIC BEACH Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: Curtis Ford,Mayor Jason Garbiel,City Attorney Agenda Item #9.A. 23 Oct 2023 Page 109 of 158 Exhibit A The lands subject to this Ordinance No.90-23-251 changing their zoning district designation from Residential,General,Two-Fami1y(RG)to Commercial,General (CG)shall be those described on the attached survey. Address RE Number 0 West 2“Street 170834-0000 Agenda Item #9.A. 23 Oct 2023 Page 110 of 158 MINUTES Community Development Board (CDB)Meeting Tuesday,September 19,2023 -6:00 PM Commission Chamber Present:Jennifer Lagner,Member Angela Farford,Member Kirk Hansen,Chair Harold Gear,Member Ellen Golombek,Member Jeff Haynie,Member Richard Arthur,Alternate Member Absent:Sylvia Simmons,Member Also Present:Amanda Askew,Planning &Community Development Director (PCDD) Valerie Jones,Recording’Clerk Abrielle Genest,Planner Brian Broedell,Principal Planner 1.CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m.by Chair Hansen. 2.APPROVAL OF MINUTES A.Approve minutes of the August 14,2023 regular meeting of the Community Development Board. The minutes were approved. 3.OLD BUSINESS There was no old business. Request is for a Future Land Use Map (FLUM)amendment to change the future land use map designation of 0 West 2nd Street (RE#170834-0000)FROM Residential Medium Density (RM)TO Commercial (CM).Also,a request for a rezoning of 0 West 2nd Street (RE#170834-0000)FROM Residential,General,Two-Family (RG)TO Commercial,General (CG). STAFF REPORT:Director Askew presented the information as explained in the staff report.She also provided a PowerPoint presentation.Ms.Lagner asked what is located behind this property.Director Askew said it is existing mini-storage.Mr.Haynie asked Community Development Board (CDB) September 19,2023 Page 1 of 7 0 West 2nd Street REZN23-0002 (Ordinance No.90-23-251)and COMP23-0002 (Ordinance No.31-23-16)-Deferred from August 15"‘ Agenda Item #9.A. 23 Oct 2023 Page 111 of 158 about the zoning on the mini-storage.Director Askew said it was zoned Residential and is a non-conforming use.Mr.Arthur asked what the date was for policies that were referenced in the staff report.Director Askew said the 2030 Comp Plan was updated in 2019 so some of the policies were existing and some were added. APPLICANT REPORT:Harold Rooks introduced himself as the applicant.He explained that a previous Planning Director and Code Enforcement Of?cer told him years ago that the cars couldn't be visible and that he had to put up a fence which he did and is now being told he has to remove the new fence that he just installed.Mr.Rooks said he has been at that location for 9 years and bought the property in 2021.He explained that the previous business left vehicles everywhere and he puts them behind the fence to keep things cleaned up.Mr.Haynie asked who his clientele consisted of. Mr.Rooks said he works on the vehicles for several cities including Atlantic Beach, police departments and a lot of local residents.Mr.Arthur asked about the asphalt and whether it was new.Mr.Rooks explained that the asphalt was existing but had some pot holes that he ?lled in.He said he thought the property was commercial since there was an automotive shop there for over 25 years.Mr.Rooks found out it was residential when he purchased the property. PUBLIC COMMENT:Chair Hansen opened the floor to public comment.There were no public comments. BOARD DISCUSSION:Chair Hansen told the Board that this case would go to the City Commission no matter which way they vote.Mr.Gear was in favor of approval due to the history of how long it has been operating as commercial as an automotive business.Ms.Lagner and Ms.Golombek agreed.Mr.Arthur he had dif?culty witch rezoning it since it conflicts with the Comp Plan in its attempt to change the Mayport Corridor.Chair Hansen said he agreed that this rezoning would be totally inconsistent with the Comp Plan but at the same time it has been a successful business for over 25 years.He said he wants to support the Comp Plan and was concerned about deviating from the Mayport Vision Plan.Mr.Gear said that maybe the existing zoning is wrong since the business behind Mr.Rooks is commercial and is also in a Residential zone. Ms.Golombek said that maybe the Comp Plan has a desired direction but on the other hand this business derives about 80%of its support from local businesses and residents. Mr.Arthur said he would be okay with it existing as a non-conforming use but to support a zoning change was hard for him to agree on.Ms.Farford said she was sympathetic to a business that has operated for so long but also didn't ?nd it compatible with surrounding uses and she would have to deny it.Mr.Haynie spoke about the elements that the Board is supposed to consider for a FLUM amendment.He said that he felt like the Comp Plan goals were for what would be seen on Mayport Road but since this property isn't on Mayport Road it wouldn't affect that goal.Mr.Haynie said there is reason to support this request. Motion:Je?’Haynie Second:Ellen Golombek Community Development Board (CDB) September 19,2023 Page 2 of 7 MOTION:APPROVAL of COMP23-0002 and REZN23-0002 on the grounds that it could be consistent \\ith the Comp Plan. To recommend Agenda Item #9.A. 23 Oct 2023 Page 112 of 158 JenniferLagner Angela F atford Kirk Hansen Harold Gear Ellen Golombek (Seconded By) JeffHaynie (Moved By) Richard Arthur For Against Against For For For Against B.0 West 2nd Street ZVAR23-0023 (Harold J.Rooks)-Deferred from August 15th meeting Request for a variance to exceed the maximum fence height at 0 West 2nd Street. STAFF REPORT:Director Askew presented the information as explained in the staff report.She also provided a PowerPoint presentation.Mr.Arthur asked how far the fence was off of the nronertv line.Director Askew said it is 2 feet off of the nronertv line.She said that a front yard fence is limited to 4 feet.Mr.Haynie said he felt like some of this would be contingent on the FLUM and the rezoning request.Director Askew said the Board could make a motion to approve upon successful rezoning and the FLUM amendment.Ms.Golombek asked if the sight lines were blocked.Director Askew said it doesn't block any sight lines.Mr.Arthur asked if the applicant could remove several of the panels to the fence going back to where he could then have a 6 foot fence.Director Askew said that could be done. APPLICANT REPORT:Harold Rooks introduced himself as the applicant.He said a fence has been there for over 25 years. PUBLIC COMMENT:Chair Hansen opened the floor to public comment.There were no public comments. BOARD DISCUSSION:Chair Hansen said he would like to see the variance approved contingent on the F LUM amendment and rezoning approval.Mr.Haynie agreed and added that he thought it could be approved siting condition #3 of the grounds for decision. MOTION:To APPROVE ZVAR23-0025 only if the City Commission approves the FLUM amendment and the Rezoning change. Motion:Je?"Haynie Second:JenniferLagner JenniferLagner (Seconded By)For Angela Farford For Hansen For Community Development Board (CDB) September 19,2023 Page 3 of 7 Motion passed 4 to 3. Agenda Item #9.A. 23 Oct 2023 Page 113 of 158 For For For Against Harold Gear Ellen Golombek Je_?’Haynie (Moved By) Richard Arthur Motion passed 6 to 1. NEW BUSINESS A.2093 Beach Avenue ZVAR23-0025 (Michael and Dorothy Turner) Request for a variance to reduce the minimum 5-foot setback for mechanical equipment at 2093 Beach Avenue. Chair Hansen said the applicant is out of town and would like to defer the request to the October meeting. MOTION:To DEFER ZVAR23-0025 until 17th meeting. Motion:Harold Gear Second:Ellen Golombek JenniferLagner For Angela Farford For Kirk Hansen For Harold Gear (Moved By)For Ellen Golombek (Seconded By)For JejfHaynie For Richard Arthur For Motion passed 7 to B.338 11th Street ZVAR23-0026 (Chiara Figallo) Request for a variance from Section 24-253 to allow a circular driveway on a property with less than 100 feet of street frontage at 338 11th Street. STAFF REPORT:Planner Genest presented the information as explained in the staff report.She also provided a PowerPoint presentation.Ms.Golombek asked if the applicant would have to go to a tree committee for tree removal.Planner Genest said they would have to get a tree removal permit.Ms.Golombek asked if the applicant would then have to get the impervious ratio approved.Planner Genest said that would happen in the process of having their building permit reviewed.Mr.Haynie asked if the applicant got their permit approved and then decided to request a variance to do the circular driveway.Ms.Farford asked what the reasoning was behind the 100 foot lot width requirement for a circular driveway.Planner Genest said she thought it was to limit driveway accesses and prevent potential for pedestrian and vehicle accidents.Mr. Community Development Board (CDB) September 19,2023 Page 4 of 7 the October Agenda Item #9.A. 23 Oct 2023 Page 