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Amended Agenda Packet 6-10-13 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING June 10, 2013 - 6:30 PM AMENDED AGENDA Call to order Invocation and pledge to the flag 1. A. Approve the minutes of the Regular Commission Meeting of May 13, 2013. B. Approve the minutes of the Commission Workshop of April 22, 2013. 2. Courtesy of Floor to Visitors *A. Presentation on Transportation Improvement Program from North Florida Transportation Planning Organization 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 Police Department 1st Quarter 2013 Report, Financial Report for March 2013, Building Department Monthly Activity Report, Utility Sales Report and List of New Business Taxes for April 2013. B. Award the Annual Contract for Trimming Palm Trees to Luke Brothers, Inc. (Bid No. 1213-05). C. Accept report of North Florida Transportation Planning Organization o Transportation Improvement Program. D. Approve requested waiver from City Code Section 19-7 Driveway Limitations to allow a circular driveway on a lot at 592 Royal Palms Drive with less than 100 foot frontage. E. Appoint Tim Saggau to the Police Officers' Pension Board of Trustees for a two-year term beginning June 10, 2013. 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 13-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING THE ICMA-RETIREMENT CORPORATION 401 GOVERNMENTAL PROFIT-SHARING PLAN & TRUST RETIREMENT BASIC DOCUMENT AND TRUST ADOPTION AGREEMENT AND PROVIDING AN EFFECTIVE DATE. (The 401 Profit Sharing Plan documents are provided in the electronic agenda packet.) 1 **B. RESOLUTION NO. 13-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING A POLICY TO HOLD TOWN HALL MEETINGS ON A QUARTERLY BASIS 7. Action on Ordinances A. ORDINANCE NO. 20-13-123, Public Hearing and Final 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. B. ORDINANCE NO. 58-13-35,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, ESTABLISHING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 5, CITY OF ATLANTIC BEACH DEFINED CONTRIBUTION PLAN, SECTION 2-230 THROUGH 2-330, PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. **C. ORDINANCE NO. 58-13-36,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING AND RESTATING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM, SECTIONS 2-300 THROUGH 2-310.29, INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, BY RESTATING THE CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. **D. ORDINANCE NO. 58-13-37,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDNG AND RESTATING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, SECTIONS 2-261 THROUGH 2-299, INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, BY RESTATING THE CITY OF ATLANTIC BEACH GENERAL EMPLOYEES' RETIREMENT SYSTEM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. E. ORDINANCE NO. 90-13-216, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. F. ORDINANCE NO. 90-13-217,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, CHANGING THE ZONING DISTRICT CLASSIFICATION OF LANDS DESCRIBED WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT DEVELOPMENT (PUD) TO RESIDENTIAL, SINGLE-FAMILY (RS-1), PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION AND PROVIDING AN EFFECTIVE DATE. 2 G. 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. H. ORDINANCE NO. 95-13-106, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 ANIMALS, TO ADD A DEFINITIONS SECTION, TO REVISE INTERFERING WITH PERFORMANCE OF DUTIES, TO DELETE ANIMAL SHELTER OR IMPOUNDING VEHICLES AND REPLACE WITH AUTHORITY TO ENTER PRIVATE PROPERTY, TO REVISE CLASSIFICATION OF DOGS AS DANGEROUS, TO ADD HABITUAL NUISANCE, REVISE ANIMAL NEGLECT, REVISE RABIES VACCINATIONS AND TO UPDATE CITATIONS AUTHORIZED AND PENALTIES, AND PROVIDING AN EFFECTIVE DATE. I. ORDINANCE NO. 5-13-59,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ART. V BOARDS AND COMMISSIONS, DIV. 2 CODE ENFORCEMENT BOARD, TO PROVIDE FOR JURISDICTION OF A SPECIAL MAGISTRATE FOR DANGEROUS DOG HEARINGS, AND PROVIDING AN EFFECTIVE DATE. J. ORDINANCE NO. 75-13-18,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES, TO ADD ARTICLE V, VEHICLES FOR HIRE, TO INCLUDE DEFINITIONS, CLASSIFICATIONS, MANNER OF ADVERTISING, PRINTED MATTER ON A VEHICLE, INSPECTION, EQUIPMENT AND SAFETY REQUIREMENTS, METERS REQUIRED, DRIVERS, ENGAGING IN CRIMINAL ACTIVITY, SCHEDULE OF RATES, CHARGING IN EXCESS, RATES NOT TO BE CHARGED, CITATIONS AUTHORIZED AND PENALTIES PROVIDED, AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business A. Agreement with Beaches Habitat for the renovation and use of Jordan Park Community Center(City Manager)\ B. Appointments to the Cultural Arts &Recreation Advisory Committee. (Commissioner Daugherty) 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. 3 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,June 7, 2013. * Amended agenda to add Item 2A. ** Amended attachments since the Workshop on May 28, 2013: • 3A- Added a written Follow-up Report • 6B- Revised Resolution No. 13-08 • 7C- Corrected Scrivener's errors on Ordinance No. 58-13-36 • 7D- Corrected Scrivener's errors on Ordinance No. 58-13-37 4 WELCOME 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. RESPECT 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 May 13, 2013 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach City Clerk Donna L. Bartle Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Commissioner Mark gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. Approve the minutes of the Regular Commission Meeting of April 8, 2013. B. Approve the minutes of the Special Meeting of April 8, 2013 to hear the appeal of Special Magistrate's recommendations relating to the LIUNA contract and to consider benefits for non-union general employees. C. Approve the minutes of the Commission Briefing of April 4, 2013. D. Approve the minutes of the Strategic Planning Workshops for February 12, 13 & 14, 2013. Mayor Borno 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. Mayor Borno welcomed the audience and explained the process for public comments. A. Proclamation for National Kids to Parks Day. Mayor Borno read the proclamation for National Kids to Parks Day proclaiming May 18 as the third National Kids to Parks Day, which he presented to National Park Ranger Dan Tardona. Mr. Tardona thanked the Mayor on behalf of the National Park Service and the Timucuan Preserve. B. Proclamation for National Public Works Week. Mayor Borno read the proclamation for National Public Works Week proclaiming the week of May 19-25, 2013 as National Public Works Week which he presented to Public Works Director Rick Carper. Mayor Borno also thanked Public Utilities Director Donna Kaluzniak. Bill Mayhew, 1870 N. Sherry Drive, addressed the pension problems, costs and long-term yields. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. May 13,2013 REGULAR COMMISSION MEETING Page 2 3. Unfinished Business from Previous Meeting A. City Manager's Follow-up Report. None. 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 Utility Sales Report and the Building Department Monthly Activity Report for March 2013. B. Accept the FY 2011-12 audit report. C. Accept the Actuarial Valuation Reports for General Employees' and Police Employees' Retirement System for Fiscal Year ending September 30, 2012. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A,B and C as read. Moved by Daugherty, Seconded by Beckenbach Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. Item 10A was taken out of sequence and acted on at this time. 10A. Update on Golf Course. Commissioner Mark gave an update report on the meeting with a representative of Selva Marina Country Club stating they discussed drafting a master agreement to address the Commission's points of concern with the development and the reuse system. She stated they are now looking at drafting a conservation easement and have met a representative from the North Florida Land Trust. She further touched on the fact that she had understood she was to be the one liaison from the Commission to work with the developer and the Country Club and while she commends Commissioner Daugherty in talking directly with the developer and Selva, she believes they need to have one voice in this project going forward. She passed out and read a document on talking points for when they are communicating with the citizens regarding what they are doing and why they are doing this, so they are speaking with one voice(which is attached and made part of this Official Record as Attachment A). May 13,2013 REGULAR COMMISSION MEETING Page 3 Commissioner Beckenbach asked if there has been a written commitment for maintaining the greenspace for the future. He stated he believes they should have something in writing that will say they are going to have the conservation easement, as Commissioner Daugherty proposed. Commissioner Mark stated she has no objection to requesting that they have something in writing stating they are working on this diligently, but her concern is that if there are too many people involved in this process it could create more complications that are not really necessary. Commissioner Beckenbach stated he had no problem with her continuing as the liaison; what he was asking was is there something in writing now that says they are going to do this, because if they vote,this is $150,000+/- for Phase 1 and 2, which is a substantial amount of money the City is going to put out. Commissioner Mark stated they do not have an agreement like the one Commissioner Daugherty has proposed. She stated there is a master agreement being drafted that addresses these issues and others and the conservation easement is going forward. She stated there has not been a specific request to have the Country Club sign something giving specific promissory items as Commission Daugherty listed. Commissioner Mark stated this is something they have had opportunities in workshops to talk about and it could have been brought up at that time and now it is a backdoor to us now trying to move forward with it. She stated it was not so much that Commissioner Daugherty was proposing this amendment but the fact that they did not talk about it as a Commission at any of the workshops or any other opportunity and now it's here. Commissioner Beckenbach stated the reality was that at the last workshop it was brought up at the last minute and their conversation and knowledge of what was going on was limited. He stated he doesn't know if he totally agrees with Commissioner Mark. City Manager Hanson explained the time table they had been working on, until this last week when Commissioner Daugherty brought up a concern with it, was that they were intending to get a conservation easement in place and executed prior to the City signing off on a construction contract to build the reuse system. He stated this was going to line up with the developer's timeframe when they fmished their due diligence work and were ready to make all their final commitments to go ahead with the project. He explained Commissioner Daugherty stated he would like to have some further assurances before the City even commits engineering dollars to this project,which is why there is a change in the timeframe for getting a commitment from the country club. Commissioner Daugherty further explained he did not approach the Country Club or the developer. He stated he expressed to the City Manager his concerns about spending $150,000 based on a promise. He stated he suggested Selva put up a Surety Bond that would reimburse us for our cost if the project didn't go through but was told Selva can't afford to do that. He stated after further discussion with the City Manager, Mr. Hanson called John Meserve at Selva who came to the City Manager's Office and they worked this out. He stated there was no intent to go behind someone's back or approach the developer directly. He stated, however, if he has a concern about the City doing bad business he will go to the City Manager. He stated he wanted to assure Commissioner Mark that he respects the fact that she is the liaison and attends the meetings and reiterated he was not attempting to go behind her back. Commissioner Woods stated she did not get the impression Commissioner Daugherty had gone behind anyone's back and wanted to point out in the "Respect" quote they all follow, they are supposed to refrain from put downs, criticisms and personal attacks and believe Commissioner Daugherty probably believes he has been a little attacked. She stated she also agrees this is a very rosy picture. She further declared she is a member and stockholder at Selva Marina and had asked the City Attorney to weigh in on whether she had a conflict of interest in voting on this issue. She stated she received his reply and believes he determined that if one is not going to profit financially the State wants you to vote. She stated she does not believe she will profit on the stock but stated she is biased as she enjoys being a member but she does not believe she has a May 13,2013 REGULAR COMMISSION MEETING Page 4 conflict of interest. She asked if anyone disagrees to please bring it to her attention before they get too involved with this. Mayor Borno stated there is such a thing in business as good faith and they started out in good faith working on this project and it now seems that they are trying to put in words a control factor and asked if it was warranted. Commissioner Daugherty stated this is a business deal. Mayor Borno stated he would now move item 8K up. Item 8K was taken out of sequence and acted on at this time. 8K. Selva Marina Reclaimed Facilities Engineering, Phase I RFP 07-04. Motion: Authorize J. Collins Engineering Associates, LLC to perform engineering services for Selva Marina Reclaimed Facilities for golf course irrigation in the amount of$98,900 and authorize the City Manager to sign the contract. Moved by Woods, Seconded by Mark Mayor Borno asked that Public Utilities Director Donna Kaluzniak explain the change in the dollar figure. Ms. Kaluzniak stated we have a very tight deadline if we are going to make water by the time they need water. She stated J. Collins Engineering had engineering for the reclaimed water facility already in the contract but the work was postponed waiting on negotiations with the golf course. She explained the challenges in addition to the tight deadline are getting additional water for the growing period. She stated the last proposal was for Phase I and Phase II which is different than what she has in her current plan. She stated the last proposal for Phase I was for a temporary facility just to get growing water for the golf course and while they were doing that they would complete the final golf course design as well as the residential component. She explained the total cost for that, if done together, would give some savings. She stated from the workshop she understood they were not going to do residential and just wanted a cost for the golf course only and would consider doing residential if they got a grant. She stated she has submitted a grant application to the Water Management District. She stated she has now just given a price for the permanent golf course facility only. She stated she recommends that they do the residential component as well so they can put the purple pipe in to have that backbone for the environmental regulatory compliance in the future. Mr. Hanson pointed out that what is before the Commission for approval tonight is the engineering just for the reuse system that will serve the golf course for a price of$98,900 and after they get an answer on the grant they will come back to the Commission to discuss the additional cost for the system to be able to serve the subdivision also. Ms. Kaluzniak answered several questions from the Commission. Commissioner Woods stated she would add to Commissioner Mark's list, under reasons to provide reuse water,that there is less water being pumped from our underground water supply and also add, under impacts of not providing reuse for irrigation,there is the expansion of the amount of potable that is being sprayed onto lawns. She also asked the City Manager if diverting wastewater discharge from the St. Johns River to irrigation gives Atlantic Beach more capacity for run-off. Mr. Hanson stated no. Ms. Kaluzniak stated they would have additional TMDL credits. Mr. Hanson stated the City would get the credit for having less discharge into the Intracoastal Waterway but it would not affect stormwater run-off requirements. Related to Commissioner Daugherty's concerns, Ms. Kaluzniak pointed out that the engineering can be stopped at any time so if it looks like things are falling though, they can stop and only pay for what has been done. Further discussion ensued and Ms. Kaluzniak explained the cost savings for awarding both phases at this time. She also explained that the Water Management District has a condition in the City's permit that May 13,2013 REGULAR COMMISSION MEETING Page 5 says we must provide reuse to a subdivision if it is developed on the golf course unless we can prove and the District agrees that it is technically or financially not feasible. Following further discussion, Mayor Borno asked for an amended motion to increase the figure in the recommendations to cover Phases I and II to $151,528.24. Motion: Amend the motion to increase the figure in the recommendation to cover Phases I and II to $151,528.24. Moved by Woods, Seconded by Mark Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the amended motion. Commissioner Daugherty asked to amend to include his proposed language. Mayor Borno asked for one correction to his proposed language, stating he believes the time frame for providing the items to us should be 60 days, not 30 days. Discussion ensued and Commissioner Daugherty agreed to 60 days. Mayor Borno read the amended language as follows: Motion: Amend motion to include approval of funds for this design project will be contingent on Selva Marina Country Club (SMCC) providing the following items to COAB within 60 days : 1. SMCC will provide a written commitment to use COAB reuse water as part of the current or any future development of Selva Marina Country Club, when such reuse water is available; 2. SMCC/ Atlantic Beach Partners will provide a letter fully supporting annexation of the entire property into Atlantic Beach; 3. SMCC will agree to have a written agreement for a Conservation Easement/Deed Restriction on the 18-hole golf course as part of development and prior to the start of construction of a reuse water facility. Moved by Daugherty, Seconded by Woods Commissioner Beckenbach asked the City Attorney if this was legal. Mr. Jensen stated yes it is acceptable from a legal standpoint but what they are doing is withholding any funds until those documents are received. It is making approval of the $151,000 contingent on these items, so Collins can't start. Mr. Hanson stated when it was discussed with John Meserve the understanding they had was that they would start the design immediately and they would have 60 days to get this paperwork in place, not that they had to have it before the design started. He stated if it was not in place within 60 days, then the design would stop at that point. Commissioner Daugherty stated that is the intent and he was under the assumption this was forwarded to Alan Jensen. Mr. Hanson stated an earlier version was sent to him before but not this latest version. Mr. Jensen asked what they want to accomplish. Commissioner Daugherty stated they will proceed with the design contingent on them doing this, but if they do not do this within the timeframe we will cease the project. Mr. Hanson stated they would have to issue a stop order and then we would be liable for the cost up to that time. Discussion ensued and the amended motion was revised. Motion: Amend motion to include approval of funds for this design project after 60 days will be contingent on Selva Marina Country Club (SMCC) providing the following items to COAB: 1. SMCC will provide a written commitment to use COAB reuse water as part of the current or any future May 13,2013 REGULAR COMMISSION MEETING Page 6 development of Selva Marina Country Club, when such reuse water is available; 2. SMCC/ Atlantic Beach Partners will provide a letter fully supporting annexation of the entire property into Atlantic Beach; 3. SMCC will agree to have a written agreement for a Conservation Easement/Deed Restriction on the 18-hole golf course as part of development and prior to the start of construction of a reuse water facility. Moved by Woods, Seconded by Daugherty Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED Commissioner Beckenbach, referring to the meeting Commissioner Daugherty and Mr. Hanson had with John Meserve, asked how is John Meserve affiliated with Selva Marina. Mr. Hanson stated he believes he is acting as their executive director. He stated there is a board member in the audience if he wants to ask him that question. Commissioner Beckenbach asked if he has the ability to ok these items. Mr. Hanson stated he has the ability to talk to the board members. Laura Ferrante, representative of SMCC Board, stated John Meserve is the acting executive director. She further stated the Board met on Friday and came to this agreement in principle. She stated, hopefully, within 60 days they will be able to get the documentation the City requires. Mayor Borno then called for a vote on the proposed amendment with the first paragraph changed with items 1, 2, and 3 submitted in writing. Votes: Aye: 5—Borno,Beckenbach, Daugherty,Mark,Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the original motion as amended. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED 6. Action on Resolutions A. RESOLUTION NO. 13-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING THE CITY OF ATLANTIC BEACH STRATEGIC PLAN DATED APRIL 2013. Mayor Borno read Resolution No. 13-06 by title. Motion: Approve Resolution No. 13-06 as read. Moved by Woods, Seconded by Borno May 13,2013 REGULAR COMMISSION MEETING Page 7 Mr. Hanson explained the changes have incorporated all of the Commission's comments. Commissioner Daugherty stated one of the items in the Strategic Plan is to go paperless and showed a slide of the agenda packets being put together which he believes is a waste of resources. He stated going paperless is a very simple thing to do. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO.20-13-122,Public Hearing and Final 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 Mayor Borno read Ordinance No. 20-13-122 by title. Motion: Approve Ordinance No.20-13-122 as read. Moved by Beckenbach,Seconded by Woods Mayor Borno explained the amendment to the budget is to add costs for videotaping of Commission meetings in the amount of$35,675. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Commissioner Mark asked to amend the motion to reflect in lieu of the $31,000 in capital outlay to change it to $6,000 for a single camera system and the contract services to $2,100 for a total of$8,100. Motion: Amend to change the $31,000 in capital outlay to $6,000 for a single camera system and the contract services to$2,100 for a total of$8,100. Moved by Mark, Seconded by Beckenbach Discussion ensued. City Attorney Jensen stated if changing from a multiple camera system to a single camera system and going from $35,000 to $8,100 is determined by the Commission to be a substantial change of an ordinance on second reading they will have to start over. After further discussion, it was determined these were substantial changes. Commissioner Mark withdrew her amended motion; Commissioner Beckenbach withdrew his second. Motion: Amend to revise Ordinance reflecting $6,000 for a single camera system and maintenance of $2,100 for a total of$8,100 and bring back for first reading. Moved by Woods, seconded by Beckenbach May 13,2013 REGULAR COMMISSION MEETING Page 8 Votes: Aye: 5—Beckenbach,Daugherty,Mark,Woods,Borno Nay: 0 MOTION CARRIED B. ORDINANCE NO. 20-13-123,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. Mayor Borno read Ordinance No. 20-13-123 by title. Motion: Approve Ordinance No. 20-13-123 as read. Moved by Mark, Seconded by Beckenbach Mr. Hanson explained the changes to the Ordinance, stating two items were added since the workshop. He stated one item was for the contribution to the fireworks and the other is for the acquisition of a foreclosed house, which is explained in his staff report. Motion: Amend to change"donate" to "contribute" in Item 9. Moved by Borno, Seconded by Daugherty Votes: Aye: 5—Borno,Beckenbach, Daugherty,Mark,Woods Nay: 0 MOTION CARRIED Discussion ensued related to disposing of an acquired property. Mayor Borno called for a vote on the amended motion. Votes: Aye: 5—Borno,Beckenbach, Daugherty,Mark,Woods Nay: 0 MOTION CARRIED C. ORDINANCE NO. 58-13-35, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, ESTABLISHING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 5, CITY OF ATLANTIC BEACH DEFINED CONTRIBUTION PLAN, SECTIONS 2-320 THROUGH 2-330, PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 58-13-35 by title. Motion: Approve Ordinance No. 58-13-35 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this Ordinance is adding a Defined Contribution Plan for City employees. May 13,2013 REGULAR COMMISSION MEETING Page 9 Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED D. ORDINANCE NO. 58-13-36,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING AND RESTATING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM, SECTIONS 2-300 THROUGH 2-310.29, INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, BY RESTATING THE CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 58-13-36 by title. Motion: Approve Ordinance No. 58-13-36 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this Ordinance is amending the Police Pension Plan to provide for lower benefits for officers yet to be hired, increasing employee contributions and updating provisions to meet current State and Federal rules. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED E. ORDINANCE NO. 58-13-37,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDNG AND RESTATING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, SECTIONS 2-261 THROUGH 2-299, INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, BY RESTATING THE CITY OF ATLANTIC BEACH GENERAL EMPLOYEES' RETIREMENT SYSTEM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 58-13-37 by title. Motion: Approve Ordinance No. 58-13-37 as read. Moved by Woods,Seconded by Mark Mayor Borno explained this Ordinance is amending the General Employees Pension Plan to close the plan to new participants, increasing employee contributions and updating provisions to meet current State and Federal rules. May 13,2013 REGULAR COMMISSION MEETING Page 10 Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. FY 2012-2013 Resurfacing Project. Mr. Hanson summarized the project as discussed at the workshop. Motion: Authorize City Manager to approve Purchase Orders up to the budget amount as recommended by staff. Moved by Woods, Seconded by Mark Votes: Aye: 5—Borno, Beckenbach, Daugherty,Mark,Woods Nay: 0 MOTION CARRIED B. Annual Water Quality Report. There was no discussion on this item. Item was previously discussed at the workshop. C. Recommendations on amendments to Animal Control Ordinance. Chief Classey gave a summary of the amendments recommended at the workshop which have been incorporated in the Ordinance. Motion: Introduce the proposed revisions to Chapters 4 and 2, Section 2-146 and 2-146.1 for First Reading. Moved by Woods, Seconded by Beckenbach Commissioner Woods asked that they amend the motion to add a number 6 under 2-146.1(d) stating that the magistrate would be able to consider the ability of somebody to pay the cost. Discussion ensued. Motion: Amend to add a number 6 under 2-146.1(d) stating that the magistrate would be able to consider the ability of somebody to pay the cost. Moved by Woods, Seconded by Daugherty City Attorney Jensen stated he has some concern about the special magistrate questioning someone about their finances. He stated he doesn't know the technical legal answer to that but it greatly raises concerns. Commissioner Woods asked him to look into that and if Mr. Jensen thinks it is appropriate it can be add it and if not leave it off Discussion ensued. Mr. Jensen stated he will look into this further and will determine whether they need to amend it. (The amended motion was neither withdrawn nor voted on.) Commissioner Daugherty stated he believes the fine for the "first offense" is too high. Discussion ensued. May 13,2013 REGULAR COMMISSION MEETING Page 11 Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED D. Draft Ordinance for Taxi Cabs. Motion: Direct staff to draft an Ordinance for the taxi cabs and introduce the proposed ordinance for first reading. Moved by Beckenbach, Seconded by Mark Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED E. Final design contract approval for East Coast stormwater improvements. Motion: Approve the Scope of Services and Fee Proposal for Engineering Design of Stormwater Improvements for East Coast Drive and authorize the City Manager to sign the contract with Edwards Engineering. Moved by Beckenbach, Seconded by Mark Votes: Aye: 5—Borno,Beckenbach,Daugherty, Mark,Woods Nay: 0 MOTION CARRIED F. Approval of contract for providing dog training lessons. Motion: Authorize the City Manager to sign the attached contract with Ronald White aka Northern Pro Dog Trainers. Moved by Mark, Seconded by Daugherty Mr. Hanson stated he distributed a revised contract incorporating the language the Commission mentioned at the workshop, stating the times, dates and locations must be approved by the Recreation Director. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED G. Presentation of scope for Police Building review. Motion: Defer indefinitely. Moved by Borno, Seconded by Mark May 13,2013 REGULAR COMMISSION MEETING Page 12 Commissioner Woods stated they have been working on this for a long time and she believes either it is important enough for them to move forward with or if not they need to release the funds that have been set aside for this project. She stated there are a lot of other things in the City that need doing. City Manager Hanson explained the reasons for his recommending this be deferred were due to time constraints on staff at this time. He stated an appropriate time to discuss the funds is at the budget workshops. Discussion ensued. Commissioner Mark called the question, Commissioner Beckenbach seconded. Mayor Borno asked for a vote on the question being called. Votes: Aye: 5—Borno,Beckenbach,Daugherty, Mark,Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the motion to defer. Votes: Aye: 5—Borno,Beckenbach, Daugherty, Mark,Woods Nay: 0 MOTION CARRIED H. Holding Community Meetings. Commissioner Daugherty proposed that the Commission adopt a policy of holding regular town hall style meetings with the citizenry on a quarterly basis in order to maintain an open relationship with the community and foster a relationship of open dialogue between the commission and the citizens of Atlantic Beach. He proposed that the meetings would be held on the last Saturday morning of each month at the beginning of each quarter. He stated those months are January, April, July, and October, explaining why he chose those months. Motion: Direct staff to bring back in resolution form. Moved by Daugherty, Seconded by Woods Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED I. Contribution of$5,000 to COJB for fireworks for 7/4/13. This item was discussed during the budget amendment. J. Pay raise of 1% for City Manager and City Clerk. May 13,2013 REGULAR COMMISSION MEETING Page 13 Mayor Borno explained, as discussed at the workshop, the City Manager stated he did not want to be considered for this raise. Motion: Approve raising the salary of the City Clerk by 1% effective 10/1/12, when other non-union employees received their raises. Moved by Borno,Seconded by Woods Mr. Hanson explained his reason for not requesting a raise was because the purpose of the raise as discussed by the Commission was to offset the 1% increase the General Employees and Police Officers were going to see in additional pension contributions to the Defined Benefit plans. He stated he is not a participant in the DB plan and consequently it doesn't make sense for him to get that raise. He stated also as a result of the difficult Union negotiations we had last year, he served as the chief negotiator on behalf of the City, which he does not normally do, and he does not want anyone to think he is profiting in any way from having been that closely involved in all the details relating to this. He stated he does support the City Clerk getting a raise as she is in the Defined Benefit plan and if she doesn't get that raise then she would, in effect, have her salary cut by 1%because her contribution to the DB plan will go up. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED K. Selva Marina Reclaimed Facilities Engineering, Phase I RFP 07-04. This item was taken out of sequence and acted on earlier in the meeting. 9. City Manager A. City Manager's Report. City Manager Hanson reported the budget workshop meetings will be held on August 1, 6, 15, and 22 in the Chamber at 5:00 pm. Mr. Hanson reported he waived the fees of$376.75 for park usage, as has been done in the past, for Gospel in the Park, which is Saturday, May 18. He reported that the Blue Collar Union had a ratification vote on April 23 and they voted not to approve the contract but it does not alter the Commission's decision in the impasse hearing. He stated it was a formality under Florida Labor Law that the Union has an impasse vote. He further reported there will be an ICMA webinar entitled "Council Meetings: How to be Efficient and Effective" scheduled in the Chamber on June 6 from 1:00 — 2:30 p.m. and encouraged the Commission to attend. He explained the City was awarded a DEP grant to build the first phase of the PED path starting in Tideviews Park. He stated the total project cost is estimated at $40,000, which includes staff time, and the grant is for 50% or $20,000. He stated they need to get signed off on this by June 7, so to get approval from the Commission in time they will need to have a special meeting before the workshop on May 28. May 13,2013 REGULAR COMMISSION MEETING Page 14 Mr. Hanson reported the City has hired a Redevelopment and Zoning Coordinator, Jeremy Hubsch, to fill the new job created by combining the position formerly held by Sonya Doerr, the Community Development Director, and the position formerly held by Dale Hatfield, working on the Mayport Corridor. He stated he will start this Friday and will be mostly responsible for the Mayport redevelopment efforts. He reminded everyone the annual Employee Picnic is this Friday and invited all of the Commissioners to attend. City Clerk Bartle stated the picnic starts at 11:00 and goes to 3:00. 10. Reports and/or requests from City Commissioners and City Attorney A. Update on Golf Course. This item was taken out of sequence and acted on earlier in the meeting. City Clerk Bartle • Thanked the Commission for the pay increase. Commissioner Daugherty • Reported there is a Board Member Review Committee meeting on Wednesday and there is an opening on the Cultural Arts and Recreation Committee and asked if anyone knows someone who might be interested that they send them an application very quickly. • Encouraged the Commission to consider in the budget getting the City Clerk a portable system for recording meetings. • Stated the problem with the Police Building has not gone away and believes they would be remiss to release the funds. Commissioner Woods • Stated she was happy to hear we have a new Community Development Director and hopes he can look at the Local Economic Growth Umbrella Program she has been talking about. • Reported on the drainage projects on Poinsettia and the Jordan Park area she has been discussing with the City Manager. She explained the City Manager stated they should get consensus from these areas to proceed and she suggested they contact the homeowners in the affected areas to let them know the projects are being considered to get them onboard before they go to the budget process. Discussion ensued. Mr. Carper stated the two projects in his budget request are Saltair/Magnolia/Pine and the southern end of Seminole Road. He stated there is no stormwater master plan project for the Jordan area. Further discussion ensued. • Discussed a call she received from an upset citizen, who is building a house in Atlantic Beach, related to an issue that was holding up their Certificate of Occupancy due to the handprints his children made in the sidewalk cement. She stated she believes it was overkill that because this family's children had put their handprints in the sidewalk they were being denied their occupancy until they removed it and replaced the sidewalk. Discussion ensued with Mr. Hanson stating the City's policy is that we don't accept sidewalks unless they are clean. Commissioner Woods stated she is not expecting to solve this problem tonight, but was just bringing it up because that was a huge consequence to have a Certificate of Occupancy held up for something that most people would think is rather cute. She stated the neighbors looked at it and didn't have a problem with it and it was not affecting anybody's use of the sidewalk; was not graffiti, was not negative; it was very positive; it's part of being in a small community. Mr. Carper further explained what transpired, stating you can say the handprints are cute May 13,2013 REGULAR COMMISSION MEETING Page 15 but he still has a standard he has to meet. Commissioner Woods asked if this is policy or written in our Code, stating she would get with him later about it. Commissioner Mark • Reported on the Advanced Institute for Elected Officials presented by the Florida League of Cities that she attended. She stated one of the subjects they covered was How to be an Effective Council Member and at the next workshop she would like to have the Commissioners complete an evaluation of their decision-making style. • Reminded everyone of the Community Redevelopment Workshop on June 12 at 9:30 at City Hall in Jacksonville. • Announced that Friday was the unveiling of the East Coast Greenway designation of Al A. She stated the Greenway runs from Maine to Key West and the ferry is part of that. • Stated Beaches Watch Candidate Forum will be held August 15. • Reported she was accepted into the Leadership Jacksonville Class of 2014. • Will not be able to attend the employee picnic due to an all day conference. Mayor Borno • Believes they need to discuss at the next workshop the basic format for how the meetings will be run. • Reminded everyone that the NEFLC dinner meeting is this Thursday, May 16 at Casa Marina at 6:00 p.m. He stated it is traditional that the elected officials contribute door prize donations. He stated if they have any items give them to Yvonne Calverley. Commissioner Woods stated she will be at Mayport Middle School that evening and will not be able to attend. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 9:05 p.m. Mike Borno ATTEST: Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk ATTACIIMENT A Proposal to Supply Reuse Wastewater to Selva Country Club May 6, 2013 A. Reasons for Atlantic Beach to provide reuse wastewater for irrigation to Selva Country Club. 1. Maintains greenspace for the future. In exchange for building the reuse system, the City will receive a conservation easement that protects the golf course from additional development after the proposed subdivision is built. The golf course property will remain as greenspace, even if it is no longer economically viable to operate as a private club. 2. Traffic impacts will be limited. Traffic impacts of possible future development on Selva Marina Dr. and other neighboring streets will be limited to only that created by the new, 180 unit residential subdivision and ongoing golf course operations. 3. Prey values will be maintained. This golf course project will maintain existing property values by keeping greenspace frontage to owners in several adjoining subdivisions. 4. Atlantic Beach Tax diciest will increase. Annexation will be pursued and property values resulting from the new 180 unit residential development will increase tax revenues for Atlantic Beach by hundreds of thousands of dollars each year. 5. Environment will be improved. Positive impact on the environment will be achieved by diverting wastewater discharge from the St. Johns River to irrigation. 6, Reuse system will be started. Building a reuse system now to serve the golf course and new subdivision would provide the "backbone" of a system that can be expanded, where economically feasible, in the future. Environmental regulations for wastewater treatment and discharge have become progressively more stringent over many years and the likelihood is high that having this system will benefit the City in compliance with future regulations. B. Adverse Impacts of not providing reuse for irrigation 1. The cost in the future to begin a reuse system will be much more. If built now, a substantial share of the upfront cost will be paid by the developer by putting in "purple pipe" in the new subdivision. Also, the cost to install the system after this subdivision is developed would be much greater. 2. Failure to build a reuse system when this opportunity has been presented would be clearly viewed by environmental regulators and others as a sign of unwillingness by Atlantic Beach's to shoulder its share of the responsibility for conserving our limited water supply in Florida. MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON APRIL 22,2013 AT 6:30 PM City Commission Members present: Mike Borno, Mayor Maria Mark, Mayor Pro Tem Mark Beckenbach, Commissioner Jonathan Daugherty, Commissioner Carolyn Woods, Commissioner Staff present: Jim Hanson, City Manager Rick Carper, Public Works Director Mike Classey, Police Chief Sue Danhauser, Human Resources Director Timmy Johnson, Recreation and Special Events Director Donna Kaluzniak, Utility Director Nelson Van Liere, Finance Director Donna Bartle, City Clerk Nancy Bailey,Recording Secretary The meeting, which was held for the purpose of discussing the agenda items for the Commission Meeting of May 13, 2013, was called to order at 6:30 p.m. by Mayor Borno. Mayor Borno explained the agenda for the workshop. Mayor Borno introduced Scott Christiansen with Christiansen & Dehner, stating, as a courtesy to Mr. Christiansen, he would have him present his agenda items first since he had a long drive after the meeting to be somewhere early in the morning. He stated he would be addressing items 7D and 7E. Mr. Christiansen explained the background of his firm, stating they do almost nothing but governmental pension plans. He gave a presentation on the Police and General Employees' Pension Plans, stating they reviewed the current ordinances and suggested they rewrite entirely new plans. He further explained the changes to each plan. He answered questions from the Commission and City Manager. He further encouraged anyone who has any questions after the first reading of the ordinance to call him. 1. Discussion of Action Items on Commission Meeting Agenda for May 13, 2013: A. Minutes There was no discussion on this item. B. Consent Items Consent Item 4A- Mr. Van Liere, Mr. Hanson and Ms. Kaluzniak answered several questions from the Commissioners related to the Utility Sales Report. Consent Item 4B - Ron Whitesides, Purvis Gray & Company, Audit Partner in charge of the City's outside independent auditors, presented the summary of the results of the annual audit report for September 30, 2012 stating they issued an unqualified opinion, which means it was a clean report without qualification which is the highest opinion they can render. He stated, in addition to the financial audit, they also look at the City's internal controls and how they spend restricted funds and comply with their grants and debt agreements. He stated he was pleased to report they had no findings in those areas so it is a clean opinion and a clean report on compliance and internal controls, which is excellent. He further explained the major changes in revenues and expenditures; the restricted and unrestricted net assets; and the pension liability, rate of return and valuation. He answered several questions from the Minutes—City Commission Workshop April 22,2013 Page 2 Commission. He further stated the Finance Department continues to do an excellent job in spite of losing a long-term employee this year. He stated she was replaced by a new person who is having to be trained and they are having to juggle some responsibilities. He stated, during the audit, they were especially cognizant of looking at changes in control processes because of that, but found they are doing a very good job. Consent Item 4C - Finance Director Nelson Van Liere summarized the actuary reports and impact statements for the Police and General Employees Retirement System, which he distributed to the Commission. He and Mr. Hanson answered questions from the Commission. C. Resolutions Resolution No. 13-06 - Mr. Hanson asked if the Commission had any other comments on the Strategic Plan. Discussion ensued regarding including dollar costs when available and breaking down the Parks Planning and Tree Ordinance category and rescoring them as two separate items. City Attorney Jensen stated as these were originally scored in workshops and no decision has been made to adopt it yet he saw no problem with rescoring the items. The Commission rescored the two items with Parks Planning receiving a score of 22 and Tree Ordinance receiving a 20. Further discussion ensued regarding purchasing additional marsh front property as it becomes available and combining Identifying City Boundaries into the Mayport Road Corridor category. Mr. Hanson stated he will incorporate the comments and bring them back to the next meeting. D. Ordinances Ordinance 20-13-122 - Mr. Hanson summarized the issues related to bringing the hosting and editing in- house. Discussion ensued related to the cost and single vs. multi-camera system. Ordinance 20-13-123 - Mr. Van Liere summarized the Ordinance explaining the budget amendments are for the funding needs pertaining to the recent union negotiations. Ordinance 58-13-35 - Human Resources Director Sue Danhauser summarized the Ordinance explaining it is for the purpose of setting up one part of the Defined Contribution Plan, the 401 Profit Sharing Plan. She stated she will distribute the adoption agreement as soon as it is available. E. Miscellaneous Business 8A. Public Works Director Rick Carper summarized his staff report on the FY 2012-2013 Resurfacing Project stating staff proposes to piggyback on the existing St. Johns County Annual Asphalt Maintenance Services contract. He answered questions from the Commission. 8B. Utility Director Donna Kaluzniak summarized her staff report on the annual Water Quality Report stating DEP requires every customer be given a copy of the report by July 1 of each year. She stated this year DEP is allowing electronic delivery so, instead of putting it in the utility bills, there will be a note on the utility bills with a link to the report as well as a number to give customers the ability to request the report by mail if they want a hard copy. She further stated DEP requires it be added to the website with a direct link to the report. She answered questions from the Commission. Minutes—City Commission Workshop April 22, 2013 Page 3 8C. Chief Mike Classey reported on the proposed updates/changes to the Animal Control Ordinance. It was recommended by the Commission that they change the proposed impound fee increase from $20 to $25. He answered several questions from the Commission. He further stated staff recommends having a Special Magistrate preside over Dangerous Dog cases rather than the Code Enforcement Board. Discussion ensued. City Attorney Jensen stated when there are hearings in front of the Code Enforcement Board people are assessed the cost of the proceedings and he does not know if the City may also be able to assess the cost of the Special Magistrate but he will look into that. 8D. Chief Classey summarized his staff report related to the proposed ordinance for regulating taxi cabs operating within the City. 8E. Rick Carper summarized his staff report regarding Engineering Design of Stormwater Improvements for East Coast Drive stating this is to accept the scope and fees from Edwards Engineering for the stormwater improvements for East Coast Drive. He answered questions from the Commission. 8F. Recreation and Special Events Director Timmy Johnson summarized his staff report stating this is to assist with the dangerous dog issue. He stated staff is requesting to enter into a contract with a dog trainer. He stated after contacting several dog trainers, Ronald White, who is up to speed with what is going on in Atlantic Beach, has agreed to enter into a contract with the City to give classes throughout the City for training dogs. After further discussion, it was recommended that staff add a provision in the contract that the Recreation Director shall approve the locations of the training. 8G. Mr. Hanson recommended this item (Police Building) be deferred indefinitely or at least until after the budget workshops due to time constraints on staff at this time. Discussion ensued. The Commission agreed to consider a deferment at the May 13 meeting. 8H. Commissioner Daugherty asked for input from the Commission on scheduling future community meetings. Discussion ensued. Commissioner Daugherty stated he would put a written proposal together for their consideration on May 13. Mayor Borno stated he could make a request at the next meeting that it be considered for an action item at the June meeting. 8I. Mayor Borno stated he will be making a request that they amend the budget amendment under Agenda Item 7B and consider the contribution request of $5,000 toward the Fireworks. Mr. Hanson added that if they do it as a new budget amendment it could not be done before July 4 so it will need to be added to an existing budget amendment. 8J. Mr. Hanson reported on the pay raise for City Manager/City Clerk stating, although he appreciates them recommending both of them for a pay raise, he would request that he not be considered for the pay raise since it was to offset the 1% increase in the cost to employees for the pension plan and he is not in the pension plan. Secondly, with the year being a very difficult time for the employees and the very serious changes to negotiate, as the chief negotiator for the City, he believes it would look very bad if he came out ahead. He stated he does believe the City Clerk needs a raise because she is in the defined benefit plan and if she does not get the same 1% Minutes—City Commission Workshop April 22, 2013 Page 4 raise everybody else gets, when this goes into effect, she will lose 1% of her pay. Mayor Borno stated they will take that into consideration when they take action on this. Commissioner Mark gave an update on the meeting with the developers of Selva Marina and their attorney. She further stated she, Jim Hanson and Alan Jensen also have a meeting with Mark Hudson of North Florida Land Trust to discuss drafting a conservation easement. Donna Kaluzniak reported on the irrigation issue and the proposed solutions, stating the golf course is going to need water by January. She stated her request to the Commission is to authorize the design and engineering services for that project. She distributed a cost proposal and timeline to the Commission. Ms. Kaluzniak and Mr. Hanson answered questions from the Commission. Discussion ensued. Mr. Kaluzniak explained she is applying for a 40% cost share grant through the Water Management District but there is a lot of competition and she does not know if we will get it. Mr. Hanson asked for permission to put the irrigation item on the May 13 meeting agenda due to the time constraint issues. Further discussion ensued and it was the consensus to add the item to the agenda of May 13. 2. Discussion of Non-Action Items on Commission Meeting Agenda for May 13,2013: A. Proclamations There was no discussion on this item. B. City Manager's Follow-up Report/City Manager's Report There was no discussion on this item. 3. Public Input Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Bill Mayhew, 1870 N. Sherry Drive, addressed the cost of special magistrate stating they should not create a system where the poor people can't fight it but the rich people can; stated he doesn't understand why the City is getting involved in dog training; and asked why the City needs to put water on the golf course. He also stated he was very disappointed that pension plans did not even make the final cut on the strategic planning items and further spoke against the defined benefit pension plan. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. City Clerk Donna Bartle reported there were errors in Section number references that were discovered after they adopted the Flood Plain Ordinance and City Attorney Jensen had determined they are scrivener's errors and no further action is needed. She stated Mr. Jensen suggested she advise the Commission of the errors and that they intend to make the corrections to the Ordinance and have the Mayor sign it. Minutes—City Commission Workshop April 22, 2013 Page 5 There being no further discussion by the City Commission, Mayor Borno declared the meeting adjourned at 10:17 p.m. Mike Borno Mayor Donna L. Bartle, CMC City Clerk AGENDA ITEM#3A JUNE 10,2013 June 3, 2013 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans Aft, City Manager SUBJECT: Follow-up eport Procedure for Calling Special Meetings for Second Reading of Ordinances; At the workshop on May 28th, the City Commission discussed the possibility of setting special meetings at future workshops to have the second readings of ordinances that are time sensitive. While no action was taken at the workshop,the consensus appeared to be that the Commission could discuss the time sensitive nature of any particular ordinance at the time of its first reading and, if sensitive, agree to call for a special meeting at the next workshop rather than wait for the next regular commission meeting. The process discussed by the Commission for zoning changes conflicts with current provisions in the City Code and, in some cases, with State law. The City Code requires that notices be mailed to adjoining property owners at least 30 days prior to each public hearing and that posted notices be put up at least 14 days prior to each hearing. These provisions were adopted by the current Commission before the more recent change in the schedule for regular City Commission meetings. The intent in extending the length for the zoning notices was to give the public more time to react to zoning changes and the intent in changing the meeting schedule was to give the public more time to react for all City Commission decisions. A question that the City Commission should consider is whether or not the City Code should be changed now that the longer meeting schedule already provides for the additional time needed by citizens. State law also requires additional time for public notice for zoning changes that are initiated by the municipality or that are changes to the zoning code itself However, most zoning actions that come to the City Commission for approval are changes to the zoning designation for particular pieces of property that are initiated by the property owner(like the Selva Marina Country Club rezoning). See the attached e-mail from Erika Hall dated May 31, 2013 with more information on the City Code provisions and state law. Commission Chamber Air Conditioners; At the last workshop on May 28th, complaints were received about the lack of air conditioning in the meeting room. It has since been discovered that there was an underground coolant leak to one of the units. It is being repaired at the time of the writing of this report. AGENDA ITEM#3A JUNE 10,2013 Hanson, Jim From: Hall, Erika Sent: Friday, May 31, 2013 2:47 PM To: Hanson, Jim Cc: Griffin, Michael Subject: notice requirements for zoning changes Mr. Hanson, Below are tables summarizing the notice requirements for adoption of ordinances changing the zoning map designations and/or list of permitted, conditional or prohibited uses within a zoning category,as required by Florida Statutes (Table 1) and Atlantic Beach Code (Table 2). PUBLIC HEARING ORDINANCES CHANGING ORDINANCES CHANGING ORDINANCES CHANGING LIST NOTICES FOR ZONING ZONING MAP DESIGNATION, ZONING MAP DESIGNATION, OF PERMITTED,CONDITIONAL CHANGES INITIATED BY OTHER THAN INITIATED BY THE OR PROHIBITED USES WITHIN THE MUNICIPALITY MUNICIPALITY A ZONING CATEGORY PER FLORIDA STATUTES PUBLISHED NOTICE ONE(1)TIME—10 DAYS PRIOR IF 10+ACRES...TWO(2) TWO(2)TIMES...7 DAYS PRIOR REQUIRED TO ADOPTION [§166.041(3)(a), TIMES...7 DAYS PRIOR TO FIRST TO FIRST PH AND 5 DAYS PRIOR (c),FS] PH AND 5 DAYS PRIOR TO TO SECOND PH;SECOND PH SECOND PH;SECOND PH MUST MUST BE AT LEAST 10 DAYS BE AT LEAST 10 DAYS AFTER AFTER FIRST PH FIRST PH [§166.041(3)(c)2.a, [§166.041(3)(c)2.a, FS] FS] MAILED NOTICES TO AFFECTED MAILED NOTICES TO AFFECTED PARTIES MAY BE SENT IN LIEU PARTIES MAY BE SENT IN LIEU OF PUBLISHED NOTICES OF PUBLISHED NOTICES [§166.041(3)(c)2.c, FS] [§166.041(3)(c)2.c, FS] MAILED NOTICE REQUIRED NOT REQUIRED IF<10 ACRES...AFFECTED NOT REQUIRED PARTIES—30 DAYS PRIOR TO PH/ADOPTION [§166.041(3)(c)1, FS] POSTED NOTICE REQUIRED NOT REQUIRED NOT REQUIRED NOT REQUIRED PUBLIC HEARING ORDINANCES CHANGING ORDINANCES CHANGING ORDINANCES CHANGING NOTICES FOR ZONING ZONING MAP DESIGNATION, ZONING MAP DESIGNATION, LIST OF PERMITTED, CHANGES INITIATED BY OTHER THAN INITIATED BY THE CONDITIONAL OR PROHIBITED THE MUNICIPALITY MUNICIPALITY USES WITHIN A ZONING PER AB CODE CATEGORY PUBLISHED NOTICE REQUIRED AT LEAST 10 DAYS PRIOR TO AT LEAST 10 DAYS PRIOR TO AT LEAST 10 DAYS PRIOR TO EACH PUBLIC HEARING EACH PUBLIC HEARING EACH PUBLIC HEARING [SECTION 24-51(b)(1)a] [SECTION 24-51(b)(1)] [SECTION 24-51(b)(1)] MAILED NOTICE REQUIRED AT LEAST 30 DAYS PRIOR TO AT LEAST 30 DAYS PRIOR TO AT LEAST 30 DAYS PRIOR TO EACH PUBLIC HEARING EACH PUBLIC HEARING EACH PUBLIC HEARING [SECTION 24-51(b)(1)b] [SECTION 24-51(b)(1)bJ [SECTION 24-51(b)(1)bJ POSTED NOTICE REQUIRED AT LEAST 14 DAYS PRIOR TO AT LEAST 14 DAYS PRIOR TO AT LEAST 14 DAYS PRIOR TO EACH PUBLIC HEARING EACH PUBLIC HEARING EACH PUBLIC HEARING [SECTION 24-51(b)(1)c] [SECTION 24-51(b)(1)c] [SECTION 24-51(b)(1)c] 1 AGENDA ITEM#4A JUNE 10,2013 Atlantic Beach Police Department 1st Quarter 2013 Highlights The first pedestrian and bicyclist safety campaign came to fruition from February 28- March 10th; when the "Yield to Life; Look ALL-Ways" campaign rolled out and focused on four intersections along Atlantic Boulevard (Sherry, Seminole, Sailfish and Royal Palm). The campaign raised a lot of awareness and was highly visible not only in Atlantic Beach but also on media outlets throughout Jacksonville. Over 250 T-shirts were given out while speaking with bicyclists and pedestrians traveling in the area; as well as over 7,000 educational brochures distributed to local residents and patrons of Atlantic Beach businesses. We continue to have one full time officer dedicated to the COPS (Community Oriented Policing)program. This officer spends much of his time interacting with citizens within the community, building positive relationships. He does daily patrols on a bicycle to allow more citizen interaction. He also visits the community centers and city parks on a daily basis, as well as contacts local transients and people in need to offer resources. The Atlantic Beach Police Department continues to have an exceptional emergency response time. The average emergency response time for January through March 2013 from the time the first call is received to the first officer on scene is 3 minutes 8 seconds. Crime The state wide annual Part I crime statistics (Murder, Rape, Robbery, Aggravated Assault, Burglary, Larceny and Auto Theft) for 2012 have just been published. The Atlantic Beach Police Department continues to have an extremely low per capita(1,000 residents) crime rate. All the municipalities in Duval County, as did the state, experienced a decrease in Part I crimes. However, Atlantic Beach experienced the largest decrease in part one crimes in 2012 compared to 2011(down 22.4%). Location AB NB JB JSO Florida Per Capita 28.86 33.18 56.16 48.13 40.70 Crime Rate annual 2012 2011 37.84 36.23 65.96 50.15 38.06 Percent -22.4 -7.5 -14.0 -3.5 -5.7 change Atlantic Beach proportionately solved more crimes than our counterparts. The clearance rate exceeded 30% which was up over 4% from last year. AGENDA ITEM#4A JUNE 10,2013 This year crime continues to drop from the lows observed last year. The first quarter Part I crimes were 17% (69 vs. 83) lower than the same time last year. Productivity In the first quarter, there were 5,560 calls for service. Officers made 203 arrests, which increased slightly from the same time last year (196). The increase represents more arrests for crimes other than Part I. there were 1,370 traffic citations were issued between January and March of this year, and 64 traffic accidents were reported. The Animal Control Division received 379 calls this quarter, issued 44 citations, and impounded 69 animals. Personnel Currently the Police Department has no vacancies. Training The Department is deeply committed to providing quality training to all its employees. In the first quarter of 2013, employees have attended training in the following topics: • Supervisor Liability • Narrative Reconstruction • Public Records Management • Sovereign Citizens 101 • Bulletproof Leadership • Advanced Tactics for Criminal Patrol • Less Lethal Instructor • 2013 Animal Control Association Conference • Advanced Roadside Impaired Driving Enforcement Advanced training keeps employees current and on the cutting edge of Public Safety techniques, trends and strategies. The Department believes a better trained employee results in the delivery of a higher quality of service. The above list does not include classes taken by the employees who are enrolled in various college degree programs. Quarterly Report Atlantic Beach Police Department 1st Quarter 2013 Part I Crimes 1st Quarter 2011 1st Quarter 2012 1st Quarter 2013 2012-2013 Comparison Murder 0; 0 01 0% Rape 3 1 0; -100% Robbery 3 1; 3 1 200% Aggravated Assault — 16 71 8 14% Burglary 141 171 12; -29% Larceny 59 56 43 -23% Auto Theft 4 1 3 200% Total 99 83 691 -17% Calls for Service 6,333 5159 5,560 8% TOTAL ARRESTS 220 196 203 4% DUI Arrests 74 65 701 8% Traffic Citations 1,193 997 1,370 37% Auto Accidents 50; 60 64 7% Emergency Response Time Average 2 min 12 sec 1 2 min 44 sec 3 min 8 sec Stolen Property $174,0001 $ 97,911 $ 56,428 -42% I Recovered Property $48,354 $ 11,289 $ 6,797 -40% Recovery Percentage 28% 12% 12% Crime Suppression Felony Arrests 14 4 31 -25% Misdemeanor Arrests j 10 12 21 -83% Alcohol Deployment Arrests 2 1 01 -100% Prostitution Arrests 0 0 0 0% Animal Control - -- --- — Phone Calls 5581 627 379 -40% Citations _ 65 47 44 -6% Animal Bites Reported _ _ 4 _ 2 _ _ 2; 0% Animals Impounded 84 91 69i -24% FIRE DEPARTMENT EMS Calls j 194 232 174 -25% Response Time _ ! 