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Agenda Packet 4-8-13CITY OF ATLANTIC BEACH CITY COMMISSION MEETING April 8, 2013 - 6:30 PM Call to order Invocation and pledge to the flag 1. A. Approve the minutes of the Regular Commission Meeting of March 25, 2013. B. Approve the minutes of the Commission Briefing of March 21, 2013. 2. Courtesy of Floor to Visitors A. Jacksonville Electric Authority (JEA)- Presentation of check for Energy Rebate. 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report for February 2013 and List of New Businesses for March 2013. B. Renew the continuing engineering services contracts with Applied Technology & Management, Connelly & Wicker, and Bowen Civil Engineering and authorize the City Manager to sign the contracts for the city. C. Authorize staff to begin negotiations with the top - ranked firm, Edwards Engineering, for engineering services for the Stormwater Improvements for East Coast Drive. D. Authorize the City Manager to sign the Agreement with the Jacksonville Emergency Preparedness Division. 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 13 -05 (Mayor Borno) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RELATING TO THE NORTHEAST FLORIDA REGIONAL COUNCIL AND THE 2013 UPDATE TO ITS STRATEGIC REGIONAL POLICY PLAN; PLEDGING SUPPORT FOR REGIONAL COOPERATION AND THE COMMON POLICY FRAMEWORK PROVIDED BY THE UPDATED STRATEGIC REGIONAL POLICY PLAN AND PROVIDING AN EFFECTIVE DATE. 1 7. Action on Ordinances A. ORDINANCE NO. 25-13-43, Public Hearing and Final Reading AN ORDINANCE BY THE CITY COMMISSION AMENDING THE CITY OF ATLANTIC BEACH CODE OF ORDINANCES TO REPEAL CHAPTER 8 FLOOD HAZARD AREAS; TO ADOPT A NEW CHAPTER 8 FLOODPLAIN MANAGEMENT ORDINANCE; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. B. ORDINANCE NO. 60- 13 -18, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES, ARTICLE I, IN GENERAL, SEC. 17 -2, DEFINITIONS, AND ARTICLE II, SIGNS PERMITTED, SEC. 17 -26, EXEMPT SIGNS, TO PROVIDE FOR THE NUMBER AND SIZE OF FLAGS, AND PROVIDING AN EFFECTIVE DATE. C. ORDINANCE NO. 5-13-58, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2 -16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR ONE (1) REGULAR MEETING AND ONE (1) SCHEDULED WORKSHOP PER MONTH, AND PROVIDING AN EFFECTIVE DATE. D. ORDINANCE NO. 20-13-122, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE 8. Miscellaneous Business A. Presentation of scope for Police Building review (Mayor Borno) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, April 5, 2013. 2 To the Atlantic Beach City Commission Meeting We will conduct meetings of the City Commission with a level of civility and respect that the democratic process deserves. This allows for better public input and supports making the best decisions for the citizens who we are here to serve. We ask that everyone in the meeting practice the following principles of Respect for each other. Refrain from putdowns, criticism and personal attacks Encourage others to state their views Support each other, even if you don't agree Practice active listening Express yourself assertively, not aggressively, not submissively Collaborate, do not compete or collude Trust each other, unless and until such trust is violated The New Managers Toolkit: 21 Things You Need to Know MINUTES REGULAR CITY COMMISSION MEETING March 25, 2013 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno Commissioner Mark Beckenbach Commissioner Carolyn Woods ABSENT: Commissioner Jonathan Daugherty Mayor Pro Tem. Maria Mark City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Call to Order/Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Mayor Bomo gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. Approve the minutes of the Regular Commission Meeting of March 11, 2013. B. Approve the minutes of the Commission Briefing of March 7, 2013. Mayor Bomo asked if there were any corrections to the above minutes and there being none, he stated the minutes will stand as submitted. 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. He stated there were three proclamations but there was no one here to receive two of them. A. Proclamation declaring May 5 through May 11, 2013 as Municipal Clerks Week. Mayor Borno read the proclamation declaring May 5 through May 11, 2013 as Municipal Clerks Week and presented it to City Clerk Donna Bartle, congratulating her and her staff. Ms. Bartle thanked him for his support and recognition and for allowing her to further her education. She stated she has really good staff and this goes to them as well. B. Proclamation declaring April 9, 2013 as National Service Recognition Day. C. Proclamation declaring the month of April as Child Abuse Prevention Month. Mayor Borno further stated the other proclamations were in recognition of National Service Day coming up and also declaring the month of April as Child Abuse Prevention Month and they will see that they get to the appropriate agencies. Mayor Borno welcomed the audience and explained the process for public comments. John November, 647 Beach Avenue, thanked River Branch Preserve Foundation stating they were blessed to have someone so generous to know the value of our natural resources in this community and come to our aid to make that a reality. He stated Mr. Parks told him if they had not gone to him this year, he was going to March 25 2013 REGULAR COMMISSION MEETING Page 2 put a contract for sale this January to put a house on that property. He stated the fact that they avoided that and continue the integrity and pristine nature and quality of our marshes is fantastic. He stated Public Works has done a fantastic job putting in some new amenities. He further discussed acquiring the tract of land, Bennett's Landing, to add as an entrance to Tideviews Preserve. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. Mayor Borno welcomed two boy scouts in the audience who are working on their merit badge. 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. Mr. Hanson explained that Commissioner Daugherty was not here tonight due to his mother having emergency surgery which called him out of state. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Building Department Monthly Activity Report and the Utility Sales Report for February 2013. Mayor Borno read the Consent Agenda. _Motion: Approve Consent Agenda Item A as read. Moved by Beckenbach, Seconded by Woods Votes: Aye: 3 — Borno, Beckenbach, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 25-13-43, Introduction and First Reading AN ORDINANCE BY THE CITY COMMISSION AMENDING THE CITY OF ATLANTIC BEACH CODE OF ORDINANCES TO REPEAL CHAPTER 8 FLOOD HAZARD AREAS; TO ADOPT A NEW March 25.2013 REGULAR COMMISSION MEETING Page 3 CHAPTER 8 FLOODPLAIN MANAGEMENT ORDINANCE; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 25 -13 -43 by title. Motion: Adopt the attached Floodplain Management Ordinance revisions as recommended by the State of Florida Division of Emergency Management and the Community Development Board and approve Ordinance No. 25 -13 -43 as read. Moved by Woods, Seconded by Borno Mayor Borno summarized the Ordinance. Michael Griffin further explained the Ordinance, stating as a part of the City's participation in the National Floodplain Insurance Program and because we will be adopting new maps this June, we are required to revamp our Ordinance so it is compatible with the Florida Building Code. He stated there are no changes in the current ordinance but when it is brought back for the second reading there will be some formatting changes to the numbering and they will add our website into the ordinance. He answered questions from the Commission. Votes: Aye: 3 — Borno, Beckenbach, Woods Nay: 0 MOTION CARRIED B. ORDINANCE NO. 60-13-18, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES, ARTICLE I, IN GENERAL, SEC. 17 -2, DEFINITIONS, AND ARTICLE II, SIGNS PERMITTED, SEC. 17 -26, EXEMPT SIGNS, TO PROVIDE FOR THE NUMBER AND SIZE OF FLAGS, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 60 -13 -18 by title. Motion: Approve Ordinance No. 60 -13 -18 as read. Moved by Woods, Seconded by Beckenbach Mayor Borno summarized the Ordinance and the background on the flag issue. Mr. Hanson added that the City Attorney has proposed an amendment exempting the size of the American flag on City buildings and in City parks. Motion: Amend the motion to include the new verbiage as submitted on Section 17 -26 (which is attached and made part of this Official Record as Attachment A). Moved by Woods, Seconded by Borno Votes: Aye: 3 — Borno, Beckenbach, Woods Nay: 0 MOTION CARRIED March 25, 2013 REGULAR COMMISSION MEETING Page 4 Mayor Borno called for a vote on the amended motion. Votes: Aye: 3 — Borno, Beckenbach, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. (Public Hearing) Authorizing purchase of River Branch Property. Mr. Hanson summarized the staff report, stating there will be a closing on the property tomorrow morning and if the Commission approves this they need to authorize the Mayor to sign the related documents at the closing. Motion: Approve the purchase of the property for a total cost of $103,243.00 and authorize the Mayor to execute the necessary documents on behalf of the City. Moved by Woods, Seconded by Beckenbach Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Commissioner Woods stated this was a wonderful gift to the community and everyone is very grateful and appreciative. Votes: Aye: 3 — Borno, Beckenbach, Woods Nay: 0 MOTION CARRIED B. Videotaping Commission Meetings. (City Manager) Mr. Hanson summarized Mr. Randich's staff report. He stated the next step is for the Commission to authorize the preparation of a budget amendment to get this done in the current fiscal year. He stated staff understood that the Commission wants to go to the multi - camera system, which will provide the better quality video for the public's use and explained the cost for this system. He stated if the Commission wants to proceed they will need a budget amendment for both the capital at $31,000 and operating cost through the rest of the year at $4,675 and staff will have that ready for a first reading at the next meeting. Motion: Authorize staff to prepare a budget ordinance to provide for $31,000 in capital and $4,675 ($935 x 5 months) in operating costs to implement this project. Moved by Woods, Seconded by Beckenbach Mayor Borno stated he was in favor of this because it takes away the ability to have misinformation and they are held accountable. He stated he believes if they are going to do it they should do it right the first time. Commissioner Beckenbach stated he believes this is an excellent opportunity for the citizens to have more open government than we have had before and is pleased to be a part of giving everyone the opportunity to see how Atlantic Beach conducts their business. March 25, 2013 REGULAR COMMISSION MEETING Page 5 Discussion ensued. Votes: Aye: 3 — Borno, Beckenbach, Woods Nay: 0 MOTION CARRIED C. Pay and Classification Study Update. Mr. Hanson explained this was discussed in the strategic workshops and it was concluded the City should get a pay and benefits study done so it could be considered with the budget for the upcoming year. He stated this report is to get the Commission to also put that in the upcoming budget amendment. He stated our HR Director was able to piggyback with the consultant who just completed a similar study for Jacksonville Beach so the cost would be $7,500, which would look at both pay and benefits. Motion: Authorize Cody Associates to conduct a Pay and Classification Study update at an estimated cost of $7,500 and authorize the City Manager to enter into and sign appropriate documents. Moved by Borno, Seconded by Beckenbach Mayor Borno further explained this scope of work will include point factor job evaluation system, position evaluation and review of current descriptions, salary surveys, market pricing, fringe benefit analysis, review of pay grades and salary structure, and review of compliance with Fair Labor Standards Act. He stated this report will include compensation methodology and recommendations. Commissioner Beckenbach stated he received a letter from a citizen questioning whether or not this was just going to be government positions that would be reviewed or whether it would be both private and public positions. He stated in order to know what the private competition is, they should incorporate into this not only public but also private. Mr. Hanson stated they will be looking at the private sector also, explaining that it depends on the job, so they will get information from both sectors. Discussion ensued. Votes: Aye: 3 — Borno, Beckenbach, Woods Nay: 0 MOTION CARRIED 9. City Manager A. City Manager's Report. None. 10. Reports and /or requests from City Commissioners and City Attorney Commissioner Woods ® Gave a shout out to Donna Kaluzniak for having the water loss go down. 0 Happy Easter. March 25 2013 REGULAR COMMISSION MEETING Page 6 Mayor Borno ® Recognized and thanked the representatives who were here from River Branch. ® Reported on his trip to Tallahassee for the Florida League of Cities Legislative Action Days. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 7:08 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mike Borno Mayor/Presiding Officer ATTACHMENT A ORDINANCE NO. 60 -13 -18 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES, ARTICLE I, IN GENERAL, SEC. 17- 2, DEFINITIONS, AND ARTICLE II, SIGNS PERMITTED, SEC. 17 -26, EXEMPT SIGNS, TO PROVIDE FOR THE NUMBER AND SIZE OF FLAGS, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: The following definitions contained in Sec. 17 -2, Definitions, of the Code of Ordinances of the City of Atlantic Beach, Florida, are hereby amended to read as follows: "Flag: A piece of cloth or similar material having a distinctive size, color, and design used as a symbol, standard, signal and other similar items of recognition and may include insignias of governmental, religious, charitable, fraternal or other organizations. Any flag and pole or attachment that frequently holds a flag shall be deemed a permanent flag. This front.^ of flag shall no include the flag of the united States of n Y, erie " "Sign: Any identification, description, illustration, or device illuminated or non - illuminated, which is visible from any outdoor place, open to the public and which directs attention to a product, service, placed, activity, person, institution, or business thereof, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, flfa , placard, designed to advertise, identify, or convey information, with the exception of customary window displays, official public notices and court markers required by federal, state or local regulations; also excepting, newspapers, leaflets and books intended for individual distribution to members of the public, attire that is being worn, badges, and similar personal gear. "Sign" shall also ineode ^11 outdoor advertising displays as deseribed in See4ion 3 109. 1. 1, Florida Building Code, and Building Code." "Sign permit: A development permit authorizing erection, placement or installation of a sign as permitted by this chapter in accordance with the requirements of Section 3104 of the Flofid Building Code an article V of this chapter." SECTION 2: Sec. 17 -26, Exempt Signs, of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to add a new subsection (14) under paragraph (b) to read as follows: "(14) Not more than two (2) flags per development parcel, but if there are two 2) flags then one (1) must be the flag of the United States of America. A development parcel with more than one (1) principal structure may have two (2) flags for each principal structure with more than 5,000 square feet of fully enclosed floor area . Each flag shall not exceed twenty -four (24) square feet in area; however, this size limitation shall not apply to United States of America flags at public buildings and parks." SECTION 3. This Ordinance shall take effect immediately upon its final passage and adoption. 