114 of 158 MOTION: Arthur asked when this restriction was added to the code.Planner Genest said she thought it was 2001 but wasn't completely sure,adding that it has been in the code for some time.Ms.Farford asked what the impervious surface ratio was.Planner Genest said that the permit was reviewed by public works and approved so it must be under the requirement. APPLICANT REPORT:Ms.Figallo introduced herself as the applicant.She said that they wanted a circular driveway because it would feel safer than backing out since the driveway was extremely long.Ms.Figallo said they have a living space above the garage which is at the end of the long driveway.She said that there are several lots on her street that are the same width as hers and they have circular driveways.Mr.Haynie asked about the original permit.Ms.F igallo said that the original permit was for a circular driveway and it was denied so they went back and did a redesign to just have a backup area to turn around in.She said she then realized that she could ask for a variance and decided to do that and ask for the circular driveway.Mr.F igallo added that they would not be removing any trees and were going to use permeable materials for the driveway. PUBLIC COMMENT:Chair Hansen opened the ?oor to public comment.There were no public comments. BOARD DISCUSSION:Mr.Arthur understood why the applicant would want a circular driveway due to the long existing driveway and the fact that the neighbor has a circular driveway.Ms.Farford said that due to safety issues with backing out she could see where #4 of the grounds for decision could apply to this request.Chair Hansen said he couldn't support this request since the code is clear and a turn around area would allow the applicant to pull straight out into the street. To APPROVE ZVAR 23-0026 based on grounds #4 which sites onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. Motion:Angela Farford Second:Richard Arthur JenniferLagner Against Angela Farford(Moved By)For Kirk Hansen Against Harold Gear Against Ellen Golombek Against Je?”Haynie Against Richard Arthur (Seconded By)For Motion failed2 to 5. C.981 Sail?sh Drive ZVAR23-0027 (Spring?eld Builders,LLC) Request for a variance from Section 24—68(b)(l)at 981 Sail?sh Drive. Community Development Board (CDB) September 19,2023 Page 5 of 7 Agenda Item #9.A. 23 Oct 2023 Page 115 of 158 STAFF REPORT:Planner Broedell presented the information as explained in the staff report.He also provided a PowerPoint presentation.Ms.Golombek asked if the retention was solely based on the value and whether the impervious was less than the 45%.Planner Broedell said that it was based on the property valuation and the impervious would be around 36%. APPLICANT REPORT:Bucky Davis with Spring?eld Builders introduced himself as the applicant.He said that he saw a previous request that was approved due to oak trees on the property.Mr.Davis said that they saved 5 live oak trees totaling 117 inches by ?ipping the ?oor plan.He said that to provide water storage he said they would end up ripping out the roots of all of those trees causing them to die.Mr.Davis said the required storage would be 2,500 cubic feet or a swale 10 feet wide by 25 feet long.He said they are stuck between 2 ordinances,a strong tree ordinance and the storrnwater storage ordinance. PUBLIC COMMENT:Chair Hansen opened the ?oor to public comment.There were no public comments. BOARD DISCUSSION:There was no discussion. MOTION:To APPROVE ZVAR23-0027 based on grounds for decision #3 citing exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area and grounds #4 citing onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. Motion:Angela Fatford Second:Harold Gear JenniferLagner Angela Fatford(Moved By) Kirk Hansen Harold Gear (Seconded By) Ellen Golombek Jeff Haynie Richard Arthur Motion passed 7 to 0. REPORTS There were no reports. PUBLIC COMMENT There was no public comment. ADJOURNMENT There being no further discussion,Chair Hansen declared the meeting adjourned at 7:13 p.m. Community Development Board (CDB) September 19,2023 Page 6 of 7 For For For For For For For Agenda Item #9.A. 23 Oct 2023 Page 116 of 158 Attest: Amanda Askew Kirk Hansen,Chair Community Development Board (CDB) September 19,2023 Page 7 of 7 Agenda Item #9.A. 23 Oct 2023 Page 117 of 158 ADDRE o.r0U32 IKJOLS hm-(‘Jrc'ai<53v‘/5é’Mm.»:/,com 9]w in ;/m wt;3 71 0447 W/an/.0K5/\/'/Z.7})3}90¢]I6 :1 0 7 AL 1,,/<Qn;/I//cw; STATE ZIPCODE CELL# FOR INTERNALOFFICE USE ONLY City of Atlantic Beach pERMn#([§E2;12,2'@«¢ Community Development Department 800 Seminole Road Atlantic Beach.FL32233 E]$55o_oo Zoning Map Amendment (P)904447-5800 C]$1,000.00 Text Amendment APPLICANTINFORMATION EMAK PHONE# PROVIDEALLOF THEFOLLOWINGINFORMATION: 1.The names and addresses of all owners of the subject property. 2.The existing and proposed zoning district of the subject property.(Requested Action) 3.A statement of special reasons and justi?cation to support the rezoning as requested. 4.The signature of each owner of the lands sought to be rezoned. I HEREBYCERTIFYTHATALLINFORMATIONPROVIDEDIS CORRECT:Signature of Property Owner(s)or AuthorizedAgent SITE INFORMATION ADDRESS SUBDNISION fr *BLOCK RE#7 '393"0 9 LOT/PARCELSIZE ,7,'L 0.5 ZONINGCOD E COMPREHENSNEPLANFUTURELANDUSEDESIGNATION REQUESTEDPROVISIONSFROMWHICHWANERISSOUGHT DPRINTORTYPENAM DAT f 5:414;37x.71/2} Notary Signature My Commission expires Identi?cation veri?ed: Oath Sworn:Yes State of Cou,of ./1 SIGN TU OFAPPLIC \.J IGNATU EOF APPLICANT(2) Signed and sworn before me on this day of OR 21 REZONINGAPPLICATION02.28.2023 ..__TONIGINDLESPERGER MYCOMMISSION#GG353178 .EXPIRES:October6,2023 BingedThruNotaryPublicUnderwrit LO CIT Agenda Item #9.A. 23 Oct 2023 Page 118 of 158 —9/W .2,./_n’}l‘-?ilé‘M /c BLOCK#1 LOT#I 1_ TOTALACREAGE .1 ZONINGCODE FLOODZONE FUTURE LAND USE MAP (FLUM)AMENDMENT FOR]_'r5RNAL opnc5u5goNLy City of Atlantic Beach FILE#3,6~,@:'\_ Community Development Department 800 Seminole Road Atlantic Beach,FL32233 5,‘;(P)904.247.5300 SMALLSCALEDEVELOPMEN T SITE INFORMATION ADDRESS CITY STATE ZIPCODE SUBDIVISION 5.;“ RE#I70 3 »p CURRENTFLUMDESIGNATION PROPOSEDFLUMDESIGNATION APPLIC NTINFORMATION PHONE# CELL#ADDRE g LJ 6337 "“ 415.4 So an 5 /<5?“H 4'16‘‘M5 anof"“’ card”3/[cold ’ 70‘{-37.2-M67 4/W azna"I/to!70‘!ft!07.1. 7.4%82/»ft 3.1133CITY'STATE ZIPCODE EMAIL 1]OWNER 1:]LEGALAUTHORIZEDAGENT REQUESTFORFUTURELANDUSEMAP (FLUM)AMENDMENT:Applicants are advised that approval of an amendment to the Future Land Use Map does not constitute approval for issuance of any pennit or Development Order.Use and development lands related to this land use map amendment,if approved,and any zoning change shall be subject to compliance with all applicable local Lan dDevelopmentRegulations,any State and Federal permitting requirements as well as Florida Building Code requirements for Category "C"construction. PROVIDEALLOF THE FOLLOWINGINFORMATION DESCRIPTIONOF PROPOSEDUSEANDPROPOSEDDEVELOPMENTACTIVITY(ALSOINCLUDEANTICIPATEDDEVELOPMENTANDANY PHASINGSCHEDULE). IDENTIFYALLPUBLICAND PRNATESERVICEPROVIDERSOF WATER,SEWER,ELECTRIC,SOLIDWASTE,ETC.PROVIDEESTIMATESO FWATER,SEWERANDSOLIDWASTEDEMAND. NUMBEROF WETLANDACRES IDENTIFYANYOTHERENVIRONMENTALLYSENSITIVELANDS,ANYLISTEDOR ENDANGEREDSPECIESOR HABITAT IDENTIFYANYOTHERENVIRONMENTALLYSENSITIVELANDS,ANYLISTEDOR ENDANGEREDSPECIESOR HAB|'|'ATS. 22 FUTURELANDUSEAMENDMENT-SMALL02.28. V NAM PARCELSIZ Agenda Item #9.A. 23 Oct 2023 Page 119 of 158 ""“".-3 ESTIMATEDIMPACTTOADOPTEDLEVELOF SERVICESTANDARDSAS ESTABLISHEDBYTHECAPITALIMPROVEMENTSELEMENTOFTH EFFECT;VECOMPREHENSIVEPLAN. 74)dl< .U1&l«MI\J—| 8. 9. 1 1 APPLICATIONPACKAGE CHECKLIST *Additionalinformationmay be required,depending upon circumstances unique to individualapplications .COVERPAGE:Identifyingthe project. TABLEOF CONTENTS:Include a list of all exhibits and attachments. STATEMENT:Statement addressing need and justification for requested amendment APPLICATION:Thisfomn completed in it's entirety. LISTOFADJACENT PROPERTY OWNERS AND ENVELOPES:A list of adjacent property owners within 300 feet of the property includingname,mailing address and their real estate number (located at the Property Appraiser's recent certi?ed tax rolls). Includea legal size envelope addressed to each property owner on the list (do not include a return address).Each envelope must contain proper postage.The order of the enve o u atch the order in which the names a a on i t. PROOFOF OWNERSHIP:Deed or certi?cate by lawyer or abstract or title company that veri?es record owner-as above..LETTEROF AUTHORIZATION:Ifthe applicant is not the owner provide a letter of authorization from the owner(s)for applicant to represent the owner(s)for all purposes related to this application. SURVEYAND LEGALDESCRIPTION:Current survey and legal description of property sought to be rezoned. LOCATIONMAP:General location map with property subject to application clearly identi?ed. 0.SITEPLAN:Site plan containing the following if