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11-13-23 Final AgendaCity of Atlantic Beach Final Agenda Regular City Commission Meeting Monday, November 13, 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 of the City Commission held on September 13, 2023. 9-13-23 Special Called Commission Meeting Draft Minutes 5 - 9 *1.B.Approve minutes of the Regular Commission meeting held on September 25, 2023. 9-25-23 Regular City Commission Draft Minutes 11 - 19 2.COURTESY OF FLOOR TO VISITORS 2.A.Fletcher Interact Club Proclamation Fletcher Interact Club Proclamation 21 2.B.Wreaths Across America Proclamation Wreaths Across America Proclamation 23 PUBLIC COMMENT 3.CITY MANAGER REPORTS 3.A.Accept the 90-Day Calendar (Nov. 2023 - Jan. 2024) 90-Day Calendar (Nov. 2023 - Jan. 2024) 25 - 28 4.REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5.UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6.CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING Page 1 of 178 Regular City Commission - 13 Nov 2023 DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 6.A.Accept the water and sewer infrastructure at Calypso Mooring subdivision for ownership and maintenance by the City of Atlantic Beach. Water & Sewer Infrastructure at Calypso Mooring 29 - 64 6.B.Accept the City Attorney and City Clerk's FY 22-23 Annual Performance Reviews. Charter Officer FY 22-23 Performance Reviews 65 - 87 7.COMMITTEE REPORTS None. 8.ACTION ON RESOLUTIONS 8.A.RESOLUTION NO. 23-49 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING A 4% SALARY INCREASE FOR THE CITY CLERK, RETROACTIVE TO 10/1/2023 AND MAKING THE SALARY ADJUSTMENT AUTOMATIC EACH YEAR. Resolution No. 23-49 89 - 90 8.B.RESOLUTION NO. 23-50 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF SECURITY UPGRADES TO THE WASTEWATER TREATMENT PLANT ENTRY DOORS AND CARD READERS ON THE WWTP AND PUBLIC WORKS SECURITY GATES; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND ORDERS IN ACCORDANCE WITH AND AS TO PURCHASE NECESSARY EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 23-50 91 - 104 8.C.RESOLUTION NO. 23-51 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING AND ACCEPTING THE TEMPORARY CONSTRUCTION EASEMENT AGREEMENT FROM REGENCY TEMPORARY NON-EXCLUSIVE FOR CENTERS CORPORATION EASEMENT FOR CONSTRUCTION AND RELATED PURPOSES, SUBJECT TO THE RESPECTIVE TERMS IN THE EASEMENT AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 23-51 105 - 112 9.ACTION ON ORDINANCES 9.A.ORDINANCE NO. 31-23-16, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF THE FLORIDA, AMENDING THE FUTURE LAND USE MAP OF 2030 113 - 142 Page 2 of 178 Regular City Commission - 13 Nov 2023 COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL MEDIUM DENSITY (RM) TO FOR PROVIDING CONFLICT; (CM); PROVIDING COMMERCIAL FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 31-23-16 9.B.ORDINANCE NO. 90-23-251, Public Hearing and Final 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); REQUIRING AND FACT; RECORDATION; FINDINGS PROVIDING OF PROVIDING AN EFFECTIVE DATE. Ordinance No. 90-23-251 143 - 172 *9.C.ORDINANCE NO. 20-23-170, Introduction and First Reading OF CITY THE BUDGET FOR THE AMENDING ORDINANCE AN OPERATING ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023, AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 20-23-170 173 - 178 10.MISCELLANEOUS BUSINESS 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. Page 3 of 178 Regular City Commission - 13 Nov 2023 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, no later than 5:00 PM on the Thursday prior to the meeting. Page 4 of 178 Special Called Meeting of the City Commission September 13, 2023 MINUTES Special Called Meeting of the City Commission Wednesday, September 13, 2023 - 6:30 PM Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE TO THE FLAG 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:Curtis Ford, Mayor Bruce Bole, Commissioner - Seat 2 (District 1308) Michael Waters, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present:Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Brittany Percell, Finance Director (FD) 1.PUBLIC HEARINGS A.Adoption of a Tentative Millage Rate Mayor Ford explained the following: The first item to be considered is adoption of a Tentative Millage Rate of 2.9785; the Millage Rate currently is 3.1035; the Tentative Millage Rate on which we’ve been working with our budget is 2.9785; and, for consideration, there is still the Rollback Rate of 2.8410. DCM Hogencamp gave an overview of the budget process. Mayor Ford explained the opportunities for public input and then opened the floor to public comments. Brinkley Harrell urged the Commission to consider the Rollback Rate. Gene Nordan spoke in favor of lowering the Millage Rate. Page 1 of 5 Agenda Item #1.A. 13 Nov 2023 Page 5 of 178 Special Called Meeting of the City Commission September 13, 2023 Bill Davis spoke in favor of lowering the Millage Rate. Annie McCarthy spoke in favor of lowering the Millage Rate. Jorge Garciaspoke in favor of using the Rollback Rate. Joni Hooton spoke in opposition of an increased Millage Rate. Mitch Reeves spoke in favor of using the Rollback Rate. Bill Gulliford spoke in favor of using the Rollback Rate and suggested using money from reserves. Hani Babikir spoke about inflation and increased taxes and the effect they have on his family. Mayor Ford read an email from Jennifer Lagner to the Commission (which is attached hereto and made part of this Official Record as Attachment A). Mayor Ford closed public comments. Mayor Ford addressed some of the concerns raised during public comment and asked for the Commission's support for a reduction of the Millage Rate. DCM Kevin Hogencamp acknowledged Finance Director Brittany Percell, Police Lieutenant Ed Peck, and City Engineer Steve Swann and thanked resident Brinkley Harrell for his input and help with quality control, which has been invaluable over the last week. DCM Hogencamp explained the updates made to the budget, which changes the information in the staff report. DCM Hogencamp noted that the City's total proposed budget is $59,499,115. The budget is 4.9% higher than the current year. The proposed General Fund budget is $18,696,633. Projected revenues and expenditures are 2.5% higher than the current year. These numbers reflect a reduction in millage of one eighth of a mil. The amount would decrease by $352K if the Commission decides to roll back the Millage Rate. He used an example for explaining property taxes and the portion the City would receive. He reported that the total assessed property in Atlantic Beach increased 9.8% over the past year and acknowledged the opportunity for considering the Rollback Rate. Commissioner Waters addressed the idea of using excess from reserves and spoke in favor of going to the Rollback Rate. Commissioner Ring spoke in favor of going to the Rollback Rate. Commissioner Bole spoke in favor of going to the Rollback Rate. Page 2 of 5 Agenda Item #1.A. 13 Nov 2023 Page 6 of 178 Special Called Meeting of the City Commission September 13, 2023 Commissioner Kelly spoke in favor of going to the Rollback Rate and noted the challenges with waiting until now. Mayor Ford provided reasons why the City is financially sound and spoke about the excess reserves. DCM Hogencamp gave examples of projects that will affect the mid-year budget, noted the implications of reducing revenue, and provided options for funding. Discussion ensued about funding options. City Attorney Jason Gabriel clarified the need to take two separate votes - first on millage rate and second on the budget. There was discussion about a funding request from Lenny Jevic for the Beaches Veterans Memorial Park. DCM Hogencamp was asked to bring it back for consideration on the next agenda. Attachment A to 9-13-23 Minutes MOTION: To move to the Rollback Rate (of 2.8410). Motion: Bruce Bole Second: Jessica Ring Curtis Ford For Bruce Bole (Moved By)For Michael Waters For Candace Kelly For Jessica Ring (Seconded By)For Motion passed 5 to 0. B.First Reading on Adoption of Ordinance No. 20-23-168, establishing the Operating Budget for Fiscal Year 2023/2024. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024. Mayor Ford read the Ordinance by title and confirmed the updated budget amount as $59,146.295. Mayor Ford opened the public hearing and asked for public comments. Brinkley Harrell provided comments about the budget and funding various projects. Page 3 of 5 Agenda Item #1.A. 13 Nov 2023 Page 7 of 178 Special Called Meeting of the City Commission September 13, 2023 Jevic,Lenny Committee, Memorial Veterans Beaches the Park behalf on of acknowledged fallen veterans and explained the funding request to help pay for a monument. Discussion ensued about the request and Lenny Jevic answered questions. There was discussion about providing $25,000 towards the monument by using the 16th Street Walkover money as the source; having those funds allocated to the millage reduction as a result of the Rollback and to the $25,000 request for the monument; and allocating any delta to reserves. No formal action was taken on this option. MOTION: Approve the tentative budget of $59,146,295, which is the Rollback Rate budget. Motion: Jessica Ring Second: Candace Kelly Commissioner Bole expressed support for funding the 16th Street Walkover and the monument. CA Gabriel suggested having staff bring back other funding source options to consider at the next meeting. Curtis Ford For Bruce Bole For Michael Waters For Candace Kelly (Seconded By)For Jessica Ring (Moved By)For Motion passed 5 to 0. 2.ADJOURNMENT The meeting adjourned at 7:48 p.m. Attest: Donna L. Bartle, City Clerk Curtis Ford, Mayor Date Approved: ______________________ Page 4 of 5 Agenda Item #1.A. 13 Nov 2023 Page 8 of 178 Attachment A to 9-13-23 Minutes Page 5 of 5 Agenda Item #1.A. 13 Nov 2023 Page 9 of 178 Page 10 of 178 Regular City Commission September 25, 2023 MINUTES Regular City Commission Meeting Monday, September 25, 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 6:31 PM. CC Bartle called the roll. ATTENDANCE: Present:Curtis Ford, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 (District 1308) Michael Waters, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present:Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) Kevin Hogencamp, Deputy City Manager (DCM) Ronald Bautista, Information Technology Director (ITD) Victor Gualillo, Police Chief (PC) 1 APPROVAL OF MINUTES 1A.Approve minutes of the Special Called meeting held on May 15, 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. 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 CC Bartle called each speaker to the podium. Ellen Glasser expressed opinions regarding the Millage Rate, budget, and referenced an email (which is attached hereto and made part of this Official Record as Attachment A). Page 1 of 9 Agenda Item #1.B. 13 Nov 2023 Page 11 of 178 Regular City Commission September 25, 2023 Jim Wheatley spoke about the budget and police concerns. Lenny Jevic made suggestions on programs and resources the City could offer. Brinkley Harrell expressed opinions on the budget and thanked the Commission and staff for their work. 9-25-23 Attachment A 3.CITY MANAGER REPORTS 3.A.Accept the 90-Day Calendar (Oct. - Dec. 2023) DCM Hogencamp requested acceptance of the 90-Day calendar as provided. There was a CONSENSUS to approve the 90-Day Calendar. Additional Updates DCM Hogencamp provided the following updates: Informed the Commission that he would like to schedule a Special Meeting on October 2, 2023 regarding the Blue Collar Union's request for a pay increase for the union employees. He will be back in touch with the Commission regarding the scheduling of this meeting. Reopening the Parks Master Plan and will discuss this at the October 14, 2023 Town Hall. October 24, 2024 at 1 p.m. and 6 p.m. there will be public input meetings held regarding the Parks Master plan. October 26, 2023 at 6 p.m. at First Baptist Church there will be a public input meeting. Beaches Train Club will be unveiling a new exhibit at Adele Grage Cultural Center on October 6, 2023. 4.REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole Beaches Town Center Agency fundraiser called the Parade of Homes will be held on November 5, 2023. Had a discussion with City Engineer Steve Swann regarding the 16th Street overpass. He expressed that they are close to putting yellow tape across this as a safety item. Commissioner Waters Mentioned that he received an email from Mr. Jevic and expressed that he would like to do something with the home next to Veteran's Memorial Park. Reported on the last STOP Committee meeting and expressed support for staff. Mayor Ford Recommended that a discussion about the building next to the Veteran's Memorial Park be placed on the next agenda. Announced that the STOP Committee chair will be stepping down as chair, but will continue as a member. There was a CONSENSUS to allow the Committee to nominate Page 2 of 9 Agenda Item #1.B. 13 Nov 2023 Page 12 of 178 Regular City Commission September 25, 2023 their own chair. The resolution will be amended and brought back to the next Commission meeting. 5.UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6.CONSENT AGENDA None. 7.COMMITTEE REPORTS None. 8.ACTION ON RESOLUTIONS 8.A.RESOLUTION NO. 23-40 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, USER FLORIDA, AUTHORIZING THE PURCHASE OF 150 365 (GOVERNMENT GCC OFFICE MICROSOFT OF LICENSES COMMUNITY CLOUD) FROM SHI INTERNATIONAL CORP. AT A PRICE OF $38,982 WITH FUNDS ALLOCATED IN THE FISCAL YEAR 2022-23 BUDGET (ACCOUNT NO. 001 1011 516 65 02); AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE THE EFFECTUATE NECESSARY TO AND WITH AS PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. DCM Hogencamp explained the resolution. ITD Bautista answered questions from the Commission. MOTION: Adopt Resolution No. 23-40 as stated. Motion: Michael Waters Second: Bruce Bole Curtis Ford For Bruce Bole (Seconded By)For Michael Waters (Moved By)For Candace Kelly For Jessica Ring For Motion passed 5 to 0. 8.B.RESOLUTION NO. 23-43 A RESOLUTION OF CITY OF ATLANTIC BEACH, FLORIDA, THE APPROVING RENEWAL OF ALL LIABILITY INSURANCES AND Page 3 of 9 Agenda Item #1.B. 13 Nov 2023 Page 13 of 178 Regular City Commission September 25, 2023 WORKERS’ COMPENSATION INSURANCE WITH PREFERRED GOVERNMENTAL INSURANCE TRUST FOR FISCAL YEAR 2023-24; 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. DCM the from answered and questions the explained resolution Hogencamp Commission. There was discussion about charging a fee for general liability insurance. Mayor Ford recommended bringing the idea back for discussion with the new CM. MOTION: Approve Resolution No. 23-43. Motion: Jessica Ring Second: Candace Kelly Curtis Ford For Bruce Bole For Michael Waters For Candace Kelly (Seconded By)For Jessica Ring (Moved By)For Motion passed 5 to 0. 8.C.RESOLUTION NO. 23-44 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING THE 2024-2033 10-YEAR CAPITAL IMPROVEMENT PLANS (EXHIBIT A) FOR THE PUBLIC WORKS DEPARTMENT AND THE PUBLIC UTILITIES DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. Link to Exhibit A Mayor Ford read the title of the resolution. DCM Hogencamp explained the resolution. MOTION: Approve Resolution (No.) 23-44. Motion: Bruce Bole Second: Candace Kelly Mayor Ford acknowledged the potential need for further discussion of this item in the future. Curtis Ford For Page 4 of 9 Agenda Item #1.B. 13 Nov 2023 Page 14 of 178 Regular City Commission September 25, 2023 Bruce Bole (Moved By)For Michael Waters For Candace Kelly (Seconded By)For Jessica Ring For Motion passed 5 to 0. 8.D.RESOLUTION NO. 23-41, Public Hearing on Adoption of Resolution No. 23-41 for the Millage Rate A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED RATE; AN PROVIDING AND ROLLED-BACK THE EXCEEDS EFFECTIVE DATE. Mayor Ford read the title of the resolution. DCM and answered questions from the Hogencamp explained the resolution Commission. Mayor Ford opened the public hearing and stated the following: The Tentative Millage Rate is 2.8410 The Roll-Back Rate is also 2.8410 The Tentative Millage Rate is 0% more than the Roll-Back Rate and is not an increase in property taxes per Sec. 200.065 (2)(c) Florida Statutes. The purpose for adopting the millage rate of 2.8410 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at anticipated and proposed cost and to continue to maintain the City's infrastructure. Mayor Ford opened the floor to Public Comments. Brinkley Harrell expressed opinions on insurance liability and spoke in support of the Millage Rate. Albert Kerber encouraged the adoption of the Rollback Millage Rate. Commissioner Bole commented about the interlocal agreement. MOTION: Approve Resolution No. 23-41. Motion: Michael Waters Second: Jessica Ring Curtis Ford For Page 5 of 9 Agenda Item #1.B. 13 Nov 2023 Page 15 of 178 Regular City Commission September 25, 2023 Bruce Bole For Michael Waters (Moved By)For Candace Kelly For Jessica Ring (Seconded By)For Motion passed 5 to 0. The public hearing was closed. 9.ACTION ON ORDINANCES 9.A.ORDINANCE NO. 20-23-168, Public Hearing and Final Reading on adoption of Ordinance No. 20-23-168, establishing the Operating Budget for Fiscal Year 2023/2024 AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024. Link to FY 2023-24 Proposed Budget Mayor Ford read the title of the ordinance. Mayor Ford opened the public hearing.There were no public speakers. Commissioner Bole inquired about employee raises. DCM Hogencamp confirmed that the budget includes a four percent increase. MOTION: Approve Ordinance No. 20-23-168 establishing the Operating Budget for Fiscal Year 2023/2024 of $59,146,295. Motion: Jessica Ring Second: Bruce Bole Commissioner Ring inquired about the Almost Homey land. DCM Hogencamp clarified that voting for the budget will have no impact on this particular land and that it is not in the budget. Curtis Ford For Bruce Bole (Seconded By)For Michael Waters For Candace Kelly For Jessica Ring (Moved By)For Motion passed 5 to 0. The public hearing was closed. Page 6 of 9 Agenda Item #1.B. 13 Nov 2023 Page 16 of 178 Regular City Commission September 25, 2023 9.B.ORDINANCE NO. 20-23-169, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022, AND ENDING SEPTEMBER 30, 2023, FOR APPROPRIATING FUNDS ASSOCIATED WITH THE JUSTICE ASSISTANCE GRANT OF BEACH ATLANTIC A CITY (JAGC) COUNTYWIDE FOR COMMUNITY SECURITY PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ford read the title of the ordinance. DCM Hogencamp explained the ordinance. PC Gualillo answered questions from the Commission. The public hearing was opened. There were no speakers and the public hearing was closed. MOTION: Adopt Ordinance No. 20-23-169 as read. Motion: Candace Kelly Second: Michael Waters Curtis Ford For Bruce Bole For Michael Waters (Seconded By)For Candace Kelly (Moved By)For Jessica Ring For Motion passed 5 to 0. 10.MISCELLANEOUS BUSINESS None. 11.CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12.CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Waters Expressed that he is looking forward to the new CM. Commissioner Ring Agreed with Commissioner Waters and thanked DCM Hogencamp. Commissioner Bole Echoed Commissioner Ring's sentiments and noted that the City saved money by having DCM Hogencamp as interim. Commissioner Kelly Page 7 of 9 Agenda Item #1.B. 13 Nov 2023 Page 17 of 178 Regular City Commission September 25, 2023 Spoke about purchasing the Almost Homey Property (next to Beaches Veterans Memorial Park). Mayor Ford Expressed that he too is looking forward to the new CM and thanked DCM Hogencamp for a job well done. Spoke about his experience with the HMS Prince of Wales over the weekend. 13.ADJOURNMENT The meeting adjourned at 7:52 p.m. Attest: Donna L. Bartle, City Clerk Curtis Ford, Mayor Date Approved:________________ Page 8 of 9 Agenda Item #1.B. 13 Nov 2023 Page 18 of 178 Attachment A to 9-25-23 Minutes Page 9 of 9 Agenda Item #1.B. 13 Nov 2023 Page 19 of 178 Page 20 of 178 In Appreciation and Recognition of the Dedicated Service of the Duncan U.Fletcher High School Interact Club WHEREAS,Rotary Interact clubs bring together young people ages 12-18 to develop leadership skills while discovering the power of Service Above Self;and WHEREAS,the Duncan U.Fletcher High School Interact Club members —known as Interactors —routinely assist the City of Atlantic Beach Cultural Arts and Recreation Department with special events,giving most generously of their time,talents and energy;and WHEREAS,youth Volunteers serving in an integral role in local government is a way for local governments to engage youth in the democratic process;and WHEREAS,Fletcher Interactors participate in dozens of other community service activities through the Beaches community,as well,including but not limited to assisting with Beaches Town Center festivals and Dreams Come True events;supporting Mission House and Beaches Emergency Assistance Ministry;and working with local elementary school students; and WHEREAS,youth volunteers serving their generation with excellence will in turn result in their generation leading with excellence. NOW,THEREFORE,BE IT PROCLAIMED that 1,Curtis Ford,Mayor of the City of Atlantic Beach,on behalf of the City Commission and the citizens of Atlantic Beach,express enormous gratitude and appreciation to the Duncan U.Fletcher High School Interact Club members and sponsors for their dedication and service to the community. IN WITNESS WHEREOF,I have set my hand and caused the Of?cial Seal of the City of Atlantic Beach to be affixed this 13thday of November,2023. Curtis Ford,Mayor Agenda Item #2.A. 13 Nov 2023 Page 21 of 178 Page 22 of 178 ..'ll|'|.”I'x‘—|‘_,_.a.. _l J.J1 H an .n...,.-_. .1 .-4-.r—--—7--I .-L I :Jl'?n In‘‘I’in n-':"U ":1 Ir ..4.-._'. I .-um.-.r.'“.1-. '='Inl|1'l.l'| \F :nlnnwl “r H H w -'I'l|''.HTr'l H I '. 5-_..-g _..r,..-........n..n.‘I W mm H.v m :um H u ..‘:\h H |"‘-'W'|_|'|‘JT'n'1 -'v x‘_II.l _-4]:vu_:J .l_.:"' _I-II ?rutlamatiunof the Qtitp of Qtlantir i?eatlj in Recognition of Wreaths Across America Day WHEREAS,the Jean Ribault Chapter of the Daughters of the American Revolution is partnering with Wreaths Across America to bring the annual wreath-laying ceremony to the veterans in Beaches Memorial Park in Atlantic Beach on December 16,2023;and WHEREAS,for the third consecutive year,the City of Atlantic Beach is honored to support this solemn occasion;and WHEREAS,the Wreaths Across America organization was formed in 2007 as an extension of the Arlington Wreath Project of 1992,where wreaths were laid at the graves of fallen soldiers at Arlington National Cemetery.On December 13,2008,the U.S.Congress unanimously voted and declared “Wreaths Across America Day”be celebrated annually;and WHEREAS,the mission of the Wreaths Across America organization is to REMEMBER the fallen, HONOR those who serve and their families,and TEACH the next generation about the Value of freedom;and WHEREAS,Atlantic Beach is among 3,100 “Wreaths Across America”locations throughout the United States,including Arlington,Va.,and Normandy,France.All ceremonies coincide with the laying of a ceremonial wreath at noon Saturday,December 16,2023,at the Tomb of the Unknown Soldier at Arlington National Cemetery. NOW,THEREFORE,1,Curtis Ford,Mayor of the City of Atlantic Beach,do hereby proclaim Saturday,December 16,2023,as “Wreaths Across America Day”and encourage all citizens to join me in bestowing this appreciation. IN WITNESS WHEREOF,I have set my hand and caused the Of?cial Seal of the City of Atlantic Beach to be af?xed this 13”‘day of November, 2023 Curtis Ford,Mayor Agenda Item #2.B. 13 Nov 2023 Page 23 of 178 Page 24 of 178 AGENDA ITEM:90-Day Calendar for the Mayor and Commission SUBMITTED BY:Yvonne Calverley,Executive Assistant to the City Manager CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT TODAY’S DATE:November 1,2023 MEETING DATE:November 13,2023 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: 1)A Community Open House for updates to the Parks Master Plan will be held at 6 pm on Monday,Nov.6 at First Baptist Church. 2)A Town Hall meeting is tentatively scheduled for 10 a.m.on Saturday,Jan.20 in the Chamber. 3)A Priority-Setting meeting is tentatively scheduled for Monday,Jan.29 in the Chamber. 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) CITY MANAGER: Agenda Item #3.A. 13 Nov 2023 Page 25 of 178 11 x. 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QZ<mo><2 ..w<nE:.§..m5-9555dmm2:.Sdm:ZnH?.,_V/.£..dmn.£.