2013. PASSED by the City Commission on first reading this day of PASSED by the City Commission on second and final reading this day of , 2013. ATTEST: DONNA L. BARTLE City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney LOUIS BORNO, JR. Mayor, Presiding Officer Ordinance No. 60 -13 -18 Page 2 of 2 Minutes of Commission Briefing March 21, 2013 Present: Mayor Mike Borno, Mayor Pro Tern Maria Mark, Commissioners Mark Beckenbach and Jonathan Daugherty, City Manager Jim Hanson, Human Resource Director Sue Danhauser, one reporter and one citizen. Commissioner Carolyn Woods was absent. The meeting was called to order in the Commission Chamber at 3:02 pm. Subjects discussed included several items on the Agenda for the upcoming Commission meeting on March 25, 2013, as follows, with Mr. Hanson reporting on each item: 1. Commission Meeting March 25, 2013 • 7B — Ordinance on the number and size of flags allowed • 8A — Purchase of property to add to River Branch Preserve • 8B — Videotaping commission meetings • 8C — Pay and Classification Study 2. Agenda for Meeting on April 8th. The City Manager stated he did not normally go over the agenda for meetings farther in the future except the one for the Monday following the agenda briefing. The list of items that were coming up on the April 8th meeting caused it to be unusual and he wanted to review it with the City Commissioners. Items scheduled for that meeting are as follows: Impasse hearing of the Blue Collar Union. Because of the concern over the time that it would take for this item, it was decided that a special meeting would be scheduled for 5:30 pm on April 8th so that this item could be handled before the regular meeting. • Presentation of the audit for FY 11 -12. The City Manager indicated he may ask the auditor to delay presenting this to the City Commission until the following meeting th because of the lengthy agenda for the meeting on April 8 • Ordinance to change the meeting schedule (deferred from 3/11/13 meeting) • Recommendations to amend the Animal Control Ordinance, particularly with reference to dangerous dogs. There was a discussion about this item and, because of the crowded agenda for the April 8th meeting, Commissioners requested that it be delayed for presentation until the next meeting on April 22 °d Award annual resurfacing contract. B Approve consultant to design East Coast Drive draining project. • Budget amending ordinance for the pay study and videotaping (1St reading) ® Flag Ordinance (2 "d reading) ® Floodplain Management Ordinance (2 °d reading) 3. Discussion about the need to schedule the next pre - agenda workshop. Even though the ordinance to change the meeting schedule to eliminate the need for these pre- agenda workshops was deferred until the meeting on April 8th, there would still be one more pre - agenda workshop if the Commission followed the normal schedule. Consequently, a consensus was reached to schedule the next pre- agenda workshop on Thursday, April 0 at 3 pm. 4. Public Input; Mitch Reeves was the only citizen who spoke. He recommended that everyone stand at the pre- agenda workshop which would make the workshops go faster. 5. Code Enforcement Complaints dealing with the Dagley junkyard. Commissioner Daugherty asked the City Manager for a brief summary of the City's actions and response to complaints received earlier this week about cars and possible pollution in and around the Dagley junkyard. 6. Commissioner Daugherty reported that he had met earlier this week with developers for the Selva Marina Golf Course and raised issues of concern about pedestrian access, automobile access, meeting Atlantic Beach building codes and the overall traffic impact in Atlantic Beach, and particularly at the five -way stop intersection. There was no further business and the meeting was adjourned at 3:50 pm. Jim Hanson, City Manager Mike Borno, Mayor Fund City of Atlantic Beach AGENDA ITEM # 4A FINANCIAL REPORT APRIL 8, 2013 February 2013 Cash Balances Prior 01/31/13 Current 02/28/13 Dollar Percent Change Change General $8,074,639 $7,648,928 ($425,711) -5.27% Tree Replacement 6,493 6,493 0 0.00% Convention Development Tax 45,947 57,244 11,297 24.59% Local Option Gas Tax 150,447 169,506 19,059 12.67% Better Jax 1/2 Cent Sales Tax 201,548 232,890 31,341 15.55% Police Training, Forfeiture, Grants, etc. 153,147 169,717 16,570 10.82% Community Development Block & ARRA Grants 24,398 23,875 (524) -2.15% Debt Service 28,509 34,504 5,995 21.03% Capital Projects 2,779,578 2,785,918 6,339 0.23% Utility 5,292,407 5,252,691 (39,715) -0.75% Sanitation 696,171 692,784 (3,388) -0.49% Building Code Enforcement 89,416 91,471 2,056 2.30% Storm Water 1,394,928 1,442,434 47,506 3.41% Pension - Police 13,034 3,134 (9,901) - 75.96% Pension - General 197,023 233,794 36,771 18.66% Subtotal Total $19,147,685 $18,845,382 ($302,303) -1.58% Total Restricted Cash $7,980,635 Total Unrestricted Cash $10,864,747 Cash and Investments Annual Prior Current Dollar Percent Account Yield 01/31/13 02/28/13 Change Change Bank of America - Depository Columbia US Government MTG A Eaton Vance Government Obligations A Loomis Investment Grade Bond A Loomis Sayles Limited Gov an Agency Lord Abbett Income A Delaware Diversified Income Fund Lord Abbett Short Duration Fund Invesco Corporate Bond A Pioneer Strategic Income A Legg Mason WA Cash Reserve Fund Nuveen Total Return Bond Fund A MSSB Money Market/Cash SBA - Florida Prime Cash on Hand Police Pension Investments General Pension Investments * Denotes the 30 day SEC Yield Anualized 0.25% $3,324,908 $2,973,805 ($351,102) - 10.56% 1.69% * 1,000,223 1,003,541 3,318 0.33% 1.62% * 1,313,273 1,319,312 6,039 0.46% 2.47% * 1,529,246 1,525,764 (3,482) -0.23% 1.50% * 995,973 997,666 1,693 0.17% 3.55% * 1,512,583 1,523,619 11,036 0.73% 2.25% * 1,686,613 1,693,272 6,658 0.39% 2.27% * 1,011,965 1,014,982 3,017 0.30% 2.44% * 1,872,942 1,886,670 13,728 0.73% 3.56% * 1,904,700 1,911,581 6,880 0.36% 0.01% * 1,001,180 1,001,274 94 0.01% 3.84% 1,987,910 1,987,726 (184) N/A 0.00% 2,691 2,691 0 N/A 0.25% 328 328 0 0.12% 0.00% 3,150 3,150 0 0.00% Subtotal 19,147,685 18,845,382 (302,303) -1.58% 7,201,786 7,266,401 64,615 0.90% 12,992,068 13,041,365 49,297 0.38% Subtotal 20,193,854 20,307,766 113,912 0.56% Total $39,341,539 $39,153,148 ($188,391) -0.48% City of Atlantic Beach AGENDA ITEM # 4A FINANCIAL REPORT APRIL 8, 2013 February 2013 Revenues Fund / (Footnote) Annual Estimate YTD - 42% of Estimate YTD Actual Dollar Variance Percent Variance General (1) $10,994,301 $4,580,959 $6,375,368 $1,794,409 39.17% Convention Development Tax 70,000 29,167 36,097 6,930 23.76% Local Option Gas Tax 433,655 180,690 178,419 (2,271) -1.26% Better Jax 1/2 Ct Sales Tax 657,738 274,058 284,966 10,909 3.98% Police Training, Forfeiture & Grants, etc. 109,860 45,775 58,741 12,966 28.33% Grants - (3) 108,866 45,361 68,960 23,600 52.03% Debt Service 71,900 29,958 29,741 (217) -0.73% Capital Projects 5,000 2,083 7,052 4,969 238.50% Utility - (4) 8,610,929 3,587,887 3,382,915 (204,972) -5.71% Sanitation 1,814,950 756,229 755,632 (597) -0.08% Building Code Enforcement - (5) 282,600 117,750 127,194 9,444 8.02% Storm Water 1,097,430 457,263 464,927 7,665 1.68% Pension - Police (2) 1,233,745 514,060 381,078 (132,982) - 25.87% Pension - General (2) 2,174,392 905,997 800,636 105,361 - 11.63% Total $27,665,366 $11 Analysis of Major Variances $12,951,726 $1,424,491 (1) The positive variance in the General Fund is mostly a result of having received property taxes. Those taxes began to arriving in November. The bulk of the receipts came in December. Also included is the receipt of the donation for the land purchase. (2) The $132,982 negative variance in the Police Employee Pension Fund & the $105,361 negative variance in the General Employee Pension Fund resulted from changes in market values of the investments of less than the assumed amount.. (3) Grant revenues are higher than the budget because C.D.B.G. grant proceeds related to last year's grant expenditures were received this year. (4) Utility sales were well under budget for Year to Date through February for both Water and Sewer. Base charges are below budget by about 4% and volume sales are below projections by about 14% in water and 8% in sewer. (5) Building Permit fee revenues are running 9% above projections. 12.36% City of Atlantic Beach FINANCIAL REPORT AGENDA ITEM APRIL 8, 2013 3 February 2013 4A SIT= Department / (Footnote) Annual Estimate YTD - 42% of Estimate YTD Actual Dollar Variance Percent Variance Governing Body $42,645 $17,769 $16,952 $817 4.60% City Administration 2,376,735 990,306 941,031 49,275 4.98% General Government (2) 811,922 338,301 548,661 (210,360) - 62.18% Planning and Building 443,666 184,861 169,126 15,735 8.51% Public Safety (1,5 ) 5,592,274 2,330,114 1,914,336 415,778 17.84% Recreation and Special Events 397,376 165,573 163,733 1,840 1.11% Public Works (3) 6,078,591 2,532,746 1,830,283 702,463 27.74% Public Utilities (4) 9,351,075 3,896,281 4,215,155 (318,874) -8.18% Pension - Police 653,056 272,107 280,619 (8,512) -3.13% Pension - General 789,485 328,952 362,721 (33,769) - 10.27% Total $26,536,825 $11,057,010 $10,442,617 $614,393 Annual YTD - 42% YTD Dollar Percent Resource Allocation Estimate of Estimate Actual Variance Variance Personnel Services (5) Operating Expenses (2) Capital Outlay (1) & (2) Debt Service (4) Transfers Total $9,549,191 $3,978,830 $3,570,546 $408,284 10.26% 10,156,097 4,231,707 3,626,890 604,817 14.29% 2,987,867 1,244,945 919,693 325,252 26.13% 2,519,412 1,049,755 1,773,714 (723,959) - 68.96% 1,324,258 551,774 551,774 0 0.00% $26,536,825 $11,057,010 $10,442,617 $614,393 Analysis of Major Variances (1) The positive variance in the Public Safety divisions is primarily due to not having paid for the second quarter of the fire services contract with Jacksonville. This is about 249,000. The Lifeguard expenses have not begun yet and the deferral of the budgeted expenditures on the Police Building add to that variance - see Project Activity Schedule. (2) The negative variance in General Government results from the purchase of land in November for $225,422. Another part of this variance is the prepayment of Insurance at the beginning of the year. (3) The variance in the Public Works Department is due to project activity budgeted that has not been completed. - see Project Activity Schedule. (4) The negative variance in the Public Utilities divisions results from paying the majority of the annual debt service payments and insurance at the beginning of the year. (5) The positive variance in the Personnel Services resulted from vacant positions that have not been filled. The City budgets full employment, so any vacancy contributes to a positive variance. The Lifeguards are typically seasonal employees working May through September. City of Atlantic Beach FINANCIAL REPORT AGENDA ITEM #4A APRIL 8, 2013 February 2013 Project Activity - Current Year Activity Only Project YTD YTD Project Name Number Budget Actual Balance Status Public Safety PM1301 38,700 38,700 1 Police Building Renovation /Design /Construction PS0504 60,000 0 60,000 Rose Park Development PM1302 $ 60,000 $ 6,813 218,187 E - $ 60,000 79,064 79,064 E Public Utilities: PW1302 25,000 5,378 19,622 1 TMDL - Lift Station /Main Transfer Flow PU0906 9,282 1,716 7,566 TMDL Upgrade /Construction - WWTP #1 PU1106 147,862 63,200 84,662 TMDL Sludge /Odor Improvements PU1110 144,606 15,261 129,345 Water Main - 12th Street at Ocean Blvd /Beach Ave PU1204 36,962 16,673 20,289 Water Main - 14th & 15th Street at Ocean Boulevard PU1205 201,657 96,364 105,293 Rehab of Interior of Tank #1 PU1301 45,000 45,000 Rehab of Ground Storage Tank #2 PU1302 20,000 $1,855,763 20,000 Recoat Both Ground Storage Tanks WP #3 PU1303 40,000 40,000 Replace the Water Main on Pine Street PU1304 90,000 4,156 85,844 Replace 4" Water ?Main at Wonderwood and Finegan PU1305 180,000 8,324 171,676 PT Repair at Lift Station C PU1306 40,000 40,000 PT Repair at West 6th and Stock PU1307 55,000 55,000 Repair 24" Effluent Force Main PU1308 86,000 86,000 Repair 12" Force Main PU1309 56,000 56,000 Replace Yard Pump PU1310 18,435 18,435 Sewer Rehabilitation 2013 PU1311 202,300 162,823 39,477 Subtotal $ 1,373,104 $ 368,517 $ 1,004,588 Public Works: Marsh Master Plan Signs PM1301 38,700 38,700 1 Marsh Master Plan Project Design PM1303 34,000 8,500 25,500 E Rose Park Development PM1302 225,000 6,813 218,187 E Dutton Island Road Sidewalks PW 1301 79,064 79,064 E Sidewalk and Curb Replacements PW1302 25,000 5,378 19,622 1 City Hall Parking Lot Lights PW 1303 32,000 32,000 B Irregation Improvements Atlantic Blvd. PW 1304 4,600 4,600 C Sidewalk on West 9th Street PW 1305 33,000 19,499 13,501 C East Coast Drive Drainage Improvements PW 1306 360,000 360,000 R Subtotal $ 791,174 $ 831,364 $ 40,190 Total $1,855,763 $2,264,468 $ 408,707 Status Key A - Bid Advertised E - Design Phase B - Bid Awarded I - Project In- progress C - Project Completed N - Complete /Non - Capital D - Design Completed R - Re- budget Next Fiscal Year OR Re- Evaluated DE - Deferred X - Project Cancelled AGENDA ITEM # 4A APRIL 8, 2013 PREPARED 4/01/13,10:53:32 LICENSE ACTIVITY REPORT BY BUSINESS NAME City of Atlantic Beach NEW LICENSES FOR YEAR: 2013 BETWEEN: 03/01/13 TO 03/31/13 PROGRAM OL122L DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES ---------------------------------------------------------------------------------------------------------------- LIC # BUSINESS NAME ISSUED TYPn CLASSIFICATION ---------------------------------------------------------------------------------------------------------------- BUSINESS ADDRESS BUS PHONE # 13- 00007668 ADVANTAGE SIGNS & ADVERTISING, 3/22/13 NEW PRINTER /PRINT SHOP 31 LEWIS ST 904- 247 -1228 ATLANTIC BEACH FL 32233 13- 00007672 BEACHES LAWN ENFORCEMNT 3/27/13 NEW LAWN/YARD-SERVICE 1108 VIOLET ST 904 - 708 -3254 ATLANTIC BEACH FL 32233 13- 00007666 BEACHES TUTORING 3/19/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS 447 ATLANTIC BLVD UNIT 03 904- 994 -1005 ATLANTIC BEACH FL 32233 13- 00007671 CEVICHE JAX 3/26/13 NEW RESTAURANTS(INC. SNACK BARS & TAKE 0 695 ATLANTIC BLVD 305 -910 -6205 ATLANTIC BEACH FL 32233 13- 00007670 COASTAL ACUPUNCTURE, INC. 3/22/13 NEW ACUPUNCTURIST 60 OCEAN BLVD 904 - 477 -4898 ATLANTIC BEACH FL 32233 13- 00007663 HIGH POINT DELIVERY 3/11/13 NEW SOLICITATION, DOOR TO DOOR OUTSIDE CITY 866- 941 -1492 ATLANTIC BEACH FL 32233 13- 00007662 JOLIVETTE CLEANING SERVICE 3/11/13 NEW CLEANING /JANITORIAL /MAID SERVICE 680 PALM AVE 904 - 469 -9734 ATLANTIC BEACH FL 32233 13- 00007664 JURIJ P. OZIMKOVSKI 3/11/13 NEW AUTO: CAR WASH 1110 MAYPORT RD 904 - 742 -0642 ATLANTIC BEACH FL 32233 13- 00007660 MRHARDING ENTERPRISES INC. 3/11/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS 635 JASMINE ST 904 - 352 -6064 ATLANTIC BEACH FL 32233 13- 00007665 SCRUBS RESIDENTIAL AND COMMERC 3/19/13 NEW CLEANING /JANITORIAL /MAID SERVICE 554 STOCKS ST 904- 234 -4042 ATLANTIC BEACH FL 32233 Jt 13- 00007667 THE MUSEUM 3/19/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS 210 MAYPORT RD 904 - 398 -7060 ATLANTIC BEACH FL 32233 13- 00007661 US ONE MM ONE INC. 3/11/13 NEW INTERNET SALES 317 2ND ST 904- 253 -0263 ATLANTIC BEACH FL 32233 GRAND TOTALS -------- - - - - -- NEW LICENSES ------- - - - - -- AC: 11 pp: 1 IN: 0 VO: 0 PG: 0 BR: 0 OB: 0 uc: 0 LIC: 12 AGENDA ITEM 4 4B AIT 11, 8, 2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA, ITEM: Renewal of Continuing Contract for Professional Engineering Services RFP No. 14 -04 SUBMITTED BY: Rick Carper, P.E., Public Works Director � Donna Kaluzniak, CEP, Public Utilities Director, DATE: March 14, 2013 STRATEGIC PLAN LINK: N/A BACKGROUND: In March, 2:010, the City Coirunission awarded continuing engineering service contracts to three gismo (Applied Technology & Management, Bowen Civil Engineering, and Connelly & Wicker) in order to expedite: small to intermediate engineering and construction projects. It is in the City's best interest to have three engineering firths in order that multiple projects can be completed expeditiously, and to take advantage of a particular firm's ability to complete a specific size and type of project which may include stormwater, roadway, wastewater or other Public Works ot. Utilities projects. These arc nonexclusive contracts for a period of three years, renewable for an additional two years. The continuing contracts are used for projects with in estimated construction cost of $500,000 or less or studies under $50,000. Fees under these contracts are not to exceed $50,000, and any project cast greater than $25,000 requires City Commission approval. The approval of the recommendation in this staff report will not commit funding toward any project at this tune. If and when fees and services are agreed upon by the interested parties, these projects exceeding $25,000 in fees will be brought back to the Commission for review and approval. All three firms have submitted letters stating their intent to renew their contract for two years. Bowen Civil Engineering requested the authorized rate increase in accordance with the Consumer Price Index; Applied 'T'echnology & Management and Connelly & Wicker are not requesting a rate increase. BUDGET: Funds for design services are or will be budgeted under specific