applicable to the proposed project (account for all land included). Numberand types of dwelling units Type and square feet of commercial or industrialuses Any existing structures and proposed use Any open space,buffers and recreational areas Wetlands,streams,creeks,lakes or any other water bodies or Environmentally Sensitive Lands Most recent aerial photograph of site and surrounding lands Drainage and storm water facilities and other infrastructure,including ingress and egress,internal access and roadways 1.REQUIREDNUMBEROF COPIES:One (1)digital copy -additional paper copy is optional 12.APPLICATIONFEE:$250.00 I HEREBYCERTIFYTHATALLINFORMATIONPROVIDED IS CORRECT:Signature of Property Owneris)or AuthorizedAgent GNATURLOF APPLICA J PRINTOR TYPENAME DA DAT /5! Notary Signature My Commission expires TONIGINDLESPERG ERMYCOMM15S1ON#GG353178 22 FUTURELANDUSEAMENDMENT-SMALL02.28.2023 Identi?cationveri?ed : Oath Sworn:|_-_]Yes by State of SIGNATUREOF APPLICANT(2)PRINTOR TYPENAM E Signed and sworn before me on this day of County of Agenda Item #9.A. 23 Oct 2023 Page 120 of 158 Prepared By:I Record 8.Return To: Attorneys Title Services,LLC 12428 San Jose Blvd,Suite 1 Jacksonville,FL 32223 File No.:FL-210581 SPECIAL WARRANTYDEED THIS SPECIAL WARRANTY DEED,is made this 21“gdayofJuly,2021,by 41 WEST 2ND ST LLC,a Florida limited liability company and APC JAX,LLC,a Florida limited liability company,and CLC JAX,LLC,a Florida limited liability company,whose post office address is:36 W 6th Street,Atlantic Beach,FL 32233 (collectively the "Grantors“),to Oceanside Collision LLC whose post of?ce address is: 41 W 2ND ST,Atlantic Beach,FL 32233 (Grantee). WITNESSETH: That the Grantors,for and in consideration of the sum of Ten Dollars ($10.00)and other good and valuable consideration,the receipt and suf?ciency of which are hereby acknowledged,does hereby grant, bargain,sell,alien,remise,release,convey and con?nn unto the Grantee all that certain land lying and being in Duval County,Florida,and more particularlydescribed herein below (the "Property"): Parcel 1: Lots 4 and 5,and the East 1i2 of Lot 6,Block 26,Section "H"Atlantic Beach,a subdivision according to the plat thereof recorded at Plat Book 18,Page 34,in the Public Records of Duval county,Florida. Parcel 2: The West 112 of Lot 6 and all of Lot 7,Block 26,Section "H"Atlantic Beach,a subdivision according to the plat thereof recorded at Plat Book 18,Page 34,inlthe Public Records of Duvai County,Florida. Parcel 3: Lots 1 and 2,Block 81,Section "H"Atlantic Beach,a subdivision according to the plat thereof recorded at Plat Book 18,Page 34,in the Public Records of Duvai County,Florida. Parcel identification No.:170732-0000,170834—D000and 170733-0000 TOGETHER WITH all the easements,tenements,hereditaments,and appurtenances thereunto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever Doc #2021196990,OR BK 19841 Page 562,Number Pages:3, Recorded 08/02/2021 10:15 AM,JODY PHILLIPS CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $27.00 DEED DOC ST $7700.00 Agenda Item #9.A. 23 Oct 2023 Page 121 of 158 ANDthe Grantors hereby covenants with Grantee that,except as noted above,at the time of delivery of this Special Warranty Deed said Property was free from all encumbrances made by Grantors and that Grantors shall and will WARRANTAND DEFENDthe same against the lawful claims and demands of all persons claiming by,through or under Grantors but against none others. IN WITNESS WHEREOF,the Grantors have caused this Special Warranty Deed to be executed by its duly authorized of?cer on the day and year first above written. Signed sealed,and delivered in the presence of: 41 WEST 2ND ST LLC,a Florida limited liability company Print Name?,,31.z,.g5-3_,‘/,_,,,L1 BY: P’am M:‘5.‘3w ~°'Atillio P.Cerquei M leg;,3if A / BY: Catherine L.Cerqueira Manager APC JAX,LLC,a Florida limitedliability company Cfhafg‘/f I./:9‘aw/4 /’/BY; Print ame:“"~~l—-1 .€'5..»k..r AtillioP.Cerqu ra Manager / _ ..-:.»'""?/7f::’%?;“"’“"'"'"“”""”"'CLC JAX,LLC.a Florida limited -:“PrintName:(419 fig»;ax/'-Ir of liability company .r-.._,3 _{7,_,[.,_,BY: 'LC-*6/3-L"’m""— 'Catherine L.Cerqueira ‘; Manager \/ Pri rint Name: OR BK 19841 PAGE 563 Agenda Item #9.A. 23 Oct 2023 Page 122 of 158 STATE OF FLORIDA COUNTYOF DUVAL The foregoing special warranty deed was acknowledged before me by means of/>_<_:physical presence or oniine notarization this Q'3l“3'day of July,2021,by AtillioP.Cerqueira,as Manager of 41 WEST 2ND ST LLC,a Florida limited liability company,and as Manager of APC JAX,LLC.a Florid alimitedliabilitycompany,who produced a valid Floridadrivers‘license as identi?cation. £«r1f:‘_fl_«@(,OCHARLESR.WOOD otary Public * '' *Commission#GG970899c% wExpiresMarch11,2024 to,‘L04 Bonded‘Elm:Bmlgatuolarysorvloes -.r'/‘.0 5-L/ t-‘r?cg "T/:i,.a,2o29 /I n Kfoj‘V \//'J"C / "‘v-.."*5L} STATE OF FLORiDA COUNTYOF DUVAL The foregoing special warranty deed was acknowledged before me by means of X physical presence or online notarization this 2.:2"3'dayof July,2021,by Catherine L.Cerqueira.as Manager of 41 WEST 2ND ST LLC.a Florida limited liability company,and as Manager of CLC JAX,LLC,a Florida limitedliabilitycompany,who produced a valid Florida drivers‘license as identi?cation. NotaryPublic Notary Printed or Typed Name My Commission Expires: CHARLESR.WOOD Gommisslnn?GG970899 ExpiresMatch11.2024 Blrrld-adminBudqnl??tlrysarvltez N .Otary Printed or Typed Name My CommissionExpirés: xf-7’ ,«_. OR BK 19841 PAGE 564 Agenda Item #9.A. 23 Oct 2023 Page 123 of 158 I: \ \\\\M\\\\\\\ Dn.'Is2or~.-or-'CORPORATION Detail by Entity Name Florida Limited Liability Company OCEANSIDE COLLISION,LLC ?m9 Document Number L14000O64727 FEIIEINNumber 46-5435805 Date Filed 04/21/2014 Effective Date 04/21/2014 State FL Status ACTIVE Ed?? 41 W.2ND ST ATLANTICBEACH,FL 32233 MaiJin9.Ads!r_e2s 41 W 2ND ST ATLANTIC BEACH,FL 32233 ROCKS,HAROLD J 41 W 2ND ST ATLANTICBEACH,FL 32233 smm Name 8:Address Title MANAGERMEMBER ROOKS,HAROLD J 41 W.2ND ST ATLANTICBEACH,FL 32233 Annualjienem Report Year Filed Date 2021 01/05/2021 2022 01/05/2022 2023 01/03/2023 https:/Isearch.sunbiz.orgl|nquirylcorpnrationsearchISearchResultDetail?inquirytype=EntityName8-directionType=lnitia|1/2 9§ m I .Qi2?§i9n9f_Q9.weA?_c>_r.-st I m I §§aIszb.bsLEnmy.Nam.rzI ,/9:37 AM Detail by Entity Name Agenda Item #9.A. 23 Oct 2023 Page 124 of 158 .........E.._.,._,_.._.;_.=._._,_._.L_................gNN..AL 3...Q5,9 9 El ?DIl\A I IIlITl=l'\I IARII ITV PGIIDAMVA DOCUMENT#L14000064727 Entity Name:OCEANSIDE COLLISION,LLC Current Principal Place of Business: 41 W.2ND ST ATLANTICBEACH.FL 32233 Current Mailing Address: 41 W 2ND ST ATLANTICBEACH,FL 32233 FEI Number:465435805 Name and Address of current Registered Agent: ROOKS.HAROLD J 41 W 2ND ST ATLANTICBB\CH.FL 32233 US SIGNATURE: ElectronicSlgnature of Registered Agent Authorized Person(s)Detail : Title MANAGER MEMBER Name ROOKS,HAROLDJ Address 41 w.2ND s'r City-State-Zip:ATLAN'l1CBEACH FL 32233 FILED Jan 03,2023 Secretary of State 212965260206 Certi?cate of Status Deslred:No Ihelabyoer?ly??aubelmuma?anlrrdlcatadan?ztsrspartnvsupplamentalraponlstruaandaacuratearvdmatmyelectrurtfcsignaunashailhanm?losamelegala?bctaslfmadeundar oaih.-Ihauamamanmthgmomberormanagerortnenmftadllahl?lyazmpanyarthe racefwrnrlms?ua empawamdtoaxamsa Ihisrapodasrequbedby Chaptar605.Ficrida Suztutasm nd?mmynan1enppearsabwe.armana?adzmen!wi?1a?o0Ier?kaen1povvemd. SIGNATURE:HAROLD ROOKS OWNERI PRESIDENT 01/03/2023 Electronic Signature of Slgnlng Authorized Person(s)Detail Data The above named entity submits this statement for the purpose of changing its ragistanad o?ice ornagistered agent.orbath,in the State of Florida Date Agenda Item #9.A. 23 Oct 2023 Page 125 of 158 N L5‘W.$‘J _\“.\-Hay]_,__'"l..\_IQ 5 'a.s‘\a Agenda Item #9.A.23 Oct 2023Page 126 of 158 Agenda Item #9.A.23 Oct 2023Page 127 of 158 —-n—-.—.-ua-.-.—-.-—.-.-11”-—a———Agenda Item #9.A.23 Oct 2023Page 128 of 158 ’«. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Ordinance No.31-23-16 (COMP23-0002)and Ordinance No.90-23- 251 (REZN23-0002).Request for a Future Land Use Map (FLUM) amendment to change the future land use map from Residential Medium Density (RM)to Commercial (CM)and a zoning map amendment to change the zoning map from Residential,General,Two-Family (RG)to Commercial General (CG)for 0 West 2"“Street (RE #170834 0000) SUBMITTED BY:Amanda Askew,Director of Planning and Community Development TODAY’S DATE:October 11,2023 MEETING DATE:October 23,2023 BACKGROUND:Request for a Future Land Use Map (FLUM)amendment to change the future land use map from Residential Medium Density (RM)to Commercial (CM)and a zoning map amendment to change the zoning map from Residential,General,Two-Family (RG)to Commercial General (CG)for 0 West 2nd Street (RE #170834 0000). The subject property,0 W 2“dStreet,is a Vacant lot and is adjacent to Oceanside Collision (61 W 2”“St),which is an auto- repair shop.Oceanside Collision also owns and operates out of 41 and 61 W 2"‘!St. Both 41 and 61 W 2"“Street are zoned Commercial,General (CG)and are designated on the FLUM as Commercial (CM). The applicant is requesting to rezone the property from Residential,General,Two-Family Commercial and amend the future land use map (FLUM)from Residential Medium density to Commercial. The vacant residentially zoned lot is being used by Oceanside Collision as part of their business to store vehicles that are being worked on.Non-residential uses are go_tpermitted within the RG zoning district.Earlier this year,the property owner installed a fence and pavement without a permit which Agenda Item #9.B. 23 Oct 2023 Page 129 of 158 (Oceans!