%/...Q Z02 V49 75 w 6330 -9320 8950 So sate £0 Emaoo???oonsw zoaw?mum wanb:_n_mESm:m mm cao 858800.55 NN .Be?ov an0 motomHoxmomm d3Qo§HEO.?>Qm— FN anmvxn 32£035.50 _S:u:Eob>:m oN pao08:589.» _S:oS:o:>:m anm _um $2oo???oonsm cud.mM om ano m.Eo2>.950 3 8%o @582oom< N? :a c on.EEEoL Begum .5330 wH AmE.m-oo>:C maomb mc:oo2 qoimw??oo S E;omum 858800 Bwrzom uunnuowaUuxom v En w o toocou B?tkwsom :a NI Eu 9 EVEE Eoscmm C an N--Sn 3 Bvtmv/._.muoqcmm 2 an N Ed 2 6x32 m$E.an Agenda Item #3.A.13 Nov 2023 Page 27 of 178 n 4) ‘ Rm>.:S§&C3823Ex9@582:3;5.5% wmom585:2 zoamuzzooDZ<mo><2 ><55e<m><n:mE><omm:E.><amm_znm>>><ammSe ><QZOE >323 @320 moo_.EO 5_U .9330 m8_.?O Emo9:52,. ooé??oossw >o:u:_m3_ umbEn_mEE.:.m mmmm paw $582 328500mO,Hm 23 Ha Hm ano 3:22:50 .sm_>u.~_5:39 «N _.:Lm?v3:82 oo?a?oonsw £28520omm 5 SawwcuouzOmm eaEa oo???oonsm wad.omm S E;0 32 Emzm EoEm2o>oQ 5858800 :5 o 95.5:oom< €>.:E:mrQ @5002 mitombiota om mm ~2om-oo>:C an omuo 92 aoim???oo mm 2 ::om-oo>:© ma one 92 :o_mmF:EoU m m Gram zommsm. E2 N I 95 E QDMHSKmgo?um W mm 35 :33: ca NI Em o_ uov?mwé m$E._mn_ Hm.V15 zomwsmv Em NI Eu 3 HQVESZm?cbmm 3 Gran zummsyt ca NI 4%._..... #613 A mpoctmm N .\.. r\ Agenda Item #3.A.13 Nov 2023 Page 28 of 178 DATE:November 1,2023 AGENDA ITEM:Acceptance of Water and Sewer Infrastructure at Calypso Mooring for City Ownership and Maintenance SUBMITTED BY:Troy Stephens,Public Utilities Director CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT MEETING DATE:November 13,2023 BACKGROUND:Construction on the water and sewer infrastructure for XL Properties & Custom Development,LLC,Calypso Mooring,located in the City of Jacksonville,has recently been completed. The contractor has completed construction in accordance with approved plans and has submitted all necessary documentation.City staff completed a ?nal inspection,and the Department of Environmental Protection has cleared the water and sewer systems for service. BUDGET:No immediate impact to operating budget.The included schedule of values will be added to the city’s assets. RECOMMENDATION:Accept the water and sewer infrastructure at Calypso Mooring subdivision for ownership and maintenance by the City of Atlantic Beach. ATTACHMENT:1.Calypso Mooring Final Acceptance Pa a e REVIEWED BY CITY MANAGER: Agenda Item #6.A. 13 Nov 2023 Page 29 of 178 City of Atlantic Beach INFRASTRUCTUREACCEPTANCECHECKLIST PROJECT:I0 /LgL00l2"“)(iS ENG|NEER:.HE lliifib rW:'3_!'<uibE1'5&5 PHONE:«-“fé4‘/G‘€345 ElVIAil:K‘t~"i},&*-1h""’4*r -"'cIv,(‘£"C°M D§VE|_opER;C‘:u£lL‘li7S0/"v."t.‘-(7-(A3515:LDC‘;pHoNE:?()‘7(_?;L7é"z'3E“M“.gil.(LC.11'5'4U£’»i2‘l.(J}5’l::¢'l {",'("g;"g; (/"}',Co€1’CONTRACTOR:XL I'lai7€«‘2i7i&..i'.5C*~‘3'?7vV~lDW'?*’<'1=HoNE:"a‘/70'37?E|inAIL:>('£«I‘J‘° f'*m"“35"""-*C'*""' ACCEPTANCECHECKLISTAND ATTA NTS 2.FDEPClearance Letter on Water Sewer and ReclaimMains M’1.En ineefs Final Certification W 3.Co ies of R uired Tests -Pressure tests,bactis,sewer televising,locate wire testing,compaction reports,etc. 4.SJRWMDCerti?cation of Com letion of Construction 5.Pum Station "Start-U ” -A copy of pump station start—up report with the name of Pump (ex: Myers),control panel (ex:Unitron)and pump site address. "6.Record of Final Ins ection -Final inspection record should indicate attendees and deficiencies noted.Include Engineer/Inspector’sCertificationthat all punch—listitems have been satisfied. /7.Owner's Affidavit -The original affidavit should be completed by the owner or developer.The affidavit should address the City of Atlantic Beach. 8.A roved As-BuiltDrawin Letter —Approval letter received for infrastructure improvements and landscaping to be accepted by maintenance prior to issuance of final acceptance letter. 9.Schedule of Values —Scheduie of values for infrastructure to be accepted by the City. 10.Billof Sale for water and or sewer im rovements -Thisis required whereby all materialsand appurtenances in the sys'l:em(s)legally become the property of the City of Atlantic Beach. ‘§">C/11.Deed of Dedicationand or Easements or RecordedPlat -Recordedplat depicting easements,or the original executed Grant of Easement or Deed of Dedication document signed and sealed,and opinion of title letter declaring the ownership of the lands being dedicated. -‘i 12.Maintenance Bond -1-year term (Sec.24-233) 13.S stem Develo ment Char es -Documentation that SDC'shave been paid in full Please submit all applicable documents for final infrastructure acceptance. 0:\Pub|ic Utiiities\Uti|ities\Projects\lnfrastructureAcceptance Docs Agenda Item #6.A. 13 Nov 2023 Page 30 of 178 IV“O_uL\_\_0nA \.A\,§;‘n9 lX1<>C_\1_3u As required by the City of Atlantic Beach,this is to inform you that based on upon site observation;the work appears to be completed and to the best of our knowledge substantially conforms to the City of Atlantic Beach Approved Plans for the above referenced project. 10!I013: ‘(M '0 ‘( Engineer is certifying the following system: Potable Water System B’ Reclaimed Water System C] Sewer System 12 'LiftStation 8/ other C] hgandga gsmggguriEnglneer'sName (mt) Engineer’:Signature <‘3h@'n¢Ca'g;1.;:ggm,g3)g|3g—7mq EmaiI_Ar!dres§,~_&_RhnngNumber S‘. S we Company I Address 0‘? City,State,Zip Code LLC . /0/2‘ ENG|NEER'S FINAL CERTIFICATIO Project Name: Date: .‘SL-‘- Agenda Item #6.A. 13 Nov 2023 Page 31 of 178 mm FLORIDADEPART E 1 or “°“%% $::L'3$ Jeanette Nu?e Lt.Governo Northeast District 8800 BaymeadowsWayWest,Suite 100 Jacksonville,Florida32256 Shawn Hamllto FaJoseph Emery,P.E. Environmental Quality Division,COJ c: Kent Bush,P.E.,kent@imecivil.com Troy Stephens,tstephens@coab.us DEP:Dung V0,P.E.,Stephen Spence October 26,2023 Mr.Mark Nugent,Manager Calypso Moorings,LLC 1148 B Fruit Cove Road St.Johns,Florida 32259 xlpropjax@aol.com Duval County —Wastewater Permitting Calypso Moorings Permit No.0011650-076-DWC,Issued on:October 19,2023 Log #4663 Address:966 Calypso Way (RE#169446-0170) Final Clearance Dear Mr.Nugent: This acknowledges receipt of form 62-604.300(3)(b),NotificationofCompletion ofConstruction for a Domestic Wastewater Collection/Transmission System,on October 24,2023 for the above referenced permit. Based on the submitted certi?cation,we are clearing this project for service.This is a Final clearance for this permit. If you have any questions concerning this letter,please contact me at (904)255-7164 or by email at jemery@coj.net.Your continued cooperation in our Wastewater program is appreciated. Sincerely, Secretary Agenda Item #6.A. 13 Nov 2023 Page 32 of 178 Bill Cirmo From:Kent Bush <kent@imecivi|.com> Sent:Tuesday,October 31,2023 2:23 PM To:BillCirmo Subject:Fwd:DEPPWClearance issued(0131776-061—DSCALYPSOMOORING) Attachments:noname;noname -———-Forwardedmessage ------— From:<no~renl4 de .state.?.us> Date:Tue,Oct 31,2023,2:21 PM Subject:DEP PW Clearance lssued (0131776—061-DS-CALYPSOMOORING) To:<kbush imeciv'al.com> Cc:<DEP NED de .state.?.us>,<Ste hen.S“e.n-:e floridaden.ov>,<;<_1gro9'ax@aoE.com>,<tste hens coab.us>, <eng@imecivi|.com> FLORIDADEPARTMENTor Ron Desantis Environmental Protection ‘5°Ve"‘°' PW Clearance ElectronicSubmissio n Potable Water TOTAL Clearance Shawn Hamilton Secretary Jeanette Nuiiez Bob Martinez Center 2600 Blair Stone Road L G Tallahassee,Florida 32399-2400 t‘°"e'”°' 10/31/2023 Dear Brian Bush, Clearance Type:TOTAL Construction Permit Number:0131776-O61- D5SupplierPWSID:2160200 Project Name:CALYPSOMOORING EPermittee:CALYPSOMOORINGS,LLC PWSSupplier:ATLANTICBEACHWATERSYSTE Agenda Item #6.A. 13 Nov 2023 Page 33 of 178 /9 PWS Owner:ATLANTICBEACHWATER SYSTEM -Deviations(when applicable):N/A %Thisletter acknowledges receipt of the clearance request form and supporting information,dated 10/31/2023.The submitted information demonstrates the system extension has been constructed in accordance with the FDEP .Permit Number above and related plans and materials and that satisfactory pressure and bacteriologicaltests were lconductedinaccordancewith the AWWA standards.Based on the certification and satisfactory bacteriological results,the Department is clearing the system for service. Brian,Kent,everything here looks good.I've received your revised permit application via email and it'sjust ?ne the way it is.Thank you for all your help.With all that,your COC application is completely approved with no conditions. Thank you all.Regards,Steve Enclosures: AllSupporting documentation provided by the applicant can be found here: -ihtt 5:rodenv.de .state.fl.us De Nexus ublic electronic-documents2160200 facilit lsearch This link will not be available immediatel .These documents will be availableno later than 3 da 5 from the date ‘of issuance of this letter. Attachments: Community PublicDrinking Water Systems if you have any questions or comments regarding this TOTALclearance,please contact Stephen Spence via e-mail at Stephen.Spence@F|oridaDEP.govfor further information. .Sincerely, :STATEOF FLORIDADEPARTMENTOF ENVIRONMENTALPROTECTION Customer Service Survey Agenda Item #6.A. 13 Nov 2023 Page 34 of 178 PWS,|.D.:_ City;*4*’T collector's Phone #2 __z__._ C\\‘L mm°°“’3\‘i\'\K:iu'3 I’: Q (‘Ll :75,)5 Q! v c 7'6: 3: 9: 63 all 0:71 002 00': DRINKINGWATER MICROBIALSAMPLE COLLECTION &LABORATORY REPORTING FORMAT El 6681 SoulhpoinlPkwy.-Jacksonville.FL 32216 ~904.353.9350 -Fax 904.353.9354 -E82574D4955SW41$!Blvd 'Galnesville.Fl 32608 -352.377.2349 v Fax 352 395.6639 -E82001 I 9 [um]mmlu|mm| ummm||[mm]3 El 9610_Princess Palm Ave.-Tampa.FL 33619 -813.630.9616 -Fax 313.530.4327 -E84589 **D 380 Norlhlalceam,sune1043 -Allamnnle Springs.FL a27o1-407.937.1594 -E63076 J 2 2 1 3 0 4 1U2639N.Monroe Sl.,Suite D.Tallahassee.FL 32301-850.219.6274-Far "81 S5 """'' LabReceiptDale&Time:‘I/")7/32 I357 ?dvanmlj Analysis Dates.Time:”l I 1:]I12:I EDI; Sample Acceptance Cr rla:Envimnmenlallallnratarias.Inc.samv'ePrese~a?°n=°,gggc,g~g°nweU isDisinfeclamCheck: This Sample does not meet Ihe followingNELACrequlremems: Report Number:Sub-Contract Lab ID: Analysis Requested:(check all that apply)I T Colfo Eco IIIotalCollform[EgaI I_'_I§nt3_rgr%i ?_<.‘._g_l_IgI3_aggIIl;lPU I]_9_tm-3;: In ’ '«‘ PWS Address:-__ Ty supply:(check only one) 0 un'Water em [I Mm-Tgnsientuommmmgnitywglgjj Smgem I I Iggnsignj Non-comg_1ugItywaterSmemUAM?El?tll?liatgt El Erna’1§.W_eL I Pool ELQEDQE Reason for Sampling:(check a hat apply) D a 'ne IE3 Igjgglion Rgpegg [2 Raw (mggered or ggamgnt)I IRaw(g;Iggeredorgggggentigddlllggal I:I_w_gI| __s_ugLeylanceelacealsocheckofsmeilacedII?g?wager?gtlce I IOthe[: Fax #: DCN#:AD-D045 ElfaclivaO1I95.ElectrarI'I: WBRevisicm11l19I2015 Sample I Sample Polnl Sample Sam Disin-pl-I Ana '5 Method 5#(Localion or Speci?c Address)Colleclion pla feclam Non-Total Fe .Data Laru-na(24 Type Residual Collform Callform Ente ._‘or Quali?er‘Samplehrclock)Cell 1:3 Sample Collection Date‘’‘4 - ;.(‘a,LtA-c(2.C'.ll6;.:..-53 Cacti ca’-'5'-4.3. Average of disinfectant residuals for distribution routine 8.repeatsamples.‘UFreechlorine or UTotalchlorine (check one). Disinfectant Residual Analysis Method:UDPDColorimetric Elomar. Petson performing disinfectant analysis is (Check one of below): U Acerti?ed operator (3 1 El Supervised by certi?ed operator (#___) D Employedby a certi?ed lab El Employedby DEF or DOH Elriufhorizedrepresentative of supplier of water [!1‘.1:‘l;RlNAMEl‘ND MAILING ADDRESS OF PERSON TO RECEIVE REPORT]Nome: E,{‘t'\C?:\\'- l.ndi.'2lethemaple typefoiuaehsample collected.Sump}:type codesare:D =Distnbutinn(mums:compiman),C -Repeat/?meck R -Raw,N =Entry Point to l3istri17utim1,P=PlantTsp,Sw Special(ciearmue,et::.). 2.Lab ctt??mieu number?n the listed method isinclndedat top with the laboratoryaddress.3.PleasecircleIppmpdate sele<:h'o:L 4.De?nedin FlaJ:i.dIAdnlii?stxativeCode Rule 62460,‘Tablel.5.Complete forcommunity&.non-lmnsientmn~oammuru'l-ysystem servingpopulations up tonndinciuding4,900.Do notincluderaw or plnnt simples inthe avenge.-R95“1i5K9>'IA=Coli?:m-5erenbsent;P-Colifarmxareprcsmt‘.C-=c<m.l]uentgmwt.h;TN'I‘C=too numerousto cmznl(62-550.730 Reporting Fonnat. Unless otherwise noted,all tests are preformed in accordance withNELACstandards.and the results relate only to the samples. Dale and time PWS noti?ed by lab of positive results: Date and time DEPIDOH noti?ed by lab at positive results: Data Report issued: Lab Signature: _— Title: El satisfactory DEF/DOH USE ONLYDIncompleteCollectioninformation U Repeat Samples Required U Replacement Samples Required Dale Reviewed by DEPIDOH: DEF/DOH ReviewingO?ioiel: Received By:a£({l’A/er»4r*'~'L« Date:‘ii/37 /-7}Time.’1 72§ (2.»‘c»S~a.n_a aL‘~10 1 Time Relinquush By: \\\\‘\\\\\\‘\K) PWS or PV_V{SOwner's Phone #:_| Collector:1" Public Watet System (PWS)Name: 950 Agenda Item #6.A. 13 Nov 2023 Page 35 of 178 ‘:’G‘qp5O WUDHOC35Uk‘~..-TLE\C\‘_.3f \0nU’€Q\1c.hc;urd (;\/\\r)\:3'f>C15-3-K“(SOC;"K92L9 Collection Date:F‘:.‘’ I <+cazA.‘Day ;;(1.!7.0 BF 9 rvnaale Dex 1;NH‘?6,}7.0 ab 32 em!bu {,1 H«5.J at M4 005’ Odin ?ui b co?ectoyof DRINKINGWATER IVHCROBIALSAMPLE COLLECTION &LABORATORY REPORTING FORMAT EI]5331 samhpoim Pkwy.-Jacksonville,FL32216 -904.393.9350 -Fax 904.363.9354 -E82574 :[J 4965 sw 41s1Blvd -Gainesvllle.Fl 32503 -352.377.2349 -Fax 352.395.6639 -E82001 :CI 10200 USAToday Way -Mlramar,FL 33025 -954.889.2288 -Fax 9543392231 -E82535 :El 9510 PrincessPalmAve.-Tampa,FL 33619 -813.630.9616 -Fax 813.830.4327 -E84585 3 Illllllllllllllllllll llllllllllllllllllllll lllllll D 380 N ?hlak Blvd.S '1 1048 'All I 8})',FL 32701‘407.937.1594 -E58076 *D 2639 IS.Monsoe-SL.53:;D.TalIahaasr::§.:'L 850.219.6274 °Flax850.219.6275-E811D95 """""*J 2 2 1 3 O 4 1 Lab Recelpl Dale 8.Time:q/3'7/J34 13 '5:7 ’ An 1 ‘D31 21.1‘:9)‘I l b t _U sa;3:l§Acc:ptar'I::eeC‘aria: ‘0SmlePrNation:nlce EINoIO1-aloeU_‘__'CaDzalnggectarisgheclcotDetectedEl Thls Sample does not meet lhe following NELACrequlrements: Report Number:Sub—ContractLab ID: Analysls Requested:(check all that apply) a|C0 f 00”DSQIRDEQEEL._.HPC 0 9|”- '‘ PWs,l.D.:_ PWS Address:__ PWS or PWS Owner's Phone #;__ a Ty f supply:(check only one) IEoommunjlx Wager System El.gag-Iggnsjenj ugn-community Water Syglem 1r$m L’ited Use S te [I EEgjyate ?gll I I §wimm[_r]g Ecol Z _____ Reason for sampling:(check allthat apply) CI D.lst1:|by.l1oj1.Rouline 1stribu’tlonReneat Raw tri d o ssment aw tri e ed 0 a ment add 0 a Elwgll Survey [?§§u;mcheg1me of sa1_-nglebelug reglacegl I EBellmags;?glce Egg: Dcmt AD-D045 Effectivem/es.Electmnlc was Revision11/1912015 Sample Polnl Sample Sam Disin-Anal-ls Method 5#(Location or Speci?c Address)Collecllon ple fectam Non-Tolal Fecal .,Data 'l'lme(24 Ty‘pe Residual Collform Collfonn Ente!tor clualmer‘Sample hr clock)()Col h e # up Hca.u~z<:EI~..~...75 H C«Q«€LQ"2 t I Cell “A ‘#04 751°:O5‘-{.1 Average of disinfectant residuals for distribution routine 8.repeatsamples.‘?Frae chlorine or DTolaIchlorine (check one). Disinfectant Residual Analysis Method:DDPDColorimetric E]Other:______ Person perfonning disinfectant analysis is (Check one of below): U A oerliliedoperator (3 ) El Supervised by cenl?ed operator (#_____) El Employed by a certi?ed lab El Employed by newor DOH Urxulhorlzedrepresentative of supplier of water ZlicshxiNAME ANIZ‘MATLINGADDRES-“OF PERSON TO RECEIVE REPORT] i\i0.me,'. E,{‘{\£‘2C\\'- o - lnriiute the sample type forced:sample collected.Sample type codes are:D-D1'all.'ibu?on (roman:eomplimcc),C -R=peat.’Check.R=Row.N =EntryPojnI to Distr?zmtion,P -Finn!Tap.S =Special (clearance.em). Lab certi?cationnumberfor tile listed methodis includedat top with nmlaboratory sddrsss.Pleasecircleappmpr-Eat:selection. De?nedinF]oridaA?ntini.stm1ivoCode Rule 62460,Table 1. Complete for oomrmznitySr.non-transientnon-community systems servingpopuiartionsup toIndi?tllidius4.9011Du not includeraw or plant samples in the average. ResultsKey:A =Coiifvxmsare absent,P r-'Colifomlsart present;C =con?uent grow?1',TNTC-too mnnemusto co1mt(62-550.730Reporl:'ngFmmat. Unless otherwise noted,all tests are preformed In accordance wit hNELACstandards,and the results relate only to the samples. Dale and lime PWS noti?ed by lab of positive results: Data and lime DEPIDOHnoti?ed by lab of positive results: Date Report Issued: Lab signature: Title: D Satisfactory U incomplete Collection Information El Repeat Samples Required D Replacement Samples Required Date Reviewed by DEPIDOH: DEPIDOH Reviewing Official: Received By:agb-4/xx.4‘/—-L Date:°H}'li3:»Time: DEP/DOH USE ONL Y i’s§7 Qéokw rL-‘ 'i":'3/Time: Relinquish By. Samp Public Water System (PWS)Name:_,, Collectors Phone #:_;;__collector:‘:9 I Fax #1 CW5 Agenda Item #6.A. 13 Nov 2023 Page 36 of 178 Meskel &Associates Engineering,PLLC 3728 Philips Highway,Suite 208,Jacksonville,FL 32207 FL.Registry No.28142 Phone:904-519-6990,Fax:904-519-6992 Client: Address: Project Name: Sample Location: Description: ACS Utilities,LLC Report Date: 3907 Edgewood Drive,Jacksonville,FL 32254 Test Date: Calypso Moorings Molded Date: stockpile Sample Date: Limerock Project Number: MDR Number: REPORT ON LIMEROCK BEARING RATIO (FM 5-515) 9/2/2022 9/2/2022 8/31/ 20228/30/ 20220247-0029 1 ouumm:_._mwm_v_oo._oE_._ 10 15 Moisture Content (%) SUMMARY OF TEST RESULTS Max.Dry Density,pcf:121.4 Optimum Moisture,%:10.9 LBR Value:122 Fines Content,%:NA Organic Content,%:NA Es Em_§>._.5 an 110 5.0 10.0 Moisture Content (%) D.Gordinier,P.E. Senior Project Engineer Licensed,Florida No.78788 15.0 115 Note:This test report shall not be reproduced in full without permission. Masks!S.Associates Engineering 125 120 130 10 100 1000 Agenda Item #6.A. 13 Nov 2023 Page 37 of 178 :_ _: /A City of AtlanticBeach I]Water Main Water Pressure Test Format IJ Force Main%Wet Tap Date 5 4 ZIAddress[/79 <13 Test Pressure /(9 Starting Duration of Test Hours (2 Hour Minimum) Leakage Test Z0 Minutes (Wet Tap) Loss for Metal Seated Valves -0.0079 x A//'9 AllowableWater Loss L =S x D (@ 150 psi)L =AllowableLeakage ,/10875.73 5 =Lengthof Pipe in Feet6XQffD=Normal Diameter in Inches Pipe Sizes Inches inches Inches Total Lengths Feet Feet Feet AllowableCalculations: Total AllowedLoss per Hour (Gallons) Total Allowedfor Metal Seated Valves (Gallons) Total AllowedLoss for the Test = TESTND.DATE ALLOWABLELOSS ACTUALLOSS PASS IN GALLON5 IN GALLONS é) FAILU RE Remarks I-|:\Water PressureTest Format-DRAFT. DATINSPECTODATCONTRACT Agenda Item #6.A. 13 Nov 2023 Page 38 of 178 Date 2&3 City of Atlantic Beach |Z Water Main Water Pressure Test Format [1 Force Main D Wet Tap Address 39 Test Pressure / Duration of Test 5 Hours (2 Hour Minimum) Leakage Test Minutes (Wet Tap) Lossfor Metal Seated Valves -0.0079 x (3/J AllowableWater Loss L=S x D (@ 150 psi)L=AllowableLeakage 10875.73 5 =Length of Plpe ln Feet D =Normal Diameter in Inches Pipe Sizes Inches L/Inches Z Inches Total Lengths 4.347)Feet /Feet Feet AllowableCalculations: Total Allowed Loss per Hour (Gallons)6‘Z3$/‘q =w Z5 Total Allowedfor Metal Seated Valves (Gallons)4/’? Total Allowed Loss for the Test -“/5 =7 TESTNO.DATE ALLOWABLELOSS ACTUALLOSS PASS IN GALLON5 IN GALLONS ze?2/“/7 FAILU RE Remarks \S 3_.;3._3( DATE H:\waterPressure Test Format -DRAFr. CONTRACT INSPECT (0 Starting Agenda Item #6.A. 13 Nov 2023 Page 39 of 178 Z1374mg. City of Atlantic Beach [:1 Water Main Water Pressure Test Format [3 Force Main D Wet Tap Address Test Pressure Duration of Test Hours (2 Hour Minimum) Leakage Test Minutes (Wet Tap) Loss for Metal Seated Valves -0.0079 x AllowableWater Loss L=S x D (@ 150 psi)L=AllowableLeakage 10875.73 5 =Length of Pipe in Feet D =NormalDiameter in Inches Inches Inches Feet Feet .0140’O!S’ .07 Pipe Sizes Inches Total Lengths Feet AllowableCalculations: Total AllowedLoss per Hour (Gallons) Total Allowedfor Metal Seated Valves (Gallons) TotalAllowed Loss for the Test TESTN0.DATE ALLOWABLELOSS ACTUALLOSS PASS FAILU REINGALLONSINGALIDNS Remarks H:\WaterPressureTest Format -DRAFI'. DATINSPECTDATCONTRACT Starting Date Agenda Item #6.A. 13 Nov 2023 Page 40 of 178 City of Atlantic Beach |:_|Water Mai nWaterPressureTestFormatForceMain D Wet Tap (six:-93¢ ?D‘5‘7?g C7 soAddress Test Pressure Starting Duration of Test Hours (2 Hour Minimum) Leakage Test Minutes (Wet Tap) Loss for Metal Seated Valves -0.0079 x AllowableWater Loss L =S x D (@ 150 psi)L =AllowableLeakage 10875.73 5 =Length of Pipe in Feet D =Normal Diameter in lnches Pspe Sizes Inches Inches Inches Total Lengths __Feet Feet Feet AllowableCalculations: //72) Total AllowedLoss per Hour (Gallons)I 5950 ( =/“KO Total Allowedfor Metal Seated Valves (Gallons)= Total Allowed Loss for the Test -/3&0 (um) =I /5 TESTN0.DATE ALLOWABLELOSS ACTUALLOSS PASS IN GALLONS IN GALLONS (’)2.7’4»at ./5190 FAILU RE Remarks INSP CTO H:\WaterPressureTest Format -DRAFT. DAT Date Agenda Item #6.A. 13 Nov 2023 Page 41 of 178 :57.St.JohnsRiver m Water Management District AnnB.Snortelle,Pn.l‘.l.,ExecutiveDirector 4049 ReidStreet -P.O.Box1429-Palatka,FL32178-1429~386-329-4500 On the lnternetat www.sjrwmd.com. April17,2020 Mark R Nugent Calypso Moorings,LLC 1148 Suite B St.Johns,FL 32259 SUBJECT:159072-1 Calypso Moorings Dear SirIMadam: Enclosed is your individualpermit issued by the St.Johns River Water Management Districton April 17,2020.This permit is a legal document and should be kept with your other important documents.Permit issuance does not relieve you from the responsibility of obtaining any necessary permits from any federal,state,or local agencies for your project. Technical Staff Re ort: It you wish to review a copy of the TechnicalStaff Report (TSR)that provides the District's staff analysis of your permit application,you may view the TSR by going to the Permitting section of the District's website at www,sjrwmd.com/permitting.Using the “search applications and permits" feature,you can use your permit number or project name to find information about the permit. When you see the results of your search,click on the permit number and then on the TSR folder. Noticin Your Permit: For noticing instructions,please refer to the noticing materials in this package regarding closing the point of entry for someoneto challenge the issuance of your permit.Please note that if a timely petition for administrativehearing is tiled,your permit will become non-?nal and any activities that you choose to undertake pursuant to your permitwillbe at your own risk.Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action. Com liance with Permit conditions: To submit your required permit compliance information,go to the Districts website at www.sjn.vmd.comlpermitting.Under the “Applyfor a permit or submit compliance data"section. clickto sign-in to your existing account or to create a new account.Select the “Compliance submittal“tab,enter your permit number,and select "No Speci?c Date"for the Compliance Due Date Range.You willthen be able to view all the compliance submittalrequirements for your project.Select the compliance item that you are ready to submit and then attach the appropriate information or form.The forms to comply with your permit conditions are available at www.sjrwmd.com/permittingunder the section “Handbooks,forms,fees.final orders”.Click on forms to view all permit compliance forms.then scroll to the ERP application forms section and GOVERNING BOARD DouglasBumeti,CHAIRMAN RonHowse,TREASURER DouglasC.Boumique suucusrms cocoa vsaoBEACH DanielDavis Susan Dulan JACKSONVILLE smroao Agenda Item #6.A. 13 Nov 2023 Page 42 of 178 select the applicable compliance forms.Alternatively,if you have dif?culty ?nding forms or need copies of the appropriate forms,please contact the Bureau of Regulatory Support at (386)329- 4570. Transferrin Your Permit: Your permit requires you to notify the Districtwithin 30 days of any change in ownership or control of the project or activity covered by the permit,or within 30 days of any change in ownership or control of the real property on which the permitted project or activity is located or occurs.You will need to provide the District with the informationspeci?ed in rule 62-330.340, Florida AdministrativeCode (l=.A.C.).Generally,this willrequire you to complete and submit Form 62-330.34Cl(1),"Request to Transfer Permit,"available at htt ://www.s’nivmd.com/ermittin I ermitforms.html. Please note that a permittee is liable for compliance with the permit before the permit is transferred.The District.therefore,recommends that you request a permit transfer in advance in accordance with the applicable rules.You are encouraged to contact Districtstaff for assistance with this process. Thank you and please let us know if you have additionalquestions.For general questions contact e-permit@sjnrvmd.comor (386)329-4570. Sincerely, ?w 7€.