projects or under the Professional Services (3 100) line item for the appropriate accounts. RECOMMENDATION: Renew the continuing engineering services contracts with Applied Technology & Management., Connelly & Wicker, and Bowen Civil Engineering and authorize tile City Manager to sign the contracts for the city. ATTACHMENTS: 1. Letters requesting contract renewal for° Applied Technology & Management, Bowen Civil Engineering; (revised fees), and Connelly and Wicker. REVIEWED BY CITY MANAGER: A rM I I .1A I U. 411 PABLO AVENME JACKSONVILLE BEACH, FL 32250 -5444 (1104) 349 -900'9 rAx 249 6007 www.appliLdim.com March 25, 2013 Mr. Rick Carper Public Works [director City cf Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, FL 32233 -4318 Re: Technical Consulting Services Agreement — Request for Extension Dear Mr. Carper: A( 4-IN DA mvm r/ 4.0 APRIL 8, 2013 Applied Technology & Management, Inc. (ATM) is pleased to request an extension of this agreement for an additional two years. We are not requesting an increase in our approved rate structure at this time. If you have any questions or need additional information, please call me. Sincerely, APPLIED 'TECHNOLOGY & MANAGEMENT, INC. } Stephen C. Swann, P.E. Vice President SS/ph Coastal, F-, illvll`lllllllL ntul, Alorllle, Cllid Water Ii G'. oui -ceS El gineeiing AGENDA ITEM # 411 APRIL 8, 2013 BOWEN CIVIL ENGINEERING, 01C, 8075 Gate Parkway W, Suite 204 Jacksonville, Florida 32216 Telephone: 904 - 737 -0090 Fax: 904 - 737 -0040 E -mail: cbeng @boweneng.com March 26, 2013 Mr. Rick Carper, PE Public Works Director City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, FL 32233 -4318 RE: Technical Consulting Services Agreement — Request for Extension Dear Mr. Carper: Bowen Civil Engineering, Inc. (BCE) is pleased to request extension of this agreement for an additional 2 years. I have enclosed our revised rates with the Consumer Price Index adjustments. If you have any questions, please contact me at 737 -0090. Sincerely, n Randy Downing, PE Vice President Enclosures: BCE Contract Rate Adjustment US Dept of Labor — Consumer Price Index Roadway - Drainage - Utilities - Land Development AGENDA ITEM # 413 APRIL 8, 2013 CITY OF AT CONTINUING CONTRACT • 1 J BCE No: 09 -004 % Change in CPI Calculation for 2013 Rates: CPI for Feb. 2013: 225.9 Less CPI for Apr 2010: % Change = Index Point Change: 14.3 _ % Change 2010 in CPI 2013 Principal $ 60.00 6.8% $64.07 Project Manager $ 50.45 6.8% $53.87 Project Engineer $ 40.15 6.8% $42.87 Project Engineer $ 30.00 6.8% $32.03 Clerical $ 18.75 6.8% $20.02 % Change in CPI Calculation for 2013 Rates: CPI for Feb. 2013: 225.9 Less CPI for Apr 2010: 211.5 = Index Point Change: 14.3 _ % Change 6.8% NOTE. % Change in CPI is based on the South Urban Index for All Goods. AGENDA ITEM # 4B APRIL 8, 2013 Table 11. Consumer Price Index for All Urban Consumers (CPI -U): Regions', by expenditure category and commodity and service group (1982 -84 =100, unless otherwise noted) See footnotes at end of table. 49 CPI Detailed Report-April 2010 Northeast Midwest South West Index Percent index Percent Index Percent Index Percent Item and group change from- change from- change from- change from - Apr. Apr' Apr. Apr' Apr. Mar. Apr. Mar. Apr. Mar. Apr. Mar. 2010 2009 2010 2010 2009 2010 2010 2009 2010 20f0 2009 2010 Expenditure category All items ....................... ............................... 233.615 2.5 0.2 207.777 2.7 0.2 211.528 2.4 0.1 221.202 1.5 0.2 All items (December 1977 =100) ................ 367.872 - . 338.064 . 343.128 357.560 Food and beverages .. ............................... 225.946 1.1 .4 213.023 .5 .0 217.724 .8 .0 221.917 -.2 -.1 Food ......................... ............................... 225.429 1.0 .5 212.164 .3 .0 218.380 .8 10 221.100 -.3 -.1 Food at home ......... ............................... 223.648 .8 .8 205.991 -.1 .0 213.194 .6 -.1 221.191 -1.4 -.4 Food away from home .......................... 230.692 1.3 .0 221.531 .7 .1 228.213 1.1 ,2 219.732 1.1 .3 Alcoholic beverages . ............................... 231.657 1.6 .1 222.610 3.0 -.1 207.573 .5 .0 230.104 .0 -.4 Housing ............... ............... ___ ............... 243.640 .4 -.1 196.014 .3 -.3 200.554 -.9 .0 225.667 -1.6 -.1 Shelter ..................... ............................... 291.080 .3 -.1 226.704 .3 .0 222.021 -.8 .0 252.264 -2.1 -.1 Rent of primary residence 2 .................. 285.635 1.1 .1 221.882 1.2 .0 223.297 1 1 258.523 1.1 0 Owners' equivalent rent of residences 2 3 ..... ....... ........ .......... I ... "I ..... ... ....... 303.228 1.1 -.1 231.435 1.1 .0 225.661 -.4 A 266.434 -1.9 -.1 Owners' equivalent rent of primary residence 2 3 ............. .... ........... .. . 303.219 1.1 -,2 231.433 1.1 .0 225.662 -.4 .1 266.448 -1.9 -.1 Fuels and utilities ............... I.................... 216.458 2.8 -.1 196.347 3.7 -1.8 211.773 -.8 .1 236.353 5.1 .4 Household energy .. ............................... 200.241 2.5 -.2 169.922 3.2 -2.3 180.171 -2.6 A 216.840 4.1 .4 Gas (piped) and electricity 2 ............... 200.516 -1,5 -.6 175.231 2.6 -2.4 180.489 -3.1 .2 218.856 3.5 .3 Electricity 2 ....................................... , 195.991 3.1 1.7 169.828 3.0 -.1 175.665 -3.8 18 237.400 5.4 .0 Utility (piped) gas service 2 ............... 197.938 -11.3 -5.7 178.010 1.8 .6.3 197.783 1.1 -3.6 188.365 -2.4 1.5 Household furnishings and operations ... 126.413 -2.2 -.3 118.804 -3.9 -.8 127.484 -2.0 -.3 130.678 -3.4 -1.0 Apparel ...................... ............................... 125.004 2.3 .3 114.411 -.6 .3 131.612 -2.9 -.9 115.334 -1.1 .9 Transportation ............ ............................... 192.605 11.5 .8 194.770 13.1 1.3 192.032 14.3 .9 196.467 11.7 .9 Private transportation .............................. 186.480 11.9 3 189.469 13.4 1.2 190.363 14.6 .9 190.692 12.1 .8 New and used motor vehicles 4 ............ 96.137 3.4 -.6 96.789 4.0 -.3 97.192 5.5 -.1 96.866 5.6 -.1 New vehicles ........ ............................... 137.311 1.6 -A 132.105 1.4 -.4 143.158 2.5 -.3 137.489 3.5 -.2 New cars and trucks 4 5 .................... 95.154 1.6 -.4 93.457 1.6 -.4 97.409 2.5 -.2 95.444 3.4 -.2 New cars 5 ......... ............................... 134.416 .9 -.5 130.893 .4 -,4 146.463 2.5 -.3 138.268 1.7 -.4 Used cars and trucks .......................... 146.451 15.9 .3 141.489 16.2 ,4 140.296 17.3 .2 139.326 16.4 .5 Motor fuel ............... ............................... 236.110 37.6 2.6 252.506 40.5 4.2 242.819 38.5 2.6 246.417 35.8 2.7 Gasoline (all types) ............................. 235.293 38.0 2.6 252.385 40.6 4.2 242.219 38.7 2.6 246.006 35.9 2.7 Gasoline, unleaded regular 5 ............ 236.508 39.0 2.7 251.100 41.2 4.3 241.092 39.7 2.6 245.020 36.6 2.7 Gasoline, unleaded midgrade 5 6 ..... 238.814 35.8 2.4 276.870 40.2 3.8 252.830 37.2 2.6 230.816 35.0 2.6 Gasoline, unleaded premium 5 ......... 227.670 34.4 2.4 247.591 36.7 4.0 240.304 35.4 2.5 235.284 33.6 2.4 Medical care .............. ............................... 408.407 3.3 .3 386.235 3.7 .1 370.000 4.0 .3 395.098 3.3 -.1 Medical care commodities ...................... 339.402 4.4 .5 311.458 3.5 .1 299.998 2.7 .0 319.275 3.9 .3 Medical care services ............................. 426.080 2.9 .3 410.964 3.7 .1 393.138 4.5 .4 417.999 3.1 -.3 Professional services ............................ 329.894 2.4 .3 350.922 3.7 .1 326.351 3.9 .6 302.359 1.6 -.1 Recreation 4 ............... ............................... 118.281 1.0 .4 115.348 -.5 .8 114.239 -1.3 -.3 108.416 -.4 .8 Education and communication 4 ............... 132.992 1,9 -.2 130.589 2.1 .2 125.272 2.8 .0 129.397 2.7 .3 Other goods and services ......................... 403.731 2.6 -.1 365.143 1.6 .1 372.707 3.2 .2 373.133 1.2 -.1 Commodity and service group 411 items ....................... ............................... 233.615 2.5 .2 207.777 2.7 .2 211.528 2.4 .1 221.202 1.5 .2 Commodities .............. ............................... 180.821 4.7 .4 171.419 4.4 .4 176.820 4.8 .2 172.769 3.9 .3 Commodities less food and beverages ... 154.011 7.2 .4 149.920 6.9 .7 155.756 73 .3 146.532 6.4 .5 Nondurables less food and beverages 193.018 11.0 .7 191.271 11.1 13 199.754 10.8 .6 183.752 9.8 1.0 Nondurables less food, beverages, and apparel .. ............................... 246.563 14.5 .9 241,276 15.3 1.6 241.942 15.7 1.1 232.005 13.9 1.0 Durables ................ ............................... 109.366 1.2 -,2 108.744 .9 -.3 114.599 2.3 -.2 111.892 2.4 -.3 Services ..................... ............................... 285.349 1.2 .0 245.734 1.5 .0 247.099 .7 .1 265.382 .0 .1 Rent of shelter 3 ....... ............................... 304.426 .3 1 232.875 .2 .0 228.235 -.8 .0 268,283 -2.2 -.1 Transportation services .......................... 245.997 4.1 .4 265.080 3.6 .5 265.788 5.1 .4 259.855 2.7 .3 See footnotes at end of table. 49 CPI Detailed Report-April 2010 AGENDA ITEM # 4B APRIL 8, 2013 Table 11. Consumer Price Index for All Urban Consumers (CPI -U): Regions', by expenditure category and commodity and service group (1982 -84 =100, unless otherwise noted) See footnotes at end of table. 58 CPI Detailed Report- February 2013 Northeast Midwest South West Index Percent Index Percent Index Percent Index Percent Item and group change from- change from- change from- change from - Feb. Feb. Feb. Feb. Feb Feb. Jan. Feb. Jan. Feb. Jan. 2013 2012 2013 2013 2012 2013 2013 2012 2013 2013 2012 2013 Expenditure category All items ....................... ............................... 248.665 2.0 0.6 221,599 2.2 1.1 225.874 1.8 0.9 234,595 2.0 0.8 All items (December 1977 =100) .............. 391.571 360.554 - 366.398 - - 379,210 Food and beverages .. ............................... 242.682 1.6 -.1 229.832 1.6 .0 234,932 1.7 .2 237,773 1.6 -.1 Food ......................... ............................... 242.461 1.6 -.2 229.204 1.7 .0 236.042 1.7 .2 237.492 1.6 -.2 Food at home ......... ............................... 242.105 1.4 -.4 223,132 .8 -.1 232.784 1.4 .2 238,672 1.3 -.3 Food away from home .......................... 246.035 1,8 .1 239.064 3.1 .1 243.532 2.3 .2 234.645 2.0 .0 Alcoholic beverages . ............................... 244.299 1.9 .7 236.786 1.2 .8 218.714 1.0 .3 238.163 1.6 .6 Housing ...................... ............................... 254.836 1.9 .2 204.065 1.8 .3 209.213 1.7 .2 236,310 2.3 .3 Shelter ..................... ............................... 306,049 2.1 .3 237.137 2.2 .3 234.459 2.4 .3 264,607 2.3 .2 Rent of primary residence 2 .................. 305,518 2.7 .4 233,968 2.3 .1 237.828 3.0 .1 276.009 2.8 2 Owners' equivalent rent of residences 2 3 ..................... ............................... 317.613 1.9 A 241.806 2.2 .2 237.564 2,2 .1 278.373 2.2 .2 Owners' equivalent rent of primary residence 2 3 ............................... 317.516 1.9 .1 241.807 2,2 .2 237,551 2,2 .1 278.383 2.2 .2 Fuels and utilities ..... ............................... 224.236 2.3 .0 206.225 1.9 .4 215,511 -.4 .1 257.438 4.7 1.1 Household energy .. ............................... 203.916 2.1 -.1 174.528 1.2 .4 177.719 -2,2 ,1 227.425 3.9 1.0 Energy services 2 . ............................... 189.781 2.4 -.9 180.189 1.9 .4 177,098 -2.1 .1 228.971 4.1 1.0 Electricity 2 ......... ............................... 187.824 1.6 -11 187.974 2.7 .9 174.261 -2.9 .0 257.116 6,3 .7 Utility (piped) gas service 2 ............... 182.430 4.1 -.3 158.515 .3 -.7 180,899 2.9 .3 176.959 -2.3 1.9 Household furnishings and operations ... 128.298 .0 -.2 118.336 -1.0 .3 126.268 -.5 .2 129.648 -.3 .3 Apparel ...................... ............................... 129.525 2.7 2,1 119338 2.7 1.8 134.698 2.1 1.6 119.349 2.4 .0 Transportation ............ ............................... 219.243 2.7 2.0 220.321 3.4 4.7 220.182 1.9 3.3 217,394 1.9 3.6 Private transportation .............................. 212.106 2.3 2.1 214.849 3.5 5.0 218.690 1.8 3.4 211,663 1.9 4.0 New and used motor vehicles 4 ............ 99.152 .4 .1 99.963 .0 .6 101.271 .4 .3 100.450 1,1 .4 New vehicles ........ ............................... 144.761 1.5 -A 139.476 .8 .3 150.955 .7 .0 145,854 1.8 .0 New cars and trucks 4 5 .................... 100.327 1.5 -.2 98.766 .8 .3 102.769 .8 .1 101.222 1.7 .0 New cars 5 ......... ............................... 140.378 1.5 -.2 137.930 .7 .1 154.432 ,4 .0 147.185 1.6 .0 Used cars and trucks .......................... 155,992 -.2 .8 148,349 -.4 .9 145.404 -.2 1.0 141.166 .0 1.1 Motor fuel ............... ............................... 312.225 3.4 6.0 327.424 6.7 13.7 315,147 1.9 8.8 311.119 2.7 11.3 Gasoline (all types) ............................. 310.952 3.4 6.1 326,060 6.7 14,0 313.606 1.9 9.0 309,760 2.7 11.5 Gasoline, unleaded regular 5 ............ 312,367 31 6.4 324.567 6.5 14.2 312.371 1.6 9.2 308.696 2.7 11.6 Gasoline, unleaded midgrade 5 6 ... 316.403 4.0 5.2 356.429 6.4 13.8 326.842 2.3 8.5 291,226 2.9 11.2 Gasoline, unleaded premium 5 ......... 300.889 4.5 5.1 319.869 7.8 13.3 310.664 2.8 8.4 294.835 2.7 11.2 Medical care .............. ............................... 444.784 2,6 .8 424.841 3,5 .5 403.883 3.4 .5 429,214 2.7 .7 Medical care commodities ...................... 364,692 -.2 .5 339.206 2.2 .7 317.202 1.4 -.4 331.091 -.8 -.1 Medical care services ............................. 466.095 3.6 .8 453.548 3.9 .4 433.759 4.1 .8 460.117 3.7 .9 Professional services ........................... 347.338 1.8 5 374,429 2,2 ,2 346.717 2.7 ,4 321.866 2.6 .4 Recreation 4 ................... ........ 120.922 1.0 .6 117.378 1.1 .3 115.116 .9 .3 109.587 .6 .7 Education and communication 4 ............... 136.452 1.4 .1 137,193 1,7 .2 132.120 1.7 .3 136.754 2.1 .2 Other goods and services ......................... 431.003 1.6 A 383.179 1.9 .0 390.774 2.2 .6 388.764 1.4 -.1 Commodity and service group III items ....................... ............................... 248.665 2.0 .6 221.599 2.2 1.1 225.874 1.8 .9 234.595 2.0 .8 Commodities .............. ............................... 195,917 1.3 1.0 184.925 1.7 2.1 190.462 1.0 1.6 183.729 1.1 1.5 Commodities less food and beverages ,.. 167.787 1.1 1.7 161.762 1.7 3.4 167.599 .6 2.5 155.190 .7 2.6 Nondurables less food and beverages 218.411 1.7 2.6 214.909 3.1 5.3 223.729 1.4 3.7 202.016 1.4 3.9 Nondurables less food, beverages, and apparel .. ............................... 287.143 1.5 2.7 276.590 3.2 6.2 278.031 1,2 4.3 260.009 1.1 5.2 Durables ................ ............................... 111.202 .0 .2 109.779 -.8 .3 114,982 -.9 .3 111.665 -.5 3 Services ..................... ............................... 300.447 2.4 .3 259.882 2.6 .3 262.252 2,4 .3 280.953 2.6 .3 Rent of shelter 3 ....... ............................... 320.039 2.1 .3 243.532 2,2 ,2 240.759 2.3 3 281.483 2.3 .2 Transportation services .......................... 267.066 3.6 ,5 282.960 3.4 .4 292.419 3.5 .2 271.556 2.0 -.3 See footnotes at end of table. 58 CPI Detailed Report- February 2013 AGENDA ITEM # 413 APRIL 8, 2013 March 26, 2013 Mr. Rick Carper, P.E. Public Works Director City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 RE: Technical Consulting Services Agreement Dear Mr. Carper: Our Consulting Services Agreement with the City of Atlantic Beach was originally dated January 24, 2005. This agreement was modified in 2008 to provided increased rates according to CPI increases in 2005, 2006, & 2007. We would like to extend our agreement with NO increase to our 2008 rates. Based on this information, the following rates will be used for our contract extension: Principal -in- Charge Project Manager (Responsible Professional) Design Engineer (Registered) Designer or Technician (Non- registered) CADD Operator Field Inspector Clerical Total Overhead Rate Profit Rate 2008 Connel & Wicker Inc. $45.63 Planning m Engineering Landscape Architecture March 26, 2013 Mr. Rick Carper, P.E. Public Works Director City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 RE: Technical Consulting Services Agreement Dear Mr. Carper: Our Consulting Services Agreement with the City of Atlantic Beach was originally dated January 24, 2005. This agreement was modified in 2008 to provided increased rates according to CPI increases in 2005, 2006, & 2007. We would like to extend our agreement with NO increase to our 2008 rates. Based on this information, the following rates will be used for our contract extension: Principal -in- Charge Project Manager (Responsible Professional) Design Engineer (Registered) Designer or Technician (Non- registered) CADD Operator Field Inspector Clerical Total Overhead Rate Profit Rate 2008 2013 $56.04 $56.04 $45.63 $45.63 $36.10 $36.10 $26.75 $26.75 $20.45 $20.45 $23.76 $23.76 $14.15 $14.15 147.95% 147.95% 10% 10% Thank you for the opportunity to provide professional services. Please do not hesitate to call if you have any questions. Sincerely, CONNELLY & WICKER INC. Richard C. Welch, P.E. President 10060 Skinner Lake Drive . Suite 500 . Jack5onville, FL 32246 904.265.3030 . fax 904.265.3031 . www.cwieng.com Jack5onville, Florida A0ENnA ]TEM # 4C APR 11- R, ?