-"2 Collision). I 41 W2”5! V (Oceanside Calllslon) brought the automotive use to the attention of staff.Staff advised the property owner that this property is zoned residential and not zoned for the storage of vehicles and automotive service. Section 24-112 of the Code of Ordinance the CG zoning district permits minor automotive.In section 24-17,minor automotive service is de?ned as “....any facility that performs the limited,minor or routine servicing of motor vehicles or parts,but shall not include major automotive repair,and which contains no more than two (2)work bays.”The current buildings (41 and 61 W 2”“Street)meet the de?nition of “Automotive repair, major shall mean any facility that performs any type of automotive service or repair with more than two (2)work bays,or any facility that performs the rebuilding or reconditioning of motor vehicles or parts thereof,including collision service,painting and steam cleaning of vehicles,regardless of the number of work bays.”This type of use is only permitted in light industrial and warehousing district (LIW). Residential Zoning Commercial Zoning Residential Zoning Commercial Zoning Change Zoning and FLUM from Residential to Commercial Property Location (0 w 2"‘St) 61 W 2”"S1 focoansl Collision) 41 W 2 Sn (omanslde collision) Agenda Item #9.B. 23 Oct 2023 Page 130 of 158 HISTORY: Oceanside Collision acquired 0,41 and 61 W 2”‘Street in July 2021. 0 W 2”’Street has never been developed and remained “unused”until about 1993 when aerial photography shows the site being used to store vehicles. 61 W 2”“Street was developed in 1986 as a warehouse building.In 1987,City Commission approved a use-by-exception to allow an automotive service garage at this location with the condition that there be no outside stora e or work.The property has changed ownership a few times since then but has continuously been operated as an automotive service garage. Non-conforming uses (24-84 (c)are “...Uses of land which were lawfully created at the time such uses were established,but which would not be permitted by the restrictions imposed by these land development regulations or by restrictions imposed by the comprehensive plan,may be continued so long as thev remain otherwise lawful and in compliance with the orovisions of this section. (2)Relocation or expansion ofnonconforming uses.A nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel on which such nonconforming use is located,nor shall a nonconforming use be expanded or enlarged.” Agenda Item #9.B. 23 Oct 2023 Page 131 of 158 .Property is being Property is being Pro e rprty:5 vacon used to store vehicles used to store vehicle OW 2'‘Street O W 2"Street 1.“-33A-rm? D W '2'S3!-at ANALYSIS &REVIEW In considering a FLUM amendment application,Policy A.1.3.1 of the Comprehensive Plan states that the City shall ?nd that each of the following conditions are demonstrated by the applicant seeking said amendment. a)There are adequate public facilities available to the proposed development. b)The proposed commercial or industrial development shall not have adverse impacts to surrounding neighborhoods,other properties,the natural environment,the aesthetic qualities of the City and shall not impair or degrade scenic natural views. c)There is a demonstrated deficiency of commercial or industrial lands within the City to serve the needs of residents of the City for such uses. Additionally,Policy A.l.l3.4 states that applications to amend the Comprehensive Plan shall be reviewed and evaluated based upon the following factors: (a)Consistency with the Goals,Objectives and Policies of this Plan; (b)Consistency with the State Comprehensive Plan and the Northeast Florida Strategic Regional Policy Plan; (c)Consistency with other adopted policies and plans of the City,the County,the State or other agencies having regulatory authority over the City; (d)The potential for adverse impacts to Environmentally Sensitive Areas,the natural enviromnent or the aesthetic quality of the City, (e)The potential to cause de?ciencies in adopted levels of service or to adversely impact available water supplies,public facilities,infrastructure and services. 61 W 2"SI {Gnomide (omslon)61 W2"‘$lIWI”$l Agenda Item #9.B. 23 Oct 2023 Page 132 of 158 Per Section 24-62(c)(2)of the Land Development Regulations,the Community Development Board shall “indicate the relationshi 0 the ro osed rezonin to the Com rehensive Plan or the Ci and rovide a mdin that the re uested chan e in zonin is consistent with the Com rehensive Plan ”.Relevant and applicable language from the City’s Comprehensive Plan is listed below. Policy A.1.5.6 Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas,traf?c facilities and the aesthetic character of the City. Policy A.1.10.4 The City shall actively support the appropriate redevelopment and in?ll development of the Mayport Road corridor.Retail and service uses that sustain neighborhoods, and encourage a more aesthetically pleasing and pedestrian ?iendly environment shall be encouraged.New development along Mayport Road shall be in compliance with the Commercial Corridor Development Standards as set forth within the Land Development Regulations. Policy A.1.10.5 Along the Mayport Road corridor,the continuation and proliferation of light industrial uses,automotive sales and repair businesses and other more intensive commercial business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving retail products and services that generate daily activity and interaction between residents of the surrounding neighborhoods such as banks,drugstores,restaurants, churches,child care centers,grocery stores and similar businesses and uses. Policy A.1.1l.1 (b)Commercial —The Commercial land use category is intended to provide appropriate locations for neighborhood and community businesses providing services and retail sales for the City and the closely surrounding communities.Government,civic,religious,cultural and institutional uses,may also be located within this category.Permitted uses within the Commercial category,along with uses that may be allowed by special exception,shall be limited to the following and as more speci?cally described within the Land Development Regulations and when located within the respective Zoning District classi?cations,which are intended to provide a decreasing level of use intensity due to proximity to residential uses. General Commercial.These areas shall include those businesses that provide retail goods and services,which serve the routine and daily needs of residents,including banks and professional services,grocery and convenience stores,restaurants,accredited public and private schools and child care,but not including manufacturing,warehousing,storage or high intensity commercial activities of a regional nature,or uses that have the potential for negative impact to surrounding properties due to excessive noise,light or extremely late hours of operation.Residential uses,not exceeding the Medium Density category shall also be permitted,when in conjunction with,or adjacent to commercial development and redevelopment,provided that such residential development shall not be permitted within the Coastal High Hazard Area. ANALYSIS &REVIEW In considering a rezoning evaluations of the request may be based on following: (1)Consistency with the Comprehensive Plan (2)Consistency with the intent of the land development regulations; Agenda Item #9.B. 23 Oct 2023 Page 133 of 158 (3)Consistency with other professional planning principles,standards,information and more detailed plans and studies considered relevant (4)Whether the proposed amendment and development permitted thereunder is premature or otherwise creates or contributes to an urban sprawl pattern of development (5)Whether the proposed amendment will constitute “spot zoning,”that is an isolated zoning district unrelated to adjacent and nearby district (6)Whether the uses permitted under the proposed rezoning will be consistent or compatible with the existing and proposed land uses and zoning of adjacent and nearby properties or the general area;or will deviate from an established or developing logical and orderly development pattern; (7)Whether the uses permitted under the proposed rezoning will deviate from an established or developing development pattern that is