4 min. 36 sec. 4 min 14 sec 4 min 21 sec Fire Calls _ 311 54.1 23 -57% Response Time 4 min. 38 sec. 5 min 31 sec 4 min 19 sec z b ° y N y O a W A City of Atlantic Beach AGENDA ITEM#4A FINANCIAL REPORT JUNE 10,2013 March 2013 Cash Balances Prior Current Dollar Percent Fund(s) 02/28/13 03/31/13 Change Change General $7,648,928 $7,561,464 ($87,464) -1.14% Tree Replacement 6,493 6,493 0 0.00% Convention Development Tax 57,244 66,718 9,475 16.55% Local Option Gas Tax 169,506 186,371 16,865 9.95% Better Jax 1/2 Cent Sales Tax 232,890 256,834 23,945 10.28% Police Training, Forfeiture, Grants,etc. 169,717 163,913 (5,804) -3.42% Community Development Block&ARRA Grants 23,875 166,279 142,404 596.46% Debt Service 34,504 40,487 5,983 17.34% Capital Projects 2,785,918 2,790,518 4,600 0.17% Utility 5,252,691 5,672,744 420,053 8.00% Sanitation 692,784 701,529 8,745 1.26% Building Code Enforcement 91,471 94,187 2,716 2.97% Storm Water 1,442,434 1,505,300 62,867 4.36% Pension-Police 3,134 22,091 18,957 604.95% Pension-General 233,794 299,470 65,675 28.09% Total $18,845,382 $19,534,399 $689,017 3.66% Total Restricted Cash $8,065,268 Total Unrestricted Cash $11,469,131 Cash and Investments Annual Prior Current Dollar Percent Account Yield 02/28/13 03/31/13 Change Change Bank of America- Depository 0.24% $2,973,805 $3,624,861 $651,055 21.89% Columbia US Government MTG A 1.73% * 1,003,541 1,004,794 1,252 0.12% Eaton Vance Government Obligations A 1.62% * 1,319,312 0 (1,319,312) -100.00% Loomis Investment Grade Bond A 2.49% * 1,525,764 1,535,864 10,100 0.66% Loomis Sayles Limited Gov an Agency 1.14% * 997,666 999,491 1,825 0.18% Lord Abbett Income A 3.64% * 1,523,619 1,529,862 6,243 0.41% Delaware Diversified Income Fund 2.26% * 1,693,272 1,698,098 4,826 0.29% Lord Abbett Short Duration Fund 2.26% * 1,014,982 1,015,939 957 0.09% Invesco Corporate Bond A 2.49% * 1,886,670 1,890,015 3,344 0.18% Pioneer Strategic Income A 3.36% * 1,911,581 1,920,176 8,596 0.45% Legg Mason WA Cash Reserve Fund 0.01% * 1,001,274 1,001,376 102 0.01% Nuveen Total Return Bond Fund A 4.05% * 1,987,726 1,996,728 9,002 N/A MFS Bond Fund A 1.99% * 0 1,313,706 1,313,706 MSSB Money Market/Cash 0.00% 2,691 0 (2,691) N/A SBA-Florida Prime 0.22% * 328 341 12 3.71% Cash on Hand 0.00% 3,150 3,150 0 0.00% Subtotal 18,845,382 19,534,399 689,017 3.66% Police Pension Investments 7,266,401 7,341,658 75,257 1.04% General Pension Investments 13,041,365 13,086,309 44,944 0.34% Subtotal 20,307,766 20,427,967 120,201 0.59% Total $39,153,148 $39,962,366 $809,218 2.07% * Denotes the 30 day SEC Yield Anualized City of Atlantic Beach AGENDA ITEM#4A FINANCIAL REPORT JUNE 10,2013 March 2013 Revenues Annual YTD - 50% YTD Dollar Percent Fund /(Footnote) Estimate of Estimate Actual Variance Variance General (1) $10,994,301 $5,497,151 $7,111,244 $1,614,094 29.36% Convention Development Tax 70,000 35,000 47,418 12,418 35.48% Local Option Gas Tax 433,655 216,828 211,862 (4,966) -2.29% Better Jax 1/2 Ct Sales Tax 657,738 328,869 334,448 5,579 1.70% Police Training, Forfeiture & Grants, etc. 109,860 54,930 61,618 6,688 12.18% Grants-(3) 108,866 54,433 216,560 162,127 297.85% Debt Service 71,900 35,950 35,724 (226) -0.63% Capital Projects 5,000 2,500 11,652 9,152 366.08% Utility-(4) 8,610,929 4,305,465 4,177,618 (127,847) -2.97% Sanitation 1,814,950 907,475 902,498 (4,977) -0.55% Building Code Enforcement-(5) 282,600 141,300 148,986 7,686 5.44% Storm Water 1,097,430 548,715 559,687 10,972 2.00% Pension- Police(2) 1,233,745 616,873 519,268 (97,604) -15.82% Pension-General(2) 2,174,392 1,087,196 1,062,874 (24,322) -2.24% Total $27,665,366 $13,832,683 $15,401,456 $1,568,773 1t34% 1 Analysis of Major Variances (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 $97,604 negative variance in the Police Employee Pension Fund & the $24,322 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. and F.E.M.A. Wind retro-fit 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 March for both Water and Sewer. Base charges are below budget by about 7% and volume sales are below projections by about 16% in water and 8% in sewer. These are partially off-set by the receipt of a rebate from electric energy savings from JEA of$142,000. (5) Building Permit fee revenues are running 6% above projections. City of Atlantic Beach FINANCIAL REPORT AGENDA ITEM#4A March 2013 JUNE 10,2013 Expenses Annual YTD - 50% YTD Dollar Percent Department/ (Footnote) Estimate of Estimate Actual Variance Variance Governing Body $42,645 $21,323 $20,071 $1,252 5.87% City Administration 2,393,735 1,196,868 1,118,120 78,748 6.58% General Government(2) 920,361 460,181 684,965 (224,784) -48.85% Planning and Building 443,666 221,833 197,691 24,142 10.88% Public Safety(1,5 ) 5,592,274 2,796,137 2,298,863 497,274 17.78% Recreation and Special Events 397,376 198,688 191,872 6,816 3.43% Public Works (3) 6,078,591 3,039,296 2,191,384 847,911 27.90% Public Utilities (4) 9,351,075 4,675,538 4,634,938 40,600 0.87% Pension - Police 653,056 326,528 336,988 (10,460) -3.20% Pension- General 789,485 394,743 429,846 (35,104) -8.89% Total $26,662,264 $13,331,132 $12,104,737 $1,226,395 Annual YTD - 50% YTD Dollar Percent Resource Allocation Estimate of Estimate Actual Variance Variance Personnel Services (5) $9,549,191 $4,774,596 $4,310,134 $464,462 913% Operating Expenses (2) 10,188,444 5,094,222 4,235,007 859,215 16.87% Capital Outlay(1) & (2) 3,075,763 1,537,882 1,118,559 419,322 27.27% Debt Service (4) 2,519,412 1,259,706 1,773,713 (514,007) -40.80% Transfers 1,329,454 664,727 667,324 (2,597) -0.39% Total $26,662,264 $13,331,132 $12,104,737 $1,226,395 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 and in March totaling $328,665. 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 AGENDA ITEM#4A FINANCIAL REPORT JUNE 10,2013 March 2013 Project Activity - Current Year Activity Only Project YTD YTD Project Name Number Budget Actual Balance Status Public Safety Police Building Renovation/Design/Construction PS0504 60,000 0 60,000 DE $ 60,000 $ - $ 60,000 Public Utilities: TMDL-Lift Station/Main Transfer Flow PU0906 9,282 1,716 7,566 C TMDL Upgrade/Construction-WWTP#1 PU1106 147,862 63,199 84,663 C TMDL Sludge/Odor Improvements PU1110 144,606 15,261 129,345 C Water Main- 12th Street at Ocean Blvd/Beach Ave PU1204 36,962 19,805 17,157 C Water Main- 14th& 15th Street at Ocean Boulevard PU1205 201,657 108,483 93,174 C Rehab of Interior of Tank#1 PU1301 41,500 41,500 I Recoat Both Ground Storage Tanks WP#3 PU1303 55,000 55,000 I Replace the Water Main on Pine Street PU1304 90,000 4,156 85,844 I Replace 4"Water?Main at Wonderwood and Finegan PU1305 180,000 8,324 171,676 I PT Repair at Lift Station C PU1306 40,000 40,000 I PT Repair at West 6th and Stock PU1307 55,000 19,891 35,109 C Repair 24" Effluent Force Main PU1308 86,000 86,000 I Repair 12" Force Main PU1309 56,000 56,000 I Replace Yard Pump PU1310 18,435 18,435 C Sewer Rehabilitation 2013 PU1311 202,300 169,375 32,925 C Subtotal $ 1,364,604 $ 410,210 $ 954,395 Public Works: Marsh Master Plan Signs PM1301 38,700 38,700 I Marsh Master Plan Project Design PM1303 34,000 10,200 23,800 E Rose Park Development PM1302 225,000 11,350 213,650 E Dutton Island Road Sidewalks PW1301 79,064 79,064 E Sidewalk and Curb Replacements PW1302 25,000 6,041 18,959 I City Hall Parking Lot Lights PW1303 32,000 32,000 B Irregation Improvements Atlantic Blvd. PW1304 4,600 4,600 0 C Sidewalk on West 9th Street PW1305 33,000 19,499 13,501 C East Coast Drive Drainage Improvements PW1306 360,000 360,000 E Subtotal $ 831,364 $ 51,690 $ 779,674 Total $2,255,968 $ 461,900 $1,794,070 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 BUILDING DEPT. MONTHLY ACTIVITY REPORT COMPARISON REPORT REPORT FOR THE MONTH APRIL 2013 COMPARISION 2012 - 2013 PERMIT TYPE NUMBER OF PERMITS I TOTAL INSPECTIONS YTD 2012 YTD 2013 YTD 2012 YTD 2013 YTD 2012 YTD 2013 SINGLE FAMILY 8 3 $ 1,842,970.00 $434,550.00 DUPLEX 0 0 $ - $0.00 , REMODEL/ADDITIONS 89 110 $ 1,898,350.00 $1,524,783.00 COMMERCIAL NEW 0 0 $ - $ - OTHER 623 729 $ 4,543,714.00 $ 4,561,062.00 TOTAL 720 842 $ 8,285,034.00 $6,520,395.00 1315 1706 1 PERMITS ISSUED FOR THE MONTH OF FEBRUARY 2013 NO.PERMITS PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED SINGLE FAMILY 1 $ 550.00 $ 165,000.00 BUILDING 185 NEW DUPLEX MULTI FAM 0 $ - $ - ELECTRICAL 79 I RESIDENTIAL ADDITIONS 3 $ 720.00 j $ 3,540,000.00 PLUMBING 59 COMMERCIAL NEW 0 $ - 1 $ - MECHANICAL 60 COMMERCIAL ADDITIONS 0 $ - $ - MISC. 2 COMMERCIAL ALTERATIONS 1 $ 60.00 $ 1,850.00 PERMITS MISC 19 $ 1,760.00 $ 212,845.00 TOTAL 385 ELECTRICAL 36 $ 3,152.00 $ - MECHANICAL GAS 3 I $ 255.00 $ - MECHANICAL HVAC 39 $ 3,893.00 $ - PLUMBING 28 $ 2,703.00 $ - ROOFING 25 $ 2,200.00 $ 182,488.00 WINDOW/DOOR 15 $ 1,255.00 $ 224,083.00 DEMOLITION 8 $ 800.00 $ - REINSPECTION FEES 2 $ 110.00 $ - PERMIT RENEWALS 0 $ - $ - Projects to Note OCCUPANCY INSPECTIONS 4 $ 400.00 $ - PENALTY FEES 3 $ 630.00 $ SIGNS 0 $ - $ - FENCES 15 $ 525.00 $ DRIVEWAYS 4 $ 140.00 $ > WELL 1 ' $ 75.00 ; $ - — z SIDING 3 $ 330.00 $ 35,565.00 tri POOL 2 $ 315.00 1 $ 42,320.00 0 4 TOTAL 212 $ 19,873.00 $ 1,318,151.00 m Y AGENDA ITEM#4A JUNE 10,2013 City of Atlantic Beach, Fl. Utility Sales Report , 1.. .. April 20'13 0 , April 2012 .0- 1 : i 7A Gallons Actual Revenue 0 I Gallons Actual Revenue g rigg Water Sales Accounts 0000 Revenue Per 1,000 gl f Accounts 0000 Revenue Per 1,000 gl il I '' a • Atlantic Beach RA 5 634 35,662 $135,530 $3.80 1 5,614 39,909 $147,748 $3 70 1 Buccaneer . 2,480 15,047 $80,896 $5.38 2,469 15,759 $83,278 $5.28 :1,., g Total Water Sales i i t ,: 8,114 50,709 $216,426 $4.271 8,083 55,668 $231,026 $4.15 0 I . g g` gi g ;:i• Fa Gallons Gallons 6 6 6 Water Plant Production i 0000 g c 0000 ..- k ;., Atlantic Beach * 42,186 io Fa t 54,197 11 Buccaneer 17,143 . 12,715 1 66,91 F16 64 Total Production ., . 59,329 66,912 i i 1 # 0 16- 46 0 Total Water Billed , 50,709 ...* 55,668 li 6 6 4 , Water Loss for month: ; 8,620 11,244 I g rt. vo g •Percentage Loss II 14.53% i 1 16.80% ri 4 1 ..i Total 12 mo.Avg. Loss 11.50% g 16.53% 2 _ i " W-- .5N,W.- k 64 Gallons Actual Revenue Gallons Actual Revenue 0 .. Sewer Sales Accounts 0000 Revenue Per 1,000 gl t.:Accounts 0000 Revenue Per 1,000 gl • Atlantic Beach 1 5,219 29,829 $230,474 $7.73 r 5,194 32,292 $239,838 $7.43 1 # 0 Buccaneer - 2,372 17,026 $167,183 $9.82 k 2,366 18,271 $169,647 $9291 g Total Sewer Sales g 7,591 46,855 $397,657 $8.49 i 7,560 50,563 $409,485 $8.10 0 g 0 7,- 1 g ; .17,,,/7.''-k;,.-",, ,0.,,,y,,,_,w-----,5,-,_- .,,,,*;--„s„,„7- .,- - "m..-.4.-.:- :",--- -,,,,,,,,,. ..xt----...... . Awe:.,,,. ..,,,...',,,:-.,'..,.....,,,e.:_"..,.,.,..i..:,-"-s.,-,..-;,,--."," "-w..,"-- ,e;,-"•=r,,----- , .-:-,,,,----->-"-'' v-: --- Gallons Actual Revenue ° Gallons Actual Revenue 1 Sewer Treatment p 0000 Revenue Per 1,000 gl • 0000 Revenue Per 1,000 gl ri, ti Atlantic Beach * 55.314 $397,657 $7.19 6 36.121 $239,838 $6 64 1 0 15.312 $169,647 $11.08 1 $7.96; Total Sewer Treated g' I 55.314 $397,657 $7.19 g 0.., 51.433 $409,485 0 g_gg_ggwg------ --g gg--g•g-gg :ggwgg ggggggggggggggggg .ggggggg :._0 g ig... gg..--g_gg gg.....- -,---igg.-g ,gggggggggggggg:g.ggggggg...m.gggwgg-_,,g AGENDA ITEM#4A JUNE 10,2013 PREPARED 5/20/13, 8:48:30 LICENSE ACTIVITY REPORT BY BUSINESS NAME City of Atlantic Beach NEW LICENSES FOR YEARN 2013 BETWEEN: 04/01/13 TO 04/30/13 PROGRAM OL122L DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION BUSINESS ADDRESS BUS. PHONE # 13-00007673 ADVANCED COOLING TOWER SYSTEMS 4/03/13 NEW MISCELLANEOUS SALES, OTHER THAN LIST 343 AHERN ST 904-249-0303 ATLANTIC BEACH FL 32233 13-00007668 ADVANTAGE SIGNS & ADVERTISING, 4/05/13 NEW PRINTER/PRINT SHOP 31 LEWIS ST 904-247-1228 ATLANTIC BEACH FL 32233 13-00007672 BEACHES LAWN ENFORCEMNT 4/05/13 NEW LAWN/YARD SERVICE 1108 VIOLET ST 904-708-3254 ATLANTIC BEACH FL 32233 13-00007671 CEVICHE JAX 4/05/13 NEW RESTAURANTS(INC. SNACK BARS & TAKE 0 695 ATLANTIC BLVD 3057910-6205 ATLANTIC BEACH FL 32233 13-00007670 COASTAL ACUPUNCTURE, INC. 4/05/13 NEW ACUPUNCTURIST 60 OCEAN BLVD 904-477-4898 ATLANTIC BEACH FL 32233 13-00007681 HEALTHY BEACH GIRL 4/22/13 NEW CONSULTANT, NOT OTHERWISE CLASSIFIED 2236 BAREFOOT TRAC 904-885-2152 ATLANTIC BEACH FL 32233 13-00007682 WONDERFULLY LONG MASSAGE 4/22/13 NEW MASSAGE ESTABLISHMENT 535 ATLANTIC BLVD 904-563-2583 ATLANTIC BEACH FL 32233 13-00007683 WONDERFULLY LONG MASSAGE 4/22/13 NEW MASSAGE THERAPIST 535 ATLANTIC BLVD 904-563-2583 ATLANTIC BEACH FL 32233 13-00007677 1085 ATLANTIC LLC 4/05/13 NEW APARTMENT BUILDING/COMPLEX 1088 CORNELL LN UNIT 16 813-444-1500 ATLANTIC BEACH FL 32233 GRAND TOTALS NEW LICENSES' AC: 9 PP: 0 IN: 0 VO: 0 PG: 0 BR: 0 OB: 0 UC: 0 LIC: 9 • ACiI NI)r1 ITEM tf 413 JUNE 10,2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Annual Contract for Trimming Palm Trees SUBMITTED BY: Rick Carper, P.E., Director of Public Works DATE: May 8, 2013 = BACKGROUND: Bids were opened on May 8, 2013 for a new annual contract for palm tree trimming. The Bid includes the Atlantic Blvd. Medians, Town Center and Mayport Road Flyover areas, Mayport Road Medians, several park areas and provides a per tree price for other City Departments. The bid states that Sabal and Washingtonia palms will be trimmed in late spring, while the Medjool Date palm trimming will probably be scheduled in July/August. Specifications require trimming palm fronds up to the 9:00 O'clock & 3:00 O'clock positions, removing all berry stalks and rotten boots. The Specifications authorize a three year contract with two one-year renewals upon mutual agreement of the City and the Contractor. Three (3) bids were received: Company _ Location 1 Total for one trimminL Lewis Tree Services,Inc. West Henrietta, New $38,536.00 York Luke Brothers, Inc. Holiday Florida $22,494.00 Shaw's Tree Service, LLC Jacksonville, Florida $25,010.00 Staff received excellent references for Luke Brothers, Inc. RECOMMENDATION: Award the Annual Contract for Trimming Palm Trees to Luke Brothers, Inc. ATTACHMENTS: Bid Tabulation Sheet BUDGET: Total budget for Fiscal Year 11/12 is $2,500 for Atlantic Blvd. & Mayport Rd. Medians (account 0015002-541.34-00); $9,222 for Town Center (account 001-5002-541.34-02); $2,372 for flyover areas (account 001- 5002-541.34-03); and $5,000 for Parks (account 001-6020-572.34-00). 71°. REVIEWED BY CITY MANA9 R City of Atlantic Beach Annual Contract For Palm Tree Trimming May 8,2013 BID 1213-05 3:00 Pit Lewis Tree Service,Inc. Luke Brothers Landscape Shaw's Tree Service Service Required Documents Submission in Triplicate X X X Document Requirements Checklist X X X Bid Form X X X Insurance Certificate X X X Drug Free Workplace X X X Public Entity Crimes Statement X X X W-9 Form X X X Business Tax Receipt(formerly known as Occupational License) Net required in their eountylstate X X N/A N/A(Included certifications) N/A Proof of five(5)years experience X X X References-3 X X X Written Confirmation of any Addenda-JUST RELEASED MAY 07,2013 NO NO NO TOTAL COST FOR EACH LOCATION; Atlantic Boulevard Medians-43 Medjool Palms $5,611.50 $2,365.00 $4,300.00 Town Center Area-428 Palm Trees $14,980.00 $9,844.00 $8,560.00 Town Center Area-31 Medjool Palms $4,045.50 $1,705.00 $1,550.00 Pond on Mayport Rd.(between W.4th&W.5th Streets)-32 Palms $1,120.00 $736.00 $704.00 Flyover-Atlantic Beach Side-13 Palm Trees $455.00 $299.00 $234.00 Flyover-Atlantic Beach Side-10 Medjool Palms $1,305.00 $550.00 $750.00 Flyover-Neptune Beach Side-59 Palm Trees $2,065.00 $1,357.00 $1,298.00 raypo . r'-•tans •e -en rr •' : 'u'on sa • • - ve•oo Palms $913.50 $385.00 $700.00 Ocean Rescue on Ahem St.Beach Access-22 Palm Trees $770.00 $506.00 $396.00 Bull Park(716 Ocean Blvd.)-120 Palm Trees $4,200.00 $2,760.00 $4,620.00 Bull Park(716 Ocean Blvd.)-1 Medjool Palm $130.50 $55.00 $50.00 Frazier Park(4 medians on Plaza between L.Coast Dr.&Seminole Rd.)- 47 Palm Trees $1,645.00 $1,081.00 $1,034.00 City Hall/Public Safety Building(800 Seminole Rd.)-37 Palm Trees $1,295.00 $851.00 $814.00 Grand Total for A0 850 Palm Trees $38,536.00 $22,494.00 $25,010.00 Price Per Palm Tree for Other City Departments: , ' '4',, ' Price Per Saba!Palm $35.00 $23.00 $18.00-$22.00 > Price Per Washingtonian Palm $35.00 $23.00 $18.00-$22.00 z Price Per Medjool Palm $130.50 $55.00 $50.00-$100.00 Cr7 y tJ tl7 o4 Award of Bid based on Department Analysis and Commission Approval L„ 4. CO N th fi, ■ on a TPiJ Transportation Planning Organization PLAN • F[1Ndi • MC76VLi2 • Transportation Improvement ProgramBe Fiscal Years 2013/14 - 2017/18 Beaches Draft Supplement i— - - .' • :11 .. - 1r 'iv of •.JI*4 g@ l - - ` �� .. �< ",k6,f- , e r c 1022 Prudential Drive ' Jacksonville, Florida 32207 • T 904.306.75U0 • F 994.306.7501 • www.northfloridatpo.com '8 E w North Florida TPO Transportation Improvement Program-FY 2013/14-2017/18 Fund Phase Source 2013/14 2014/15 2015/16 2016/17 2017/18 Total ATLANTIC BLVD EB (SR 10) AT SAN PABLO RIVER BRIDGE NO 720044 -4261761 *Non-SIS* BRIDGE-PAINTING Length: 0.492 mi Responsible Agency: FDOT PE DIH 1,000 0 0 0 0 1,000 CST DIH 17,527 18,037 18,564 0 0 54,128 CST BRRP 2,065,609 0 0 0 0 2,065,609 Total 2,084,136 18,037 18,564 0 0 2,120,737 Prior Cost<2013/14 382,572 Future Cost>2017/18 0 Total Project Cost 2,503,309 BEACH BLVD (US90) (SR 212) FROM SAN PABLO ROAD TO SOUTH 12TH ST. -4319621 *Non-SIS* LANDSCAPING Length: 2.208 mi Responsible Agency: FDOT PE DIH 1,000 0 0 0 0 1,000 PE DDR 70,000 0 0 0 0 70,000 CST DIH 0 85,125 0 0 0 85,125 CST DDR 0 750,000 0 0 0 750,000 Total 71,000 835,125 0 0 0 906,125 Prior Cost<2013/14 238,711 Future Cost>2017/18 0 Total Project Cost 1,144,836 BEACH BLVD(SR 212) FROM ST.JOHNS BLUFF TO SAN PABLO ROAD-4319551 *Non-SIS* LANDSCAPING Length: 5.263 mi Responsible Agency: FDOT PE DIH 500 0 0 0 0 500 CST DIH 154,800 0 0 0 0 154,800 CST DDR 1,500,000 0 0 0 0 1,500,000 Total 1,655,300 0 0 0 0 1,655,300 Prior Cost<2013/14 206,197 Future Cost>2017/18 0 Total Project Cost 1,861,497 a rrld a o � Final Draft April 18, 2013 A'1 Duval County State Highway Projects(FDOT) W n North Florida TPO Transportation Improvement Program-FY 2013/14-2017/18 Fund Phase Source 2013/14 2014/15 2015/16 2016/17 2017/18 Total SR A1A FROM 34TH AVE. TO ATLANTIC BLVD/MAYPORT RD-4300721 *Non-SIS* ITS SURVEILLANCE SYSTEM Length: 5.840 mi Responsible Agency: FDOT CST SU 70,000 0 0 0 0 70,000 Total 70,000 0 0 0 0 70,000 Prior Cost<2013/14 0 Future Cost>2017/18 0 Total Project Cost 70,000 SR A1A FROM MARSH LANDING TO 34TH AVE.-4300711 *Non-SIS* ITS SURVEILLANCE SYSTEM Length: 0.690 mi Responsible Agency: FDOT CST SU 30,000 0 0 0 0 30,000 Total 30,000 0 0 0 0 30,000 Prior Cost<2013/14 0 Future Cost>2017/18 0 Total Project Cost 30,000 SR A1A FROM ATLANTIC BLVD/MAYPORT RD TO TO WONDERWOOD DR-4300731 *Non-SIS* ITS SURVEILLANCE SYSTEM Length: 3.300 mi Responsible Agency: FDOT CST SU 50,000 0 0 0 0 50,000 Total 50,000 0 0 0 0 50,000 Prior Cost<2013/14 0 Future Cost>2017/18 0 Total Project Cost 50,000 WONDERWOOD (SR116) INTRACOASTAL BR 720677 EB &WB -4325171 *Non-SIS* BRIDGE REHABILITATION Length: .679 MI Responsible Agency: Managed by FDOT PE DIH 500 0 0 0 0 500 Total 500 0 0 0 0 500 Prior Cost<2013/14 1,001 Future Cost>2017/18 0 Total Project Cost 1,501 c rnn ' d my o Final Draft April 18, 2013 A-2 Duval County State Highway Projects(FDOT) o W 2 n North Florida TPO Transportation Improvement Program-FY 2013/14-2017/18 Fund Phase Source 2013/14 2014/15 2015/16 2016/17 2017/18 Total WONDERWOOD EXPRESSWAY(SR 116) FROM 1-295 (SR 9A) TO MAYPORT RD (SR 101) -4287961 *Non-SIS* DRAINAGE IMPROVEMENTS Length: 5.296 mi Responsible Agency: FDOT PE DIH 500 1,001 500 0 0 2,001 Total 500 1,001 500 0 0 2,001 Prior Cost<2013/14 484,533 Future Cost>2017/18 0 Total Project Cost 486,534 c.1 [ z tal > Final Draft April 18, 2013 A-3 Duval County State Highway Projects(FDOT) O' E w �k APPENDIX I Abbreviations & Acronyms d o :� N �y O a W wit Al-1 ABBREVIATIONS AND FUNDING SOURCES AGENCIES FAA Federal Aviation Administration FHWA Federal Highway Administration FTA Federal Transit Administration JAA Jacksonville Aviation Authority JTA Jacksonville Transportation Authority SA/STJAA St. Augustine/St. Johns County Airport Authority PROJECT PHASES PLN Planning PD&E Project, Development& Environment Study PE Preliminary Engineering ROW Right-of-Way Acquisition CST Construction DSB Design Build a c� z MSC Miscellaneous r d a off N .l l l O A1-2 W RRU Railroad/Utilities INC Contract Incentives ENV Environmental FUNDING SOURCES ACBR Advance Construction (BRT) — Federal Bridge Replacement ACEN Advance Construction Equity Bonus National Highway ACFO Advance Construction for High Priority ACIM Advanced Construction Interstate ACNP Advance Construction (NHPP) ACSA Advanced Construction Transportation Management Areas ACSB Advance Construction for SABR STP Bridges ACSE Advanced Construction Enhancement ACSH Advanced Construction Hazard Elimination ACSL Advance Construction (SL) ACSS Advanced Construction Safety BJP Better Jacksonville Plan BNBR State Bonds (Statewide Bridges) BNDS Bond funding State oy A1-3 BNIR Interstate R/W and Bridge Bonds BRAC Bridge Replacement BRRP State Bridge Repair and Rehabilitation BZAC Federal Bridge Replacement- Off System CIGP County Incentive Grant Program CM Congestion Mitigation DDR District Dedicated Revenue (Gas Tax effective January 1, 1991) DDRF District Dedicated Matching Revenue Funds DI Statewide Inter/Intrastate Highways DIH State In-House Product Support DITS District Intelligent Transportation Systems DPTO District Public Transportation Office DS State Primary Highways and PTO EB Equity Bonus EBNH Equity Bonus - National Highway FAA Federal Aviation Administration FTA Federal Transit Administration GMR General Revenue for Strategic Intermodal System d N � Al-4 GRSC Growth Management of SCOP HPP High Priority Projects HRRR High Risk Rural Road HSP Highway Safety Program IMAC Interstate Maintenance JAA Jacksonville Airport Authority LF Local Funds LFR Local Funds/Reimbursable LFRF Local Funds/Reimbursable - Future LOGT Local Option Gas Tax MG Minimum Guarantee NHAC National Highway System NHBR National Highway Bridges NHPP IM, Bridge Repl, Natnl Hwy-MAP 21 NHRE Nat. Hwy. Perform - Resurfacing PKBD Turnpike Master Bond Fund PKYI Turnpike Improvement PLHD Public Lands Highway Discretionary RHP Rail-Highway Safety Crossings — Prot. Dev. A1-5 SA Transportation Management Areas SE Transportation Enhancement Activities related to any Surface Transportation Program SH Hazard Elimination SIBG SIB funds — Growth Management SIB1 State Infrastructure Bank SR Surface Transportation Program (STP) Railroad Hazard Elimination SS Any safety improvement eligible under the Section 130 Railway-Highway Crossings Program and the Section 152 Hazard Elimination Program (allocated by statutory formula) STP Surface Transportation Program SU, XU Surface Transportation Program (STP) in urban areas with a population of over 200,000 TALT Transportation Alts —Any Area TALU Transportation Alts>200K TDTF Transportation Disadvantaged Trust Fund (80% Federal/20% State) TMA Transportation Management Areas -Areas with a population of over 200,000 TRIP Transportation Regional Incentive Program XA Surface Transportation Program (STP) in any urban areas. XU, SU Surface Transportation Program (STP) in urban areas > 200k zd 0 A1-6 AGENDA 1"I EM it 41) JUNI° 10,2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway on a Lot with Less Than 100 Foot Frontage. SUBMITTED BY: Rick Carper, P.E., Public Works Director ,f"( DATE: May 17, 2013 STRATEGIC PLAN LINK: None BACKGROUND: Applicant proposes to modify their existing driveway at 592 Royal Palms Drive to create a circular driveway. The lot frontage is 80 feet. City Code Section 19-7 contains the following requirements for circular driveways (emphasis added): (f) Maximum driveway width at the property line and through the right- of-way shall be 20 feet. Maximum driveway width for circular drives shall be 12 feet, and circular drives shall only be permitted on lots having at least 100 foot frontage. The applicant proposes to remove the existing driveway and add an extension to make a circular drive using concrete (see Attachment 2), Estimated impervious surface coverage of the right of way with the new driveway is less than 40%. Limit per City Code Section 19-7 is 50%. BUDGET: No budget issues. RECOMMENDATION: Because of corner location at Royal Palms and Plaza Dr., Staff considers this a safety upgrade and recommends approval of requested waiver to the City Code Section 19-7 requirements. ATTACHMENTS: 1) Waiver Application for 592 Royal Palms Drive 2) Proposed Driveway Plan 7/REVIEWED BY CITY MANAGER _ _ AGENDA ITEM#4D JUNE 10,2013 P 1.31-11110,10w.:::.:,{ ,{ III Ii IIIU a IN a, v 4 ,,,I„�°' .' MAY 14 2013 By APPLICATION FOR SUBDIVISION WAIVER City of Atlantic Beach • 800 Seminole Road •Atlantic Beach, Florida 32233 � , Z� Phone: (904)247-5826 • FAX (904)247-5845 • http://www.coab.us Date LI Ja(o 4 (5 File No. Receipt 1. Applicant's Name LIizcgqhe h Cain-I`4 ,(p fn� //��,, }.r /�++,�� 2. Applicant's Address 5"!L bola t1 n I tJ JthcIn11C tC1! FL- ,333 3. Property Location ,`»l,--t r ist-S ,l '" c_)iz 4. Property Appraiser's Real Estate Number / 7 (S I 9 - 6 0 0(7 5. Current Zoning Classification P6.5 A 1 6. Comprehensive Plan Future Land Use designation 7. Requested provision(s)from which waiver is sought: }� 61.,,,:t(O- ('.hr e- -104.-kc (4 1"i Sri }A N`4 H (2s o',10j E-1- +0 1 1 , O c.-4 !"Y1� ('"! (`1 V ir_ t._,t.'t I , 8. Size of Parcel V�1 ' 90 9.Utility Provider ----S-E.1,1,-- f 10. Statement of facts and any special reasons for the requested Subdivision Waiver, which demonstrates compliance with Section 24-191 of the Zoning and Subdivision and Land Development Regulations and specifically describing how the request complies with the Conditions necessary for the City Commission to approve this request. (See attached Section 24-191.) 11. Provide all of the following information: a. Proof of ownership(deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner,a letter of authorization from the owner(s)for applicant to represent the owner for all purposes related to this application must be provided. b. Survey and legal description of property. c. Required number of copies(4) d. Application Fee($250.00) , I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s)or authorized person if owner's authorization form is attached: Printed or typed name(s): E 11Z.Q � ,1 C\-‘k IASK. , Signature(s): e to, c,.4 '..� J ■ ADDRESS AND CONTACT INFO ATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: 1 ,(IN 1 0-k-r;Z IL Mailing Address: `7 Pc c c,G;. P! / 4'i c)r A+Iel AA-,t 2ctz:1-, 151 Phone: `C�/ L)(:I k FAX: c t1 7/ `' /Z E-mail: 00-1)X i w — `1c1 n z AGENDA ITEM#4D JUNE 10,2013 Sec. 24-191. Waiver. (a) General. Where the City Commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this Article, the City Commission may approve a waiver to the requirements of this Article if the waiver serves the public interest. (b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The City Commission shall not approve a waiver unless it determines as follows. (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the Applicant if the strict letter of the Article is carried out. (2) The granting of the waiver will not be injurious to the other adjacent property. (3) The conditions, upon which a request for waiver are based,are peculiar to the property for which the waiver is sought,are not generally applicable to other property and do not result from actions of the Applicant. (4) The waiver is consistent with the intent and purpose of this Chapter,the Comprehensive Plan and the requirements of this Article. If the City Commission approves a waiver,the City Commission may attach such conditions to the waiver as will ensure that the waiver will comply with the intent and purpose of this Article. AGENDA ITEM#4D JUNE 10,2013 1 1 c.0 , ,,,<D-- .‘,.__,... „..-• 2,, cn 7- kci > : cl, 0 2' 1 D ,_,.. "1 --61 - /23 V4 ca. -"Cn--A,"', an a •-. :::/ 3) 7- . --7, co °.] 0•.• a) 41a cD D.) o-t" ?" _ , 4 FA n• CD -. i„, 9 -,- . — . - .,,,. • ) '... -' P) O . ..-1- CL C , n (p D-at 3 ,-< , r Z. N D — ''' -4- E tr.?.: . 41. , "........ 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P. • , 1'' 0 . •- ",,- fp * go "°•1 k.r..3 r-1 A: - =-: 7 ..7....: ...... .71.1 co' 4+,,- ill =• 4 -: — ' :' 1' * 1 ' "rn ''''s ' ..,..", -, „ •., - -• ,• y ,....-7.- - .-. 1 ; ,•..4-1.1 : mi.,/ _- - aiii _.,,,/ ::',-•.s. i,,,,;. a 17 Q — J0 i _, r7 el ig• _... --...- - . -7.7.- ..- -- - 7- 0 - - ) Gg:4.1 ...- '''' e, -,_ ...,.-_*- --. 1.4 , .:.-. - *."--- . . N ,til fp - - _-.. ,_ _, - -NN.1 isl-0002 , , IA . , r,.Nu,) ui zu"-il-x ii.maintooisorsiiff* -.--n - --n — 7 '• -1&7,- • N- < 0 0 ,.---; t 4_'. _. , . ...- „... .....- : 7 , . --N,--•, -. _ .. _ -.. 1-... - • - . - ,...,, . _ _ ._ _... _ _ , . • N-, ,-... ___---------' . ,. --,- -,-.... ,- • _ . . • . . - . . . 'Tr 1 PI 1.=•■ ,....,' --'' :-.... ..; ../ . / _ . .-. ,.. ,.. -.. --:.----„__,--- AGENDA ITEM#4E JUNE 10,2013 CITY OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT AGENDA ITEM: Pension Board of Trustees - Fifth Member DATE: May 17, 2013 SUBMITTED BY: Nelson Van Liere, Finance Director BACKGROUND: Sec 2-305 of the City Code states that the Police Officers' Pension Board of Trustees will consist of five (5) trustees with the fifth member selected by the other four (4) members. FS 185.05(1)(a) (attached) further states that "Upon receipt of the fifth person's name, the legislative body of the municipality shall, as a ministerial duty, appoint such person to the board of trustees as its fifth member. Sec. 2-306 of the City Code the term of office for the Police Officers' Pension Board of Trustees is two years. At the May 16, 2013 meeting, the Police Officers' Pension Board of Trustees voted to have Tim Saggau as the fifth board member to serve through May 14, 2015. This reappointment is recommended as Harry McNally has declined to continue to serve after many years of dedicated service. FUNDING: No funding is required for this action. REQUESTED ACTION: That the City Commission appoint Tim Saggau to the Police Officers' Board of Trustees for a two-year term beginning 06/10/13. CITY MANAGER. ��' AGENDA ITEM#6A RESOLUTION NO. 13-07 JUNE 10,2013 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, ADOPTING THE ICMA-RETIREMENT CORPORATION 401 GOVERNMENTAL PROFIT-SHARING PLAN & TRUST RETIREMENT BASIC DOCUMENT AND TRUST ADOPTION AGREEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach (Employer) has offered participation of all eligible employees hired on or after September 1, 2008; and WHEREAS, the employer has established a qualified plan for those employees referenced above that serves the interest of the Employer by enabling it to provide reasonable retirement security for these employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of future employees; and WHEREAS, the Employer has determined that the continuance of the qualified retirement plan will serve these objectives; and NOW THEREFORE BE IT RESOLVED by the Commission of the City of Atlantic Beach, Florida: Section 1. That the Plan is hereby adopted as the qualified retirement plan (the "401 Profit Sharing Plan") in the form of the ICMA Retirement Corporation Government 401 Governmental Profit Sharing Plan. Section 2. That the assets of the Plan shall be held in trust, with the Employer serving as trustee ("Trustee"), for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in Vantage Trust shall be held for the further exclusive benefit of Plan participants and their beneficiaries. Section 3. That the Employer hereby agrees to serve as Trustee under the Plan. Section 4. That this resolution shall be effective upon adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, Florida on this day of 2013. Mike Borno Mayor Approved as to form and correctness: Attest: Alan C. Jensen, Esquire Donna L. Bartle, CMC City Attorney City Clerk _— - r c' 5 �_C --- III �_ �. :••� 1. 11 1 a ` �•-r_._m� l �. -� _11 1 P_ - 1 ,, l�II III L— ._ L' � �I I- =�- �- — -- a -- _ —r--�� -- _ 00-ii-------0 -- it ` - <1 d I d - -- ,--_ =am - __ _— - _ - -= -_-- -- .,-:':,'''&42:: �, Vim' 3A, s '2c'4'7 a s ," 7u LOWg-, biz3 - "d r5 V01 cs x -fie -°s'' 1 t .., "`jrr r�i Yt 21' 04;0-6 i ,, �� rk�r,.44'14 „ ,�''301- '" ra a?s '-,�a4,=0�'" 44.°A Oai D. w' ra v 1, mss , - 9 s*' ., it a s" l "' ',4---,E3 ,'- ; n s � � k- F r - � ". --- t t a y g V ;'4 k � - � "=p.:.'� ' ▪ '▪ 4 "o •x . ' `=`� - 44, �' �s ••-W TVA o m I 3 " � r a , r r ` ,' Building -' -k " is � ' y r ,4` 5' ,s+ t 4` 0" g 4 Mf ma ' � ` 5 ' z " t e� l Xt*i:aatV " ue' r V g� - r' ^ " ; � ' 2 a . - 61eft atrak i a a .s - a K r I>Sd,A,, - �131w1W O11. n ` - . ' „ " x - _ - - ,'. p c 1$ "' -^�- ' :[ ' C ' '� �-� '�+rt 1 -- -- _,I ,•�. - ��•*=ter -77 � �- -. -$_ ---- '_ -- euuuwr _. uw omme�k -_ '..n'4r'mommo Eoww.r- _ - - Yul112IQwfwlti _---gI1�11 � --- �- - _ _ —__ - ----_ ___ io _ ..r .liiiimionil.ili- Yii-�se.. e�er- -aYe..el _ -_ !T• -_ - s wCiA i -ii --wiemeiiii ii- 1 en�e tciR'i mimili ifweva -- �.—--r T.,.-. - _ _ — _ — _ -=-----r--- yT .r•-•-- ---- -•�r�.��----: , _-�� __. __ a�-•-•L>�-..-�.n.Ti.-r-•-r>.. -- _--_ _— rTa r -__ ••T-S—ism � -_- _—e -llYeeelee .leis ___ - imA� _-- .- -- ..--,. -ie�� .1i -•-w.->�r.��--- - T-3•. - --_- __- rte••-�'i�. ••-- __-- - _-�v�:�-.�-a-.-_-_ __ r>r .. IYeIIIf-. =4".-----,...99.-,----,-- - ---,,-9---9. ------.illf��fR�Yf��!�•�_.- - - .0006e0.00,Lre i ICMA RETIREMENT CORPORATION GOVERNMENTAL PROFIT-SHARING PLAN & TRUST BASIC DOCUMENT Table of Contents L PURPOSE .1 IL DEFINITIONS •1 III. ELIBILITY 5 IV. CONTRIBUTIONS 5 V. LIMITATION ON ELECTIVE DEFERRALS AND ALLOCATIONS .9 VI. TRUST AND INVESTMENT OF ACCOUNTS 14 VII. VESTING 17 VIII. BENEFITS CLAIM .18 IX. COMMENCEMENT OF BENEFITS . . .18 X. DISTRIBUTION REQUIREMENTS 23 XI. MODES OF DISTRIBUTION OF BENEFITS 27 XII. SPOUSAL DEATH BENEFIT REQUIREMENTS 28 XIII. LOANS TO PARTICIPANTS 29 XIV. PLAN AMENDMENT,TERMINATION AND OPTIONAL PROVISIONS 32 XV. ADMINISTRATION 34 XVI. MISCELLANEOUS 36 XVII. SPOUSAL BENEFIT REQUIREMENTS 38 XVIII. FINAL PAY CONTRIBUTIONS 41 XIX. ACCRUED LEAVE CONTRIBUTIONS 42 DECLARATION OF TRUST 43 ICMA RETIREMENT CORPORATION GOVERNMENTAL PROFIT-SHARING PLAN &TRUST PURPOSE The Employer hereby adopts this Plan and Trust to provide funds for its Employees' retirement, and to provide funds for their Beneficiaries in the event of death.The benefits provided in this Plan shall be paid from the Trust. The Plan and the Trust forming a part hereof are adopted and shall be maintained for the exclusive benefit of eligible Employees and their Beneficiaries. Except as provided in Sections 4.13 and 14.03, no part of the corpus or income of the Trust shall revert to the Employer or be used for or diverted to purposes other than the exclusive benefit of Participants and their Beneficiaries. II. DEFINITIONS 2.01 Account.A separate record which shall be established and maintained under the Trust for each Participant, and which shall include all Participant subaccounts created pursuant to Article IV, plus any Participant Loan Account created pursuant to Section 13.03. Each subaccount created pursuant to Article IV shall include any earnings of the Trust and adjustments for withdrawals, and realized and unrealized gains and losses allocable thereto.The term "Account" may also refer to any of such separate subaccounts. 2.02 Accounting Date. Each day that the New York Stock Exchange is open for trading, and such other dates as may be determined by the Plan Administrator, as provided in Section 6.06 for valuing the Trust's assets. 2.03 Adoption Agreement.The separate agreement executed by the Employer through which the Employer adopts the Plan and elects among the various alternatives provided thereunder, and which upon execution, becomes an integral part of the Plan. 2.04 Beneficiary.The person or persons (including a trust) designated by the Participant who shall receive any benefits payable hereunder in the event of the Participant's death.The designation of such Beneficiary shall be in writing to the Plan Administrator. A Participant may designate primary and contingent Beneficiaries. Where no designated Beneficiary survives the Participant or no Beneficiary is otherwise designated by the Participant, the Participant's Beneficiary shall be his/her surviving spouse or, if none, his/her estate. Notwithstanding the foregoing, the Beneficiary designation is subject to the requirements of Article XII unless the Employer elects otherwise in the Adoption Agreement. Notwithstanding the foregoing, where elected by the Employer in the Adoption Agreement (the "QJSA Election"), the Beneficiary designation is subject to the requirements of Article XVII. Notwithstanding the foregoing, to the extent permitted by the Employer, a Beneficiary receiving required minimum distributions in accordance with Article X and not in a benefit form elected under Article XI or XII,may designate a Beneficiary to receive the required minimum distributions that would have otherwise been payable to the initial Beneficiary but for his or her death. 2.05 Break in Service.A Period of Severance of at least twelve (12) consecutive months. 1 In the case of an individual who is absent from work for maternity or paternity reasons, the twelve (12) consecutive month period beginning on the first anniversary of the first date of such absence shall not constitute a Break in Service. For purposes of this paragraph, an absence from work for maternity or paternity reasons means an absence (1) by reason of the pregnancy of the individual, (2) by reason of the birth of a child of the individual, (3) by reason of the placement of a child with the individual in connection with the adoption of such child by such individual, or (4) for purposes of caring for such child for a period beginning immediately following such birth or placement. 2.06 Catch-up Contributions. Elective Deferrals made to the Plan that are in excess of an otherwise applicable plan limit and that are made by Participants who are age 50 or over by the end of their taxable years.An otherwise applicable plan limit is a limit in the Plan that applies to Elective Deferrals without regard to Catch-up Contributions, such as the limits on annual additions and the dollar limitation on Elective Deferrals under Code section 402(g) (not counting catch-up Contributions). Catch-up Contributions for a Participant for a taxable year may not exceed (1) the dollar limit on Catch-up Contributions under Code section 414(v) (2)(B)(i) for the taxable year or (2) when added to other Elective Deferrals, 75 percent of the Participant's Earnings for the taxable year.The dollar limit on Catch-up Contributions under Code section 414(v)(2)(B)(i) is $1,000 for taxable years beginning in 2002, increasing by $1,000 for each year thereafter up to $5,000 for taxable years beginning in 2006 and later years. After 2006, the $5,000 limit will be adjusted by the Secretary of the Treasury for cost-of-living increases under Code section 414(v)(2)(C). Any such adjustments will be in multiples of$500. Catch-up Contributions are not subject to the limits on annual additions. Provisions in the Plan relating to Catch-up Contributions apply to Elective Deferrals made after 2001. 2.07 Code.The Internal Revenue Code of 1986, as amended from time to time. 2.08 Covered Employment Classification.The group or groups of Employees eligible to make and/ or have contributions to this Plan made on their behalf, as specified by the Employer in the Adoption Agreement. 2.09 Disability. A physical or mental impairment which is of such permanence and degree that, as determined by the Employer, a Participant is unable because of such impairment to perform any substantial gainful activity for which he/she is suited by virtue of his/her experience, training, or education and that has lasted, or can be expected to last, for a continuous period of not less than twelve (12) months, or can be expected to result in death.The permanence and degree of such impairment shall be supported by medical evidence. If the Employer maintains a long-term disability plan, the definition of Disability shall be the same as the definition of disability in the long-term disability plan. 2.10 Earnings. (a) General Rule. Earnings, which form the basis for computing Employer Contributions, are all of each Participant's W-2 earnings which are actually paid to the Participant during the Plan Year, plus any contributions made pursuant to a salary reduction agreement which are not includible in the gross income of the Employee under section 125, 402(e)(3), 402(h)(1)(B), 403(b), 414(h)(2), 457(b), or, effective January 1, 2001, 132(f)(4) of the Code. Earnings shall include any pre-tax contributions (excluding direct employer contributions) to an integral part trust of the Employer providing retiree health care benefits. Earnings shall also include any other earnings as defined and elected 2 by the Employer in the Adoption Agreement. Unless the Employer elects otherwise in the Adoption Agreement, Earnings shall exclude overtime compensation and bonuses. (b) Limitation on Earnings. For any Plan Year beginning after December 31, 2001, the annual Earnings of each Participant taken into account in determining allocations shall not exceed $200,000, as adjusted for cost-of-living increases in accordance with section 401(a)(17)(B) of the Code. Annual Earnings means Earnings during the Plan Year or such other consecutive 12-month period over which Earnings is otherwise determined under the Plan (the determination period).The cost-of-living adjustment in effect for a calendar year applies to annual Earnings for the determination period that begins with or within such calendar year. If a determination period consists of fewer than twelve (12) months, the annual Earnings limit is an amount equal to the otherwise applicable annual Earnings limit multiplied by the fraction, the numerator of which is the number of months in the short Plan Year and the denominator of which is twelve (12). If Earnings for any prior determination period are taken into account in determining a Participant's allocations for the current Plan Year, the Earnings for such prior year are subject to the applicable annual Earnings limit in effect for that prior year. (c) Limitations for Governmental Plans. In the case of an eligible participant in a governmental plan (within the meaning of section 414(d) of the Code), the dollar limitation shall not apply to the extent the Earnings which are allowed to be taken into account under the Plan would be reduced below the amount which was allowed to be taken into account under the Plan as in effect on July 1, 1993, as adjusted for increases in the cost-of-living in accordance with section 401(a)(17)(B) of the Code. For purposes of this Section, an eligible participant is an individual who first became a Participant in the Plan during a Plan Year beginning before the first Plan Year beginning after December 31, 1993. 2.11 Effective Date.The first day of the Plan Year during which the Employer adopts the Plan, unless the Employer elects in the Adoption Agreement an alternate date as the Effective Date of the Plan. 2.12 Employee.Any individual who has applied for and been hired in an employment position and who is employed by the Employer as a common law employee; provided, however, that Employee shall not include any individual who is not so recorded on the payroll records of the Employer, including any such person who is subsequently reclassified by a court of law or regulatory body as a common law employee of the Employer. For purposes of clarification only and not to imply that the preceding sentence would otherwise cover such person, the term Employee does not include any individual who performs services for the Employer as an independent contractor, or under any other non-employee classification. 2.13 Employer.The unit of state or local government or an agency or instrumentality of one (1) or more states or local governments that executes the Adoption Agreement. 2.14 Hour of Service. Each hour for which an Employee is paid or entitled to payment for the performance of duties for the Employer. 3 2.15 Nonforfeitable Interest.The nonforfeitable interest of the Participant or his/her Beneficiary (whichever is applicable) is that percentage of his/her Employer Contribution Account balance, which has vested pursuant to Article VII. A Participant shall, at all times, have a one hundred percent (100%) Nonforfeitable Interest in his/her Elective Deferral, Participant Contribution, Rollover, and Voluntary Contribution Accounts. 2.16 Normal Retirement Age.The age which the Employer specifies in the Adoption Agreement. If the Employer enforces a mandatory retirement age, the Normal Retirement Age is the lesser of that mandatory age or the age specified in the Adoption Agreement. 2.17 Participant.An Employee or former Employee for whom contributions have been made under the Plan and who has not yet received all of the payments of benefits to which he/she is entitled under the Plan. A Participant is treated as benefiting under the Plan for any Plan Year during which the participant received or is deemed to receive an allocation in accordance with Treas. Reg. section 1.410(b)-3(a). 2.18 Period of Service. For purposes of determining an Employee's initial or continued eligibility to participate in the Plan or the Nonforfeitable Interest in the Participant's Account balance derived from Employer Contributions, an Employee will receive credit for the aggregate of all time period(s) commencing with the Employee's first day of employment or reemployment and ending on the date a Break in Service begins.The first day of employment or reemployment is the first day the Employee performs an Hour of Service. An Employee will also receive credit for any Period of Severance of less than twelve (12) consecutive months. Fractional periods of a year will be expressed in terms of days. Notwithstanding anything to the contrary herein, if the Plan is an amendment and restatement of a plan that previously calculated service under the hours of service method, service shall be credited in a manner that is at least as generous as that provided under Treas. Regs. section 1.410(a)-7(g). 2.19 Period of Severance.A continuous period of time during which the Employee is not employed by the Employer. Such period begins on the date the Employee retires, quits or is discharged, or if earlier, the twelve (12) month anniversary of the date on which the Employee was otherwise first absent from service. 2.20 Plan.This Plan as established by the Employer including any elected provisions pursuant to the Adoption Agreement. If the Employer has elected in the Adoption Agreement to permit Participants to make Elective Deferrals, this Plan is a profit-sharing plan containing a 401(k) arrangement. 2.21 Plan Administrator. The person(s) or entity named to carry out certain nondiscretionary administrative functions under the Plan, as hereinafter described, which is the ICMA Retirement Corporation or any successor Plan Administrator. 2.22 Plan Year.The twelve (12) consecutive month period designated by the Employer in the Adoption Agreement. 2.23 Trust.The Trust created under Article VI of the Plan which shall consist of all of the assets of the Plan derived from Employer and Participant contributions under the Plan, plus any income and gains thereon, less any losses, expenses and distributions to Participants and Beneficiaries. 4 III. ELIGIBILITY 3.01 Service. Except as provided in Sections 3.02 and 3.03 of the Plan, an Employee within the Covered Employment Classification who has completed a twelve (12) month Period of Service shall be eligible to participate in the Plan at the beginning of the payroll period next commencing thereafter.The Employer may elect in the Adoption Agreement to waive or reduce the twelve (12) month Period of Service. If the Employer maintains the plan of a predecessor employer, service with such employer shall be treated as Service for the Employer. 3.02 Age.The Employer may designate a minimum age requirement, not to exceed age twenty-one (21), for participation. Such age, if any, shall be declared in the Adoption Agreement. 3.03 Return to Covered Employment Classification. In the event a Participant is no longer a member of Covered Employment Classification and becomes ineligible to make contributions and/or have contributions made on his/her behalf, such Employee will become eligible for contributions immediately upon returning to a Covered Employment Classification. If such Participant incurs a Break in Service, eligibility will be determined under the Break in Service rules of the Plan. In the event an Employee who is not a member of a Covered Employment Classification becomes a member, such Employee will be eligible to participate immediately if such Employee has satisfied the minimum age and service requirements and would have otherwise previously become a Participant. 3.04 Service Before a Break in Service.All Periods of Service with the Employer are counted toward eligibility, including Periods of Service before a Break in Service. N CONTRIBUTIONS 4.01 Employer Contributions. For each Plan Year, the Employer will contribute to the Trust an amount as specified in the Adoption Agreement.The Employer's full contribution for any Plan Year shall be due and paid not later than thirty (30) working days after the close of the Plan Year. Each Participant will share in Employer Contributions for the period beginning on the date the Participant commences participation under the Plan and ending on the date on which such Employee severs employment with the Employer or is no longer a member of a Covered Employment Classification, and such contributions shall be accounted for separately in his Employer Contribution Account. Notwithstanding anything to the contrary herein, if so elected by the Employer in the Adoption Agreement, an Employee shall be required to make contributions as provided pursuant to Section 4.04 or 4.05 in order to be eligible for Employer Contributions to be made on his/her behalf to the Plan. 4.02 Forfeitures.All amounts forfeited by terminated Participants, pursuant to Section 7.06, shall be allocated to a suspense account and used to reduce dollar for dollar Employer Contributions otherwise required under the Plan for the current Plan Year and succeeding Plan Years, if necessary. Forfeitures may first be used to pay the reasonable administrative expenses of the Plan, with any remainder being applied to reduce Employer Contributions. 5 If no Employer Contributions are required under the Plan, forfeitures will be allocated in the ratio that the Earnings of each Participant bears to that of all Participants. 4.03 Elective Deferrals and Catch-up Contributions. If the Employer so elects in the Adoption Agreement, and subject to the limitations provided in Article V, a Participant may elect after he/she meets the eligibility requirements provided in Article III to have the Employer make payments either (1) as Elective Deferrals on his/her behalf, pursuant to a properly executed salary reduction agreement,whereby the Employee agrees to reduce his/her future Earnings by a specific amount, and the Employer to contribute such Elective Deferrals to the Trust on behalf of the Employee or (2) to the Employee directly in cash. Such a Participant, if age 50 or over by the end of his or her taxable year, is also permitted to make Catch-up Contributions. Elective Deferrals (and Catch-up Contributions) shall be made by payroll reduction, and shall be ac- counted for separately in the Participant's Elective Deferral Account. Such Account shall be at all times nonforfeitable by the Participant. The Employer must provide a period(s), as elected in the Adoption Agreement, of not less than thirty(30) days at least once each calendar year during which a Participant may elect to commence Elective Deferrals and Catch-up Contributions. Such election may not be made retroactively.A Participant's election to commence Elective Deferrals must remain in effect until modified or terminated. Notwithstanding anything to the contrary elsewhere contained in this Plan, Elective Deferrals and Catch-up Contributions are intended to be employer contributions within the meaning of the Code and regulations, not employee contributions, and relevant provisions shall be construed accordingly. 4.04 Mandatory Participant Contributions. If the Employer so elects in the Adoption Agreement, each eligible Employee shall make contributions at a rate prescribed by the Employer or at any of a range of specified rates, as set forth by the Employer in the Adoption Agreement, as a requirement for his/her participation (1) in the Plan or (2) in this portion of the Plan. Once an eligible Employee becomes a Participant and makes an election hereunder, he/she shall not thereafter have the right to discontinue or vary the rate of such Mandatory Participant Contributions. Such contributions shall be accounted for separately in the Participant Contribution Account. Such Account shall be at all times nonforfeitable by the Participant. If the Employer so elects in the Adoption Agreement, the Mandatory Participant Contributions shall be "picked up" by the Employer in accordance with Code section 414(h)(2).Any contribution picked-up under this Section shall be treated as an employer contribution in determining the tax treatment under the Code, and shall not be included as gross income of the Participant until it is distributed. To constitute a Pick-Up Contribution, (1) the Employer must specify that the contributions are being paid by the Employer in lieu of contributions by the Employee, and (2) the Employee must not be given the option of choosing to receive the contributed amounts directly instead of having them paid by the Employer to the Plan. 4.05 Employer Matching Contributions of Voluntary Participant Contributions or Elective Deferrals. If the Employer so elects in the Adoption Agreement, Employer Matching Contributions shall be made on behalf of an eligible Employee for a Plan Year only if the Employee agrees to make Voluntary Participant Contributions or Elective Deferrals for that 6 Plan Year.The rate of Employer Contributions shall, to the extent specified in the Adoption Agreement, be based upon the rate at which Voluntary Participant Contributions or Elective Deferrals are made for that Plan Year. Employer Matching Contributions shall be accounted for separately in the Employer Contribution Account. 4.06 Voluntary Participant Contributions. If the Employer so elects in the Adoption Agreement, an eligible Employee may make after-tax voluntary (unmatched) contributions under the Plan for any Plan Year in any amount up to twenty-five percent (25%) of his/her Earnings for such Plan Year. Matched and unmatched contributions shall be accounted for separately in the Participant's Voluntary Contribution Account. Such Account shall be at all times nonforfeitable by the Participant. 4.07 Deductible Employee Contributions. The Plan will not accept deductible employee contributions which are made for a taxable year beginning after December 31, 1986. Contributions made prior to that date will be maintained in a Deductible Employee Contribution Account,The Account will share in the gains and losses under the Plan in the same manner as described in Section 6.06 of the Plan. Such Account shall be at all times nonforfeitable by the Participant. 4.08 Final Pay Contributions. If the Employer so elects in the Adoption Agreement, Participants shall be eligible to make or receive Final Pay Contributions under this Plan in accordance with Article XVIII. Notwithstanding the foregoing, this election may only be made if the Employer also elects to make contributions under Section 4.01, or Section 4.04 that are picked-up by the Employer. In addition, discretionary contributions are (i) for the exclusive benefit of Employees or their beneficiaries and (ii) substantial and recurring in accordance with Treasury Regulations sections 1.401-1(a)(3) and 1.401-1(b)(2). 4.09 Accrued Leave Contributions. If the Employer so elects in the Adoption Agreement, eligible Participants shall be eligible to make or receive Accrued Leave Contributions under this Plan in accordance with Article XIX. Notwithstanding the foregoing, this election may only be made if the Employer also elects to make contributions under Section 4.01, or Section 4.04 that are picked-up by the Employer. In addition, discretionary contributions are (i) for the exclusive benefit of Employees or their beneficiaries and (ii) substantial and recurring in accordance with Treasury Regulations sections 1.401-1(a)(3) and 1.401-1(6)(2). 4.10 Military Service Contributions. Notwithstanding any provision of the Plan to the contrary, effective December 12, 1994, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with section 414(u) of the Code. Effective December 12, 1994, if the Employer has elected in the Adoption Agreement to make loans available to Participants, loan repayments shall be suspended under the Plan as permitted under section 414(u)(4) of the Code. 4.11 Changes in Participant Election.A Participant may elect to change his/her rate of Elective Deferrals, Catch-up Contributions, or Voluntary Participant Contributions at any time or during an election period as designated by the Employer.A Participant may discontinue such contributions at any time or during an election period as designated by the Employer. 7 The Employer must provide a period of not less than thirty (30) days at least once each calendar year during which a Participant may elect to terminate an election or to modify the amount or frequency of his/her Elective Deferrals. 4.12 Portability of Benefits. (a) Unless otherwise elected by the Employer in the Adoption Agreement, the Plan will accept Participant (which shall include, for purposes of this subsection, an Employee within the Covered Employment Classification whether or not he/she has satisfied the minimum age and service requirements of Article III) rollover contributions and/or direct rollovers of distributions (including after-tax contributions) made after December 31, 2001 that are eligible for rollover in accordance with Section 402(c), 403(a)(4), 403(6)(8), 408(d)(3)(A)(ii), or 457(e)(16) of the Code, from all of the following types of plans: (1) A qualified plan described in Section 401(a) or 403(a) of the Code; (2) An annuity contract described in Section 403(b) of the Code; (3) An eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or a political subdivision of a state; and (4) An individual retirement account or annuity described in Section 408(a) or 408(b) of the Code (including SEPs, and SIMPLE IRAs after two years of participating in the SIMPLE IRA). (b) Notwithstanding the foregoing, the Employer may reject the rollover contribution if it determines, in its discretion, that the form and nature of the distribution from the other plan does not satisfy the applicable requirements under the Code to make the transfer or rollover a nontaxable transaction to the Participant; (c) For indirect rollover contributions, the amount distributed from such plan must be rolled over to this Plan no later than the sixtieth (60''') day after the distribution was made from the plan, unless otherwise waived by the IRS pursuant to Section 402(c)(3) of the Code. (d) The amount transferred shall be deposited in the Trust and shall be credited to a Rollover Account. Such Account shall be one hundred percent (100%) vested in the Participant. (e) The Plan will accept accumulated deductible employee contributions as defined in section 72(o)(5) of the Code that were distributed from a qualified retirement plan and transferred (rolled over) pursuant to section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3) of the Code. Notwithstanding the above, this transferred (rolled over) amount shall be deposited to the Trust and shall be credited to a Deductible Employee Contributions Account. Such Account shall be one-hundred percent (100%) vested in the Participant. (f) A Participant may, upon approval by the Employer and the Plan Administrator, transfer his/her interest in another plan maintained by the Employer that is qualified under 8 section 401(a) of the Code to this Plan, provided the transfer is effected through a one-time irrevocable written election made by the Participant.The amount transferred shall be deposited in the Trust and shall be credited to sources that maintain the same attributes as the plan from which they are transferred. Such transfer shall not reduce the accrued years or service credited to the Participant for purposes of vesting or eligibility for any Plan benefits or features. 4.13 Return of Employer Contributions.Any contribution made by the Employer because of a mistake of fact must be returned to the Employer within one year of the date of contribution. V. LIMITATION ON ELECTIVE DEFERRALS AND ALLOCATIONS 5.01 Maximum Elective Deferrals. Notwithstanding anything to the contrary herein, no Participant shall be permitted to have Elective Deferrals made under this Plan, or Elective Deferrals under any other plan, contract or arrangement maintained by the Employer, during any calendar year, in excess of the dollar limitation contained in section 402(g) of the Code in effect for the Participant's taxable year beginning in such calendar year. In the case of a Participant age 50 or over by the end of the taxable year, the dollar limitation described in the preceding sentence includes the amount of Elective Deferrals that can be Catch-up Contributions.The dollar limitation contained in Code section 402(g) is $10,500 for taxable years beginning in 2000 and 2001 increasing to $11,000 for taxable years beginning in 2002 and increasing by$1,000 for each year thereafter up to $15,000 for taxable years beginning in 2006 and later years. After 2006, the $15,000 limit will be adjusted by the Secretary of the Treasury for cost-of-living increases under section 402(g)(4).Any such adjustments will be in multiples of$500. 