(l 13 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Engineering Design of Stormwater Improvements for East Coast Drive (RFP #13 -01) SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: March 28, 2013 STRATEGIC PLAN LINK: Not included in present Strategic Plan, but the draft plan for the upcoming year includes, 12. Stormwater Master Plan Projects BACKGROUND: The Public Works Department advertised a Request for (proposals (RFP) for Professional Engineering Services for Final Engineering Design for Stormwater Improvements of East Coast Drive (RI=P #13 -01), receiving seven proposals. The firms that submitted proposals were Applied Technology & Management (ATM), Bowen Civil Engineering; C &ES Consultants, CPH Engineers, Edwards Engineering, King Engineering and Taylor Engineering. After staff evaluation, the top three firms were ranked in the following order: V1 Edwards Engineering 2"d _ Applied Technology & Management 3fd — Bowen Civil Engineering Edwards Engineering was the top - ranked firm for several reasons. They were ranked at or near the top in all three major grading criteria (project team, past similar experience and project approach). Their Project Team includes engineers who have experience in stormwater retrofits, providing multiple examples of recent project experience similar to this project. Their project team also has significant experience with retention and exfiltration issues which will be encountered in this design. BUDGET: The current budget contains $300,000 for Engineering, Permitting and Construction of the Stormwater Improvements for East Coast [give (Account 470-0000 - 538- 6300). RECOMMENDATION: Authorize staff to begin negotiations with the top - ranked firm, Edwards Engineering, for engineering services for the Stormwater Improvements for East Coast Drive, ATTACHMENT: Evaluation of Proposals Rating Sheet (Proposals are on file at the City Clerk's Office) REVIEWED BY CITY MANAGER: — (/0, - d 0 N m O N m w L U) d E d O L a E d c� 3 E L O 4.+ cn V- 0 A r a U. w N d V d cn d d w .y N d O L CL L- 0 N ca N O Q. O L- 0 a m w a �d C"' a 00 N ,4 o a w � C7 N (ry CO Lo I-- O C'7 0o C'7 0o ( j oho oho 0o r coo � r T co .D N :tz O O O Y O C O 0 C o O 7 •> C -p Lo U) > O • r O C > O 0 Y Lo O m Ln � O E ' Y Y V NO A Y L O U co co U O U Co 0 U O c0 D c0 aa) °�'� 0) a) 0) a) 0) a) 0) a) ro Q cco C y O N O O_ O Cl) _ 0 O O O N O O c Q�'n cn m U cn m 0 •U v m 0 •U v co 0 •U v m •UU cn co 0 L6 m U c`2 c`a c`2 m co c`a c`a cco co :3 c cn cu c rn Co :3 c cn Co :3 c cn co c cn co c cn Co :3 c cn c co 00 °o 0 C) C) 0000 C) Utf) ui ui ui v cn ui u) U U oo° m 0000 cro• 0000• Lo Q V,4 o N Ci N c6 N ui N O N Q C o O O Cn '0 O O -0 '0 Cn '0 O .) - 0 •0 (n 70 O O 70 O� 'D O 0 O O •� O O •� O ..+ O •� U O y +..� O= N U O ..+ O a) U O ..+ O •� O O= L CC) C 0 0 C r r C (0 O CII � U U C 4% •� O Cm7 000 (r0 Cr0 000 CY) ON o 00 L6 co cn cyi QL N N W U N N Qro \ o r r ° w o _ VN N rn eo r r- r Q �a c ro co m _> m m m �a) L (6 N C (� N co ,C w O .0 �l cn 0-0 C: 0c �o UU U ��' w m Y �-w <�-2— mw a �d C"' a 00 N ,4 o a w � C7 AGENDA ITEM # 4D APRIL 8, 20I3 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Urban Area Security Initiative (UASI) Grant DATE: March 28, 2013 SUBMITTED BY: Michael D. Classey, Chief of Police SRATEGIC PLAN LINK: N/A BACKGROUND: The Jacksonville Emergency Preparedness Division (EPD) has been awarded Federal Funds for the purchase of computer equipment for use during disaster response. This equipment is being dispersed throughout Region III of the state system. Jacksonville EPD is the grantee recipient of the grant funds for Region III. The Atlantic Beach Police Department (ABPD) and IT asked for consideration to be given in the allocation of the Region III grant funds to obtain this equipment to allow internet access in the event of an incident resulting in the standard access being unavailable. The Jacksonville EPD, in their grant application, requested $1,351 to cover all expenses for a router and router port to provide the ABPD with internet access upgrades and their grant application was approved as written. These expenses will be paid by Jacksonville EPD directly to their selected vendor so no funds will physically pass through the City of Atlantic Beach (COAB). The next step in this process is for COAB to sign the Grant Agreement with the Jacksonville EPD. BUDGET: None RECOMMENDATIONS: To authorize the City Manager to sign the Agreement with the Jacksonville Emergency Preparedness Division. ATTACHMENTS: Grant Agreement between the Jacksonville Emergency Preparedness Division and the City of Atlantic Beach. REVIEWED BY CITY MANAGER: AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND CITY OF ATLANTIC BEACH FLORIDA FOR MANAGEMENT AND CONTROL OF PROPERTY AND EQUIPMENT ACQUIRED WITH FEDERAL GRANT FUNDS THIS AGREEMENT is made and entered into this 4TH day of MARCH, 2013 by and between the CITY OF JACKSONVILLE, a municipal corporation located in Duval County, Florida, for and on behalf of its Fire and Rescue Department, Emergency Preparedness Division (hereinafter collectively referred to as the "City "), with street address at 515 North Julia Street, Jacksonville, Florida 32202 and CITY OF ATLANTIC BEACH FLORIDA (hereinafter referred to as the "Recipient ") with its principal office located at 850 SEMINOLE ROAD ATLANTIC BEACH FL 32233. RECITALS: WHEREAS, from time to time, the City receives federal grant funding for the purpose of acquiring expendable and nonexpendable emergency response goods, material and equipment (hereinafter collectively referred to as the "Equipment "); and WHEREAS, as part of the FY 2010 Urban Area Security Initiative (UASI) , the City is responsible for providing federal funding and /or Equipment purchased from such federal funding to other agencies both within and outside the City of Jacksonville; and WHEREAS, federal regulations, codified in the Code of Federal Regulations, 44CFR Sec. 13.32 & 13.33, provide that recipients of such Equipment purchased with federal money have certain duties and obligations with respect to use, control, maintenance, and repair of such Equipment; and WHEREAS, it is in the best interest of the City to make and enter into this Agreement to specify and memorialize the duties and obligations of the Recipient with respect to the Equipment. NOW THEREFORE, IN CONSIDERATION of the mutual covenants herein and for such other good and valuable consideration, the sufficiency of which is acknowledged by the parties, it is agreed, by and between the parties as follows: 1. Incorporation by Reference. The above stated recitals are true and correct and, by this reference are made a part hereof and are incorporated herein. 2. Purchase of Equipment. The City shall spend $1,351.00, in funds duly appropriated from a federal grant from FY 2010 Urban Area Security Initiative (UASI), for the purchase of Equipment, more specifically described in the "Inventory of Equipment ", attached hereto and, by this reference, made a part hereof as Exhibit "A ". Said monetary amount shall be the City's maximum indebtedness under this Agreement; provided however, the above stated monetary amount will not be encumbered by this Agreement. It will be encumbered by one or more subsequently issued purchase orders. 3. Transfer of Equipment to Recipient. The City hereby transfers title of the Equipment to the Recipient for such use by the Recipient as provided herein; provided however, notwithstanding the transfer of title, the Recipient knows, understands and agrees that the federal granting agency has an interest in the location, use and upkeep of the Equipment; and that said federal agency, in its discretion, may request to use the Equipment and shall be allowed to use the Equipment as provided in Section 5.02 of this Agreement. 4. Recipient's Responsibility. The Recipient shall be solely and exclusively responsible for the use, maintenance, repair, replacement in the event of loss or theft, and control of the Equipment, as specified in this Agreement. 5. Use of the Equipment. The Recipient shall use the Equipment as follows: 5.01. The Equipment must be used by the Recipient for disaster response including, but not limited to disaster response training and exercises, which is the program for which the Equipment was acquired (the "Program "), whether or not the Program continues to be supported by federal funding. As long as the Equipment is needed for the Program, as recommended by the Recipient and approved by the City, it shall be used only for the Program and for no other purpose; provided however, when the Equipment is no longer needed by the Program, it may be used in other activities currently or previously supported by a federal agency, subject to prior approval by the City. Notwithstanding the foregoing, use of the Equipment must support the Program by building or enhancing capabilities that relate to the prevention of, protection from, preparation for or response to disasters in order to be considered eligible. 5.02. The parties recognize that many projects or programs which support disaster preparedness simultaneously support preparedness for other hazards. The Recipient may make the Equipment available for use on other projects or programs currently or previously supported by the federal government, subject to prior approval by the City; provided however, such use does not interfere with the work on the Program or programs for which the Equipment was originally acquired. Recipient must demonstrate the dual -use quality for any activities implemented that are not explicitly focused on disaster preparedness. First preference for such other City approved use shall be given to other programs or projects supported by the federal granting agency. The recipient should also consider user fees and treat them as Program income, if appropriate, subject to prior approval by the City. 5.03. Notwithstanding Program income, the Recipient shall not use Equipment acquired with federal funds to provide services for a fee to compete unfairly with private companies that produce equivalent services, unless specifically permitted or contemplated by federal law. 2 5.04. When acquiring replacement equipment, the Recipient may use the Equipment to be replaced as a trade -in or sell the Equipment and use the proceeds to offset the cost of replacement equipment, subject to the prior written approval of the City. 6. Equipment Management/Record Keeping. The Recipient must provide procedures for managing the Equipment (including its replacement) and such procedures must, at a minimum, contain the following: 6.01. Recipient must maintain property records which include: 6.01.01. A description of the Equipment; 6.01.02. Manufacturer's serial number, model number, federal stock number or other identification number of the Equipment; 6.01.03. The source of the Equipment, including the award number; 6.01.04. Identification of the title holder; 6.01.05. Acquisition date or date received if Equipment is furnished by the federal government; 6.01.06. Cost of the Equipment; 6.01.07. Percentage (at the end of budget year) of federal participation in cost of the Equipment; 6.01.08. Location of the Equipment; 6.01.09. Use and condition of the Equipment; and 6.01.10. Disposition data, including date of disposal and sales price. 6.02. A physical inventory of the Equipment must be taken and the results reconciled with the property records specified in Section 6.01 at least once every six (6) months. The recipient shall, in connection with the inventory, verify existence, current use and continued need for the Equipment. Such physical inventory records and reports shall be submitted to the City semi - annually on June 30 and December 31, of each year of this Agreement. 6.03. The recipient must create a control system containing adequate safe guards to prevent loss, damage or theft of the Equipment. Any such loss, damage or theft shall be investigated and fully documented and shall immediately be reported to the City. 6.04. Any loss, damage, or theft, with respect to the Equipment, shall be investigated by both the City and the Recipient as appropriate. 6.05. The Recipient must provide adequate maintenance procedures to keep the Equipment in good condition. Maintenance records and reports must be submitted to the City semi - annually on June 30 and December 31, of each year of this Agreement. 6.06. If the Recipient is authorized to sell the Equipment, it must establish proper sales procedures to ensure the highest possible return for the Equipment. Such sales procedures must be submitted to the City for review and prior approval before Recipient attempts sale of the Equipment 6.07. Notwithstanding any other provision in this Agreement to the contrary, all records and reports and submittals (collectively the "Records ") required, under this Agreement shall be kept by the Recipient for a period of five (5) years after disposition of the Equipment. Such Records shall be subject to City inspection at reasonable times at Recipient's offices during the term of this Agreement and the five year retention period. 6.08. When original or replacement equipment acquired under a grant or subgrant is no longer needed for the original project or program or for other activities currently or previously supported by a federal agency, disposition of the equipment, subject to the prior approval of the City shall be made as follows: 6.08.01. Items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of subject to prior approval by the City and all proceeds shall be paid to the City. 6.08.02. Items of equipment with a current per -unit fair market value of $5,000 or greater may be retained or sold and the City shall have a right to an amount at least equal to the current fair market value at the time of disposition of the equipment multiplied by the City's share of the Equipment. 6.08.03. In cases where the Recipient fails to take appropriate disposition actions, the City may direct the Recipient to take disposition actions consistent with this Agreement. 7. Federal Equipment. In the event the Recipient is provided federally owned equipment: 7.01. Title will remain vested in the federal government. 7.02. Recipient or sub - grantees will manage the Equipment pursuant to federal agency rules and procedures, and must submit an annual inventory listing. 7.03. When the Equipment is no longer needed, the Recipient or subgrantee must request disposition instructions from the federal agency. 7.04. The federal awarding agency may reserve the right to transfer title to the federal government or a third party named by the federal awarding agency when such third party is otherwise eligible under existing statutes 4 7.05. Such transfers as contemplated in Section 7.04 are subject to the following standards: 7.05.01. The property shall be identified in the grantor otherwise made known to the Recipient in writing. 7.05.02. The federal awarding agency shall issue disposition instructions within 120 calendar days after the end of the federal support of the project for which it was acquired. 7.05.03. If the federal awarding agency fails to issue disposition instructions within the 120 calendar day period, the Recipient shall follow the provisions of 44CFR Sec. 13.32(e)(3) 7.05.04. When title to Equipment is transferred, the Recipient shall be paid an amount calculated by applying the percentage of participation in the purchase to the current fair market value of the Equipment. 8. Supplies. The following shall apply with respect to supplies: 8.01. Title to supplies acquired under a grantor a subgrant will vest, upon acquisition, in the Recipient or subgrantee respectively. 8.02. If there is a residual inventory of unused supplies exceeding $5,000.00 in total aggregate fair market value upon termination or completion of the award, and if the supplies are not needed for any other federally sponsored programs of projects, the Recipient or the subgrantee shall compensate the awarding agency for its share. 9. Term of Agreement. The term of this Agreement shall commence on the day and year first above written and shall continue in full force and effect until JUNE 30, 2013; provided however, all requirements for record keeping in this Agreement shall remain in full force and effect until JUNE 30, 2018. 