logical and orderly; (8)Whether the proposed rezoning and development permitted thereunder will result in significant adverse impacts upon property values of adjacent or nearby properties or in the general area more than the types of uses currently permitted;and ' (9)Whether the proposed rezoning and development permitted thereunder will detract from the character and quality of life in the general area or neighborhood by creating excessive traf?c,noise,lights,vibration,fumes,odors,dust,physical activities or other detrimental effects or nuisances. The Community Development Board (CDB)heard this agenda item at the September regular meeting and voted 4 to 3 £9 recommend approval of the rezoning and comprehensive plan.However,some CDB members expressed concerns that the proposed changes to the future land use map and rezoning do not meet the vision of Mayport Road and the goals and policies in the Comprehensive Plan. BUDGET:None RECOMMENDATION:Commission review and vote on Ordinance No.31-23-16 (COMP23— 0002)and Ordinance No.90-23-251 (REZN23-0002) ATTACHMENT(S):Ordinance No.31-23-16 Ordinance No.90-23-251 Draft CDB minutes Application from applicant REVIEWED BY CITY MANAGER: Agenda Item #9.B. 23 Oct 2023 Page 134 of 158 ORDINANCE NO.31-23-16 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,STATE OF FLORIDA,AMENDING THE FUTURE LAND USE MAP OF THE 2030 COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL MEDIUM DENSITY (RM)TO COMMERCIAL (CM);PROVIDING FOR CONFLICT;PROVIDING FOR SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Commission of the City of Atlantic Beach,Florida hereby finds that the change in Future Land Use Map designation enacted by this Ordinance shall provide for orderly growth;encourage the appropriate use of land;protect and conserve the value of property;prevent the overcrowding of land;promote,protect and improve the health,safety,comfort,good order, appearance,convenience,and general welfare of the public;and implement the goals and objectives of the Comprehensive Plan;and WHEREAS,the lands subject to this change in Future Land Use Map designation were developedin the 1940s through the l 970s and included commercialuses prior to the City's adoptionof the ?rst Comprehensive Plan and associated Future Land Use Map;and WHEREAS,the Community Development Board held a duly noticed public hearing on September 19,2023,to consider this Ordinance,and found the request to be consistent with the City's Comprehensive Plan and voted to recommend that the City Commission approve this Ordinance;and WHEREAS,the City Commission considered this Ordinance after proper public notice and comments from staff and the public. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1.Findings of Fact.The above recitals are hereby incorporated as Findings of Fact in support of this Ordinance,and the City Commission ?nds as follows: a.This change in future land use map designation has been fully considered after public hearings with legal notice duly published as required by law and has met the procedural requirements as set forth in Sections 24-51,24-62 and the Land Development Regulations. b.The proposed Future Land Use Map amendment to Commercial (CM)is consistent the goals,policies and objectives of the City's adopted Comprehensive Plan. c.All development within lands subject to this change in future land use map designation to Commercial (CM)and any future development shall be consistent with the zoning, subdivision,Land Development Regulations and other applicable provisions of the Atlantic Beach Code of Ordinances prior to issuance of local permits authorizing construction or site alteration. d.The future land use map designation of Commercial (CM)is consistent and compatible Agenda Item #9.B. 23 Oct 2023 Page 135 of 158 Q a sad. with the surrounding development and future land use map designation in that the adjoining properties to the east are already designated Commercial (CM)and allow commercial uses. SECTION 2.Affected Pro erties.Pursuant to this change in Future Land Use Map designation procedure,the Future Land Use Map designation of those certain lands within the City of Atlantic Beach,as more particularly described in Exhibit A,attached hereto and made a part hereof,are hereby reclassi?ed ?'om Residential Medium (RM)to Commercial (CM). SECTION 3.Future Land Use Ma R vi The Director of Planning and Community Development is hereby directed to revise the of?cial Future Land Use Map of the City of Atlantic Beach to re?ect the change in Future Land Use designation for those properties described in Exhibit A from Residential Medium (RM)to Commercial (CM)and to submit documentation to the Florida Department of Economic Opportunity as required by Section 163.3187,Florida Statutes. SECTION 4.Con?ict.All ordinances,resolutions,of?cial detenninations or parts thereof previously adopted or entered by the City or any of its of?cials and in con?ict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 5.Severabilit .If a Court of competent jurisdiction at any time ?nds any provision of this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 6.Effective Date.This ordinance shall take effect upon ?nal reading and approval. PASSED by the City Commission on ?rst reading this 23”‘day of October,2023 PASSED by the City Commission on second and ?nal reading this day of ,2023. CITY OF ATLANTIC BEACH as to form and correctness: Jason Gabriel,City Attorney Curtis Ford,Mayor Donna L.Bartle,City Clerk Approved Attest Agenda Item #9.B. 23 Oct 2023 Page 136 of 158 Exhibit A The lands subject to this Ordinance No.31-23-16 changing their Future Land Use designation form Residential Medium (RM)to Commercial (CM)shall be those described below.All Book and Page information can be found in the current public records of Duval County,Florida. Address RE Number 0 West 2“Street 170834-0000 Agenda Item #9.B. 23 Oct 2023 Page 137 of 158 ORDINANCE NO.90-23-251 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL,STATE OF FLORIDA, REZONING THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL, GENERAL,TWO-FAMILY (RG),TO COMMERCIAL GENERAL (CG);PROVIDING FINDINGS OF FACT; REQUIRING RECORDATION;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Commission of the City of Atlantic Beach,Florida hereby ?nds that the change in zoning classi?cation enacted by this Ordinance shall provide for orderly growth; encourage the appropriate use of land;protect and conserve the value of property;prevent the overcrowding of land;promote,protect and improve the health,safety,comfort,good order, appearance,convenience,and general welfare of the public;and implement the goals and objectives of the Comprehensive Plan;and WHEREAS,the lands subject to this change in zoning classi?cation were largely developed in 1975 prior to signi?cant changes to the Land Development Regulations and the Of?cial Zoning Map;and WHEREAS,the Community Development Board held a duly noticed public hearing on September 19,2023,to consider this Ordinance,and found it to be consistent with the City’s Comprehensive Plan and voted to recommend that the City Commission approve this Ordinance; and WHEREAS,the City Commission considered this Ordinance after proper public notice and comments from staff and the public. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1.Findin s of Fact.The above recitals are hereby incorporated as Findings of Fact in support of this Ordinance,and the City Commission ?nds as follows: a This change in zoning district classi?cation has been fully considered after publichearings with legal notice duly published as required by law and has met the procedural requirements as set forth in Sections 24-51,24-62 and the Land Development Regulations. b.The proposed rezoning to Commercial,General (CG)is consistent withthe Future Land Use Map Commercial (CM)designation and the goals,policies and objectives of the City’s adopted Comprehensive Plan. c.All development within lands subject to this rezoning to Commercial,General (CG)and any future development shall be consistent with the zoning,subdivision,Land Development Regulations and other applicable provisions of the Atlantic Beach Code of Ordinances prior to issuance of local permits authorizing constructionor site alteration. Agenda Item #9.B. 23 Oct 2023 Page 138 of 158 d The zoning district classi?cation of Commercial,General (CG)is consistent and compatible with the surrounding development and zoning districts in that the adjoining properties to the east are Commercial,General (CG). SECTION 2.Affected Pro erties.Pursuant to this change in zoning district designation procedure, the zoning district classi?cation of those certain lands within the City of Atlantic Beach,as more particularly described in Exhibit A,attached hereto and made a part hereof,are hereby reclassi?ed as Commercial,General (CG)from Residential,General,Two-Family (RG).This reclassi?cation does not grant authority for any speci?c uses on said lands.Any proposed