‘e2a/ Michelle Reiber,Bureau Chief Division of Regulatory Services St.Johns River Water Management District 525 Community College Parkway,S.E. Palm Bay,FL 32909 (321)409-2129 Enclosures:Permit Notice of Rights Listof Newspapers for Publication cc:DistrictPermit File Byron Peacock Peacock Consulting Group.LLC 12058 San Jose Blvd Suite 604 Jacksonville,FL 32223 Chris Favre North Florida Engineering 9432 Baymeadows Road Suite 280 Jacksonville,FL 32216-8980 Agenda Item #6.A. 13 Nov 2023 Page 43 of 178 ST.JOHNS RIVERWATER MANAGEMENTDISTRICT Post Office Box 1429 Palatka,Florida 32173-1429 PERMIT NO:159072-1 DATE ISSUED:April 17,2020 PROJECT NAME:Calypso Moorings A PERMITAUTHORIZING: Construction and operation of a Stormwater Management System for a 4.36-acre project known as Calypso Moorings as per the plans received by the Districton March30,2020,and Plan Sheet 6 received on April 10.2020. LOCATION: Section(s):8 Township(s):25 Range(s):29E DuvalCounty ISSUED T0: Calypso Moorings,LLC 1148 Suite B St.Johns.FL 32259 The permittee agrees to hold and save the St.Johns River Water Management District and its successors harmless from any and all damages,claims.or liabilitieswhich may arise from permit issuance.Said application.including all plans and speci?cations attached thereto,is by reference made a part hereof. This permit does not convey to the permittee any property rights nor any rights or privileges other than those specified herein,nor relieve the permittee from complying with any law.regulation or requirement affecting the rights of other bodies or agencies.Allstructures and works installedby permittee hereunder shall remain the property of the permittee. This permit may be revoked.modi?ed or transferred at any time pursuant to the appropriate provisions of Chapter 373,Florida Statutes. PERMIT IS CONDITIONEDUPON: See conditions on attached“ExhibitA”,dated April 17,2020 AUTHORIZEDBY:St.Johns River Water Management District Divisionof Regulatory Services By: Christine Wentzel Supervising Regulatory Scientist R9°e.iVi"'._9lN._"_‘te'C.§°“.L‘.._.____..,__._.________._,,_;_ fwame __________;:C|_ass _._.._____.a_?_.__ %sh_e.Ein<.=.rs..eE"""_"‘;_“T _.,'_.I.'ZN-..__._.____- Agenda Item #6.A. 13 Nov 2023 Page 44 of 178 TEEHNULIJEIE5 DATE:November 21,2022 JOB NAME:Ca|vPso Moormg ORIGINALDATE OF SHIPMENT:CONTRACTOR:AC5 U“““e5 ENGINEER:NM“F'°"da E“3‘”ee”“ 8 OVVNER:QTEADDRESS AHeyRoad,Du?on|§andRoad PUMP BRAND:KEEN MOTOR MODEL#KG3‘23°3 SERIAL#:_On File HP:3 RPM:3450 IMPELLERSIZE:RATEDVOLTAGE:230 FLA:18 TYPEOF FLUIDBEINGPUMPED:DUTY POINT 80 GPM@ 25 100 20 3520 Investment Ln,Riviera Beach,FL 33404 /(305)998-1371 FIELD DATA Is THIS A NEW STATION:YES NO 3 IS THE WET WELLCLEANAND FREEOF DEBRIS:YES NO C] DEVICESUTILIZED-WINDING THERMALS:YEs[:]NOE]MOISTURE SENSOR:vEsC]NoC]BEARINGTHERMAL:YESCJN ODVOLTAGE(LINESIDE equipment not running)A—B:242 A—C:243 B—C:242 PSI —TECHREPRESENTATIVE Print:G‘”VBarre“ Sign:Emma MEG OHM READING(TO GROUND):L1 L2 L3 MEG OHM READING(TO GROUND): AMP$(equipmentrunning):A:15 B:14 C:1515AMP$(equipmentrunning):A:B:14 C:15 HOUR METER HOUR METER ROTATION CORRECT:YESE]NOE]DESCRIBEMETHODOF DETERMININGROTATION:Fie'd Checked PRESSUREGAUGES -SUCTIONSIDE:YESC]NO READING:DISCHARGESIDE:YESDNO READING: LEVELCONTROLDEVICE:FLOATS E]TRANSDUCER[j BUBBLERC]IS DEVICEFUNCTIONINGAND LEVELSSET:YESC]No D PUMP OVERLOADMFR AND NO:5q”3'e D‘LRD22 ARE OVERLOADSSET PROPERLY:YES [3 NO C] WAS PUMP CURVEAND O&M PROVIDED FOR START UP:YES C]NO C] COMMENT5;Pump #1 Pump #2 4'Diameter Start:81.5 92" Stop:92"102.5 Difference:10.5"=82.2 Gpm 10"=g2_2 Gpm THISEQUIPMENTHAS BEENSATISFACTORILYINSPECTED,STARTED,AND ACCEPTED(this document Couldbe required for warranty claim) CONTRACTOR END USER (OWNER)ENGINEER Print:AC5 Utilities Print:Print:N0|'tn Honda Engineering Sign:Tim Sign:Sign: PUMP#2 L1 L2 L3 PUMP#1 Start U Re ort JOB NUMBER:P0283 TD Agenda Item #6.A. 13 Nov 2023 Page 45 of 178 October 2023 Unit Price Ext.Price Work Order #8490177314 Customer Since:2023 System Location Schedule Now For Service Call 904-695-1911 Calypso Moorings Homeowners Assoc.Inc 1148 Fruit Cove Road ST Johns,FL 32259 904-502-7693 Service Date: Service Type: Approx.Gals.: Depth Below: Cust Home: Township: County: Energy Charge |nspect—C—ServiceCall-LiftStation (Eval 1st hour) inspect-C-Fee-Inspection Fee System Normal El Excessive Solids |:|Heavy Sludge E]Tee MissingIBroken High Liquid Level Distribution Box Issue Missing Filter Other System Owner LS -Calypso Moorings 955 Calypso Way Atlantic Beach,FL 32233 BillCirmo :904-502-7693 Oct 10/03/2023 09:45 AM Frequency: Not Applicable Previous Service: 0 System Treatment: 0 Custom Clean: NO Filter Inspection/T 5: Duval Build Up: Qty 1.00 1.00 1.00 Keep your system healthy by following these 3 steps: -Regular Service -Use WRE Septic System Treatment -Use _aFilter Use WRE Septic System Treatment Use WRE Septic System Treatment RepairIReplace Tee Possible system failure.Call for evaluation or customer cleaning. See notes below for details. Use a filter. See notes below for details. To schedule repairs,customer cleaning,or system evaulation,call 904-695-1911 Technician:Patrick Julien Tech Notes: Arrived at:10:40 AM Left at:11:43 AM Opened lids,con?rmed pump cords and cables are in good condition,logged both elapsed time (14.7 , 14.3)recorded voltage (240,120)con?rmed electrical connections are tight,megaohm tested both pumps (20 ,20)manually ran both pumps and recorded amp draw #1(14.5 ,14.2 ,14.4)#2(15.0 ,12.7 ,14.2)confirmed all ?oats are tight and properly set.cycled the alarm,con?rmed all ?oats are clean and free of grease,exercised isolation valves,secured each lid.Tech Recommendation:No Recommendation -None Remit payment to P.O.Box 22074 New York,NY 10087-2074 Daily $290000 $950000 $200.0000 Subtotal: Tax: Total: Schedule Now for Service Call 904-695-1911 Payment Detail: Invoice Net 30 X Customer Signature $29.00 $95.00 $200.00 $324.00 $0.00 $324.00 W'|1\'l’)RIVF.R A W-lwnmw “WM md River Envinmmental Company DEED October 2023 Customer not on site Description Customer Service Report Agenda Item #6.A. 13 Nov 2023 Page 46 of 178 1 2 mauozvs Dual Lo WIND RIVER ;liI\-'VlR()NlVlE"\l'l'AL Wind River Environmental ~Metro-Rooter Service Division 8892 Normandy Blvd Jacksonville,FL 32221 Customer:urns LDC dlbla: 6’ ele hone:-93 Effecti '2 Date:9/22/2023 The undersigned ("CUSTOMER")agrees to servicesfrom WRE describedbcl CUSTOME.R’slocationssci fonh below &/or attached (each,a "Location"and CONDITIONS (INCLUDING THOSE ON THE SECOND PAGE OF THIS AGREEMENT): '-?illcirmo 'p_§iS[]0l‘£l'cal’(V.COm ow and purchase liom WRE its entirepresent and ?xturerequirements of services at ,collectively.the “‘Locatior:|s"),SUBJECTTO THE FOLLOWINGTERMS AND Equipment and Product:All equipmentdescribedin the table below (includingnecessary piping,lines,?ttings,etc.as dclcrmirlcdby WRE)and other oquipmentfsvcs suppliedby WRE to PURCHASER (collectively,“Svcs/Equipment“)shallbe pcrfm-modat WRE‘s than applicable rates. Addres Service Fre uen SAME Lift Station Setup (Sign,Ix Service Locks/Stickers/Log Booklsvstem analvsis Lift Station Maintenance Monthly Required (JEPB)Pump &Pressure Wash Every 6 Months 1‘month Wet Well Required (JEPB)Remove Pumps Clean &Every 6 Mnnths I‘month Ins ct CUSTOMER: Print Namc: 'I Print Titlc:M?zz Q[L __4:_- AuthorizedSignature:_4-‘.‘ - ' A.SERVICES who agrees Io prfhrm all svc:III Sull?dirl l.l1l?—‘:9B€i" this Agtzcrucnl.Comprdirnsii-‘I:Gum-:1 ily in :2 withnpplimhlc laws,envirnnrncnlalrcgu .sr ,wo.ooormuuh nccurrarne.combined siuglc limil for bodily and nmpuky nanrl Unit Cost Fluctuutln Fnd Fee Environmental Fee (1)$200.00 $29.00 NA (1)S9530 $29.00 NA (1)5475.00 175%NA (1)$450.00 $29.00 NA SERVICE PROVIDER:WINDRNERENVIRONMENTAL Pr-intNamc:Robert Giordano Prim Title:CommercialSa1esR reseniativc AuthorizedSigrranrrc:I?U56r‘l:’aw/um Total $229.00 5119.00 $558.13 $479.0“ lam:-ns,&gu.-‘ta.cornmarialstandards.WREnyaastnobuin and lnainlainII our soleupensc forth:rum of Ll?mnge.G§w«£rw?rkIELhBl?l?]?p1?I(yuo:u'a;agd1i?lilIC\?II'Ii10l€CUV?X uL)Iq)onwhidrww1<isIah¢pu1b:merln':byIJrr.Cii§crnur.orIl'L1naiIl’u'iv:li:n|lbrrh:workhubeendmirrcd?anm:?gluf?pvq)a1ynwvm'.11mCu§una§ul|bcI:vur§H¢ Fmeunpun.En5WREbvatlynndallclimgs.nolilacvadagzirslWREbyxwmkdmm?lu?miga?dwmmhm??mmrnpnuuqmwmaw?kmhanahnnirlwmigtmzgc mas forWRE‘:curployou and v:l'Iicl¢;<Ind ages to keep «cars:clear and rmilablc far mnvcrlrml Ind panting oftruck.-rand oqnipmm during in-vi pnnchn'io;;dq-:I.v5rrgnruryoifra'darmgcnimydr'iu:w:y,pi5n,rudIupa\':d,Iricl! nLmI1d,an:d:trqinlmnfau:VIhichmnyrL§1hframtrudsnndazutiflna?bnzilqgmodwwoasdicjobsie.B.AGREE .’~lE.N'l‘‘I ERM Customer agrvr-.xthat WREis.the exclusiveproviderfor this wrrstcfor-anugmc-mcnt nfOnc (1)yearbegiimirrgon urW'REv:anc<rnoelItanytirnc,but mo.-.1.nutil"yIheolherpany inwriting nrcertilicdrnail,himit musthemxilerhul Agreemcntnlanytime withorwithoutrzuse.WRI-ihastherightto lerniinac:thisayeerrran,in wholeor inpart.forC the nruurcrmdscopcofumrk This Agreemcnr may not be assigned by (hummer without that prior wrincn consent ofwll location.at tho option of SELLBI,shtll be a Locarion subject In all of the terms and condition:uflhis Agrccrncnt.PU dart:ofrmy such tclocauom C.PAYME.‘«'T-NET 36 DAYS BILLING (KG) Customerurns to pay WRE Iliaumuunls listednbove onthis agmemcnrfur grrnse rntp wusl:rvmuvll and./orlinejctring nnwhiclrIhcuistmna-rqxcsursns rhzirmm Cuslornnragrccs In pvoride Imus to work cerim:WREawmarmli:bi.ury<rru1oorrsil:ili|icsRrrnryancHrtg.l:aLig the dateon which Cusromcrr-xecurcsthis Agreement.Alia lhr:one yeurlns expired,Customer :8sl30Lhyspriork)i.hc naxm-.huitLlods:rvice.WRE rwervesthnr-igrllnlerrrrinarnthis rmornefsfxilwempaypasrinvoicesina timelynmmerorifcondiiiomohangewhichalter: F.lfrhn opcnrionsat any Locationare conductedera new location.suchncw RCHASER shall give notice In SELLER at least one (1)month prior to the services.Payrnrnrismhernmvudnponnomplerionofadrsvcli.sn:d:havamngre:muIfetgr¢1s:nwwasr2 rurrm-almrllmlincjcttingnu lncvcntsconnofwnrlzdwrrgas.Wk?willbepairl forall ilunrmmnhwrnrlutliavcbuai uomplaurl.Anyuilhionnl wukp=rfu1Ivad'rn:p:sledbyCustomu-willhebilledorrntirrrz?mziuialbasis Scrvirzdurgcolf LS‘/Jmo willbctddai noIccmuillhi?ydnylalier invoiwdain Cu?rxlrais rcgonsibk foul!ooslstlsocialulwiI.lI?u‘.nollcclien nonlirniledlo,Imrncyf Fwsarldwunwtts.T215,UIMT liens nil!Clwrgrs.Pcrmilt.and Comylimez:cusmmeurnrrpay all lppliuhlc um.rug assawucnu maDcnlllimme will obtain pamits And lioarrscs in any otdinnm:c<xppliabli:Ihcrcta.Cusloruer dull pny WRE an Envi-numcnnlFee in rmmmrinn rvhh WRE’:compliancewim fotimal,star:and luul muuials nolrnuwkdgcs?nl EuvirnnmcmalFix is maincd by WRE and not paid In any govcrrurtmul agmcy or anlhurit;-.Cwiomcr shall pry WRE any Ipplkibll.‘dclivcry ulurgrz, uicrgylfurlitlruhargcfor Ilclivcryof Prudiicl[perCusmrnr:Lucalionlin -cconhnc:with WRE‘:lhcn current energysumhargz).and other clurgcs or surcharges naplicalalcto W'l1E,'s customers gm-rally in effect ?um lime ro rimc. Racnrrllg Crndit cud hynenr Aurlm-Intinn,upon sigunmrleyou aulhnriw.chlrgcs Io your ''''' fur ouchpayrnuii mil lb:drug:will appear on your credit card aaranurr.You Age:rim no prionuot notify Wind Riv:-rEnvin)nnn:ru.1l.LLC in inririragofany changvs in my nccounl inlhrwnniorror Izrminalimroflhis amhorivalinnII holiday,1nnncrsmnnlhol Ilu:payments my hccxcnnca on the uni business lazy.I acin-umreuge vim the originationaromas:Card the authorizeduser ofrlris Credit Carriand will notdispuu:rbcseschedulednnnsactinns:so long IS the znnsurions emu-cspnndIn thr:Imus indicatedin Iliiszunhorimiontbrm. Authorized Signature: C.INVOICES Wl:hIp|:\.wL\latr?L \V'REwillmidaninnnnnii1mxiocintl'Inm\nurlLsirldi<:and$ovcunrlri:Agwnu.-nzln?n chxsntnrceeivadmfullmaormxiwnhazlbyrilctixlillzqm Ii:mu.WREn=y:ra:anlnI:chm-genxwclcoed 1.5% ?allrnuingriglls l).WREmIyzamiw?:?ndirml(dimepIyrnmlofdlnlnnisrh=uulaDisAgmIhmuwruz dizerttulinzspllisinrtrsrartaululinrihrrugcslrnxrnlby\vlI[i:xr;nr=r:liul‘<.\r.mrrir=’:l:«aI-$.Al1 ‘ Ovunp rem(rm-,-mg:AdjIIiln1:I\l")rJTnc1.i\-1:li?om (rs)days -nu notifyingP1.‘-ncr-1Asr-.12ofsurh Price AdjuslInzn|(nntiI'rcal.iAnmaybe in PURCHASFR3receinlnfa Pricc Adiinlmurlivloii?ca?urgrauncrr/«sr=.n pravidcs wru=.-ms.a any of:hon:lid:wriru.-unlfer froma rqtuublc mnnacmnmurwith umuvius being provided um will cmnnly with all laws,reguhlions and regulations Jpplicnblc to WR.E's apemimu.and m'»-arm;Ctmomcr rcglllailllr)‘ndminislmximzrm surchnrgr:s('nrcl|u'l'n1g an nIru:’:hillingaH:§pnwrrpdyad\laxu:'viBnr\:tzimpkt:i.wzu=,nnyn-..«i.u |'irI|[uynLrI'n1rd \'uno:ItiIsdisa'diorI.EfWREpermnruluurtlri.-ovcrxkxarnmnllf(Jmnm:mlsto;nymybiUwnlrinLhn1y|‘30)dzysufnx- driedntc, WREwilIh:vcriu: mnynnvudmoumelsaviuorl]WR£rruytmnhnrzmisAgemruui:wlidxuxOrxstw\srunsimmsparuhh?rnnpns WI“benppliuri?mw oldm hols-wees:-Ara-udisrg,WRE mny.ll 11!)‘Lime.the Monlhly Fed.The Pro?un Rule nnlllar Ih: the form nfmi invoice.)lf.l»row:v:r,within ?ilmr (15)days following SELLERcompetitor offrxing F.quipmcmand Sun:in like qulntily.likequality, under ?rniiur conditions,and It um:prices Ihnn moanmnmnplnlzd by usePricv Ar1jrLumnrI(a"Cunpcn'l.ivoonh-'3,ruru.1-ms)-:51 may terminal:IhixAgmemm with mpau in am:Location:nrtmea by tho Prite Adjustment, nnlcst,within tifloen(IS)days a?nr Willa":rwcip!ofxhc CorrrnclilivcOlfcr,WRE (:1 WRE‘:mic diswuion)either (I)meets the pricu rcfleazlniin the Conrpuirivc 0?'erm‘(h)rciI1s|:ru:s the MonthlyFccs,l‘rodu:rRu:andfor Agenda Item #6.A. 13 Nov 2023 Page 47 of 178 CITYOF ATLANTICBEACH UTILITIESDEPARTMENT 902 ASSISILANE JACKSONVILLE,FLORIDA32233 TELEPHONE:(904)247-5886 www.coab.us RE:Calypso Mooring Project Utilities Inspection Clearance This letter is to confirm that the City of Atlantic Beach Public Utilities infrastructure inspection checklist has been completed satisfactorily. Should you have additional questions,feel free to call Troy Stephens,Utilities Director,at (904)247-5875,or email Troy at Mr.Cirmo: Troy Stephens Public Utilities Director cwalker coab.usCC:Chris Walker,Distribution/CollectionsOperations Director Emanuel Brown,Inspector/Cross Connection Control Supervisor ebrown@coab.us tste hens coab.us ‘FrogStephens Sincerely, October 17,2023 BillCirmo Agenda Item #6.A. 13 Nov 2023 Page 48 of 178 JESSICASMITH Commission#HH43333 1ExpiresOctober7.2027NotaryPublic,sea,‘ State of EM?»3Ag County of UN‘CK The foregoing instrument was acknowledged before me this 5 [Ehday of g¢3.Ql;,~gc ,20;"?by ’c\\qr\L who is personally known to me and he did not take an oath. \ \Queggg g C;5~.-$3‘'V\ “""‘l":>:;T9‘?'“ OWNERS AFFIDAVIT OF CONSTRUCTION COMPLETION .,C’/iii/IoAw/lr~&$‘Lcc,the,ega,°wne,°f ft/if%-.=;z17?P/1622/$3 1’3a#4¢(‘wry/‘Z . known as -{*7 located in Florida.certifvthat the work under the above named project including all appurtenances thereto,has been satisfactorily completed;that all charges or bills for labor or services performed or materials furnished,and other charges against the subcontractors,have been paid in full and in accordance with the terms of the contract;that no liens have attached against the property and improvements of owner;that no notice of intention to claim liens is outstanding,that no suits are pending by reason on the project under the contract;that all Workefs Compensation claims have been settled and no public liability claims are pending. Af?davit is made for the purpose of inducing the City of Atlantic Beach to accept said construction for ownership/maintenance. /~M¢iz:./Z/.we;:.»7’ mm is) IT‘5.3%?” "W~.r.~'r'--:.-. 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Au»uwwn~aaw Agenda Item #6.A.13 Nov 2023 Page 57 of 178 ~e.~um.mu 00.000.0 oo...m¢~ooéaam ?u H 00.000.0 00.000.0 00.000.0 00.000.0 ouzmmm36 mmown 3.833.32.«G H 00.000.0 00.000.0 00.000.0 00.000.0 00.000.0 00.000.0 00.000.0 00.000.0 00.000.0 00.000.0 00.000.0 00.000.0 00.000.0 00.000.0 00.000.0 00.000.0 00.000.0 3.333.33 43 .n 0w.00N.n0w.00N.n g H 00.000.0 00.000.0 ~«.o..m~mNudummm 5..n 00.000.0 ‘£00.0.30.0.«=5 .30 m5.n.q.m_...b.m.UQ, d1. .~Z_<_>_w._m=.E oz=m:<Bmn 05.mhauzou 0_XN _ 5o.=>5._m_._.<>_~E ._m.z<.__._O~E.ZOU ._.ZDO_2 UZE ZD_._.<0.0._u_:.Z< wmfozumz 070 Z0_._.(.__.m ._|.=._ ._ou:u>=._o=ntuwon_E6... 20:.«Rm 1203.>1 <.:2<m m§.~.E.E..a.Q ......\.__V e........§...~§w_£a.._=m Agenda Item #6.A.13 Nov 2023 Page 58 of 178 ,3 - K‘.,Y’ .\'5!‘ .4‘ £1) “*"~.‘orai‘”'r' Bill of Sale C;lL\{/fapi.-;m1«:.'»z3,§’LLc.W5:-dFtmr :20 J’I‘173ir»’»IF<g_,meSalem“ Owner Name and Address (Please Print) considerationof the sum of One Dollar and other valuable consideration received from the City of Atlantic Beach,the Buyer,hereby,on the day of ,A.D., D3)’Month&sells to the Buyer the personal property describedas: Year All water mains,water services between mains and water meters,meters,?re hydrants and all sewer mains,manholes and s werservices between mains located within the right—of-waysof L"1O /«L-€90!/Z/?.»7(i.{ Project Name AND,warrants that the property is free of all encumbrances,Lhatgood title to and right to sell that property is vested in the Seller,and that the Seller will defend the title against the lawful claims of all persons. WITNESS:) l 1/ Witness Signature e Signature Print Witness Name Print Owner’s Name STATE OF FLORIDA} COUNTYOF DUVAL} The foregoing instrument was acknowledged before me this ‘IZfndayof Qg~;\o;;,=~,-4‘,Zo2_5by .'_U ,-;'C;\"Wh0is personal known to me and he did Month Year Owner not take an oath. JESSICA SMITH Commission#HH433331 .-- Expires October,2027 No _\ Public,State o londa ../0.J Agenda Item #6.A. 13 Nov 2023 Page 59 of 178 ?g ooodmmm.02ZDO«@2141D21.—.<u—n¢ <95...00Him8251 Emusam2.:izonmkos. It..x<u..!u5:743 .1 E3..u2.__u|mo»¢a|$2:»$203.55.53.002¢00w.zm5.__..0m:mx»Euz_.=_au0<.3zmwnE2:IE5:..9.=zou.:mz<3.m._.5:E2EuEm.u><..E:m_.. 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Insurance Company Bond No.1198911 A Divisionof The ArchCapital Group MAINTENANCE/\NARRANTYBOND KNOW ALL MEN BY THESE PRESENTS: That we Cal so Moorin s LLC as Principal (the ''Principal)and Arch Insurance Com an a corporation organized under the laws of the State Missouri as Surety (the “Surety”),are held and ?rmly bound unto Saint Johns FL as Obligee,(the “Obligee")in the penal sum of One Hundred Three Thousand Ei ht Hunred Ei ht One and 531100 ($103 881.53 ). lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves,our heirs‘;--executors,administrators,successors and assigns.jointly and severally,?rmly by these presents: WHEREAS,the Principal has by written agreement dated entered into a contract with Obligee for Duval Coun Plat Book 79 Pa e 153 ,which contract is by reference made a part hereof,and is hereinafter referred to as the contract. NOW,THEREFORE,the condition of this obligation is such that if the Principal shall remedy without cost to the Obligee any defect which may develop during a term of one years(s)from the date of completion and acceptance of the work performed under the Contract.provided such defects are caused by defective or inferior materials or workmanship.then this obligation shall be null and void;othemvise it shall be and remain in full force and effect. No suit or claim may be commendedby the Obligee against the Surety after the expiration of one (1)year from the date of Obligee’s discovery of a defect. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs,executors,administrators or successors of the Obligee. Signed and sealed this 27”‘day of October,A.D.2023. Calypgo Moorings,LLC Arch Insurance com n Principal Sure By‘B ' Bonnie5.Robbins,Attomey-in—Fact Agenda Item #6.A. 13 Nov 2023 Page 62 of 178 10176 This Power of Attorney limits the acts ofthose named herein,and they have no authority to bind the Company except in the manner and m the extent herein stated. Not validfor Note,Loan,Le-{tarnfCradiI,Currem:_vRate,Interest Rate or Residential Valuc Guarantees POWER OF ATTORNEY Know All Persons By These Presents: That the Arch lnsurancc Company.in corporation organized and existing under the laws of the State ofMissouri,having its principal administrativeoffice in Jersey City, Now Jcrscy (hcrcinaftor rcfcr-t1:dto as the "Company")docs hereby appoint: Barry R.Page,Bonnie 5.Robbins,Brenna P.Tuccelli,Charles P.Boornazian,Rose Vitliglio and William Strong of Longwood,FL (EACH) its true and lawful Attorney(s)in—i-‘act,to make,execute.scal.and deliver from the data of issuance of this power forand on its behalf as surety,and as its act and deed: Any and all bonds.undertakings,rccognizanccsand other .-atrcty obligations,in thc pcnal sum not cxcccding n liu lrcd F I Million Dollars S in tllll)non()0)... This authority docs not permit the same obligationto be split into two or more bonds in order to luringeach such bond within the dollar limit of authorityas set forth *aheroin. The cxccutionof such bonds,undertakings.rccognirunccs and other surety obligationsin pursuanceof these presents shall be as binding upon the said Company as fully and amply to all intents and ptupusi.-5.as if the satnc had bccn duly esccuted and auknowli.-dgedby its regularly elected of?ccrs at its principal administrutivc of?ce in Jersey City,New Jersey. This Power ofAttorncy is executed by authority ofresoluti-onsadopted by unanimous consent of the Board of Directors ofthe Company on August 3 l .2022,true and accuratc copies of which are hcrcina?cr set forth and are hereby conificd to by the undersignedSecretary as being in full form:andeffect: “VOTED,That thc Chairman of the Board,the l"resic1enLor the ExecutiveVice President.or any Senior Vice Prcsidcnt.of the Surcty Business Division,or their appointocs designated in writing and ?lcd with the Secretary.or the Secretary shall have thc power and authority to appoint agents and attomcys-in-fact,and to authorize them subject to the limitations set forth in their respective powers of anomcy.lu 0-‘<¢C'l|"-'0"bch?lr "W15 C°""D8"y.and attach the seal ol‘the Company thereto.bonds,undertakings,recognizanccs and other surety obligations obligatory in the natun:tlicrcof.and any such officers of the Company may appoint agents for acceptance ofproccss." This Power of Attorney is signed,scaled and certi?ed by fitcsimilc under and by authority of the following resolutionadopted by the unanimous consent of the Board of Directors ofthc Company on August 31,2022: VOTED,That the signature of.thc Chairman of the Board,tlie.Prcsident,or the Executive Vice President,or any Senior Vice Presidcnt,of the Surety Business Division.or thcir appointccs designated in writing and ?led with the Secretary,and the signature ofthc Secretary,the seal ofthc Company,and certifications by tlic Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on Augustli l .2012.and any such power so cxccutcd.scalcd and certi?ed with rcspcct to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company.In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this?day of at-_r-e.2013..“?aw (3%Attested and Certi?ed § 51.924/~..°°*::::*"g mic I1712‘Stephen C.Ruscbak,Executive Vice President Arch insurance Company Regan .Shulman,Sccrctary STATE or PENNSYLVANIA ss counrv or PHILADEL rum ss Ilsmti I,Michele Tripodi.a Notary Public,do hereby certify that Regan A.Shulman -andStephcn C.Ruschak personallyknown to me to be the stunc persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company,a Corporation organized and existing under the laws of the State of Missouri,subscribcdto the foregoing instrument,appeared before mc this day in person and severally acknowledged that they being (hereunto duly authorized signcd, sealed with the corporate seal and dclivered the said instrument as the ?rce and voluntary act ofsnid corporation and as their own free and voluntary as for the uses and purposes therein set forth. Cwununutthdnastuhdo-touybu ~.- m-mmmimymc in wt din "?‘“”’h““7 Mich lc ‘midi.Nuts:blic‘vcwnhdoaapiauym?My commission expires 07/3 I /2025 C ERTKFICATION I l,Regan A.Shulman,Secretary of the Arch lnsurttnct:Company,do hereby certify that the attached Power of Attorney dated June 8 2023 on behalf ofthc pe-rson(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in ?tll force and effect on the date of this certi?cate;and I do further certify that the said Stephen C.Ruschak.who executed the Power of Altomcy as Exccutivt:Vice Prcsidcnt,was on the date ofexecution of the attached Power ol'Attomcy the duly elected Executive Vice President of the Arch lnsurancc Company. IN TESTTMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate scnl of the Arch insurance Company on this 27th day of Octobcr, 2023.£7‘E '9)?