10. Indemnification. 10.01. The Recipient, shall hold harmless, indemnify, and defend the City, including without limitation, the City's officers, directors, members, representatives, affiliates, agents, employees, successors and assigns (the "Indemnified Parties ") and will reimburse the Indemnified Parties from and against from and against all liabilities, damages, losses, and costs, to the extent caused by the negligent acts or omissions of the Recipient's officers, employees, agents and representatives, in the performance of this Agreement; provided however, any such indemnification, under this Section, shall be subject to the provisions and limitations of Section 768.28, Florida Statutes and this Section is not nor shall it be construed as a further waiver of sovereign immunity than that contained in Section 768.28, Florida Statutes. 5 10.02. No Insurance Limitation. This Section, relating to Indemnification, is separate and apart from, and is in no way limited by, any insurance provided by the Indemnifying Parties, pursuant to this Agreement or otherwise. 10.03. Survival of Indemnification. This Section, relating to Indemnification, shall survive the term of this Contract, and any holdover and /or Agreement extensions thereto, whether such term expires naturally by the passage of time or is terminated earlier pursuant to the provisions of this Agreement. 11. Insurance. During the term of this Agreement, the Recipient shall obtain and maintain All -Risk Property Insurance and /or Property Damage Insurance in amounts equal to the full insurable value of the personal property, equipment or vehicles. If Recipient is an entity that is subject to the provisions of Section 768.28, Florida Statutes, such insurance coverage may come from valid self - insurance that is authorized in that statutory section. 12. Default. 12.01. Should the Recipient default in its obligations under this Agreement, the City shall provide written notice to the Recipient of the default. The Recipient shall be given ten (10) business days, from receipt of the notice of default (or any such other amount of time agreed to by the parties, in writing) to remedy the default. If the default is not remedied within such time frame, the City may terminate this Agreement by giving ten (10) days advance written notice of such termination to the defaulting party. 12.02. Recipient's violation of any the provisions in this Agreement, shall constitute a default of this Agreement, subject to the provisions of this Section. 12.03. Notwithstanding any other provision of this Agreement to the contrary, in the event of Recipient's default, the City shall be entitled to all available remedies at law or equity. 13. Termination for Convenience. Notwithstanding any other provision in this Agreement to the contrary, either party may terminate this Agreement, at any time, without cause, by giving thirty(30) days advance written notice of such termination to the other party. 14. Return of Equipment. In the event this Agreement is terminated by default, by passage of time or for convenience, the Recipient shall return the Equipment to the City. Such Equipment shall be returned in as good condition as it was when received by the Recipient, normal wear and tear excepted. 15. Nonwaiver. Failure by either party to insist upon strict performance of any of the provisions hereof, either party's failure or delay in exercising any rights or remedies provided herein, or any purported oral modification or recision of this Agreement by an employee or agent of either party, shall not release either party of its obligations under this Agreement, shall not be deemed a waiver of any rights of either party to insist upon strict performance hereof, or of either party's rights or remedies under this Agreement or by law, and shall not operate as a waiver of any of the provisions hereof. 2 16. Notice. All written notices under this Agreement shall be delivered by certified mail, return receipt requested, or by other delivery with receipt to the following: 16.01. As to the City: Martin Senterfitt, Chief Director, Jacksonville Fire and Rescue Department 515 North Julia Street, 3rd Floor Jacksonville, Florida 32202 16.02. As to the Recipient: Chief Michael Classey Chief of Police, Atlantic Beach Police Department 850 Seminole Road Atlantic Beach, FL 32233 17. Governing Law, Venue and Severahility. 17.01. Governing Law. The rights, obligations and remedies of the parties as specified under this Agreement shall be interpreted and governed in all aspects by the laws of the State of Florida. 17.02. Venue. The venue for litigation of this Agreement shall be in courts, of competent jurisdiction located in Jacksonville, Duval County, Florida. 17.03. Severahility. Should any article, section, paragraph, sentence or other provision of this Agreement be determined, by the courts, to be unenforceable, for any reason, such article, section, paragraph, sentence or other provision shall be deemed to be severed from this Agreement and shall not affect the other provisions in this Agreement. 18. Construction. Both parties acknowledge that they have had meaningful input into the terms and conditions contained in this Agreement. Therefore any doubtful or ambiguous provisions contained herein shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "Forties Contra Preferentum" shall not be applied to the interpretation of this Agreement. 19. Section Headings. Section headings appearing in this Agreement are inserted for convenience or reference only and shall in no way be construed to be interpretations of text. 20. Amendments. Any and all changes to, additions to, modifications of, or amendment to this Contract, or any of the terms, provisions and conditions hereof, shall be binding only when in writing and signed by the authorized officer, agent or representative of each of the parties hereto. 21. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto for the receipt of the Equipment. No statement, representation, writing, understanding, agreement, course of action or course of conduct, made by either party, or any representative of either party, which is not expressed in this Agreement shall be binding. [Remainder of page is left blank intentionally. Signature page follows immediately.] IN WITNESS WHEREOF, the parties, by and through their respective authorized representatives, have executed this Agreement on the day and year first above written. ATTEST: By: James McCain, Jr., Corporation Secretary ATTEST: By: Signature Type /Print Name: Title: CITY OF JACKSONVILLE By: Alvin Brown, Mayor RECEIPENT: C Signature Type /Print Name: Title: Encumbrance & funding information & form approval are on next page. 6 AGENDA ITEM # 6A APRIL 8, 2013 RESOLUTION NO. 13 -05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RELATING TO THE NORTHEAST FLORIDA REGIONAL COUNCIL AND THE 2013 UPDATE TO ITS STRATEGIC REGIONAL POLICY PLAN; PLEDGING SUPPORT FOR REGIONAL COOPERATION AND THE COMMON POLICY FRAMEWORK PROVIDED BY THE UPDATED STRATEGIC REGIONAL POLICY PLAN AND PROVIDING AN EFFECTIVE DATE. WHEREAS, THE Northeast Florida Regional Council ( NEFRC) was formed on February 14, 1977 by and between Baker, Clay, Duval, Flagler, Nassau, Putnam and St. Johns Counties through an Interlocal Agreement pursuant to the Florida Interlocal Cooperation Act of 1969, Section 163.01 Florida Statutes; and WHEREAS, the Interlocal Agreement creating the NEFRC states, in part, that the purpose of the NEFRC and Florida Regional Councils in general is to provide for "...areawide coordination and related cooperative activities of federal, state and local governments and ensure a broad -based regional organization that can provide a truly regional perspective enhancing the ability and opportunity of local governments to resolve issues and problems transcending their individual boundaries "; and WHEREAS, the Florida Regional Planning Council Act, Sections 186.501- 186 -513, Florida Statutes states, in part, "There is a need for the establishment at the regional level of clear policy plans that will guide broad -based representative regional planning agencies as they undertake regional review functions" and provide for the creation of Strategic Regional Policy Plans (SRPP); and WHEREAS, the NEFRC began the process of updating its SRPP in May, 2009 with Reality Check First Coast, County Checks and Generation Check, followed by the creation of First Coast Vision through the Regional Community Institute in 2011; and WHEREAS, through the process leading up to the adoption of the updated SRPP the NEFRC has engaged thousands of citizens in Northeast Florida; and WHEREAS, the Board of Directors of the NEFRC has directed that the update to the SRPP will be less directive and more supportive of the individual efforts of the Region's local governments in meeting the broad policy framework of the SRPP; and WHEREAS, Northeast Florida is an increasingly interconnected and interdependent Region where activities undertaken in any single jurisdiction have Region -wide effects; and WHEREAS, the Local Governments in Northeast Florida recognize we are stronger collectively than we are individually. AGENDA ITEM # 6A APRIL 8, 2013 NOW THEREFORE, BE IT RESOLVED that the City Commission of Atlantic Beach, Florida, declares its support to Regional cooperation and further declares its support of a common policy framework as contained in the NEFRC'S draft update to its SRPP while maintaining its rights under Sections 120.54 and 120.56, Florida Statutes. ADOPTED by the City Commission of Atlantic Beach, Florida, this 8t' day of April, 2013. MIKE BORNO Mayor ATTEST: DONNA L. BARTLE, CMC City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM # 7A APRIL 8, 2013 ORDINANCE NO. 25 -13 -43 AN ORDINANCE BY THE CITY COMMISSION AMENDING THE CITY OF ATLANTIC BEACH CODE OF ORDINANCES TO REPEAL CHAPTER 8 FLOOD HAZARD AREAS; TO ADOPT A NEW CHAPTER 8 FLOODPLAIN MANAGEMENT ORDINANCE; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of City of Atlantic Beach and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and WHEREAS, the City of Atlantic Beach was accepted for participation in the National Flood Insurance Program on March 15, 1977 and the City Commission desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative amendments to the Florida Building Code to implement the National Flood Insurance Program; and WHEREAS, the City Commission is adopting to maintain current freeboard elevation requirement for buildings and structures in flood hazard areas and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; and WHEREAS, the City Commission has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code. NOW, THEREFORE, BE IT ORDAINED by the City Commission of Atlantic Beach that the following floodplain management regulations, and the following local administrative amendments to the 2010 Florida Building Code, are hereby adopted. SECTION 1. RECITALS. AGENDA ITEM # 7A APRIL 8, 2013 The foregoing whereas clauses are incorporated herein by reference and made a part hereof. SECTION 2. This ordinance specifically repeals and replaces the following ordinance(s) and regulation(s): Chapter 8 Flood Hazard Areas the City of Atlantic Beach Code. CHAPTER8 ARTICLE I ADMINISTRATION GENERAL- APPLICABILITY- DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR- PERMITS- SITE PLANS AND CONSTRUCTION DOCUMENTS - INSPECTIONS- VARIANCES AND APPEALS- VIOLATIONS 8 -1. These regulations shall be known as the Floodplain Management Ordinance of the City of Atlantic Beach, hereinafter referred to as "this ordinance." 8 -2. Scope. The provisions of this ordinance shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. 8 -3. Intent. The purposes of this ordinance and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: 1. Minimize unnecessary disruption of commerce, access and public service during times of flooding; 2. Require the use of appropriate construction practices in order to prevent or minimize future flood damage; 3. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; 4. Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; 5. Minimize damage to public and private facilities and utilities; 6. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; 7. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and 8. Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. Ordinance No. 25 -13 -43 Page 2 of 28 AGENDA ITEM # 7A APRIL 8, 2013 8 -4. Coordination with the Florida Building Code. This ordinance is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. 8 -5. Warning. The degree of flood protection required by this ordinance and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance. 8 -6. Disclaimer of Liability. This ordinance shall not create liability on the part of the City Commission of the City of Atlantic Beach or by any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made thereunder. APPLICABILITY 8 -7. General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 8 -8. Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas within the City of Atlantic Beach, as established in Section 102.3 of this ordinance. 8 -9. Basis for establishing flood hazard areas. The Flood Insurance Study for Duval County, Florida and Incorporated Areas June 3, 2013, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the City of Atlantic Beach Building Department 800 Seminole Road Atlantic Beach, Florida. 8 -10. Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 105 of this ordinance the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: 1. Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this ordinance and, as applicable, the requirements of the Florida Building Code. 2. Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. Ordinance No. 25 -13 -43 Page 3 of 28 AGENDA ITEM # 7A APRIL 8, 2013 8 -11. Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions of local, state or federal law. 8 -12. Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code the event of a conflict between this ordinance and any other ordinance, the more restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this ordinance. 8 -13. Interpretation. In the interpretation and application of this ordinance, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR 8 -14. Designation. The Building and Zoning Director is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. 8 -15. General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this ordinance. The Floodplain Administrator shall have the authority to render interpretations of this ordinance consistent with the intent and purpose of this ordinance and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this ordinance without the granting of a variance pursuant to Section 107 of this ordinance. 8 -16. Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall: 1. Review applications and plans to determine whether proposed new development will be located in flood hazard areas; 2. Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this ordinance; 3. Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; 4. Provide available flood elevation and flood hazard information; 5. Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; 6. Review applications to determine whether proposed development will be reasonably safe from flooding; Ordinance No. 25 -13 -43 Page 4 of 28 AGENDA ITEM # 7A APRIL 8, 2013 7. Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this ordinance is demonstrated, or disapprove the same in the event of noncompliance; and 8. Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this ordinance. 8 -17. Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: 1. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; 2. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre- damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; 3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and 4. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this ordinance is required. 8 -18. Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 107 of this ordinance. 8 -19. Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this ordinance. 8 -20. Inspections. The Floodplain Administrator shall make the required inspections as specified in Section 106 of this ordinance for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. 8 -21. Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to: Ordinance No. 25 -13 -43 Page 5 of 28 AGENDA ITEM # 7A APRIL 8, 2013 1. Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 103.4 of this ordinance; 2. Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); 3. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available; 4. Review required design certifications and documentation of elevations specified by this ordinance and the Florida Building Code and this ordinance to determine that such certifications and documentations are complete; 5. Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Atlantic Beach are modified; and 6. Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97 -348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101 -591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." 8 -22. Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this ordinance; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at City of Atlantic Beach Building Department 800 Seminole Road Atlantic Beach, Florida. PERMITS 8 -23. Permits required. Any owner or owner's authorized agent (hereinafter "applicant ") who intends to undertake any development activity within the scope of this ordinance, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this ordinance and all other applicable codes and regulations has been satisfied. Ordinance No. 25 -13 -43 Page 6 of 28 AGENDA ITEM # 7A APRIL 8, 2013 8 -24. Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this ordinance for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit. 8 -24.1. Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this ordinance: 1. Railroads and ancillary facilities associated with the railroad. 2. Nonresidential farm buildings on farms, as provided in section 604.50, F.S. 3. Temporary buildings or sheds used exclusively for construction purposes. 4. Mobile or modular structures used as temporary offices. 5. Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. 6. Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non -wood features. 7. Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. 8. Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. 9. Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps 8 -25. Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community. The information provided shall: 1. Identify and describe the development to be covered by the permit or approval. 2. Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. 3. Indicate the use and occupancy for which the proposed development is intended. 4. Be accompanied by a site plan or construction documents as specified in Section 105 of this ordinance. 5. State the valuation of the proposed work. Ordinance No. 25 -13 -43 Page 7 of 28 AGENDA ITEM # 7A APRIL 8, 2013 6. Be signed by the applicant or the applicant's authorized agent. 7. Give such other data and information as required by the Floodplain Administrator. 8 -26. Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any violation of this ordinance, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. 8 -27. Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. 8 -28. Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this ordinance or any other ordinance, regulation or requirement of this community. 8 -29. Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: 1. The St. Johns River Water Management District; section 373.036, F.S. 2. Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E -6, F.A.C. 3. Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; section 161.141, F.S. 4. Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. 5. Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. 6. Federal permits and approvals. SITE PLANS AND CONSTRUCTION DOCUMENTS 8 -30. Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this ordinance shall be drawn to scale and shall include, as applicable to the proposed development: 1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. Ordinance No. 25 -13 -43 Page 8 of 28 AGENDA ITEM # 7A APRIL 8, 2013 2. Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 105.2(2) or (3) of this ordinance. 3. Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 105.2(1)of this ordinance. 4. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. 5. Location, extent, amount, and proposed final grades of any filling, grading, or excavation. 6. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. 7. Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. 8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. 9. Existing and proposed alignment of any proposed alteration of a watercourse. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this ordinance but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this ordinance. 8 -31. Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: 1. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. 2. Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source; 3. Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonable reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: a. Require the applicant to develop base flood elevation data prepared in accordance with currently accepted engineering practices; or b. Specify that the base flood elevation is four and 1/2 (4.5) feet above the highest adjacent grade at the location of the development, provided there is Ordinance No. 25 -13 -43 Page 9 of 28 AGENDA ITEM # 7A APRIL 8, 2013 no evidence indicating flood depths have been or may be greater than four and 1/2 (4.5) feet. 4. Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. 8 -32. Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: 1. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 105.4 of this ordinance and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents. 2. For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. 3. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood- carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood- carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 105.4 of this ordinance. 4. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. 8 -33. Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. INSPECTIONS 8 -34, General. Development for which a floodplain development permit or approval is required Ordinance No. 25 -13 -43 Page 10 of 28 AGENDA ITEM # 7A APRIL 8, 2013 shall be subject to inspection. 8 -34.1. Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 8 -34.2, Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 8 -35. Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator: 1. If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or 2. If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 105.2(3)(b) of this ordinance, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. 8 -36. Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 106.1.2.1 of this ordinance. 8 -37. Manufactured homes. The Building Official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this ordinance and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Building Official. VARIANCES AND APPEALS 8 -38. General. The City Commission shall hear and decide on requests for appeals and requests for variances from the strict application of this ordinance. Pursuant to section 553.73(5), F.S., the City Commission shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. 8 -39. Appeals. The City Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this ordinance. Any person aggrieved by the decision of the City Commission may appeal such decision to the Circuit Court, as provided by Florida Statutes. Ordinance No. 25 -13 -43 Page 11 of 28 AGENDA ITEM # 7A APRIL 8, 2013 8 -40. Limitations on authority to grant variances. The City Commission shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 107.6 of this ordinance, the conditions of issuance set forth in Section 107.7 of this ordinance, and the comments and recommendations of the Floodplain Administrator and the Building Official. The City Commission has the right to attach such conditions as it deems necessary to further the purposes and objectives of this ordinance. 8 -41. Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 105.3 of this ordinance. 8 -42. Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. 8 -43. Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this ordinance, provided the variance meets the requirements of Section 107.3.1, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. 8 -44. Considerations for issuance of variances. In reviewing requests for variances, the City Commission shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this ordinance, and the following: 1. The danger that materials and debris may be swept onto other lands resulting in further injury or damage; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; 4. The importance of the services provided by the proposed development to the community; 5. The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; 6. The compatibility of the proposed development with existing and anticipated development; 7. The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; 8. The safety of access to the property in times of flooding for ordinary and emergency vehicles; Ordinance No. 25 -13 -43 Page 12 of 28 AGENDA ITEM # 7A APRIL 8, 2013 9. The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and 10. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. 8 -45. Conditions for issuance of variances. Variances shall be issued only upon: 1. Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this ordinance or the required elevation standards; 2. Determination by the City Commission that: a. Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; b. The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and c. The variance is the minimum necessary, considering the flood hazard, to afford relief; 3. Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and 4. If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. VIOLATIONS 8 -46. Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this ordinance that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this ordinance, shall be deemed a violation of this ordinance. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this ordinance or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. 8 -48. Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this ordinance and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. Ordinance No. 25 -13 -43 Page 13 of 28 8 -49. Unlawful continuance. Any person who shall continue served with a notice of violation or a stop work order, except directed to perform to remove or remedy a violation or unsafe penalties as prescribed by law. ARTICLE II DEFINITIONS AGENDA ITEM # 7A APRIL 8, 2013 any work after having been such work as that person is condition, shall be subject to 8 -50. Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this ordinance, have the meanings shown in this section. 8 -51. Terms defined in the Florida Building Code. Where terms are not defined in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. 8 -52. Terms not defined. Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross - sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and /or velocity of the riverine flow of water during conditions of the base flood. Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance or a request for a variance. ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood. A flood having a 1- percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the "100 -year flood" or the 1- percent - annual chance flood." Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 1612.2.] Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.1 Coastal construction control line. The line established by the State of Florida pursuant to section 161.053, F.S., and recorded in the official records of the community, which defines that portion of the beach -dune system subject to severe fluctuations based on a 100 -year storm surge, storm waves or other predictable weather conditions. Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1 -V30, VE, or V. [Note: The FBC,B defines and Ordinance No. 25 -13 -43 Page 14 of 28 AGENDA ITEM # 7A APRIL 8, 2013 uses the term "flood hazard areas subject to high velocity wave action" and the FBC, R uses the term "coastal high hazard areas. "] Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 1612.2.] 1. Area with a floodplain subject to a 1- percent or greater chance of flooding in any year; or 2. Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.] Development. Any man -made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before March 15, 1977. Also defined in FBC, B, Section 1612.2. Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before March 15, 1977. Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 1612.2.] 1. The overflow of inland or tidal waters. 2. The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage- resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 1612.2.] Ordinance No. 25 -13 -43 Page 15 of 28 AGENDA ITEM # 7A APRIL 8, 2013 Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.] 1. The area within a floodplain subject to a 1- percent or greater chance of flooding in any year. 2. The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.] Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 1612.2.] Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this ordinance (may be referred to as the Floodplain Manager). Floodplain development permit or approval. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this ordinance. Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 1612.2.] Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building, Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long -term storage or related manufacturing facilities. Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings. Ordinance No. 25 -13 -43 Page 16 of 28 AGENDA ITEM # 7A APRIL 8, 2013 Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMB): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. Letter of Map Revision Based on Fill (LOMB -F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. Conditional Letter of Map Revision ( CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as -built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light -duty truck. As defined in 40 C.F.R. 86.082 -2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: 1. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or 2. Designed primarily for transportation of persons and has a capacity of more than 12 persons; or 3. Available with special features enabling off - street or off - highway operation and use. Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood- resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non - elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.] Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C- 1.0101, F.A.C.] Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this ordinance, the term refers to the market value of Ordinance No. 25 -13 -43 Page 17 of 28 AGENDA ITEM # 7A APRIL 8, 2013 buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction. For the purposes of administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after March 15, 1977 and includes any subsequent improvements to such structures. New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after March 15, 1977. Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. Recreational vehicle. A vehicle, including a park trailer, which is: (See section 320.01, F.S.) 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projection; 3. Designed to be self - propelled or permanently towable by a light -duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, Al -A30, AE, A99, AH, V1 430, VE or V. [Also defined in FBC, B Section 1612.2.] Start of construction. The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 1612.2.] Ordinance No. 25 -13 -43 Page 18 of 28 AGENDA ITEM # 7A APRIL 8, 2013 Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before - damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 1612.2.] Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 1612.2.] 1. Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. Variance. A grant of relief from the requirements of this ordinance, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this ordinance or the Florida Building Code. Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. ARTICLE III FLOOD RESISTANT DEVELOPMENT BUILDINGS AND STRUCTURES, SUBDIVISIONS, SITE IMPROVEMENTS, MANUFACTURED HOMES, RECREATIONAL VEHICLES AND PARK TRAILERS, TANKS, OTHER DEVELOPMENT 8 -53. Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 104.2.1 of this ordinance, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Section 307 of this ordinance. 8 -54. Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: 1. Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322. 2. Minor structures and non - habitable major structures as defined in section 161.54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of this ordinance and ASCE 24. Ordinance No. 25 -13 -43 Page 19 of 28 AGENDA ITEM # 7A APRIL 8, 2013 8 -55. Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: 1. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; 2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and 3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 8 -56. Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: 1. Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats and final plats; 2. Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 105.2(1) of this ordinance; and 3. Compliance with the site improvement and utilities requirements of Section 303 of this ordinance. 8 -57. Minimum requirements. All proposed new development shall be reviewed to determine that: 1. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; 2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and 3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 8 -58. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on -site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E -6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. 8 -59. Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62- 532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 8 -60. Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 105.3(1) of this ordinance demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. Ordinance No. 25 -13 -43 Page 20 of 28 AGENDA ITEM # 7A APRIL 8, 2013 8 -61. Limitations on placement of fill. Subject to the limitations of this ordinance, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood - related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code. 8 -62. Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 105.3(4) of this ordinance demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section 307.8 (3) of this ordinance. MANUFACTURED HOMES 8 -63. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C -1, F.A.C. and the requirements of this ordinance. If located seaward of the coastal construction control line, all manufactured homes shall compy with the more restrictive of the applicable requirements. 8 -64. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: 1. In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this ordinance. 2. In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this ordinance. 8 -65. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over - the -top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 8 -66. Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 304.4.1 or 304.4.2 of this ordinance, as applicable. 8 -66.1. General elevation requirement. Unless subject to the requirements of Section 304.4.2 of this ordinance, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section Ordinance No. 25 -13 -43 Page 21 of 28 AGENDA ITEM # 7A APRIL 8, 2013 R322.3 (Zone V). 8 -67. Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 304.4.1 of this ordinance, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: 1. Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or 2. Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. 8 -68. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area. 8 -69. Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area. RECREATIONAL VEHICLES AND PARK TRAILERS 8 -70. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: 1. Be on the site for fewer than 180 consecutive days; or 2. Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick - disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. 8 -70.1. Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 305.1 of this ordinance for temporary placement shall meet the requirements of Section 304 of this ordinance for manufactured homes. TANKS 8 -71.1. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. 8 -71.2. Above - ground tanks, not elevated. Above - ground tanks that do not meet the elevation requirements of Section 306.3 of this ordinance shall: 1. Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming Ordinance No. 25 -13 -43 Page 22 of 28 AGENDA ITEM # 7A APRIL 8, 2013 the tank is empty and the effects of flood -borne debris. 2. Not be permitted in coastal high hazard areas (Zone V). 8 -71.3. Above - ground tanks, elevated. Above - ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank - supporting structures shall meet the foundation requirements of the applicable flood hazard area. 8 -71.4. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: 1. At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and 2. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. OTHER DEVELOPMENT 8 -72. General requirements for other development. All development, including man -made changes to improved or unimproved real estate for which specific provisions are not specified in this ordinance or the Florida Building Code, shall: 1. Be located and constructed to minimize flood damage; 2. Meet the limitations of Section 303.4 of this ordinance if located in a regulated floodway; 3. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; 4. Be constructed of flood damage- resistant materials; and 5. Have mechanical, plumbing, and electrical systems above the design flood elevation, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. 8 -72.2. Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 303.4 of this ordinance. 8 -72.3. Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 303.4 of this ordinance. 8 -72.4. Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low -water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 303.4 of this ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 105.3 (3) of this ordinance. 8 -72.5. Concrete slabs used as parking pads, enclosure floors, landings, decks, Ordinance No. 25 -13 -43 Page 23 of 28 AGENDA ITEM # 7A APRIL 8, 2013 walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: 1. Structurally independent of the foundation system of the building or structure; 2. Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and 3. Have a maximum slab thickness of not more than four (4) inches. 8 -72.6. Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following: 1. A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. 2. A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. 3. A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. 4. A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. 8 -72.7. Other development in coastal high hazard areas (Zone V). In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: 1. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; 2. Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and Ordinance No. 25 -13 -43 Page 24 of 28 AGENDA ITEM # 7A APRIL 8, 2013 3. On -site sewage treatment and disposal systems defined in 64E- 6.002, F.A.C., as filled systems or mound systems. 8 -72 -8. Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: 1. Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. 2. Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. 3. Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach -dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building. SECTION 3. The Florida Building Code, Building is hereby amended by the following administrative amendments. Sec. 104.10.1, Florida Building Code, Building Add a new Sec. 104.10.1 as follows: 104.10.1 Modifications of the strict application of the requirements of the Florida Building Code. The Building Official shall coordinate with the Floodplain Administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117. Sec. 107.6.1, Florida Buildinq Code, Building Add a new Sec. 107.6.1 as follows: 107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60) the authority granted to the Building Official to issue permits to rely on inspections and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Section 105.14 and Section 107.6 shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. Sec. 117, Florida Building Code, Building Ordinance No. 25 -13 -43 Page 25 of 28 AGENDA ITEM # 7A APRIL 8, 2013 Add a new Sec. 117 as follows: 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas. Pursuant to section 553.73(5), F.S., the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. SECTION 4. The Florida Building Code, Building is hereby amended by the following technical amendments. Add a new Sec. 1612.4.1 as follows: 1612.4.1 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation plus 2 and 1/2 feet, whichever is higher. SECTION 5. The Florida Building Code, Residential is hereby amended by the following technical amendments. Modify Sec. R322.2.1 as follows: R322.2.1 Elevation requirements. 1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 2 and 1/2 feet or the design flood elevation, whichever is higher. 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 2 and 1/2 feet m), or to the design flood elevation, whichever is higher. 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 1 foot 305mm , or at least 4 and '/z feet 2 feet X61 n m n4 if a depth number is not specified. 4. Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 2 and % feet or the design flood elevation, whichever is hi her. Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2. Modify Sec. R322.3.2 as follows: R322.3.2 Elevation requirements. 1. All buildings and structures erected within coastal high- hazard areas shall be elevated so that the lowest portion of all structural members supporting the lowest floor, with the exception of mat or raft foundations, piling, pile caps, columns, grade Ordinance No. 25 -13 -43 Page 26 of 28 AGENDA ITEM # 7A APRIL 8, 2013 beams and bracing, is: 1.1 Located at or above the base flood elevation plus 2 and '/2 feet or the design flood elevation, whichever is higher, if the lowest horizontal structural member is oriented parallel to the direction of wave approach, where parallel shall mean less than or equal to 20 degrees (0.35 rad) from the direction of approach, or 1.2 Located at the base flood elevation plus 3 and 'h feet _-foGt (305 rnI), or the design flood elevation, whichever is higher, if the lowest horizontal structural member is oriented perpendicular to the direction of wave approach, where perpendicular shall mean greater than 20 degrees (0.35 rad) from the direction of approach. 2. Basement floors that are below grade on all sides are prohibited. 3. The use of fill for structural support is prohibited. 4. Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways. Exception: Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5. SECTION 6. FISCAL IMPACT STATEMENT. In terms of design, plan application review, construction and inspection of buildings and structures, the cost impact as an overall average is negligible in regard to the local technical amendments because all development has been subject to the requirements of the local floodplain management ordinance adopted for participation in the National Flood Insurance Program. In terms of lower potential for flood damage, there will be continued savings and benefits to consumers. SECTION 7. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Atlantic Beach. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after. SECTION 8. REPEALER. Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of any conflict. This ordinance specifically repeals and replaces the following ordinance(s) and regulation(s): Chapter 8, Flood Hazard Areas, City of Atlantic Beach Code. SECTION 9. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the City Commission that the provisions of this ordinance shall become and be made a part of the City of Atlantic Beach's Code of Ordinances, and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. SECTION 10. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. SECTION 11. This Ordinance shall take effect immediately upon its final passage and adoption. Ordinance No. 25 -13 -43 Page 27 of 28 AGENDA ITEM # 7A APRIL 8, 2013 Passed by the City Commission on first reading this 25th day of March 2013. Passed by the City Commission on second reading and final reading on this day of 2013. Attest: Donna L. Bartle, CIVIC City Clerk Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Mike Borno, Mayor Ordinance No. 25 -13 -43 Page 28 of 28 AGENDA ITEM # 7B APRIL 8, 2013 ORDINANCE NO. 60 -13 -18 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES, ARTICLE 1, IN GENERAL, SEC. 17- 2, DEFINITIONS, AND ARTICLE II, SIGNS PERMITTED, SEC. 17 -26, EXEMPT SIGNS, TO PROVIDE FOR THE NUMBER AND SIZE OF FLAGS, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: The following definitions contained in Sec. 17 -2, Definitions, of the Code of Ordinances of the City of Atlantic Beach, Florida, are hereby amended to read as follows: "Flag: A piece of cloth or similar material having a distinctive size, color, and design used as a symbol, standard, signal and other similar items of recognition and may include insignias of governmental, religious, charitable, fraternal or other organizations. Any flag and pole or attachment that frequently holds a flag shall be deemed a permanent flag. This definition of flag shall not inelude the flag of the United Staten of Amnrin " "Sign: Any identification, description, illustration, or device illuminated or non- illuminated, which is visible from any outdoor place, open to the public and which directs attention to a product, service, placed, activity, person, institution, or business thereof, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, flag, placard, designed to advertise, identify, or convey information, with the exception of customary window displays, official public notices and court markers required by federal, state or local regulations; also excepting, newspapers, leaflets and books intended for individual distribution to members of the public, attire that is being worn, badges, and similar personal gear. "Sign " shall also inelude all advei4isinf4 displays as deseribed in Seetion 3 108. 1. 1, Florida Building Code, and Building Gode " "Sign permit: A development permit authorizing erection, placement or installation of a sign as permitted by this chapter in accordance with the requirements of Seeti„r 3109 of Florida Building Code and article V of this chapter." AGENDA ITEM # 713 APRIL 8, 2013 SECTION 2: Sec. 17 -26, Exempt Signs, of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to add a new subsection (14) under paragraph (b) to read as follows: "(14) Not more than two (2) flags per development parcel, but if there are two (2) flags then one (1) must be the flag of the United States of America. A development parcel with more than one (1) principal structure may have two (2) flags for each principal structure with more than 5,000 square feet of fully enclosed floor area . Each flag shall not exceed twenty -four (24) square feet in area; however, this size limitation shall not apply to United States of America flags at public buildings and parks." SECTION 3. This Ordinance shall take effect immediately upon its final passage and adoption. 