use on said lands shall be reviewed and approved in accordance with the provisions of Chapter 24,Land Development Regulations. SECTION 3.Zonin Ma Revised.The Director of Planning and Community Development is hereby directed to revise the of?cial Zoning Map of the City of Atlantic Beach to re?ect the change in zoning classi?cation for those properties described in Exhibit A from Residential,General,Two- Family (RG),to Commercial,General (CG). SECTION 4.Con?ict.All ordinances,resolutions,of?cial determinations or parts thereof previously adopted or entered by the City or anyof its of?cials and in con?ict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 5.Severabilit .If a Court of competent jurisdiction at any time ?nds any provision of this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 6.Effective Date.This ordinance shall take effect upon ?nal reading and approval. PASSED by the City Commission on ?rst reading this 23”’day of October,2023. PASSED by the City Commission on second and ?nal reading this day of ,2023. CITY OF ATLANTIC BEACH Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: Curtis Ford,Mayor Jason Garbiel,City Attorney Agenda Item #9.B. 23 Oct 2023 Page 139 of 158 Exhibit A The lands subject to this Ordinance No.90-23-251 changing their zoning district designation from Residential,General,Two-Fami1y(RG)to Commercial,General (CG)shall be those described on the attached survey. Address RE Number 0 West 2“Street 170834-0000 Agenda Item #9.B. 23 Oct 2023 Page 140 of 158 MINUTES Community Development Board (CDB)Meeting Tuesday,September 19,2023 -6:00 PM Commission Chamber Present:Jennifer Lagner,Member Angela Farford,Member Kirk Hansen,Chair Harold Gear,Member Ellen Golombek,Member Jeff Haynie,Member Richard Arthur,Alternate Member Absent:Sylvia Simmons,Member Also Present:Amanda Askew,Planning &Community Development Director (PCDD) Valerie Jones,Recording’Clerk Abrielle Genest,Planner Brian Broedell,Principal Planner 1.CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m.by Chair Hansen. 2.APPROVAL OF MINUTES A.Approve minutes of the August 14,2023 regular meeting of the Community Development Board. The minutes were approved. 3.OLD BUSINESS There was no old business. Request is for a Future Land Use Map (FLUM)amendment to change the future land use map designation of 0 West 2nd Street (RE#170834-0000)FROM Residential Medium Density (RM)TO Commercial (CM).Also,a request for a rezoning of 0 West 2nd Street (RE#170834-0000)FROM Residential,General,Two-Family (RG)TO Commercial,General (CG). STAFF REPORT:Director Askew presented the information as explained in the staff report.She also provided a PowerPoint presentation.Ms.Lagner asked what is located behind this property.Director Askew said it is existing mini-storage.Mr.Haynie asked Community Development Board (CDB) September 19,2023 Page 1 of 7 0 West 2nd Street REZN23-0002 (Ordinance No.90-23-251)and COMP23-0002 (Ordinance No.31-23-16)-Deferred from August 15"‘ Agenda Item #9.B. 23 Oct 2023 Page 141 of 158 about the zoning on the mini-storage.Director Askew said it was zoned Residential and is a non-conforming use.Mr.Arthur asked what the date was for policies that were referenced in the staff report.Director Askew said the 2030 Comp Plan was updated in 2019 so some of the policies were existing and some were added. APPLICANT REPORT:Harold Rooks introduced himself as the applicant.He explained that a previous Planning Director and Code Enforcement Of?cer told him years ago that the cars couldn't be visible and that he had to put up a fence which he did and is now being told he has to remove the new fence that he just installed.Mr.Rooks said he has been at that location for 9 years and bought the property in 2021.He explained that the previous business left vehicles everywhere and he puts them behind the fence to keep things cleaned up.Mr.Haynie asked who his clientele consisted of. Mr.Rooks said he works on the vehicles for several cities including Atlantic Beach, police departments and a lot of local residents.Mr.Arthur asked about the asphalt and whether it was new.Mr.Rooks explained that the asphalt was existing but had some pot holes that he ?lled in.He said he thought the property was commercial since there was an automotive shop there for over 25 years.Mr.Rooks found out it was residential when he purchased the property. PUBLIC COMMENT:Chair Hansen opened the floor to public comment.There were no public comments. BOARD DISCUSSION:Chair Hansen told the Board that this case would go to the City Commission no matter which way they vote.Mr.Gear was in favor of approval due to the history of how long it has been operating as commercial as an automotive business.Ms.Lagner and Ms.Golombek agreed.Mr.Arthur he had dif?culty witch rezoning it since it conflicts with the Comp Plan in its attempt to change the Mayport Corridor.Chair Hansen said he agreed that this rezoning would be totally inconsistent with the Comp Plan but at the same time it has been a successful business for over 25 years.He said he wants to support the Comp Plan and was concerned about deviating from the Mayport Vision Plan.Mr.Gear said that maybe the existing zoning is wrong since the business behind Mr.Rooks is commercial and is also in a Residential zone. Ms.Golombek said that maybe the Comp Plan has a desired direction but on the other hand this business derives about 80%of its support from local businesses and residents. Mr.Arthur said he would be okay with it existing as a non-conforming use but to support a zoning change was hard for him to agree on.Ms.Farford said she was sympathetic to a business that has operated for so long but also didn't ?nd it compatible with surrounding uses and she would have to deny it.Mr.Haynie spoke about the elements that the Board is supposed to consider for a FLUM amendment.He said that he felt like the Comp Plan goals were for what would be seen on Mayport Road but since this property isn't on Mayport Road it wouldn't affect that goal.Mr.Haynie said there is reason to support this request. Motion:Je?’Haynie Second:Ellen Golombek Community Development Board (CDB) September 19,2023 Page 2 of 7 MOTION:APPROVAL of COMP23-0002 and REZN23-0002 on the grounds that it could be consistent \\ith the Comp Plan. To recommend Agenda Item #9.B. 23 Oct 2023 Page 142 of 158 JenniferLagner Angela F atford Kirk Hansen Harold Gear Ellen Golombek (Seconded By) JeffHaynie (Moved By) Richard Arthur For Against Against For For For Against B.0 West 2nd Street ZVAR23-0023 (Harold J.Rooks)-Deferred from August 15th meeting Request for a variance to exceed the maximum fence height at 0 West 2nd Street. STAFF REPORT:Director Askew presented the information as explained in the staff report.She also provided a PowerPoint presentation.Mr.Arthur asked how far the fence was off of the nronertv line.Director Askew said it is 2 feet off of the nronertv line.She said that a front yard fence is limited to 4 feet.Mr.Haynie said he felt like some of this would be contingent on the FLUM and the rezoning request.Director Askew said the Board could make a motion to approve upon successful rezoning and the FLUM amendment.Ms.Golombek asked if the sight lines were blocked.Director Askew said it doesn't block any sight lines.Mr.Arthur asked if the applicant could remove several of the panels to the fence going back to where he could then have a 6 foot fence.Director Askew said that could be done. APPLICANT REPORT:Harold Rooks introduced himself as the applicant.He said a fence has been there for over 25 years. PUBLIC COMMENT:Chair Hansen opened the floor to public comment.There were no public comments. BOARD DISCUSSION:Chair Hansen said he would like to see the variance approved contingent on the F LUM amendment and rezoning approval.Mr.Haynie agreed and added that he thought it could be approved siting condition #3 of the grounds for decision. MOTION:To APPROVE ZVAR23-0025 only if the City Commission approves the FLUM amendment and the Rezoning change. Motion:Je?"Haynie Second:JenniferLagner JenniferLagner (Seconded By)For Angela Farford For Hansen For Community Development Board (CDB) September 19,2023 Page 3 of 7 Motion passed 4 to 3. Agenda Item #9.B. 23 Oct 2023 Page 143 of 158 For For For Against Harold Gear Ellen Golombek Je_?’Haynie (Moved By) Richard Arthur Motion passed 6 to 1. NEW BUSINESS A.2093 Beach Avenue ZVAR23-0025 (Michael and Dorothy Turner) Request for a variance to reduce the minimum 5-foot setback for mechanical equipment at 2093 Beach Avenue. Chair Hansen said the applicant is out of town and would like to defer the request to the October meeting. MOTION:To DEFER ZVAR23-0025 until 17th meeting. Motion:Harold Gear Second:Ellen Golombek JenniferLagner For Angela Farford For Kirk Hansen For Harold Gear (Moved By)For Ellen Golombek (Seconded By)For JejfHaynie For Richard Arthur For Motion passed 7 to B.338 11th Street ZVAR23-0026 (Chiara Figallo) Request for a variance from