5.02 Distribution of Excess Elective Deferrals. (a) A Participant may assign to this Plan any Excess Elective Deferrals made during a preceding taxable year of the Participant by providing the Plan Administrator with written notice on or before March 1 of the amount of Excess Elective Deferrals to be assigned to the Plan.A Participant is deemed to notify the Plan Administrator of any Excess Elective Deferrals that arise by taking into account only those Elective Deferrals made to this Plan and any other plan, contract or arrangement of this Employer. Notwithstanding any other provisions of the Plan, Excess Elective Deferrals, plus any income and minus any loss allocable thereto, shall be distributed no later than April 15 to any Participant whose Excess Elective Deferrals were assigned for the preceding year and who claims Excess Elective Deferrals for such taxable year or calendar year. Participants who claim Excess Elective Deferrals for the preceding taxable year must submit their claims in writing to the Plan Administrator on or before March 1. (b) Excess Elective Deferrals shall be adjusted for any income or loss up to the date of the distribution.The income or loss allocable to Excess Elective Deferrals is the sum of: (1) income or loss allocable to the Participant's Elective Deferral Account for the Taxable year multiplied by a fraction, the numerator of which is such Participant's Account balance attributable to Elective Deferrals without regard to any income or loss occurring during such taxable year; and (2) ten percent (10%) of the amount 9 determined under (1) multiplied by the number of whole calendar months between the end of the Participant's taxable year and the date of distribution, counting the month of distribution if distribution occurs after the fifteenth (15th) of such month. 5.03 Limitation on Annual Additions - Participants Only in This Plan. (a) If the Participant does not participate in, and has never participated in another qualified plan or a welfare benefit fund, as defined in section 419(e) of the Code, maintained by the Employer, or an individual medical account, as defined by section 415(1)(2) of the Code, maintained by the Employer,which provides an Annual Addition, the amount of Annual Additions which may be credited to the Participant's Account for any Limita- tion Year will not exceed the lesser of the Maximum Permissible Amount or any other limitation contained in this Plan. If the Employer Contribution that would otherwise be contributed or allocated to the Participant's Account would cause the Annual Addi- tions for the Limitation Year to exceed the Maximum Permissible Amount, the amount contributed or allocated will be reduced so that the Annual Additions for the Limitation Year will equal the Maximum Permissible Amount. (b) Prior to determining the Participant's actual Compensation for the Limitation Year, the Employer may determine the Maximum Permissible Amount for a Participant on the basis of a reasonable estimation of the Participant's Compensation for the Limitation Year, uniformly determined for all Participants similarly situated. (c) As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible Amount for the Limitation Year will be determined on the basis of the Participant's actual Compensation for the Limitation Year. (d) If, as a result of an inadvertent reasonable error in estimating the Maximum Permissible Amount for a Participant in accordance with Subsection (b) or pursuant to Subsection (c) or as a result of the allocation of forfeitures, there is an Excess Amount, the excess will be disposed of as follows: (1) Any Mandatory Participant Contributions that are not "picked up" by the Employer or Voluntary Participant Contributions, to the extent they would reduce the Excess Amount, will be returned to the Participant; (2) Any Elective Deferrals, to the extent they would reduce the Excess Amount, will be returned to the Participant; (3) If after the application of paragraphs (1) or (2) an Excess Amount still exists, and the Participant is covered by the Plan at the end of the Limitation Year, the Excess Amount in the Participant's Account will be used to reduce Employer Contributions (including any allocation of forfeitures) for such Participant in the next Limitation Year, and each succeeding Limitation Year if necessary; (4) If after the application of paragraphs (1) or (2) an Excess Amount still exists, and the Participant is not covered by the Plan at the end of the Limitation Year, the Excess Amount will be held unallocated in a suspense account.The suspense 10 account will be applied to reduce future Employer Contributions (including al- location of any forfeitures) for all remaining Participants in the next Limitation Year, and each succeeding Limitation Year if necessary; (5) If a suspense account is in existence at any time during a particular Limitation Year, all amounts in the suspense account must be allocated and reallocated to Participants' accounts before any Employer or any Employee contributions may be made to the Plan for that Limitation Year. Excess Amounts in a suspense account may not be distributed to Participants or former Participants. 5.04 Limitation on Annual Additions - Participants in Another Defined Contribution Plan. (a) Unless the Employer provides other limitations in the Adoption Agreement, this Section applies if, in addition to this Plan, the Participant is covered under another qualified defined contribution plan maintained by the Employer, or a welfare benefit fund, as defined in section 419(e) of the Code, maintained by the Employer, or an individual medical account, as defined by section 415(1)(2) of the Code, maintained by the Employer, which provides an Annual Addition, during any Limitation Year.The Annual Additions which may be credited to a Participant's Account under this Plan for any such Limitation Year will not exceed the Maximum Permissible Amount reduced by the Annual Additions credited to a Participant's Account under the other plans and welfare benefit funds for the same Limitation Year. If the Annual Additions with respect to the Participant under other defined contribution plans and welfare benefit funds maintained by the Employer are less than the Maximum Permissible Amount and the Employer contribution that would otherwise be contributed or allocated to the Participant's Account under this Plan would cause the Annual Additions for the Limitation Year to exceed this limitation, the amount contributed or allocated will be reduced so that the Annual Additions under all such plans and funds for the Limitation Year will equal the Maximum Permissible Amount. If the Annual Additions with respect to the Participant under such other defined contribution plans and welfare benefit funds in the aggregate are equal to or greater than the Maximum Permissible Amount, no amount will be contributed or allocated to the Participant's Ac- count under this Plan for the Limitation Year. (b) Prior to determining the Participant's actual Compensation for the Limitation Year, the Employer may determine the Maximum Permissible Amount for a Participant in the manner described in Section 5.03(b). (c) As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible Amount for the Limitation Year will be determined on the basis of the Participant's actual Compensation for the Limitation Year. (d) If, pursuant to Subsection (c) or as a result of the allocation of forfeitures, a Participant's Annual Additions under this Plan and such other plans would result in an Excess Amount for a Limitation Year, the Excess Amount will be deemed to consist of the Annual Additions last allocated, except that Annual Additions attributable to a welfare benefit fund or individual medical account will be deemed to have been allocated first regardless of the actual allocation date. 11 (e) If an Excess Amount was allocated to a Participant on an allocation date of this Plan which coincides with an allocation date of another plan, the Excess Amount attributed to this Plan will be the product of, (1) The total Excess Amount allocated as of such date, multiplied by (2) The ratio of(i) the Annual Additions allocated to the Participant for the Limita- tion Year as of such date under this Plan to (ii) the total Annual Additions al- located to the Participant for the Limitation Year as of such date under this and all the other qualified prototype defined contribution plans. (f) Any Excess Amount attributed to this Plan will be disposed in the manner described in Section 5.03(d). 5.05 Definitions. For the purposes of this Article, the following definitions shall apply: (a) Annual Additions:The sum of the following amounts credited to a Participant's account for the Limitation Year: (1) Employer Contributions; (2) Forfeitures; (3) Employee contributions; and (4) Allocations under a simplified employee pension. Amounts allocated, after March 31, 1984, to an individual medical account, as defined in section 415(1)(2) of the Code,which is part of a pension or annuity plan maintained by the Employer, are treated as Annual Additions to a defined contribution plan. For this purpose, any Excess Amount applied under Sections 5.03(d) or 5.04(f) in the Limitation Year to reduce Employer Contributions will be considered Annual Additions for such Limitation Year. (b) Compensation:A Participant's wages, salaries, and fees for professional services and other amounts received (without regard to whether an amount is paid in cash) for personal services actually rendered in the course of employment with the Employer maintaining the Plan to the extent that the amounts are includible in gross income (including, but not limited to, bonuses, fringe benefits, and reimbursements or other expense allowances under a nonaccountable plan (as described in Treas. Reg. section 1.62-2(c))), and excluding the following: (1) Employer Contributions to a plan of deferred compensation which are not includible in the Employee's gross income for the taxable year in which contrib- uted, or Employer Contributions under a simplified employee pension plan to the extent such contributions are deductible by the Employee, or any distributions from a plan of deferred compensation; and (2) Other amounts which received special tax benefits, or contributions made by 12 the Employer (whether or not under a salary reduction agreement) towards the purchase of an annuity contract described in section 403(b) of the Code (whether or not the amounts are actually excludable from the gross income of the Employee). (3) Notwithstanding the above, Compensation shall include: (a) any elective deferrals (as defined in section 402(8)(3) of the Code), and (b) any amount which is contributed or deferred by the Employer at the election of the Employee and which is not includible in the gross income of the Employee by reason of sections 125, 132(f)(4) or 457 of the Code. For purposes of applying the limitations of this Article, Compensation for a Limitation Year is the Compensation actually paid or made available during such year. (c) Defined Contribution Dollar Limitation: $40,000, as adjusted for increases in the cost- of-living in accordance with section 415(d) of the Code. (d) Elective Deferrals: Any Employer Contributions made to the Plan at the election of the Participant, in lieu of cash compensation. With respect to any taxable year, a Participant's Elective Deferrals is the sum of all Employer Contributions made on behalf of such Participant pursuant to an election to defer under any qualified CODA described in section 401(k) of the Code, any salary reduction simplified employee pension described in section 408(k)(6) of the Code, any SIMPLE IRA described in section 408(p), and any plan described under section 501(c)(18) of the Code, and any Employer Contributions made on the behalf of the Participant for the purchase of an annuity contract under section 403(b) of the Code pursuant to a salary reduction agreement. Elective Deferrals shall not include any deferrals properly distributed as excess Annual Additions. (e) Employer:The Employer that adopts this Plan. (f) Excess Amount:The excess of the Participant's Annual Additions for the Limitation Year over the Maximum Permissible Amount. Any Excess Amount shall include allocable income.The income allocable to an Excess Amount is equal to the sum of allocable gain or loss for the Plan Year and the allocable gain or loss for the period between the end of the Plan Year and the date of distribution (the gap period).The Plan may use any reasonable method for computing the income allocable to an Excess Amount, provided that the method is used consistently for all Participants and for all corrective distributions under the Plan for the Plan Year, and is used by the Plan for allocating income to Participants'Accounts. (g) Excess Elective Deferrals:Those Elective Deferrals of a Participant that either (1) are made during the Participant's taxable year and exceed the dollar limitation under Code section 402(g) (including, if applicable, the dollar limitation on Catch-up Contributions defined in section 414(v) for such year); or (2) are made during a calendar year and exceed the dollar limitation under Code section 402(g) (including, if applicable, the dollar limitation on Catch-up Contributions defined in section 414(v)) for the 13 Participant's taxable year beginning in such calendar year, counting only Elective Deferrals made under this Plan and any other plan, contract or arrangement maintained by the Employer. Excess Elective Deferrals shall be treated as Annual Additions, as defined under Section 5.05, unless such amounts are distributed no later than the first April 15 following the close of the Participant's taxable year. (h) Limitation Year:A calendar year, or the twelve (12) consecutive month period elected by the Employer in the Adoption Agreement.All qualified plans maintained by the Employer must use the same Limitation Year. If the Limitation Year is amended to a different twelve (12) consecutive month period, the new Limitation Year must begin on a date within the Limitation Year in which the amendment is made. (i) Maximum Permissible Amount: Except for Catch-up Contributions described in Code section 414(v), the maximum Annual Addition that may be contributed or allocated to a Participant's Account under the Plan for any Limitation Year shall not exceed the lesser of: (1) The Defined Contribution Dollar Limitation, or (2) One hundred percent (100%) (25% for Limitation Years before January 1, 2002) of the Participant's Compensation for the Limitation Year. The compensation limit referred to in (2) shall not apply to any contribution for medical benefits after separation from service (within the meaning of section 401(h) or section 419A(f)(2) of the Code) which is otherwise treated as an annual addition. If a short Limitation Year is created because of an amendment changing the Limitation Year to a different twelve (12) consecutive month period, the Maximum Permissible Amount will not exceed the Defined Contribution Dollar Limitation multiplied by the following fraction: Number of months in the short Limitation Year: 12 VI. TRUST AND INVESTMENT OF ACCOUNTS 6.01 Trust. A Trust is hereby created to hold all of the assets of the Plan for the exclusive benefit of Participants and Beneficiaries, except that expenses and taxes may be paid from the Trust as provided in Section 6.03.The trustee shall be the Employer or such other person which agrees to act in that capacity hereunder. 6.02 Investment Powers.The trustee or the Plan Administrator, acting as agent for the trustee, shall have the powers listed in this Section with respect to investment of Trust assets, except to the extent that the investment of Trust assets is controlled by Participants, pursuant to Section 13.03. (a) To invest and reinvest the Trust without distinction between principal and income in common or preferred stocks, shares of regulated investment companies and other mutual funds, bonds, notes, debentures, mortgages, certificates of deposit, contracts with insurance companies including but not limited to insurance, individual or group annuity, deposit administration, guaranteed interest contracts, and deposits at reasonable rates of interest at banking institutions including but not limited to savings accounts 14 and certificates of deposit.Assets of the Trust may be invested in securities that involve a higher degree of risk than investments that have demonstrated their investment performance over an extended period of time. (b) To invest and reinvest all or any part of the assets of the Trust in any common, collective or commingled trust fund that is maintained by a bank or other institution and that is available to Employee plans qualified under section 401 of the Code, or any successor provisions thereto, and during the period of time that an investment through any such medium shall exist, to the extent of participation of the Plan, the declaration of trust of such common, collective, or commingled trust fund shall constitute a part of this Plan. (c) To invest and reinvest all or any part of the assets of the Trust in any group annuity, deposit administration or guaranteed interest contract issued by an insurance company or other financial institution on a commingled or collective basis with the assets of any other plan or trust qualified under section 401(a) of the Code or any other plan described in section 401(a)(24) of the Code, and such contract may be held or issued in the name of the Plan Administrator, or such custodian as the Plan Administrator may appoint, as agent and nominee for the Employer. During the period that an investment through any such contract shall exist, to the extent of participation of the Plan, the terms and conditions of such contract shall constitute a part of the Plan. (d) To hold cash awaiting investment and to keep such portion of the Trust in cash or cash balances, without liability for interest, in such amounts as may from time to time be deemed to be reasonable and necessary to meet obligations under the Plan or otherwise to be in the best interests of the Plan. (e) To hold, to authorize the holding of, and to register any investment to the Trust in the name of the Plan, the Employer, or any nominee or agent of any of the foregoing, including the Plan Administrator, or in bearer form, to deposit or arrange for the deposit of securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by any other person, and to organize corporations or trusts under the laws of any jurisdiction for the purpose of acquiring or holding title to any property for the Trust, all with or without the addition of words or other action to indicate that property is held in a fiduciary or representative capacity but the books and records of the Plan shall at all times show that all such investments are part of the Trust. (f) Upon such terms as may be deemed advisable by the Employer or the Plan Administrator, as the case may be, for the protection of the interests of the Plan or for the preservation of the value of an investment, to exercise and enforce by suit for legal or equitable remedies or by other action, or to waive any right or claim on behalf of the Plan or any default in any obligation owing to the Plan, to renew, extend the time for payment of, agree to a reduction in the rate of interest on, or agree to any other modification or change in the terms of any obligation owing to the Plan, to settle, compromise, adjust, or submit to arbitration any claim or right in favor of or against the Plan, to exercise and enforce any and all rights of foreclosure, bid for property in foreclosure, and take a deed in lieu of foreclosure with or without paying consideration therefor, to commence or defend suits or other legal proceedings whenever any interest of the Plan requires it, and to represent the Plan in all suits or legal proceedings in any court of law or equity or before any body or tribunal. 15 (g) To employ suitable consultants, depositories, agents, and legal counsel on behalf of the Plan. (h) To open and maintain any bank account or accounts in the name of the Plan, the Employer, or any nominee or agent of the foregoing, including the Plan Administrator, in any bank or banks. (i) To do any and all other acts that may be deemed necessary to carry out any of the powers set forth herein. 6.03 Taxes and Expenses.All taxes of any and all kinds whatsoever that may be levied or assessed under existing or future laws upon, or in respect to the Trust, or the income thereof, and all commissions or acquisitions or dispositions of securities and similar expenses of investment and reinvestment of the Trust, shall be paid from the Trust. Such reasonable compensation of the Plan Administrator, as may be agreed upon from time to time by the Employer and the Plan Administrator, and reimbursement for reasonable expenses incurred by the Plan Administrator in performance of its duties hereunder (including but not limited to fees for legal, accounting, investment and custodial services) shall also be paid from the Trust. However, no person who is a fiduciary within the meaning of section 3(21)(A) of ERISA and regulations promulgated thereunder, and who receives full-time pay from the Employer may receive compensation from the Trust, except for expenses properly and actually incurred. 6.04 Payment of Benefits. The payment of benefits from the Trust in accordance with the terms of the Plan may be made by the Plan Administrator, or by any custodian or other person so authorized by the Employer to make such disbursement. Benefits under this Plan shall be paid only if the Plan Administrator, custodian or other person decides in his/her discretion that the applicant is entitled to them.The Plan Administrator, custodian or other person shall not be liable with respect to any distribution of Trust assets made at the direction of the Employer. 6.05 Investment Funds. In accordance with uniform and nondiscriminatory rules established by the Employer and the Plan Administrator, the Participant may direct his/her Accounts to be invested in one (1) or more investment funds available under the Plan; provided, however, that the Participant's investment directions shall not violate any investment restrictions established by the Employer and shall not include any investment in collectibles, as defined in section 408(m) of the Code. 6.06 Valuation of Accounts.As of each Accounting Date, the Plan assets held in each investment fund offered shall be valued at fair market value and the investment income and gains or losses for each fund shall be determined. Such investment income and gains or losses shall be allocated proportionately among all Account balances on a fund-by-fund basis.The allocation shall be in the proportion that each such Account balance as of the immediately preceding Accounting Date bears to the total of all such Account balances, as of that Accounting Date. For purposes of this Article, all Account balances include the Account balances of all Participants and Beneficiaries. 6.07 Participant Loan Accounts. Participant Loan Accounts shall be invested in accordance with Section 13.03 of the Plan. Such Accounts shall not share in any investment income and gains or losses of the investment funds described in Section 6.05. 16 VII. VESTING 7.01 Vesting Schedule.The portion of a Participant's Account attributable to Elective Deferrals, Catch-up Contributions, Mandatory Participant Contributions, and Voluntary Participant Contributions, and the earnings thereon, shall be at all times nonforfeitable by the Participant. A Participant shall have a Nonforfeitable Interest in the percentage of his/her Employer Contribution Account established under Section 4.01, 4.05, 18.02(a), and 19.02(a) determined pursuant to the schedule elected by the Employer in the Adoption Agreement. 7.02 Crediting Periods of Service. Except as provided in Section 7.03, all of an Employee's Periods of Service with the Employer are counted to determine the nonforfeitable percentage in the Employee's Account balance derived from Employer Contributions. If the Employer maintains the plan of a predecessor employer, service with such employer will be treated as service for the Employer. For purposes of determining years of service and Breaks in Service for the purposes of computing a Participant's nonforfeitable right to the Account balance derived from Employer Contributions, the twelve (12) consecutive month period will commence on the date the Employee first performs an hour of service and each subsequent twelve (12) consecutive month period will commence on the anniversary of such date. 7.03 Service After Break in Service. In the case of a Participant who has a Break in Service of at least five (5) years, all Periods of Service after such Breaks in Service will be disregarded for the purpose of determining the nonforfeitable percentage of the Employer-derived Account balance that accrued before such Break, but both pre-Break and post-Break service will count for the purposes of vesting the Employer-derived Account balance that accrues after such Break, Both Accounts will share in the earnings and losses of the fund. In the case of a Participant who does not have a Break in Service of at least five (5) years, both the pre-Break and post-Break service will count in vesting both the pre-Break and post-Break Employer-derived Account balance. In the case of a Participant who does not have any nonforfeitable right to the Account balance derived from Employer Contributions, years of service before a period of consecutive one (1) year Breaks in Service will not be taken into account in computing eligibility service if the number of consecutive one (1) year Breaks in Service in such period equals or exceeds the greater of five (5) or the aggregate number of years of service. Such aggregate number of years of service will not include any years of service disregarded under the preceding sentence by reason of prior Breaks in Service. If a Participant's years of service are disregarded pursuant to the preceding paragraph, such Participant will be treated as a new Employee for eligibility purposes. If a Participant's years of service may not be disregarded pursuant to the preceding paragraph, such Participant shall continue to participate in the Plan, or, if terminated, shall participate immediately upon reemployment. 7.04 Vesting Upon Normal Retirement Age. Notwithstanding Section 7.01 of the Plan, a Participant shall have a Nonforfeitable Interest in his/her entire Employer Contribution Account, to the extent that the balance of such Account has not previously been forfeited pursuant to Section 7.06 of the Plan, if he/she is employed on or after his/her Normal Retirement Age. 17 7.05 Vesting Upon Death or Disability. Notwithstanding Section 7.01 of the Plan, in the event of Disability or death, a Participant or his/her Beneficiary shall have a Nonforfeitable Interest in his/her entire Employer Contribution Account, to the extent that the balance of such Account has not previously been forfeited pursuant to Section 7.06 of the Plan. 7.06 Forfeitures. Except as provided in Sections 7.04 and 7.05 of the Plan or as otherwise provided in this Section 7.06, a Participant who separates from service prior to obtaining full vesting shall forfeit that percentage of his/her Employer Contribution Account balance which has not vested as of the date such Participant incurs a Break in Service of five (5) consecutive years or, if earlier, the date such Participant receives, or is deemed under the provisions of Section 9.04 to have received, distribution of the entire Nonforfeitable Interest in his/her Employer Contribution Account. No forfeiture will occur solely as a result of a Participant's withdrawal of Employee Contributions. Forfeitures shall be allocated in the manner described in Section 4.02. 7.07 Reinstatement of Forfeitures. If the Participant returns to the employment of the Employer before incurring a Break in Service of five (5) consecutive years, any amounts forfeited pursuant to Section 7.06 shall be reinstated to the Participant's Employer Contribution Account on the date of repayment by the Participant of the amount distributed to such Participant from his/her Employer Contribution Account; provided, however, that if such Participant forfeited his/her Account balance by reason of a deemed distribution, pursuant to Section 9.04, such amounts shall be automatically restored upon the reemployment of such Participant. Such repayment must be made before the earlier of five (5) years after the first date on which the Participant is subsequently reemployed by the Employer, or the date the Participant incurs a Break in Service of five (5) consecutive years. VIII. BENEFITS CLAIM 8.01 Claim of Benefits.A Participant or Beneficiary shall notify the Plan Administrator in writing of a claim of benefits under the Plan.The Plan Administrator shall take such steps as may be necessary to facilitate the payment of such benefits to the Participant or Beneficiary. 8.02 Appeal Procedure. If any claim for benefits is initially denied by the Plan Administrator, the claimant shall file the appeal with the Employer, whose decision shall be final, to the extent provided by Section 15.07. IX. COMMENCEMENT OF BENEFITS 9.01 Normal and Elective Commencement of Benefits.A Participant who retires, becomes Disabled or incurs a severance from employment (separation from service for Plan Years beginning before 2002) for any other reason may elect by written notice to the Plan Administrator to have his or her vested Account balance benefits commence on any date, provided that such distribution complies with Section 9.02. Such election must be made in writing during the ninety(90) day period ending on the date as of which benefit payments are to commence. A Participant's election shall be revocable and may be amended by the Participant. Except as otherwise provided under the Plan, a Participant's Elective Deferrals and income allocable thereto are not distributable to a Participant or his/her Beneficiary(ies), in accordance with 18 such Participant's or Beneficiary(ies) election, earlier than upon the Participant's severance from employment (separation from service for Plan Years beginning before 2002), death, or Disability. The failure of a Participant to consent to a distribution while a benefit is immediately distributable, within the meaning of section 9.02 of the Plan, shall be deemed to be an election to defer commencement of payment of any benefit sufficient to satisfy this section. 9.02 Restrictions on Immediate Distributions. Notwithstanding anything to the contrary contained in Section 9.01 of the Plan, if the value of a Participant's vested Account balance is at least $1,000, and the Account balance is immediately distributable, the Participant must consent to any distribution of such Account balance.The Participant's consent shall be obtained in writing during the ninety (90) day period ending on the date as of which benefit payments are to commence. No consent shall be required, however, to the extent that a distribution is required to satisfy section 401(a)(9) or 415 of the Code. The Plan Administrator shall notify the Participant of the right to defer any distribution until the Participant's Account balance is no longer immediately distributable. Such notification shall include a general description of the material features, and an explanation of the relative values of, the optional forms of benefit available under the Plan in a manner that would satisfy section 417(a)(3) of the Code, and shall be provided no less than thirty (30) and no more than ninety (90) days before the date as of which benefit payments are to commence. However, distribution may commence less than thirty (30) days after the notice described in the preceding sentence is given, provided the distribution is one to which sections 401(a)(11) and 417 of the Code do not apply or, if the QJSA Election is made by the Employer in the Adoption Agreement, the waiver requirements of Section 17.04(a) are met, the Plan Administrator clearly informs the Participant that the Participant has a right to a period of at least thirty (30) days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular distribution option), and the Participant, after receiving the notice affirmatively elects a distribution. In addition, upon termination of this Plan, if the Plan does not offer an annuity option (purchased from a commercial provider) and if the Employer does not maintain another 401(a) defined contribution plan, the Participant's Account balance will,without the Participant's consent, be distributed to the Participant in a lump sum. However, if the Employer maintains another 401(a) defined contribution plan, the Participant's Account will be transferred,without the Participant's consent, to the other plan if the Participant does not consent to an immediate distribution. An Account balance is immediately distributable if any part of the Account balance could be distributed to the Participant (or surviving spouse) before the Participant attains or would have attained (if not deceased) the later of Normal Retirement Age or age sixty-two (62). For purposes of determining the applicability of the foregoing consent requirements to distributions made before the first day of the first plan year beginning after December 31, 1988, the Participant's vested Account balance shall not include amounts attributable to accumulated deductible employee contributions within the meaning of section 72(o)(5)(B) of the Code. 9.03 Transfer to Another Plan. (a) If a Participant becomes eligible to participate in another plan maintained by the Employer that is qualified under section 401(a) of the Code, the Plan Administrator 19 shall, at the written election of such Participant, transfer all or part of such Participant's Account to such plan, provided the plan administrator for such plan certifies to the Plan Administrator that its plan provides for the acceptance of such a transfer. Such transfers shall include those transfers of the nonforfeitable interest of a Participant's Account made for the purchase of service credit in defined benefit plans maintained by the Employer. For purposes of this Plan, any such transfer shall not be considered a distribution to the Participant subject to spousal consent as described in Section 9.11. (b) Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section, a Distributee may elect, at the time and in the manner prescribed by the Plan Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover. (c) Definitions. For the purposes of Subsection (b), the following definitions shall apply: (1) Eligible Rollover Distribution. Any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: (i) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's designated beneficiary, or for a specified period of ten years or more; (ii) any distribution to the extent such distribution is required under section 401(a)(9) of the Code; (iii) any hardship distribution; and (iv) the portion of any other distribution(s) that is not includible in gross income. A portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions which are not includible in gross income. However, such portion may be transferred only to an individual retirement account or annuity described in section 408(a) or (b) of the Code, or to a qualified defined contribution plan described in section 401(a) or 403(a) of the Code that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. (2) Eligible Retirement Plan. (i) an individual retirement account described in section 408(a) of the Code or an individual retirement annuity described in section 408(b) of the Code (collectively, an "IRA"); (ii) an annuity plan described in section 403(a) of the Code; (iii) an annuity contract described in section 403(b) of the Code; (iv) an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this Plan; or (v) a qualified plan described in section 401(a) of the Code, that accepts the Distributee's Eligible Rollover Distribution.The definition of Eligible Retirement Plan shall also apply in the case of a distribution to a surviving spouse, or to a spouse or former spouse who is the alternate payee under a 20 qualified domestic relations order, as defined in section 414(p) of the Code. (3) Distributee. Participant; in addition, the Participant's surviving spouse and the spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in section 414(p) of the Code, are Distributees with regard to the interest of the spouse or former spouse. (4) Direct Rollover. A payment by the Plan to the Eligible Retirement Plan specified by the Distributee. 9.04 De Minimis Accounts. Notwithstanding the foregoing provisions of this Article, prior to January 1, 2002, if a Participant terminates service, and the value of his/her Nonforfeitable Interest in his/her Account is not greater than the dollar limit under section 411(a)(11)(A) of the Code, the Participant's benefit shall be paid (to the extent it constitutes an Eligible Rollover Distribution) in the form of a direct rollover to the Plan Administrator's designated IRA, unless he/she affirmatively elects to receive a cash payment or a Direct Rollover in accordance with procedures established by the Plan Administrator. On or after January 1, 2002,if a Participant terminates service, and the value of his/her Nonforfeitable Interest in his/her Account is less than$1,000, the Participant's benefit shall be paid as soon as practicable to the Participant in a single lump sum distribution. If the value of the Participant's Account is at least$1,000 but not more than the dollar limit under section 411(a)(11) (A) of the Code, the Participant may elect to receive his/her Nonforfeitable Interest in his/her Ac- count. Such distribution shall be made as soon as practicable following the request, in a lump sum. For purposes of this Section, if a Participant's Nonforfeitable Interest in his/her Account is zero, the Participant shall be deemed to have received a distribution of such Nonforfeitable Interest in his/her Account. 9.05 Withdrawal of Voluntary Contributions.A Participant may upon written request withdraw a part of or the full amount of his/her Voluntary Contribution Account. Such withdrawals may be made at any time, provided that no more than two (2) such withdrawals may be made during any calendar year. No forfeiture will occur solely as the result of any such withdrawal. 9.06 Withdrawal of Deductible Employee Contributions.A Participant may upon written request withdraw a part of or the full amount of his/her Deductible Employee Contribution Account. Such withdrawals may be made at any time, provided that no more than two (2) such withdrawals may be made during any calendar year. No forfeiture will occur solely as the result of any such withdrawal. 9.07 Hardship Withdrawals. (a) Where elected by the Employer in the Adoption Agreement for a profit-sharing plan containing a 401(k) arrangement, distribution of nonforfeitable amounts attributable to Employer Contributions and/or Elective Deferrals (including Catch-up Contributions but not including earnings attributable to Elective Deferrals accrued after December 31, 1988) may be made to a Participant in the event of hardship.A hardship distribution may only be made on account of an immediate and heavy financial need of the Employee and where the distribution is necessary to satisfy the immediate and heavy financial need. 21 (b) Special Rules: (1) The following are the only financial needs considered immediate and heavy (or as otherwise provided for under Treasury Regulation section 1.401(k)-1(d)(3) (iii)(B) or any subsequence guidance thereto): (a) Expenses for medical care (within the meaning of section 213(d) of the Code) previously incurred or necessary to obtain medical care for the Employee, the Employee's spouse or dependents; (b) Costs directly related to the purchase (excluding mortgage payments) of a principal residence for the Employee; (c) Payment of tuition and related educational fees for the next twelve (12) months of post-secondary education for the Employee, the Employee's spouse, children or dependents; (d) Payments necessary to prevent the eviction of the Employee from, or a foreclosure on the mortgage of, the Employee's principal residence; or (e) Payments for funeral or burial expenses for the Employee's deceased parent, spouse, child or dependent and expenses to repair damage to the Employee's principal residence that would qualify for a casualty loss deduction under Code section 165 (determined without regard to whether the loss exceeds 10 percent of adjusted gross income).The last two needs (funeral expenses and home repair) only apply to Plan Years beginning after 2005. (2) A distribution will be considered as necessary to satisfy an immediate and heavy financial need of the employee only if: (a) The distribution is not in excess of the amount of an immediate and heavy financial need, including amounts necessary to pay any federal, state, or local income taxes or penalties reasonably anticipated to result from the distribution; (b) The Employee has obtained all distributions, other than hardship distributions, and all nontaxable loans under all plans maintained by the Employer; and (c) All plans maintained by the Employer provide that the Employee's Elective Deferrals (and Employee contributions) will be suspended for six (6) months (12 months, for hardship distributions before 2002) after the receipt of the hardship distribution; 9.08 In-Service Distributions. If elected by the Employer in the Adoption Agreement, a Participant who has attained age 591/2 and has a Nonforfeitable Interest in his/her entire Employer Contribution Account shall, upon written request, receive a distribution of a part of or the full amount of the balance in any or all 22 of his vested Accounts. Such distributions may be requested at any time, provided that no more than two (2) such distributions may be made during any calendar year. Unless otherwise elected by the Employer in the Adoption Agreement, a Participant who has reached age 701 regardless of his Nonforfeitable Interest in his/her entire Employer Contribution Account, shall, upon written request, receive a distribution of a part of or the full amount of the balance in any or all of his vested Accounts. Such distributions may be requested at any time, provided that no more than two (2) such distributions may be made during any calendar year. 9.09 In-Service Distribution from Rollover Account.Where elected by the Employer in the Adoption Agreement, a Participant that has a separate account attributable to rollover contributions to the Plan, may at any time elect to receive a distribution of all or any portion of the amount held in the Rollover Account. 9.10 Latest Commencement of Benefits. Notwithstanding anything to the contrary in this Article, benefits shall begin no later than the Participant's Required Beginning Date, as defined under Section 10.05, or as otherwise provided in Section 10.04. 9.11 Spousal Consent. Notwithstanding the foregoing, if the Employer elected the QISA Election in the Adoption Agreement, a married Participant must first obtain his or her spouse's notarized consent to request a distribution (other than a Qualified Joint and Survivor Annuity), withdrawal, or rollover under this Article IX. X. DISTRIBUTION REQUIREMENTS 10.01 General Rules. (a) Subject to the provisions of Article XII or XVII if so elected by the Employer in the Adoption Agreement, the requirements of this Article shall apply to any distribution of a Participant's interest and will take precedence over any inconsistent provisions of this Plan. Unless otherwise specified, the provisions of this Article X apply to calendar years beginning after December 31, 2002. With respect to distributions under the Plan made in or for Plan Years beginning on or after January 1, 2002 and prior to January 1, 2003, the Plan will apply the minimum distribution requirements of section 401(a)(9) of the Code in accordance with the regulations under section 401(a)(9) that were proposed on January 17, 2001, notwithstanding any provision of the Plan to the contrary. (b) All distributions required under this Article shall be determined and made in accordance with the regulations under section 401(a)(9) of the Code, and the minimum distribution incidental benefit requirement of section 401(a)(9)(G) of the Code. (c) Limits on Distribution Periods. As of the first Distribution Calendar Year, distributions to a Participant, if not made in a single-sum, may only be made over one of the fol- lowing periods: (1) The life of the Participant, (2) The joint lives of the Participant and a designated Beneficiary, 23 (3) A period certain not extending beyond the life expectancy of the Participant, or (4) A period certain not extending beyond the joint and last survivor expectancy of the Participant and a designated Beneficiary. (d) TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this Article X, distributions may be made under a designation made before January 1, 1984, in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the Plan that relate to Section 242(b)(2) of TEFRA. 10.02 Time and Manner of Distribution (a) Required Beginning Date.The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the Participant's required beginning date. (b) Death of Participant Before Distributions Begin. If the Participant dies before distributions begin, the Participant's entire interest will be distributed, or begin to be distributed, no later than as follows: (1) If the Participant's surviving spouse is the Participant's sole designated Beneficiary, then, distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died, or by December 31 of the calendar year in which the Participant would have attained age 701/2, if later. (2) If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, then distributions to the designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died. (3) If there is no designated Beneficiary as of September 30 of the year following the year of the Participant's death, the Participant's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. (4) If the Participant's surviving spouse is the Participant's sole designated Beneficiary and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, this Section 10.02(b), other than Section 10.02(b)(1), will apply as if the surviving spouse were the Participant. For purposes of this Section 10.02(b) and Section 10.04, unless Section 10.02(b)(4) applies, distributions are considered to begin on the Participant's required beginning date. If Section 10.02(b)(4) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 10.02(b)(1). If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant's required beginning date (or to the Participant's surviving spouse before the date distributions are required to begin to the surviving spouse under Section 10.02(b)(1)), the date distributions are considered to begin is the date distributions actually commence. 24 (c) Forms of Distribution. Unless the Participant's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with Sections 10.03 and 10.04. If the Participant's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Code Section 401(a)(9) and the Treasury Regulations. 10.03 Required Minimum Distributions During Participant's Lifetime (a) Amount of Required Minimum Distribution For Each Distribution Calendar Year. During the Participant's lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of: (1) the quotient obtained by dividing the Participant's Account Balance by the distribution period set forth in the Uniform Lifetime Table found in Section 1.401(a)(9)-9, Q&A-2, of the Final Income Tax Regulations using the Participant's age as of the Participant's birthday in the distribution calendar year; or (2) if the Participant's sole designated Beneficiary for the distribution calendar year is the Participant's spouse, the quotient obtained by dividing the Participant's Account Balance by the number in the Joint and Last Survivor Table set forth in Section 1.401(a)(9)-9, Q&A-3, of the regulations using the Participant's and spouse's attained ages as of the Participant's and spouse's birthdays in the distribution calendar year. (b) Lifetime Required Minimum Distributions Continue Through Year of Participant's Death. Required minimum distributions will be determined under this Section 10.03 beginning with the first distribution calendar year and continuing up to, and including, the distribution calendar year that includes the Participant's date of death. 10.04 Required Minimum Distributions After Participant's Death (a) Death On or After Date Distributions Begin. (1) Participant Survived by Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's Account Balance by the longer of the remaining life expectancy of the Participant or the remaining life expectancy of the Participant's designated Beneficiary, determined as follows: (a) The Participant's remaining life expectancy is calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. (b) If the Participant's surviving spouse is the Participant's sole designated Beneficiary, the remaining life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of the 25 Participant's death using the surviving spouse's age as of the spouse's birthday in that year. For distribution calendar years after the year of the surviving spouse's death, the remaining life expectancy of the surviving spouse is calculated using the age of the surviving spouse as of the spouse's birthday in the calendar year of the spouse's death, reduced by one for each subsequent calendar year. (c) If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, the designated Beneficiary's remaining life expectancy is calculated using the age of the Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year. (2) No Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is no designated Beneficiary as of September 30 of the year after the year of the Participant's death, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's Account Balance by the Participant's remaining life expectancy calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. (b) Death Before Date Required Distributions Begin. (1) Participant Survived by Designated Beneficiary. If the Participant dies before the date required distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's Account Balance by the remaining life expectancy of the Participant's designated Beneficiary, determined as provided in Section 10.04(a). (2) No Designated Beneficiary. If the Participant dies before the date distributions begin and there is no designated Beneficiary as of September 30 of the year following the year of the Participant's death, distribution of the Participant's entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. (3) Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin. If the Participant dies before the date distributions begin, the Participant's surviving spouse is the Participant's sole designated Beneficiary, and the surviving spouse dies before distributions are required to begin to the surviving spouse under Section 10.02(b)(1), this Section 10.04(b) will apply as if the surviving spouse were the Participant. 10.05 Definitions (a) Designated Beneficiary.The individual who is designated by the Participant (or the Participant's surviving spouse) as the Beneficiary of the Participant's interest under the Plan and who is the designated Beneficiary under Code Section 401(a)(9) and Section 1.401(a)(9)-4 of the regulations. 26 (b) Distribution Calendar Year. A calendar year for which a minimum distribution is required. For distributions beginning before the Participant's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the Participant's required beginning date. For distributions beginning after the Participant's death, the first distribution calendar year is the calendar year in which distributions are required to begin under Section 10.02(b).The required minimum distribution for the Participant's first distribution calendar year will be made on or before the Participant's required beginning date.The required minimum distribution for other distribution calendar years, including the required minimum distribution for the distribution calendar year in which the Participant's required beginning date occurs, will be made on or before December 31 of that distribution calendar year. (c) Life Expectancy. Life expectancy as computed by use of the Single Life Table in Section 1.401(a)(9)-9, Q&A-1, of the regulations. (d) Participant's Account Balance.The Account Balance as of the last Accounting Date in the calendar year immediately preceding the distribution calendar year (valuation calendar year) increased by the amount of any contributions made and allocated or forfeitures allocated to the Account Balance as of dates in the valuation calendar year after the Accounting Date and decreased by distributions made in the valuation calendar year after the Accounting Date.The Account Balance for the valuation calendar year includes any amounts rolled over or transferred to the Plan either in the valuation calendar year or in the distribution calendar year if distributed or transferred in the valuation calendar year. (e) Required Beginning Date.The Required Beginning Date of a Participant is April 1 of the calendar year following the later of the calendar year in which the Participant attains age seventy and one-half(701/2), or the calendar year in which the Participant retires. XI. MODES OF DISTRIBUTION OF BENEFITS 11.01 Normal Mode of Distribution. Unless an elective mode of distribution is elected as provided in Section 11.02, benefits shall be paid to the Participant in the form of a lump sum payment. Notwithstanding the foregoing, where the Employer made the "QJSA Election" in the Adoption Agreement, unless an elective mode of distribution is elected in accordance with Article XVII, benefits shall be paid to the Participant in the form provided for in Article XVII. 11.02 Elective Mode of Distribution. Subject to the requirements of Articles X, XII and XVII, a Participant may revocably elect to have his/her Account distributed in any one (1) of the following modes in lieu of the mode described in Section 11.01: (a) Equal Payments. Equal monthly, quarterly, semi-annual, or annual payments in an amount chosen by the Participant continuing until the Account is exhausted. (b) Period Certain. Approximately equal monthly, quarterly, semi-annual, or annual payments, calculated to continue for a period certain chosen by the Participant. (c) Other. Any other sequence of payments requested by the Participant. 27 (d) Lump Sum. Where the Employer did make the QJSA Election in the Adoption Agreement, a Participant may also elect a lump sum payment. 11.03 Election of Mode.A Participant's election of a payment option must be made in writing between thirty (30) and ninety (90) days before the payment of benefits is to commence. 11.04 Death Benefits. Subject to Article X(and Article XII or XVII if so elected by the Employer in the Adoption Agreement), (a) In the case of a Participant who dies before he/she has begun receiving benefit payments, the Participant's entire Nonforfeitable Interest shall then be payable to his/ her Beneficiary within ninety (90) days of the Participant's death. A Beneficiary who is entitled to receive benefits under this Section may elect to have benefits commence at a later date, subject to the provisions of Article X.The Beneficiary may elect to receive the death benefit in any of the forms available to the Participant under Sections 11.01 and 11.02.If the Beneficiary is the Participant's surviving spouse, and such surviving spouse dies before payment commences, then this Section shall apply to the beneficiary of the surviving spouse as though such surviving spouse were the Participant. (b) Should the Participant die after he/she has begun receiving benefit payments, the Beneficiary shall receive the remaining benefits, if any, that are payable, under the payment schedule elected by the Participant. Notwithstanding the foregoing, the Benefi- ciary may elect to accelerate payments of the remaining balances, including but not limited to, a lump sum distribution. XII. SPOUSAL DEATH BENEFIT REQUIREMENTS 12.01 Application. Unless otherwise elected by the Employer in the Adoption Agreement, on or after January 1, 2006, the provisions of this Article shall take precedence over any conflicting provision in this Plan.The provisions of this Article, known as the "Beneficiary Spousal Consent Election," shall apply to any Participant who is credited with any Period of Service with the Employer on or after August 23, 1984, and such other Participants as provided in Section 12.04. 12.02 Spousal Death Benefit. (a) On the death of a Participant, the Participant's Vested Account Balance will be paid to the Participant's Surviving Spouse. If there is no Surviving Spouse, or if the Participant has waived the spousal death benefit, as provided in Section 12.03, such Vested Account Balance will be paid to the Participant's designated Beneficiary. (b) The Surviving Spouse may elect to have distribution of the Vested Account Balance commence within the ninety (90) day period following the date of the Participant's death, or as otherwise provided under Section 11.04.The Account balance shall be adjusted for gains or losses occurring after the Participant's death in accordance with the provisions of the Plan governing the adjustment of Account balances for other types of distributions. 28 12.03 Waiver of Spousal Death Benefit. (a) The Participant may waive the spousal death benefit described in Section 12.02 at any time; provided that no such waiver shall be effective unless: (a) the Participant's Spouse consents in writing to the election; (b) the election designates a specific Beneficiary, including any class of Beneficiaries or any contingent Beneficiaries, which may not be changed without spousal consent (or the Spouse expressly permits designations by the Participant without any further spousal consent); (c) the Spouse's consent acknowledges the effect of the election; and (d) the Spouse's consent is witnessed by a Plan representative or notary public. If it is established to the satisfaction of a Plan representative that there is no Spouse or that the Spouse cannot be located, a waiver will be deemed to meet the requirements of this Section. Any consent by a Spouse obtained under this provision (or establishment that the consent of a Spouse may not be obtained) shall be effective only with respect to such Spouse.A consent that permits designations by the Participant without any requirement of further consent by such Spouse must acknowledge that the Spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that the Spouse voluntarily elects to relinquish either or both of such rights. A revocation of a prior waiver may be made by a Participant without the consent of the Spouse at any time before the commencement of benefits.The number of revocations shall not be limited. 12.04 Definitions. For the purposes of this Section, the following definitions shall apply: (a) Spouse (Surviving Spouse):The Spouse or Surviving Spouse of the Participant, provided that a former Spouse will be treated as the Spouse or Surviving Spouse and a current Spouse will not be treated as the Spouse or Surviving Spouse to the extent provided under a qualified domestic relations order as described in section 414(p) of the Code. (b) Vested Account Balance:The aggregate value of the Participant's vested Account balances derived from Employer and Employee contributions (including rollovers), whether vested before or upon death, including the proceeds of insurance contracts, if any, on the Participant's life.The provisions of this Article shall apply to a Participant who is vested in amounts attributable to Employer Contributions, Employee contributions (or both) at the time of death or distribution. XIII. LOANS TO PARTICIPANTS 13.01 Availability of Loans to Participants. (a) If the Employer has elected in the Adoption Agreement to make loans available to Participants, a Participant may apply for a loan from the Plan subject to the limitations and other provisions of this Article. (b) The Employer shall establish written guidelines governing the granting of loans, provided that such guidelines are approved by the Plan Administrator and are not inconsistent with the provisions of this Article, and that loans are made available to all Participants on a reasonably equivalent basis. 29 13.02 Terms and Conditions of Loans to Participants. Any loan by the Plan to a Participant under Section 13.01 of the Plan shall satisfy the following requirements: (a) Availability. Loans shall be made available to all Participants on a reasonably equivalent basis. (b) Nondiscrimination. Loans shall not be made to highly compensated Employees in an amount greater than the amount made available to other Employees. (c) Interest Rate. Loans must be adequately secured and bear a reasonable interest rate. (d) Loan Limit. No Participant loan shall exceed the present value of the Participant's Nonforfeitable Interest in his/her Account. (e) Foreclosure. In the event of default, foreclosure on the note and attachment of security will not occur until a distributable event occurs in the Plan. (f) Reduction of Account. Notwithstanding any other provision of this Plan, the portion of the Participant's vested Account balance used as a security interest held by the Plan by reason of a loan outstanding to the Participant shall be taken into account for purposes of determining the amount of the Account balance payable at the time of death or distribution, but only if the reduction is used as repayment of the loan. If less than one hundred percent (100%) of the Participant's nonforfeitable Account balance (determined without regard to the preceding sentence) is payable to the surviving spouse, then the Account balance shall be adjusted by first reducing the nonforfeitable Account balance by the amount of the security used as repayment of the loan, and then determining the benefit payable to the surviving spouse. (g) Amount of Loan.At the time the loan is made, the principal amount of the loan plus the outstanding balance (principal plus accrued interest) due on any other outstanding loans to the Participant or Beneficiary from the Plan and from all other plans of the Employer that are qualified employer plans under section 72(p)(4) shall not exceed the lesser of: (1) $50,000, reduced by the excess (if any) of (a) The highest outstanding balance of loans from the Plan during the one (1) year period ending on the day before the date on which the loan is made, over (b) The outstanding balance of loans from the Plan on the date on which such loan is made; or (2) One-half(l ) of the value of the Participant's Nonforfeitable Interest in all of his/her Accounts under this Plan (or$10,000, if greater, for loans prior to January 1, 2006). For the purpose of the above limitation, all loans from all qualified employer plans, including 457(b) plans, under Code section 72(p)(4) are aggregated. 