2013. PASSED by the City Commission on first reading this day of PASSED by the City Commission on second and final reading this day of .2013. ATTEST: DONNA L. BARTLE, CMC City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney LOUIS M. BORNO, JR. Mayor, Presiding Officer Ordinance No. 60 -13 -18 Page 2 of 2 AGENDA ITEM # 7C APRIL 8, 2013 ORDINANCE NO. 5 -13 -58 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2 -16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR ONE (1) REGULAR MEETING AND ONE (1) SCHEDULED WORKSHOP PER MONTH, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: Sec. 2 -16 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows" "Sec. 2 -16. Time and place of regular meetings and scheduled workshops. (a) The regular meetings of the city commission shall be held on the second Monday of each month. (b) Scheduled workshops of the city commission shall be held as follows: (1) In the months of January through November, on the fourth Monday of the month. (2) In the month of December, on the third Monday of the month. (c) All regular meetings and scheduled workshops of the city commission shall be held in city hall at 6:30 p.m. (d) If the second or fourth Monday falls on a holiday, the regular meeting or scheduled workshop shall be held on Tuesday immediately following the holiday." SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 25th day of February 2013. PASSED by the City Commission on second and final reading this day of 2013. LOUIS BORNO, JR. Mayor, Presiding Officer ATTEST: DONNA L. BARTLE City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM # 7D APRIL 8, 2013 ORDINANCE NO. 20-13-122 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, 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 staff was directed at the March 23, 2013 commission meeting per approval of Agenda Item #813, to go forward with funding for videotaping the future commission meetings. This requires the purchase and installation of a multiple camera system and a monthly live streaming hosing and remote switching service, and NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2012/2013 Budget to be amended as follows: GENERAL FUND Expenses: City Clerk Capital Outlay - Contract Services - Total Expenses: $31,000 4,675 535,675 Fund Balance <535,675> 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of April 2013. Passed by the City Commission on second and final reading this day of April 2013. Mike Borno Mayor / Presiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney ATTEST: Donna L. Bartle, CMC City Clerk AGENDA ITEM # 7D APRIL 8, 2013 STAFF REPORT City of Atlantic Beach Commission Meeting Agenda Item: Funding for Videotaping Commission Meetings Submitted by: Keith Randich, IT Director Date: March 18, 2013 Strategic Plan Link: Videotaping Commission Meetings Background Staff was requested at the March 13, 2013 Strategic Planning meeting to prepare a staff report to request funding for a videotaping system. This report seeks funding to purchase and install a multiple- camera system in the Commission Chambers building. Budget Upfront Capital Costs Encoder $5,000 Camera, Switch $25,000 Installation, Licenses $1,000 Total Upfront Capital Cost $31,000 Monthly Services Live Streaming, Hosting $695 (Up to 30 MeetingsNear) Remote Switching $240 Total Monthly Services $935 Additional Costs Meetings over 30 /year $150 /meeting Remote Switching $120 /meeting Recommendation Authorize staff to prepare a budget ordinance to provide for $31,000 in capital and $4,675 ($935 x 5 months) in operating costs to implement this project. Reviewed by City Manager: AGENDA ITEM # 8A APRIL 8, 2013 CITY OF ATLANTIC BEACH COMMISSION MEETING AGENDA ITEM: Request for Proposals for Public Safety Building Expansion and Remodeling REPORT SUBMITTED BY: Mike Borno, Mayor DATE: STRATEGIC PLAN LINK: April 1, 2013 Goal #4; Police Building BACKGROUND: The City Commission discussed the next steps relating to the police building project during recent strategic plan workshops. I agreed to present a Scope of Services for a feasibility study regarding improvements to the current Atlantic Beach police building. A copy of the proposed Request For Proposals (RFP), including the Scope of Services, is attached. This RFP follows the same process as other professional services that have been solicited by the City. It meets the State requirements for selection of architects under the Competitive Consultants Negotiation Act (CCNA). Proposals will be solicited from architects who have significant critical facility experience. This can include not only construction and remodeling of police and fire facilities, but also other critical buildings like hospitals. The successful firm chosen under this RFP would be precluded from doing any additional work on the police building project in the future to be sure there is no bias in the architect's opinion. Additionally, firms who have worked on plans for the AB police building in the last ten years would be precluded from participating in this report. Rankings of the proposals submitted will be done by a team of City staff members including Rick Carper, Donna Kaluzniak and Mike Griffin. They will submit their recommendations to the City Commission which will include the top three ranked firms. The Commission would then be asked to provide authorization to staff to negotiate with the top ranked architect in accordance with state CCNA regulations. The ranking criteria would include the firm's professional qualifications and project team (30 %), the firm's past record of professional accomplishments (25 %), the firm's project approach (25 %), the firm's staff availability and capability to meet the deadlines (10 %), financial responsibility and insurance (5 %) and proximity of their office to Atlantic Beach (5 %). BUDGET: There is an existing budget of $60,000 for expenses related to an outside review of options for the police building project. RECOMMENDATION: Authorize the City staff to request proposals from architects for the police building project as outlined in the attached Request for Proposals. AGENDA ITEM # 8A APRIL 8, 2013 REQUEST FOR PROPOSALS ARCHITECTURAL / ENGINEERING SERVICES PUBLIC SAFETY BUILDING EXPANSION AND REMODELING FEASIBILITY STUDY RFP 13 -OX I. INTRODUCTION AND SCOPE OF PROJECT: The City of Atlantic Beach is soliciting proposals from qualified Architectural and Engineering (A and E) firms with significant critical facility experience to participate in a competitive process to provide professional services to conduct a feasibility study regarding improvements to the current Atlantic Beach Public Safety Building. Five (5) copies of the proposals must be submitted by Friday, 4:30 PM, April xx, 2013 and addressed to: Michael Griffin, Building and Zoning Director 800 Seminole Road Atlantic Beach, Fl 32233 RFP 13 -OX Police Building Feasibility Study II. BACKGROUND: The current City of Atlantic Beach Public Safety Building is approximately twenty five (25) years old, and has a number of deficiencies that adversely impact the operations of the Police Department. For several years the City has been working to determine a cost effective plan for upgrading or replacing the existing facilities. Beginning in 2005, the City had an architectural firm provide guidance relative to renovating and expanding the existing facility, followed by an evaluation by a separate architectural firm that specialized in Public Safety. A number of potential sites for a new Public Safety Building were evaluated, and it was determined that a location at 800 Seminole Road adjacent to the City Hall Complex was the best location for a new Public Safety Building. However, the design submitted encroached into the adjacent City Park and was deemed unacceptable for both cost and this encroachment. The City Commission of Atlantic Beach has established funding for a feasibility study to determine if the existing building can be modified to an acceptable structure on the existing site, and if feasible, what would be the reasonable cost of this project. Time is of the essence, so this project will have a short timeline for completion. To ensure an unbiased evaluation, the successful proposer for this study will not be considered for any subsequent design project related to the Public Safety Building. Additionally, firms who have been under contract to the City in earlier studies and / or design projects for the Public Safety Building within the last ten years will not be considered for this feasibility study. AGENDA ITEM # 8A APRIL 8, 20I3 III. DRAFT SCOPE OF WORK A. Review of historical documents, including original design plans, 2005 Renovation Plans, 2011 New Construction Plans, 2012 Building Design Review Committee Proceedings and floodplain maps. B. Conduct physical survey of existing building and site to evaluate condition and potential for expansion. The building evaluation should take into consideration, but is not limited to, accessibility and public /police personnel accommodation. The site evaluation should take into consideration impacts related to existing parking, landscaping (trees), floodplain and campus architecture. C. The overall evaluation is to determine what the capabilities and limitations of the existing site are; whether the spatial needs assessment value of 14,000 SF can be met on this site in a one or two story design; and what would be the future expansion capabilities of that building? D. Can the existing building be renovated and brought within current building codes for a critical facility (including raising the current flooring to comply with the 100 year flood zone, if required) and could the department continue to operate out of the existing building and/ or phased expansions while it is being expanded and renovated? E. Depending on answers to C. and D., develop phased plan for expansion of existing facility. Plan should include cost of moves and temporary facilities if necessary to maintain daily operations of Police and Emergency Communications. F. Present final plan at a Public Meeting of the City Commission with cost estimates and any non -cost considerations. IV. PREPARATION OF SUBMISSIONS: A. Firms submitting a response to this request will be referred to herein as "Respondent(s) ", who are preparing a response to this request and are expected to examine this request including all relevant forms, terms, conditions, and instructions. All costs associated with preparation and submission of the proposal(s) and any other information shall be borne entirely by the Respondent(s). B. Submissions and modifications thereof shall be enclosed in sealed envelopes, with the required forms, addressed to the person specified in the invitation, with the name and address of the Respondent and the RFP number on the face of the envelope. Submissions received after the stated time and date will be returned to the sender unopened. C. The City of Atlantic Beach reserves the right to declare any Respondent ineligible at any time during the process where developments arise which adversely affect the Respondent's responsibility. D. Information on the preliminary study and site selection is available in digital format upon request. AGENDA frEM # 8A APIUL 8, 2013 QUESTIONS: Any Respondent who is in doubt as to the true meaning of any part of the solicitation documents, or finds a discrepancy or omission therein, may contact Building and Zoning Director Michael Griffin, for an interpretation or correction: Michael Griffin, Building and Zoning. Director 800 Seminole Road Atlantic Beach, Fl 32233 (904) 247 -5813 Office !!Ip ! rn-I'ft!t,na11.L15 Only interpretation, instructions or correction(s) given, in writing, by Building and Zoning Director Michael Griffin, will be binding. respondents are hereby notified that no other source is authorized to give information concerning explaining and/or interpreting a request. V. CONSULTANT(S) REQUIREMENTS AND SELECTION PROCESS: A. Selection Process: Consultant selection shall be in accordance with this request for proposals. The evaluation process shall determine qualifications, interest, and availability of Respondents to provide relevant A & E services. City staff will first review all written responses, which will result in a ranked list of fully qualified respondents. After ranking is completed by staff, inforinal interviews and /or presentations may be conducted of selected respondents determined to be best qualified leased upon the evaluation of the written responses. The determinations shall be based upon the criteria below. Method of Ranking: During, the review of written responses, each criterion below will be ranked on a scale of zero (0) thorough ten (10). In addition, each criterion has been assigned a percentage value that weights the criterion's significance to the project as noted below. B. Written proposal /qualifications package requirement: Respondents are to adhere to the requirements shown below. Failure to do so may result in rejection of proposal as non-responsive. a. Be concise and to the point. b. Provide adequate information on each criterion below. c. Provide the ranking criteria information below in the order shown d. Public Entity Crimes Statement e. Drug -Five Workplace Statement f, W-9 AGENDA ITEM # 8A APRIL 8, 2013 C. RANKING CRITERIA: Firms responding to this Request for Proposals must include detailed information concerning the following criteria for selection: a. Firm's Professional Qualifications and Project Team [30 %]: List consultant team members, including detailed resumes and professional licenses /certifications. Give brief bullets on education, training and experience for project personnel. Designate the Project Manager and provide full contact information. Experience with design and construction of Public Safety Facilities or other Critical Facilities by project team members should be included. b. Past record of professional accomplishments [25 %]: Provide a list of recently (within past five years) completed projects similar to the project under consideration with brief description. Provide reference letters and a list of other agencies, governments or companies for which similar services have been provided. Include owners' contact person, email address, FAX number and telephone number, and type of projects completed. Note which of the Project Team members proposed for this RFP were involved in each past project and in what capacity. c. Project approach [25 %]: Describe the firm's specific proposed approach to providing professional Architectural and Engineering services for the requested study of the public safety building. d. Staff Availability and Capability to Meet Deadlines [10 %]: Current and projected workload for the project team, which indicates the availability of staff to complete assigned projects in a timely manner, will be considered. Respondents will provide a schedule, for completing the project showing major milestones and ability to meet the project deadlines. e. Financial Responsibility and Insurance [5 %]: The form of business of the prime consultant, i.e., proprietorship, partnership, corporation; years in business; changes in ownership; bank reference; and any other information the applicant may wish to supply to verify financial responsibility. Include the most recent audit summary or sufficient evidence from an outside,, professional source verifying the financial stability of the firm, and current certificate of insurance. Financial information may be packaged in a separate sealed envelope if desired. f. Proximity [5 %]: Location of the consultant's home office (corporate headquarters) and location of the local office where the project(s) will be produced. 4 AGENDA ITEM # 8A APRIL 8, 2013 PROPOSAL IS NOT A BID: This request for proposals / qualifications is not to be considered a BID. The City of Atlantic Beach Staff (Building and Zoning Director, Public Works Director and Utility Director) will evaluate proposals based on the criteria set forth in this RFP. The evaluation process will consider only the requested weighted criteria to determine which firm(s) are the most highly qualified to perform the required services. The City reserves the right to reject any and all proposals, waive informalities and technicalities, and make award to the firm whose proposal best serves the interest of the City, not just based on highest score /rank. Also, the City reserves the right to make such investigation as deemed necessary to determine the ability of any proposer to perform the services requested. III. INDEMNIFICATION REQUIREMENT: The City shall require the following or similar indemnification paragraphs to be made part of the contract(s) as entered into with the successful proposer(s). The City shall be held harmless against all claims for bodily injury, sickness, disease, death or personal injury or damage to property or loss of use resulting there from arising out of performance of the agreement or contract, unless such claims are a result of the City's own negligence. The City shall also be held harmless against all claims for financial loss with respect to the provision of or failure to provide professional or other services resulting in professional, malpractice, or errors or omissions liability arising out of performance of the agreement or contract, unless such claims are a result of the City's own negligence. IV. INSURANCE REQUIREMENTS: The consultant shall procure and maintain during the term of the contract, insurance of the types and in the minimum amounts stated below. Coverages Schedule Minimums A. Workers' Compensation Florida $100,000 — each accident Statutory Coverage and Employer's $100,000 — each employee Liability (including Appropriate $500,000 — policy limit for disease Federal Acts) B. Comprehensive General Liability C. Products —Completed Operations D. Business Auto Liability E. Professional Liability F. Excess or Umbrella Liability $1,000,000 — bodily injury each occurrence $1,000,000 — bodily injury aggregate $1,000,000 — property damage each occurrence $1,000,000 — property damage aggregate $1,000,000 - aggregate Same as Comprehensive General Liability (All autos — owned, hired or used) Same as Comprehensive General Liability Optional Insurance shall be written by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes. Prior to commencing any work on the continuing contract, certificates of insurance, approved by the City, evidencing the maintenance of said insurance shall be furnished to the City's construction project manager. The certificates shall provide that