Section 24-253 to allow a circular driveway on a property with less than 100 feet of street frontage at 338 11th Street. STAFF REPORT:Planner Genest presented the information as explained in the staff report.She also provided a PowerPoint presentation.Ms.Golombek asked if the applicant would have to go to a tree committee for tree removal.Planner Genest said they would have to get a tree removal permit.Ms.Golombek asked if the applicant would then have to get the impervious ratio approved.Planner Genest said that would happen in the process of having their building permit reviewed.Mr.Haynie asked if the applicant got their permit approved and then decided to request a variance to do the circular driveway.Ms.Farford asked what the reasoning was behind the 100 foot lot width requirement for a circular driveway.Planner Genest said she thought it was to limit driveway accesses and prevent potential for pedestrian and vehicle accidents.Mr. Community Development Board (CDB) September 19,2023 Page 4 of 7 the October Agenda Item #9.B. 23 Oct 2023 Page 144 of 158 MOTION: Arthur asked when this restriction was added to the code.Planner Genest said she thought it was 2001 but wasn't completely sure,adding that it has been in the code for some time.Ms.Farford asked what the impervious surface ratio was.Planner Genest said that the permit was reviewed by public works and approved so it must be under the requirement. APPLICANT REPORT:Ms.Figallo introduced herself as the applicant.She said that they wanted a circular driveway because it would feel safer than backing out since the driveway was extremely long.Ms.Figallo said they have a living space above the garage which is at the end of the long driveway.She said that there are several lots on her street that are the same width as hers and they have circular driveways.Mr.Haynie asked about the original permit.Ms.F igallo said that the original permit was for a circular driveway and it was denied so they went back and did a redesign to just have a backup area to turn around in.She said she then realized that she could ask for a variance and decided to do that and ask for the circular driveway.Mr.F igallo added that they would not be removing any trees and were going to use permeable materials for the driveway. PUBLIC COMMENT:Chair Hansen opened the ?oor to public comment.There were no public comments. BOARD DISCUSSION:Mr.Arthur understood why the applicant would want a circular driveway due to the long existing driveway and the fact that the neighbor has a circular driveway.Ms.Farford said that due to safety issues with backing out she could see where #4 of the grounds for decision could apply to this request.Chair Hansen said he couldn't support this request since the code is clear and a turn around area would allow the applicant to pull straight out into the street. To APPROVE ZVAR 23-0026 based on grounds #4 which sites onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. Motion:Angela Farford Second:Richard Arthur JenniferLagner Against Angela Farford(Moved By)For Kirk Hansen Against Harold Gear Against Ellen Golombek Against Je?”Haynie Against Richard Arthur (Seconded By)For Motion failed2 to 5. C.981 Sail?sh Drive ZVAR23-0027 (Spring?eld Builders,LLC) Request for a variance from Section 24—68(b)(l)at 981 Sail?sh Drive. Community Development Board (CDB) September 19,2023 Page 5 of 7 Agenda Item #9.B. 23 Oct 2023 Page 145 of 158 STAFF REPORT:Planner Broedell presented the information as explained in the staff report.He also provided a PowerPoint presentation.Ms.Golombek asked if the retention was solely based on the value and whether the impervious was less than the 45%.Planner Broedell said that it was based on the property valuation and the impervious would be around 36%. APPLICANT REPORT:Bucky Davis with Spring?eld Builders introduced himself as the applicant.He said that he saw a previous request that was approved due to oak trees on the property.Mr.Davis said that they saved 5 live oak trees totaling 117 inches by ?ipping the ?oor plan.He said that to provide water storage he said they would end up ripping out the roots of all of those trees causing them to die.Mr.Davis said the required storage would be 2,500 cubic feet or a swale 10 feet wide by 25 feet long.He said they are stuck between 2 ordinances,a strong tree ordinance and the storrnwater storage ordinance. PUBLIC COMMENT:Chair Hansen opened the ?oor to public comment.There were no public comments. BOARD DISCUSSION:There was no discussion. MOTION:To APPROVE ZVAR23-0027 based on grounds for decision #3 citing exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area and grounds #4 citing onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. Motion:Angela Fatford Second:Harold Gear JenniferLagner Angela Fatford(Moved By) Kirk Hansen Harold Gear (Seconded By) Ellen Golombek Jeff Haynie Richard Arthur Motion passed 7 to 0. REPORTS There were no reports. PUBLIC COMMENT There was no public comment. ADJOURNMENT There being no further discussion,Chair Hansen declared the meeting adjourned at 7:13 p.m. Community Development Board (CDB) September 19,2023 Page 6 of 7 For For For For For For For Agenda Item #9.B. 23 Oct 2023 Page 146 of 158 Attest: Amanda Askew Kirk Hansen,Chair Community Development Board (CDB) September 19,2023 Page 7 of 7 Agenda Item #9.B. 23 Oct 2023 Page 147 of 158 ADDRE o.r0U32 IKJOLS hm-(‘Jrc'ai<53v‘/5é’Mm.»:/,com 9]w in ;/m wt;3 71 0447 W/an/.0K5/\/'/Z.7})3}90¢]I6 :1 0 7 AL 1,,/<Qn;/I//cw; STATE ZIPCODE CELL# FOR INTERNALOFFICE USE ONLY City of Atlantic Beach pERMn#([§E2;12,2'@«¢ Community Development Department 800 Seminole Road Atlantic Beach.FL32233 E]$55o_oo Zoning Map Amendment (P)904447-5800 C]$1,000.00 Text Amendment APPLICANTINFORMATION EMAK PHONE# PROVIDEALLOF THEFOLLOWINGINFORMATION: 1.The names and addresses of all owners of the subject property. 2.The existing and proposed zoning district of the subject property.(Requested Action) 3.A statement of special reasons and justi?cation to support the rezoning as requested. 4.The signature of each owner of the lands sought to be rezoned. I HEREBYCERTIFYTHATALLINFORMATIONPROVIDEDIS CORRECT:Signature of Property Owner(s)or AuthorizedAgent SITE INFORMATION ADDRESS SUBDNISION fr *BLOCK RE#7 '393"0 9 LOT/PARCELSIZE ,7,'L 0.5 ZONINGCOD E COMPREHENSNEPLANFUTURELANDUSEDESIGNATION REQUESTEDPROVISIONSFROMWHICHWANERISSOUGHT DPRINTORTYPENAM DAT f 5:414;37x.71/2} Notary Signature My Commission expires Identi?cation veri?ed: Oath Sworn:Yes State of Cou,of ./1 SIGN TU OFAPPLIC \.J IGNATU EOF APPLICANT(2) Signed and sworn before me on this day of OR 21 REZONINGAPPLICATION02.28.2023 ..__TONIGINDLESPERGER MYCOMMISSION#GG353178 .EXPIRES:October6,2023 BingedThruNotaryPublicUnderwrit LO CIT Agenda Item #9.B. 23 Oct 2023 Page 148 of 158 —9/W .2,./_n’}l‘-?ilé‘M /c BLOCK#1 LOT#I 1_ TOTALACREAGE .1 ZONINGCODE FLOODZONE FUTURE LAND USE MAP (FLUM)AMENDMENT FOR]_'r5RNAL opnc5u5goNLy City of Atlantic Beach FILE#3,6~,@:'\_ Community Development Department 800 Seminole Road Atlantic Beach,FL32233 5,‘;(P)904.247.5300 SMALLSCALEDEVELOPMEN T SITE INFORMATION ADDRESS CITY STATE ZIPCODE SUBDIVISION 5.;“ RE#I70 3 »p CURRENTFLUMDESIGNATION PROPOSEDFLUMDESIGNATION APPLIC NTINFORMATION PHONE# CELL#ADDRE g LJ 6337 "“ 415.4 So an 5 /<5?“H 4'16‘‘M5 anof"“’ card”3/[cold ’ 70‘{-37.2-M67 4/W azna"I/to!70‘!ft!07.1. 7.4%82/»ft 3.1133CITY'STATE ZIPCODE EMAIL 1]OWNER 1:]LEGALAUTHORIZEDAGENT REQUESTFORFUTURELANDUSEMAP (FLUM)AMENDMENT:Applicants are advised that approval of an amendment to the Future Land Use Map does not constitute approval for issuance of any pennit or Development Order.Use and development lands related to this land use map amendment,if approved,and any zoning change shall be subject to compliance with all applicable local Lan dDevelopmentRegulations,any State and Federal permitting requirements as well as Florida Building Code requirements for Category "C"construction. PROVIDEALLOF THE FOLLOWINGINFORMATION DESCRIPTIONOF PROPOSEDUSEANDPROPOSEDDEVELOPMENTACTIVITY(ALSOINCLUDEANTICIPATEDDEVELOPMENTANDANY PHASINGSCHEDULE). IDENTIFYALLPUBLICAND PRNATESERVICEPROVIDERSOF WATER,SEWER,ELECTRIC,SOLIDWASTE,ETC.PROVIDEESTIMATESO FWATER,SEWERANDSOLIDWASTEDEMAND. NUMBEROF WETLANDACRES IDENTIFYANYOTHERENVIRONMENTALLYSENSITIVELANDS,ANYLISTEDOR ENDANGEREDSPECIESOR HABITAT IDENTIFYANYOTHERENVIRONMENTALLYSENSITIVELANDS,ANYLISTEDOR ENDANGEREDSPECIESOR HAB|'|'ATS. 22 FUTURELANDUSEAMENDMENT-SMALL02.28. V NAM PARCELSIZ Agenda Item #9.B. 23 Oct 2023 Page 149 of 158 ""“".-3 ESTIMATEDIMPACTTOADOPTEDLEVELOF SERVICESTANDARDSAS ESTABLISHEDBYTHECAPITALIMPROVEMENTSELEMENTOFTH EFFECT;VECOMPREHENSIVEPLAN. 74)dl< .U1&l«MI\J—| 8. 9. 