30 (h) Application for Loan. The Participant must give the Employer adequate written notice, as determined by the Employer, of the amount and desired time for receiving a loan. No more than one (1) loan may be made by the Plan to a Participant in any calendar year. No loan shall be approved if an existing loan from the Plan to the Participant is in default to any extent. (i) Length of Loan. The terms of any loan issued or renegotiated after December 31, 1993, shall require the Participant to repay the loan in substantially equal installments of principal and interest, at least quarterly (except as otherwise provided in Treasury Regulation section 1.72(p)-1, Q&A-9 for certain leave of absence and military leave), over a period that does not exceed five (5) years from the date of the loan; provided, however, that if the proceeds of the loan are applied by the Participant to acquire any dwelling unit that is to be used within a reasonable time after the loan is made as the principal residence of the Participant, the five (5) year limit shall not apply. In this event, the period of repayment shall not exceed a reasonable period determined by the Employer. Principal installments and interest payments otherwise due may be sus- pended during an authorized leave of absence, if the promissory note so provides, but not beyond the original term permitted under this Subsection (i), with a revised pay- ment schedule (within such term) instituted at the end of such period of suspension. If the Participant fails to make any installment payment, the Plan Administrator may, according to Treasury Regulation 1.72(p)-1, allow a cure period, which cure period cannot continue beyond the last day of the calendar quarter following the calendar quarter in which the required installment payment was due. (j) Prepayment. The Participant shall be permitted to repay the loan in whole or in part at any time prior to maturity, without penalty. (k) Note.The loan shall be evidenced by a promissory note executed by the Participant and delivered to the Employer, and shall bear interest at a reasonable rate determined by the Employer. Unless waived by a Participant, any plan loan that is outstanding on the date that active duty military service begins will accrue interest at a rate of no more than 6% during the period of military service in accordance with the provisions of the Servicemembers Civil Relief Act (SCRA), 50 USC App. § 526 and subject to the notice requirements contained therein.This limitation applies even if loan payments are suspended during the period of military service as permitted under the Plan and Treasury regulations. (1) Security. The loan shall be secured by an assignment of that portion the Participant's right, title and interest in and to his/her Employer Contribution Account (to the extent vested), Participant Contribution Account, and Rollover Account that is equal to fifty percent (50%) of the Participant's Account (to the extent vested). (m) Assignment or Pledge. For the purposes of paragraphs (h) and (i), assignment or pledge of any portion of the Participant's interest in the Plan and a loan, pledge, or assignment with respect to any insurance contract purchased under the Plan, will be treated as a loan. (n) Spousal Consent. If the Employer elected the QiSA Election in the Adoption Agreement, the Participant must first obtain his or her spouse's notarized consent to t he loan. 31 (o) Other Terms and Conditions. The Employer shall fix such other terms and conditions of the loan as it deems necessary to comply with legal requirements, to maintain the qualification of the Plan and Trust under section 401(a) of the Code, or to prevent the treatment of the loan for tax purposes as a distribution to the Participant.The Employer, in its discretion for any reason, may fix other terms and conditions of the loan, not inconsistent with the provisions of this Article. 13.03 Participant Loan Accounts. (a) Upon approval of a loan to a Participant by the Employer, an amount not in excess of the loan shall be transferred from the Participant's other investment fund(s), described in Section 6.05 of the Plan, to the Participant's Loan Account as of the Accounting Date immediately preceding the agreed upon date on which the loan is to be made. (b) The assets of a Participant's Loan Account may be invested and reinvested only in promissory notes received by the Plan from the Participant as consideration for a loan permitted by Section 13.01 of the Plan or in cash. Uninvested cash balances in a Participant's Loan Account shall not bear interest. No person who is otherwise a fiduciary of the Plan shall be liable for any loss, or by reason of any breach, that results from the Participant's exercise of such control. (c) Repayment of principal and payment of interest shall be made by payroll deduction or, where repayment cannot be made by payroll deduction, by check, and shall be invested in one (1) or more other investment funds, in accordance with Section 6.05 of the Plan, as of the next Accounting Date after payment thereof to the Trust.The amount so invested shall be deducted from the Participant's Loan Account. (d) The Employer shall have the authority to establish other reasonable rules, not in- consistent with the provisions of the Plan, governing the establishment and maintenance of Participant Loan Accounts. XIV. PLAN AMENDMENT,TERMINATION AND OPTIONAL PROVISIONS 14.01 Amendment by Employer. The Employer reserves the right, subject to Section 14.02 of the Plan, to amend the Plan from time to time by either: (a) Filing an amended Adoption Agreement to change, delete, or add any optional provision, or (b) Continuing the Plan in the form of an amended and restated Plan and Trust. No amendment to the Plan shall be effective to the extent that it has the effect of decreasing a Participant's accrued benefit. Notwithstanding the preceding sentence, a Participant's Account balance may be reduced to the extent permitted under section 412(c)(8) of the Code. For purposes of this paragraph, a Plan amendment which has the effect of decreasing a Participant's Account balance or eliminating an optional form of benefit, with respect to benefits attributable to service before the amendment shall be treated as reducing an accrued benefit. Furthermore, if the vesting schedule of the Plan is amended, in the case of an Employee who is a Participant as of the later of the date such amendment is adopted or the date it becomes effective, the 32 nonforfeitable percentage (determined as of such date) of such Employee's right to his/her Employer-derived accrued benefit will not be less than his percentage computed under the plan without regard to such amendment. No amendment to the Plan shall be effective to eliminate or restrict an optional form of benefit. The preceding sentence shall not apply to a Plan amendment that eliminates or restricts the ability of a Participant to receive payment of his or her Account balance under a particular optional form of benefit if the amendment provides a single-sum distribution form that is otherwise identical to the optional form of benefit being eliminated or restricted. For this purpose, a single-sum distribution form is otherwise identical only if the single-sum distribution form is identical in all respects to the eliminated or restricted optional form of benefit (or would be identical except that it provides greater rights to the Participant) except with respect to the timing of payments after commencement. The Employer may (1) change the choice of options in the Adoption Agreement, (2) add overriding language in the Adoption Agreement when such language is necessary to satisfy sections 415 or 416 of the Code because of the required aggregation of multiple plans, (3) amend administrative provisions of the trust or custodial document in the case of a nonstandardized plan and make more limited amendments in the case of a standardized plan such as the name of the plan, employer, trustee or custodian, plan administrator and other fiduciaries, the trust year, and the name of any pooled trust in which the Plan's trust will participate, (4) add certain sample or model amendments published by the Internal Revenue Service or other required good faith amendments which specifically provide that their adoption will not cause the plan to be treated as individually designed, and (5) add or change provisions permitted under the Plan and/or specify or change the effective date of a provision as permitted under the Plan and correct obvious and unambiguous typographical errors and/or cross-references that merely correct a reference but that do not in any way change the original intended meaning of the provisions. 14.02 Amendment of Vesting Schedule. If the Plan's vesting schedule is amended, or the Plan is amended in any way that directly or indirectly affects the computation of the Participant's nonforfeitable percentage, each Participant may elect, within a reasonable period after the adoption of the amendment or change, to have the nonforfeitable percentage computed under the Plan without regard to such amendment or change. The period during which the election may be made shall commence with the date the amendment is adopted or deemed to be made and shall end on the latest of: (a) Sixty (60) days after the amendment is adopted; (b) Sixty (60) days after the amendment becomes effective; or (c) Sixty (60) days after the Participant is issued written notice of the amendment by the Employer or Plan Administrator. 14.03 Termination by Employer.The Employer reserves the right to terminate this Plan. However, in the event of such termination no part of the Trust shall be used or diverted to any purpose other than for the exclusive benefit of the Participants or their Beneficiaries, except as provided in this Section. Upon Plan termination or partial termination, all Account balances shall be valued at their fair market value and the Participant's right to his/her Employer Contribution Account shall be one 33 hundred percent (100%) vested and nonforfeitable. Such amount and any other amounts held in the Participant's other Accounts shall be maintained for the Participant until paid pursuant to the terms of the Plan. Any amounts held in a suspense account, after all liabilities of the Plan to Participants and Beneficiaries have been satisfied or provided for, shall be paid to the Employer in accordance with the Code and regulations thereunder. In the event that the Commissioner of Internal Revenue determines that the Plan is not initially qualified under the Internal Revenue Code, any contribution made by the Employer incident to that initial qualification must be returned to the Employer within one year after the date the initial qualification is denied, but only if the application for the qualification is made by the time prescribed by law for filing the Employer's return for the year in which the Plan is adopted, or such later date as the Secretary of the Treasury may prescribe. 14.04 Discontinuance of Contributions. A permanent discontinuance of contributions to the Plan by the Employer, unless an amended and restated Plan is established, shall constitute a Plan termination. In the event of a complete discontinuance of contributions under the Plan, the Account balance of each affected Participant shall be nonforfeitable. 14.05 Amendment by Plan Administrator. The Plan Administrator may amend this Plan upon thirty (30) days written notification to the Employer; provided, however, that any such amendment must be for the express purpose of maintaining compliance with applicable federal laws and regulations of the Internal Revenue Service. Such amendment shall become effective unless, within such 30-day period, the Employer notifies the Administrator, in writing, that it disapproves such amendment, in which case such amendment shall not become effective. In the event of such disapproval, the Administrator shall be under no obligation to continue acting as Administrator hereunder. 14.06 Optional Provisions. Any provision which is optional under this Plan shall become effective if and only if elected by the Employer and agreed to by the Plan Administrator. XV ADMINISTRATION 15.01 Powers of the Employer. The Employer shall have the following powers and duties: (a) To appoint and remove,with or without cause, the Plan Administrator; (b) To amend or terminate the Plan pursuant to the provisions of Article XIV; (c) To appoint a committee to facilitate administration of the Plan and communications to Participants; (d) To decide all questions of eligibility (1) for Plan participation, and (2) upon appeal by any Participant, Employee or Beneficiary, for the payment of benefits; (e) To engage an independent qualified public accountant, when required to do so by law, to prepare annually the audited financial statements of the Plan's operation; (f) To take all actions and to communicate to the Plan Administrator in writing all 34 necessary information to carry out the terms of the Plan and Trust; and (g) To notify the Plan Administrator in writing of the termination of the Plan. 15.02 Duties of the Plan Administrator.The Plan Administrator shall have the following powers and duties: (a) To construe and interpret the provisions of the Plan; (b) To maintain and provide such returns, reports, schedules, descriptions, and individual Account statements as are required by law within the times prescribed by law; and to furnish to the Employer, upon request, copies of any or all such materials, and further, to make copies of such instruments, reports, descriptions, and statements as are required by law available for examination by Participants and such of their Beneficiaries who are or may be entitled to benefits under the Plan in such places and in such manner as required by law; (c) To obtain from the Employer such information as shall be necessary for the proper administration of the Plan; (d) To determine the amount, manner, and time of payment of benefits hereunder; (e) To appoint and retain such agents, counsel, and accountants for the purpose of properly administering the Plan; (f) To distribute assets of the Trust to each Participant and Beneficiary in accordance with Article X of the Plan; (g) To pay expenses from the Trust pursuant to Section 6.03 of the Plan; and (h) To do such other acts reasonably required to administer the Plan in accordance with its provisions or as may be provided for or required by law. 15.03 Protection of the Employer. The Employer shall not be liable for the acts or omissions of the Plan Administrator, but only to the extent that such acts or omissions do not result from the Employer's failure to provide accurate or timely information as required or necessary for proper administration of the Plan. 15.04 Protection of the Plan Administrator.The Plan Administrator may rely upon any certificate, notice or direction purporting to have been signed on behalf of the Employer which the Plan Administrator believes to have been signed by a duly designated official of the Employer. 15.05 Resignation or Removal of Plan Administrator. The Plan Administrator may resign at any time effective upon sixty (60) days prior written notice to the Employer.The Plan Administrator may be removed by the Employer at any time upon sixty(60) days prior written notice to the Plan Administrator. Upon the resignation or removal of the Plan Administrator, the Employer may appoint a successor Plan Administrator; failing such appointment, the Employer shall assume the powers and duties of Plan Administrator. Upon the resignation or removal of the Plan Administrator, any Trust assets invested by or held in the name of the Plan Administrator shall be transferred to the trustee in cash or property, at fair market value, except 35 that the return of Trust assets invested in a contract issued by an insurance company shall be governed by the terms of that contract. 15.06 No Termination Penalty.The Plan Administrator shall have no authority or discretion to impose any termination penalty upon its removal. 15.07 Decisions of the Plan Administrator.All constructions, determinations, and interpretations made by the Plan Administrator pursuant to Section 15.02(a) or (d) or by the Employer pursuant to Section 15.01(d) shall be final and binding on all persons participating in the Plan, given deference in all courts of law to the greatest extent allowed by applicable law, and shall not be overturned or set aside by any court of law unless found to be arbitrary or capricious, or made in bad faith. XVI. MISCELLANEOUS 16.01 Nonguarantee of Employment. Nothing contained in this Plan shall be construed as a contract of employment between the Employer and any Employee, or as a right of an Employee to be continued in the employment of the Employer, as a limitation of the right of the Employer to discharge any of its Employees, with or without cause. 16.02 Rights to Trust Assets. No Employee or Beneficiary shall have any right to, or interest in, any assets of the Trust upon termination of his/her employment or otherwise, except as provided from time to time under this Plan, and then only to the extent of the benefits payable under the Plan to such Employee or Beneficiary out of the assets of the Trust.All payments of benefits as provided for in this Plan shall be made solely out of the assets of the Trust and none of the fiduciaries shall be liable therefor in any manner. 16.03 Nonalienation of Benefits. Except as provided in Sections 16.04 and 16.06 of the Plan, benefits payable under this Plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution, or levy of any kind, either voluntary or involuntary, prior to actually being received by the person entitled to the benefit under the terms of the Plan; and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge or otherwise dispose of any right to benefits payable hereunder, shall be void.The Trust shall not in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements or torts of any person entitled to benefits hereunder. 16.04 Qualified Domestic Relations Order. Notwithstanding Section 16.03 of the Plan, amounts may be paid with respect to a Participant pursuant to a domestic relations order, but if and only if the order is determined to be a qualified domestic relations order within the meaning of sec- tion 414(p) of the Code or any domestic relations order entered before January 1, 1985. 16.05 Nonforfeitability of Benefits. Subject only to the specific provisions of this Plan, nothing shall be deemed to deprive a Participant of his/her right to the Nonforfeitable Interest to which he/ she becomes entitled in accordance with the provisions of the Plan. 16.06 Incompetency of Payee. In the event any benefit is payable to a minor or incompetent, to a person otherwise under legal disability, or to a person who, in the sole judgment of the Employer, is by reason of advanced age, illness, or other physical or mental incapacity incapable of handling the disposition of his/her property, the Employer may apply the whole or any part 36 of such benefit directly to the care, comfort, maintenance, support, education, or use of such person or pay or distribute the whole or any part of such benefit to: (a) The parent of such person; (b) The guardian, committee, or other legal representative, wherever appointed, of such person; (c) The person with whom such person resides; (d) Any person having the care and control of such person; or (e) Such person personally. The receipt of the person to whom any such payment or distribution is so made shall be full and complete discharge therefor. 16.07 Inability to Locate Payee.Anything to the contrary herein notwithstanding, if the Employer is unable, after reasonable effort, to locate any Participant or Beneficiary to whom an amount is payable hereunder, such amount shall be forfeited and held in the Trust for application against the next succeeding Employer Contribution or contributions required to be made hereunder. Notwithstanding the foregoing, however, such amount shall be reinstated, by means of an additional Employer contribution, if and when a claim for the forfeited amount is sub- sequently made by the Participant or Beneficiary or if the Employer receives proof of death of such person, satisfactory to the Employer.To the extent not inconsistent with applicable law, any benefits lost by reason of escheat under applicable state law shall be considered forfeited and shall not be reinstated. 16.08 Mergers, Consolidations, and Transfer of Assets. The Plan shall not be merged into or consolidated with any other plan, nor shall any of its assets or liabilities be transferred into any such other plan, unless each Participant in the Plan would (if the Plan then terminated) receive a benefit immediately after the merger, consolidation, or transfer that is equal to or greater than the benefit he/she would have been entitled to receive immediately before the merger, consolidation, or transfer (if the Plan had then terminated). 16.09 Employer Records. Records of the Employer as to an Employee's or Participant's Period of Service, termination of service and the reason therefor, leaves of absence, reemployment, Earnings, and Compensation will be conclusive on all persons, unless determined to be incorrect. 16.10 Gender and Number. The masculine pronoun, whenever used herein, shall include the feminine pronoun, and the singular shall include the plural, except where the context requires otherwise. 16.11 Applicable Law.The Plan shall be construed under the laws of the State where the Employer is located, except to the extent superseded by federal law.The Plan is established with the intent that it meets the requirements under the Code.The provisions of this Plan shall be interpreted in conformity with these requirements. In the event of any conflict between the Plan and a policy or contract issued hereunder, the Plan provisions shall control;provided, however, no Plan amendment shall supersede an existing 37 policy or contract unless such amendment is required to maintain qualification under section 401(a) and 414(d) of the Code. XVII. SPOUSAL BENEFIT REQUIREMENTS 17.01 Application. Effective as of January 1, 2006, where elected by the Employer in the Adoption Agreement (the "QJSA Election"), the provisions of this Article shall take precedence over any conflicting provision in this Plan. If elected, the provisions of this Article shall apply to any Par- ticipant who is credited with any Period of Service with the Employer on or after August 23, 1984, and such other Participants as provided in Section 17.05. 17.02 Qualified Joint and Survivor Annuity. Unless an optional form of benefit is selected pursuant to a Qualified Election within the ninety(90) day period ending on the Annuity Starting Date, a married Participant's Vested Account Balance will be paid in the form of a Qualified Joint and Survivor Annuity and an unmarried Participant's Vested Account Balance will be paid in the form of a Straight Life Annuity.The Participant may elect to have such annuity distributed upon the attainment of the Earliest Retirement Age under the Plan. 17.03 Qualified Preretirement Survivor Annuity. If a Participant dies before the Annuity Starting Date, then fifty percent (50%) of the Participant's Vested Account Balance shall be applied toward the purchase of an annuity for the life of the Surviving Spouse; the remaining por- tion shall be paid to such Beneficiaries (which may include such Spouse) designated by the Participant. Notwithstanding the foregoing, the Participant may waive the spousal annuity by designating a different Beneficiary within the Election Period pursuant to a Qualified Election. To the extent that less than one hundred percent (100%) of the vested Account balance is paid to the Surviving Spouse, the amount of the Participant's Account derived from Employee contributions will be allocated to the Surviving Spouse in the same proportion as the amount of the Participant's Account derived from Employee contributions is to the Participant's total Vested Account Balance.The Surviving Spouse may elect to have such annuity distributed within a reasonable period after the Participant's death. Further, such Spouse may elect to receive any death benefit payable to him/her hereunder in any of the forms available to the Participant under Section 11.02. 17.04 Notice Requirements. (a) In the case of a Qualified Joint and Survivor Annuity as described in Section 17.02, the Plan Administrator shall, no less than thirty (30) days and no more than ninety (90) days prior to the Annuity Starting Date, provide each Participant a written explana- tion of: (i) the terms and conditions of a Qualified Joint and Survivor Annuity; (ii) the Participant's right to make and the effect of an election to waive the Qualified Joint and Survivor Annuity form of benefit; (iii) the rights of a Participant's Spouse; and (iv) the right to make, and the effect of, a revocation of a previous election to waive the Quali- fied Joint and Survivor Annuity. However, if the Participant, after having received the written explanation, affirmatively elects a form of distribution and the Spouse consents to that form of distribution (if necessary), benefit payments may commence less than 30 days after the written explanation was provided to the Participant, provided that the following requirements are met: (1) The Plan Administrator provides information to the Participant clearly indicating that the Participant has a right to at least 30 days to consider whether 38 to waive the Qualified Joint and Survivor Annuity and consent to a form of distribution other than a Qualified Joint and Survivor Annuity; (2) The Participant is permitted to revoke an affirmative distribution election at least until the Annuity Starting Date, or if later, at any time prior to the expiration of the 7-day period that begins the day after the explanation of the Qualified Joint and Survivor Annuity is provided to the Participant; (3) The Annuity Starting Date is after the date that the explanation of the Qualified Joint and Survivor Annuity is provided to the Participant; and (4) Distribution in accordance with the affirmative election does not commence before the expiration of the 7-day period that begins after the day after the explanation of the Qualified Joint and Survivor Annuity is provided to the Participant. (b) In the case of a Qualified Preretirement Survivor Annuity as described in Section 17.03, the Plan Administrator shall provide each Participant within the applicable period for such Participant a written explanation of the Qualified Preretirement Survivor Annuity in such terms and in such manner as would be comparable to the explanation provided for meeting the requirements of Subsection (a) applicable to a Qualified Joint and Survivor Annuity. The applicable period for a Participant is whichever of the following periods ends last: (i) the period beginning with the first day of the Plan Year in which the Participant attains age thirty-two (32) and ending with the close of the Plan Year preceding the Plan Year in which the Participant attains age thirty-five (35); (ii) a reasonable period ending after the individual becomes a Participant; (iii) a reasonable period ending after Subsection (c) ceases to apply to the Participant; (iv) a reasonable period ending after this Article first applies to the Participant. Notwithstanding the foregoing, notice must be provided within a reasonable period ending after separation from service in the case of a Participant who separates from service before attaining age thirty-five (35). For purposes of applying the preceding paragraph, a reasonable period ending after the enumerated events described in (ii), (iii) and (iv) is the end of the two (2) year period beginning one (1) year prior to the date the applicable event occurs, and ending one (1) year after that date. In the case of a Participant who separates from service before the Plan Year in which age thirty-five (35) is attained, notice shall be provided within the two (2) year period beginning one (1) year prior to separation and ending one (1) year after separation. If such a Participant thereafter returns to employment with the Employer, the applicable period for such Participant shall be redetermined. (c) Notwithstanding the other requirements of this Section, the respective notices prescribed by this Section need not be given to a Participant if(1) the Plan "fully subsidizes" the costs of a Qualified Joint and Survivor Annuity or Qualified Preretirement Survivor Annuity, and (2) the Plan does not allow the Participant to waive the Qualified Joint and Survivor Annuity or Qualified Preretirement Survivor Annuity and does not allow a married Participant to designate a non-Spouse Beneficiary. For purposes of this Subsection (c), a plan fully subsidizes the costs of a benefit if no increase in cost or decrease in benefits to the Participant may result from the Participant's failure to elect another benefit. 39 17.05 Definitions. For the purposes of this Section, the following definitions shall apply: (a) Annuity Starting Date:The first day of the first period for which an amount is paid as an annuity or any other form. (b) Election Period:The period which begins on the first day of the Plan Year in which the Participant attains age thirty-five (35) and ends on the date of the Participant's death. If a Participant separates from service prior to the first day of the Plan Year in which age thirty-five (35) is attained, with respect to the Account balance as of the date of separa- tion, the Election Period shall begin on the date of separation. Pre-age thirty-five (35) waiver: A Participant who will not yet attain age thirty-five (35) as of the end of any current Plan Year may make a special Qualified Election to waive the Qualified Preretirement Survivor Annuity for the period beginning on the date of such election and ending on the first day of the Plan Year in which the Participant will attain age thirty-five (35). Such election shall not be valid unless the Participant receives a written explanation of the Qualified Preretirement Survivor Annuity in such terms as are comparable to the explanation required under Section 17.04(a). Qualified Preretirement Survivor Annuity coverage will be automatically reinstated as of the first day of the Plan Year in which the Participant attains age thirty-five (35). Any new waiver on or after such date shall be subject to the full requirements of this Article. (c) Earliest Retirement Age:The earliest date on which, under the Plan, the Participant could elect to receive retirement benefits. (d) Qualified Election: A waiver of a Qualified Joint and Survivor Annuity or a Qualified Preretirement Survivor Annuity.Any waiver of a Qualified Joint and Survivor Annuity or a Qualified Preretirement Survivor Annuity shall not be effective unless: (a) the Participant's Spouse consents in writing to the election; (b) the election designates a specific Beneficiary, including any class of Beneficiaries or any contingent Beneficiaries, which may not be changed without spousal consent (or the Spouse expressly permits designations by the Participant without any further spousal consent); (c) the Spouse's consent acknowledges the effect of the election; and (d) the Spouse's consent is witnessed by a Plan representative or notary public.Additionally, a Participant's waiver of the Qualified Joint and Survivor Annuity shall not be effective unless the election designates a form of benefit payment which may not be changed without spousal consent (or the Spouse expressly permits designations by the Participant without any further Spousal consent). If it is established to the satisfaction of a Plan representative that there is no Spouse or that the Spouse cannot be located, a waiver will be deemed a Qualified Election. Any consent by a Spouse obtained under this provision (or establishment that the consent of a Spouse may not be obtained) shall be effective only with respect to such Spouse.A consent that permits designations by the Participant without any requirement of further consent by such Spouse must acknowledge that the Spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that the Spouse voluntarily elects to relinquish either or both of such rights.A revocation of a prior waiver may be made by a Participant without the consent of the Spouse at any time before the commencement of benefits.The number of revocations 40 shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 17.04. (e) Qualified Joint and Survivor Annuity: An immediate annuity for the life of the Participant with a survivor annuity for the life of the Spouse which is fifty percent (50%) of the amount of the annuity which is payable during the joint lives of the Participant and the Spouse and which is the amount of benefit which can be purchased with the Participant's Vested Account Balance. (f) Spouse (Surviving Spouse):The Spouse or Surviving Spouse of the Participant, provided that a former Spouse will be treated as the Spouse or Surviving Spouse and a current Spouse will not be treated as the Spouse or Surviving Spouse to the extent provided under a qualified domestic relations order as described in section 414(p) of the Code. (g) Straight Life Annuity:An annuity payable in equal installments for the life of the Participant-t-hat-terminates-upon_the_Participants_death. (h) Vested Account Balance:The aggregate value of the Participant's vested Account balances derived from Employer and Employee contributions (including rollovers), whether vested before or upon death, including the proceeds of insurance contracts, if any, on the Participant's life.The provisions of this Article shall apply to a Participant who is vested in amounts attributable to Employer Contributions, Employee contributions (or both) at the time of death or distribution. 17.06 Annuity Contracts.Where benefits are to be paid in the form of a life annuity pursuant to the terms of this Article, a nontransferable annuity contract shall be purchased from a life insurance company and distributed to the Participant or Surviving Spouse, as applicable.The terms of any annuity contract purchased and distributed by the Plan shall comply with the requirements of this Plan and section 417 of the Code. XVIII. FINAL PAY CONTRIBUTIONS 18.01 Eligibility. Effective as of January 1, 2006, if elected by the Employer in the Adoption Agreement, Final Pay Contributions on behalf of each Participant equal to the equivalent of the accrued unpaid final pay, as defined in the Adoption Agreement ("Final Pay"), shall be contributed to the Plan. 18.02 Contribution Amount.At the election of the Employer in the Adoption Agreement, the Final Pay Contributions may be made as either (a) Employer Final Pay Contributions, or (b) Employee Designated Final Pay Contributions, as described below. (a) Employer Final Pay Contributions.The Employer shall contribute to the Plan for each Participant the equivalent of a designated amount of accrued unpaid final pay upon termination of employment of the Participant, as the Employer so elects in the Adoption Agreement.The Employer's contribution for any Plan Year shall be due and paid not later than the time prescribed by applicable law. The Employer Final Pay Contributions shall be accounted for in the Employer Contribution Account. 41 (b) Employee Designated Final Pay Contributions.The Employer shall contribute to the Plan for each Participant all or any portion of a Participant's Final Pay, as elected by the Participant.The Employer may limit the amount of Final Pay to be elected to be contributed to the Plan. Once elected, an Employee's election shall remain in force and may not be revised or revoked. The Employee Designated Final Pay Contributions shall be accounted for in the Participant Contribution Account, and are nonforfeitable by the Participant at all times. The Employee Designated Final Pay Contributions shall be "picked up" by the Employer in accordance with Code section 414(h)(2).The contributions shall be treated as an employer contribution in determining the tax treatment under the Code, and shall not be included as gross income of the Participant until it is distributed. A Participant cannot elect to receive cash in lieu of any Final Pay Contribution. 18.03 Equivalencies. The Final Pay Contribution shall be determined by multiplying the Participant's current daily rate of pay from the Employer times the amount of accrued unpaid leave being converted. 18.04 Excess Contributions. Final Pay Contributions are limited to the extent of applicable law and any Code limitation. No Final Pay Contribution shall be made to the extent that it would exceed the applicable Code section 415 limitation, as set forth in Article V. Any excess contributions as a result of the Code section 415 limitation shall remain in the Participant's leave bank. XIX. ACCRUED LEAVE CONTRIBUTIONS 19.01 Eligibility. Effective as of January 1, 2006, if elected by the Employer in the Adoption Agreement,Accrued Leave Contributions on behalf of each eligible Participant equal to the equivalent of the accrued unpaid leave, as defined in the Adoption Agreement ("Accrued Leave"), shall be contributed to the Plan. Eligibility for Accrued Leave Contributions is limited to only those Participants or class of Participants that the Employer elects in the Adoption Agreement. 19.02 Contribution Amount.At the election of the Employer in the Adoption Agreement, the Accrued Leave Contributions may be made as either (a) Employer Accrued Leave Contributions, or (b) Employee Designated Accrued Leave Contributions, as described below. (a) Employer Accrued Leave Contributions.The Employer shall contribute to the Plan for each eligible Participant the equivalent of a designated amount of accrued unpaid leave each year, as the Employer so elects in the Adoption Agreement.The Employer's contribution for any Plan Year shall be due and paid not later than the time prescribed by applicable law. The Employer Accrued Leave Contributions shall be accounted for in the Employer Contribution Account. (b) Employee Designated Accrued Leave Contributions.The Employer shall contribute to the Plan for each eligible Participant all or any portion of a Participant's Accrued Leave, 42 as elected by the Participant.The Employer may limit the amount of Accrued Leave to be elected to be contributed to the Plan. Once elected, an Employee's election shall remain in force and may not be revised or revoked. The Employee Designated Accrued Leave Contributions shall be accounted for in the Participant Contribution Account, and are nonforfeitable by the Participant at all times. The Employee Designated Accrued Leave Contributions shall be "picked up" by the Employer in accordance with Code section 414(h)(2).The contributions shall be treated as an employer contribution in determining the tax treatment under the Code, and shall not be included as gross income of the Participant until it is distributed. A Participant cannot elect to receive cash in lieu of any Accrued Leave Contribution. 19.03 Equivalencies. The Accrued Leave Contribution shall be determined by multiplying the Participant's current daily rate of pay from the Employer times the amount of accrued unpaid leave being converted. 19.04 Excess Contributions. Accrued Leave Contributions are limited to the extent of applicable law and any Code limitation. No Accrued Leave Contribution shall be made to the extent that it would exceed the applicable Code section 415 limitation, as set forth in Article V. Any excess contributions as a result of the Code section 415 limitation shall remain in the Participant's leave bank. DECLARATION OF TRUST This Declaration of Trust (the "Group Trust Agreement") is made as of the 19th day of May, 2001, by VantageTrust Company,which declares itself to be the sole Trustee of the trust hereby created. WHEREAS, the ICMA Retirement Trust was created as a vehicle for the commingling of the assets of governmental plans and governmental units described in Section 818(a)(6) of the Internal Revenue Code of 1986, as amended, pursuant to a Declaration of Trust dated October 4, 1982, as subsequently amended, a copy of which is attached hereto and incorporated by reference as set out below (the "ICMA Declaration"); and WHEREAS, the trust created hereunder (the "Group Trust") is intended to meet the requirements of Revenue Ruling 81-100, 1981-1 C.B. 326, and is established as a common trust fund within the meaning of Section 391:1 of Title 35 of the New Hampshire Revised Statutes Annotated, to accept and hold for investment purposes the assets of the Deferred Compensation and Qualified Plans held by and through the ICMA Retirement Trust. NOW,THEREFORE, the Group Trust is created by the execution of this Declaration of Trust by the Trustee and is established with respect to each Deferred Compensation and Qualified Plan by the transfer to the Trustee of such Plan's assets in the ICMA Retirement Trust, by the Trustees thereof, in accord with the following provisions: 1. Incorporation of ICMA Declaration by Reference; ICMA By-Laws. Except as otherwise provided in this Group Trust Agreement, and to the extent not inconsistent herewith, all provisions of the ICMA Declaration are incorporated herein by reference and made a part hereof, to be read by substituting the Group Trust for the Retirement Trust and the Trustee for the Board of Trustees referenced therein. In this respect, unless the context clearly indicates otherwise, all capitalized terms used herein and defined in the ICMA Declaration have the meanings assigned to them in the ICMA Declaration. In addition, the By-Laws of the ICMA Retirement Trust, as the same may be amended from time-to-time, are adopted as the By-Laws of the Group Trust to the extent not inconsistent with the terms of this Group Trust Agreement. 43 Notwithstanding the foregoing, the terms of the ICMA Declaration and By-Laws are further modified with respect to the Group Trust created hereunder, as follows: (a) any reporting, distribution, or other obligation of the Group Trust vis-à-vis any Deferred Compensation Plan, Qualified Plan, Public Employer, Public Employer Trustee, or Employer Trust shall be deemed satisfied to the extent that such obligation is undertaken by the ICMA Retirement Trust (in which case the obligation of the Group Trust shall run to the ICMA Retirement Trust); and (b) all provisions dealing with the number, qualification, election, term and nomination of Trustees shall not apply, and all other provisions relating to trustees (including, but not limited to, resignation and removal) shall be interpreted in a manner consistent with the appointment of a single corporate trustee. 2. Compliance with Revenue Procedure 81-100.The requirements of Revenue Procedure 81-100 are applicable to the Group Trust as follows: (a) Pursuant to the terms of this Group Trust Agreement_and Article X of the By-Laws, investment in the Group Trust is limited to assets of Deferred Compensation and Qualified Plans, investing through the ICMA Retirement Trust. (b) Pursuant to the By-Laws, the Group Trust is adopted as a part of each Qualified Plan that invests herein through the ICMA Retirement Trust. (c) In accord with the By-Laws, that part of the Group Trust's corpus or income which equitably belongs to any Deferred Compensation and Qualified Plan may not be used for or diverted to any purposes other than for the exclusive benefit of the Plan's employees or their beneficiaries who are entitled to benefits under such Plan. (d) In accord with the By-Laws, no Deferred Compensation Plan or Qualified Plan may assign any or part of its equity or interest in the Group Trust, and any purported assignment of such equity or interest shall be void. 3. Governing Law. Except as otherwise required by federal, state or local law, this Declaration of Trust (including the ICMA Declaration to the extent incorporated herein) and the Group Trust created hereunder shall be construed and determined in accordance with applicable laws of the State of New Hampshire. 4. Judicial Proceedings.The Trustee may at any time initiate an action or proceeding in the appropriate state or federal courts within or outside the state of New Hampshire for the settlement of its accounts or for the determination of any question of construction which may arise or for instructions. IN WITNESS WHEREOF, the Trustee has executed this Declaration of Trust as of the day and year first above written. VANTAGETRUST COMPANY 671/1/L. 5/ 1 OW fr," By Angela C. Monte Assistant Corporate Secretary 44 • 401 GOVERNMENTAL PROFIT-SHARING PLAN & TRUST ADOPTION AGREEMENT Building Retirement Security r ------------------___----___=- ------ --- - - - ----- -- ---- --- - -- _ - __ __ _ __ _ ___ __ _ _ 1 _ _ ___ ___ ___ _ _ _ _ _ _ _ _______ _„ =_ ___________:_______ „_ __ _ _______,______=____ _ __ __ ____ __ __ _ _ _ _ _ _ _ _ _______ __ =__ _ _ _ __ __ _ __ _ ,__,_________ _=__________ :__ __ _ ____ _ _ _ _ ____ _ _ _ _____ ____ _ _ _ __ . „,„,_::_____ ____=_=,,__,,_ __ __ _ ________ _ __ __ _ ___ __ __ ___ __ _ _ ____ ______ _____, __ _ _ __ _ _ _ .. ,_ __ _ _ _ _ _ _ :—.=--_-------_—_--_--_---_===-___--:---_---_____ ______ _ ___ _ , _ _ _ _ ______ _ _ _ ___________________ ___ __ ____ . „____:____.ir____________________ _ _ _ __ ___ ____ _ _ ___ ____ __ __ _ _s _ ______ ____ _ _ _ ________ _,,______ _=_______ _ _ _ _ _ _ ___ _ ___ _ _ ___ _ _ _ _ _ _ __:_i_,__ _______ _ _ _ _ _ :=___,____;,_____ _ _ _______ __ _ _ __ _ _ __ _ . __ ________ _ _ __ _ __ __ _ _ _ _ _ __ _ __ _ :_______ ______ _____________ _ __ _ _ _ _ _ _ _ . :_="_____ __ ____s__________=_,_____,_,,== ________=„__ _________,___,_,_ ___:: „,_,___,_,_,,_ _ __„_ ___ ,___,=_ __:_____ _ __ ___ _ ___ _ _ :_.___ _:_______________ _ _ _ _ _ __ _ __ ___ __________ _ _ ______ ____ _ ___ _ ___ __ __ __ „____=„ ________ ___________ _ __ _ ______ _ __ __ _ ___ _ ________ _ _ ___ __ ___ __ _ _ __ _ _____ __ _ ____--- -7 f------ -- _________ _______„,-- _ _ _ __ _ __ ICMA RETIREMENT CORPORATION GOVERNMENTAL PROFIT-SHARING PLAN & TRUST ADOPTION AGREEMENT PLAN NUMBER 10 Cog C7 S The Employer hereby establishes a Profit Sharing Plan and Trust to be known as G1�_QALGtn ��1'G1( y = ✓I____(the"Plan") in the form of the ICMA Retirement Corporation Governmental Profit Sharing Plan and Trust(PSP 01/01/06). [906] This Plan is an amendment and restatement of an existing defined contribution profit sharing plan. Yes No If yes,please specify the name of the defined contribution profit sharing plan which this Plan hereby amends and restates: Employer: �--1 OF { IGll\`11L 1 eP _h [902] II. The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan,unless an alternate Effective Date is hereby specified:_fig rtIIL 2-0 __(e.g.,January 1,2006 for the PSP 01/01/06 Plan) III. Plan Year will mean: The twelve(12)consecutive month period which coincides with the limitation year, (See Section 5,05(h) of the Plan.) 5 9 The twelve(12)consecutive month period commencing on I D and each anniversary thereof. IV. Normal Retirement Age shall be age_60_(not to exceed age 65). [286] V. ELIGIBILITY REQUIREMENTS: 1. The following group or groups of Employees are eligible to participate in the Plan: All Employees All Full Time Employees Salaried Employees Non union Employees Management Employees Public Safety Employees "� General Employees (Ae.0 I�.ett, or. At (CtikMQ.n F\ Other Employees(specify describe the group(s)of eligible employees below) The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances,rules,regulations,personnel manuals or other material in effect in the state or locality of the Employer. Also,the eligibility requirements for participation in the Plan cannot be such that Employees become Participants only in the Plan Year in which the Employees terminate employment(i.e.,stand-alone final pay plans). 2, The Employer hereby waives or reduces the requirement of a twelve(12) month Period of Service for participation. The require4 Period of Service shall be(write N/A if an Employee is eligible to participate upon employment) If this waiver;reduction is elected,it shall apply to all Employees within the Covered Employment Classification. 1 Profit Sharing Plan Adoption Agreement 3. Aininimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is I (not to exceed age 21. Write N/A if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS The Employer shall contribute as follows(choose all that apply): al Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If section B or C is chosen,please complete section D. A. Fixed Employer Contributions, The Employer shall contribute on behalf of each Participant %of Earnings or$ for the Plan Year(subject to the limitations of Article V of the Plan).f\f k'.r )Q laienrj O'c- 6"-er V t ? Mandatory Participant Contributions • are required RI are not required to be eligible for this Employer Contribution. B. Mandatory Participant Contributions for Plan Participation. A Participant is required to contribute (subject to the limitations of Article V of the Plan) (i) - %of Earnings, or (iii) a whole percentage of Earnings between the range of (insert range of percentages between 0%and 20%(e.g.,3%, 6%,or 20%;5%to 7%)),as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan, A Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. The Employer hereby elects to"pick up"the Mandatory Participant Contributions,' • Yes EJ No [621] C. Mandatory Participant Contributions for this Portion of the Plan. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute (insert range of percentages between 0%and 20%(e.g.,3%, 6%, or 20%;5%to 740))of the Employee's Earnings to the Plan for each Plan Year(subject to the limitations of Article V of the Plan). A Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Participant in this portion of the Plan. The Employer hereby elects to"pick up"the Mandatory Participant Contributions,' • Yes No [621] Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are picked up by the Employer are not includable in the Participants gross income for federal income tax purposes. Pick-up contributions are not mandated to receive private letter rulings,however,if an adopting employer wishes to receive a ruling on pick-up contributions they may request one in accordance with Revenue Procedure 2007-4(or subsequent guidance). ' See footnote I above. Profit Sharing Plan Adoption Agreement 2 ATTACHMENT B All member contributions will be deposited to their 457 Plan account. All employer matching and/or non matching contributions will be deposited to the member's 401 Profit Sharing Plan account. (a.)The city will match contributions made by individual employee up to six(6)percent of their compensation during the first ten (10)years of service. This match provided by the city will be made to the member's 401 Profit Sharing Plan. (b.)After ten (10)years of service, the City will contribute an additional four (4) percent of the employee's compensation to the member's 401 Profit Sharing Plan. Matching is not required for the additional four(4)percent contribution: 3. The Employer will permit Elective Deferrals and Catch-up Contributions elections to be made during the annual election window of____,____days(at least 30 calendar days), The election window will run from to (insert annual time frame for the election window or multiple time periods)and will not apply retroactively. VIII. EARNINGS Earnings,as defined under Section 2.10 of the Plan,shall include: (a) Overtime n Yes fig No (b) Bonuses Yes Nn (c) Other Pay(specifically describe any other types of pay to be included below) IX. The Employer will permit rollover contributions in accordance with Section 4.11 of the Plan. Yes No X. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is(or was)a participant or could possibly become a participant,the Employer hereby agrees to limit contributions to all such plans as provided herein,if necessary in order to avoid excess contributions(as described in Section 5.04 of the Plan). 1. lithe Participant is covered under another qualified defined contribution plan maintained by the Employer,the provisions of Section 5.04(a) through(f)of the Plan will apply,unless another method has been indicated below. 11 Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount,and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The limitation year is the following 12 consecutive month period: 5 Profit Sharing Plan Adoption Agreement 6. Loans are permitted under the Plan,as provided in Article XIII of the Plan: 0 Yes 50 No [751] XIII, SPOUSAL PROTECTION The Plan will provide the following level of spousal protection(select one): A. E Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. The Participant can name any person(s)as the Beneficiary of the Plan,with no spousal consent required. [646:6] B. 0 Beneficiary Spousal Consent Election(Article XII), The normal form of payment of benefits under the Plan is a lump sum, Upon death,the surviving spouse is the Beneficiary,unless he or she consents to the Participant's naming another Beneficiary. (This is the default provision under the Plan if no selection is [646:6] made.) C. 0 QJSA Election(Article XVII). The normal form of payment of benefits under the Plan is a 50%qualified joint and survivor annuity with the spouse(or life annuity,if single). In the event of the Participant's death [642:8] prior to commencing payments,the spouse will receive an annuity for his or her lifetime, [646:6] X1V. FINAL PAY CONTRIBUTIONS The Plan will provide for Final Pay Contributions if either I or 2 below is selected, Final Pay shall be defined as(select one); A. 0 Accrued unpaid vacation B. 0 Accrued unpaid sick leave C, 0 Accrued unpaid vacation and sick leave D. 0 Other(insert definition of final pay): that would otherwise be payable to the Employee in cash upon termination, 1. Employer Final Pay Contribution.The Employer shall contribute on behalf of each Participant ___%of Final Pay to the Plan(subject to the limitations of Article V of the Plan). (� 2. Employee Designated Final Pay Contribution.Each Employee eligible CO participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute %(insert fixed percentage of final pay to be contributed)or up CO %(insert maximum percentage of final pay to be contributed)of Final Pay CO the Plan(subject to the limitations of Article V of the Plan). Once elected,an Employee's election shall remain in force and may not be revised or revoked. If the employer elects to"pick up"these amounts,in no event does the Employee have the option of receiving the pick-up contribution amount directly. The Employer hereby elects to"pick up"the Employee Designated Final Pay Contribution thereby treating such contributions as Employer-made contributions for federal income tax purposes, 0 Yes 0 No [621] 7 Profit Sharing Plan Adoption Agreement The Employer hereby agrees to the provisions of the Plan and Trust, XIX. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan, XX. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof,the Employer hereby causes this Agreement to he executed on this_t°._day of _ f i L ___,20 EMPLOYER ICMA RETIREMENT CORPORATION 777__Noah Capital_S_t._,_NE Washington, DC 20002-4290 202-96 096 r / � Print Name: `— ' 4A tisn.J Print Name: ic.■ Title: C r r JYl� ��c.En Title: ) -s •f 1--. Attest:ct/o ''- Attest: 9 Profit Sharing Plan Adoption Agreement AGENDA ITEM#6B JUNE 10,2013 RESOLUTION NO. 13-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA ADOPTING A POLICY TO HOLD TOWN HALL MEETINGS ON A QUARTERLY BASIS WHEREAS, it is important to maintain an open relationship with the community and foster a relationship of open dialogue between the Commission and the citizens of Atlantic Beach. NOW THEREFORE BE IT RESOLVED, by the City Commission, City of Atlantic Beach as follows; Section 1. The City Commission will hold regular Town Hall meetings. Section 2. The Town Hall meetings will be held quarterly in the months of January, April, July and October. Section 3. The location for the Town Hall meetings will alternate quarterly between locations east and west of Mayport Road. ADOPTED by the City Commission of the City of Atlantic Beach this 10th day of June, 2013. MIKE BORNO Mayor APPROVED AS TO FORM: ALAN C. JENSEN,ESQUIRE City Attorney ATTEST: DONNA L.BARTLE, CMC City Clerk AGENDA ITEM#7A JUNE 10,2013 ORDINANCE NO. 20-13-123 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 adopted the original budget for 2013 without including funds for employee raises due to pending union negotiations at the time. Those raises are included in this amendment totaling $29,924 city-wide, and WHEREAS, this proposed ordinance funds the City negotiated buy-down of personal leave balances to a maximum of 680 hours in conjunction with eliminating the ability for employees to cash in unused personal leave in the future. This buy-down was not budgeted, but was partially off-set by the unused budget that was approved for the employee selected cash-in program. The original budget for cash-ins of$129,748, less the City mandated buy-down to 680 hours of$102,739 and less the December budgeted cash-ins of$49,815 leaves a budget shortfall of$22,806 city-wide, and WHEREAS, the City hired a labor attorney to assist the City Manager with labor negotiations that was not budgeted. This proposed ordinance adds an additional $32,300 to the General Fund legal budget, and WHEREAS, the City has also agreed to transfer the employee contributions to date of those employees not vested in the General Employee Retirement System defined benefit plan into a defined contribution plan with interest together with a 100% City match as a way of closing the Defined Benefit plan to all unvested employees hired after September 2008 and future general employees. This proposed ordinance includes $66,638 for that purpose. The ordinance also includes a small change in the employee contributions to the Defined Benefit plan as a result of the employees being removed from that system, and WHEREAS, this proposed ordinance creates a budget for the revenues and expenses of the new trust fund to reflect the initial deposit of the City's matched contributions, but not include at this time a budget for the City's match of employee contributions made between implementation and the end of the year. This will be addressed with the year end adjustment due to the inability to predict participation at this time, and WHEREAS, the City Commission has authorized foreclosure on a residential property located at 765 Sabalo Road for unpaid code enforcement fines and property taxes. A settlement was reached requiring the City to pay the owner $4,000 along with the taxes and miscellaneous fees to acquire the property for a total of$13,040, and WHEREAS,the City Commission has agreed to assist with the funding of the Jacksonville Beach Fourth of July fireworks display by contributing$5,000. AGENDA ITEM#7A JUNE 10,2013 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: Salary and Benefits of all departments per attached Schedule A $98,312 City Administration Legal Division Professional Services 32,300 Non-Departmental Land Purchase 13,040 Jacksonville Beach fireworks display 5,000 Transfer to General Employee Profit Sharing Plan- match 66,638 Total Expenses: $215,290 Fund Balance $215,290 PUBLIC UTILITIES—WATER AND SEWER UTILITY FUNDS COMBINED Expenses: Salary and Benefits of all departments per attached Schedule A $13,878 Fund Balance: (13,878) SANITATION FUND Expenses: Salary and Benefits per attached Schedule A ($280) Fund Balance: $280 BUILDING CODE ENFORCEMENT FUND Expenses: Salary and Benefits per attached Schedule A $3,125 Fund Balance: ($3,125) STORM WATER UTILITY FUND Expenses: Salary and Benefits per attached Schedule A $4,325 Fund Balance: ($4,325) Ordinance No.20-13-123 Page 2 of 3 AGENDA ITEM#7A JUNE 10,2013 GENERAL EMPLOYEE RETIREMENT TRUST FUND Revenues: Employee Contributions—Those leaving the system ($7,906) Employee Contributions—Those to pay 1% more $7,477 Total Revenues ($429) Expenses: Pension Contribution Refunds—Transferred to 401 $66,638 Fund Balance ($67,067) GENERAL EMPLOYEE DEFINED CONTRIBUTION PLAN Revenues: Contributions from City $66,638 Fund Balance $66,638 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 13th day of May 2013. Passed by the City Commission on second and final reading this 10th day of June 2013. Mike Borno Mayor/Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen, Esquire Donna L. Bartle, CMC City Attorney City Clerk Ordinance No.20-13-123 Page 3 of 3 AGENDA ITEM II 7B JUNE 10,2013 ORDINANCE NO. 58-13-35 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, ESTABLISHING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 5, CITY OF ATLANTIC BEACH DEFINED CONTRIBUTION PLAN, SECTIONS 2-320 THROUGH 2-330, PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach General Employees are presently provided pension and certain other benefits under Ordinances of the City of Atlantic Beach and; WHEREAS, the City Commission wishes to establish a Profit Sharing Plan. This Plan shall be maintained as a governmental profit sharing plan under the provisions of Section 401 of the United States Internal Revenue Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA; SECTION 1: That Chapter 2, Administration, Article VI, Employee Benefits, Division 5, City of Atlantic Beach Defined Contribution Plan, Sections 2-320 through 2-340, inclusive, of the Code of Ordinances of the City of Atlantic Beach, is hereby established as set forth in the document designated CITY OF ATLANTIC BEACH DEFINED CONTRIBUTION PLAN attached hereto and made a part hereof. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Atlantic Beach. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. AGENDA ITEM#7B JUNE 10,2013 SECTION 5: That this Ordinance shall become effective upon its adoption. PASSED ON FIRST READING, this 13th day of May 2013. PASSED AND ADOPTED ON SECOND AND FINAL READING, this 10th day of June 2013. MIKE BORNO MAYOR ATTEST: DONNA L. BARTLE, CMC CITY CLERK Approved as to form: ALAN C. JENSEN, ESQUIRE CITY ATTORNEY Ordinance No. 58-13-35 Page 2 of 5 AGENDA ITEM#7B JUNE 10,2013 CITY OF ATLANTIC BEACH DEFINED CONTRIBUTION PLAN Sec. 2-320. Eligibility and Membership Requirements. (a) Conditions of eligibility. 1. An employee is eligible to participate in the Defined Contribution Plan if they are employed with the City on or after September 1, 2008; and 2. The employee specified above is in a full-time position with the City or is in the classification of regular part-time employee who has a regular schedule of hours worked each pay period. (b) Conditions of ineligibility. 1. An employee is ineligible to participate in the Defined Contribution Plan if employed by the City prior to September 1, 2008 and is a member of the Defined Benefit Pension Plan for the City of Atlantic Beach; or 2. If any city managerial or professional employee is employed pursuant to an individual contract of employment with different terms and conditions for a defined contribution plan is ineligible to participate in this Defined Contribution Plan; or 3. Any person whose service to the city is rendered on a contractual or fee basis is ineligible to participate in the Defined Contribution Plan; or 4. Any person employed in a position classified as seasonal is ineligible to participate in the Defined Contribution Plan; or 5. Any person covered by a bargaining agreement between the City and the City of Atlantic Beach Police Department is ineligible to participate in the Defined Contribution Plan; or 6. Any participant of the Atlantic Beach Police Officers' Retirement System is not eligible to participate in the Defined Contribution Plan; or 7. An elected official when serving in their capacity during their time in office is ineligible to participate in the Defined Contribution Plan. (c) Membership. 