“ This Power of Attorney limits the acts ofthosc namcd therein to the bonds and undertakings speci?cally namcd therein and they have no authority to bind the Company exccpt in the manner and to the extent hercin stated PLEASE SEND ALL CLAIt\‘I INQUIRIESRELATING TO THIS BOND TO THE FOLLOWING ADDRESS:§% Arch Insurance —Surety Division $ 3 Parkway,Suite 1500 0 03'0""'6 Philadelphia,PA 19102 1 :5:3 Ilsmti To verify the authenticity of this Power o?lttomey,please contact Arch Imurance Company at surety/Authenttlc archinsurance.com Please refer to the above namedAttorney-in-Fact and the details of the bond to whichthe power ‘iscrouched. AlCPOAO4012O Printed in U.S.A. Rcgan A.Shulman,Secretary ,~,. Y, Agenda Item #6.A. 13 Nov 2023 Page 63 of 178 v E ..r.§.532wmcsmamu.=_mmgorl,_ _ «an:..x4.3.5»L"‘"_§poit?d inf?”:21!r_ 's3.eQI9.f £.. m Agenda Item #6.A.13 Nov 2023 Page 64 of 178 AGENDA ITEM:Charter officer FY 2022-23 performance evaluations SUBMITTED BY:Kevin Hogencamp,Deputy City Manager CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT TODAY’S DATE:November 2,2023 MEETING DATE:November 13,2023 BACKGROUND:Per Article II,Section 9 of the City Charter,the City Commission “shall perform an annual performance review of the city clerk,city manager and city attorney. BUDGET:NA RECOMMENDATION:Accept the City Attorney and City Clerk’s FY 22-23 Annual Performance Reviews. ATTACHMENTS:1.Article II,Section 9 of the City harter 2.Perfonnance Evaluations REVIEWED BY CITY MANAGER: Agenda Item #6.B. 13 Nov 2023 Page 65 of 178 city commission shall perform an review of the city clerk,city manager and city attorney; 10/1/2020 Sec.9.-Powers. Atlantic Beach,FL Code of Ordinances Except as may be otherwise provided in this Charter,all powers of the city and the determination of all matters of policy shall be vested in the city commission.Without limitation of the foregoing,the city commission shall have power to: (1) (2) (3) (4) (5) (6) (7) (3) (9) (10) (11) (12) Adopt a budget; Authorize the issuance of bonds,revenue certificates,and other evidencesof indebtedness; Establish or abolish official boards and elect the members thereof as recommended by the mayor; Adopt and modify the official map of the city; Regulate and restrict the height,number of stories,and size of buildings and other structures,the percentage of a lot that may be occupied,the size of yards,courts,and other open spaces,the density of population,and the location and use of buildings, structures,and land and water for trade,industry,residence or other purposes; Provide for an independent audit; Pass ordinances and laws for the preservation of the public peace and order and impose penalties for the violation thereof;provided that the maximum penalty to be imposed shall be a fine of not more than one thousand dollars ($1,000.00)and imprisonment for a period of time not longer than ninety (90)days,or as otherwise provided for by Florida Statutes; Lease golf courses,hospitals and airports,or any portion thereof,after the city commission has passed an ordinance authorizing any such lease; Sell golf courses and the public utility system,or any portion thereof,now owned by the city or hereafter acquired by it after the city commission has passed an ordinance that: (a)there is a finding that public welfare no longer requires the operation of any such facility;and (b)the terms of sale of real property within the city limits are stated;and (c) after such ordinance has been submitted to the qualified voters of the city at an election called for that purpose; Provide rules and regulations for all purchases and sales made for and in behalf of the city; Appoint,remove and fix the compensation of all officers and employees appointed by the city commission as hereinafter provided;the annual performance Exercise any right or authority given or permitted by the Constitution and the laws of the State of Florida to city commissions not inconsistent with the provisions of this Charter 1/2 Agenda Item #6.B. 13 Nov 2023 Page 66 of 178 10/1/2020 Atlantic Beach,FL Code of Ordinances (13)The mayor pro tempore shall be appointed by the city commission from its members. (14)Provide for the protection and preservation of parks as follow:Any real property owned by the city which is used principally or held out for use as a public park,shall be used only as a public park;and parks shall not be sold,leased long term,gifted,changed in description or use,or otherwise disposed of;and no structure shall be built in any such park to accommodate activities not customarily associated with park use or outdoor recreation;unless such sale,lease disposal,gift or structure is approved by unanimous vote of the entire city commission. (Ord.No.33-15-19,§'l(EXh.A),5-11-15) 2/2 Agenda Item #6.B. 13 Nov 2023 Page 67 of 178 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:Jason Gabriel TITLE:Ci Attorne REVIEW PERIOD:From:Oct 1 2022 To:Se t 30 2023 DATE OF EVALUATION:25 October 26,2023 TYPE or EVALUATION:ANNUAL El OTHER DATE OF INITIAL/LAST REVIEW:Se t 30 2022 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 ?equently 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. X Well Below Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Re uirements Re uirements Comments:Jason has been responsive and always answers the bell.He has been available to answer questions and provide sage legal advice.He is our first on site attorney in a long time and it has paid benefits.His advice on real estate has been invaluable. SECTION 2.PERSONAL TRAITS/STANDARDS.Please rate the ability of the Charter Of?cer in demonstrating the following personal straits and standards:Sincere interest in the job;effectiveness in working with others; communicatin with others;coo eration;and ?exibilit . X Well Below Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Re uirements Re uirements 33 ‘. Agenda Item #6.B. 13 Nov 2023 Page 68 of 178 El’ 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. X Well Below Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Re uirements Re uirements Comments:He sees many city issues before they become major problems.I value his opinion on all matters relating to the efficient running of the city.He has never given me any bad advice.We are working together to ensure Robert’s Rules of Order are followed. Comments:Jason is above reproach and has set the standard for legal assistance.He works well with others and makes himself available for all city employees.He is ?exible and works with all city departments to do what’s best for the city. SECTION 5.AREAS OF IMPROVEMENT Please suggest areas in which improvement is needed:Ensure all meeting rules are enforced. SECTION 4.ACCOMPLISHMENTS/AREASOF STRENGTH Please note signi?cant accomplishments and specific areas of strength:Advising the City on major land purchases and general interface with the various city departments. $w%§(é«a 35 0&7 goag X Well Below Below Meets Exceeds Far Exceeds Re uirements Re uirements Re uirements Re uirements Re uirements OVERALL RATING BASED ON THE SCORES IN SECTIONS 1-3 Agenda Item #6.B. 13 Nov 2023 Page 69 of 178 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:Donna Bartle TITLE:Ci Clerk REVIEW PERIOD:From:Oct 1 2022 To:Se t 30 2023 DATE OF EVALUATION:25 October ,2023 TYPE OF EVALUATION:E ANNUAL E]OTHER DATE OF INITIAL/LAST REVIEW:Se t 30 2022 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. X Well Below Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Re uirements Re uirements Comments:Donna has been responsive and always answers the bell.She has been available to answer questions and provide sage clerical advice.She runs a solid of?ce and trains her employees to be self sufficient and able to fill in at a moments notice. 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 . X Well Below Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Re uirements Re uirements 7 3 4 Agenda Item #6.B. 13 Nov 2023 Page 70 of 178 ED 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. X Well Below Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Re uirements Re uirements Comments:Donna has a long history of doing solid work for the city.She is a wealth of knowledge and can answer all of my questions regarding her area of expertise.She can point to all the resources in the city to solve issues. Comments:Donna is above reproach and has set the standard for clerical assistance.She works well with others and makes herself available for all city employees.She is ?exible and works with all city departments to do what’s best for the city. SECTION 5.AREAS OF IMPROVEMENT Please suggest areas in which improvement is needed:Continue to follow all administrative storage requirements. SECTION 4.ACCOMPLISHMENTS/AREAS OF STRENGTH Please note signi?cant accomplishments and speci?c areas of strength:Advising the City on administrative policies and procedures.Timing on Courtesy of the Floor to Visitors. om 80752 X Well Below Below Meets Exceeds Far Exceeds Re uirements Re uirements Re uirements Re uirements Re uirements OVERALL RATING BASED ON THE SCORES IN SECTIONS 1-3 Agenda Item #6.B. 13 Nov 2023 Page 71 of 178 as m 1 . 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: REVIEW PERIOD:From:To:DATE OF EVALUATION: TYPE OF EVALUATION:El ANNUAL El OTHER 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 jxgnmu’/L5a/444,/MasMJ /5’(o'.41n”%J?7‘£;/6:115?”'4 ?l?x?42%]/"55Vc’>P%4'7LKai:/,,»,,'$4/Wax/tick/.Ha /z/5.1/ rfilcs15/9J¥t/1"47;]C0/MC//I5l/\/l'7%l"(6(/‘I47//7641!/47% / \_//4r;,a,q/3 M7/7€’I5’M4é»/.4,J/‘4/‘,7/964/5/]'§,,‘/'.5792‘?404/ Camzn}:5,}n wafk/L4n/:57‘/1AI/hrcsu//1'5:4 4 45:4/cW,/ M 6%tra?vxz4446,ml?!/0rm/+3.He am ,6;pd?gwf W/W /1 9 1‘. w/»4-/Ac duos 4I1a/I5 4 —/5Wm‘:.wr.:‘/.. 7!"é'é/$7[474['«1«7/ ém7m;55/ _ 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: 302 /? Agenda Item #6.B. 13 Nov 2023 Page 72 of 178 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 jaw/I A4136><+e«z—s;«/cjm/c/nmc47L5°‘/‘v"!r»I(6I76CWAN:’5?'Iv/5 .3.ms/(,.,..,:,§¢if {.m4.‘.,¢«.1 as/.;/€,.¢.«,J;/ms.7%3)/mm, /9r°Vt3{C4/Very' ml ¢a(/.15!M /II/075/006 /'56!/cs5:/eh,45 "["’4747"'rn Comm-1‘/tax)r «cw ml 4a/m‘.'mn5?g anr/raw‘/s-W/\67W/M/74’/'"7cn/2/ocz a/ m5jsen/ml/>aJ6’/wecwz75acvL/Sauce/ma/asWI“./57¢'!»_67/6»Ma’. Ho ‘#6’Avon],,,',Io74,5/Gauss441/JMVJ/sv?ltrmju/r/6-//ItV/”r”7/ %'"’”7Lw',,l[,403’)a/..§;.u5:15.(A56/f/’7or'r'J«§94+n‘¢s A1}?la/5, Well Below Below Meets Exceeds Far Exceeds Re uirements Re uirements Re uirements Re uirements Re uirements SECTION 5.AREAS OF IMPROVEMENT Please suggest areas in which improvement is needed: Date /J 30 Z‘ Commissioner’s Sig ature OVERALL RATING BASED ON THE SCORES IN SECTIONS 1-3 Comments: Agenda Item #6.B. 13 Nov 2023 Page 73 of 178 5%,,514,; M 5/(7.:.2; ll Br// o4302 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: REVIEW PERIOD:From:To:DATE OF EVALUATION: TYPE OF EVALUATION:D ANNUAL El OTHER DATE OF INITIAL/LAST REVIEW: PERFORMANCE RATINGS Far Exceeds Reauirements: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 ?equently 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 / />.nn.,/-9/av:-'c/csan/J$y;;;,’]L‘An]was W&//n//%7%;émiry/'56:;/I. 5'/lé /n4/25¢:79¢41+):mag?‘1:35564/MJVVcr/we//mal/74)/-s5/reca‘72,,>’,}4 /‘1n’lIJ+0$124//Ylc?}-4(Mar 5-yearsma6;;/‘J:/1*M¢(,/,4;/5jyvgf,D,,,,,MM .¢)¢{—,5 300/fax]?<4Eao?vvLaws,4006/13:;Law;Rem’/V65?!”«M1/?t/5.55¢15 c/M f fa I/c /3!/Inq/5 (in 74 444/C/tq(/Ego‘in/A4‘/‘65¢a//55,§Ac W9//V5WC”W'7’s44%:/s ‘"71'5 U’/V56I4/‘Z?Ar Ac.’ears /%rm':5 '/#5 .I 1.6A 6.}7.,n7L})W/MIArcsul/5,f‘,,in 4n (4/nmlgcsm,4,,,‘ML DMM /J—5+¢n$‘ItoJ7(;I&/‘S/M1['5 -W(.MI_’1+0 /Icr 4/],‘¢-;k",,WA“4/{ CTION 2.RSONAL TRAITS/STAN ARDS.Ple e r the ab ity of the Charter Of?c in demonstrating the following personal straits and standards:Sincere interest in the job;effectiveness in working with others; communicatin with others;coo eration;and flexibili Well Below Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Re uirements Re uirements Comments: Comments: M 02 Agenda Item #6.B. 13 Nov 2023 Page 74 of 178 EPJ gr/n:a‘/4€1!I /I4’1fcl€-Mp/S‘p‘/?fe/1I,£;1z_u43/ 4 }/7"WkW/‘7‘£/ ‘I J 9 '1 %@@__ 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 SE ION 5.AREAS OF IMPROVE T Please suggest areas in which improvement is needed: Date Duum/ma_f&{v/él!:54/‘mm)1 £1/'11,!!!’-i"l[r4‘]l,'¢/144/:6:/at/7‘n n/ M159/\’/uw/561..5/no/Cam/50./I cm‘/4am]54419?4 ???gf/5 '24:am/ q,7f‘.6 \/c/ 4;gm C,”/6/éh?n 1.115éa/I1MI.?5[/:7.51:;(1555 /0 :l/w//|51/I/711./(11:114/"/ rW7jW/47(1)/m/7A7L:$0l/'/'4-M165res:/F/73%’ram /De/1'9clsfone £7 A '7:)nm/:"/£5 V01‘;/7f¢6$$4/y.l.!‘4-7%;Cf‘m7[’:-//1‘M0C‘:l4f'7LJ¢/’}‘{2&1/t'C1<~/ j/304‘/’3a/. KI?!”/L/£4”p/3/”“3;4"J6'5’“'L"Cj”’74‘6,’ __ $4/I’://YQVISWJFS/’4'0 ?t/o6‘H-wasfigT6401/fs5/5675”law ma’/’W?: (.:/O4ow:1 /(oc/)fuoigsant/'14:’/v7‘4;n]nw//inc/)»rn?m//ca,ml?,,//mw/[4 5' 6»;-¢q'1L’\jn/.)m é/16:45 7%:/tarM‘?ea//5/5/‘y/ (J /Wyn;/ asI‘ I 9 as 0 o razors é/cf r /"'D0004:5 Jo 0 of - Commissioner’s nature 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 nirements Comments: Agenda Item #6.B. 13 Nov 2023 Page 75 of 178 Agenda Item #4.A. 23 Oct 2023 CITY OF ATLANTIC BEACH Charter Of?cer Performance Evaluation 3..3.a- ...a —-—-----—--......._a-u-v-n--u-n.-.«~a—u ..-— DATEOF INIIIAIJLAST REVIEW: PERFORMANCE RATINGS The purpose of mi:appraisal is to evaluate per?onnnnce,pinpoint suengfhsand accomplishments, suggestions ?n’improvement.In conducting performance xwiews,(hose evaluations will pmvide a ‘Iistmyof performance,davelopmamandpmguess.I.................__._...-._._;--..,--........_-;.. CBARTEROFFICERNAME:0 vn élé?ff E:6’/0/0?E I azvmwn-uuon:non:rule 4 2 mmor EVALUAHON:/4 -:7 3?! nvrn or EVALUATION:?mnuu.C]max: Iu E ‘i !Fur In-Md:llnquinnnnlu Per?ummce was conaiatmuywell beyond naqnitcmcms Exceeds :Pafonnlncb consistently exceeded laponsibiiitics,mndu?s mi objectlvos Meets Rtquimneun:Pafonmnce comistcnxlymat the Imjority oftespunsibililies,standard:and objectives Bdow Requlnmcus:Petiwnnmcc fmquultly did not must mqniluunnu -. Well Bcluv Inquicnnuts:Pafonumcc wn?nuxwan mu below nquixgmeuts I SECTION I.FERFOIUHANCE TASICSISIANDARDS.Pleas:nu ?uubilityof the Charter Officer in couple! the onllb?iliea taxi bv ?u Gn?lt.__-v-u..-u.4u-u-or-an u.... \Va|l Ikhw B-slowlqnbu-n I.nnd1Rg?'|-gnu pg} R I--s-;..-_.......__-'--as Comments: SECTION 2.nznsomu.me...an the ability onhe Chum:o?fn in dunouuuu-‘g Ilze?sllowingpcnunlunihnulnuudardu:Slucer¢InIeresIInIleJob;c?ocIivcausinworl:iugwitho1hen;l_g_qyg_|gn!cadwlthotherueoo in-and '-. wol Below Ielw Beulruuls Mun Ioquunnu Exuelslnquhuunqc..m...L=,:f//./I/rin/A//4.5’/I,F//A/Z/e.//J/hr Arr? ,g,,‘?/Xax.,bw.o/(I74-,¢(gm»Jwccz): 2».-..,m4>»:. EY} ! .1,age 37 of 158 9 Agenda Item #6.B. 13 Nov 2023 Page 76 of 178 II I Fiage38of 158 IVI uvl l_vl—I-r Agenda Item #4.A. SECTIONS.JUDGMENTAND KNOWLEDGE‘.Hun rit¢t'heIbIlltyoI'IlIeChula‘0IE£er in dunandu?ig the following skills ofjndgnm and haulage:Reeoui?n afynblnu;nppliutlol all:sense:an!bgle -II|d°£'."2'.':°""‘rim‘M _.._....- Wcl Ielw lalw mqunusu Mun llquiuuub Hiwudllluuhnnlu For haul l Canuncuh:yr?!4 Kill4/Ca/M941:rear!)fp&;'-..;,/ //I ?e:/Jr‘/ha}. SECTION 4.AcconuusnMr:rrsIAnaZ§6i"sr'”*‘“nnN<;r‘n“.l Plene nut:slgnl?unl ncconpllahueue and Ipeci?:Inn ohtrcnglh: ha;/t?fc /43 am’.r/r?ezzasp’mum!»/Q:2.» sncnoN_5:_Anus or nvn-novmmrr ‘ Pleuuuggcsureuinwhlell impnvencuisnudad: ha»:/4 IL “ovl-:Iuu.L RATING BASED on IIIESCORESINSECTXONS I-3 Welllebw Bunw Mun tuna.rarzuukia _________ 'vs __y.§:kcnnu Illmulq u _uinu-‘un- _I iW _ /4‘es 23’______| Can iubner'sSipIn€I'Ire um Baptist PrimaryCare 13001-100 Atlantic B d. Jackscnvillm,Fe.322 5 23 Oct 202 3 Agenda Item #6.B. 13 Nov 2023 Page 77 of 178 .—. _,.' |v[uv(r.va-w v:...uu 1-:nu uv1.....u ._.- Agenda Item #4.A. I 23 Oct 202 3 CITY OF ATLANTIC BEACH Charmer Officer Performance Evaluation Tlemlfpmeoffiknpwais?iswwdmb?ufmrnmcqphpdmwmglhsmdacwmplkhmmn, anilprovidesuggesuonslb:Improvement.In conducting petfhrmame reviews.these evaluations will pu-avid:a hi or perfornance,develo1:n:n:andpIvyreas.| I......u—u—-u-———-..... CEARIER omcuz mmz:(mm 0 'I//' nsvmw r1-men:hum:a .5’?ro:0 ‘IJ’nun or EVALUATION:/5 3f me or nvuunmn:ANNUAL [3 man I mm or mnuuusr uvnv.w=I n-znmnmmcxmmncs I Fat Exceeds Requiumzms:""“*——"was wmistm?y wenbe-wndloquimnuns lueedmequuunm Pedbmance oonoisuanlyenacadad raponsmnluns standards and objectives __ Mcets Rcqnlruunn:Pa£omanoccouistanlymuIhcna]0?fy0fl¢S9°?5I'b5Ii5=5.51=ndN48¢M°V.I==*|V°5 Below Inquiumuts:Pcr?nnnanu:?cqunlly did notme?Ieqllimnnt? Well Behw Rqpiruncnh:Pexfonnancc consistently fell wdl INIOW SIICI'XONI..P?CFORMANCETASK8!5TANDARDS.HeMeruetheab??y¢f&eChnuO?'merhmHPl?¢ liens unsi??tiuxsli null:Ihacluhr. wanna»:Id!-rllzqninnenc Maxsmsl?nnnh ‘=1-kiln"W, I -impala I i I I I Clllllllulsz E I I I sacnonz.PxRs0NALTRAnSIsTANnAnns.maunnnubaivdIheChmu0?=:r[I¢e-n?n?uI aemuwmgpusomsmm:dmsdsds:sne«ehauuta|ujw;c?udiwasshwwHngvnhowm; 'witho?gu-sgcoo HIIIO T??imlv. l iWd!Belnrula-wlap-‘nuns Ileenlaali?lw?“‘°¢""“""""“7"¥““" c......m /'4/6 71,f,_,////'a_!.r‘/r/Ivar,/491/a/I7" A/{I 4/09!9/49" I ! Piage37of158 Agenda Item #6.B. 13 Nov 2023 Page 78 of 178 sncnom.AccoMn.lsnM1:N1"8/Anusor S'l'RENG1_‘!_i___ Pleas:note signi?cant ueonapllslmeus and Ipeli?c nun ofm-uglh: [4/orb‘44/‘KCa/I-/40'-I,"/’-’‘W .-,.. IU/OU/(U40 IL Uorm rnn DVWLLIJIW!vlu ‘,__,,,.,,_,,,,,,,,_, i sucnoN_3.mncm-rm"AND KNOWLEDGE.mm.mm ulrlllty om:China 0mm in aauouésirau-3 Ihu fellawm;skill:ofjndgnent and knowledge:Recognition of problem;nppliesun nlnon-on sane:and logic _n_nddecision-nnIln_g_pr_lndle§.___ v .K I Welllelovv lelw llequlmaeon Muiiequbuub Ihmlnnqulruuu Pu-Irena:l__'tuneup -.1.____..-.,_,..,_...,.-,'‘_ Agenda Item ?4.A. 23 Oct 202 3 Conununln: _s_I:_¢j;1_'Io1-I5.Mums or munovmanwr ..__F._.,__.__ Plan suggcat areas in which inpmcnont is landed: /mhz ,4/' 1 1 F|’age38of 158 OVERALL RATING BASED mi‘ 1113 scoluss In sscrxo?s 1-3 COIIN Agenda Item #6.B. 13 Nov 2023 Page 79 of 178 LA-xA'H'O .3\‘mg TYPE OF EVALUATION:I]OTHER REVIEW PERIOD:From:To:DATE OF EVALUATION: 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 QQSPD-f\§3-‘(D({)\’\Q5lY§Dr 5-&) \m:W 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: LA:.\p\re§b.,.—\)r\N3 A(AComments: Agenda Item #6.B. 13 Nov 2023 Page 80 of 178 EP Comments: SECTION 4.ACCOMPLISHMENTS/AREASOF STRENGTH Please note signi?cant accomplishments and speci?c areas of strength: ?f"9gm9C\~\a {Em}(,1A3{?f.nmQ1Jr‘ar\‘ SECTION 3.JUDGMENT AND KNOWLEDGE.Please rate the ability of the Charter Officer in demonstratingthefollowingskillsofjudgmentandknowledge:Recognition of problems;application of common sense;and logicanddecision-makin rinci les. Well Below Below Requirements Meets Requirements ExceedsRequirements Far ExceedsReuirementsReuirements (hm M W-g\(5r.xs;gL,;j,j~xs+nJ1§a:\way:Jr?S’+£/ .;.o as SECTION 5.AREAS OF INIPROVEMENT 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 ExceedsReuirementsReuirementsReuirementsReuirementsReuirements Agenda Item #6.B. 13 Nov 2023 Page 81 of 178 Y). TYPE OF EVALUATION:I:I OTHER REVIEW PERIOD:From:To:DATE OF EVALUATION: CITY OF ATLANTIC BEACH Charter Of?cer 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 X é,egm¥nw¥N5 T4\Z/jh\’up Mr/NH2 \o‘»my we4“?5tmunm.W “Wk \0“ 75W\C‘(\ML?.“§£M’\qr4.,«?e’C5/c4/I3(".)n3rPib,A1i?4*’CH7’WIIicf_Ij ("SFrr‘C/ we =_{\g5‘P‘1‘§;\\(‘Q+0 \’\§\‘\'(37'S(T1.'\C..0J€Y“£ \Tg»€lg/g..”\g.;2(~:z13:51.1412kL“;0‘0“4I’1/A??j? gm$W M}N?+1‘/iS%\C>C/W ¢3i'“\0”¢' SECTION 2.PERSONAL TRAITS/STANDARDS.Please rate the ability of the Charter Officer in demonstrating the following personal straits and standards:Sincere interest in the job;effectiveness in working with others; communicatin with others;coo eration;and ?exibili Well Below Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Re uirements Re uirements Comments: Comments: 3:0 Agenda Item #6.B. 13 Nov 2023 Page 82 of 178 S)’ “K SECTION 4.ACCOMPLISHMENTS/AREAS OF STRENGTH Please note signi?cant accomplishments and speci?c areas of strength: XVQ /’2LH2§'+rA ~ % ‘ A J Y ». &£1|\~/().HOe?2{‘\’;‘),r\S’é ‘HYAM«"l§_,Ldqj?m ‘ §3égw ‘ ch2c¥s~in “Am67%“(Q jr ‘I?"/"n$ u;.__‘ ,( - ‘ 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 Si '11 ure 0 or OVERALL RATING BASED ON THE SCORES IN SECTIONS 1-3 Well Below Below Meets xceeds Far Exceeds Re uirements Re uirements Re uirements Re uirements Re uirements Comments: Agenda Item #6.B. 13 Nov 2023 Page 83 of 178 ZP TYPE OF EVALUATION:ANNUAL D OTEHER CITY OF ATLANTIC BEACH Charter Of?cer 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:Jason Gabriel TITLE:Ci Attome DATE OF INITIAL/LAST REVIEW:NA 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 ?equently 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 ed b the Charter. Well Below Below Requirements Meets Requirements Exceeds Requirements R uirements Comments:Mr.Gabriel has delivered exceptional performance of as our new City Attorney in the vital role of enforcing and providing legal guidance aligned within our charter.His contributions far exceed the requirements outlined in the city charter for the responsibilities associated with his role,encompassing legal advisement,contract and ordinance drafting,providing legal services to City employees and commission,as well as boards and committees that meet throughout the year. 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 ration;and ?exibili Well Below Below Requirements Meets Requirements Exceeds Requirements Re uirements Comments:Mr.Gabriel has consistently gone above and beyond in providing legal services to City employees and commission.His responsiveness and willingness to assist employees with legal matters have fostered a culture of trust and accountability.His commitment to ensuring that employees and commission are well—informed and supported in legal matters has greatly contributed to an effective organizational environment. SECTION 3.JUDGMENT AND KNOWLEDGE.Please rate the ability of the Charter O?icer in demonstrating the following skills of judgment and knowledge:Recognition of problems;application of common sense;and logic and decision-makin rinci les. REVIEW PERIOD:From:11/22 To:10/23 DATE OF EVALUATION:10/30/23 Agenda Item #6.B. 13 Nov 2023 Page 84 of 178 Well Below Below Requirements Meets Requirements Exceeds Requirements R uirements Comments:Mr.Gabriel has consistently demonstrated outstanding expertise and judgment when advising the staff, commission,and committees on legal issues.His ability to analyme complex matters,communicate them eifectively, and provide practical solutions has been instrumental in guiding the city through crucial decisions.His legal counsel and depth of municipal knowledge has proven invaluable in helping our city navigate challenges,avoid potential legal pitfalls,purchase of properties,and ensure that our actions align with the city charter,county and state law, and the best interests of our communi . SECTION 4.ACCOMPLISHMENTS/AREAS OF STRENGTH Please note significant accomplishments and speci?c areas of strength:It has been a pleasure working with Mr. Gabriel.He has consistently displayed an exceptional level of commitment,competence,and professionalism in his role through exemplary legal counsel,drafting of documents,representation,and enforcement of the law which has had a positive impact on the legal integrity of our city. SECTION 5.AREAS OF IMPROVEMENT Please suggest areas in which improvement is needed:Continue providing legal guidance to the Charter Review Committee as they meet over the next year. Well Below Below Meets Exceeds R niremenls Re uiremeuls Re uirements Re uirements OVERALL RATING BASED ON THE SCORES IN SECTIONS 1-3 30} Co In ssioner’s Signature Date Agenda Item #6.B. 13 Nov 2023 Page 85 of 178 N CITY OF ATLANTIC BEACH Charter Of?cer 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:Donna Bartle TITLE:Ci Clerk REVIEW PERIOD:From:11/22 To:10/23 DATE OF EVALUATION:10/30/2023 TYPE OF EVALUATION:ANNUAL |'_‘|OTHER DATE OF INITIAL/LAST REVIEW:10/29/22 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 Of?cer to complete the res nsibilities ass‘ed b the Charter. Well Below Below Requirements Meets Requirements Exceeds Requirements uirements Comments:Ms.Bartle has consistently demonstrated exceptional performance as our City Clerk,surpassing the requirements outlined in the city charter for the responsibilities associated with her role. I Maintaining and Safeguarding City Records:lVIs.Bartle has exceeded expectations in this area.Her meticulous attention to detail and organizational skills have ensured that all city records are well—preserved and easily accessible when needed to the public,staff,and commission. I Conducting city elections:Resourceful in providing guidance,policies and procedures,charter regulations and assistance during the election. -Trainings for Elected Officials,meeting management,overseeing of committee’s documents and minutes, assistance in dra?in ordinances resolutions,and other official documents. SECTION 2.PERSONAL TRAITSISTANDARDS.