1 1 APPLICATIONPACKAGE CHECKLIST *Additionalinformationmay be required,depending upon circumstances unique to individualapplications .COVERPAGE:Identifyingthe project. TABLEOF CONTENTS:Include a list of all exhibits and attachments. STATEMENT:Statement addressing need and justification for requested amendment APPLICATION:Thisfomn completed in it's entirety. LISTOFADJACENT PROPERTY OWNERS AND ENVELOPES:A list of adjacent property owners within 300 feet of the property includingname,mailing address and their real estate number (located at the Property Appraiser's recent certi?ed tax rolls). Includea legal size envelope addressed to each property owner on the list (do not include a return address).Each envelope must contain proper postage.The order of the enve o u atch the order in which the names a a on i t. PROOFOF OWNERSHIP:Deed or certi?cate by lawyer or abstract or title company that veri?es record owner-as above..LETTEROF AUTHORIZATION:Ifthe applicant is not the owner provide a letter of authorization from the owner(s)for applicant to represent the owner(s)for all purposes related to this application. SURVEYAND LEGALDESCRIPTION:Current survey and legal description of property sought to be rezoned. LOCATIONMAP:General location map with property subject to application clearly identi?ed. 0.SITEPLAN:Site plan containing the following if applicable to the proposed project (account for all land included). Numberand types of dwelling units Type and square feet of commercial or industrialuses Any existing structures and proposed use Any open space,buffers and recreational areas Wetlands,streams,creeks,lakes or any other water bodies or Environmentally Sensitive Lands Most recent aerial photograph of site and surrounding lands Drainage and storm water facilities and other infrastructure,including ingress and egress,internal access and roadways 1.REQUIREDNUMBEROF COPIES:One (1)digital copy -additional paper copy is optional 12.APPLICATIONFEE:$250.00 I HEREBYCERTIFYTHATALLINFORMATIONPROVIDED IS CORRECT:Signature of Property Owneris)or AuthorizedAgent GNATURLOF APPLICA J PRINTOR TYPENAME DA DAT /5! Notary Signature My Commission expires TONIGINDLESPERG ERMYCOMM15S1ON#GG353178 22 FUTURELANDUSEAMENDMENT-SMALL02.28.2023 Identi?cationveri?ed : Oath Sworn:|_-_]Yes by State of SIGNATUREOF APPLICANT(2)PRINTOR TYPENAM E Signed and sworn before me on this day of County of Agenda Item #9.B. 23 Oct 2023 Page 150 of 158 Prepared By:I Record 8.Return To: Attorneys Title Services,LLC 12428 San Jose Blvd,Suite 1 Jacksonville,FL 32223 File No.:FL-210581 SPECIAL WARRANTYDEED THIS SPECIAL WARRANTY DEED,is made this 21“gdayofJuly,2021,by 41 WEST 2ND ST LLC,a Florida limited liability company and APC JAX,LLC,a Florida limited liability company,and CLC JAX,LLC,a Florida limited liability company,whose post office address is:36 W 6th Street,Atlantic Beach,FL 32233 (collectively the "Grantors“),to Oceanside Collision LLC whose post of?ce address is: 41 W 2ND ST,Atlantic Beach,FL 32233 (Grantee). WITNESSETH: That the Grantors,for and in consideration of the sum of Ten Dollars ($10.00)and other good and valuable consideration,the receipt and suf?ciency of which are hereby acknowledged,does hereby grant, bargain,sell,alien,remise,release,convey and con?nn unto the Grantee all that certain land lying and being in Duval County,Florida,and more particularlydescribed herein below (the "Property"): Parcel 1: Lots 4 and 5,and the East 1i2 of Lot 6,Block 26,Section "H"Atlantic Beach,a subdivision according to the plat thereof recorded at Plat Book 18,Page 34,in the Public Records of Duval county,Florida. Parcel 2: The West 112 of Lot 6 and all of Lot 7,Block 26,Section "H"Atlantic Beach,a subdivision according to the plat thereof recorded at Plat Book 18,Page 34,inlthe Public Records of Duvai County,Florida. Parcel 3: Lots 1 and 2,Block 81,Section "H"Atlantic Beach,a subdivision according to the plat thereof recorded at Plat Book 18,Page 34,in the Public Records of Duvai County,Florida. Parcel identification No.:170732-0000,170834—D000and 170733-0000 TOGETHER WITH all the easements,tenements,hereditaments,and appurtenances thereunto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever Doc #2021196990,OR BK 19841 Page 562,Number Pages:3, Recorded 08/02/2021 10:15 AM,JODY PHILLIPS CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $27.00 DEED DOC ST $7700.00 Agenda Item #9.B. 23 Oct 2023 Page 151 of 158 ANDthe Grantors hereby covenants with Grantee that,except as noted above,at the time of delivery of this Special Warranty Deed said Property was free from all encumbrances made by Grantors and that Grantors shall and will WARRANTAND DEFENDthe same against the lawful claims and demands of all persons claiming by,through or under Grantors but against none others. IN WITNESS WHEREOF,the Grantors have caused this Special Warranty Deed to be executed by its duly authorized of?cer on the day and year first above written. Signed sealed,and delivered in the presence of: 41 WEST 2ND ST LLC,a Florida limited liability company Print Name?,,31.z,.g5-3_,‘/,_,,,L1 BY: P’am M:‘5.‘3w ~°'Atillio P.Cerquei M leg;,3if A / BY: Catherine L.Cerqueira Manager APC JAX,LLC,a Florida limitedliability company Cfhafg‘/f I./:9‘aw/4 /’/BY; Print ame:“"~~l—-1 .€'5..»k..r AtillioP.Cerqu ra Manager / _ ..-:.»'""?/7f::’%?;“"’“"'"'"“”""”"'CLC JAX,LLC.a Florida limited -:“PrintName:(419 fig»;ax/'-Ir of liability company .r-.._,3 _{7,_,[.,_,BY: 'LC-*6/3-L"’m""— 'Catherine L.Cerqueira ‘; Manager \/ Pri rint Name: OR BK 19841 PAGE 563 Agenda Item #9.B. 23 Oct 2023 Page 152 of 158 STATE OF FLORIDA COUNTYOF DUVAL The foregoing special warranty deed was acknowledged before me by means of/>_<_:physical presence or oniine notarization this Q'3l“3'day of July,2021,by AtillioP.Cerqueira,as Manager of 41 WEST 2ND ST LLC,a Florida limited liability company,and as Manager of APC JAX,LLC.a Florid alimitedliabilitycompany,who produced a valid Floridadrivers‘license as identi?cation. £«r1f:‘_fl_«@(,OCHARLESR.WOOD otary Public * '' *Commission#GG970899c% wExpiresMarch11,2024 to,‘L04 Bonded‘Elm:Bmlgatuolarysorvloes -.r'/‘.0 5-L/ t-‘r?cg "T/:i,.a,2o29 /I n Kfoj‘V \//'J"C / "‘v-.."*5L} STATE OF FLORiDA COUNTYOF DUVAL The foregoing special warranty deed was acknowledged before me by means of X physical presence or online notarization this 2.:2"3'dayof July,2021,by Catherine L.Cerqueira.as Manager of 41 WEST 2ND ST LLC.a Florida limited liability company,and as Manager of CLC JAX,LLC,a Florida limitedliabilitycompany,who produced a valid Florida drivers‘license as identi?cation. NotaryPublic Notary Printed or Typed Name My Commission Expires: CHARLESR.WOOD Gommisslnn?GG970899 ExpiresMatch11.2024 Blrrld-adminBudqnl??tlrysarvltez N .Otary Printed or Typed Name My CommissionExpirés: xf-7’ ,«_. OR BK 19841 PAGE 564 Agenda Item #9.B. 23 Oct 2023 Page 153 of 158 I: \ \\\\M\\\\\\\ Dn.'Is2or~.-or-'CORPORATION Detail by Entity Name Florida Limited Liability Company OCEANSIDE COLLISION,LLC ?m9 Document Number L14000O64727 FEIIEINNumber 46-5435805 Date Filed 04/21/2014 Effective Date 04/21/2014 State FL Status ACTIVE Ed?? 41 W.2ND ST ATLANTICBEACH,FL 32233 MaiJin9.Ads!r_e2s 41 W 2ND ST ATLANTIC BEACH,FL 32233 ROCKS,HAROLD J 41 W 2ND ST ATLANTICBEACH,FL 32233 smm Name 8:Address Title MANAGERMEMBER ROOKS,HAROLD J 41 W.2ND ST ATLANTICBEACH,FL 32233 Annualjienem Report Year Filed Date 2021 01/05/2021 2022 01/05/2022 2023 01/03/2023 https:/Isearch.sunbiz.orgl|nquirylcorpnrationsearchISearchResultDetail?inquirytype=EntityName8-directionType=lnitia|1/2 9§ m I .Qi2?§i9n9f_Q9.weA?_c>_r.-st I m I §§aIszb.bsLEnmy.Nam.rzI ,/9:37 AM Detail by Entity Name Agenda Item #9.B. 23 Oct 2023 Page 154 of 158 .........E.._.,._,_.._.;_.=._._,_._.L_................gNN..AL 3...Q5,9 9 El ?DIl\A I IIlITl=l'\I IARII ITV PGIIDAMVA DOCUMENT#L14000064727 Entity Name:OCEANSIDE COLLISION,LLC Current Principal Place of Business: 41 W.2ND ST ATLANTICBEACH.FL 32233 Current Mailing Address: 41 W 2ND ST ATLANTICBEACH,FL 32233 FEI Number:465435805 Name and Address of current Registered Agent: ROOKS.HAROLD J 41 W 2ND ST ATLANTICBB\CH.FL 32233 US SIGNATURE: ElectronicSlgnature of Registered Agent Authorized Person(s)Detail : Title MANAGER MEMBER Name ROOKS,HAROLDJ Address 41 w.2ND s'r City-State-Zip:ATLAN'l1CBEACH FL 32233 FILED Jan 03,2023 Secretary of State 212965260206 Certi?cate of Status Deslred:No Ihelabyoer?ly??aubelmuma?anlrrdlcatadan?ztsrspartnvsupplamentalraponlstruaandaacuratearvdmatmyelectrurtfcsignaunashailhanm?losamelegala?bctaslfmadeundar oaih.-Ihauamamanmthgmomberormanagerortnenmftadllahl?lyazmpanyarthe racefwrnrlms?ua empawamdtoaxamsa Ihisrapodasrequbedby Chaptar605.Ficrida Suztutasm nd?mmynan1enppearsabwe.armana?adzmen!wi?1a?o0Ier?kaen1povvemd. SIGNATURE:HAROLD ROOKS OWNERI PRESIDENT 01/03/2023 Electronic Signature of Slgnlng Authorized Person(s)Detail Data The above named entity submits this statement for the purpose of changing its ragistanad o?ice ornagistered agent.orbath,in the State of Florida Date Agenda Item #9.B. 23 Oct 2023 Page 155 of 158 N L5‘W.$‘J _\“.\-Hay]_,__'"l..\_IQ 5 'a.s‘\a Agenda Item #9.B.23 Oct 2023Page 156 of 158 Agenda Item #9.B.23 Oct 2023Page 157 of 158 —-n—-.—.-ua-.-.—-.-—.-.-11”-—a———Agenda Item #9.B.23 Oct 2023Page 158 of 158