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 ration‘and ?exibili . Well Below Below Requirements Meets Requirements Exceeds Requirements R uirements Comments:Ms.Bartle has shown exemplary dedication,competence,and professionalism in her role as City Clerk. Her performance far exceeds the requirements outlined in the city charter for the responsibilities associated with her role.Working with Ms.Bartle through this evaluation period,as well as through the election time last year,has been a pleasure.She has shown herself to be responsive and committed to any and all inquiries I have gone to her with. SECTION 3.JUDGMENT AND KNOWLEDGE.Please rate the abili of the Charter Of?cer in demonstratin Agenda Item #6.B. 13 Nov 2023 Page 86 of 178 king)P Well Below R uirements Below R uirements Meets uirements Exceeds uiremeuts OVERALL RATING BASED ON THE SCORES IN SECTIONS 1-3 the following skills of judgment and knowledge:Recognition of problems;application of common sense;and logicanddecision—ma'rinci les. Well Below Below Requirements Meets Requirements Exceeds Requirementsuirements Comments:Through her leadership and commitment to the highest standards of public service,Ms.Bartle hasmadesigni?cant contributions to the overall ef?ciency and effectiveness of our city clerk's office and maintainedintegritytoourcitycharterthroughoutherlongstandingemploymentwiththecity.It is clear she knows the scope ofherrole,as well as others’,well and the depth of her knowledge is incomparable. SECTION 4.ACCOMPLISBIVIENTSIAREASOF STRENGTH Please note signi?cant accomplishments and speci?c areas of strength:Ms.Bartle’s expertise in city business andthecharterisexceptionaLSheisresponsive,resourceful,-and has continuously been available to assist in any area.Detailed oriented and executive functioning skills are at the highest level of expectations. SECTION 5.AREAS OF IMPROVEMENT Please suggest areas in which improvement is needed:Work with City Clerk of?ce staff to help retain and trainemployeestomeettheexcellentstandardinprofessionalism,customer service,and Work quality that Ms.Bartleherselfmaintains.Possibly streamline practices for record keeping.Suggestion:Lean Six Sigma training for her stafftohelpwithef?ciency and perhaps retention for records clerk. Co issioner’s Signature Date Agenda Item #6.B. 13 Nov 2023 Page 87 of 178 Page 88 of 178 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING REPORT BY CITY MANAGER: AGENDA ITEM:Resolution No.23-49 Authorizing retroactive Pay Increase for the City Clerk SUBMITTED BY:Catherine Varian,Esq.,Human Resources Director TODAY’S DATE:November 2,2023 MEETING DATE:November 13,2023 BACKGROUND:The City Clerk is an appointed position with the City Commission establishing the salary each year.The current annual salary for the City Clerk is $109,054.40. In past years,pay raises for the City Clerk have been consistent with those given to other general employees. Based on the approval of the 23-24 budget,general employees were given a 4%increase effective 10/1/2023. The Commission has expressed interest in the past for making the City Clerk’s increase automatically align with that given to the general employees without having to come back to the commission each year.This in no way limits the Commission’s ability to give additional increases to the City Clerk. BUDGET:This increase was included in this year’s budget. RECOMMENDATION:Approve a salary increase of 4%for the City Clerk effective 10/1/23,authorize retroactive pay back to that date and,automatically increase the City Clerk’s salary in line with that given to other general employees beginning in 2024 ATTACHMENT:Resolution No.23-49 Agenda Item #8.A. 13 Nov 2023 Page 89 of 178 RESOLUTION NO.23-49 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA APPROVING A 4%SALARY INCREASE FOR THE CITY CLERK, RETROACTIVE TO 10/1/2023 AND MAKING THE SALARY ADJUSTMENT AUTOMATIC EACH YEAR. WHEREAS,the City Clerk is a Charter Of?cer whose rate of compensation is set by the Commission;and WHEREAS,the last pay increase approved for the City Clerk was effective October 1, 2022;and WHEREAS,the FY 2023-2024 budget includes funds needed to provide a 4%pay increase for the City Clerk,retroactive to October 1,2023;and WHEREAS,in the past the Commission has expressed interest in routinely giving the City Clerk the same increase as it gives the other general employees,although it is not limited to that increase;and NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission approves a 4%salary increase for the City Clerk, retroactive to October 1,2023,and authorizes the payment of retroactive pay back to that date. SECTION 2.Going forward,the city clerk shall receive the same percentage raise that the Commission gives to the other general employees without the need to come back to the Commission.Nothing herein limits the Commission’s ability to provide additional wage increases to the City Clerk at any time. SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City Commission of Atlantic Beach,this 13th day November,2023. Attest: Curtis Ford,Mayor Donna L.Bartle,City Clerk Approved as to form and correctness: Jason Gabriel,City Attorney of Agenda Item #8.A. 13 Nov 2023 Page 90 of 178 TODAY’S DATE:November 1,2023 MEETING DATE:November 13,2023 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.23-50 authorizing the installation and upgrade of the security system for the Wastewater Treatment Plant entrance doors and security gate system for the WWTP and Public Works SUBMITTED BY:Troy Stephens,Public Utilities Director BACKGROUND:The Wastewater treatment plant’s security entrance doors,along with the gate entrance to the WWTP and Public Works Yard need to be upgraded due to security concerns.The software has become obsolete and can no longer be repaired,so it must be replaced. A quote was received from Convergint Technologies,a sole service provider for the City of Atlantic Beach in the amount of $28,154 to replace the security card readers at the W WTP doors,gate operating hardware at the front entrance of the W WTP and the Public Works yard. BUDGET:Adequate ?mds are available in the Public Utilities Fund Account No.410-5508-535-4600 RECOMMENDATION:Approve Resolution No.23-50 authorizing the purchase and repairs to the Wastewater Treatment Plant entrance doors and the security gate system for the WWTP &Public Works entrance in the amount of $28,154.00. ATTACHMENT(S):1.Resolution No.23-50 2.Quotefrom Convergint Technologies 3.Photos of W WTP &Public Wor s gate systems REVIEWED BY CITY MANAGER: Agenda Item #8.B. 13 Nov 2023 Page 91 of 178 RESOLUTION NO.23-50 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AUTHORIZING THE PURCHASE OF SECURITY UPGRADES TO THE WASTEWATER TREATMENT PLANT ENTRY DOORS AND CARD READERS ON THE WWTP AND PUBLIC WORKS SECURITY GATES; 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 is in need of an upgraded security entrance system at the Wastewater Treatment Plant and the Public Works Yard;and WHEREAS,no quotes were solicited because Convergint Technologies is the Sole Source Provider;and WHEREAS,funds are available in the Public Utilities Fund for this purpose in account number 41 0-5508-53 5-4600. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: Section 1.The City Commission hereby authorizes the City Manager to approve the purchase of the security entrance upgrades to the Wastewater Treatment Plant Buildings and gate, and the Public Works gate. Section 2.The City Commission hereby appropriates funds in the amount of $28,154.00 from City’s Public Utilities Fund for this purpose. Section 3.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 4.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13th day of November, 2023. Attest: Curtis Ford,Mayor Donna L.Bartle,City Clerk Approved as to form and correctness: Jason R.Gabriel,City Attorney Agenda Item #8.B. 13 Nov 2023 Page 92 of 178 converg 8933 Western Way,Jacksonville,Florida 32256 Phone (904)312-5384 Mobile (904)742-4507 jim.pesek@convergint.com October 10,2023 City of Atlantic Beach Quotation:JPC1369826P Waste Water Treatment Plant RFP#: 1100 Sandpiper Lane Atlantic Beach,Florida 32233 License/Cert EC13008283 Attention:Troy Stephens Reference:JXP0597 COAB Waste Water Treatment Plan On behalf of Convergint’s global network of colleagues,I would like to personally thank you for providing Convergint with the opportunity to present this proposal addressing your electronic security needs.We are con?dent that this proven solution is both comprehensive and customized to meet your needs today,and in the future. Convergint’s reputation for service excellence is backed by a foundational commitment to our core value of service,and we have been recognized as the #1 Systems Integrator by SDM Magazine.This recognition reflects the strong relationships Convergint has developed with the industry’s top technology manufacturers,and our history of success with providing exceptional service to our customers. Our guiding principle has always been to be our customers’best service provider.Our dedicated and certified team of professionals strives to uphold our customer-focused, service—based mission to make a daily difference for our customers.After achieving a successful on—timeand on-budget project installation,Convergint will provide you with the industry’s best ongoing service,including our 24/7 customer portal iCare,designed to track service work orders,project progress,and provide you with detailed metric reporting for continuous improvement. The following security proposal is speci?cally designed to meet your needs.As your single point of contact,please feel free to contact me with any additional questions you may have.Thank you again for trusting Convergint as your partner. nt Agenda Item #8.B. 13 Nov 2023 Page 93 of 178 Sco e of Work 0 This is a proposal to upgrade the AMAG controllers at the City of Atlantic Beach Waste Water Treatment Plant and the Public Works entrance gate.This proposal includes the following scope of work: 0 Waste Water Building Replace the existing M2000 controller with an M2150-4DBC controller and MN- NIC-5 ethernet module.Mount the M2150 into the same enclosure the M2000 is currently in. 0 Reuse the existing network cable and program the existing controller IP address into the new controller Install a new power supply and back up battery in the M2000 enclosure Replace the (3)RS-485 surge protection modules with new ones o Waste Water Ancillary Building Replace the existing downstream reader expansion board with an M2150—4DC expansion board.Mount the M2150 into the same enclosure the existing expansion board is in Install a new power supply and back up battery in the enclosure Replace the RS-485 surge protection module with a new one and reuse the existing wire for RS-485 connection to the M2150-2DBC in the Waste Water Building Replace the existing reader on the Ancillary Building entry door 0 Public Works Entry Gate In the existing gate NEMA enclosure,replace the existing downstream reader expansion board with an M2150-4DC expansion board.Mount the M2150 into the same enclosure the existing expansion board is in Install a new power supply and back up battery in the enclosure Replace the RS-485 surge protection module with a new one and reuse the existing wire for RS-485 connection to the M2150-ZDBC in the Waste Water Building o Waste Water Entry Gate In the existing gate NEMA enclosure,replace the existing downstream reader expansion board with an M2150—4DC expansion board.Mount the M2150 into the same enclosure the existing expansion board is in Install a new power supply and back up battery in the enclosure Replace the RS-485 surge protection module with a new one and reuse the existing wire for RS-485 connection to the M2150-4DBC in the Waste Water Building Install a new reader pedestal,using the existing concrete foundation.The old reader pedestal is gone but the original mounting plate and anchors are severely rusted in place.Use an angle grinder as needed to remove the old plate and anchors. 0 Reuse the existing conduit for cable path to the gate NEMA enclosure and install a new direct-burial reader wire COHVG rg nt Agenda Item #8.B. 13 Nov 2023 Page 94 of 178 converg 0 Replace the existing reader surge suppressor 0 Provide and install a new reader Replace the existing gate motor with a new one that has a removable cover that will allow access to a gate toggle switch.Gate will also have a gate status output for the access control system to monitor if the gate is open or not.Estimate the gate open time for normal operation and program the held open alarm accordingly. 0 Proposal assumes that the existing in-ground loops are in working order and can be reused for the new gate controller 0 Programming and Testing Program the new controllers into the existing AMAG software Test each door and gate reader for proper card read control of the door or gate and held/forcedopen alarm reporting o Notes There will be approximately 2 full days of downtime for the Public Works gate,the Waste Water Building entry door and the Ancillary Building entry door while the existing control equipment is removed and replaced. This proposal assumes that the existing Waste Water entry gate is in good condition and that the existing loops are in good condition and will work with the new gate operator.Convergint may need additional material and labor,after the installation begins,to ensure the gate functions properly. nt Agenda Item #8.B. 13 Nov 2023 Page 95 of 178 Existing Waste Water Main Building with one reader entry. Replace M2000 with new M2150-4DBC.Reuse existing RS485 cabling to the two gates and ancillary building.Replace surge protectors. Existing Gate and Gate Security Enclosure.Replace existing gate operator.Replace M2000 with new M2150-4DC and install new reader pedestal and reader. Reuse existing RS485 cabling for communication to waste water main building §Y-‘??C Existing building with one reader entry.Replace M2000 with new M2150-4DC and replace existing reader.Reuse existing RS485 cabling for communication to waste water main building Existing Gate and Gate Security Enclosure.Replace M2000 with new M2150-4DC.Reuse existing RS485 cabling for communication to waste water main building III: converg nt Agenda Item #8.B. 13 Nov 2023 Page 96 of 178 Y) Line_Q :Par_ t1{Head 10 11 12 Materials 4.00 4.00 4.00 Descri tion End Equipment ;M2150-Symmetryll‘/E1504DBC 4 Reader Panel BOARD .%4.DB,<_Z_ __ _r..%S?!)|J.-.Y,_-_L2_0lS.u..__..,,,__.L.L...__M_...--..l Symmetry M2150 -10/10OMbps NIC module for gMN_N|C_5 Ethernetconnection of panel to LAN (Does not E lcontainrestricted encryption technology,can be I legpgtgd to all countrie_s—re lacesM_N_—mNlC-4onl M2150_4DC iOS|yTYmetryM21504DC4Reader Panel BOARD l SyrnrrretryWiegand Interface Module (WIM)4 - WIM4 §Used with 4 door controllers to enable Wiegand Ereadercgrilection 2 AX- fA_l:§9gyLXBAL6OE0l__)_(_l3_C3:ARDONLY6AMPS |M_1272F1 12V 7.0 Ah SLA Battery,F1 Terminal,SOLD IN §CAS_§_QFQTY 5 Field Equipment 1.00 1.00 1.00 1.00 }HU-RP40 MLTCLS SE PRX WIEG PIG BK DK- £4L\/LPCB READER SURGE PROTECTION Pl-UPM1L UNIV PEDESTAL LRG MNT 47 8X8 PI-UPMGBS ALL PURP SMALL GANG BOX W/HOOD Total Project Price Manufacturer AMAG Technology AMAG Technology AMAG Technology AMAG Technology Altronix KJK International HID DITEK Pach &Co Pach &Co 28,154.00 convero nt Agenda Item #8.B. 13 Nov 2023 Page 97 of 178 conve _ nt Clarifications and Exclusion 1.All work proposed herein,shall be performed during normal business hours Monday through Friday 8:00 am -5:00 pm. Low voltage wiring shall be installed via open air code approved methods. Provision or installation of conduit,wire,boxes,fittings or other electrical installation materials unless specifically listed under Inclusions or Bill of Materials. Permits or associated fees are not included. _Customer to provide static IP addresses and network connections at panel locations. Customer to provide a secured staging &storage area for project related materials. Pricing assumes that electronic Auto CAD files are available from customer for our use in creating submittal drawings. Fifty percent (50%)of the proposed sell price shall be payable to Convergint for project mobilization.Mobilization shall be invoiced and due upon customer acceptance of this proposal. 9.Proposal does not include sales tax unless othen/vise noted. 10.Anything in the Contract Documents notwithstanding,in no event shall either Contractor or Subcontractor be liable for special,indirect,incidental or consequential damages,including commercial loss,loss of use,or lost profits,even if either party has been advised of the possibility of such damages. 11 Convergint reserves the right to negotiate mutually acceptable contract terms and conditions with customer by making mutually agreeable changes to the formal contract included in the Bid Documents. 12.Customer acknowledges that supply—chain and shipping difficulties may result in unavoidable delays in deliveries of materials despite timely placement of orders and efforts by Convergint and its suppliers to avoid such delays.Customer agrees to provide Convergint with reasonable extensions of time to the extent of any such delays and Convergint agrees to make reasonable efforts to avoid or minimize such delays.Customer further acknowledges that the above—referenced supply-chain and shipping dif?culties may result in unanticipated increases to Convergint’s proposal pricing on products covered by this quote or any resulting agreement and that such increases may occur between the time this quote is provided,or any resulting contract is executed and the time when Convergint actually purchases the products covered by this quote or a resulting agreement.Customer agrees that it will pay any such increase in Convergint’s initial pricing of obtaining the products above the proposal pricing upon which the quote or agreement was based,by change order or othenlvise,and Convergint agrees that it shall make commercially reasonable efforts to minimize any such increase. REVIEW IMPORTANT PRODUCT SAFETY AND SERVICE INFORMATION PRIOR TO USING A CONVERGINT-INSTALLED SOLUTION:See the “|MPORTANT PRODUCT SAFETY AND SERVICE lNFORMAT|ON”documentation,available at convergint.com/terms. Performance Items rg Agenda Item #8.B. 13 Nov 2023 Page 98 of 178 Applicable Taxes Installation of Low Voltage Wire Material (listed in the BOM) One-Year Warranty on Labor Owner to Provide Static IP Addresses Servers by Others Termination of Control Equipment Enclosures Wire Included Freight (prepaid) Installation of Wire and Cable MountinglTermination of Proposed Devices One-Year Warranty on Parts Project Management System Programming Testing of all Proposed Devices Workstations by Others Items Excluded 120 VAC Power and Fused Disconnect Switch Additional Lighting Requirements for Cameras Attend Owner Project Meetings Cable Connection to Building Fire Alarm Panel Door wiring typical connections Electri?ed Door Locking Hardware Equipment rack layout drawing Fire Stopping (Excludes Existing Penetrations) Floor Coverings for Lifts Horizontal Core Drilling Installation of CCTV Cameras Installation of Control Equipment Enclosures Installation of Intercom Systems installation of Network Cabling to Card Readers Installation of Network Cabling to IP Intercoms Installation of Terminal Cabinets Installation of Wire Hangars Loading Software on Customer Provided Computer On-Site Lockable Storage Facility Owner to Provide DHCP Lease Reservations for Network Connected Devices Panel Wall Elevation drawing (may require customer CAD) Patch and Paint Record Documentation (As-Built) Servers by Convergint Submittal Drawings System is Design-Build Terminal Cabinets Workstations by Convergint 120 VAC Power Receptacles Attend General Contractor Project Meetings Authority having Jurisdiction permit drawing (requires customer CAD) Ceiling Tiles and Ceiling Grid Repairs Correction of Wiring Faults Caused by Others Electrical Installation Permit Engineering and Drawings FA Permit and Plan Review Fees Fire Watch Floor plan with device placement and numbering (requires customer CAD) Installation of Bridle Rings Installation of Conduit,Boxes and Fittings Installation of Control Panels Installation of Intrusion Panels Installation of Network Cabling to IP Cameras Installation of Specialty Backboxes installation of Video Recorders (DVR/NVR) Lifts Low Voltage Permits Operations &Maintenance Manuals Owner Training Panel wiring with point to point connections Payment &Performance Bonds Riser drawing with home run wiring Specialty Backboxes System Engineering System Meets Plans/Drawings Vertical Core Drilling COHVG F0 Agenda Item #8.B. 13 Nov 2023 Page 99 of 178 Total Project Investment:$28,154.00 Thank you for considering Convergint for your Security needs.If you have any questions or would like additional information,please don't hesitate to contact me immediately.Ifyou would like to proceed with the scope of work as outlined in this proposal,please sign below and return to my attention. Sincerely, Jim Pesek Convergint Jim Pesek October 10,2023TroyStephens Customer Name (Printed) By signing below,I accept this proposal and agree to the Terms and Conditions contained herein Authorized Signature Title Date converg nt Agenda Item #8.B. 13 Nov 2023 Page 100 of 178 NV‘1 v'v'---n I!‘--»‘..--t ‘in ....~-.x.,4-.a 7--U‘n.».4... ...<-n 4.—.;:-1:?n:.«v...,.._._.-........ in K ,.. .».-.4.—.......-...n..-.......‘‘“"'~'-“» __7- ....---..«-...—..Ar ‘...... .»..3........n ».4......‘.z--..-........,...g ..,n.-~-..v '..‘:m ....mm.....p..uu..:.......LE4:.-...»....mv-‘H71:»-.»...-rm. -».......»:.....-.x‘.-.. —.......nu; --vn <v»r—cg. .‘.—-.-» ..». ‘,_._,....=. an-.u w-.:....-:~-.4 '54‘-I‘:ar 1:__ _...g,—,..-.__.»....‘,_;4. .-~. u».»..u..'-2".1 .;=-...»1,.......o.... -.a:.«.-»«1..c--..5».,:nu!.\.?/..1;-~..-.--‘W1-»n‘—'.....-...........<- ..........<,..v ...:.—...~.--.-4 1‘.'.-1......—,....-.am-r.._‘.‘>:..-..... -.:.ms ‘An 3 x;,.......=.4....t-\lfr.rM4 ,.:.a.-...,... .-.»......_.....-...0-.-......z........u....mm... 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SECTION 7.INSURANCE Ling: J0‘ '1 I. Convergtnt Technologies Terms and Conditions (Install 8.T&M) Throughout this Proposal.including these Terms and Conditions and any attachments. (together."A9reement")‘ITI6term ‘Conver9inl"refers to the Converginl Technologies aililiate operating in the statelprovrloe in which the Work is being performed and ”Con\rergintRelated Parties"means Convergint and its contractors.subcontractors,third party product manufacturersor providers. SECTION 1.THE WORK This Agreement takes precedence over and supersedes any and all prior proposals. correspondence.and oral crwritten agreements or representations relating to the work set forth in III9attached ?ne tillWOYX("Work").T703Work commencesOil the start date and Willbe performed pursuant to the schedule speci?ed in the attached scope at work and,subject to any change orders or addendums.represents the entire agreement between Convorgint and Customer. This Agreement is made without regard to compliance with any special sourcing and.-‘or manufacturing requirements,minority or disadvantaged supplier requirements.or similar government procurement laws.Should such requirements be applicable to this Agreement, Converglnt reserves the right to modify andlor withdraw its Agreement. Customer understands that Convergint is an authorized distributor or reseller and not the manufacturer or developer ("0EM']oi software.hardware and equipment (cotlcctively.'Third Party Products”)purchased by Customer and certain services are delivered to Customer by such OEM. No monitoring services.includingUL listed monitoring.are included In the Work.Any such services shall be governed and provided by a separate agreerrtenL Convergint agrees in accordance with the mutually agreed project schedule: a.To submit shop rtmvi.-ings,prnctunt data.samples and SIITIIIRI‘sut-imitIa.I.e.it required in pedormingthe Work; b.To pay for alt labor,materials.equipment.tools.supenrision.programming.testing,startup and documentation required to performthe Wont in accordance with the Agreement; 0.Secure and pay for permits and governmental fees,licenses.and inspections necessary for proper execution and completion of the Work,unless local regulations provide othenvise;and d.Hire subcontractors and order material to perform part of the Work.if necessary.while remaining responsible for the completion of thework. Customer agrees in accordance withthe mutually agreed project schedule.and at no cost to Convergintz To promptly approve submitlats provided by Com/crgint; To provide access to a?!areas of the site which are necessary to complete the Work: To supply suitable electrical service as required by Ccnvergint: To remove site obstacles and job safety hazards: To promptly participate and approve acceptance testing,if applicable; Upon completion of commissioning or agreed to acceptance criteria.to promptly provide sign-off establishing job closeout:and 9.That in the event of any emergency or systems failure,reasonable safety precautions will be taken by Customer to protect life and property during the period from when Comrergant rs Iirst noti?ed ol the emergency or failureand until such time that Ccnvergrnt noti?es the Customer that the systems are operational or that the emergency has cleared. THEWORKANDIORTHIRDPARTY PRODUCTS ARE.DESIGNED TO HELP REDUCE.BUT NOT ELIMINATERISKS OF LOSS RELATINGTO CUSTOMERS PREMISES OR THIRD PARTIES.THE AMOUNTSBEINGCHARGED BY CONVERGINTARENOT SUFFICIENTTO GUARANTEETHAT LOSS OR DAMAGEWILLDECREASEOR BE ELIMINATED.Customer acknowledges that proper safety and security requires a layered approach of people,processes. safety.and technologies.The Work.including Third Party Products.provided by Convergint is not suf?cient to ensure overall safety and security.Customer acknowledges and agrees that it is responsible for its overall safety and security.lrrduding testing and maintenance of the Third Party Products (except to the extent contracted to Corrvergint by written agreement}.Customer acknotvledges and agrees that it has a duty at care and is solely responsible for its compliance with applicable laws.mics.and regulations,including but not limitedto export and re-export restrictions and regulations.privacy and data protection regulations.applicable OEM instructions.terms and conditions.EULAs,and proper product usage. Risk of loss.including any Third Party Product comprising the Work,shall pass to Customer as the Work is completed and the materials are incorporated into the Work at Customers site subject to any end user license agreements.It or Third Party Products are earlier stored on Customers site pursuant to agreement between Customer and Convargint.risk of loss with respect to such or Third Party Product shall pass to Customer upon delivery to Customer's site. SECTION 2.PRICING Pricing and amounts proposed shall remain valid for 30 days unless otherwise speci?ed.Price includes only the ThirdParty Products listed based on Convergint's interpretation of plans and specificationsunless noted otherwise.AdditionalThird Party Products.unless negotiated prior to order pboarnent.will be billed accordingly.Sales taxes (or as applicable GST,PST,VAT or slmllartax)and any other taxes wsessed on Customer shall be added to the price upon Invoice tocustorner. SECTION 3.INVOICE REMITTANCE AND PAYMENT Customer agrees to pay Convergint fifty (50%)percent of the total price as a mobilization fee at the time of executing this Agreement. If the Work is perfonned over more than one month.Convergnt will invoice Customer each month for the Work performed during the previous month.Customer agrees to pay the amount due to Convenglnt as invoiced.withinthirty (30)days orthe date of such invoice.If the work Is completed in less than one month.Customer agnecs to pay Cortvergint in fullaftiarthc Work has been completed withinthirty(30)days of the data of invoice.Invoicesshall not be subject to a project retentionpercentage and payment to Convergint shalt not be conditioned on payment by an upstream party.It Customer is overdue in any payment,C-onvergint shall be omitted to suspend the work without liabilityuntil paid.charge Customer an interest rate ‘I and 1.2% percent per month (or the rrtaxinum rate |3Sl'l'l'tlI1Bdby law,whimever is less).and may avail itselfof any other legal or equitable remedy.Customershall reimburse Cunvergint costs incurred in collectingany amounts that become overdue.including attorney fees.court costs and any Version 4.0 (US AND CANADA)July 2023 other reasonable expenditure. SECTION 4.WARRANTY Warranties for Convergint's sen/ices and Third Party Products are described in the Limited Warranty for Products and Services available at which is in effect as of the elfective date of this Agreement and is incorporated by reference as if set forth herein in full. SECTION 5.CHANGES Without invalidatingthis Agreement or any bond given hereu ndcr.Customer or Convcrgint may request changes in the Work witha change order signed by IJO‘Ihparties.II Customer orders (5) any changes to the Work (e.g.change in objective.dolivera bles.tasks or hours),(it)changes to schedule (extension or acceleration).or (iii)causes any materialinterferencewith Convergints performance oi the Work,Comrergint shalt be entitled to an equitable adjustment in tlietime for performance and in the Price,includinga reasonable allowance for overhead and pro?t SECTION 6.FORCE MAJEURE Neither Customer nor Converglnt shall be liable for any delay or failure in the pertcnnance o! their respcdive obligations pursuant to this Agreement due to circumstances beyond their reasonable control (“Force Meteors‘)and without the fault or negligence of the party experiencing such delay.A Force Majaura event shall include,but not be limited to:acts ot God,pandemic or epidemic.diseases,quarantines.unavoidable casualties,concealed conditions,acts of any civil or military authority:riot.insunections.and civil disturbances :war.invasion.EICIOI Iorcign enemies.ll0$lIIlII€$[regardless DIwhether OI’not war 55 declared).rebellion.revolution,terrorist activities;strikes.lockouts or other labor disputes: ambergoes;shortage or unavailability of labor.supplies.materials.equipment orsystcms; ECGOEITL?re.storm.water.?ooding.negligence of others.vandalssm.power failure.irrstailahon of incompatible equipment.improper operating procedures,source I.'.t.lH'I‘BI't‘I?t.llctuat.ions or lighting.transportation contingencies;laws.statutes.regulations.and other legal requirements. orders or judgements:acts or order of any govenment or agency or officialthereof.other catastrophes or any other similaroccurrences.If perfonnance by either party is delayed due to Force Majeure.the time for performance shalt be extended for a period of time reasonably necessary to overcome the effect of the delay and Convergint shall be emitted to an equitable adiuclmnnl ofthe Price, In lieu of arty Customer insurance requirements.for Services performed in the UnitedStates, Convorgin!shall maintain the following insurance coverages duringthe ten'n of this Algrselrterlf tanduponrequest.shall provide certi?cates orinsurance to the Customer Workers Compensation Statutory Limits Employers Liability $1,000,000 per occurrencwaggmgate Commercial General Liability $1,000,000 peroccurrence 52.000000 general aggregate AutomobileLiability $1,{J00.000 per occurrertceiaggregate Exoesslumbrelia Liability $3.000.t‘:00 peroccurrencelaggregate Commercial General Liabilitypolicy shall name the Customer as “additionalinsured"on a primary/nonccnlnbutory D3525withrespect to liabilityarcing cutol the Services.as applicable.but only tothc extent of liabilitiesfalling withinthe indemnity obtgaticm of Convcngint pursuant to the terms orthisAgreement.Convergint shall not provide toss runs orcopies of Itsinsurance pcities. Convergint shall provide to the Customer no less than thirty {30)days‘notice prior to the lamination or cancellation of any such insurance policy.For services performed in Canada. Convergint shall maintainsimilarlI‘l$llI3flCE coverage dependent upon the local requirements in Canada and upon the insurance available under Convorginfs insurance program.Allrequired insurance coverage shall be reasonable in are circumstances and compliant with local regulations. SECTION 8.INDEMNIFICATION To the fullest extent allowed by law,Convergint shall indemnify and hold Customer harmless from and against claims.damages.losses.and expenses (excludingloss oruse)attributable to bodily ingury.sickness.disease or death.or to destruction 0!tangible property.but cmtyto the extent caused by the negligent acts or omissions of Converginl or Converginfs employees or subcontractors whileon Customers site. If Convergint I5 providing products or services for intrusion detection.detection of speci?c threats to people or property (inducing weapons,gunshot.or drone detection).mass notification.bailistics or explosives protection.or processing of biometric.health.?nancial, or government identi?er data (collectively,‘Special Offerings‘),then to the fullest extent allowed by law (I)Convergints indemni?cation obligations under the Agreement do not apply whatsoever and Convergint and Convergint Related Parties have no liability to Customer for any losses or damages caused by any Special Offerings;and (il)Customer shall indemnify.defend,and hold harmless Convcrlgimand Convergfnt Related Parties, from and against all claims.demands.actions.liabilities.damages.and costs {including reasonable attorneys’fees)relating to Special Offerings provided by Convergtnt .except to the extent of Co-nverginfs gross negligence installing such Special Offerings.Any wavfor of damages or limitation of liabilitycontained in the Agreement and as modi?ed herein shall not apply to Customer's Indemni?cation,hold harmless and defense obligations herein. SECTION 9.UMITATION OF LIABILITY EXCEPT AS PROVIDED HEREIN.TO THE FULLEST EXTENT ALLOWED BY LAW:{#0 IN NO EVENT SHALL EITHER CONVERGINT,CONVERGINTRELATED PARTIES.OR CUSTOMER BE LIABLEUNDER OR IN CONNECTIONWITHTHIS PROPOSAL FOR SPECIAL.INDIRECT.INCIDENTAL.PUNITIVE,LECIUIDATEDOR CONSEOUENHA LDAMAGES,INCLUDINGCOMMERCIALLOSS.LOSS OF USE OR LOSTPROFITS.EVEN IF THAT PARTY HAS BEENADVISEDOF THE POSSIBILITY OF SUCH DAMAGES AND (B) THE AGGREGATE LIABILITYOF CONVERGINT AND CCINVERGINTRELATED PARTIES ARISING OUT OF OR RELATEDTO THIS AGREEMENTSHALLNOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO CONVERGINTUNDERTHISAGREEMENT.THE EXISTENCEOF MORE THANONE CLAIMWILL NOT ENLARGETHIS LIMIT THE LIMITATION SET FORTH IN THIS SECTION SHALLAPPLY WHETHER THE CLAIMIS BASED ON CONTRACT.WARRANTY.TORT (INCLUDING NEGLIGENCE}!OR OTHER LEGALTHEORY all /9' +‘ ~’m mi V: Agenda Item #8.B. 13 Nov 2023 Page 101 of 178 I SECTION10.COMPLIANCEWITH LAW.SAFETY,E SITE CONDITIONS Converglnt agrees to comply with all laws and regulations applicable to its provisionof the Work. Customer wit!comply withallapplicable lawsand agreements applicable to itsuse and operation of the Work.Converglnt shall comply with all safety related laws and regulations and with the safety program orthe Customer.provtcled such program is supplied to Convergint prior to beginningwcrrk. if during the course or its Work.Corwergint encounters conditions at the site that are subsurface,differ materially from what is represented in the contract documents.or otherwise concealed physical‘.conditions.Converrgint shall be entitled to an extension of lime and additional costs for the performance of its work. if Convergint discovers or suspects the presence of hazardous materiaks or unsafe working conditionsat Customers site where the Workis to be performed.Converglnt is entitled.to stop the Workat that siteifsuch hazardous materials.or msafe workingconditionswere not provided‘ by or caused by Convergint.Convergint in its sole discretionshall determine when it is "safe" to retum to perform the Workat Customer's site.Convergintshall have no responsibilityfor the discovery.presence,handling.removing or disposal of or exposure of persons to hazardous materialsin any format the Customers site.To the iulest extent allowed bylaw.Customer shall inderrrnify and hold harmless Convergint from and against claims.damages.losses and expenses.includingbut not limitedto.reasonable attorneys fees.arising out of or resulting from undhclosed hazardous materials or unsafe working conditionsat Customer's site. SECTION 11.PERSONAL DATA &SECURITY Cor:verginl's obligations and liabilities regarding Processing of Personal Data and information security shall be limited solely to Processing performed by Converginfs personnel.Processing.by OElv1s.or Third Party Products are governed by any applicable GEM end user licensing agreements or terms and conditions.Customer represents and warrants that it will comply with all applicable Data Protection Laws.Although certain products delivered by Convergtnt may be capable of processing Biometric lnfonnation. Personal Health Information.?nancial information,or govemmont identi?ers ("Sensitive Information‘).Customer acknowledges that Converglnl is not Processing Sensitive information [or to the extent it is Processing Sensitive Information.it is doing so strictly in accordance with Customer's instructions)and Customer is solely responsible for compliance of all such Processing with Data Protection Laws.To the fullest extent allowed by law,Customer shall indemnify,defend and hold harmless Convergint from and against all claims.demands.actions.liabilities.damages.and costs [including reasonable attorneys‘fees}asserted by a third party arising out of or relating to failure to comply with applicable Date Protechon Laws including but not limited to those related to Sensitive Information.Customer acknowledges it has reviewed Converginfs Privacy Policy available at ."Personal Dara".‘Process(ing)"_.‘Biometric information“.and “Personal Health Information“shall be interpreted in accordance with.and shall include analogous terminology as used in.applicable laws and regulations relating to data privacy.informationsecurity.data protection.data breaches.cross-border data flows. andlorthe rights and obligations of persons orentities regarding personal information (‘Data Protection Laws"). To the extent Convergint provides cybersecurity services.such services are provided ‘as is"without warranties or representations at any kind.whether express or implied. Converginl will follow Customer-speci?ed policies to access {including remotely access) Customer information systems;however.Convergint will not be responsible for technical problems that may occur resulting from Convergint following Customer's Instructions or for information security losses or harms to the extent that they are not due to the fault of Costvarglnt.Customer-authorized changes to Customer information systems are at Customer's ovvn risk and Customer acknowledges it Is responsible for the overall security of its informationsystems. SECTION 12.INTELLECTUALPROPERTY Corwergint shall retain title and ownership of all intellectual property rights relating to the drawings.technical documentation.or other technical information (“Documentation”) delivered under this Agreement.The OEMs shall retain title and ownership of all intellectual property rights relating to the Third Party Products and will grant any license and right to use in connection with the Third Party Product through the 0EM's end user license agreement or other terms and conditions.Customer shall not use any Documemation supplied by Convenglnt for any purposes other than those directly related to this Agreement or for the use andlor maintenance of the Third Party Product. SECTION 13.PRICE ADJUSTMENT Corwargint may automatically adjust the price.with ?ve (5)days priorwritten notice.it based on:(a)changes by its vendors to the cost or materials or Third Party Products to be delivered andfor labor costs related to personnel responsible for performing the Work.(b) macroeconomic conditions.such as taxes.tariffs or duties.natural disasters.labor shortageslstrilres,etc..fc)market conditions such as price volatility or availability limitations.or (d)other events not within Convergirtfs control that impact the cost of performing lI'te Work.The adjustment shall be consistent with appiicabte market indexes. where available.third-party sources or other evidence.Convergint reserves the right to add periodic surcharges,including without limitation.adjustments for the then current price of fuel.such surcharges to be speci?ed and invoiced by Convergint. if a party materially breaches this Agreement.the other party shall provide written notice of the breach and a reasonable time to ctrre the breach.but in no event less than 30 days.If the breaching party fails to cure the breach withinthe speci?ed time period.the non—broar:hingparty may terminate this Agreement upon 15 days written notice to the other party.If Convergint noti?es Customer of a malarial breach pursuant to this paragraph,Corwergint may temporarily suspend itswork withoutliabilityuntilCustomercures the breech. The parties agree that this Agreement shall be governed by the laws of the statelprovince where the work is located,and venue for disputes shall be located in that statelprovince. V4.0 July 2023 Page 2 of2 in the event of any dispute between Convergintand Customer,Convergintand Customershall first attempt to resolve the dispute in the ?eld.but if that is not successful.then in a meeting between authorized officers of each company.It settlement attempts are not sucrxssftri.unless the dispute requires injunclive relief.than the dispute shall be decided exctusively by arbitration .Such arbitrationshall be conducted in accordance with the ConstructionIndustry Arbitratio nRulesoftheArnericanArbitrationAssociation(it the Services are performed in the United States)or ArbitrationRules of the ADRInstituteof Canada,inc.(rtthe Services are performed in Canada)currently in effect by a single arbitratorand shall be a linai binding resolutionof the issues presented between the parties.The prevailing party shall be entitled to recover its reasonable attomeys'fees and costs.Any award by the arbitratormay be entered as a iudgmenl in any court having jurisdiction. SECTION 16.MISCELLANEOUS Theparties have requiredthat thisAgreement be writtenin Englishand have also agreed that all notices or other documents required by or contemplated in this Agreement be written in English.Les pantes ont requls que oette convention sott rédlgée en angtals et cnt égelement convenu que tout avis ou autre document exige aux tonnes des présentes ou découliant (to Fund quelconque do see dispositions sera.prepareen anglais. Any changes to this Agreement shall be in writingsigned by both Customer and Convergint. Inthe event any provision of thisAgreement is held to be invalidor unenforceable.the remaining provisions of this Agreement shall remain in fullforce and effect. Customer waives all claims against Convergint arising from or related to suspension of work pursuant to this Agreement. Customer and Convergint are independent contractors.and nothingin this Agreement creates any agency.joint venture,partnership,or other form ctjo-nt enterprise.employment.or ?duciary relationshipbetween them.Nothing contained in this Agreement shall be deemed to create a relationship of employee or employer between the parties.and neither party shall be entitledto any bene?ts that the other party provides for its own employees.Including workers compensation and unemployment insurance.Each party shall have exclusive control over its own employees.agents.and subcontractors.its labor and employee relations.and its policies relating to wages.hours.workingconditions.or other conditions. Neither party to this Agreement shall assign this Agreement withoutthe priorwritten consent at the other party hereto.Notwithstandingthe foregoing.Corwergint may assign this Agreement withoutnoticeor consent (i)to any of its parents.subsidiariesor al?liatedcompanies or any entity majority owned by Converginl:or (It)in connection with a merger.acquisition. reorganization,sate of all of the equity interests of Ccnvergint.or a sale of all or substantially all of the assets of Converginl to whichthis Agreement relates. Notices shall be in writingand addressed to the other party.in accordance withthe names and addresses of the parties as shown above.Allnotices shallbe effectiveupon receipt by the party to whom the notice was sent. in no event will Convergint be obligated to comply with any project labor agreements or other collectivebargaining agreements. A waiver of the terms hereunder by one party to the other party shall not be effective unless in writing and signed by a person with authority to committhe Customer and Convorgint.No waiver by Customer or Convergint shall operate as a continuouswaiver.unless the written waiver speci?cally states that it is a continuous waiverof the terms stated in that waiver. The Sections regarding invoicing.warranty.indemnity.and disputes shallsurvivethe temrinatrcn of this Agreement. By signing this Agreement.Customer acknowledges that it reviewed the Important Product Safety and Service Informationat. Convoryim echnoicgies Ix SECTION 15.GOVERNING LAW AND DISPUTES SECTION 14.TERMINATIO h 5;!!www.oonve intnomhhermsl Agenda Item #8.B. 13 Nov 2023 Page 102 of 178 PI massm_ Agenda Item #8.B.13 Nov 2023 Page 103 of 178 Agenda Item #8.B.13 Nov 2023 Page 104 of 178 AGENDA ITEM: SUBMITTED BY: TODAY’S DATE: MEETING DATE: BACKGROUND: RECOMMENDATION: ATTACHMENTS: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Resolution No.23-51 approving and accepting the temporary construction easement agreement from Regency»Centers Corporation for temporary non-exclusive easements for construction and related purposes,subject to the respective terms in each easement agreement;authorizing the mayor to execute the easement agreements. Steve Swann,City Engineer October 30,2023 November 13,2023 The City of Atlantic Beach is proposing to construct drainage improvements in the Hopkins Creek drainage ditch,including a box culvert replacement and ditch widening,as part of the Aquatic Gardens drainage improvements project.The Hopkins Creek drainage ditch improvements will be conducted within an existing drainage easement area that is part of the Atlantic Village shopping center owned by Regency Centers Corporation. Equipment and material staging needed for the construction of the proposed improvements in the Hopkins Creek drainage ditch will primarily occur from the Atlantic Village shopping center area adjacent to the drainage ditch.Regency Centers Corporation agreed to a temporary construction easement for the City’s contractor to utilize a portion of their property during construction.This easement must be executed by the Mayor. The City Commission approve Resolution No.23-51 Resolution No.23-51 Exhibit A —Temporary Construction Easement Agreement REVIEWED BY CITY MANAGER: Agenda Item #8.C. 13 Nov 2023 Page 105 of 178 RESOLUTION NO.23-51 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA APPROVING AND ACCEPTING THE TEMPORARY CONSTRUCTION EASEMENT AGREEMENT FROM REGENCY CENTERS CORPORATION FOR TEMPORARY N ON-EXCLUSIVE EASEMENT FOR CONSTRUCTION AND RELATED PURPOSES,SUBJECT TO THE RESPECTIVE TERMS IN THE EASEMENT AGREEMENT;AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT AGREEMENT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City will be constructing improvements in the Hopkins Creek Drainage ditch as part of the Aquatic Gardens drainage improvement project;and WHEREAS,as part of these improvements,expanded easement areas are needed on the Atlantic Village shopping center property owned by Regency Centers Corporation;and WHEREAS,the City requested and Regency Centers Corporation has agreed to grant to the City a temporary non-exclusive easement for staging of construction equipment and construction activities and related purposes,subject to the terms therein. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby approves and accepts the Temporary Construction Easement Agreement with Regency Centers Corporation as set forth in Exhibit A,attached hereto and made a part hereof. 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.The Mayor is hereby authorized to execute the attached Regency Centers Corporation Easement,Exhibit A,and such other documents as may be necessary to effectuate the purpose of this Resolution. SECTION 4.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,this 13”‘day of November,2023. Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: Curtis Ford,Mayor Jason Gabriel,City Attorney Agenda Item #8.C. 13 Nov 2023 Page 106 of 178 °5‘\‘¢\uw /' Pre ared b and Return to: Steve Swann,City Engineer City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL32233 TEMPORARYCONSTRUCTIONEASEMENTAGREEMENT ThisTemporary Construction Easement Agreement (the "Agreement")is made and entered into _day of 2022,(the "Effective Date")by and between REGENCYCENTERSCORPORATIO N("Grantor"),whose mailing address is 1 Independent Drive,Suite 114,Jacksonville,FL32202-5019 and the CITYOF ATLANTICBEACH("Grantee"),whose mailing address is 800 Seminole Road,Atlantic Beach, Florida 32233,with reference to the following recitals of fact: A.Grantor is the owner of that certain property described in the attached Exhibit "A "(hereafter "Property"). B.Grantee is undertaking the construction of drainage improvements in the easement area shown on attached Exhibit "B”(the "|mprovements"). C.Grantee has requested that Grantor provide a Temporary Construction Easement to Grantee over the Property for the purpose of conducting staging of construction equipment and construction activities necessary for installation of a new box culvert at Aquatic Drive,hydraulic enhancements in the drainage ditch and installation of a sheet pile wall. D.Grantor and Grantee are entering into this Agreement to temporarily permit construction activities by Grantee within the Property and to establish the terms and conditions thereof. NOW,THEREFORE,for and in consideration of the terms and conditions set forth in this Agreement,Grantor and Grantee agree as follows: 1.Recitals.The Recitals set forth above are true and correct and shall form a part of this Agreement. 2.Grant of Easement.Grantor hereby grants and conveys unto Grantee a temporary construction easement to enter upon that portion of Grantor's Property as shown on Exhibit"C"attached hereto (the "Easement"),for the purpose of conducting staging of construction equipment and construction activities on the Property to allow for installation of a new box culvert at Aquatic Drive, hydraulic enhancements in the drainage ditch and installation of a sheetpile wall associated with the Improvements. 3.Costs and Condition of Easement.All costs associated with the use within the Easement area shall be borne by Grantee.Grantee shall not damage Grantor's Property or improvements except as may be reasonably necessary to use the Easement for its intended purpose.The Property shall be re-sodded,and any unreasonable damage to the Property shall be repaired by Grantee at Grantee's sole expense.Access to the Grantor's Property from Aquatic Drive will be blocked for no more than one four week period during construction of the new box culvert without Grantor's written consent.Access along 01639366-2 Agenda Item #8.C. 13 Nov 2023 Page 107 of 178 Signed,sealed and delivered GRANTOR: in the presence of: Regency Centers Corporation,a Florida Profit Corporation the northwest corner of Grantor's Property will be attempted to be maintained by Grantor at all times. Should access be temporarily restricted,Grantor shall attempt minimize any disruptions of delivery vehicles requiring access to Grantor’s tenants. 4._'[e_r_m.The Temporary Construction Easement shall be for a term of eighteen (18)months from the commencement of construction.Grantee shall provide written notice to Grantor of said commencement date.In no event shall the term exceed one year from the Effective Date unless the parties agree in writing to extend the term. 5.Warrant of Title.Grantor hereby covenants and warrants that it is lawfully seized of the land where the Easement is located,that it has right and lawful authority to grant and convey the Easement to Grantee,and that it will defend the Easement against the lawful claims of all persons whomsoever. 6.Florida Law-Severabilit -Attorne 5’Fees.This Agreement shall be construed and enforced pursuant to Florida Law.If any provision of this Agreement is determined to be invalid or unenforceable,such provision shall be severed from the remaining provisions of this Agreement and the remaining provisions shall continue to be valid and enforceable.in the event of any litigation between the parties arising out of this Agreement,the prevailing party in such litigation shall be entitled to its attorneys’fees and costs,whether at trial or appellate levels. 7.Entire A reement.This Agreement sets forth the entire understanding of the parties regarding the subject matter hereof.Any prior agreements,representations,understandings,and oral statements regarding the subject matter of this Agreement are merged herein and shall be of no further force or effect between the parties. INWITNESSWHEREOF,Gra ntor and Grantee have caused this Agreement to be executed as of the day and year first above written. WENDIBASSHILL‘NotaryPubllc-State nf Floridaare.69 Commission/I HH315448MyComm.ExpiresNov20,2026BondedthroughNatlonalNotaryAssn. Print name: 9?um»; STATE OF FLORIDA COUNTYOF DUVAL The foregoing instrument was acknowledged before me by mea s of El physi al presence or 1]onlin enotarization,this ____day of __?__,2023,by as of Corey Properties,LLC,who is personally known to me or who has produ ed Page 2 of 6 y: Pat ck Mc mley Se ior Vice President 01639366-2 t name: Agenda Item #8.C. 13 Nov 2023 Page 108 of 178 M N RYPUBLC,State of Florida My Commission expires: Signed,sealed and delivered GRANTEE: in the presence of: as identification. STATE OF FLORIDA COUNTYOF DUVAL The foregoing instrument was acknowledged before me by means of El physical presence or D online notarlzation,this __day of ,2023,by as of City of Atlantic Beach,Florida,,who is personally known to me or who has produced as identification. NOTARYPUBLIC,State of Florida My Commission expires: Page 3 of 6 016393662 CITYOF ATLANTIC BEACH,FLORIDA Print name: Printed Name: Print name:Its: Agenda Item #8.C. 13 Nov 2023 Page 109 of 178 01639365»? ..'3 “I I l I \I I I‘ ..“‘',i_,'1 T = _ 1 ;LQmm?$&g&@;sg? .»3'— T_" » é’.‘x ‘:4’,lg ..; H I _1; ..L~5.-E *‘ ""!I'Ii !2i?q!!|.u rmrr or nawmx:\\\ 5., W I;!9‘ u _;.. I _,..—e—" I % ' -~r:.::.'-'- W_=‘r..1=-'‘E’,"’—I '.7,2‘,I .-2 C'\3.5-.’‘I _-1,l ' /1/1A"‘J‘:--2—,r—:—..-’."‘.'i'.‘,.:-:'..«‘'--:_‘:1-3E.141 ‘__...._.........mm"51"’.4mm1caouu.vA.w........-....4. 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CDIITNN8 I5,DI I SQUARE FEET.NONE OR LESS SOWMESTGORNER 40 0.11 axaI.’4an::2:sI __ S11’31'05"E GEIIERALIIOIES S78’26‘{WW \“'69 1.min :3 nm ABOUNDARV sukvav 4000 2.THE BEARINGS NIB OOORDPIATE SYSTEM IJVILIZEOHEREOIIIS REMTIVET0 \WAOHOVMBANKNA D.R.EK5&11PG 7085 Terry Burden.Florida PSM #5261IIaIvaIIa \mhouI The DigitalSignet":OI A FloridaUcunsed Surveyor 6.Mnpptr THE FLORIDASTATE FUIIE COORDINATESYSTEM.NORTH ZONE.NORTH AHERICNI DATUM Of 19”.2011 ADJUSTMENT.A5 DERIVED BY REAL-TIUE KINEIMTICGLOBN.PCBIIIONINOSYSTEMFRTKSP8‘!SURVEYMETHODSU-SING THE PUBUC FLORIDA DEPARTMENT OF TRAHSFORTRTIDWS FLORIDA PERM!-HEM REFERENCE NEWWRK (‘FPI'IIF.I.THE CORRECTED PD$!I‘IOII$ COMPUTED BY THESE NETWDNJCSVIEHEVERIFIED THROUGH A REDUIIDNICV OF UEASUREI‘-IENISON PRIMNIYCONTROLALONGWITHCONSISTEIIT IIGIZOPITAL CHECKS TD SECONDARYCOIITROL.ALLDISTANCESSHWWINEREOII ARE IN U5. SUIWEYFEEI. PIDV 17750-$0100 RIGHTOF WAY ATLANTICH I VD REVISIONI»mJIB‘2022 -REVISEDEASMENT8-DE$CRlPTlOII PERCLIENTSnmuesn ‘ IIYUA PROJECT No:19-2945PE] SURVEY DATE:10I05/2021 CHECKEDBY:R.FL|NT DRAWNav:CMUNDIS FIELDWORK:NM F8:NIA PAGE’.1 PG.:NIA OF I Page 5 of 601639366-2 Agenda Item #8.C. 13 Nov 2023 Page 111 of 178 E)zF:l| BlT " MATE§lAL&EQUIPME STORAGE AREA ,BOX CULVERT REPLACEMENTAREA GeOE7‘:“I:|'iIl:rf£)a':r‘]|E|':7:-|ti:I;‘:t::c:S‘:/stemCIIe 1.5%Temporary Construction Easement Area Page 6 of 6016393664 SHt:ET PILE INSTALLATIONARE Agenda Item #8.C. 13 Nov 2023 Page 112 of 178 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 2ndStreet (RE #170834 0000). SUBMITTED BY:Amanda Askew,Director of Planning and Community Development TODAY’S DATE:November 1,2023 MEETING DATE:November 13,2023 BACKGROUND:Changes to the FLUM and zoning map required two (2) public hearings (readings of ordinances). Commission approved first read of the ordinances on October 23'“and this is the second read of the ordinances.No changes have been requested or made after the approval of ?rst read for this property. Request for a (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). The subject property,0 W 2ndStreet,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 2ndStreet 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 n_otpermitted within the RG zoning Agenda Item #9.A. 13 Nov 2023 Page 113 of 178 61 W 2"‘St (Oceanside Colllslon}‘.7 41 w2'-Is:I’ {Oceanside Collision) district.Earlier this year,the property owner installed a fence and pavement without a permit which 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 Residential Zoning Commercial Zoning 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 2ndStreet)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 Change Zoning and FLUM from Residential to Commercial _T...I‘A ._:,_... Property Location (0 W 2"‘St) 61 W2" loceansl Collision Agenda Item #9.A. 13 Nov 2023 Page 114 of 178 HISTORY: Oceanside Collision acquired O,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 2ndStreet 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 they remain otherwise lawful and in compliance with the provisions 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. 13 Nov 2023 Page 115 of 178 .983neruai L993herfai Property is being W099???555597 9usedtostorevehiclesU594F05W8Vehicle O W 2'‘Street *'~?‘,-1 '6 '4 0 W 2"Street I:‘.43-:I-9: ANALYSIS &REVIEW In considering a FLUM amendment application,Policy A.1.3.l 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 de?ciency of commercial or industrial lands within the City to serve the needs of residents of the City for such uses. Additionally,Policy A.l.13.4 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; ((1)The potential for adverse impacts to Environmentally Sensitive Areas,the natural environment 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. 51 W2‘st faegansldu roman)61WZ"’61 W2“‘ Propertyis vacant Agenda Item #9.A. 13 Nov 2023 Page 116 of 178 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.1.11.1 (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. 13 Nov 2023 Page 117 of 178 (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 signi?cant 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-l6 (COMP23-0002 )and Ordinance No.90-23-251 (REZN23-0002) ATTACHMENT(S):Ordinance No.3 1-23-1 6 Ordinance No.90-23-251 Dra?CDB minutes Application from applicant REVIEWED BY CITY MANAGER: Agenda Item #9.A. 13 Nov 2023 Page 118 of 178 u 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 ?nds 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, annearance-convenience-and general welfare of the public:and implement the goals and obiectives of the Comprehensive Plan;and WHEREAS,the lands subject to this change in Future Land Use Map designation were developed in the 1940s through the 1970s and included commercialuses prior to the City's adoptionof the first 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 ?om 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 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. 13 Nov 2023 Page 119 of 178 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 from Residential Medium (RM)to Commercial (CM). SECTION 3.Future Land Use Ma Revised.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 ?'om 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 determinations or parts thereof previously adopted or entered by the City or any of its officials 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 13th day of November, 2023. as to form and correctness: Donna L.Bartle,City Clerk Approved Jason Gabriel,City Attorney CITY OF ATLANTIC BEACH Curtis Ford,Mayor Attest Agenda Item #9.A. 13 Nov 2023 Page 120 of 178 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. 13 Nov 2023 Page 121 of 178 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 obj ectives 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 with the 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 construction or site alteration. Agenda Item #9.A. 13 Nov 2023 Page 122 of 178 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 23rdday of October,2023. PASSED by the City Commission on second and ?nal reading this 13”‘day November 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. 13 Nov 2023 Page 123 of 178 Exhibit A The lands subject to this Ordinance No.90-23-251 changing their zoning district designation ?'om 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. 13 Nov 2023 Page 124 of 178 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 (F LUM)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.3]-23-16)-Deferred from August 15"‘ Agenda Item #9.A. 13 Nov 2023 Page 125 of 178 MOTION:To recommend APPROVAL of COMP23-0002 and REZN23-0002 on the grounds that it could be consistent with the Comp Plan. 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 Officer 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 ?oor 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 con?icts 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 Agenda Item #9.A. 13 Nov 2023 Page 126 of 178 JenniferLagner Angela Falford Kirk Hansen Harold Gear Ellen Golombek (Seconded By) Jeff Haynie (Moved By) Richard Arthur F or 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 property line.Director Askew said it is 2 feet off of the property 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 ?oor to public comment.There were no public comments. BOARD DISCUSSION:Chair Hansen said he would like to see the variance approved contingent on the FLUM 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 F atford For Hansen For Community Development Board (CDB) September 19,2023 Page 3 of 7 Motion passed 4 to 3. Agenda Item #9.A. 13 Nov 2023 Page 127 of 178 For For For For For For For Harold Gear For Ellen Golombek For JejfHaynie (Moved By)For Richard Arthur Against 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 the October 17th meeting. Motion:Harold Gear Second:Ellen Golombek JenniferLagner Angela F atford Kirk Hansen Harold Gear (Moved By) Ellen Golombek (Seconded By) Je?Hayn ie Rich ard Arth ur 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.F arford 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 Agenda Item #9.A. 13 Nov 2023 Page 128 of 178 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.F igallo 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.Figallo 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.Figallo 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 constmction of improvement upon the property Motion:Angela F arford 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)(1)at 981 Sail?sh Drive. Community Development Board (CDB) September 19,2023 Page 5 of 7 Agenda Item #9.A. 13 Nov 2023 Page 129 of 178 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 stormwater 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 Farford Second:Harold Gear JenniferLagner For Angela Fatford(Moved By)For Kirk Hansen For Harold Gear (Seconded By)For Ellen Golombek For Jejfllaynie For Richard Arth ur For 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 Agenda Item #9.A. 13 Nov 2023 Page 130 of 178 Attest: Amanda Askew Kirk Hansen,Chair Community Development Board (CDB) September 19,2023 Page 7 of 7 Agenda Item #9.A. 13 Nov 2023 Page 131 of 178 A7+.,,,.H 9 II). NAME ADDRE LOT (L/?ic)3}Iédf?}\g.mi(/rc'ai<55U/5@ £01Zmo>:/ _ am 1;]w .1»j//«701/3 71 044 7 )<}7l/‘J10KC/\/L 3.133]9m;in 07;; £L,»,/ STATE ZIPCODE CELL# EMAK PHONE REZONING APPLICATION FOR INTERNALOFFICEUSEONLY City of Atlantic Beach pERMrr#(nI’Zn2:kg% Community Development Department 800 Seminole Road Atlantic Beach,FL32233 [3 $55o_oo zoning Map Amendment (P)904-247-5800 |:|$1,000.00 Text Amendment PROVIDE ALLOF THE FOLLOWINGINFORMATION: 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 justification 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 0wner(s)or AuthorizedAgent SITE INFORMATION ADDRESS suamvusuon ac *BLOCK RE#7 ‘ -0 0 LOT/PARCELSIZE ,'2,'t__0.5 zoumscons COMPREHENSNEPLANFUTURELANDUSEDESIGNATION REQUESTEDPROVISIONSFROMWHICHWAIVERISSOUGHT D DAT State of Cog of ./ Notary Signature My Commission expires 3/?ak 3/IX.71/1} Identi?cation veri?ed: Oath Sworn:D Yes /‘/ SIGN TU OFAPPLIC .‘Nu IGNATU OF APPLICANT(2) Signed and sworn before me on this day of PRINTORTYPENAM ORTYPENAM 21 REZONINGAPPLICATION02.28. ‘Eh’?ff»1§?".‘~".§".‘L“‘.‘!“'_'.‘.Z’.'._‘_“i1‘_"“"""___..." ___.,TON!GINDLESPERGER%MYCOMM|SS!ON #GG353178 ,,_,,EXPIRES:0c1ober6.2023 ?y F\—‘.’-“'BondedThruNoleryPublicUndenvr?ars APPLICANTINFORMATIO Agenda Item #9.A. 13 Nov 2023 Page 132 of 178 42/1/M ;’/{J A’;/Anllé624 /c BLOCK#1 LOT#I L TOTALACREAGE .1 ZONINGCODE FLOODZONE FUTURE LAND USE MAP (FLUM)AMENDMENT ro NALop;:1c5u5;_=om_y City of Atlantic Beach FILE#3.922:-L Community Development Department 800 Seminole Road Atlantic Beach,FL32233 (p)go4,247-53oo SMALL SCALEDEVELOPMEN T SITE INFORMATION ADDRESS CITY STATE ZIPCODE SUBDIVISEON 35 “ RE#I70 3 » CURRENTFLUMDESIGNATION PROPOSEDFL"JMDESIGNATION APPLIC NTINFORMATION PHONE# CELL# it cc-/5 0“of )’ar‘-3"»3"k‘e/9 “H J’g Am‘6337 ”“ »/Km! 5.rdIJ-31$171‘; I 907-372‘0éé7 WW inc’;{Inc}909’SM 07.7. 1;o-1!}.31133 ADDRESS CITY 0 STATE ZIPCODE EMAIL D OWNER El LEGALAUTHORIZEDAGENT REQUESTFORFUTURELANDUSE MAP (FLUM]AMENDMENT:Applicants are advised that approval of an amendment to the Future Land Use Map does not constitute approval for issuance of any permit or Development Order.Use and development lands relatedto this land use map amendment,if approved,and any zoning change shall be subject to compliance with all applicable local Land Development Regulations,any State and Federal permitting requirements as well as Florida Building Code requirements for Category "C'construction. PROVIDEALLOF THE FOLLOWINGINFORMATION DESCRIPTIONOF PROPOSEDUSE ANDPROPOSEDDEVELOPMENTACTIVITY(ALSOINCLUDEANTICIPATEDDEVELOPMENT/INDANY PHASINGSCHEDULE). IDENTIFYALLPUBLICAND PRNATESERVICEPROVIDERSOF WATER,SEWER,ELECTRIC,SOLIDWASTE,ETC.PROVIDEESTIMATESOF WATER,SEWERANDSOLIDWASTEDEMAND. IDENTIFYANYOTHERENVIRONMENTALLYSENSITIVELANDS.ANYLISTEDOR ENDANGEREDSPECIESOR HABITAT IDENTIFYANYOTHERENVIRONMENTALLYSENSITIVELANDS,ANYLISTEDOR ENDANGEREDSPECIESOR HABITAT 22 FUTURELANDUSEAMENDMENT-SMALL02.28. NUMBEROF WETLANDACRE NAM ...f.I PARCELSIZ Agenda Item #9.A. 13 Nov 2023 Page 133 of 178 are/‘JT QULTH H Notary Signature My Commission expires I]Yes x __TONIGINDLESPERGE RMYcommssaou#GG353178 EXPIRES:Odober6,2023 'BondedThruNo! ary__P?': 22 FUTURELANDUSEAMENDMENT-SMALL02.28.2023 State of County of Lhhtbllsl-\can 6. 7. 8. APPLICATIONPACKAGE CHECKLIST *Additionalinformationmay be required,depending upon circumstances unique to individualapplications .COVERPAGE:Identifyingthe project...TABLEOFCONTENTS:Include a list of all exhibits and attachments. STATEMENT:Statement addressing need and justification for requested amendment. APPLICATION:Thisform completed in it's entirety. LISTOF ADJACENTPROPERTYOWNERS 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 s u match the order in which the names a r on the li t. PROOFOF OWNERSHIP:Deed or certi?cate by lawyer or abstract or title company that veri?es record owner as above. LEITEROF AUTHORIZATION:lfthe 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. SURVEYANDLEGALDESCRIPTION:Current survey and legal description of property sought to be rezoned. 9.LOCATIONMAP:General location map with property subject to application clearly identi?ed. 10.SITE PLAN: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 industrial uses 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 0000000 ‘I1 REQUIREDNUMBEROF COPIES:One (1)digital copy -additional paper copy is optional 12.APPLICATIONFEE:$250.00 I HEREBYCERTIFYTHAT ALLINFORMATIONPROVIDEDIS CORRECT:Signature of Property Owneris)or AuthorizedAgent 1 GNATURuOF APPLICA PRINTOR TYPENAME DAT SIGNATUREOF APPLICANT(2)PRINTOR TYPENAME DATE Signed and sworn before me on this day of Identi?cationveri?ed: Oath Sworn ESTIMATEDIMPACTTOADOPTEDLEVELOF SERVICESTANDARDSA5 ESTABLISHEDBYTHECAPITALIMPROVEMENTSELEMENTOFTH EEFFECTNECOMPREHENSIVEPLAN. Agenda Item #9.A. 13 Nov 2023 Page 134 of 178 ‘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 Prepared By:I Record &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 ’Zlh"%ayofJuly,2021,by 41 WEST 2ND ST LLC,a Florida limited iiability 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 "Grantcrs“),to Oceanside Collision LLC whose post office 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 sufiiciency 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 1/2 of Lot 6,Block 26,Section "B"Atiantic Beach,a subdivision according to the plat thereof recorded at Plat Book 18,Page 34,in the Public Records of Duval county,Fiorida. Parcel 2: The West 1l2 of Lot 6 and ail of Lot 7,Block 28,Section "H"Atlantic Beach,a subdivision according to the plat thereof recorded at Plat Book 18,Page 34,irrthe Public Records of Duval County,Florida. Parcel 3: Lots 1 and 2,Block 81,Section "H"Atiantic Beach,a subdivision according to the plat thereof recorded at Plat Book 18,Page 34,in the Public Records of Duval County,Florida. Parcel Identification No.:170732-0000,170834-0000 and 170733-0000 TOGETHER WITH all the easements,tenements,hereditaments,and appurtenances thereunto belonging or in anywise appertaining. TO HAVE ANDTO HOLD,the same in fee simple forever. Agenda Item #9.A. 13 Nov 2023 Page 135 of 178 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 DEFEND the same against the lawful claims and demands of all persons ciaiming 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 officer on the day and year first above written. Signed sealed.and delivered in the presence of: 41 WEST 2ND ST LLC.a Florida limited A liabiiitycompany Print Name:5j’?~,"xx;g,\/‘.,«:2’ ’/J W BY:»--L~/"*'~ P’am.M:‘'5.F7»-'AtillioP.Cerqueiaza Manager _ ’,~. BY: E L17" Catherine L.Cerqueira Manager APC JAX.LLC,a Florida limited liability company /‘#5’ /¢/%--~5‘.'.w"*__,»-""'\..»-’;:""___.‘V’ €=:’3"7asr'2".w5'w’w‘-*»”5£- //h BY‘.,/’0 Print ame:""‘-‘-«L-I .B.«k.,-AtillioP.Cerqu ra 1”’ Manager ..r'="*‘”’ —-:/€/s.‘‘**’CLC JAX,LLC,aFIondaIImIted o'$5rintName:z?waffgg I-1/'wrv’—’riabilitycompany /cwI 2% Catherine L.Cerqueira Manager Print Name: .w..........,,_,_.___ OR BK 19841 PAGE 563 Agenda Item #9.A. 13 Nov 2023 Page 136 of 178 OR BK 19841 PAGE 564 STATE OF FLORIDA COUNTY OF DUVAL The foregoing special warranty deed was acknowledged before me by means of£_<_physical presence or online notarization this 2'-2-"3day of July,2021,by AtillioP.Cerqueira,as Manager of 41 WEST 2ND ST LLC,a Florida limited liability company,and as Manager of APC JAX,LLC,a Florid alimitedliabilitycompany,who produced a valid Florida drivers‘license as identi?cation. CHARLESR.wooo otary Public * ' * Comn1lsa|on#GG97D899 1,- ExplrosMarch11,2024 b /’5,.,«-no 5*/C/“rs?cal *°PF‘—“%°°““°”‘“”°““9°‘"““"a""'°°’Notary Printed or Typed Name ’§__/if/12929 My Commission Expires: STATE OF FLOR1DA COUNTYOF DUVAL The foregoing special warranty deed was acknowledged before me by means of X physical presence or online notarization this :2,2"‘*"dayofJuly,2021,by Catherine L.Cerqueira.as Manager of 41 WEST 2ND ST LLC,a Florida limited liability company,and as Manager of CLC JAX,LLC.a Florida limited liabilitycompany,who produced a valid Florida drivers‘license as identi?cation. No ry Public ARLESR.WOOD _c:~'_‘3'-'3'.’f"/c-c°?:1m}g5§D|'|#GG97°8g9NotaryPrinted or Typed Name *I l=_xplresMarch11.2024 4&0r\,<§$‘°BmmdTmuBuWi1"°””s°~ms ,. F My Commission Expires: Agenda Item #9.A. 13 Nov 2023 Page 137 of 178 ‘I Detail by Entity Name Florida Limited Liability Company OCEANSIDECOLLISION,LLC Em9 Document Number L14000064727 FEIIEINNumber 46-5435805 Date Filed 04/21/2014 Effective Date 04/21/2014 State FL status ACTIVE Egiugipal Adgrggg 41 W.2ND ST ATLANTICBEACH,FL 32233 Mailinsmlrineg 41 W 2ND ST ATLANTIC BEACH,FL 32233 ROOKS,HAROLDJ 41 W 2ND ST ATLANTICBEACH.FL 32233 smm Name 8.Address Title MANAGERMEMBER ROCKS,HAROLD J 41 W.2ND ST ATLANTICBEACH,FL 32233 Annuat?emtini Report Year Flled Date 2021 01/05/2021 2022 01/05/2022 2023 01/03/2023 httpszlisearch.sunbiz.oIgI|nquirylcorporationsaarch(SearohResuItDetai|?inquirytype=En?tyName8-diradlionType=|nitia|1/2 Doggment lmaga D£Q.°i_fU_T'.2nLQI.§‘@1§I JM_*si9;mf.Qm2_Qtal‘_c;n_aI$I §§arr.IJ_mLE11?£yJSamzz , 7 '7/14/23,9:37AM Detail by Entity Name Dmsxoru or-‘CORPORATION Agenda Item #9.A. 13 Nov 2023 Page 138 of 178 D322 FLORIDA LIMITEDL|AB|Ll‘I'Y COMPANYANNUAL EP R FILED DOCUMENT#L14000064727 Jan 03.2023 Entity Name:OCEANSIDE COLLISION.LLC S°°'°'a'V °f state 212965260266 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 Certi?cate of status Desired:No Name and Address of Current Registered Agent: ROCKS.HAROLDJ 41 W 2ND ST ATLANTICBEACH.FL 32233 US SIGNATURE: ElectronicSignature of Registered Agent Authorized Person(s)Detail : Ti?e MANAGERMEMBER Name ROOKS,HAROLDJ Address 41 W.2ND ST City-State-Zip:ATLANTICBEACH FL 32233 Ihslebycsrtllytfrsfrhelnahrma?blvlndlcatedanthisrapartm-supplamentalmponlsmlsandauunareandmatmyeleczrunicsignaiumnhslllmva?xea- ameiegale?sctastfmadeundoroaih.-thauamamanagthgmamborormanagerolmonmneduabl?tyeanrpanyarme nsnelmrnrlmstsa empowemdmexeeute misraponasraquked by Cl1aptar6O5,Florida SMuts.s-and ?aatnynwmappeamabcvaormmauadimemwrma?ovver?kemwpmmemd. SIGNATURE:HAROLD ROOKS OWNERI PRESIDENT 01/03/2023 Electmnic Signature of Slgnlng Authorized Person(s)Detail Data The above named entity submits this statement for the purpose of changing its registered office or registered agent,arbour,in the State of Florida. Date Agenda Item #9.A. 13 Nov 2023 Page 139 of 178 Agenda Item #9.A.13 Nov 2023Page 140 of 178 Agenda Item #9.A.13 Nov 2023Page 141 of 178 {\Agenda Item #9.A.13 Nov 2023Page 142 of 178 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 2ndStreet (RE #170834 0000). SUBMITTED BY:Amanda Askew,Director of Planning and Community Development TODAY’S DATE:November 1,2023 MEETING DATE:November 13,2023 BACKGROUND:Changes to the FLUM and zoning map required two (2) public hearings (readings of ordinances). Commission approved first read of the ordinances on October 23'“and this is the second read of the ordinances.No changes have been requested or made after the approval of ?rst read for this property. Request for a (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). The subject property,0 W 2ndStreet,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 2ndStreet 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 n_otpermitted within the RG zoning Agenda Item #9.B. 13 Nov 2023 Page 143 of 178 61 W 2"‘St (Oceanside Colllslon}‘.7 41 w2'-Is:I’ {Oceanside Collision) district.Earlier this year,the property owner installed a fence and pavement without a permit which 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 Residential Zoning Commercial Zoning 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 2ndStreet)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 Change Zoning and FLUM from Residential to Commercial _T...I‘A ._:,_... Property Location (0 W 2"‘St) 61 W2" loceansl Collision Agenda Item #9.B. 13 Nov 2023 Page 144 of 178 HISTORY: Oceanside Collision acquired O,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 2ndStreet 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 they remain otherwise lawful and in compliance with the provisions 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. 13 Nov 2023 Page 145 of 178 .983neruai L993herfai Property is being W099???555597 9usedtostorevehiclesU594F05W8Vehicle O W 2'‘Street *'~?‘,-1 '6 '4 0 W 2"Street I:‘.43-:I-9: ANALYSIS &REVIEW In considering a FLUM amendment application,Policy A.1.3.l 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 de?ciency of commercial or industrial lands within the City to serve the needs of residents of the City for such uses. Additionally,Policy A.l.13.4 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; ((1)The potential for adverse impacts to Environmentally Sensitive Areas,the natural environment 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. 51 W2‘st faegansldu roman)61WZ"’61 W2“‘ Propertyis vacant Agenda Item #9.B. 13 Nov 2023 Page 146 of 178 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.1.11.1 (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. 13 Nov 2023 Page 147 of 178 (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 signi?cant 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-l6 (COMP23-0002 )and Ordinance No.90-23-251 (REZN23-0002) ATTACHMENT(S):Ordinance No.3 1-23-1 6 Ordinance No.90-23-251 Dra?CDB minutes Application from applicant REVIEWED BY CITY MANAGER: Agenda Item #9.B. 13 Nov 2023 Page 148 of 178 u 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 ?nds 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, annearance-convenience-and general welfare of the public:and implement the goals and obiectives of the Comprehensive Plan;and WHEREAS,the lands subject to this change in Future Land Use Map designation were developed in the 1940s through the 1970s and included commercialuses prior to the City's adoptionof the first 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 ?om 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 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. 13 Nov 2023 Page 149 of 178 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 from Residential Medium (RM)to Commercial (CM). SECTION 3.Future Land Use Ma Revised.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 ?'om 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 determinations or parts thereof previously adopted or entered by the City or any of its officials 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 13th day of November, 2023. as to form and correctness: Donna L.Bartle,City Clerk Approved Jason Gabriel,City Attorney CITY OF ATLANTIC BEACH Curtis Ford,Mayor Attest Agenda Item #9.B. 13 Nov 2023 Page 150 of 178 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. 13 Nov 2023 Page 151 of 178 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 obj ectives 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 with the 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 construction or site alteration. Agenda Item #9.B. 13 Nov 2023 Page 152 of 178 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 23rdday of October,2023. PASSED by the City Commission on second and ?nal reading this 13”‘day November 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. 13 Nov 2023 Page 153 of 178 Exhibit A The lands subject to this Ordinance No.90-23-251 changing their zoning district designation ?'om 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. 13 Nov 2023 Page 154 of 178 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 (F LUM)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.3]-23-16)-Deferred from August 15"‘ Agenda Item #9.B. 13 Nov 2023 Page 155 of 178 MOTION:To recommend APPROVAL of COMP23-0002 and REZN23-0002 on the grounds that it could be consistent with the Comp Plan. 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 Officer 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 ?oor 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 con?icts 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 Agenda Item #9.B. 13 Nov 2023 Page 156 of 178 JenniferLagner Angela Falford Kirk Hansen Harold Gear Ellen Golombek (Seconded By) Jeff Haynie (Moved By) Richard Arthur F or 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 property line.Director Askew said it is 2 feet off of the property 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 ?oor to public comment.There were no public comments. BOARD DISCUSSION:Chair Hansen said he would like to see the variance approved contingent on the FLUM 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 F atford For Hansen For Community Development Board (CDB) September 19,2023 Page 3 of 7 Motion passed 4 to 3. Agenda Item #9.B. 13 Nov 2023 Page 157 of 178 For For For For For For For Harold Gear For Ellen Golombek For JejfHaynie (Moved By)For Richard Arthur Against 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 the October 17th meeting. Motion:Harold Gear Second:Ellen Golombek JenniferLagner Angela F atford Kirk Hansen Harold Gear (Moved By) Ellen Golombek (Seconded By) Je?Hayn ie Rich ard Arth ur 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.F arford 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 Agenda Item #9.B. 13 Nov 2023 Page 158 of 178 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.F igallo 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.Figallo 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.Figallo 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 constmction of improvement upon the property Motion:Angela F arford 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)(1)at 981 Sail?sh Drive. Community Development Board (CDB) September 19,2023 Page 5 of 7 Agenda Item #9.B. 13 Nov 2023 Page 159 of 178 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 stormwater 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 Farford Second:Harold Gear JenniferLagner For Angela Fatford(Moved By)For Kirk Hansen For Harold Gear (Seconded By)For Ellen Golombek For Jejfllaynie For Richard Arth ur For 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 Agenda Item #9.B. 13 Nov 2023 Page 160 of 178 Attest: Amanda Askew Kirk Hansen,Chair Community Development Board (CDB) September 19,2023 Page 7 of 7 Agenda Item #9.B. 13 Nov 2023 Page 161 of 178 A7+.,,,.H 9 II). NAME ADDRE LOT (L/?ic)3}Iédf?}\g.mi(/rc'ai<55U/5@ £01Zmo>:/ _ am 1;]w .1»j//«701/3 71 044 7 )<}7l/‘J10KC/\/L 3.133]9m;in 07;; £L,»,/ STATE ZIPCODE CELL# EMAK PHONE REZONING APPLICATION FOR INTERNALOFFICEUSEONLY City of Atlantic Beach pERMrr#(nI’Zn2:kg% Community Development Department 800 Seminole Road Atlantic Beach,FL32233 [3 $55o_oo zoning Map Amendment (P)904-247-5800 |:|$1,000.00 Text Amendment PROVIDE ALLOF THE FOLLOWINGINFORMATION: 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 justification 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 0wner(s)or AuthorizedAgent SITE INFORMATION ADDRESS suamvusuon ac *BLOCK RE#7 ‘ -0 0 LOT/PARCELSIZE ,'2,'t__0.5 zoumscons COMPREHENSNEPLANFUTURELANDUSEDESIGNATION REQUESTEDPROVISIONSFROMWHICHWAIVERISSOUGHT D DAT State of Cog of ./ Notary Signature My Commission expires 3/?ak 3/IX.71/1} Identi?cation veri?ed: Oath Sworn:D Yes /‘/ SIGN TU OFAPPLIC .‘Nu IGNATU OF APPLICANT(2) Signed and sworn before me on this day of PRINTORTYPENAM ORTYPENAM 21 REZONINGAPPLICATION02.28. ‘Eh’?ff»1§?".‘~".§".‘L“‘.‘!“'_'.‘.Z’.'._‘_“i1‘_"“"""___..." ___.,TON!GINDLESPERGER%MYCOMM|SS!ON #GG353178 ,,_,,EXPIRES:0c1ober6.2023 ?y F\—‘.’-“'BondedThruNoleryPublicUndenvr?ars APPLICANTINFORMATIO Agenda Item #9.B. 13 Nov 2023 Page 162 of 178 42/1/M ;’/{J A’;/Anllé624 /c BLOCK#1 LOT#I L TOTALACREAGE .1 ZONINGCODE FLOODZONE FUTURE LAND USE MAP (FLUM)AMENDMENT ro NALop;:1c5u5;_=om_y City of Atlantic Beach FILE#3.922:-L Community Development Department 800 Seminole Road Atlantic Beach,FL32233 (p)go4,247-53oo SMALL SCALEDEVELOPMEN T SITE INFORMATION ADDRESS CITY STATE ZIPCODE SUBDIVISEON 35 “ RE#I70 3 » CURRENTFLUMDESIGNATION PROPOSEDFL"JMDESIGNATION APPLIC NTINFORMATION PHONE# CELL# it cc-/5 0“of )’ar‘-3"»3"k‘e/9 “H J’g Am‘6337 ”“ »/Km! 5.rdIJ-31$171‘; I 907-372‘0éé7 WW inc’;{Inc}909’SM 07.7. 1;o-1!}.31133 ADDRESS CITY 0 STATE ZIPCODE EMAIL D OWNER El LEGALAUTHORIZEDAGENT REQUESTFORFUTURELANDUSE MAP (FLUM]AMENDMENT:Applicants are advised that approval of an amendment to the Future Land Use Map does not constitute approval for issuance of any permit or Development Order.Use and development lands relatedto this land use map amendment,if approved,and any zoning change shall be subject to compliance with all applicable local Land Development Regulations,any State and Federal permitting requirements as well as Florida Building Code requirements for Category "C'construction. PROVIDEALLOF THE FOLLOWINGINFORMATION DESCRIPTIONOF PROPOSEDUSE ANDPROPOSEDDEVELOPMENTACTIVITY(ALSOINCLUDEANTICIPATEDDEVELOPMENT/INDANY PHASINGSCHEDULE). IDENTIFYALLPUBLICAND PRNATESERVICEPROVIDERSOF WATER,SEWER,ELECTRIC,SOLIDWASTE,ETC.PROVIDEESTIMATESOF WATER,SEWERANDSOLIDWASTEDEMAND. IDENTIFYANYOTHERENVIRONMENTALLYSENSITIVELANDS.ANYLISTEDOR ENDANGEREDSPECIESOR HABITAT IDENTIFYANYOTHERENVIRONMENTALLYSENSITIVELANDS,ANYLISTEDOR ENDANGEREDSPECIESOR HABITAT 22 FUTURELANDUSEAMENDMENT-SMALL02.28. NUMBEROF WETLANDACRE NAM ...f.I PARCELSIZ Agenda Item #9.B. 13 Nov 2023 Page 163 of 178 are/‘JT QULTH H Notary Signature My Commission expires I]Yes x __TONIGINDLESPERGE RMYcommssaou#GG353178 EXPIRES:Odober6,2023 'BondedThruNo! ary__P?': 22 FUTURELANDUSEAMENDMENT-SMALL02.28.2023 State of County of Lhhtbllsl-\can 6. 7. 8. APPLICATIONPACKAGE CHECKLIST *Additionalinformationmay be required,depending upon circumstances unique to individualapplications .COVERPAGE:Identifyingthe project...TABLEOFCONTENTS:Include a list of all exhibits and attachments. STATEMENT:Statement addressing need and justification for requested amendment. APPLICATION:Thisform completed in it's entirety. LISTOF ADJACENTPROPERTYOWNERS 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 s u match the order in which the names a r on the li t. PROOFOF OWNERSHIP:Deed or certi?cate by lawyer or abstract or title company that veri?es record owner as above. LEITEROF AUTHORIZATION:lfthe 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. SURVEYANDLEGALDESCRIPTION:Current survey and legal description of property sought to be rezoned. 9.LOCATIONMAP:General location map with property subject to application clearly identi?ed. 10.SITE PLAN: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 industrial uses 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 0000000 ‘I1 REQUIREDNUMBEROF COPIES:One (1)digital copy -additional paper copy is optional 12.APPLICATIONFEE:$250.00 I HEREBYCERTIFYTHAT ALLINFORMATIONPROVIDEDIS CORRECT:Signature of Property Owneris)or AuthorizedAgent 1 GNATURuOF APPLICA PRINTOR TYPENAME DAT SIGNATUREOF APPLICANT(2)PRINTOR TYPENAME DATE Signed and sworn before me on this day of Identi?cationveri?ed: Oath Sworn ESTIMATEDIMPACTTOADOPTEDLEVELOF SERVICESTANDARDSA5 ESTABLISHEDBYTHECAPITALIMPROVEMENTSELEMENTOFTH EEFFECTNECOMPREHENSIVEPLAN. Agenda Item #9.B. 13 Nov 2023 Page 164 of 178 ‘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 Prepared By:I Record &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 ’Zlh"%ayofJuly,2021,by 41 WEST 2ND ST LLC,a Florida limited iiability 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 "Grantcrs“),to Oceanside Collision LLC whose post office 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 sufiiciency 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 1/2 of Lot 6,Block 26,Section "B"Atiantic Beach,a subdivision according to the plat thereof recorded at Plat Book 18,Page 34,in the Public Records of Duval county,Fiorida. Parcel 2: The West 1l2 of Lot 6 and ail of Lot 7,Block 28,Section "H"Atlantic Beach,a subdivision according to the plat thereof recorded at Plat Book 18,Page 34,irrthe Public Records of Duval County,Florida. Parcel 3: Lots 1 and 2,Block 81,Section "H"Atiantic Beach,a subdivision according to the plat thereof recorded at Plat Book 18,Page 34,in the Public Records of Duval County,Florida. Parcel Identification No.:170732-0000,170834-0000 and 170733-0000 TOGETHER WITH all the easements,tenements,hereditaments,and appurtenances thereunto belonging or in anywise appertaining. TO HAVE ANDTO HOLD,the same in fee simple forever. Agenda Item #9.B. 13 Nov 2023 Page 165 of 178 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 DEFEND the same against the lawful claims and demands of all persons ciaiming 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 officer on the day and year first above written. Signed sealed.and delivered in the presence of: 41 WEST 2ND ST LLC.a Florida limited A liabiiitycompany Print Name:5j’?~,"xx;g,\/‘.,«:2’ ’/J W BY:»--L~/"*'~ P’am.M:‘'5.F7»-'AtillioP.Cerqueiaza Manager _ ’,~. BY: E L17" Catherine L.Cerqueira Manager APC JAX.LLC,a Florida limited liability company /‘#5’ /¢/%--~5‘.'.w"*__,»-""'\..»-’;:""___.‘V’ €=:’3"7asr'2".w5'w’w‘-*»”5£- //h BY‘.,/’0 Print ame:""‘-‘-«L-I .B.«k.,-AtillioP.Cerqu ra 1”’ Manager ..r'="*‘”’ —-:/€/s.‘‘**’CLC JAX,LLC,aFIondaIImIted o'$5rintName:z?waffgg I-1/'wrv’—’riabilitycompany /cwI 2% Catherine L.Cerqueira Manager Print Name: .w..........,,_,_.___ OR BK 19841 PAGE 563 Agenda Item #9.B. 13 Nov 2023 Page 166 of 178 OR BK 19841 PAGE 564 STATE OF FLORIDA COUNTY OF DUVAL The foregoing special warranty deed was acknowledged before me by means of£_<_physical presence or online notarization this 2'-2-"3day of July,2021,by AtillioP.Cerqueira,as Manager of 41 WEST 2ND ST LLC,a Florida limited liability company,and as Manager of APC JAX,LLC,a Florid alimitedliabilitycompany,who produced a valid Florida drivers‘license as identi?cation. CHARLESR.wooo otary Public * ' * Comn1lsa|on#GG97D899 1,- ExplrosMarch11,2024 b /’5,.,«-no 5*/C/“rs?cal *°PF‘—“%°°““°”‘“”°““9°‘"““"a""'°°’Notary Printed or Typed Name ’§__/if/12929 My Commission Expires: STATE OF FLOR1DA COUNTYOF DUVAL The foregoing special warranty deed was acknowledged before me by means of X physical presence or online notarization this :2,2"‘*"dayofJuly,2021,by Catherine L.Cerqueira.as Manager of 41 WEST 2ND ST LLC,a Florida limited liability company,and as Manager of CLC JAX,LLC.a Florida limited liabilitycompany,who produced a valid Florida drivers‘license as identi?cation. No ry Public ARLESR.WOOD _c:~'_‘3'-'3'.’f"/c-c°?:1m}g5§D|'|#GG97°8g9NotaryPrinted or Typed Name *I l=_xplresMarch11.2024 4&0r\,<§$‘°BmmdTmuBuWi1"°””s°~ms ,. F My Commission Expires: Agenda Item #9.B. 13 Nov 2023 Page 167 of 178 ‘I Detail by Entity Name Florida Limited Liability Company OCEANSIDECOLLISION,LLC Em9 Document Number L14000064727 FEIIEINNumber 46-5435805 Date Filed 04/21/2014 Effective Date 04/21/2014 State FL status ACTIVE Egiugipal Adgrggg 41 W.2ND ST ATLANTICBEACH,FL 32233 Mailinsmlrineg 41 W 2ND ST ATLANTIC BEACH,FL 32233 ROOKS,HAROLDJ 41 W 2ND ST ATLANTICBEACH.FL 32233 smm Name 8.Address Title MANAGERMEMBER ROCKS,HAROLD J 41 W.2ND ST ATLANTICBEACH,FL 32233 Annuat?emtini Report Year Flled Date 2021 01/05/2021 2022 01/05/2022 2023 01/03/2023 httpszlisearch.sunbiz.oIgI|nquirylcorporationsaarch(SearohResuItDetai|?inquirytype=En?tyName8-diradlionType=|nitia|1/2 Doggment lmaga D£Q.°i_fU_T'.2nLQI.§‘@1§I JM_*si9;mf.Qm2_Qtal‘_c;n_aI$I §§arr.IJ_mLE11?£yJSamzz , 7 '7/14/23,9:37AM Detail by Entity Name Dmsxoru or-‘CORPORATION Agenda Item #9.B. 13 Nov 2023 Page 168 of 178 D322 FLORIDA LIMITEDL|AB|Ll‘I'Y COMPANYANNUAL EP R FILED DOCUMENT#L14000064727 Jan 03.2023 Entity Name:OCEANSIDE COLLISION.LLC S°°'°'a'V °f state 212965260266 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 Certi?cate of status Desired:No Name and Address of Current Registered Agent: ROCKS.HAROLDJ 41 W 2ND ST ATLANTICBEACH.FL 32233 US SIGNATURE: ElectronicSignature of Registered Agent Authorized Person(s)Detail : Ti?e MANAGERMEMBER Name ROOKS,HAROLDJ Address 41 W.2ND ST City-State-Zip:ATLANTICBEACH FL 32233 Ihslebycsrtllytfrsfrhelnahrma?blvlndlcatedanthisrapartm-supplamentalmponlsmlsandauunareandmatmyeleczrunicsignaiumnhslllmva?xea- ameiegale?sctastfmadeundoroaih.-thauamamanagthgmamborormanagerolmonmneduabl?tyeanrpanyarme nsnelmrnrlmstsa empowemdmexeeute misraponasraquked by Cl1aptar6O5,Florida SMuts.s-and ?aatnynwmappeamabcvaormmauadimemwrma?ovver?kemwpmmemd. SIGNATURE:HAROLD ROOKS OWNERI PRESIDENT 01/03/2023 Electmnic Signature of Slgnlng Authorized Person(s)Detail Data The above named entity submits this statement for the purpose of changing its registered office or registered agent,arbour,in the State of Florida. Date Agenda Item #9.B. 13 Nov 2023 Page 169 of 178 Agenda Item #9.B.13 Nov 2023Page 170 of 178 Agenda Item #9.B.13 Nov 2023Page 171 of 178 {\Agenda Item #9.B.13 Nov 2023Page 172 of 178 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH,FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,2022 AND ENDING SEPTEMBER 30,2023,AND PROVIDING AN EFFECTIVE DATE. STAFF REPORT City of Atlantic Beach Commission Meeting SUBMITTED BY: TODAY’S DATE: MEETING DATE: BACKGROUND: Brittany Percell,Director of Finance November 8,2023 November 13,2023 Local Governments have up to 60 days after the end of a ?scal year to amend the recently ended ?scal year’s budget.The budgets of seven funds needed to be amended/adjusted. General Fund Section 2-313 of the City Code allows for transfers of appropriations between general classi?cations of expenditures within an office,department or agency.It does not allow for transfers between on office,department or agency to another,it has to be transferred by ordinance.This is the case within the General Fund,there is no change in the overall budget,but there are three departments that need additional funds;City Manager,Finance and Public Works.The majority of the adjustments are needed in the personnel sections of those departmental budgets due to personal leave payouts.The funds needed were subtracted from another department within the General Fund resulting in a $0 change in the overall General Fund budget. Court Cost Trainin Fund This amendment appropriates additional funds for the Public Safety training expenses line item. AGENDA ITEM:ORDINANCE NO.20-23-170 Agenda Item #9.C. 13 Nov 2023 Page 173 of 178 This amendment appropriates additional funds for the interest expense line item. Ca ital Pro'ects Fund This amendment appropriates additional funds for Public Works infrastructure expenses related to projects on Donner Road. General Em lo ees’Pension Fund This amendment appropriates additional funds for service retired pay and drop pay de?ned benefit plan line items. Sewer Fund BUDGET: American Rescue Plan Act Fund Funds were received in August 2022 but were not spent prior to year-end of FY 2022.Therefore,funds were classi?ed as unearned revenue.Funds were spent in FY 2023 and should now be recognized as revenue. Sanitation Fund The City contracted with a new waste hauler Vendor which the cost is more than was budgeted.Additionally,there has been fuel cost adjustments due to the high fuel prices this year and an increase in commercial dumpsters. Additional funds are needed to cover a July,August and September invoices. General Fund -$0 Court Cost Training Fund -$9,066 increase in expenditures Capital Projects Fund -$72,139 increase in expenditures General Employees’Pension Fund -$492,598 increase in revenues $492,598 increase in expenditures Sewer Fund -$3,386 increase in expenditures American Rescue Plan Act Fund -$4,328,427 increase in revenues Sanitation Fund -$221,357 increase in expenditures Agenda Item #9.C. 13 Nov 2023 Page 174 of 178 RECOMMENDATION:Commission discuss and pass Ordinance 20-23-170 on first reading ATTACHMENT:Ordinance 20-23-170 BY CITY MANAGER: Agenda Item #9.C. 13 Nov 2023 Page 175 of 178 ORDINANCE NO.20-23-170 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH,FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,2022 AND ENDING SEPTEMBER 30, 2023,AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level,and WHEREAS,the nature of budgetary systems and those day-to-day decisions affecting such budgetary systems require adjustments from time-to-time,and WHEREAS,the City is amending the operating budget to add net funds totaling $0 in the General Fund;$9,066 in the Court Cost Training Fund;$72,139 in the Capital Projects Fund;$0 in the General Employees’Pension Fund;$3,386 in the Sewer Fund;$4,328,427 in the American Rescue Plan Act Fund and $221,357 in the Sanitation Fund for Various expenditures. WHEREAS,the City of Atlantic Beach did not include the funding for these expenditures in the original adoption of the Fiscal Year 2023 Annual Operating Budget and therefore must amend the budget to recognize additional revenue in the American Rescue Plan Act Fund;and to have suf?cient amounts within the General,Court Cost Training,Capital Projects,General Employees’Pension,Sewer and Sanitation Funds in order to fund the expenditures. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA that: SECTION 1.The Fiscal Year 2022/2023 Operating Budget is hereby amended as follows: GENERAL FUND Expenditures: General Government/Buildin Maintenance Other Contractual Services $(55,3 69) Repair &Maintenance (5,927) Cit Mana er Special Pay 28,566 Finance Special Pay 32,087 Public Works Overtime Total Expenditures: Ordinance No.20-23 -170 Page 1 of 3 64 Agenda Item #9.C. 13 Nov 2023 Page 176 of 178 $9,066 Expenditures: Public Works Infrastructure Fund Balance: Expenditures: Training Fund Balance: COURT COST TRAINING FUND $3,386 Expenditures: KEY Interest Fund Balance: Revenues: MSSB Investment Expenditures: Service Retired Pay Drop Pay De?ned Bene?t Plan Fund Balance: $492,598 $82,929 409 669 $22 Revenues: Federal Grant $4 328 427 §4,;2§,4;7 Expenditures: Other Contractual Services/Pick Up &Haul Contract 33 221,357 §g22;,;§zg SANITATION FUND Fund Balance: Fund Balance: Ordinance No.20-23-170 Page 2 of 3 SEWER FUND AMERICAN RESCUE PLAN ACT FUND CAPITAL PROJECTS FUND $72,139 GENERAL EMPLOYEES’PENSION FUND 721 966 Agenda Item #9.C. 13 Nov 2023 Page 177 of 178 SECTION 2.This ordinance shall take effect immediately upon adoption. PASSED by the City Commission on first reading this 13”‘day of November 2023. PASSED by the City Commission on second and ?nal reading this 27thday of November 2023. Approved as to form and correctness: Ordinance No.20-23-170 Page 3 of 3 Jason Gabriel City Attorney Donna L.Bartle City Clerk Curtis Ford Mayor ATTEST: Agenda Item #9.C. 13 Nov 2023 Page 178 of 178