1. An eligible employee may enroll in the Defined Contribution Plan at any time during their employment with the city. 2. All employees that meet the above conditions of eligibility will be enrolled in the City of Atlantic Beach Defined Contribution Plan at 10 years of service if they have not already become members before reaching 10 years of service. Sec. 2-321. Plan Year. (a) Plan Year The Plan Year will be defined as the twelve(12) consecutive month period commencing on October 1. Ordinance No. 58-13-35 Page 3 of 5 AGENDA ITEM#7B JUNE 10,2013 Sec. 2-322. Normal Retirement Age. (a) Retirement Age. Normal retirement age for the City of Atlantic Beach Defined Contribution Plan shall be age sixty(60). Sec. 2-323. Variable Employer Match of Voluntary Participant Contributions. (a) Employer Contributions. During the first ten(10) years of service, the Employer shall contribute matching contributions up to six(6) percent of earnings based on the Participants' percentage of earnings contributed to the 457 Defined Contribution Plan. (b) Employer contributions for a Plan Year shall be contributed to the Trust bi-weekly. Sec. 2-324. Contribution Provisions. (a) Employer Contributions. The employer shall contribute a fixed contribution of four(4) percent of earnings after the employee has obtained ten (10) years of service at the City. Mandatory participant contributions are not required. Sec. 2-325. Earnings. (a) Earnings. Earnings, as defined under Sec. 2-323 shall not include overtime or bonuses. (b) At Termination. Earnings will not include accrued unpaid personal leave and/or comp time that would otherwise be paid to the employee in cash. Sec. 2-326. Vesting Provisions. (a) Vesting. The Employee will be fully vested at 5 (five) years of completed service. The date of enrollment in the Plan does not affect the vesting period. (b) Non-vested members of the City of Atlantic Beach Defined Benefit Plan who are transferred to the Defined Contribution Plan will receive credit for their years of service towards vesting. Sec. 2-327. Withdraws and Loans. (a) Loans. Loans from the City of Atlantic Beach Defined Contribution Plan are not permitted. (b) In-service distributions. In-service distributions from the City of Atlantic Beach Defined Contribution Plan are not permitted at any age. Ordinance No. 58-13-35 Page 4 of 5 AGENDA ITEM#7B JUNE 10,2013 Sec. 2-328. Spousal Protection. (a) Spousal Protection, The Plan will provide Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. The Participant can name any person(s)as the Beneficiary of the Plan, with no spousal consent required. Sec. 2-329. Administrative Provisions. (a) The City Commission shall adopt the terms and provisions for the administrative provisions of the Defined Contribution Plan by resolution, provided that they shall not conflict with any of the provisions of this ordinance. Sec. 2-330 to 2-340. RESERVED Ordinance No. 58-13-35 Page 5 of 5 AGENDA ITEM#7C JUNE 10,2013 ORDINANCE NO. 58-13-36 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING AND RESTATING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM, SECTIONS 2-300 THROUGH 2-310.29, INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, BY RESTATING THE CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach Police Officers are presently provided pension and certain other benefits under Ordinances of the City of Atlantic Beach and; WHEREAS, the City Commission desires to clarify and restate the provisions of the Police Officers' Retirement System to consolidate all prior ordinances and Code provisions and to incorporate Federal law and the applicable provisions of Chapter 185, Florida Statutes; and WHEREAS, the City Commission also desires to amend and adjust the benefits currently provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA; SECTION 1: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, Sections 2-300 through 2-310.29, inclusive, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended and restated as set forth in the document designated CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM, attached hereto and made a part hereof. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Atlantic Beach. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or AGENDA ITEM#7C JUNE 10,2013 other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon its adoption. PASSED ON FIRST READING, this 13th day of May 2013. PASSED AND ADOPTED ON SECOND READING,this 10th day of June 2013. Mike Borno Mayor ATTEST: Donna L. Bartle, CMC City Clerk Approved as to form: Alan C. Jensen, Esquire City Attorney Ordinance No. 58-13-36 Page 2 of 48 AGENDA ITEM#7C JUNE 10,2013 CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM Sec. 2-300. Definitions. (a) As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accumulated contributions means a member's own contributions with interest compounded annually on October 1 of each year based on the two-year Treasury Rate as of October 1 of each year plus interest at the same rate payable through the date of termination of employment. For those members who purchase credited service with interest or at no cost to the system, any payment representing the amount attributable to member contributions based on the applicable member contribution rate, and any payment representing interest and any required actuarially calculated payments for the purchase of such credited service shall be included in accumulated contributions, with interest. Interest shall accrue only during periods of active employment. Actuarial equivalent means a benefit or amount of equal value, based upon the RP-2000 Combined Healthy Male Generational Mortality Table projected by Scale AA, and an interest rate of eight (8%) per annum. This definition may only be amended by the city pursuant to the recommendation of the board using assumptions adopted by the board with the advice of the plan's actuary, such that actuarial assumptions are not subject to city discretion. Average final compensation means one-twelfth (1/12) of the average salary of the five (5) best years of the last ten (10) years of credited service prior to retirement, termination, or death, or the career average as a full-time Police Officer, whichever is greater. A year shall be twelve (12) consecutive months. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a member who has or have been designated in writing by the member and filed with the board. If no such designation is in effect, or if no person so designated is living, at the time of death of the member, the beneficiary shall be the estate of the member. Board means the board of trustees, which shall administer and manage the system herein provided and serve as trustees of the fund. City means City of Atlantic Beach, Florida. Credited service means the total number of years and fractional parts of years of service as a Police Officer with member contributions, when required, omitting intervening years or fractional parts of years when such member was not employed by the city as a Police Officer. A member may voluntarily leave his accumulated contributions in the fund for a period of five (5) years after leaving the employ of the Police department pending the possibility of being reemployed as a Police Officer, without losing credit for the time that he was a member of the system. If a vested member leaves the employ of the Police department, his accumulated contributions will be returned only upon his written request. If a member who is not vested is not reemployed as a Police Officer with the Police department within five (5) years, his accumulated contributions, if one-thousand dollars ($1,000.00) or less shall be returned. If a Member who is not vested is not reemployed within five (5) years, his Accumulated Contributions, if more than one-thousand dollars ($1,000.00), will be returned only upon the written request of the Member and upon completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the Board. Upon return of a member's accumulated contributions, all of his rights and benefits under the system are forfeited and terminated. Upon any reemployment, a Police Officer shall not receive credit for the years Ordinance No. 58-13-36 Page 3 of 48 AGENDA ITEM#7C JUNE 10,2013 and fractional parts of years of service for which he has withdrawn his accumulated contributions from the fund, unless the Police Officer repays into the fund the contributions he has withdrawn, with interest, as determined by the board, within ninety (90) days after his reemployment. The years or fractional parts of a year that a member performs "Qualified Military Service" consisting of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L.103-353), after separation from employment as a Police Officer with the city to perform training or service, shall be added to his years of credited service for all purposes, including vesting, provided that: (1) The member is entitled to reemployment under the provisions of USERRA. (2) The member returns to his employment as a Police Officer within one year from the earlier of the date of his military discharge or his release from active service, unless otherwise required by USERRA. (3) The maximum credit for military service pursuant to this paragraph shall be five (5) years. (4) This paragraph is intended to satisfy the minimum requirements of USERRA. To the extent that this paragraph does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. In the event a member dies on or after January 1, 2007, while performing USERRA Qualified Military Service, the beneficiaries of the member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the member had resumed employment and then died while employed. Beginning January 1, 2009, to the extent required by section 414(u)(12) of the code, an individual receiving differential wage payments (as defined under section 3401(h)(2) of the code) from an employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on annual additions under section 415(c) of the code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner. Effective date means the date on which this ordinance becomes effective. Fund means the trust fund established herein as part of the system. IRC means the Internal Revenue Code of 1986, as amended from time to time. Member means an actively employed Police Officer who fulfills the prescribed membership requirements. Benefit improvements which, in the past, have been provided for by amendments to the system adopted by city ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to members who terminate employment or who retire prior to the effective date of any ordinance adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Plan year means the twelve (12) month period beginning October 1 and ending September 30 of the following year. Police Officer means an actively employed full-time person, employed by the City, including his initial probationary employment period, who is certified as a Police Officer as a condition of employment in accordance with the provisions of§943.1395, Florida Statutes, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the Ordinance No. 58-13-36 Page 4 of 48 AGENDA ITEM#7C JUNE 10,2013 prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of the State of Florida. Retiree means a member who has entered retirement status. Retirement means a member's separation from city employment with eligibility for immediate receipt of benefits under the system or entry into the deferred retirement option plan. Salary means the total compensation for services rendered to the city as a Police Officer reportable on the member's W-2 form plus all tax deferred, tax sheltered, or tax exempt items of income derived from elective employee payroll deductions or salary reductions. Compensation shall include base salary or wages, longevity pay, overtime pay, cost of living payments, salary or wages while absent from work on account of vacation, holiday, or illness, and will also include incentive pay as defined in Chapter 943.22, Florida Statutes. Compensation shall not include redemptions or payments in consideration of unused vacation time or sick leave, the value of any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses, or payments for extra duty or a special detail work performed on behalf of a second party employer or any other item not specifically included. For service earned after February 26, 2013, (the "effective date"), Salary shall not include more than three hundred (300) hours of overtime per calendar year. Provided however, in any event, payments for overtime in excess of three hundred (300) hours per year accrued as of the effective date and attributable to service earned prior to the effective date, may still be included in Salary for pension purposes even if the payment is not actually made until on or after the effective date. Compensation in excess of the limitations set forth in Section 401(a)(17) of the IRC as of the first day of the plan year shall be disregarded for any purpose, including employee contributions or any benefit calculations. The annual compensation of each member taken into account in determining benefits or employee contributions for any plan year beginning on or after January 1, 2002, may not exceed $200,000, as adjusted for cost-of-living increases in accordance with IRC Section 401(a)(17)(B). Compensation means compensation during the fiscal year. The cost-of-living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. If the determination period consists of fewer than 12 months, the annual compensation limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and the denominator of which is 12. If the compensation for any prior determination period is taken into account in determining a member's contributions or benefits for the current plan year, the compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that prior period. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a member before the first plan year beginning after December 31, 1995. Spouse means the lawful wife or husband of a member or retiree at the time benefits become payable. System means the City of Atlantic Beach Police Officers' Retirement System as contained herein and all amendments thereto. (b) Masculine gender. The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine and masculine genders. Sec. 2-301. Membership. Ordinance No. 58-13-36 Page 5 of 48 AGENDA ITEM#7C JUNE 10,2013 Conditions of eligibility. All police officers as of the effective date, and all future new police officers, shall become members of this system as a condition of employment. Notwithstanding the previous sentence, the Police Chief may, within sixty (60) days of appointment as Police Chief, notify the board and the City, in writing, of his election to not be a member of the system. In the event of any such election, he shall be barred from future membership in the system and any vested accrued benefit shall be retained and paid when otherwise payable herein, or contributions made after employment and prior to opting out shall be refunded. Thereafter, contributions to the plan in accordance with §2-304 shall not be required, he shall not be eligible to be elected as a member trustee on the board or vote for a member trustee and shall not be eligible for any other benefits from the plan. Sec. 2-302. Board of trustees. (a) The sole and exclusive administration of and responsibility for the proper operation of the system and for making effective the provisions of this ordinance is hereby vested in a board of trustees. The board is hereby designated as the plan administrator. The board shall consist of five (5) trustees, two (2) of whom, unless otherwise prohibited by law, shall be legal residents of the city, who shall be appointed by the Atlantic Beach City Commission, and two (2) of whom shall be members of the system, who shall be elected by a majority of the Police Officers who are members of the system. The fifth trustee shall be chosen by a majority of the previous four (4) trustees as provided for herein, and such person's name shall be submitted to the Atlantic Beach City Commission. Upon receipt of the fifth person's name, the Atlantic Beach City Commission shall, as a ministerial duty, appoint such person to the board as its fifth trustee. The fifth trustee shall have the same rights as each of the other four (4) trustees appointed or elected as herein provided and shall serve a four (4) year term unless he sooner vacates the office. Each resident trustee shall serve as trustee for a period of four (4) years, unless he sooner vacates the office or is sooner replaced by the Atlantic Beach City Commission at whose pleasure he shall serve. Each member trustee shall serve as trustee for a period of four (4)years, unless he sooner leaves the employment of the city as a Police Officer or otherwise vacates his office as trustee, whereupon a successor shall be chosen in the same manner as the departing trustee. Each trustee may succeed himself in office. DROP participants can be elected as but not vote for elected trustees. The board shall establish and administer the nominating and election procedures for each election. The board shall meet at least quarterly each year. The board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. (b) The trustees shall, by a majority vote, elect a chairman, vice-chairman and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, or hearings of the board. The trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. (c) Each trustee shall be entitled to one (1) vote on the board. Three (3) affirmative votes shall be necessary for any decision by the trustees at any meeting of the board. A trustee shall abstain from voting as the result of a conflict of interest and shall comply with the provisions of F.S. §112.3143. (d) The board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the system. The compensation of all persons engaged by the board and all other expenses of the board necessary for the operation of the system shall be paid from the fund at such rates and in such amounts as the board shall agree. In the event the board chooses to use the city's legal counsel, actuary or other professional, technical or other advisors, it shall do so only under terms and conditions acceptable to the board. Ordinance No. 58-13-36 Page 6 of 48 AGENDA ITEM#7C JUNE 10,2013 (e) The duties and responsibilities of the board shall include, but not necessarily be limited to, the following: (1) To construe the provisions of the system and determine all questions arising thereunder. (2) To determine all questions relating to eligibility and membership. (3) To determine and certify the amount of all retirement allowances or other benefits hereunder. (4) To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the system. (5) To distribute to members, at regular intervals, information concerning the system. (6) To receive and process all applications for benefits. (7) To authorize all payments whatsoever from the fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the system and fund. (8) To have performed actuarial studies and valuations, at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the system. (9) To perform such other duties as are required to prudently administer the system. Sec. 2-303. Finances and fund management. Establishment and operation of fund. (a) As part of the system, there is hereby established the fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the system, including the assets of the prior Police Officers' Retirement System. (b) The actual custody and supervision of the fund (and assets thereof) shall be vested in the board. Payment of benefits and disbursements from the fund shall be made by the disbursing agent but only upon written authorization from the board. (c) All funds of the Police Officers' Retirement System may be deposited by the board with the Finance Director of the city, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safekeeping of funds for the city. However, any funds so deposited with the Finance Director of the city shall be kept in a separate fund by the Finance Director or clearly identified as such funds of the Police Officers' Retirement System. In lieu thereof, the board shall deposit the funds of the Police Officers' Retirement System in a qualified public depository as defined in F.S. § 280.02, which depository with regard to such funds shall conform to and be bound by all of the provisions of F.S. ch. 280. In order to fulfill its investment responsibilities as set forth herein, the board may retain the services of a custodian bank, an investment advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the board, in the investment of all fund assets. Ordinance No. 58-13-36 Page 7 of 48 AGENDA ITEM#7C JUNE 10,2013 (d) All funds and securities of the system may be commingled in the fund, provided that accurate records are maintained at all times reflecting the financial composition of the fund, including accurate current accounts and entries as regards the following: (1) Current amounts of accumulated contributions of members on both an individual and aggregate account basis, and (2) Receipts and disbursements, and (3) Benefit payments, and (4) Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to contributions and deposits from the city, and (5) All interest, dividends and gains (or losses)whatsoever, and (6) Such other entries as may be properly required so as to reflect a clear and complete financial report of the fund. (e) An audit shall be performed annually by a certified public accountant for the most recent fiscal year of the system showing a detailed listing of assets and a statement of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a complete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. (f) The board shall have the following investment powers and authority: (1) The board shall be vested with full legal title to said fund, subject, however, and in any event to the authority and power of the Atlantic Beach City Commission to amend or terminate this fund, provided that no amendment or fund termination shall ever result in the use of any assets of this fund except for the payment of regular expenses and benefits under this system, except as otherwise provided herein. All contributions from time to time paid into the fund, and the income thereof, without distinction between principal and income, shall be held and administered by the board or its agent in the fund and the board shall not be required to segregate or invest separately any portion of the fund. (2) All monies paid into or held in the fund shall be invested and reinvested by the board and the investment of all or any part of such funds shall be subject to the following: (1) Notwithstanding any limitation provided for in Chapter 185, Florida Statutes to the contrary (unless such limitation may not be amended by local ordinance) or any limitation in prior city ordinances to the contrary, all monies paid into or held in the fund may be invested and reinvested in such securities, investment vehicles or property wherever situated and of whatever kind, as shall be approved by the board, including but not limited to common or preferred stocks, bonds, and other evidences of indebtedness or ownership. In no event, however, shall more than twenty- five percent of the assets of the fund at market value be invested in foreign securities. (2) The board shall develop and adopt a written investment policy statement setting forth permissible types of investments, goals and objectives of investments and setting quality and quantity limitations on investments in Ordinance No. 58-13-36 Page 8 of 48 AGENDA ITEM#7C JUNE 10,2013 accordance with the recommendations of its investment consultants. The investment policy statement shall be reviewed by the board at least annually. (3) In addition, the board may, upon recommendation by the board's investment consultant, make investments in group trusts meeting the requirements of Internal Revenue Service Revenue Ruling 81-100 and Revenue Ruling 2011-1 or successor rulings or guidance of similar import, and operated or maintained exclusively for the commingling and collective investment of monies, provided that the funds in the group trust consist exclusively of trust assets held under plans qualified under section 401(a) of the code, individual retirement accounts that are exempt under section 408(e) of the code, eligible governmental plans that meet the requirements of section 457(b) of the code, and governmental plans under 401(a)(24) of the code. For this purpose, a trust includes a custodial account that is treated as a trust under section 401(f) or under section 457(g)(3) of the code. While any portion of the assets of the fund are invested in such a group trust, such group trust is itself adopted as a part of the system or plan. (3) At least once every three (3) years, and more often as determined by the board, the board shall retain a professionally qualified independent consultant, as defined in F.S. §185.06, to evaluate the performance of all current investment managers and make recommendations regarding the retention of all such investment managers. These recommendations shall be considered by the board at its next regularly scheduled meeting. (4) The board may retain in cash and keep unproductive of income such amount of the fund as it may deem advisable, having regard for the cash requirements of the system. (5) Neither the board nor any trustee shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the fund, except that due to his or its own negligence, willful misconduct or lack of good faith. (6) The board may cause any investment in securities held by it to be registered in or transferred into its name as trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the fund. (7) The board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitalizations, consolidations, and similar transac- tions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective or like committee with the trustees or with depositories designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the fund which it may deem to be to the best interest of the fund to exercise. Ordinance No. 58-13-36 Page 9 of 48 AGENDA ITEM#7C JUNE 10,2013 (8) The board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. (9) Where any action which the board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as trustee under this ordinance, can reasonably be taken or performed only after receipt by it from a member, the city, or any other entity, of specific information, certification, direction or instructions, the board shall be free of liability in failing to take such action or perform such duty or function until such information, certification, direction or instruction has been received by it. (10) Any overpayments or underpayments from the fund to a member, retiree or beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the board in such a manner that the actuarial equivalent of the benefit to which the member, retiree or beneficiary was correctly entitled, shall be paid. Overpayments shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpaym- ents shall be made up from the fund in a prudent manner. Overpayments to a deceased retiree, beneficiary or joint annuitant of less than one monthly payment resulting from the death of the retiree, beneficiary or joint annuitant shall not be recouped. (11) The board shall sustain no liability whatsoever for the sufficiency of the fund to meet the payments and benefits provided for herein. (12) In any application to or proceeding or action in the courts, only the board shall be a necessary party, and no member or other person having an interest in the fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. (13) Any of the foregoing powers and functions reposed in the board may be performed or carried out by the board through duly authorized agents, provided that the board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said fund shall always remain in the board. Sec. 2-304. Contributions. (a) Member contributions. (1) Amount. Each member of the system shall be required to make regular contributions to the fund in the amount of six percent (6.0%) of his salary beginning with the first full pay period following the effective date of the ordinance amending this subsection, seven percent (7.0%) of his salary effective October 1, 2013, and eight percent (8.0%) of his salary effective October 1, 2014. Member contributions withheld by the city on behalf of the member shall be deposited with the board immediately after each pay period. The contributions made by each member to the fund shall be designated as employer contributions pursuant to §414(h) of the IRC. Such designation is contingent upon the contributions being excluded from the members' gross income for Federal Income Tax purposes. For all other purposes of the system, such contributions shall be considered to be member contributions. (2) Method. Such contributions shall be made by payroll deduction. Ordinance No. 58-13-36 Page 10 of 48 AGENDA ITEM#7C JUNE 10,2013 (b) State contributions. Any monies received or receivable by reason of laws of the State of Florida, for the express purpose of funding and paying for retirement benefits for Police Officers of the city shall be deposited in the fund comprising part of this system immediately and under no circumstances more than five (5) days after receipt by the city. (c) City contributions. So long as this system is in effect, the city shall make at least quarterly contributions to the fund in an amount equal to the required city contribution as shown by the applicable actuarial valuation of the system. (d) Other. Private donations, gifts and contributions may be deposited to the fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. funds arising from these sources may be used only for additional benefits for members, as determined by the board, and may not be used to reduce what would have otherwise been required city contributions. Sec. 2-305. Benefit amounts and eligibility. (a) Normal retirement date. For members hired before January 1, 2013, a member's normal retirement date shall be the first day of the month coincident with, or next following the earlier of the attainment of age fifty (50) and the completion of twenty (20) years of credited service, the attainment of age fifty-five (55) and the completion of ten (10) years of credited service, the completion of twenty-five (25) years of credited service regardless of age, or the attainment of age sixty (60) and the completion of five (5) years of credited service. For members hired on or after January 1, 2013, a member's normal retirement date shall be the first day of the month coincident with, or next following the earlier of the attainment of age fifty-five (55) and the completion of ten (10) years of credited service, or the attainment of age fifty-two (52) and the completion of twenty-five (25) years of credited service. A member may retire on his normal retirement date or on the first day of any month thereafter, and each member shall become one hundred (100) percent vested in his accrued benefit on the member's normal retirement date. Normal retirement under the system is retirement from employment with the city on or after the normal retirement date. (b) Normal retirement benefit. A member retiring hereunder on or after his normal retirement date shall receive a monthly benefit which shall commence on the first day of the month coincident with or next following his retirement and be continued thereafter during member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. For members hired before January 1, 2013, the monthly retirement benefit shall equal three percent (3.0%) of average final compensation for each year of credited service. For members hired on or after January 1, 2013, the monthly retirement benefit shall equal two percent (2.0%) of average final compensation for each year of credited service. (c) Early retirement date. A member may retire on his early retirement date which shall be the first day of any month coincident with or next following the attainment of age fifty (50) and the completion of ten (10) years of credited service. Early retirement under the system is retirement from employment with the city on or after the early retirement date and prior to the normal retirement date. (d) Early retirement benefit. A member retiring hereunder on his early retirement date may receive either a deferred or an immediate monthly retirement benefit payable in the same form as for normal retirement as follows: (1) A deferred monthly retirement benefit which shall commence on what would have been his normal retirement date, determined based upon his actual years of credited service and shall be continued on the first day of each month thereafter. Ordinance No. 58-13-36 Page 11 of 48 AGENDA ITEM#7C JUNE 10,2013 The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on his normal retirement date, determined based upon his actual years of credited service, except that credited service and average final compensation shall be determined as of his early retirement date; or (2) An immediate monthly retirement benefit which shall commence on his early retirement date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in paragraph (1) above, reduced by three percent (3%) for each year by which the commencement of benefits precedes the date which would have been the member's normal retirement date determined based upon his actual years of credited service. (e) Required distribution date. The member's benefit under this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half(701/2) or the calendar year in which the member terminates employment with the city. Sec. 2-306. Pre-retirement death. (a) Prior to eligibility for retirement. The beneficiary of a deceased member who was not receiving monthly benefits or who was not yet vested as provided for in section 2-308 or eligible for early or normal retirement shall receive a refund of one-hundred percent (100%) of the member's accumulated contributions. (b) Deceased members vested or eligible for retirement. In the event a vested member dies prior to retirement, a pre-retirement death benefit shall be paid as follows: (1) Deceased Members with a Designated Beneficiary who is not a Surviving Spouse or Child. This subsection applies only when the member's spouse and/or children is/are not the beneficiary or beneficiaries, in which case subsection (2) below applies, but there is a surviving designated beneficiary. The designated beneficiary shall be entitled to a benefit as follows: a. A pension benefit computed according to section 2-305(b)and calculated as if the member had selected the100% joint and survivor option computed in accordance with section 2-309(a)(2), and had retired the day preceding his death, notwithstanding that the member may not have satisfied the conditions for retirement. b. A beneficiary may not elect an optional form of benefit, however the board may elect to make a lump sum payment pursuant to section 2-309, subsection(g). c. If a surviving beneficiary commences receiving a benefit under paragraph (1) above, but dies before all payments are made, unless otherwise provided for herein, the actuarial value of the remaining benefit will be paid to the surviving beneficiary's estate by December 31 of the calendar year of the beneficiary's death in a lump sum. d. The Uniform Lifetime Table in Treasury Regulations § 1.401(a)(9)-9 shall determine the payment period for the calendar year benefits commence, if necessary to satisfy the regulations. (2) Deceased Members with Surviving Spouse and/or Children. This subsection (2) applies only when the member's spouse and/or child(ren) are the designated beneficiary or beneficiaries or the deceased member failed to designate a beneficiary, and leaves a surviving spouse and/or child(ren). Under these Ordinance No. 58-13-36 Page 12 of 48 AGENDA ITEM#7C JUNE 10,2013 circumstances, the surviving spouse and/or child(ren) shall be entitled to a benefit as follows: a. If the deceased member was not vested in accordance with section 2-308 at the time of his death, his surviving spouse or his child or children (equally), if he leaves no surviving spouse, shall receive a benefit equal to the benefit provided for in (a) above. b. If the deceased member was vested in accordance with section 2-308 at the time of his death, his surviving spouse and/or child(ren) shall receive a benefit as follows: 1. The surviving spouse shall be paid a pension equal to the greater of the benefit provided for in(a) above or seventy-five (75) percent of the amount of the life only pension option computed in accordance with section 2-309(a)(1), based on the deceased member's final average compensation and credited service at the time of death. A surviving spouse's pension shall terminate upon death. The surviving spouse of any deceased member shall not lose the survivor retirement benefits if the spouse remarries. 2. The deceased member's unmarried children under the age of nineteen (19) years, or twenty-three (23) years if enrolled full-time as a student in an educational institution, shall each be paid an equal share of a percentage of the retiree's life only pension benefit computed in accordance with section 2-309(a)(1), based on the deceased member's final average compensation and credited service at the time of death. The percent shall be zero (0) percent during periods that a pension is being paid to the surviving spouse in accordance with the provisions of paragraph 1. and fifty (50) percent during periods a pension is not being paid to the surviving spouse. A surviving child's pension shall terminate upon attainment of age nineteen(19) years or, if over nineteen(19) years but less than twenty-three (23) years, when no longer being enrolled as a full-time student in an educational institution, or upon marriage or death, and the pension of each remaining eligible child shall be recomputed. c. Notwithstanding anything contained in this section to the contrary, in any event, distributions to the spouse beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date selected pursuant to the above provisions in this section that must be on or before December 31 of the calendar year in which the member would have attained 70'/2. (3) Failure to Designate a Beneficiary, No Surviving Beneficiary and No Surviving Spouse or Children. If a deceased vested member or retiree failed to name a beneficiary in the manner prescribed in Section 2-310, or if the beneficiary (or beneficiaries) named by a deceased member or retiree predeceases the member or retiree and the member or retiree leaves no surviving spouse and/or child(ren), the death benefit which shall be payable as a lump sum to the estate of member or retiree shall be the actuarial equivalent of the member's accrued benefit as of the date of death and the the member's entire interest must be distributed to the estate Ordinance No. 58-13-36 Page 13 of 48 AGENDA ITEM#7C JUNE 10,2013 by December 31 of the calendar year containing the fifth anniversary of the member's death. Sec. 2-307. Disability. (a) Disability benefits in-line of duty. Any member who shall become totally and per- manently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer, which disability was directly caused by the performance of his duty as a Police Officer, shall, upon establishing the same to the satisfaction of the board, be entitled to a monthly pension equal to three percent (3.0%) of his average final compensation multiplied by the total years of credited service for members hired before January 1, 2013, and two percent (2.0%) of his average final compensation multiplied by the total years of credited service for members hired on or after January 1, 2013, but in any event the minimum amount paid to the member shall be forty-two percent (42%) of the average final compensation of the member. Terminated persons, either vested or non-vested, are not eligible for disability benefits, except that those terminated by the city for medical reasons may apply for a disability within thirty (30) days after termination. (b) In-line of duty presumptions. (1) Presumption. Any condition or impairment of health of a member caused by hypertension or heart disease shall be presumed to have been suffered in line of duty unless the contrary is shown by competent evidence, provided that such member shall have successfully passed a physical examination upon entering into such service, including cardiogram, which examination failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benefits payable or granted in a policy of life insurance or disability insurance. (2) Additional presumption. The presumption provided for in this paragraph (2) shall apply only to those conditions described in this paragraph (2) that are diagnosed on or after January 1, 1996. a. Definitions. As used in this subsection (b)(2), the following definitions apply: 1. "Body fluids" means blood and body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of blood-borne pathogens, as established by the Centers for Disease Control, apply. For purposes of potential transmission of meningococcal meningitis or tuberculosis, the term "body fluids" includes respiratory, salivary, and sinus fluids, including droplets, sputum, and saliva, mucous, and other fluids through which infectious airborne organisms can be transmitted between persons. 2. "Emergency rescue or public safety member" means any member employed full time by the city as a firefighter, paramedic, emergency medical technician, law enforcement officer, or correctional officer who, in the course of employment, runs a high risk of occupational exposure to hepatitis, meningococcal meningitis, or tuberculosis and who is not employed elsewhere in a similar capacity. However, the term "emergency rescue or public safety member" does not include any person employed by a public Ordinance No. 58-13-36 Page 14 of 48 AGENDA ITEM#7C JUNE 10,2013 hospital licensed under F.S. ch. 395, or any person employed by a subsidiary thereof. 3. "Hepatitis" means hepatitis A, hepatitis B, hepatitis non-A, hepatitis non-B, hepatitis C, or any other strain of hepatitis generally recognized by the medical community. 4. "High risk of occupational exposure" means that risk that is incurred because a person subject to the provisions of this subsection, in performing the basic duties associated with his employment: i. Provides emergency medical treatment in a non-health-care setting where there is a potential for transfer of body fluids between persons; ii. At the site of an accident, fire, or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or out of containers or works with or otherwise handles needles or other sharp instruments exposed to body fluids; iii. Engages in the pursuit, apprehension, and arrest of law violators or suspected law violators and, in performing such duties, may be exposed to body fluids; or iv. Is responsible for the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, while on work detail outside the facility, or while being transported and, in performing such duties, may be exposed to body fluids. 5. "Occupational exposure," in the case of hepatitis, meningococcal meningitis, or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection. b. Presumption. Any emergency rescue or public safety member who suffers a condition or impairment of health that is caused by hepatitis, meningo- coccal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the member must, by written affidavit as provided in F.S. §92.50, verify by written declaration that, to the best of his knowledge and belief: 1. In the case of a medical condition caused by or derived from hepatitis, he has not: i. Been exposed, through transfer of bodily fluids, to any person known to have sickness or medical conditions derived from hepatitis, outside the scope of his employment; ii. Had a transfusion of blood or blood components, other than a transfusion arising out of an accident or injury happening Ordinance No. 58-13-36 Page 15 of 48 AGENDA ITEM#7C JUNE 10,2013 in connection with his present employment, or received any blood products for the treatment of a coagulation disorder since last undergoing medical tests for hepatitis, which tests failed to indicate the presence of hepatitis; iii. Engaged in unsafe sexual practices or other high-risk behavior, as identified by the Centers for Disease Control or the Surgeon General of the United States or had sexual relations with a person known to him to have engaged in such unsafe sexual practices or other high-risk behavior; or iv. Used intravenous drugs not prescribed by a physician. 2. In the case of meningococcal meningitis, in the ten (10) days immediately preceding diagnosis he was not exposed, outside the scope of his employment, to any person known to have menin- gococcal meningitis or known to be an asymptomatic carrier of the disease. 3. In the case of tuberculosis, in the period of time since the member's last negative tuberculosis skin test, he has not been exposed, outside the scope of his employment, to any person known by him to have tuberculosis. c. Immunization. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a presumption is granted under this section, if medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the U.S. Public Health Service, an emergency rescue or public safety member may be required by the city to undergo the immunization or prophylaxis unless the member's physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the member's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety member to undergo such immunization or prophylaxis disqualifies the member from the benefits of the presumption. d. Record of exposures. The city shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety member in its employ to the disease described in this section and shall immediately notify the member of such exposure. An emergency rescue or public safety member shall file an incident or accident report with the city of each instance of known or suspected occupational exposure to hepatitis infection,meningococcal meningitis, or tuberculosis. e. Required medical tests;preemployment physical. In order to be entitled to the presumption provided by this section: 1. An emergency rescue or public safety member must, prior to diagnosis, have undergone standard, medically acceptable tests for evidence of the communicable disease for which the presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate the presence of infection. This paragraph does not apply in the case of meningococcal meningitis. Ordinance No. 58-13-36 Page 16 of 48 AGENDA ITEM#7C JUNE 10,2013 2. On or after June 15, 1995, an emergency rescue or public safety member may be required to undergo a preemployment physical examination that tests for and fails to reveal any evidence of hepatitis or tuberculosis. (c) Disability benefits not-in-line of duly. Any member with eight and one third (8 1/3) years or more credited service who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer, which disability is not directly caused by the performance of his duties as a Police Officer shall, upon establishing the same to the satisfaction of the board, be entitled to a monthly pension equal to three percent (3.0%) of his average final compensation multiplied by the total years of credited service for members hired before January 1, 2013, and two percent (2.0%) of his average final compensation multiplied by the total years of credited service for members hired on or after January 1, 2013, but in any event, the minimum amount paid to the member shall be twenty-five percent (25%) of the average final compensation of the member. Terminated persons, either vested or non-vested, are not eligible for disability benefits, except that those terminated by the city for medical reasons may apply for a disability within thirty (30) days after termination. (d) Conditions disqualifying disability benefits. Each member who is claiming disability benefits shall establish, to the satisfaction of the board, that such disability was not occasioned primarily by: (1) Excessive or habitual use of any drugs, intoxicants or narcotics. (2) Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections or while committing a crime. (3) Injury or disease sustained while serving in any branch of the Armed Forces. (4) Injury or disease sustained by the member after his employment as a Police Officer with the city of Atlantic Beach shall have terminated. (5) Injury or disease sustained by the member while working for anyone other than the city and arising out of such employment. (e) Physical examination requirement. A member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the board for that purpose. The board shall not select the member's treating physician or surgeon for this purpose except in an unusual case where the board determines that it would be reasonable and prudent to do so. Any retiree receiving disability benefits under provisions of this ordinance may be required by the board to submit sworn statements of his condition accompanied by a physician's statement (provided at the retiree's expense) to the board annually and may be required by the board to undergo additional periodic re-examinations by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the board, to determine if such disability has ceased to exist. If the board finds that the retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Police Officer, the board shall recommend to the city that the retiree be returned to performance of duty as a Police Officer, and the retiree so returned shall enjoy the same rights that he had at the time he was placed upon pension. In the event the retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the member claiming or the retiree receiving disability benefits shall be borne by the fund. All other Ordinance No. 58-13-36 Page 17 of 48 AGENDA ITEM#7C JUNE 10,2013 reasonable costs as determined by the board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the fund. If the retiree recovers from disability and reenters the service of the city as a Police Officer, his service will be deemed to have been continuous, but the period beginning with the first month for which he received a disability retirement income payment and ending with the date he reentered the service of the city will not be considered as credited service for the purposes of the system. The board shall have the power and authority to make the final decisions regarding all disability claims. (f) Disability payments. The monthly benefit to which a member is entitled in the event of the member's disability retirement shall be payable on the first day of the first month after the board determines such entitlement. However, the monthly retirement income shall be payable retroactively to the date of application or the last day on payroll, whichever is later, and any retroactive benefit amount shall be paid together with the first payment. The last payment will be: (1) If the retiree recovers from the disability, the payment paid preceding the date of such recovery, or (2) If the retiree dies without recovering from disability, the payment paid preceding his death or the 120th monthly payment, whichever is later. Provided, however, the disability retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as described in section 2- 309, subsection (a)(1) or (a)(2), which shall be the actuarial equivalent of the normal form of benefit. Sec. 2-308. Vesting. If a member terminates his employment as a Police Officer, either voluntarily or by discharge, and is not eligible for any other benefits under this system, the member shall be entitled to the following: (1) For members hired before January 1, 2013, if the member has less than five (5) years credited service upon termination, or for members hired on or after January 1, 2013, if the member has less than ten (10) years of credited service upon termination, the member shall be entitled to a refund of his accumulated contributions or the member may leave it deposited with the fund. (2) For members hired before January 1, 2013, if the member has five (5) or more years of credited service upon termination, or for members hired on or after January 1, 2013, if the member has ten (10) or more years of credited service upon termination, the member shall be entitled to a monthly retirement benefit, determined in the same manner as for normal or early retirement and based upon the member's credited service, average final compensation and the benefit accrual rate as of the date of termination, payable to him commencing at the member's otherwise normal or early retirement date, determined based upon his actual years of credited service, provided he does not elect to withdraw his accumulated contributions and provided the member survives to his otherwise normal or early retirement date. If the member does not withdraw his accumulated contributions and does not survive to his otherwise normal or early retirement date, his designated beneficiary shall be entitled to a benefit as provided herein for a Ordinance No. 58-13-36 Page 18 of 48 AGENDA ITEM#7C JUNE 10,2013 deceased member, vested or eligible for retirement under pre-retirement death. The member may, in lieu of the benefit provided for above in this subsection (2), elect to receive a refund of his accumulated contributions. Sec. 2-309. Optional forms of benefits. (a) In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified herein, a member, upon written request to the board, may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options: (1) A retirement income of a monthly amount payable to the retiree for his lifetime only. (2) A retirement income of a modified monthly amount, payable to the retiree during the lifetime of the retiree and following the death of the retiree, one hundred(100) percent, seventy-five (75) percent, sixty-six and two-thirds (66-2/3) percent or fifty (50) percent of such monthly amount payable to a joint pensioner for his lifetime. Except where the retiree's joint pensioner is his spouse, the payments to the joint pensioner as a percentage of the payments to the retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury regulations. (See Q&A-2 of 1.401(a)(9)-6) (3) A retirement income of a modified monthly amount, payable to the retiree during the lifetime of the retiree and following the death of the retiree, one hundred (100) percent, seventy-five (75) percent, sixty-six and two-thirds (66-2/3) percent or fifty (50) percent of such monthly amount payable to a joint pensioner for his lifetime. However, in the event the person designated by the retiree predeceases the retiree, the monthly benefit shall increase to the amount payable under the standard normal form of payment for the remaining lifetime of the retiree. Except where the retiree's joint pensioner is his spouse, the payments to the joint pensioner as a percentage of the payments to the retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury regulations. (See Q&A-2 of 1.401(a)(9)-6) (4) If a member retires prior to the time at which social security benefits are payable, he may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the entire period of retirement. The amounts payable shall be as recommended by the actuaries for the system, based upon the social security law in effect at the time of the member's retirement. (5) For members who do not participate in the DROP pursuant to Section 2-310.18, the member may elect a percentage of benefit in a lump sum as follows: a. Ten percent (10%) of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining ninety percent (90%) paid under the normal form or as per(1), (2), (3) or (4) above. b. Fifteen percent (15%) of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining eighty-five percent (85%) paid under the normal form or as per(1), (2), (3) or(4) above. Ordinance No. 58-13-36 Page 19 of 48 AGENDA ITEM#7C JUNE 10,2013 c. Twenty percent (20%) of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining eighty percent (80%) paid under the normal form or as per(1), (2), (3) or(4) above. d. Twenty-five percent (25%) of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining seventy-five percent (75%) paid under the normal form or as per (1), (2), (3) or(4) above. (b) The member, upon electing any option of this section, will designate the joint pensioner (subsection (a)(2) or (a)(3) above) or beneficiary (or beneficiaries) to receive the benefit, if any, payable under the system in the event of member's death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one or more primary beneficiaries where applicable. A member may change his beneficiary at any time. If a member has elected an option with a joint pensioner and member's retirement income benefits have commenced, member may thereafter change his designated beneficiary at any time, but may only change his joint pensioner twice. Subject to the restriction in the previous sentence, a member may substitute a new joint pensioner for a deceased joint pensioner. In the absence of proof of good health of the joint pensioner being replaced, the actuary will assume that the joint pensioner has deceased for purposes of calculating the new payment. (c) The consent of a member's or retiree's joint pensioner or beneficiary to any such change shall not be required. The rights of all previously-designated beneficiaries to receive benefits under the system shall thereupon cease. (d) Upon change of a retiree's joint pensioner in accordance with this section, the amount of the retirement income payable to the retiree shall be actuarially redetermined to take into account the age of the former joint pensioner, the new joint pensioner and the retiree and to ensure that the benefit paid is the actuarial equivalent of the present value of the retiree's then- current benefit at the time of the change. Any such retiree shall pay the actuarial recalculation expenses. Each request for a change will be made in writing on a form prepared by the board and on completion will be filed with the board. In the event that no designated beneficiary survives the retiree, such benefits as are payable in the event of the death of the retiree subsequent to his retirement shall be paid as provided in section 2-310. (e) Retirement income payments shall be made under the option elected in accordance with the provisions of this section and shall be subject to the following limitations: (1) If a member dies prior to his normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under section 2-306. (2) If the designated beneficiary (or beneficiaries) or joint pensioner dies before the member's retirement under the system, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the member upon his retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this section or a new beneficiary is designated by the member prior to his retirement. (3) If both the retiree and the beneficiary (or beneficiaries) designated by member or retiree die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provisions of subsection (a), the board may, in its discretion, direct that the Ordinance No. 58-13-36 Page 20 of 48 AGENDA ITEM#7C JUNE 10,2013 commuted value of the remaining payments be paid in a lump sum and in accordance with section 2-310. (4) If a member continues beyond his normal retirement date pursuant to the provisions of section 2-305, subsection (a), and dies prior to his actual retirement and while an option made pursuant to the provisions of this section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a beneficiary (or beneficiaries) designated by the member in the amount or amounts computed as if the member had retired under the option on the date on which his death occurred. (5) The member's benefit under this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half(70'/2) or the calendar year in which the member terminates employment with the City. (f) A retiree may not change his retirement option after the date of cashing or depositing his first retirement check. (g) Notwithstanding anything herein to the contrary, the board in its discretion, may elect to make a lump sum payment to a member or a member's beneficiary in the event that the total commuted value of the monthly income payments to be paid do not exceed one thousand dollars ($1,000.00). Any such payment made to any person pursuant to the power and discretion conferred upon the board by the preceding sentence shall operate as a complete discharge of all obligations under the system with regard to such member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. Sec. 2-310. Beneficiaries. (a) Each member or retiree may, on a form provided for that purpose, signed and filed with the board, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of his death. Each designation may be revoked or changed by such member or retiree by signing and filing with the board a new designation-of-beneficiary form. Upon such change, the rights of all previously designated beneficiaries to receive any benefits under the system shall cease. (b) If a deceased member or retiree failed to name a beneficiary in the manner prescribed in subsection (a), or if the beneficiary (or beneficiaries) named by a deceased member or retiree predeceases the member or retiree, the death benefit, if any, which may be payable under the system with respect to such deceased member or retiree, shall be paid to the estate of the member or retiree and the board, in its discretion, may direct that the commuted value of the remaining monthly income benefits be paid in a lump sum. (c) Any payment made to any person pursuant to this section shall operate as a complete discharge of all obligations under the system with regard to the deceased member and any other persons with rights under the system and shall not be subject to review by anyone but shall be final, binding and conclusive on all persons ever interested hereunder. Sec. 2-310.1. Claims procedures. (a) The board shall establish administrative claims procedures to be utilized in processing written requests ("claims"), on matters which affect the substantial rights of any person ("claimant"), including members, retirees, beneficiaries, or any person affected by a decision of the board. Ordinance No. 58-13-36 Page 21 of 48 AGENDA ITEM#7C JUNE 10,2013 (b) The board shall have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and at any proceedings provided for in the board's claims procedures. The claimant may request in writing the issuance of subpoenas by the board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in Florida Statutes. Sec. 2-310.2. Reports to division of retirement. Each year and no later than March 15th, the board shall file an annual report with the Division of Retirement containing the documents and information required by F.S. § 185.221. Sec. 2-310.3. Roster of retirees. The secretary of the board shall keep a record of all persons enjoying a pension under the provisions of this ordinance in which it shall be noted the time when the pension is allowed and when the same shall cease to be paid. Additionally, the secretary shall keep a record of all members in such a manner as to show the name, address, date of employment and date of termination of employment. Sec. 2-310.4. Maximum pension. (a) Basic limitation. Notwithstanding any other provisions of this system to the contrary, the member contributions paid to, and retirement benefits paid from, the system shall be limited to such extent as may be necessary to conform to the requirements of IRC Section 415 for a qualified retirement plan. Before January 1, 1995, a plan member may not receive an annual benefit that exceeds the limits specified in IRC Section 415(b), subject to the applicable adjustments in that section. On and after January 1, 1995, a plan member may not receive an annual benefit that exceeds the dollar amount specified in IRC Section 415(b)(1)(A) ($160,000), subject to the applicable adjustments in IRC Section 415(b) and subject to any additional limits that may be specified in this System. For purposes of this section, "limitation year" shall be the calendar year. (b) Adjustments to basic limitation for form of benefit. (1) For a benefit paid in a form to which section 417(e)(3) of the code does not apply (generally, a monthly benefit), the actuarially equivalent straight life annuity benefit that is the greater of: a. The annual amount of the straight life annuity (if any) payable to the member under the plan commencing at the same annuity starting date as the form of benefit to the member, or b. The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the form of benefit payable to the member, computed using a 5 percent interest assumption (or the applicable statutory interest assumption) and (i) for years prior to January 1, 2009, the applicable mortality tables described in Treasury Regulation Section 1.417(e)-1(d)(2) (Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Rulings 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in section 417(e)(3)(B) of the code (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing section 417(e)(3)(B) of the code); or Ordinance No. 58-13-36 Page 22 of 48 AGENDA ITEM#7C JUNE 10,2013 (2) For a benefit paid in a form to which section 417(e)(3) of the code applies (generally, a lump sum benefit), the actuarially equivalent straight life annuity benefit that is the greatest of: a. The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable, computed using the interest rate and mortality table, or tabular factor, specified in the plan for actuarial experience; b. The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable, computed using a 5.5 percent interest assumption (or the applicable statutory interest assumption) and (i) for years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulation Section 1.417(e)-1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Ruling 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in section 417(e)(3)(B) of the code (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing section 417(e)(3)(B) of the code); or c. The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable (computed using the applicable interest rate for the distribution under Treasury Regulation Section 1.417(e)-1(d)(3) (the 30-year Treasury rate (prior to January 1, 2007, using the rate in effect for the month prior to retirement, and on and after January 1, 2007, using the rate in effect for the first day of the plan year with a one-year stabilization period)) and (i) for years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulation Section 1.417(e)- 1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Ruling 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in section 417(e)(3)(B) of the code (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing section 417(e)(3)(B) of the code), divided by 1.05. (c) Benefits not taken into account. For purposes of this Section, the following benefits shall not be taken into account in applying these limits: (1) Any ancillary benefit which is not directly related to retirement income benefits; (2) Any other benefit not required under §415(b)(2) of the IRC and Regulations thereunder to be taken into account for purposes of the limitation of IRC Section 415(b)(1). (d) COLA effect. Effective on and after January 1, 2003, for purposes of applying the limits under IRC Section 415(b) (the "Limit"), the following will apply: Ordinance No. 58-13-36 Page 23 of 48 AGENDA ITEM#7C JUNE 10,20I3 (1) A member's applicable limit will be applied to the member's annual benefit in the member's first calendar year of benefit payments without regard to any automatic cost of living adjustments; (2) thereafter, in any subsequent calendar year, a member's annual benefit, including any automatic cost of living increases, shall be tested under the then applicable benefit limit including any adjustment to the IRC Section 415(b)(1)(A) dollar limit under IRC Section 415(d), and the regulations thereunder; but (3) in no event shall a member's benefit payable under the system in any calendar year be greater than the limit applicable at the annuity starting date, as increased in subsequent years pursuant to IRC Section 415(d) and the regulations thereunder. Unless otherwise specified in the system, for purposes of applying the limits under IRC Section 415(b), a Member's applicable limit will be applied taking into consideration cost of living increases as required by Section 415(b) of the IRC and applicable Treasury Regulations. (e) Other adjustments in limitations. (1) In the event the member's retirement benefits become payable before age sixty- two (62), the limit prescribed by this section shall be reduced in accordance with regulations issued by the Secretary of the Treasury pursuant to the provisions of IRC Section 415(b) of the IRC, so that such limit(as so reduced) equals an annual straight life benefit (when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000) annual benefit beginning at age sixty-two (62). (2) In the event the member's benefit is based on at least fifteen (15) years of credited service as a full-time employee of the police department of the City, the adjustments provided for in(e)(1) above shall not apply. (3) The reductions provided for in (e)(1) above shall not be applicable to disability benefits pursuant to Sec. 2-307, or pre-retirement death benefits paid pursuant to Sec. 2-306. (4) In the event the member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limit set forth in subsection (a) herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. (f) Less than ten (10) years of participation or service. The maximum retirement benefits payable under this section to any member who has completed less than ten (10) years of credited service with the City shall be the amount determined under subsection (a) of this section multiplied by a fraction, the numerator of which is the number of the member's years of credited service and the denominator of which is ten (10). The reduction provided by this subsection cannot reduce the maximum benefit below 10% of the limit determined without regard to this subsection. The reduction provided for in this subsection shall not be applicable to pre- retirement disability benefits paid pursuant to Sec. 2-307, or pre-retirement death benefits paid pursuant to Sec. 2-3 06. Ordinance No. 58-13-36 Page 24 of 48 AGENDA ITEM#7C JUNE 10,2013 (g) Participation in other defined benefit plans. The limit of this section with respect to any member who at any time has been a member in any other defined benefit plan as defined in IRC Section 414(j) maintained by the City shall apply as if the total benefits payable under all City defined benefit plans in which the member has been a member were payable from one plan. (h) Ten thousand dollar ($10,000) limit; less than ten years of service. Notwithstanding anything in this section 2-310.4, the retirement benefit payable with respect to a member shall be deemed not to exceed the limit set forth in this subsection (h) of section 2- 310.4if the benefits payable, with respect to such member under this system and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable plan year and for any prior plan year and the City has not any time maintained a qualified defined contribution plan in which the member participated; provided, however, that if the member has completed less than ten (10) years of credited service with the City, the limit under this subsection (h) of section 2-310.4 shall be a reduced limit equal to ten thousand dollars ($10,000) multiplied by a fraction, the numerator of which is the number of the member's years of credited service and the denominator of which is ten(10). (i) Reduction of benefits. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the member's benefit under any defined benefit plans in which member participated, such reduction to be made first with respect to the plan in which member most recently accrued benefits and thereafter in such priority as shall be determined by the board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the member participated, such reduction to be made first with respect to the plan in which member most recently accrued benefits and thereafter in such priority as shall be established by the board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the board and the plan administrator of all other plans covering such member. (j) Service credit purchase limits. (1) Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, if a member makes one or more contributions to purchase permissive service credit under the system, as allowed in Sections 2- 310.15 and 2-310.16, then the requirements of this section will be treated as met only if: a. the requirements of IRC Section 415(b) are met, determined by treating the accrued benefit derived from all such contributions as an annual benefit for purposes of IRC Section 415(b), or b. the requirements of IRC Section 415(c) are met, determined by treating all such contributions as annual additions for purposes of IRC Section 415(c). c. For purposes of applying subparagraph (j)(1)a.., the System will not fail to meet the reduced limit under IRC Section 415(b)(2)(C) solely by reason of this subparagraph c., and for purposes of applying subparagraph (j)(1)b. the System will not fail to meet the percentage limitation under Section 415(c)(1)(B) of the IRC solely by reason of this subparagraph c. (2) For purposes of this subsection the term "permissive service credit" means service credit Ordinance No. 58-13-36 Page 25 of 48 AGENDA ITEM#7C JUNE 10,2013 a. recognized by the system for purposes of calculating a member's benefit under the plan, b. which such member has not received under the plan, and c. which such member may receive only by making a voluntary additional contribution, in an amount determined under the system, which does not exceed the amount necessary to fund the benefit attributable to such service credit. Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, such term may, if otherwise provided by the system, include service credit for periods for which there is no performance of service, and, notwithstanding clause (j)(2)b., may include service credited in order to provide an increased benefit for service credit which a member is receiving under the system. (3) For purposes of applying the limits in this subsection (j), only and for no other purpose, the definition of compensation where applicable will be compensation actually paid or made available during a calendar year, except as noted below and as permitted by Treasury Regulations Section 1.415(c)-2, or successor regulations. Unless another definition of compensation that is permitted by Treasury Regulations Section 1.415(c)-2, or successor regulation, is specified by the system, compensation will be defined as wages within the meaning of IRC Section 3401(a) and all other payments of compensation to an employee by an employer for which the employer is required to furnish the employee a written statement under IRC Sections 6041(d), 6051(a)(3) and 6052 and will be determined without regard to any rules under IRC Section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in IRC Section 3401(a)(2). a. However, for calendar years beginning after December 31, 1997, compensation will also include amounts that would otherwise be included in compensation but for an election under IRC Sections 125(a), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b). For calendar years beginning after December 31, 2000, compensation will also include any elective amounts that are not includible in the gross income of the employee by reason of IRC Section 132(f)(4). b. For limitation years beginning on and after January 1, 2007, compensation for the calendar year will also include compensation paid by the later of 2'/2 months after an employee's severance from employment or the end of the calendar year that includes the date of the employee's severance from employment if: 1. the payment is regular compensation for services during the employee's regular working hours, or compensation for services outside the employee's regular working hours (such as overtime or shift differential), commissions, bonuses or other similar payments, and, absent a severance from employment, the payments would Ordinance No. 58-13-36 Page 26 of 48 AGENDA ITEM#7C JUNE 10,2013 have been paid to the employee while the employee continued in employment with the employer; or 2. the payment is for unused accrued bona fide sick, vacation or other leave that the employee would have been able to use if employment had continued. c. Back pay, within the meaning of Treasury Regulations Section 1.415(c)- 2(g)(8), shall be treated as compensation for the limitation year to which the back pay relates to the extent the back pay represents wages and compensation that would otherwise be included under this definition. (4) Notwithstanding any other provision of law to the contrary, the board may modify a request by a member to make a contribution to the system if the amount of the contribution would exceed the limits provided in IRC Section 415 by using the following methods: a. If the law requires a lump sum payment for the purchase of service credit, the board may establish a periodic payment deduction plan for the member to avoid a contribution in excess of the limits under IRC Sections 415(c) or 415(n). b. If payment pursuant to subparagraph (j)(4)a. will not avoid a contribution in excess of the limits imposed by IRC Section 415(c), the board may either reduce the member's contribution to an amount within the limits of that section or refuse the member's contribution. (5) If the annual additions for any member for a plan year exceed the limitation under section 415(c) of the code, the excess annual addition will be corrected as permitted under the Employee Plans Compliance Resolution System (or similar IRS correction program). (6) For limitation years beginning on or after January 1, 2009, a member's compensation for purposes of this subsection (j) shall not exceed the annual limit under section 401(a)(17) of the code. (k) Additional limitation on pension benefits. Notwithstanding anything herein to the contrary: (1) The normal retirement benefit or pension payable to a retiree who becomes a member of the system and who has not previously participated in such system, on or after January 1, 1980, shall not exceed one hundred percent (100%) of his average final compensation. However, nothing contained in this section shall apply to supplemental retirement benefits or to pension increases attributable to cost-of-living increases or adjustments. (2) No member of the system shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. Ordinance No. 58-13-36 Page 27 of 48 AGENDA ITEM#7C JUNE 10,2013 Sec. 2-310.5. Minimum Distribution of benefits. (a) General rules. (1) Effective date. Effective as of January 1, 1989, the plan will pay all benefits in accordance with a good faith interpretation of the requirements of IRC Section 401(a)(9) and the regulations in effect under that section, as applicable to a governmental plan within the meaning of IRC Section 414(d). Effective on and after January 1, 2003, the plan is also subject to the specific provisions contained in this Section. The provisions of this section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. (2) Precedence. The requirements of this section will take precedence over any inconsistent provisions of the plan. (3) TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this section other than this subsection (a)(3), distributions may be made under a designation made before January 1, 1984, in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that related to Section 242(b)(2) of TEFRA. (b) Time and manner of distribution. (1) Required beginning date. The member's entire interest will be distributed, or begin to be distributed, to the member no later than the Member's required beginning date which shall not be later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one- half (70 1/2) or the calendar year in which the member terminates employment with the city. (2) Death of member before distributions begin. If the member dies before distributions begin, the member's entire interest will be distributed, or begin to be distributed no later than as follows: a. If the member's surviving spouse is the member's sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date on or before December 31 of the calendar year in which the member would have attained age 70 I/2, if later, as the surviving spouse elects. b. If the member's surviving spouse is not the member's sole designated beneficiary, then, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died. c. If there is no designated beneficiary as of September 30 of the year following the year of the member's death, the member's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the member's death. Ordinance No. 58-13-36 Page 28 of 48 AGENDA ITEM#7C JUNE 10,2013 d. If the member's surviving spouse is the member's sole designated beneficiary and the surviving spouse dies after the member but before distributions to the surviving spouse begin, this subsection (b)(2), other than subsection (b)(2)a., will apply as if the surviving spouse were the member. For purposes of this subsection (b)(2). and subsection (e), distributions are considered to begin on the member's required beginning date or, if subsection (b)(2)d. applies, the date of distributions are required to begin to the surviving spouse under subsection (b)(2)a. If annuity payments irrevocably commence to the member before the member's required beginning date (or to the member's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection (b)(2)a.) the date distributions are considered to begin is the date distributions actually commence. (3) Death After Distributions Begin. If the member dies after the required distribution of benefits has begun, the remaining portion of the member's interest must be distributed at least as rapidly as under the method of distribution before the member's death. (4) Form of distribution. Unless the member's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with this section. If the member's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Section 401(a)(9) of the IRC and Treasury regulations. Any part of the member's interest which is in the form of an individual account described in Section 414(k) of the IRC will be distributed in a manner satisfying the requirements of Section 401(a)(9) of the IRC and Treasury regulations that apply to individual accounts. (c) Determination of amount to be distributed each year. (1) General requirements. If the member's interest is paid in the form of annuity distributions under the plan, payments under the annuity will satisfy the following requirements: a. The annuity distributions will be paid in periodic payments made at intervals not longer than one year. b. The member's entire interest must be distributed pursuant to Sec. 2-305, Sec. 2-306, Sec. 2-308, or Sec. 2-309 (as applicable) and in any event over a period equal to or less than the member's life or the lives of the member and a designated beneficiary, or over a period not extending beyond the life expectancy of the member or of the member and a designated beneficiary. The life expectancy of the member, the member's spouse, or the member's beneficiary may not be recalculated after the initial determination for purposes of determining benefits. (2) Amount required to be distributed by required beginning date. The amount that must be distributed on or before the member's required beginning date (or, if the member dies before distributions begin, the date distributions are required to begin under Sec. 2-306) is the payment that is required for one payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals Ordinance No. 58-13-36 Page 29 of 48 AGENDA ITEM#7C JUNE 10,2013 are the periods for which payments are received, e.g., monthly. All of the member's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the member's required beginning date. (3) Additional accruals after first distribution calendar year. Any additional benefits accruing to the member in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. (d) General distribution rules. (1) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of IRC Section 401(a)(9)(G), and effective for any annuity commencing on or after January 1, 2008, the minimum distribution incidental benefit rule under Treasury Regulation Section 1.401(a)(9)-6, Q&A-2. (2) The death and disability benefits provided by the plan are limited by the incidental benefit rule set forth in IRC Section 401(a)(9)(G) and Treasury Regulation Section 1.401-1(b)(1)(I) or any successor regulation thereto. As a result, the total death or disability benefits payable may not exceed 25% of the cost for all of the members' benefits received from the retirement system. (e) Definitions. (1) Designated beneficiary. The individual who is designated as the beneficiary under the plan and is the designated beneficiary under Section 401(a)(9) of the IRC and Section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations. (2) Distribution calendar year. A calendar year for which a minimum distribution is required. For distributions beginning before the member's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the member's required beginning date. For distributions beginning after the member's death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to Sec. 2-306. Sec. 2-310.6. Miscellaneous provisions. (a) Interest of members in system. All assets of the fund are held in trust, and at no time prior to the satisfaction of all liabilities under the system with respect to retirees and members and their spouses or beneficiaries, shall any part of the corpus or income of the fund be used for or diverted to any purpose other than for their exclusive benefit. (b) No reduction of accrued benefits. No amendment or ordinance shall be adopted by the City Commission of the City of Atlantic Beach which shall have the effect of reducing the then vested accrued benefits of members or a member's beneficiaries. (c) Qualification of system. It is intended that the system will constitute a qualified public pension plan under the applicable provisions of the IRC for a qualified plan under IRC section 401(a) and a governmental plan under IRC section 414(d), as now in effect or hereafter amended. Any modification or amendment of the system may be made retroactively, if necessary or appropriate, to qualify or maintain the system as a plan meeting the requirements of the applicable provisions of the IRC as now in effect or hereafter amended, or any other Ordinance No. 58-13-36 Page 30 of 48 AGENDA ITEM#7C JUNE 10,2013 applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. (d) Use of forfeitures. Forfeitures arising from terminations of service of members shall serve only to reduce future city contributions. (e) Prohibited Transactions. Effective as of January 1, 1989, a board may not engage in a transaction prohibited by IRC Section 503(b). (f) USERRA. Effective December 12, 1994, notwithstanding any other provision of this system, contributions, benefits and service credit with respect to qualified military service are governed by IRC Section 414(u) and the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended. To the extent that the definition of "credited service" sets forth contribution requirements that are more favorable to the member than the minimum compliance requirements, the more favorable provisions shall apply. (g) Vesting. (1) Member will be 100% vested in all benefits upon attainment of the plan's age and service requirements for the Plan's normal retirement benefit; and (2) A member will be 100% vested in all accrued benefits, to the extent funded, if the plan is terminated or experiences a complete discontinuance of employer contributions. (h) Electronic forms. In those circumstances where a written election or consent is not required by the plan or the IRC, an oral, electronic, or telephonic form in lieu of or in addition to a written form may be prescribed by the board. However, where applicable, the board shall comply with Treas. Reg. § 1.401(a)-21. (i) Compliance with Chapter 185, Florida Statutes. It is intended that the system will continue to qualify for funding under F.S. §185.08. Accordingly, unless otherwise required by law, any provision of the system which violates the requirements of F.S. ch. 185, as amended from time to time, shall be superseded by and administered in accordance with the requirements of such chapter. Sec. 2-310.7. Repeal or termination of system. (a) This ordinance establishing the system and fund, and subsequent ordinances pertaining to said system and fund, may be modified, terminated, or amended, in whole or in part; provided that if this or any subsequent ordinance shall be amended or repealed in its application to any person benefitting hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the member or beneficiary shall not be affected thereby.. (b) If this ordinance shall be repealed, or if contributions to the system are discontinued or if there is a transfer, merger or consolidation of government units, services or functions as provided in F.S. ch. 121, the board shall continue to administer the system in accordance with the provisions of this ordinance, for the sole benefit of the then members, any beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one of the options provided for in this ordinance who are designated by any of said members. In the event of repeal, discontinuance of contributions, or transfer, merger or Ordinance No. 58-13-36 Page 31 of 48 AGENDA ITEM#7C JUNE 10,2013 consolidation of government units, services or functions, there shall be full vesting (100%) of benefits accrued to date of repeal and such benefits shall be nonforfeitable. (c) The fund shall be distributed in accordance with the following procedures: (1) The board shall determine the date of distribution and the asset value required to fund all the nonforfeitable benefits after taking into account the expenses of such distribution. The board shall inform the city if additional assets are required, in which event the city shall continue to financially support the plan until all nonforfeitable benefits have been funded. (2) The board shall determine the method of distribution of the asset value, whether distribution shall be by payment in cash, by the maintenance of another or substituted trust fund, by the purchase of insured annuities, or otherwise, for each Police Officer entitled to benefits under the plan as specified in subsection(3). (3) The board shall distribute the asset value as of the date of termination in the manner set forth in this subsection, on the basis that the amount required to provide any given retirement income is the actuarially computed single-sum value of such retirement income, except that if the method of distribution determined under subsection (2) involves the purchase of an insured annuity, the amount required to provide the given retirement income is the single premium payable for such annuity. The actuarial single-sum value may not be less than the Police Officer's accumulated contributions to the plan, with interest if provided by the plan, less the value of any plan benefits previously paid to the Police Officer. (4) If there is asset value remaining after the full distribution specified in subsection (3), and after the payment of any expenses incurred with such distribution, such excess shall be returned to the city, less return to the State of the State's contributions, provided that, if the excess is less than the total contributions made by the city and the State to date of termination of the plan, such excess shall be divided proportionately to the total contributions made by the city and the State. (5) The board shall distribute, in accordance with subsection (2), the amounts determined under subsection(3). If, after twenty-four (24) months after the date the plan terminated or the date the board received written notice that the contributions there under were being permanently discontinued, the city or the board of the fund affected has not complied with all the provisions in this section, the Florida Department of Management Services will affect the termination of the fund in accordance with this section. Sec. 2-310.8. Domestic relations orders; retiree directed payments; Exemption from execution, non-assignability. (a) Domestic relations orders. (1) Prior to the entry of any domestic relations order which affects or purports to affect the system's responsibility in connection with the payment of benefits of a retiree, the member or retiree shall submit the proposed order to the board for review to determine whether the system may legally honor the order. (2) If a domestic relations order is not submitted to the board for review prior to entry of the order, and the system is ordered to take action that it may not legally take, and the system expends administrative or legal fees in resolving the matter, the member or Ordinance No. 58-13-36 Page 32 of 48 AGENDA ITEM#7C JUNE 10,2013 retiree who submits such an order will be required to reimburse the system for its expenses in connection with the order. (b) Retiree directed payments. The board may, upon written request by a retiree or by a dependent, when authorized by a retiree or the retiree's beneficiary, authorize the system to withhold from the monthly retirement payment those funds that are necessary to pay for the benefits being received through the city, to pay the certified bargaining agent of the city, to make payment to insurance companies for insurance premiums as permitted by F.S. Chapter 185 and to make any payments for child support or alimony. (c) Exemption from execution, non-assignability. Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this ordinance and the accumulated contributions and the cash securities in the fund created under this ordinance are hereby exempted from any state, county or municipal tax and shall not be subject to execution, attachment, garnishment or any legal process whatsoever and shall be unassignable. Sec. 2-310.9. Pension validity. The board shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. The board is empowered to purge the pension rolls or correct the pension amount of any person heretofore granted a pension under prior or existing law or any person hereafter granted a pension under this ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall hereafter under this ordinance be erroneously, improperly or illegally classified. Any overpayments or underpayments shall be corrected and paid or repaid in a reasonable manner determined by the board. Sec. 2-310.10. Forfeiture of pension. (a) Any member who is convicted of the following offenses committed prior to retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this system, except for the return of his accumulated contributions as of the date of termination. Specified offenses are as follows: (1) The committing, aiding or abetting of an embezzlement of public funds; (2) The committing, aiding or abetting of any theft by a public officer or employee from employer; (3) Bribery in connection with the employment of a public officer or employee; (4) Any felony specified in F.S. ch. 838; (5) The committing of an impeachable offense; (6) The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or Ordinance No. 58-13-36 Page 33 of 48 AGENDA ITEM#7C JUNE 10,2013 attempted use of the power, rights, privileges, duties or position of his public office or employment position; or (7) The committing on or after October 1, 2008, of any felony defined in F.S. Section 800.04, against a victim younger than sixteen (16) years of age, or any felony defined in F.S. ch. 794, against a victim younger than eighteen (18) years of age, by a public officer or employee through the use or attempted use of power, rights, privileges, duties, or position of his or her public office or employment position. (b) Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the senate of an impeachable offense. (c) Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. Prior to forfeiture, the board shall hold a hearing on which notice shall be given to the member whose benefits are being considered for forfeiture. Said member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the member shall be afforded a full opportunity to present his case against forfeiture. (d) Any member who has received benefits from the system in excess of his accumulated contributions after member's rights were forfeited shall be required to pay back to the fund the amount of the benefits received in excess of his accumulated contributions. The board may implement all legal action necessary to recover such funds. Sec. 2-310.11. Conviction and forfeiture; false, misleading or fraudulent statements. (a) It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement or withhold or conceal material information to obtain any benefit from the system. (b) A person who violates subsection (a) commits a misdemeanor of the first degree, punishable as provided in F.S. §775.082 or §775.083. (c) In addition to any applicable criminal penalty, upon conviction for a violation described in subsection (a), a member or beneficiary of the system may, in the discretion of the board, be required to forfeit the right to receive any or all benefits to which the person would otherwise be entitled under the system. For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. Sec. 2-310.12. Indemnification. (a) To the extent not covered by insurance contracts in force from time to time, the city shall indemnify, defend and hold harmless members of the board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "claims", against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the board. The city reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will Ordinance No. 58-13-36 Page 34 of 48 AGENDA ITEM#7C JUNE 10,2013 indemnify, defend and hold harmless any members of the board from the judgment, execution, or levy thereon. (b) This section shall not be construed so as to relieve any insurance company or other entity liable to defend the claim or liable for payment of the judgment or claim, from any liability, nor does this section waive any provision of law affording the city immunity from any suit in whole or part, or waive any other substantive or procedural rights the city may have. (c) This section shall not apply nor shall the city be responsible in any manner to defend or pay for claims arising out of acts or omissions of members of the board which constitute felonies or gross malfeasance or gross misfeasance in office. Sec. 2-310.13. Direct transfers of eligible rollover distributions. (a) Rollover distributions. (1) General. This section applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (2) Definitions. a. Eligible rollover distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the IRC and the portion of any distribution that is not includible in gross income. Effective January 1, 2002, any portion of any distribution which would be includible in gross income as after-tax employee contributions will be an eligible rollover distribution if the distribution is made to an individual retirement account described in section 408(a); to an individual retirement annuity described in section 408(b); to a qualified defined contribution plan described in section 401(a) or 403(a) that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible; or on or after January 1, 2007, to a qualified defined benefit plan described in IRC Section 401(a) or to an annuity contract described in IRC Section 403(b), that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible. b. Eligible retirement plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the IRC; an individual Ordinance No. 58-13-36 Page 35 of 48 AGENDA ITEM#7C JUNE 10,2013 retirement annuity described in section 408(b) of the IRC; an annuity plan described in section 403(a) of the IRC; effective January 1, 2002, an eligible deferred compensation plan described in section 457(b) of the IRC which is maintained by an eligible employer described in section 457(e)(1)(A) of the IRC and which agrees to separately account for amounts transferred into such plan from this plan; effective January 1, 2002, an annuity contract described in section 403(b) of the IRC; a qualified trust described in section 401(a) of the IRC; or effective January 1, 2008, a Roth IRA described in section 408A of the IRC, that accepts the distributee's eligible rollover distribution. This definition shall also apply in the case of an eligible rollover distribution to the surviving spouse. c. Distributee: A distributee includes an employee or former employee. It also includes the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse. Effective January 1, 2007, it further includes a nonspouse beneficiary who is a designated beneficiary as defined by IRC Section 401(a)(9)(E). However, a nonspouse beneficiary may rollover the distribution only to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribution and the account or annuity will be treated as an "inherited" individual retirement account or annuity. d. Direct rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. (b) Rollovers or transfers into the fund. On or after January 1, 2002, the system will accept, solely for the purpose of purchasing credited service as provided herein, permissible Member requested transfers of funds from other retirement or pension plans, member rollover cash contributions and/or direct cash rollovers of distributions made on or after January 1, 2002, as follows: (1) Transfers and direct rollovers or member rollover contributions from other plans. The system will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in section 401(a) or 403(a) of the IRC, from an annuity contract described in section 403(b) of the IRC or from an eligible plan under section 457(b) of the IRC which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. The system will also accept legally permissible member requested transfers of funds from other retirement or pension plans. (2) Member rollover contributions from IRAs. The system will accept a member rollover contribution of the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the IRC that is eligible to be rolled over. (c) Elimination of Mandatory Distributions. Notwithstanding any other provision herein to the contrary, in the event this Plan provides for a mandatory (involuntary) cash distribution from the Plan not otherwise required by law, for an amount in excess of one- thousand dollars ($1,000.00), such distribution shall be made from the Plan only upon written request of the Member and completion by the Member of a written election on forms designated by the Board, to either receive a cash lump sum or to rollover the lump sum amount. Sec. 2-310.14. Family and medical leave act. Ordinance No. 58-13-36 Page 36 of 48 AGENDA ITEM#7C JUNE 10,2013 The fractional parts of the twelve (12) month period ending each March 1 that a member is on leave without pay from the city pursuant to the Family and Medical Leave Act (FMLA) shall be added to his credited service provided that: (1) The member contributes to the fund the sum that he would have contributed, based on his salary and the member contribution rate in effect at the time that the credited service is requested, had he been a member of the system for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) The request for credited service for FMLA leave time for the twelve (12) month period prior to each March 1 and payment of professional fees shall be made on or before March 31. (3) Payment by the member of the required amount shall be made on or before April 30 for the preceding twelve (12) month period ending March 1 and shall be made in one (1) lump sum payment upon receipt of which credited service shall be issued. (4) Credited service purchased pursuant to this section shall not count toward vesting. Sec. 2-310.15. Military service prior to employment. The years or fractional parts of years that a Police Officer serves or has served on active duty in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily and honorably or under honorable conditions, prior to first and initial employment with the city Police department shall be added to his years of credited service provided that: (1) The member contributes to the fund the sum that he would have contributed, based on his salary and the member contribution rate in effect at the time that the credited service is requested, had he been a member of the system for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) Multiple requests to purchase credited service pursuant to this section may be made at any time prior to retirement. (3) Payment by the member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one lump sum payment upon receipt of which credited service shall be given, or the Member may elect to make payment for the requested Credited Service over a period of time as provided for in paragraph (6) below. (4) The maximum credit under this section shall be five (5) years. (5) Credited service purchased pursuant to this section shall count for all purposes, except vesting and eligibility for not-in-line of duty disability benefits. Ordinance No. 58-13-36 Page 37 of 48 AGENDA ITEM#7C JUNE 10,2013 (6) In lieu of the lump sum payment provided for in paragraph (3) above, a member may elect to make payments over a period of time in order to fully pay the amount provided for in paragraph (1). The member shall be required to notify the board, in writing, of his election to make payments in the manner provided for in this paragraph. The payment plan provided for in this paragraph shall be subject to the following terms: a. The principal amount to be paid shall be determined as set forth in paragraph(1) above. b. The original principal amount shall be amortized over the period beginning with the first payment and ending at the end of a period equal to the number of years being purchased and shall be reamortized annually if necessary to reflect changes in the interest rate provided for in subparagraph c. below. c. Payments shall consist of principal and interest at a rate equal to the actuarially assumed rate of return on plan investments. d. Payments shall be made by payroll deduction from each paycheck on an after-tax basis. e. In the event that a member dies, retires (including entry into the Deferred Retirement Option Plan(DROP)) or otherwise terminates his employment, without having made full payment of the principal amount necessary to receive all credited service requested,the member shall receive so much of the credited service requested, determined using procedures established by the actuary, which could be purchased with the amount of principal paid by the member to the date of his death or termination of employment. f. In the event that the member's employment is terminated for any reason and he is not entitled to any benefit from the plan other than the return of the amounts he has had deducted from his paycheck as his normal contribution to the plan, the amounts which the member has paid pursuant to this subsection to purchase additional credited service, shall be returned to him including all interest. Sec. 2-310.16. Prior police service. Unless otherwise prohibited by law, and except as provided for in section 2-300, the years or fractional parts of years that a member previously served as a full-time Police Officer with the city during a period of previous employment and for which period accumulated contributions were withdrawn from the fund, or the years and fractional parts of years that a member served as a full-time Police Officer for any other municipal, county or state law enforcement department in the State of Florida shall be added to his years of credited service provided that: (1) The member contributes to the fund the sum that he would have contributed, based on his salary and the member contribution rate in effect at the time that the credited service is requested, had he been a member of the system for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. Ordinance No. 58-13-36 Page 38 of 48 AGENDA ITEM#7C JUNE 10,2013 (2) Multiple requests to purchase credited service pursuant to this section may be made at any time prior to retirement. (3) Payment by the Police Officer of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one lump sum payment upon receipt of which credited service shall be given, or the member may elect to make payment for the requested credited service over a period of time as provided for in paragraph (7) below. (4) The maximum credit under this section for service other than with the City of shall be five (5) years of credited service and shall count for all purposes, except vesting and eligibility for not-in-line of duty disability benefits. There shall be no maximum purchase of credit for prior service with the City of Atlantic Beach and such credit shall count for all purposes, including vesting. (5) In no event, however, may credited service be purchased pursuant to this section for prior service with any other municipal, county or state law enforcement department, if such prior service forms or will form the basis of a retirement benefit or pension from a different employer's retirement system or plan as set forth in section 2-310.4, subsection (k)(2). (6) For purposes of determining credit for prior service as a police officer as provided for in this section, in addition to service as a police officer in this state, credit may be purchased by the member in the same manner as provided above for federal, other state, county or municipal service if the prior service is recognized by the Criminal Justice Standards and Training Commission within the Department of Law Enforcement, as provided under Chapter 943, Florida Statutes, or the police officer provides proof to the board that such service is equivalent to the service required to meet the definition of a police officer under Sec. 2-300, Definitions. (7) In lieu of the lump sum payment provided for in paragraph (3) above, a member may elect to make payments over a period of time in order to fully pay the amount provided for in paragraph (1). The member shall be required to notify the board, in writing, of his election to make payments in the manner provided for in this paragraph. The payment plan provided for in this paragraph shall be subject to the following terms: a. The principal amount to be paid shall be determined as set forth in paragraph (1) above. b. The original principal amount shall be amortized over the period beginning with the first payment and ending at the end of a period equal to the number of years being purchased and shall be reamortized annually if necessary to reflect changes in the interest rate provided for in subparagraph c. below. c. Payments shall consist of principal and interest at a rate equal to the actuarially assumed rate of return on plan investments d. Payments shall be made by payroll deduction from each paycheck on an after-tax basis. Ordinance No. 58-13-36 Page 39 of 48 AGENDA ITEM#7C JUNE 10,2013 e. In the event that a member dies, retires (including entry into the Deferred Retirement Option Plan (DROP)) or otherwise terminates his employment, without having made full payment of the principal amount necessary to receive all credited service requested, the member shall receive so much of the credited service requested, determined using procedures established by the actuary, which could be purchased with the amount of principal paid by the member to the date of his death or termination of employment. f. In the event that the member's employment is terminated for any reason and he is not entitled to any benefit from the plan other than the return of the amounts he has had deducted from his paycheck as his normal contribution to the plan, the amounts which the member has paid pursuant to this subsection to purchase additional credited service, shall be returned to him, including all interest paid. Sec. 2-310.17. Reemployment after retirement (a) Any retiree who is retired under this system, except for disability retirement as previously provided for, may be reemployed by any public or private employer, except the city, and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this system. Reemployment by the city shall be subject to the limitations set forth in this section. (b) After normal retirement. Any retiree who is retired under normal retirement pursuant to this system and who is reemployed as a police officer after that retirement and, by virtue of that reemployment, is eligible to participate in this system, shall upon being reemployed, discontinue receipt of benefits. Upon reemployment, the retiree shall be deemed to be fully vested and the additional credited service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final retirement. Calculations of benefits upon retirement shall be based upon the benefit accrual rate, average final compensation, and credited service as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, average final compensation (based only on the subsequent employment period), and credited service as of the date of subsequent retirement The amount of any death or disability benefit received as a result of a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for a prior period of employment. The optional form of benefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein, but the member may select a different optional form and joint pensioner applicable to the subsequent retirement benefit. (c) Any retiree who is retired under normal retirement pursuant to this system and who is reemployed by the city after that retirement and, by virtue of that reemployment is ineligible to participate in this system, shall, during the period of such reemployment, continue receipt of benefits during any subsequent employment period. (d) After early retirement. Any retiree who is retired under early retirement pursuant to this system and who subsequently becomes an employee of the city in any capacity shall discontinue receipt of benefits from the system. If by virtue of that reemployment, the retiree is eligible to participate in this system, the retiree shall be deemed to be fully vested and the additional credited service accrued during the subsequent employment period shall be used in Ordinance No. 58-13-36 Page 40 of 48 AGENDA ITEM#7C JUNE 10,2013 computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final retirement. Calculations of benefits upon retirement shall be based upon the benefit accrual rate, average final compensation, credited service and early retirement reduction factor as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, average final compensation (based only on the subsequent employment period), and credited service as of the date of subsequent retirement The amount of any death or disability benefit received as a result of a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for a prior period of employment. The optional form of benefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein, but the member may select a different optional form and joint pensioner applicable to the subsequent retirement benefit. Retirement pursuant to an early retirement incentive program shall be deemed early retirement for purposes of this section if the member was permitted to retire prior to the customary retirement date provided for in the system at the time of retirement. (e) Reemployment of terminated vested persons. Reemployed terminated vested persons shall not be subject to the provisions of this section until such time as they begin to actually receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as normal or early retirees for purposes of applying the provisions of this section and their status as an early or normal retiree shall be determined by the date they elect to begin to receive their benefit. (f) DROP participants. Members or retirees who are or were in the deferred retirement option plan shall, following termination of employment after DROP participation, have the options provided for in this section for reemployment. Sec. 2-310.18. Deferred retirement option plan. (a) Definitions. As used in this Section 2-310.18, the following definitions apply:" (1) "DROP" -- The City of Atlantic Beach Police Officers' Retirement System Deferred Retirement Option Plan. (2) "DROP Account" -- The account established for each DROP participant under subsection (c). (b) Participation. (1) Eligibility to Participate. In lieu of terminating his employment as a police officer, any member who is eligible for normal or early retirement under the system may elect to defer receipt of such service retirement pension and to participate in the DROP. (2) Election to Participate. A member's election to participate in the DROP must be made in writing in a time and manner determined by the board and shall be effective on the first day of the first calendar month which is at least fifteen (15) business days after it is received by the board. (3) Period of Participation. A member who elects to participate in the DROP under subsection (b)(2), shall participate in the DROP for a period not to exceed sixty (60) months beginning at the time his election to participate in the DROP first becomes effective. An election to participate in the DROP shall constitute an irrevocable election to resign from the service of Ordinance No. 58-13-36 Page 41 of 48 AGENDA ITEM#7C JUNE 10,2013 the City not later than the date provided for in the previous sentence. A member may participate only once. (4) Termination of Participation. a. A member's participation in the DROP shall cease at the earlier of: 1. the end of his permissible period of participation in the DROP as determined under subsection (b)(3); or 2. termination of his employment as a police officer. b. Upon the member's termination of participation in the DROP, pursuant to subsection a.1. above, all amounts provided for in subsection (c)(2), including monthly benefits and investment earnings and losses, shall cease to be transferred from the system to his DROP Account. Any amounts remaining in his DROP Account shall be paid to him in accordance with the provisions of subsection (d) when he terminates employment as a police officer. c. A member who terminates his participation in the DROP under this subsection (b)(4) shall not be permitted to again become a participant in the DROP. (5) Effect of DROP Participation on the System. a. A member's credited service and his accrued benefit under the system shall be determined on the date his election to participate in the DROP first becomes effective. For purposes of determining the accrued benefit, the member's salary for the purposes of calculating his average final compensation shall include an amount equal to any lump sum payments which would have been paid to the member and included as salary as defined herein, had the member retired under normal retirement and not elected DROP participation. Member contributions attributable to any lump sums used in the benefit calculation and not actually received by the member shall be deducted from the first payments to the member's DROP Account. The member shall not accrue any additional credited service or any additional benefits under the system (except for any additional benefits provided under any cost-of-living adjustment for retirees in the system) while he is a participant in the DROP. After a member commences participation, he shall not be permitted to again contribute to the system nor shall he be eligible for disability or pre-retirement death benefits, except as provided for in Section 2-310.17,Reemployment After Retirement. b. No amounts shall be paid to a member from the system while the member is a participant in the DROP. Unless otherwise specified in the system, if a member's participation in the DROP is terminated other than by terminating his employment as a police officer, no amounts shall be paid to him from the system until he terminates his employment as a police officer. Unless otherwise specified in the system, amounts transferred from the system to the member's DROP Account shall be paid directly to the member only on the termination of his employment as a police officer. Ordinance No. 58-13-36 Page 42 of 48 AGENDA ITEM#7C JUNE 10,2013 (c) Funding. (1) Establishment of DROP Account. A DROP Account shall be established for each member participating in the DROP. A member's DROP Account shall consist of amounts transferred to the DROP under subsection (c)(2), and earnings or losses on those amounts. (2) Transfers From Retirement System. a. As of the first day of each month of a member's period of participation in the DROP, the monthly retirement benefit he would have received under the system had he terminated his employment as a police officer and elected to receive monthly benefit payments thereunder shall be transferred to his DROP Account, except as otherwise provided for in subsection(b)(4)b. A member's period of participation in the DROP shall be determined in accordance with the provisions of subsections (b)(3) and (b)(4), but in no event shall it continue past the date he terminates his employment as a police officer. b. Except as otherwise provided in subsection (b)(4)b., a member's DROP Account under this subsection (c)(2) shall be debited or credited after each fiscal year quarter with earnings, determined as follows: The average daily balance in a member's DROP Account shall be credited or debited at a rate equal to the net investment return realized by the system for that quarter. "Net investment return" for the purpose of this paragraph is the total return of the assets in which the Member's DROP Account is invested by the board net of brokerage commissions, transaction costs and management fees. c. A member's DROP Account shall only be credited or debited with earnings or losses and monthly benefits while the member is a participant in the DROP. A member's final DROP account value for distribution to the member upon termination of participation in the DROP shall be the value of the account at the end of the quarter immediately preceding termination of participation plus any monthly periodic additions made to the DROP account subsequent to the end of the previous quarter and prior to distribution. If a Member fails to terminate employment after participating in the DROP for the permissible period of DROP participation, then beginning with the member's first month of employment following the last month of the permissible period of DROP participation, the member's DROP Account will no longer be credited or debited with earnings or losses, nor will monthly benefits be transferred to the DROP account. All such non- transferred amounts shall be forfeited and continue to be forfeited while the member is employed by the Police Department, and no cost-of-living adjustments shall be applied to the member's credit during such period of continued employment. A member employed by the Police Department after the permissible period of DROP participation will still not be eligible for pre-retirement Ordinance No. 58-13-36 Page 43 of 48 AGENDA ITEM#7C JUNE 10,2013 death and disability benefits, and will not accrue additional Credited Service except as provided for in Section 2-310.17, Reemployment After Retirement. (d) Distribution of DROP Accounts on Termination of Employment. (1) Eligibility for Benefits. A member shall receive the balance in his DROP Account in accordance with the provisions of this subsection (d) upon his termination of employment as a police officer. Except as provided in subsection (d)(5), no amounts shall be paid to a member from the DROP prior to his termination of employment as a police officer. (2) Form of Distribution. a. Unless the member elects otherwise, distribution of his DROP Account shall be made in a lump sum, subject to the direct rollover provisions set forth in subsection (d)(6). Elections under this paragraph shall be in writing and shall be made in such time or manner as the board shall determine. b. Notwithstanding the preceding, if a member dies before his benefit is paid, his DROP Account shall be paid to his beneficiary in such optional form as his beneficiary may select. If no beneficiary designation is made, the DROP Account shall be distributed to the member's estate. (3) Date of Payment of Distribution. Except as otherwise provided in this subsection (d), distribution of a member's DROP Account shall be made as soon as administratively practicable following the member's termination of employment. Distribution of the amount in a member's DROP account will not be made unless the member completes a written request for distribution and a written election, on forms designated by the board, to either receive a cash lump sum or a rollover of the lump sum amount. (4) Proof of Death and Right of Beneficiary or Other Person. The board may require and rely upon such proof of death and such evidence of the right of any beneficiary or other person to receive the value of a deceased member's DROP Account as the board may deem proper and its determination of the right of that beneficiary or other person to receive payment shall be conclusive. (5) Distribution Limitation. Notwithstanding any other provision of subsection (d), all distributions from the DROP shall conform to the "Minimum Distribution Of Benefits" provisions as provided for herein. (6) Direct Rollover of Certain Distributions. This subsection applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the DROP to the contrary, a distributee may elect to have any portion of an eligible rollover distribution paid in a direct rollover as otherwise provided under the System in Section 2-310.13. (e) Administration of DROP. Ordinance No. 58-13-36 Page 44 of 48 AGENDA ITEM#7C JUNE 10,2013 (1) Board Administers the DROP. The general administration of the DROP, the responsibility for carrying out the provisions of the DROP and the responsibility of overseeing the investment of the DROP's assets shall be placed in the board. The members of the board may appoint from their number such subcommittees with such powers as they shall determine; may adopt such administrative procedures and regulations as they deem desirable for the conduct of their affairs; may authorize one or more of their number or any agent to execute or deliver any instrument or make any payment on their behalf; may retain counsel, employ agents and provide for such clerical, accounting, actuarial and consulting services as they may require in carrying out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such portion of their duties under the DROP, other than those granted to them as trustee under any trust agreement adopted for use in implementing the DROP, as they, in their sole discretion, shall decide. A trustee shall not vote on any question relating exclusively to himself. (2) Individual Accounts, Records and Reports. The board shall maintain records showing the operation and condition of the DROP, including records showing the individual balances in each member's DROP Account, and the board shall keep in convenient form such data as may be necessary for the valuation of the assets and liabilities of the DROP. The board shall prepare and distribute to members participating in the DROP and other individuals or file with the appropriate governmental agencies, as the case may be, all necessary descriptions, reports, information returns, and data required to be distributed or filed for the DROP pursuant to the IRC and any other applicable laws. (3) Establishment of Rules. Subject to the limitations of the DROP, the board from time to time shall establish rules for the administration of the DROP and the transaction of its business. The Board shall have discretionary authority to construe and interpret the DROP (including but not limited to determination of an individual's eligibility for DROP participation, the right and amount of any benefit payable under the DROP and the date on which any individual ceases to be a participant in the DROP). The determination of the board as to the interpretation of the DROP or its determination of any disputed questions shall be conclusive and final to the extent permitted by applicable law. (4) Limitation of Liability. a. The trustees shall not incur any liability individually or on behalf of any other individuals for any act or failure to act, made in good faith in relation to the DROP or the funds of the DROP. b. Neither the board nor any trustee of the board shall be responsible for any reports furnished by any expert retained or employed by the board, but they shall be entitled to rely thereon as well as on certificates furnished by an accountant or an actuary, and on all opinions of counsel. The board shall be fully protected with respect to any action taken or suffered by it in good faith in reliance upon such expert, accountant, actuary or counsel, and all actions taken or suffered in such reliance shall be conclusive upon any person with any interest in the DROP. Ordinance No. 58-13-36 Page 45 of 48 AGENDA ITEM#7C JUNE 10,2013 (f) General Provisions. (1) Amendment of DROP. The DROP may be amended by an ordinance of the City at any time and from time to time, and retroactively if deemed necessary or appropriate, to amend in whole or in part any or all of the provisions of the DROP. However, except as otherwise provided by law, no amendment shall make it possible for any part of the DROP's funds to be used for, or diverted to, purposes other than for the exclusive benefit of persons entitled to benefits under the DROP. No amendment shall be made which has the effect of decreasing the balance of the DROP Account of any member. (2) Facility of Payment. If a member or other person entitled to a benefit under the DROP is unable to care for his affairs because of illness or accident or is a minor, the board shall direct that any benefit due him shall be made only to a duly appointed legal representative. Any payment so made shall be a complete discharge of the liabilities of the DROP for that benefit. (3) Information. Each member, beneficiary or other person entitled to a benefit, before any benefit shall be payable to him or on his account under the DROP, shall file with the Board the information that it shall require to establish his rights and benefits under the DROP. (4) Prevention of Escheat. If the board cannot ascertain the whereabouts of any person to whom a payment is due under the DROP, the Board may, no earlier than three (3) years from the date such payment is due, mail a notice of such due and owing payment to the last known address of such person, as shown on the records of the board or the City. If such person has not made written claim therefor within three (3) months of the date of the mailing, the board may, if it so elects and upon receiving advice from counsel to the system, direct that such payment and all remaining payments otherwise due such person be canceled on the records of the system. Upon such cancellation, the system shall have no further liability therefor except that, in the event such person or his beneficiary later notifies the board of his whereabouts and requests the payment or payments due to him under the DROP, the amount so applied shall be paid to him in accordance with the provisions of the DROP. (5) Written Elections, Notification. a. Any elections, notifications or designations made by a member pursuant to the provisions of the DROP shall be made in writing and filed with the board in a time and manner determined by the board under rules uniformly applicable to all employees similarly situated. The board reserves the right to change from time to time the manner for making notifications, elections or designations by members under the DROP if it determines after due deliberation that such action is justified in that it improves the administration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail. Ordinance No. 58-13-36 Page 46 of 48 AGENDA ITEM#7C JUNE 10,2013 b. Each member or retiree who has a DROP Account shall be responsible for furnishing the Board with his current address and any subsequent changes in his address. Any notice required to be given to a member or retiree hereunder shall be deemed given if directed to him at the last such address given to the board and mailed by registered or certified United States mail. If any check mailed by registered or certified United States mail to such address is returned, mailing of checks will be suspended until such time as the member or retiree notifies the board of his address. (6) Benefits Not Guaranteed. All benefits payable to a Member from the DROP shall be paid only from the assets of the member's DROP Account and neither the City nor the board shall have any duty or liability to furnish the DROP with any funds, securities or other assets except to the extent required by any applicable law. (7) Construction. a. The DROP shall be construed, regulated and administered under the laws of Florida, except where other applicable law controls. b. The titles and headings of the subsections in this Section 2-310.18 are for convenience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall control. (8) Forfeiture of Retirement Benefits. Nothing in this Section shall be construed to remove DROP participants from the application of any forfeiture provisions applicable to the system. DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. (9) Effect of DROP Participation on Employment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. Ordinance No. 58-13-36 Page 47 of 48 AGENDA ITEM#7C JUNE 10,2013 Sections 2-310.19 - 2-310.29. Reserved. Ordinance No. 58-13-36 Page 48 of 48 AGENDA ITEM#7D JUNE 10,2013 ORDINANCE NO. 58-13-37 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING AND RESTATING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, SECTIONS 2-261 THROUGH 2-299, INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, BY RESTATING THE CITY OF ATLANTIC BEACH GENERAL EMPLOYEES' RETIREMENT SYSTEM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach General Employees are presently provided pension and certain other benefits under Ordinances of the City of Atlantic Beach and; WHEREAS, the City Commission desires to clarify and restate the provisions of the General Employees' Retirement System to consolidate all prior ordinances and Code provisions and to incorporate State and Federal law; and WHEREAS, the City Commission also desires to amend and adjust the benefits currently provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA; SECTION 1: That Chapter 2, Administration, Article VI, Employee Benefits, Division 3, General Employees' Retirement Plan, Sections 2-261 through 2-299, inclusive, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended and restated as set forth in the document designated CITY OF ATLANTIC BEACH GENERAL EMPLOYEES' RETIREMENT SYSTEM, attached hereto and made a part hereof. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Atlantic Beach. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. AGENDA ITEM It 7D JUNE 10,2013 SECTION 5: That this Ordinance shall become effective upon its adoption. PASSED ON FIRST READING, this 13t1' day of May 2013. PASSED AND ADOPTED ON SECOND READING,this 10th day of June 2013. Mike Borno Mayor ATTEST: Donna L. Bartle, CMC City Clerk Approved as to form: Alan C. Jensen, Esquire City Attorney Ordinance No. 58-13-37 Page 2 of 40 AGENDA ITEM#7D JUNE 10,2013 CITY OF ATLANTIC BEACH GENERAL EMPLOYEES' RETIREMENT SYSTEM Sec. 2-261. Definitions. (a) As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accumulated contributions means a member's own contributions with interest compounded annually, redetermined on October 1 of each year based on the two-year Treasury Rate. For those members who purchase credited service with interest or at no cost to the system, any payment representing the amount attributable to member contributions based on the applicable member contribution rate, and any payment representing interest and any required actuarially calculated payments for the purchase of such credited service shall be included in accumulated contributions, with interest. Interest shall accrue only during periods of active employment. Actuarial equivalent means a benefit or amount of equal value, based upon the RP-2000 Combined Healthy Male Generational Mortality Table projected by Scale AA, and an interest rate of eight percent (8%) per annum. This definition may only be amended by the city pursuant to the recommendation of the board using assumptions adopted by the board with the advice of the plan's actuary, such that actuarial assumptions are not subject to city discretion. Average final compensation means one-twelfth (1/12) of the average salary of the five (5) best consecutive years of the last ten (10) years of credited service years of credited service prior to retirement, termination, or death, or the career average as a full-time general employee, whichever is greater. A year shall be twelve (12) consecutive months. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a member who has or have been designated in writing by the member and filed with the board. If no such designation is in effect, or if no person so designated is living, at the time of death of the member, the beneficiary shall be the estate of the member, except as provided by Sec. 2-267, Pre- retirement death. Board means the board of trustees, which shall administer and manage the system herein provided and serve as trustees of the fund. City means City of Atlantic Beach, Florida. Credited Service means the total number of years and fractional parts of years of service as a general employee with member contributions, when required, omitting intervening years or fractional parts of years when such member was not employed by the city as a general employee. If a vested member leaves the employ of the city, his accumulated contributions will be returned only upon his written request. If a member who is not vested is not reemployed as a general employee with the city within five (5) years, his accumulated contributions, if one thousand dollars ($1,000.00) or less, shall be returned. If a member who is not vested is not reemployed within five (5) years, his accumulated contributions, if more than one-thousand dollars ($1,000.00), will be returned only upon the written request of the member and upon completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the board. Upon return of a member's accumulated contributions, all of his rights and benefits under the system are forfeited and terminated. The years or parts of a year that a member performs "Qualified Military Service" consisting of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L.103-353), after separation from employment as a general employee to perform training or service, shall be added to his years of credited service for all purposes, including vesting, provided that: (1) The member is entitled to reemployment under the provisions of USERRA. Ordinance No. 58-13-37 Page 3 of 40 AGENDA ITEM#7D JUNE 10,2013 (2) The member returns to his employment as a general employee within the time frame as allowed by USERRA following the earlier of the date of his military discharge or his release from service, unless otherwise required by USERRA. (3) The member deposits into the fund the same sum that the member would have contributed, if any, if he had remained a general employee during his absence. The maximum credit for military service pursuant to this subdivision shall be five (5) years. The member must deposit all missed contributions within a period equal to three times the period of military service, but not more than five (5) years, following re-employment or he will forfeit the right to receive credited service for his military service pursuant to this paragraph. (4) This paragraph is intended to satisfy the minimum requirements of USERRA. To the extent that this paragraph does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. In the event a member dies on or after January 1, 2007, while performing USERRA Qualified Military Service, the beneficiaries of the member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the member had resumed employment and then died while employed. Beginning January 1, 2009, to the extent required by IRC section 414(u)(12), an individual receiving differential wage payments (as defined under IRC section 3401(h)(2)) from an employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on annual additions under IRC section 415(c). This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner. Effective date means the date on which this ordinance becomes effective. Fund means the trust fund established herein as part of the system. General Employee means any actively employed person in the regular full-time or regular part time service of the city, including those in their initial probationary employment period, but not including (1) Certified police officers employed by the city; (2) Any city employee who is employed in a position normally requiring less than one thousand (1,000) hours of work per annum; (3) Any city managerial or professional employee who is employed pursuant to an individual contract of employment which does not provide for the employee's participation in this retirement system; (4) Elected officials of the city; (5) Positions which are compensated on a basis not subject to the withholding of federal income taxes or FICA taxes by the city; (6) Temporary employees. (7) Retirees reemployed as a part-time employee and subject to Sec. 2-285. IRCmeans the Internal Revenue Code of 1986, as amended from time to time. Ordinance No. 58-13-37 Page 4 of 40 AGENDA ITEM#7D JUNE 10,2013 Member means an actively employed general employee who fulfills the prescribed membership requirements. Benefit improvements which, in the past, have been provided for by amendments to the system adopted by city ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to members who terminate employment or who retire prior to the effective date of any ordinance adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Plan Year means the twelve (12) month period beginning October 1 and ending September 30 of the following year. Retiree means a member who has entered retirement status. Retirement means a member's separation from city employment with eligibility for immediate receipt of benefits under the system or entry into the deferred retirement option plan. Salary means the compensation for services rendered to the city as a general employee report- able on the member's W-2 form plus all tax deferred, tax sheltered or tax exempt items of income derived from elective employee payroll deductions or salary reductions. Compensation shall include base salary or wages, longevity pay, performance bonuses, overtime pay, compensatory time, cost of living payments and salary or wages while absent from work on account of paid personal leave or holidays. Compensation shall not include redemptions or payments in consideration of unused personal leave, the value of any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses, or any other item not specifically included. For service earned after April 8, 2013 (the "effective date"), salary shall not include more than three hundred (300) hours of overtime per calendar year. Provided however, in any event, payments for overtime in excess of three hundred (300) hours per year accrued as of the effective date and attributable to service earned prior to the effective date, may still be included in salary for pension purposes even if the payment is not actually made until on or after the effective date. Compensation in excess of the limitations set forth in Section 401(a)(17) of the IRC as of the first day of the plan year shall be disregarded for any purpose, including employee contributions or any benefit calculations. The annual compensation of each member taken into account in determining benefits or employee contributions for any plan year beginning on or after January 1, 2002, may not exceed $200,000, as adjusted for cost-of-living increases in accordance with IRC Section 401(a)(17)(B). Compensation means compensation during the fiscal year. The cost-of-living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. If the determination period consists of fewer than 12 months, the annual compensation limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and the denominator of which is 12. If the compensation for any prior determination period is taken into account in determining a member's contributions or benefits for the current plan year, the compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that prior period. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a member before the first plan year beginning after December 31, 1995. Spouse means the lawful wife or husband of a member or retiree at the time benefits become payable. System means the City of Atlantic Beach General Employees' Retirement System as contained herein and all amendments thereto. (b) Masculine Gender: The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine and masculine genders. Ordinance No. 58-13-37 Page 5 of 40 AGENDA ITEM#7D JUNE 10,2013 Sec. 2-262 Membership. (a) Conditions of eligibility. All general employees hired prior to September 1, 2008, shall continue as members of this system as a condition of employment. (b) General employees hired on or after September 1, 2008, shall no longer be eligible for membership in the system. Such members shall participate in a Defined Contribution Retirement Plan established by the City. The accumulated contributions of such members will be transferred to a 457 plan. (c) The system shall be closed to new members effective June 23, 2013. Sec. 2-263. Board of trustees. (a) The sole and exclusive administration of and responsibility for the proper operation of the system and for making effective the provisions of this ordinance is hereby vested in a board of trustees. The board is hereby designated as the plan administrator. The board shall consist of five (5) trustees, two (2) of whom, unless otherwise prohibited by law, shall be legal residents of the city, who shall be appointed by the Atlantic Beach City Commission, and two (2) of whom shall be members of the system, who shall be elected by a majority of the general employees who are members of the system. The fifth trustee shall be a resident of the City and shall be chosen by a majority of the previous four (4) trustees as provided for herein, and such person's name shall be submitted to the Atlantic Beach City Commission. Upon receipt of the fifth person's name, the Atlantic Beach City Commission shall confirm the appointment to the board as its fifth trustee. The fifth trustee shall have the same rights as each of the other four (4) trustees appointed or elected as herein provided and shall serve a four (4) year term unless he sooner vacates the office. Each resident trustee shall serve as trustee for a period of four (4) years, unless he sooner vacates the office or is sooner replaced by the Atlantic Beach City Commission at whose pleasure he shall serve. Each member trustee shall serve as trustee for a period of four (4) years, unless he sooner leaves the employment of the city as a general employee or otherwise vacates his office as trustee, whereupon a successor shall be chosen in the same manner as the departing trustee. A vacancy shall occur on the board if any member shall resign or any employee representative ceases to be employed by the City. A vacancy shall occur on the board if any trustee fails to attend three (3) consecutive meetings of the board unless, in each case, excused for cause by the trustees attending the meeting. Each trustee may succeed himself in office. DROP participants can be elected as but not vote for elected Trustees. The board shall establish and administer the nominating and election procedures for each election. The board shall meet at least quarterly each year. The board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. (b) The trustees shall,by a majority vote, elect a chairman, vice-chairman and a secretary. The secretary of the board shall keep minutes of the actions, proceedings, or hearings of the board. The trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. (c) Each trustee shall be entitled to one (1) vote on the board. Three (3) affirmative votes shall be necessary for any decision by the trustees at any meeting of the board. A trustee shall abstain from voting as the result of a conflict of interest and shall comply with the provisions of F.S. _112.3143. (d) The board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the system. The compensation of all persons engaged by the board Ordinance No. 58-13-37 Page 6 of 40 AGENDA ITEM#7D JUNE 10,2013 and all other expenses of the board necessary for the operation of the system shall be paid from the fund at such rates and in such amounts as the board shall agree. (e) The duties and responsibilities of the board shall include, but not necessarily be limited to,the following: (1) To construe the provisions of the system and determine all questions arising thereunder. (2) To determine all questions relating to eligibility and membership. (3) To determine and certify the amount of all retirement allowances or other benefits hereunder. (4) To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the system. (5) To distribute to members, at regular intervals, information concerning the system. (6) To receive and process all applications for benefits. (7) To authorize all payments whatsoever from the fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the system and fund. (8) To have performed actuarial studies and valuations, at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the system. (9) To perform such other duties as are required to prudently administer the system. Sec. 2-264. Finances and fund management. Establishment and Operation of Fund (a) As part of the system, there is hereby established the fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the system, including the assets of the prior General Employees' Retirement System. (b) The actual custody and supervision of the fund (and assets thereof) shall be vested in the board. Payment of benefits and disbursements from the fund shall be made by the disbursing agent but only upon written authorization from the board. (c) All funds of the General Employees' Retirement System may be deposited by the board with the Finance Director of the City, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safekeeping of funds for the City. However, any funds so deposited with the Finance Director of the City shall be kept in a separate fund by the Finance Director or clearly identified as such funds of the General Employees' Retirement System. In lieu thereof, the board shall deposit the funds of the General Employees' Retirement System in a qualified public depository as defined in §280.02, Florida Statutes, which depository with regard to such funds shall conform to and be bound by all of the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment responsibilities as set forth herein, the board may retain the services of a custodian bank, an investment advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of Ordinance No. 58-13-37 Page 7 of 40 AGENDA ITEM#7D JUNE 10,2013 these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the board, in the investment of all fund assets. (d) All funds and securities of the system may be commingled in the fund, provided that accurate records are maintained at all times reflecting the financial composition of the fund, including accurate current accounts and entries as regards the following: (1) Current amounts of accumulated contributions of members on both an individual and aggregate account basis, and (2) Receipts and disbursements, and (3) Benefit payments, and (4) Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to contributions and deposits from the City, and (5) All interest, dividends and gains (or losses) whatsoever, and (6) Such other entries as may be properly required so as to reflect a clear and complete financial report of the fund. (e) An audit shall be performed annually by a certified public accountant for the most recent fiscal year of the system showing a detailed listing of assets and a statement of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a complete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. (f) The board shall have the following investment powers and authority: (1) The board shall be vested with full legal title to said fund, subject, however, and in any event to the authority and power of the Atlantic Beach City Commission to amend or terninate this fund, provided that no amendment or fund termination shall ever result in the use of any assets of this fund except for the payment of regular expenses and benefits under this system, except as otherwise provided herein. All contributions from time to time paid into the fund, and the income thereof, without distinction between principal and income, shall be held and administered by the board or its agent in the fund and the board shall not be required to segregate or invest separately any portion of the fund. (2) All monies paid into or held in the fund shall be invested and reinvested by the board and the investment of all or any part of such funds shall be subject to the following: a. Notwithstanding any limitation in prior city ordinances to the contrary, all monies paid into or held in the fund may be invested and reinvested in such securities, investment vehicles or property wherever situated and of whatever kind, as shall be approved by the board, including but not limited to common or preferred stocks, bonds, and other evidences of indebtedness or ownership. b. The board shall develop and adopt a written investment policy statement setting forth permissible types of investments, goals and objectives of investments and setting quality and quantity limitations on investments in accordance with the recommendations of its investment consultants. The investment policy statement shall be reviewed by the board at least annually. Ordinance No. 58-13-37 Page 8 of 40 AGENDA ITEM#7D JUNE 10,2013 c. In addition, the board may, upon recommendation by the board's investment consultant, make investments in group trusts meeting the requirements of Internal Revenue Service Revenue Ruling 81-100 and Revenue Ruling 2011-1 or successor rulings or guidance of similar import, and operated or maintained exclusively for the commingling and collective investment of monies, provided that the funds in the group trust consist exclusively of trust assets held under plans qualified under IRC section 401(a), individual retirement accounts that are exempt under IRC section 408(e), eligible governmental plans that meet the requirements of IRC section 457(b), and governmental plans under IRC section 401(a)(24). For this purpose, a trust includes a custodial account that is treated as a trust under IRC section 401(f) or under IRC section 457(g)(3). While any portion of the assets of the fund are invested in such a group trust, such group trust is itself adopted as a part of the system or plan. (3) At least once every three (3) years, and more often as determined by the board, the board shall retain a professionally qualified independent consultant to evaluate the performance of all current investment managers and make recommendations regarding the retention of all such investment managers. These recommendations shall be considered by the board at its next regularly scheduled meeting. (4) The board may retain in cash and keep unproductive of income such amount of the fund as it may deem advisable, having regard for the cash requirements of the system. (5) Neither the board nor any trustee shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the fund, except that due to his or its own negligence, willful misconduct or lack of good faith. (6) The board may cause any investment in securities held by it to be registered in or transferred into its name as trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the fund. (7) The board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitalizations, consolidations, and similar transactions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective or like committee with the trustees or with depositories designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the fund which it may deem to be to the best interest of the fund to exercise. (8) The board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. (9) Where any action which the board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applica- ble to it as trustee under this ordinance, can reasonably be taken or performed only after receipt by it from a member, the City, or any other entity, of specific informa- tion, certification, direction or instructions, the board shall be free of liability in failing to take such action or perform such duty or function until such information, certi- fication, direction or instruction has been received by it. Ordinance No. 58-13-37 Page 9 of 40 AGENDA ITEM#7D JUNE 10,2013 (10) Any overpayments or underpayments from the fund to a member, retiree or beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the board in such a manner that the actuarial equivalent of the benefit to which the member, retiree or beneficiary was correctly entitled, shall be paid. Overpayments shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the fund in a prudent manner. Overpayments to a deceased retiree, beneficiary or joint annuitant of less than one monthly payment resulting from the death of the retiree, beneficiary or joint annuitant shall not be recouped. (11) The board shall sustain no liability whatsoever for the sufficiency of the fund to meet the payments and benefits provided for herein. (12) In any application to or proceeding or action in the courts, only the board shall be a necessary party, and no member or other person having an interest in the fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. (13) Any of the foregoing powers and functions reposed in the board may be performed or carried out by the board through duly authorized agents, provided that the board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said fund shall always remain in the board. Sec. 2-265 Contributions. (a) Member coutllbutlons. (1) Amount. Each member of the system shall be required to make regular contributions to the fund in the amount of five percent (5%) of his salary. Effective on June 23, 2013, each member shall be required to make regular contributions to the fund in the amount of six percent (6%) of his salary. Member contributions withheld by the City on behalf of the member shall be deposited with the board immediately after each pay period. The contributions made by each member to the fund shall be designated as employer contributions pursuant to §414(h) of the IRC. Such designation is contin- gent upon the contributions being excluded from the members' gross income for Federal Income Tax purposes. For all other purposes of the system, such contributions shall be considered to be member contributions. (2) Method. Such Member contributions shall be made by payroll deduction. (b) City contributions. So long as this system is in effect, the City shall make at least quarterly contributions to the fund in an amount equal to the required City contribution, as shown by the applicable actuarial valuation of the system. (c) Other; Private donations, gifts and contributions may be deposited to the fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds arising from these sources may be used only for additional benefits for members, as determined by the board, and may not be used to reduce what would have otherwise been required City contributions. Sec. 2-266. Benefit Amounts and Eligibility. Ordinance No. 58-13-37 Page 10 of 40 AGENDA ITEM#7D JUNE 10,2013 (a) Normal retirement date. A member's normal retirement date shall be the first day of the month coincident with, or next following the attainment of age sixty (60) and the completion of five (5) years of credited service. A member may retire on his normal retirement date or on the first day of any month thereafter, and each member shall become one hundred percent (100%) vested in his accrued benefit on the member's normal retirement date. Normal retirement under the system is retirement from employment with the City on or after the normal retirement date. (b) Normal retirement benefit. A member retiring hereunder on or after his normal retirement date shall receive a monthly benefit which shall commence on the first day of the month coincident with or next following his retirement and be continued thereafter during member's lifetime and ceasing upon death. The monthly retirement benefit shall equal: (1) for members hired before April 24, 2005, two and eight-five one hundredths percent (2.85%) of average final compensation, for each year of credited service; (2) for members hired on or after April 24, 2005, two and one-half percent (2.5%) of average final compensation, for each year of credited service. (c) Early retirement date. A member may retire on his early retirement date which shall be the first day of any month coincident with or next following the attainment of age fifty-five (55) and the completion of five (5) years of credited service. Early retirement under the system is retirement from the City on or after the early retirement date and prior to the normal retirement date. (d) Early benefit retiring hereunder a may recery e either a eferreo med at mo thly et reent be nefit payable in the retirement ame form as for normal retirement as follows: (1) A deferred monthly retirement benefit which shall commence on what would have been his normal retirement date determined based upon his actual years of credited service and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on his normal retirement date, determined based upon his actual years of credited service, except that credited service and average final compensation shall be determined as of his early retirement date; or (2) An immediate monthly retirement benefit which shall commence on his early retirement date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in subparagraph (b) above, and is actuarially reduced from the amount to which he would have been entitled had he retired on the date which would have been his normal retirement date determined based on his actual years of credited service as a general employee and with the same number of years of credited service as at the time his benefits commence and based on his average final compensation at that date. (e) Required distribution date. The member's benefit under this Section must begin to be distributed to the no than lanlater f i yar r w h cthe memberattains ag seventy enty and one-halff (70' ) or thecledayea in which the member terminates employment with the city. Sec. 2-267. Pre-retirement death. Ordinance No. 58-13-37 Page 11 of 40 AGENDA ITEM#7D JUNE 10,2013 (a) Prior to eligibility for retirement The beneficiary of a deceased member who was not receiving monthly benefits or who was not yet vested (less than five (5) years of credited service or eligible for early or normal retirement shall receive a refund of one-hundred percent (100%) of the member's accumulated contributions. (b) Deceased members vested or eligible for retirement. In the event a vested member (five (5) years of credited service dies prior to retirement, a pre-retirement death benefit shall be paid as follows: (1) Deceased Members with a Designated Beneficiary who is not a Surviving Spouse or Child. This subsection (1) applies only when the member's spouse and/or children is/are not the beneficiary or beneficiaries, in which case subsection (2) below applies, but there is a surviving designated beneficiary. The designated beneficiary shall be entitled to a benefit as follows: a. A pension benefit computed according to section 2-266(b)and calculated as if the member had selected thel 00% joint and survivor option computed in accordance with section 2-270(a)(2), and had retired the day preceding his death, notwithstanding that the member may not have satisfied the conditions for retirement. b. A beneficiary may not elect an optional form of benefit, however the board may elect to make a lump sum payment pursuant to Sec. 2-270, subsection (g). c. If a surviving beneficiary commences receiving a benefit under paragraph a. above, but dies before all payments are made, unless otherwise provided for herein, the actuarial value of the remaining benefit will be paid to the surviving beneficiary's estate by December 31 of the calendar year of the beneficiary's death in a lump sum. d. The Uniform Lifetime Table in Treasury Regulations § 1.401(a)(9)-9 shall determine the payment period for the calendar year benefits commence, if necessary to satisfy the regulations. (2) Deceased Members with Surviving Spouse and/or Children. This subsection (2) applies only when the member's spouse and/or child(ren) are the designated beneficiary or beneficiaries or the deceased member failed to designate a beneficiary, and leaves a surviving spouse and/or child(ren). Under these circumstances, the surviving spouse and/or child(ren) shall be entitled to a benefit as follows: a. If the deceased member is not vested at the time of his death, his surviving spouse or his child or children (equally), if he leaves no surviving spouse, shall receive a benefit equal to the benefit provided for in (a) above. b. If the deceased member is vested at the time of his death, his surviving spouse and/or child(ren) shall receive a benefit as follows: 1. The surviving spouse shall be paid a pension equal to the greater of the benefit provided for in (1)a. above or seventy-five (75) percent of the amount of the life only pension benefit computed in accordance with section 2-266(b), based on the deceased member's final average compensation and credited service at the time of death. A surviving spouse's pension shall terminate upon death. The surviving spouse of any deceased member shall not lose the survivor retirement benefits if the spouse reman-ies. Ordinance No. 58-13-37 Page 12 of 40 AGENDA ITEM#7D JUNE 10,2013 2. The deceased member's unmarried children under the age of nineteen (19) years, or twenty-three (23) years if enrolled full-time as a student in an educational institution, shall each be paid an equal share of a percentage of the retiree's life only pension benefit computed in accordance with section 2-266(b), based on the deceased member's final average compensation and credited service at the time of death. The percent shall be zero (0) percent during periods that a pension is being paid to the surviving spouse in accordance with the provisions of paragraph 1. and fifty (50) percent during periods a pension is not being paid to the surviving spouse. A surviving child's pension shall terminate upon attainment of age nineteen (19) years or, if over nineteen (19) years but less than twenty-three (23) years, when no longer being enrolled as a full-time student in an educational institution, or upon marriage or death, and the pension of each remaining eligible child shall be recomputed. c. Notwithstanding anything contained in this section to the contrary, in any event, distributions to the spouse beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date selected pursuant to the above provisions in this section that must be on or before December 31 of the calendar year in which the member would have attained 701/2. (3) Failure to Designate a Beneficiary, No Surviving Benef cialy and No Surviving Spouse or Children. If a deceased vested member or retiree failed to name a benefici- ary in the manner prescribed in Section 2-271, or if the beneficiary (or beneficiaries) named by a deceased member or retiree predeceases the member or retiree and the member or retiree leaves no surviving spouse and/or child(ren), the death benefit which shall be payable as a lump sum to the estate of member or retiree shall be the actuarial equivalent of the member's accrued benefit as of the date of death and the member's entire interest must be distributed to the estate by December 31 of the calendar year containing the fifth anniversary of the member's death. Sec. 2-268. Disability. (a) Disability benefits. Any member who has accrued five (5) or more years of credited service, who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a general employee, shall, upon establishing the same to the satisfaction of the board, be entitled to a monthly pension equal to two and eight-five one hundredths percent (2.85%) of his average final compensation multiplied by the total years of credited service for members hired before April 24, 2005, and two and one-half percent (2.5%) of his average final compensation multiplied by the total years of credited service for members hired on or after April 24, 2005. Terminated persons, either vested or non-vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within ninety (90) days after termination. (b) Conditions disqualifying disability benefits. Each member who is claiming disability benefits shall establish, to the satisfaction of the board, that such disability was not occasioned primarily by: (1) Excessive or habitual use of any drugs, intoxicants or narcotics. Ordinance No. 58-13-37 Page 13 of 40 AGENDA ITEM#7D JUNE 10,2013 (2) Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections. (3) Injury or disease sustained while committing a crime. (4) Injury or disease sustained while serving in any branch of the Armed Forces. (5) Injury or disease sustained after his employment as a general employee with the City of Atlantic Beach shall have terminated. (6) Willful, wanton or intentional misconduct or gross negligence of the member. (7) Injury or disease sustained by the member while working for anyone other than the City and arising out of such employment. (8) A condition pre-existing the general employee's membership in the system. No member shall be entitled to a disability pension, because of or due to the aggravation of a specific injury, impairment or other medical condition pre-existing at the time of membership in the system, provided that such pre-existing condition and its relationship to a later injury, impairment or other medical condition be established by competent substantial evidence. Nothing herein shall be construed to preclude a disability pension to a member who, after membership in the system, suffers an injury, impairment or other medical condition different from some other injury, impairment, or other medical condition existing at or prior to said membership. (c) Physical examination requirement. A member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the board for that purpose. The board shall not select the member's treating physician or surgeon for this purpose except in an unusual case where the board determines that it would be reasonable and prudent to do so. Any retiree receiving disability benefits under provisions of this ordinance may be required by the board to submit sworn statements of his condition accompanied by a physician's statement (provided at the retiree's expense) to the board annually and may be required by the board to undergo additional periodic re-examinations by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the board, to determine if such disability has ceased to exist. If a retiree refuses to submit to such examination, the retiree's disability benefit shall be suspended until such time as the retiree submits to the examination. If the board finds that the retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a general employee, the board shall recommend to the City that the retiree be returned to performance of duty as a general employee, and the retiree so returned shall enjoy the same rights that he had at the time he was placed upon. In the event the retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the member claiming or the retiree receiving disability benefits shall be borne by the fund. All other reasonable costs as determined by the board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the fund. If the retiree recovers from disability and reenters the service of the City as a general employee, his service will be deemed to have been continuous, but the period beginning with the first month for which he received a disability retirement income payment and ending with the date he reentered the service of the City will not be considered as credited service for the purposes of the system. The board shall have the power and authority to make the final decisions regarding all disability claims. Ordinance No. 58-13-37 Page 14 of 40 AGENDA ITEM#7D JUNE 10,20I3 (d) Disability payments. The monthly benefit to which a member is entitled in the event of the member's disability retirement shall be payable on the first day of the first month after the board determines such entitlement. However, the monthly retirement income shall be payable as of the date the board determined such entitlement, retroactive to the date of application or the last day on payroll, whichever is later, and any retroactive benefit amount shall be paid together with the first payment. The last payment will be: (1) If the retiree recovers from the disability, the payment paid preceding the date of such recovery, or (2) If the retiree dies without recovering from disability, the payment received preceding his death. Provided, however, the disability retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as described in Section 2-270, subsection (a)(1) or(a)(2), which shall be the actuarial equivalent of the normal form of benefit. Sec. 2-269. Vesting. If a member terminates his employment as a general employee, either voluntarily or by discharge, and is not eligible for any other benefits under this system, the member shall be entitled to a monthly retirement benefit, determined in the same manner as for normal or early retirement and based upon the member's credited service, average final compensation and the benefit accrual rate as of the date of termination, payable to him commencing at member's otherwise normal or early retirement date, determined based upon his actual years of Credited Service, provided he does not elect to withdraw his accumulated contributions and provided the member survives to his otherwise normal or early retirement date. If the member does not withdraw his accumulated contributions and does not survive to his otherwise normal or early retirement date, his designated beneficiary shall be entitled to a benefit as provided herein for a deceased member, vested or eligible for retirement under Sec. 2-267, Pre-Retirement Death. The member may, in lieu of the benefit provided for above, elect to receive a refund of his accumulated contributions. Sec. 2-270. Optional Forms of Benefits. (a) In lieu of the amount and form of retirement income payable in the event of normal or early retirement (payable for life only) as specified herein, a member, upon written request to the board, may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options: (1) A retirement income of a monthly amount payable to the retiree for his lifetime, but with one-hundred twenty (120) payments guaranteed in any event. (2) A retirement income of a modified monthly amount, payable to the retiree during the lifetime of the retiree and following the death of the retiree, one hundred (100) percent, seventy-five (75) percent, sixty-six and two-thirds (66-2/3) percent or fifty (50) percent of such monthly amount payable to a joint pensioner for his lifetime. Except where the retiree's joint pensioner is his spouse, the payments to the joint pensioner as a percentage of the payments to the retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury regulations. (See Q&A-2 of 1.401(a)(9)-6) (3) A retirement income of a modified monthly amount, payable to the retiree during the lifetime of the retiree and following the death of the retiree, one hundred (100) percent, seventy-five (75) percent, sixty-six and two-thirds (66-2/3) percent or fifty (50) percent of such monthly amount payable to a joint pensioner for his lifetime. Ordinance No. 58-13-37 Page 15 of 40 AGENDA ITEM#7D JUNE 10,2013 However, in the event the person designated by the retiree predeceases the retiree, the monthly benefit shall increase to the amount payable under the standard normal form of payment for the remaining lifetime of the retiree. Except where the retiree's joint pensioner is his spouse, the payments to the joint pensioner as a percentage of the payments to the retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury regulations. (See Q&A-2 of 1.401(a)(9)-6) (4) If a member retires prior to the time at which social security benefits are payable, he may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the entire period of retirement. The amounts payable shall be as recommended by the actuaries for the system, based upon the social security law in effect at the time of the member's retirement. (5) For members who do not participate in the DROP pursuant to Section 2-286, the member may elect a percentage of benefit in a lump sum as follows: a. Ten percent (10%) of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining ninety percent (90%) paid under the normal form or as per(1), (2) or (3) above. b. Fifteen percent (15%) of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining eighty-five percent (85%) paid under the normal form or as per(1), (2) or(3) above. c. Twenty percent (20%) of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining eighty percent (80%) paid under the normal form or as per(1), (2) or(3) above. d. Twenty-five percent (25%) of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining seventy-five percent (75%) paid under the normal form or as per (1), (2) or (3) above. (b) The member, upon electing any option of this Section, will designate the joint pensioner (subsection (a)(2) or (a)(3) above) or beneficiary (or beneficiaries) to receive the benefit, if any, payable under the system in the event of member's death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one or more primary beneficiaries where applicable. If a member has elected an option with a joint pensioner or beneficiary and member's retirement income benefits have commenced, the member may thereafter change his designated beneficiary at any time, but may only change his joint pensioner if the designated joint pensioner and the member were married at the time of member's retirement and are divorced subsequent thereto and the joint pensioner is alive at the time of the change. In the absence of proof of good health of the joint pensioner being replaced, the actuary will assume that the joint pensioner has deceased for purposes of calculating the new payment. (c) The consent of a member's or retiree's joint pensioner or beneficiary to any such change shall not be required. The rights of all previously-designated beneficiaries to receive benefits under the system shall thereupon cease. (d) Upon change of a retiree's joint pensioner in accordance with this Section, the amount of the retirement income payable to the retiree shall be actuarially determined to take into account the age and sex of the former joint pensioner, the new joint pensioner and the retiree. Any such retiree shall pay the actuarial recalculation expenses. Each request for a change will be made in writing and notarized on a form prepared by the board and on completion will be filed with the board. In the Ordinance No. 58-13-37 Page 16 of 40 AGENDA ITEM#7D JUNE 10,2013 event that no designated beneficiary survives the retiree, such benefits as are payable in the event of the death of the retiree subsequent to his retirement shall be paid as provided in Section 2-271. (e) Retirement income payments shall be made under the option elected in accordance with the provisions of this Section and shall be subject to the following limitations: (1) If a member or person eligible for a benefit dies prior to his normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under Section 2-267. (2) If the designated beneficiary (or beneficiaries) or joint pensioner dies before the member's retirement under the system, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the member upon his retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this Section or a new beneficiary is designated by the member prior to his retirement. (3) If both the retiree and the beneficiary (or beneficiaries) designated by member or retiree die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provisions of subsection (a), the board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 2-271. (4) If a member continues beyond his normal retirement date pursuant to the provisions of Section 2-266, subsection (a), and dies prior to his actual retirement and while an option made pursuant to the provisions of this Section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a beneficiary (or beneficiaries) designated by the member in the amount or amounts computed as if the member had retired under the option on the date on which his death occulTed. (5) The member's benefit under this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (701/2) or the calendar year in which the member terminates employment with the city. (f) A retiree may not change his retirement option after the date of cashing or depositing his first retirement check. (g) Notwithstanding anything herein to the contrary, the board in its discretion, may elect to make a lump sum payment to a member or a member's beneficiary in the event that the total commuted value of the monthly income payments to be paid do not exceed one thousand dollars ($1,000.00). Any such payment made to any person pursuant to the power and discretion conferred upon the board by the preceding sentence shall operate as a complete discharge of all obligations under the system with regard to such member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. Sec. 2-271. Beneficiaries. (a) Each member or retiree may, on a form provided for that purpose, signed and filed with the board, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of his death. Each designation may be revoked or changed by such member or retiree by signing and filing with the board a new designation-of-beneficiary form. Upon such Ordinance No. 58-13-37 Page 17 of 40 AGENDA ITEM#7D JUNE 10,2013 change, the rights of all previously designated beneficiaries to receive any benefits under the system shall cease. (b) If a deceased member or retiree failed to name a beneficiary in the manner prescribed in subsection (a), or if the beneficiary (or beneficiaries) named by a deceased member or retiree predeceases the member or retiree, the death benefit, if any, which may be payable under the system with respect to such deceased member or retiree, shall be paid to the estate of the member or retiree and the board, in its discretion, may direct that the commuted value of the remaining monthly income benefits be paid in a lump sum. (c) Any payment made to any person pursuant to this Section shall operate as a complete discharge of all obligations under the system with regard to the deceased member and any other persons with rights under the system and shall not be subject to review by anyone but shall be final, binding and conclusive on all persons ever interested hereunder. Sec 2-272. Claims procedures. (a) The board shall establish administrative claims procedures to be utilized in processing written requests ("claims"), on matters which affect the substantial rights of any person ("Claimant"), including members, retirees, beneficiaries, or any person affected by a decision of the board. (b) The board shall have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and at any proceedings provided for in the board's claims procedures. The Claimant may request in writing the issuance of subpoenas by the board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in Florida Statutes. Sec. 2-273. Roster of retirees. The secretary of the board shall keep a record of all persons enjoying a pension under the provisions of this ordinance in which it shall be noted the time when the pension is allowed and when the same shall cease to be paid. Additionally, the secretary shall keep a record of all members in such a manner as to show the name, address, date of employment and date of termination of employment. Sec. 2-274. Maximum pension. (a) Basic limitation. Notwithstanding any other provisions of this system to the contrary, the member contributions paid to, and retirement benefits paid from, the system shall be limited to such extent as may be necessary to conform to the requirements of IRC Section 415 for a qualified retirement plan. Before January 1, 1995, a plan member may not receive an annual benefit that exceeds the limits specified in IRC Section 415(b), subject to the applicable adjustments in that section. On and after January 1, 1995, a plan member may not receive an annual benefit that exceeds the dollar amount specified in IRC Section 415(b)(1)(A) ($160,000), subject to the applicable adjustments in IRC Section 415(b) and subject to any additional limits that may be specified in this System. For purposes of this section, "limitation year" shall be the calendar year. (b) Adjustments to Basic Limitation forFolm of Benefit. (1) For a benefit paid in a form to which IRC section 417(e)(3) does not apply (generally, a monthly benefit), the actuarially equivalent straight life annuity benefit that is the greater of: Ordinance No. 58-13-37 Page 18 of 40 AGENDA ITEM#7D JUNE 10,2013 a. The annual amount of the straight life annuity (if any) payable to the member under the plan commencing at the same annuity starting date as the form of benefit to the member, or b. The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the form of benefit payable to the member, computed using a 5 percent interest assumption (or the applicable statutory interest assumption) and (i) for years prior to January 1, 2009, the applicable mortality tables described in Treasury Regulation Section 1.417(e)-1(d)(2) (Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Rulings 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in IRC section 417(e)(3)(B) (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing IRC section 417(e)(3)(B)); or (2) For a benefit paid in a form to which IRC section 417(e)(3) applies (generally, a lump sum benefit), the actuarially equivalent straight life annuity benefit that is the greatest of: a. The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable, computed using the interest rate and mortality table, or tabular factor, specified in the plan for actuarial experience; b. The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable, computed using a 5.5 percent interest assumption (or the applicable statutory interest assumption) and (i) for years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulation Section 1.417(e)-1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Ruling 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in IRC section 417(e)(3)(B) (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing IRC section 417(e)(3)(B)); or c. The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable (computed using the applicable interest rate for the distribution under Treasury Regulation Section 1.417(e)-1(d)(3) (the 30-year Treasury rate (prior to January 1, 2007, using the rate in effect for the month prior to retirement, and on and after January 1, 2007, using the rate in effect for the first day of the plan year with a one-year stabilization period)) and (i) for years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulation Section 1.417(e)-1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Ruling 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in IRC section 417(e)(3)(B) (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing IRC section 417(e)(3)(B)), divided by 1.05. (c) Benefits Not Taken into Account. For purposes of this Section, the following benefits shall not be taken into account in applying these limits: Ordinance No. 58-13-37 Page 19 of 40 AGENDA ITEM#7D JUNE 10,2013 (1) . Any ancillary benefit which is not directly related to retirement income benefits; (2) Any other benefit not required under §415(b)(2) of the IRC and Regulations thereunder to be taken into account for purposes of the limitation of IRC Section 415(b)(1). (d) COLA Effect. Effective on and after January 1, 2003, for purposes of applying the limits under IRC Section 415(b) (the "Limit"), the following will apply: (1) member's ef rstpcalendar year of benefit applied payments without rebgard to any automatic cost of living adjustments; (2) thereafter, in any subsequent calendar year, a member's annual benefit, including any automatic cost of living increases, shall be tested under the then applicable benefit limit including any adjustment to the IRC Section 415(b)(1)(A) dollar limit under IRC Section 415(d), and the regulations thereunder; but (3) in no event shall a member's benefit payable under the system in any calendar year be greater than the limit applicable at the annuity starting date, as increased in subsequent years pursuant to IRC Section 415(d) and the regulations thereunder. Unless otherwise specified in the system, for purposes of applying the limits under IRC Section 415(b), a Member's applicable limit will be applied taking into consideration cost of living increases as required by Section 415(b) of the IRC and applicable Treasury Regulations. (e) Other Adjustments in Limitations. (1) In the event the member's retirement benefits become payable before age sixty-two (62), the limit prescribed by this section shall be reduced in accordance with regulations issued by the Secretary of the Treasury pursuant to the provisions of IRC Section 415(b) of the IRC, so that such limit (as so reduced) equals an annual straight life benefit (when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000) annual benefit beginning at age sixty-two (62). (2) In the event the member's benefit is based on at least fifteen (15) years of credited service as a full-time employee of the police department of the City, the adjustments provided for in (e)(1) above shall not apply. (3) provided in rie disability benefits pursuant to Sec. 2-268, or pre etrment death benefits paid pursuant to Sec. 2-267. (4) In the event the member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limit set forth in subsection (a) herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. (f) Less than Ten (10) Years of Participation or Service. The maximum retirement benefits payable under this section to any member who has completed less than ten (10) years of credited service with the City shall be the amount determined under subsection (a) of this section multiplied by a fraction, the numerator of which is the number of the member's years of credited service and the denominator of which is ten (10). The reduction provided by this subsection cannot reduce the maximum benefit below 10% of the limit determined without regard to this subsection. The reduction provided for in this subsection shall not be applicable to pre-retirement disability benefits paid pursuant to Sec. 2-268, or pre-retirement death benefits paid pursuant to Sec. 2-267. Ordinance No. 58-13-37 Page 20 of 40 AGENDA ITEM#7D JUNE 10,2013 (g) Participation in Other Defined Benefit Plans. The limit of this section with respect to any member who at any time has been a member in any other defined benefit plan as defined in IRC Section 414(j) maintained by the City shall apply as if the total benefits payable under all City defined benefit plans in which the member has been a member were payable from one plan. (h) Ten Thousand Dollar ($10,000) Limit; Less Than Ten Years of Service. Notwithstanding anything in this section 2-274, the retirement benefit payable with respect to a member shall be deemed not to exceed the limit set forth in this subsection (h) of section 2-274 if the benefits payable, with respect to such member under this system and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable plan year and for any prior plan year and the City has not any time maintained a qualified defined contribution plan in which the member participated; provided, however, that if the member has completed less than ten (10) years of credited service with the City, the limit under this subsection (h) of section 2-274 shall be a reduced limit equal to ten thousand dollars ($10,000) multiplied by a fraction, the numerator of which is the number of the member's years of credited service and the denominator of which is ten (10). (i) Reduction of Benefits. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the member's benefit under any defined benefit plans in which member participated, such reduction to be made first with respect to the plan in which member most recently accrued benefits and thereafter in such priority as shall be determined by the board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the member participated, such reduction to be made first with respect to the plan in which member most recently accrued benefits and thereafter in such priority as shall be established by the board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the board and the plan administrator of all other plans covering such member. (j) Service Credit Purchase Limits. (1) Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, if a member makes one or more contributions to purchase permissive service credit under the system, as allowed in Sections 2-283, and 2-284, then the requirements of this section will be treated as met only if: a. the requirements of IRC Section 415(b) are met, determined by treating the accrued benefit derived from all such contributions as an annual benefit for purposes of IRC Section 415(b), or b. the requirements of IRC Section 415(c) are met, determined by treating all such contributions as annual additions for purposes of IRC Section 415(c). c. For purposes of applying subparagraph (j)(1)a.., the System will not fail to meet the reduced limit under IRC Section 415(b)(2)(C) solely by reason of this subparagraph c., and for purposes of applying subparagraph (j)(1)b. the System will not fail to meet the percentage limitation under Section 415(c)(1)(B) of the IRC solely by reason of this subparagraph c. (2) For purposes of this subsection the term "permissive service credit" means service credit— a. recognized by the system for purposes of calculating a member's benefit under the plan, b. which such member has not received under the plan, and Ordinance No. 58-13-37 Page 21 of 40 AGENDA ITEM#7D JUNE 10,2013 c. which such member may receive only by making a voluntary additional contribution, in an amount determined under the system, which does not exceed the amount necessary to fund the benefit attributable to such service credit. Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, such term may, if otherwise provided by the system, include service credit for periods for which there is no performance of service, and, notwithstanding clause (j)(2)b., may include service credited in order to provide an increased benefit for service credit which a member is receiving under the system. (3) For purposes of applying the limits in this subsection (j)., only and for no other purpose, the definition of compensation where applicable will be compensation actually paid or made available during a calendar year, except as noted below and as permitted by Treasury Regulations Section 1.415(c)-2, or successor regulations. Unless another definition of compensation that is permitted by Treasury Regulations Section 1.415(c)-2, or successor regulation, is specified by the system, compensation will be defined as wages within the meaning of IRC Section 3401(a) and all other payments of compensation to an employee by an employer for which the employer is required to furnish the employee a written statement under IRC Sections 6041(d), 6051(a)(3) and 6052 and will be determined without regard to any rules under IRC Section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in IRC Section 3401(a)(2). a. However, for calendar years beginning after December 31, 1997, compensation will also include amounts that would otherwise be included in compensation but for an election under IRC Sections 125(a), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b). For calendar years beginning after December 31, 2000, compensation will also include any elective amounts that are not includible in the gross income of the employee by reason of IRC Section 132(f)(4). b. For limitation years beginning on and after January 1, 2007, compensation for the calendar year will also include compensation paid by the later of 21/2 months after an employee's severance from employment or the end of the calendar year that includes the date of the employee's severance from employment if: 1. the payment is regular compensation for services during the employee's regular working hours, or compensation for services outside the employee's regular working hours (such as overtime or shift differential), commissions, bonuses or other similar payments, and, absent a severance from employment, the payments would have been paid to the employee while the employee continued in employment with the employer; or 2. the payment is for unused accrued bona fide sick, vacation or other leave that the employee would have been able to use if employment had continued. c. Back pay, within the meaning of Treasury Regulations Section 1.415(c)- 2(g)(8), shall be treated as compensation for the limitation year to which the back pay relates to the extent the back pay represents wages and compensation that would otherwise be included under this definition. Ordinance No. 58-13-37 Page 22 of 40 AGENDA ITEM#7D JUNE 10,2013 (4) Notwithstanding any other provision of law to the contrary, the board may modify a request by a member to make a contribution to the system if the amount of the contribution would exceed the limits provided in IRC Section 415 by using the following methods: a. If the law requires a lump sum payment for the purchase of service credit, the board may establish a periodic payment deduction plan for the member to avoid a contribution in excess of the limits under IRC Sections 415(c) or 415(n). b. If payment pursuant to subparagraph (j)(4)a. will not avoid a contribution in excess of the limits imposed by IRC Section 415(c), the board may either reduce the member's contribution to an amount within the limits of that section or refuse the member's contribution. (5) If the annual additions for any member for a plan year exceed the limitation under section 415(c) of the code, the excess annual addition will be corrected as permitted under the Employee Plans Compliance Resolution System (or similar IRS correction program). (6) For limitation s of this subject onr(j)r shall notuexceed t009annual limit undepr-esection 401(a)(17) of the code. (k) Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: (1) The normal retirement benefit or pension payable to a retiree who becomes a member of the system and who has not previously participated in such system, on or after January 1, 1980, shall not exceed one hundred percent (100%) of his average final compensation. However, nothing contained in this section shall apply to supplemental retirement benefits or to pension increases attributable to cost-of-living increases or adjustments. (2) No member of the system shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. Sec. 2-275. Minimum distribution of benefits. (a) General rules. (1) Effective date. Effective as of January 1, 1989, the plan will pay all benefits in accordance with a good faith interpretation of the requirements of IRC Section 401(a)(9) and the regulations in effect under that section, as applicable to a governmental plan within the meaning of IRC Section 414(d). Effective on and after January 1, 2003, the plan is also subject to the specific provisions contained in this Section. The provisions of this section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. (2) Precedence. The requirements of this section will take precedence over any inconsistent provisions of the plan. Ordinance No. 58-13-37 Page 23 of 40 AGENDA ITEM#7D JUNE 10,2013 (3) TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this section other than this subsection (a)(3), distributions may be made under a designation made before January 1, 1984, in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that related to Section 242(b)(2) of TEFRA. (b) Time and manner of distribution. (1) Required beginning date. The member's entire interest will be distributed, or begin to be distributed, to the member no later than the member's required beginning date which shall not be later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (70 '/) or the calendar year in which the member terminates employment with the city. (2) Death of member before distributions begin. If the member dies before distributions begin, the member's entire interest will be distributed, or begin to be distributed no later than as follows: a. If the member's surviving spouse is the member's sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date on or before December 31 of the calendar year in which the member would have attained age 70 1/2, if later, as the surviving spouse elects. b. If the member's surviving spouse is not the member's sole designated beneficiary, then, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died. c. If there is no designated beneficiary as of September 30 of the year following the year of the member's death, the member's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the member's death. d. If the member's surviving spouse is the member's sole designated beneficiary and the surviving spouse dies after the member but before distributions to the surviving spouse begin, this subsection (b)(2), other than subsection (b)(2)a., will apply as if the surviving spouse were the member. For purposes of this subsection (b)(2). and subsection (e), distributions are considered to begin on the member's required beginning date or, if subsection (b)(2)d. applies, the date of distributions are required to begin to the surviving spouse under subsection (b)(2)a. If annuity payments irrevocably commence to the member before the member's required beginning date (or to the member's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection (b)(2)a.) the date distributions are considered to begin is the date distributions actually commence. (3) Death After Distributions Begin. If the member dies after the required distribution of benefits has begun, the remaining portion of the member's interest must be distributed at least as rapidly as under the method of distribution before the member's death. (4) Form of distribution. Unless the member's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with this section. If the member's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder Ordinance No. 58-13-37 Page 24 of 40 AGENDA ITEM#7D JUNE 10,2013 will be made in accordance with the requirements of Section 401(a)(9) of the IRC and Treasury regulations. Any part of the member's interest which is in the form of an individual account described in Section 414(k) of the IRC will be distributed in a manner satisfying the requirements of Section 401(a)(9) of the IRC and Treasury regulations that apply to individual accounts. (c) Determination of amount to be distributed each year: (1) distributions under the plan, payments member's underethet annuity paid will satisfy form hefollorwing u requirements: a. The annuity distributions will be paid in periodic payments made at intervals not longer than one year. b. The member's entire interest must be distributed pursuant to Sec. 2-266, Sec. 2-267, Sec. 2-269, or Sec. 2-270 (as applicable) and in any event over a period equal to or less than the member's life or the lives of the member and a designated beneficiary, or over a period not extending beyond the life expectancy of the member or of the member and a designated beneficiary. The life expectancy of the member, the member's spouse, or the member's beneficiary may not be recalculated after the initial determination for purposes of determining benefits. (2) Amount requited to be distributed by required beginning date. The amount that must be distributed on or before the member's required beginning date (or, if the member dies before distributions begin, the date distributions are required to begin under Sec. 2-266) is the payment that is required for one payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., monthly. All of the member's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the member's required beginning date. (3) Additional accruals after fist dlstr7butlon calendar year: Any additional benefits accruing to the member in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. (d) General distribution rules. (1) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of IRC Section 401(a)(9)(G), and effective for any annuity commencing on or after January 1, 2008, the minimum distribution incidental benefit rule under Treasury Regulation Section 1.401(a)(9)-6, Q&A-2. (2) The death and disability benefits provided by the plan are limited by the incidental benefit rule set forth in IRC Section 401(a)(9)(G) and Treasury Regulation Section 1.401-1(b)(1)(I) or any successor regulation thereto. As a result, the total death or disability benefits payable may not exceed 25% of the cost for all of the members' benefits received from the retirement system. (e) Definitions. Ordinance No. 58-13-37 Page 25 of 40 AGENDA ITEM#7D JUNE 10,2013 (1) Designated beneficiary. The individual who is designated as the beneficiary under the 1�401(a)(9) 1, Q&A--4aof the Treasury regulations.Section 401(a)(9) of the IRC and Section (2) Distribution calendar year: A calendar year for which a minimum distribution is required. For distributions beginning before the member's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the member's required beginning date. For distributions beginning after the member's death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to Sec. 2-266. Sec. 2-276. Miscellaneous provisions. (a) Interest of members in system. All assets of the fund are held in trust, and at no time prior to the satisfaction of all liabilities under the system with respect to retirees and members and their spouses or beneficiaries, shall any part of the corpus or income of the fund be used for or diverted to any purpose other than for their exclusive benefit. (b) No reduction of accrued benefits. No amendment or ordinance shall be adopted by the City Commission of the City of Atlantic Beach which shall have the effect of reducing the then vested accrued benefits of members or a member's beneficiaries. (c) Qualification of system. It is intended that the system will constitute a qualified public pension plan under the applicable provisions of the IRC for a qualified plan under IRC section 401(a) and a governmental plan under IRC section 414(d), as now in effect or hereafter amended. Any modification or amendment of the system may be made retroactively, if necessary or appropriate, to qualify or maintain the system as a Plan meeting the requirements of the applicable provisions of the IRC as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. (d) Use of forfeitures. Forfeitures arising from terminations of service of members shall serve only to reduce future City contributions. (e) Prohibited Transactions. Effective as of January 1, 1989, a board may not engage in a transaction prohibited by IRC Section 503(b). (fl USERRA. Effective December 12, 1994, notwithstanding any other provision of this system, contributions, benefits and service credit with respect to qualified military service are governed by IRC Section 414(u) and the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended. To the extent that the definition of"credited service" sets forth contribution requirements that are more favorable to the member than the minimum compliance requirements, the more favorable provisions shall apply. (g) Vesting. (1) Member will be 100% vested in all benefits upon attainment of the plan's age and service requirements for the plan's normal retirement benefit; and (2) A member will be 100% vested in all accrued benefits, to the extent funded, if the plan is terminated or experiences a complete discontinuance of employer contributions. Ordinance No. 58-13-37 Page 26 of 40 AGENDA ITEM#7D JUNE 10,2013 (h) Electronic Forms. In those circumstances where a written election or consent is not required by the plan or the IRC, an oral, electronic, or telephonic form in lieu of or in addition to a written form may be prescribed by the board. However, where applicable, the board shall comply with Treas. Reg. § 1.401(a)-21. Sec. 2-277. Domestic Relations Orders; Retiree Directed Payments; Exemption from Execution, Non-assignability. (a) Domestic relations orders. (1) Prior to the entry of any domestic relations order which affects or purports to affect the system's responsibility in connection with the payment of benefits of a retiree, the member or retiree shall submit the proposed order to the board for review to determine whether the system may legally honor the order. (2) If a domestic relations order is not submitted to the board for review prior to entry of the order, and the system is ordered to take action that it may not legally take, and the system expends administrative or legal fees in resolving the matter, the member or retiree who submits such an order will be required to reimburse the system for its expenses in connection with the order. (b) Retiree directed payments. The board may, upon written request by a retiree or by a dependent, when authorized by a retiree or the retiree's beneficiary, authorize the system to withhold from the monthly retirement payment those funds that are necessary to pay for the benefits being received through the City, and to make any payments for child support or alimony. (c) Exemption from execution, non-assignability. Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this ordinance and the accumulated contributions and the cash securities in the fund created under this ordinance are hereby exempted from any state, county or municipal tax and shall not be subject to execution, attachment, garnishment or any legal process whatsoever and shall be unassignable. Sec. 2-278. Pension validity. The board shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. The board is empowered to purge the pension rolls or correct the pension amount of any person heretofore granted a pension under prior or existing law or any person hereafter granted a pension under this ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall hereafter under this ordinance be erroneously, improperly or illegally classified. Any overpayments or underpayments shall be corrected and paid or repaid in a reasonable manner determined by the board. Sec. 2-279. Forfeiture of Pension. (a) Any member who is convicted of the following offenses committed prior to retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this system, except for the return of his accumulated contributions without interest as of the date of termination. Specified offenses are as follows: (1) The committing, aiding or abetting of an embezzlement of public funds; Ordinance No. 58-13-37 Page 27 of 40 I'I AGENDA ITEM#7D JUNE 10,2013 (2) The committing, aiding or abetting of any theft by a public officer or employee from employer; (3) Bribery in connection with the employment of a public officer or employee; (4) Any felony specified in Chapter 838, Florida Statutes; (5) The committing of an impeachable offense; (6) The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employment position; or (7) The committing on or after October 1, 2008, of any felony defined in Section 800.04, Florida Statutes, against a victim younger than sixteen (16) years of age, or any felony defined in Chapter 794, Florida Statutes, against a victim younger than eighteen (18) years of age, by a public officer or employee through the use or attempted use of power, rights, privileges, duties, or position of his or her public office or employment position. (b) Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. (c) Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. Prior to forfeiture, the board shall hold a hearing on which notice shall be given to the member whose benefits are being considered for forfeiture. Said member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the member shall be afforded a full opportunity to present his case against forfeiture. (d) Any member who has received benefits from the system in excess of his accumulated contributions after member's rights were forfeited shall be required to pay back to the fund the amount of the benefits received in excess of his accumulated contributions. The board may implement all legal action necessary to recover such funds. Sec. 2-280. Indemnification. (a) To the extent not covered by insurance contracts in force from time to time, the City shall indemnify, defend and hold harmless members of the board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "claims", against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the board. The City reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify, defend and hold harmless any members of the board from the judgment, execution, or levy thereon. 28 of 40 Ordinance No. 58-13-37 AGENDA ITEM#7D JUNE 10,2013 (b) This Section shall not be construed so as to relieve any insurance company or other entity liable to defend the claim or liable for payment of the judgment or claim, from any liability, nor does this Section waive any provision of law affording the City immunity from any suit in whole or part, or waive any other substantive or procedural rights the City may have. (c) This Section shall not apply nor shall the City be responsible in any manner to defend or pay for claims arising out of acts or omissions of members of the board which constitute felonies or gross malfeasance or gross misfeasance in office. Sec. 2-281 Direct Transfers of Eligible Rollover Distributions. (a) Rollover Distributions. (1) General. This Section applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (2) Definitions. a. Eligible rollover distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the IRC and the portion of any distribution that is not includible in gross income. Effective January 1, 2002, any portion of any distribution which would be includible in gross income as after-tax employee contributions will be an eligible rollover distribution if the distribution is made to an individual retirement account described in section 408(a); to an individual retirement annuity described in section 408(b); to a qualified defined contribution plan described in section 401(a) or 403(a) that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of such distribution which is includible in gross income and portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible; or on or after January 1, 2007, to a qualified defined benefit plan described in IRC Section 401(a) or to an annuity contract described in IRC Section 403(b), that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible. b. Ehglble retirement plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the IRC; an individual retirement annuity described in section 408(b) of the IRC; an annuity plan described in section 403(a) of the IRC; effective January 1, 2002, an eligible deferred compensation plan described in section 457(b) of the IRC which is maintained by an eligible employer described in section 457(e)(1)(A) of the Ordinance No. 58-13-37 Page 29 of 40 AGENDA ITEM#7D JUNE 10,2013 IRC and which agrees to separately account for amounts transferred into such plan from this plan; effective January 1, 2002, an annuity contract described in section 403(b) of the IRC; a qualified trust described in section 401(a) of the IRC; or effective January 1, 2008, a Roth IRA described in Section 408A of the IRC that accepts the distributee's eligible rollover distribution. This definition shall apply in the case of an eligible rollover distribution to the surviving spouse. c. Dlstrlbutee: A distributee includes an employee or former employee. It also includes the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse. Effective January 1, 2007, it further includes a nonspouse beneficiary who is a designated beneficiary as defined by IRC Section 401(a)(9)(E). However, a nonspouse beneficiary may rollover the distribution only to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribution and the account or annuity will be treated as an "inherited" individual retirement account or annuity. d. Direct rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. (b) Rollovers or transfers into the fund On or after January 1, 2002, the system will accept, solely for the purpose of purchasing credited service as provided herein, permissible member requested transfers of funds from other retirement or pension plans, member rollover cash contributions and/or direct cash rollovers of distributions made on or after January 1, 2002, as follows: (1) Transfers and dlrectrollovers or member rollover contributlonsfrom other plans. The system will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in section 401(a) or 403(a) of the IRC, from an annuity contract described in section 403(b) of the IRC or from an eligible plan under section 457(b) of the IRC which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. The system will also accept legally permissible member requested transfers of funds from other retirement or pension plans. (2) Member Rollover Contributions from IRAs. The system will accept a member rollover contribution of the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the IRC that is eligible to be rolled over. (3) Elimination of mandatory distributions. Notwithstanding any other provision herein to the contrary, in the event this Plan provides for a mandatory (involuntary) cash distribution from the Plan not otherwise required by law, for an amount in excess of one-thousand dollars ($1,000.00), such distribution shall be made from the Plan only upon written request of the member and completion by the member of a written election on forms designated by the board, to either receive a cash lump sum or to rollover the lump sum amount. Sec. 2-282. Family and Medical Leave Act. The fractional parts of the twelve (12) month period ending each March 1 that a member is on leave without pay from the City pursuant to the Family and Medical Leave Act (FMLA) shall be added to his credited service provided that: Page 30 of 40 Ordinance No. 58-13-37 AGENDA ITEM#7D JUNE 10,2013 (1) The member contributes to the fund an actuarially determined amount so that the crediting of the purchased service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) The request for credited service for FMLA leave time for the twelve (12) month period prior to each March 1 and payment of professional fees shall be made on or before March 31. (3) Payment by the member of the required amount shall be made on or before April 30 for the preceding twelve (12) month period ending March 1 and shall be made in one (1) lump sum payment upon receipt of which credited service shall be issued. (4) Credited Service purchased pursuant to this Section shall not count toward vesting. Sec. 2-283. Military Service Prior to Employment. The years or fractional parts of years that a general employee serves or has served on active duty in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily and honorably or under honorable conditions, prior to first and initial employment with the City shall be added to his years of credited service provided that: (1) The member contributes to the fund the sum that he would have contributed,based on his salary and the member contribution rate in effect at the time that the credited service is requested, had he been a member of the system for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) Multiple requests to purchase credited service pursuant to this Section may be made at any time prior to retirement. (3) Payment by the member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one (1) lump sum payment upon receipt of which credited service shall be given or the member may elect to make payment for the requested credited service over a period of time as provided for in paragraph (6) below. (4) The maximum credit under this Section shall be five (5) years. (5) Credited Service purchased pursuant to this Section shall count for all pension purposes, except vesting and eligibility for not-in-line of duty disability benefits. (6) In lieu of the lump sum payment provided for in paragraph (3) above, a member may elect to make payments over a period of time in order to fully pay the amount provided for in paragraph (1). The member shall be required to notify the board, in writing, of his election to make payments in the manner provided for in this paragraph. The payment plan provided for in this paragraph shall be subject to the following terms: a. The principal amount to be paid shall be determined as set forth in paragraph (1) above. Ordinance No. 58-13-37 Page 31 of 40 AGENDA ITEM it 7D JUNE 10,2013 b. The original principal amount shall be amortized over the period beginning with the first payment and ending at the end of a period equal to the number of years changes being interest atde provided for in su subparagraph c. below.�y to reflect g c. Payments shall consist of principal and interest at a rate equal to the actuarially assumed rate of return on plan investments. d. Payments shall be made by payroll deduction from each paycheck on an after- tax basis. e. In the event that a member dies, retires (including entry into the Deferred Retirement Option Plan (DROP)) or otherwise terminates his employment, without having made full payment of the principal amount necessary to receive all credited service requested, the member shall receive so much of the credited service requested, determined using procedures established by the actuary, which could be purchased with the amount of principal paid by the member to the date of his death or termination of employment. f. In the event that the member's employment is terminated for any reason and he is not entitled to any benefit from the plan other than the return of the amounts he has had deducted from his paycheck as his normal contribution to the plan, the amounts which the member has paid pursuant to this subsection to purchase additional credited service, shall be returned to him including all interest paid. Sec. 2-284. Prior government service. Unless otherwise prohibited by law, the years or fractional parts of years that a general employee who was previously a member, but who terminated employment and received a refund of his contributions or who terminated employment and is not otherwise entitled to credited service for such previous period of employment as a general employee, or the years or fractional parts of years that a member previously served as an employee for any governmental agency in the United States, including but not limited to federal, state or local government service, and for which he does not otherwise qualify for and receive credit under this system, shall be added to his years of credited service provided that: (1) The member contributes to the fund the sum that he would have contributed, based on his salary and the member contribution rate in effect at the time that the credited service is requested, had he been a member of the system for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) Multiple requests to purchase credited service pursuant to this Section may be made at any time prior to retirement. (3) Payment by the member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one lump sum payment upon receipt of which credited service shall be given or the member may elect to make payment for the requested credited service over a period of time as provided for in paragraph (6) below. Ordinance No. 58-13-37 Page 32 of 40 AGENDA ITEM#7D JUNE 10,2013 (4) The maximum credit under this section for service other than with the City of shall be five (5) years of credited service and shall count for all pension purposes, except vesting and eligibility for disability benefits. There shall be no maximum purchase of credit for prior service with the City of Atlantic Beach and such credit shall count for all pension purposes, including vesting. (5) In no event, however, may credited service be purchased pursuant to this Section for prior service with any other governmental agency, if such prior service forms or will form the basis of a retirement benefit or pension from a different employers' retirement system or plan as set forth in Section 2-274, subsection (k)(2). (6) In lieu of the lump sum payment provided for in paragraph (3) above, a member may elect to make payments over a period of time in order to fully pay the amount provided for in paragraph (1). The member shall be required to notify the board, in writing, of his election to make payments in the manner provided for in this paragraph. The payment plan provided for in this paragraph shall be subject to the following terms: a. The principal amount to be paid shall be determined as set forth in paragraph (1) above. b. The original principal amount shall be amortized over the period beginning with the first payment and ending at the end of a period equal to the number of years being purchased and shall be reamortized annually if necessary to reflect changes in the interest rate provided for in subparagraph c. below. c. Payments shall consist of principal and interest at a rate equal to the actuarially assumed rate of return on plan investments d. Payments shall be made by payroll deduction from each paycheck on an after- tax basis. e. In the event that a member dies, retires (including entry into the Deferred Retirement Option Plan (DROP)) or otherwise terminates his employment, without having made full payment of the principal amount necessary to receive all credited service requested, the member shall receive so much of the credited service requested, determined using procedures established by the actuary, which could be purchased with the amount of principal paid by the member to the date of his death or termination of employment. f. In the event that the member's employment is terminated for any reason and he is not entitled to any benefit from the plan other than the return of the amounts he has had deducted from his paycheck as his normal contribution to the plan, the amounts which the member has paid pursuant to this subsection to purchase additional credited service, shall be returned to him, including all interest paid. Sec. 2-285. Reemployment after retirement. (a) Any retiree who is retired under this system, except for disability retirement as previously provided for, may be reemployed by any public or private employer, except the city, and may receive compensation from that employment without limiting or restricting in any way the Ordinance No. 58-13-37 Page 33 of 40 AGENDA ITEM#7D JUNE 10,2013 retirement benefits payable under this system. Reemployment by the city shall be subject to the limitations set forth in this section. (b) After normal retirement. Any retiree who is retired under normal retirement pursuant to this system and who is reemployed by the city after that retirement shall be ineligible to participate in this system and shall, during the period of such reemployment, continue to receive retirement benefits previously earned. (c) After early retirement Any retiree who is retired under early retirement pursuant to this system and who subsequently becomes an employee of the city in any capacity shall be ineligible to participate in this system and shall discontinue receipt of benefits from the system. Pension benefit payments shall be suspended for the period of any such reemployment, but shall be restored upon the earlier of termination of employment or such time as the reemployed retiree reaches the date that he would have been eligible for normal retirement under this system had he continued employment and not elected early retirement. Retirement pursuant to an early retirement incentive program shall be deemed early retirement for purposes of this section if the member was permitted to retire prior to the customary retirement date provided for in the system at the time of retirement. (d) Reemployment of terminated vested persons. Reemployed terminated vested persons shall not be subject to the provisions of this section until such time as they begin to actually receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as normal or early retirees for purposes of applying the provisions of this section and their status as an early or normal retiree shall be determined by the date they elect to begin to receive their benefit. (e) DROP participants. Members or retirees who are or were in the deferred retirement option plan shall, following termination of employment after DROP participation shall be subject to the above restrictions. Sec. 2-286. Deferred retirement option plan. (a) Definitions. As used in this Section 2-286, the following definitions apply: (1) "DROP" -- The City of Atlantic Beach General Employees' Retirement System Deferred Retirement Option Plan. (2) "DROP Account" -- The account established for each DROP participant under subsection (c). (b) Participation. (1) Eligibility to Participate. In lieu of terminating his employment as a general employee, any member who is eligible for normal or early retirement under the system may elect to defer receipt of such service retirement pension and to participate in the DROP. (2) Election to Participate. A member's election to participate in the DROP must be made in writing in a time and manner determined by the board and shall be effective on the first day of the first calendar month which is at least fifteen (15) business days after it is received by the board. (3) Period of Participation. A member who elects to participate in the DROP under subsection (b)(2), shall participate in the DROP for a period not to exceed sixty (60) months beginning at the time his election to participate in the DROP first becomes effective. An election to participate in the DROP shall constitute an irrevocable election to resign from the service of the City not later than the date provided for in the previous sentence. A member may participate only once. Ordinance No. 58-13-37 Page 34 of 40 AGENDA ITEM#7D JUNE 10,2013 (4) Termination of Participation. a. A member's participation in the DROP shall cease at the earlier of: 1. the end of his permissible period of participation in the DROP as determined under subsection (b)(3); or 2. termination of his employment as a general employee. b. Upon the member's termination of participation in the DROP, pursuant to subsection a.l. above, all amounts provided for in subsection (c)(2), including monthly benefits and investment earnings and losses, shall cease to be transferred from the system to his DROP Account. Any amounts remaining in his DROP Account shall be paid to him in accordance with the provisions of subsection (d) when he terminates employment as a general employee. c. A member who terminates his participation in the DROP under this subsection (b)(4) shall not be permitted to again become a participant in the DROP. (5) Effect of DROP Paiticipation on the System. a. A member's credited service and his accrued benefit under the system shall be determined on the date his election to participate in the DROP first becomes effective. For purposes of determining the accrued benefit, the member's salary for the purposes of calculating his average final compensation shall include an amount equal to any lump sum payments which would have been paid to the member and included as salary as defined herein, had the member retired under normal or early retirement and not elected DROP participation. Member contributions attributable to any lump sums used in the benefit calculation and not actually received by the member shall be deducted from the first payments to the member's DROP Account. The member shall not accrue any additional credited service or any additional benefits under the system (except for any additional benefits provided under any cost-of-living adjustment for retirees in the system) while he is a participant in the DROP. After a member commences participation, he shall not be permitted to again contribute to the system nor shall he be eligible for disability or pre-retirement death benefits, except as provided for in Section 2-285, Reemployment After Retirement. b. No amounts shall be paid to a member from the system while the member is a participant in the DROP. Unless otherwise specified in the system, if a member's participation in the DROP is terminated other than by terminating his employment as a general employee, no amounts shall be paid to him from the system until he terminates his employment as a general employee. Unless otherwise specified in the system, amounts transferred from the system to the member's DROP Account shall be paid directly to the member only on the termination of his employment as a general employee. (c) Funding. (1) Establishment of DROP Account. A DROP Account shall be established for each member participating in the DROP. A member's DROP Account shall consist of Ordinance No. 58-13-37 Page 35 of 40 AGENDA ITEM#7D JUNE 10,2013 amounts transferred to the DROP under subsection (c)(2), and earnings or losses on those amounts. (2) Transfers From Retirement System. a. As of the first day of each month of a member's period of participation in the DROP, the monthly retirement benefit he would have received under the system had he terminated his employment as a general employee and elected to receive monthly benefit payments thereunder shall be transferred to his DROP Account, except as otherwise provided for in subsection (b)(4)b. A member's period of participation in the DROP shall be determined in accordance with the provisions of subsections (b)(3) and (b)(4), but in no event shall it continue past the date he terminates his employment as a general employee. b. Except as otherwise provided in subsection (b)(4)b., a member's DROP Account under this subsection (c)(2) shall be debited or credited after each fiscal year quarter with earnings, determined as follows: The average daily balance in a member's DROP Account shall be credited or debited at a rate equal to the net investment return realized by the system for that quarter. "Net investment return" for the purpose of this paragraph is the total return of the assets in which the Member's DROP Account is invested by the board net of brokerage commissions, transaction costs and management fees. c. A member's DROP Account shall only be credited or debited with earnings or losses and monthly benefits while the member is a participant in the DROP. A member's final DROP account value for distribution to the member upon termination of participation in the DROP shall be the value of the account at the end of the quarter immediately preceding termination of participation plus any monthly periodic additions made to the DROP account subsequent to the end of the previous quarter and prior to distribution. If a Member fails to terminate employment after participating in the DROP for the permissible period of DROP participation, then beginning with the member's first month of employment following the last month of the permissible period of DROP participation, the member's DROP Account will no longer be credited or debited with earnings or losses, nor will monthly benefits be transferred to the DROP account. All such non-transferred amounts shall be forfeited and continue to be forfeited while the member is employed by the City. A member employed by the City after the permissible period of DROP participation will still not be eligible for pre-retirement death and disability benefits, and will not accrue additional Credited Service except as provided for in Section 2-286, Reemployment After Retirement. (d) Distribution of DROP Accounts on Termination of Employment. (1) Eligibility for Benefits. A member shall receive the balance in his DROP Account in accordance with the provisions of this subsection (d) upon his termination of employment as a general employee. Except as provided in subsection (d)(5), no amounts shall be paid to a member from the DROP prior to his termination of employment as a general employee. (2) Form of Distribution. Ordinance No. 58-13-37 Page 36 of 40 AGENDA ITEM#7D JUNE 10,2013 a. Unless the member elects otherwise, distribution of his DROP Account shall be made in a lump sum, subject to the direct rollover provisions set forth in subsection (d)(6). Elections under this paragraph shall be in writing and shall be made in such time or manner as the board shall determine. b. Notwithstanding the preceding, if a member dies before his benefit is paid, his DROP Account shall be paid to his beneficiary in such optional form as his beneficiary may select. If no beneficiary designation is made, the DROP Account shall be distributed to the member's estate. (3) Date of Payment ofDistrlbution. Except as otherwise provided in this subsection (d), distribution of a member's DROP Account shall be made as soon as administratively practicable following the member's termination of employment. Distribution of the amount in a member's DROP account will not be made unless the member completes a written request for distribution and a written election, on forms designated by the board, to either receive a cash lump sum or a rollover of the lump sum amount. (4) Proof of Death and Right ofBeneficiary or Other Person. The board may require and rely upon such proof of death and such evidence of the right of any beneficiary or other person to receive the value of a deceased member's DROP Account as the board may deem proper and its determination of the right of that beneficiary or other person to receive payment shall be conclusive. (5) Distribution Limitation. Notwithstanding any other provision of subsection (d), all distributions from the DROP shall conform to the "Minimum Distribution Of Benefits" provisions as provided for herein. (6) Direct Rollover of Certain Distributions. This subsection applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the DROP to the contrary, a distributee may elect to have any portion of an eligible rollover distribution paid in a direct rollover as otherwise provided under the System in Section 2-281. (e) Administration of DROP (1) Board Administers the DROP The general administration of the DROP, the responsibility for carrying out the provisions of the DROP and the responsibility of overseeing the investment of the DROP's assets shall be placed in the board. The members of the board may appoint from their number such subcommittees with such powers as they shall determine; may adopt such administrative procedures and regulations as they deem desirable for the conduct of their affairs; may authorize one or more of their number or any agent to execute or deliver any instrument or make any payment on their behalf; may retain counsel, employ agents and provide for such clerical, accounting, actuarial and consulting services as they may require in carrying out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such portion of their duties under the DROP, other than those granted to them as trustee under any trust agreement adopted for use in implementing the DROP, as they, in their sole discretion, shall decide. A trustee shall not vote on any question relating exclusively to himself. (2) Individual Accounts, Records and Reports. The board shall maintain records showing the operation and condition of the DROP, including records showing the individual balances in each member's DROP Account, and the board shall keep in convenient form such data as may be necessary for the valuation of the assets and liabilities of the Ordinance No. 58-13-37 Page 37 of 40 AGENDA ITEM#7D JUNE 10,20I3 DROP. The board shall prepare and distribute to members participating in the DROP and other individuals or file with the appropriate governmental agencies, as the case may be, all necessary descriptions, reports, information returns, and data required to be distributed or filed for the DROP pursuant to the IRC and any other applicable laws. (3) Establishment of Rules. Subject to the limitations of the DROP, the board from time to time shall establish rules for the administration of the DROP and the transaction of its business. The Board shall have discretionary authority to construe and interpret the DROP (including but not limited to determination of an individual's eligibility for DROP participation, the right and amount of any benefit payable under the DROP and the date on which any individual ceases to be a participant in the DROP). The determination of the board as to the interpretation of the DROP or its determination of any disputed questions shall be conclusive and final to the extent permitted by applicable law. (4) Limitation of Liability. a. The trustees shall not incur any liability individually or on behalf of any other individuals for any act or failure to act, made in good faith in relation to the DROP or the funds of the DROP. b. Neither the board nor any trustee of the board shall be responsible for any reports furnished by any expert retained or employed by the board, but they shall be entitled to rely thereon as well as on certificates furnished by an accountant or an actuary, and on all opinions of counsel. The board shall be fully protected with respect to any action taken or suffered by it in good faith in reliance upon such expert, accountant, actuary or counsel, and all actions taken or suffered in such reliance shall be conclusive upon any person with any interest in the DROP. (f) General Provisions. (1) Amendment of DROP. The DROP may be amended by an ordinance of the City at any time and from time to time, and retroactively if deemed necessary or appropriate, to amend in whole or in part any or all of the provisions of the DROP. However, except as otherwise provided by law, no amendment shall make it possible for any part of the DROP's funds to be used for, or diverted to, purposes other than for the exclusive benefit of persons entitled to benefits under the DROP. No amendment shall be made which has the effect of decreasing the balance of the DROP Account of any member. (2) Facility of Payment. If a member or other person entitled to a benefit under the DROP is unable to care for his affairs because of illness or accident or is a minor, the board shall direct that any benefit due him shall be made only to a duly appointed legal representative. Any payment so made shall be a complete discharge of the liabilities of the DROP for that benefit. (3) Infoimation. Each member, beneficiary or other person entitled to a benefit, before any benefit shall be payable to him or on his account under the DROP, shall file with the Board the information that it shall require to establish his rights and benefits under the DROP. (4) Prevention of Escheat. If the board cannot ascertain the whereabouts of any person to whom a payment is due under the DROP, the Board may, no earlier than three (3) years from the date such payment is due, mail a notice of such due and owing Ordinance No. 58-13-37 Page 38 of 40 AGENDA ITEM#7D JUNE 10,2013 payment to the last known address of such person, as shown on the records of the board or the City. If such person has not made written claim therefor within three (3) months of the date of the mailing, the board may, if it so elects and upon receiving advice from counsel to the system, direct that such payment and all remaining payments otherwise due such person be canceled on the records of the system. Upon such cancellation, the system shall have no further liability therefor except that, in the event such person or his beneficiary later notifies the board of his whereabouts and requests the payment or payments due to him under the DROP, the amount so applied shall be paid to him in accordance with the provisions of the DROP. (5) lfhitten Elections, Notification. a. Any elections, notifications or designations made by a member pursuant to the provisions of the DROP shall be made in writing and filed with the board in a time and manner determined by the board under rules uniformly applicable to all employees similarly situated. The board reserves the right to change from time to time the manner for making notifications, elections or designations by members under the DROP if it determines after due deliberation that such action is justified in that it improves the administration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail. b. Each member or retiree who has a DROP Account shall be responsible for furnishing the Board with his current address and any subsequent changes in his address. Any notice required to be given to a member or retiree hereunder shall be deemed given if directed to him at the last such address given to the board and mailed by registered or certified United States mail. If any check mailed by registered or certified United States mail to such address is returned, mailing of checks, advices and direct deposit of funds will be suspended until such time as the member or retiree notifies the board of his address. (6) Benefits Not Guaranteed All benefits payable to a Member from the DROP shall be paid only from the assets of the member's DROP Account and neither the City nor the board shall have any duty or liability to furnish the DROP with any funds, securities or other assets except to the extent required by any applicable law. Ordinance No. 58-13-37 Page 39 of 40 AGENDA ITEM#7D JUNE 10,2013 (7) Construction. a. The DROP shall be construed, regulated and administered under the laws of Florida, except where other applicable law controls. b. The titles and headings of the subsections in this Section 2-286 are for convenience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall control. (8) Forfeiture of Retirement Benefits. Nothing in this Section shall be construed to remove DROP participants from the application of any forfeiture provisions applicable to the system. DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. (9) Effect of DROP Participation on Employment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. Sec. 2-287 to 2-299. Reserved. Ordinance No. 58-13-37 Page 40 of 40 AGENDA ITEM#7D JUNE 10,2013 (9) Effect of DROP Participation on Employment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. Sec. 2-287 to 2-299. Reserved. Ordinance No. 58-13-37 Page 41 of 41 AGENDA ITEM#7E JUNE 10,2013 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Introduction and first reading of proposed Ordinance No. 90-13-216, related to application REZ-13-00100048, Atlantic Beach Country Club Special Planned Area (SPA), submitted by Rogers Towers, P.A. on behalf of Atlantic Beach Partners, LLC, as authorized by owner of record Selva Marina Country Club, Inc. Said ordinance seeks to rezone approximately 33.90 acres from Planned Unit Development to Special Planned Area. The proposed plan of development consists of redevelopment of the clubhouse and recreational amenities within the City of Atlantic Beach, while a concurrent application to the City of Jacksonville proposes redevelopment of the adjacent golf course parcel and the addition of up to one hundred eighty(180) residential lots. SUBMITTED BY: Erika Hall Principal Planner DATE: May 2, 2013 BACKGROUND: See attached staff report prepared for the Community Development Board meeting of April 16, 2013. BUDGET: No budget issues. RECOMMENDATION: Recommend approval upon first reading of proposed Ordinance No. 90-13-216, enacting Atlantic Beach Country Club Special Planned Area, consistent with the recommendation of the Community Development Board. (Public Hearing scheduled for regular City Commission meeting on July 8, 2013). ATTACHMENTS: Staff report and draft minutes from the April 16, 2013 Community Development Board meeting, proposed Ordinance 90-13-216, and supporting documents related to the Atlantic Beach Country Club SPA. REVIEWED BY CITY MANAGER: May 28,2013 Commission Briefing AGENDA ITEM#7E JUNE 10,2013 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B. CASE NO REZ-13-00100048 Request to rezone approximately 33.90 acres from Planned Unit Development (PUD) to Special Planned Area(SPA). LOCATION 1600 SELVA MARINA DRIVE (SELVA MARINA COUNTRY CLUB) APPLICANT ATLANTIC BEACH PARTNERS,LLC REPRESENTED BY T R HAINLINE,JR DATE APRIL 16, 2013 STAFF ERIKA HALL, PRINCIPAL PLANNER STAFF COMMENTS Background �. ]0111 ASSISI. f-v -"- �etNWAIK C1 The subject property consists of approximately 791 ISI G' y 791S2 °H 33.90 acres located within the City of Atlantic ��°6 19 anti pR 5 Beach, and is currently part of the Selva ` '142/4 1•C' R Marina Country Club Residential PUD, which is COW LP »T„ w a cross-jurisdictional PUD adopted by � SPVia'A 6 sp O Ordinance No. 90-07-202 on September 24, 99 2248-M1 LpAY P9Rfi �, < t7 w 2007, and amended by Ordinance No. 90-09- 209 on September 14, 2009. The Conceptual a�3YPOR,y � ��'� �TM ZLOO-B W.YroftT Site Plan of the approved PUD is Exhibit 1. 2709 7MAYPORT i gR 21.0 11dAYPOR1 P ,gym PALMW The current application is the pre-cursor to an 0,0%,� annexation initiative which would bring the a CRY ,a a,,,ie golf course property and the proposed y w p91.2MA U CLEARVIEW "� I 2 `� residential development entirely into the UspN. A D.—A--.N�=EL K %r,4 .. CiS}1� OOUNTRVCIUB Atlantic Beach jurisdiction. Compatibility with s1ne+Dys ��`AN�ndc� established development patterns and K `Ew's ROBERT WALTER ,1 preservation of the natural environment are EDGAR STANLEY � ?"` Y Q significant factors to the residents of Atlantic t, ARDEILA p jl'M Beach. As such, there is to be a deed �w a Op AO ER restriction recorded that would designate the "b e w O 133, AMBER/ACK o B[N remaining undeveloped golf course property wr> BPRI A E�RL7KE1 4 ° :PLPIA as perpetual green space upon the annexation �^ < N BTN of the property into Atlantic Beach. 0125 025 0 M e5 p nN ,LO. AGENDA ITEM#7E JUNE 10,2013 The current application seeks the following: 1. Exclusion of the Selva Preserve parcel (172027-0100)from the overall project. (The reversion of this parcel to its previous zoning classification (RS-1) is dealt with in REZ-13-00100049, which is item 4.C. on this agenda.) 2. Inclusion of the existing golf course parcel (169399-0000) in the overall project. 3. Reconfiguration of the conceptual site plan, relocating all residential development to the center of the golf course parcel. The proposed conceptual site plan, highlighted to show current jurisdiction, is Exhibit 2. Analysis As a point of clarification,Special Planned Area (SPA) is a zoning classification that replaced the Planned Unit Development (PUD) classification within the City of Atlantic Beach several years ago. This was due to the fact that PUDs require a minimum of ten (10) acres, and there are no longer any such sizeable tracts of land under unified control, not already part of an existing PUD. There are provisions in the code for amendment of existing PUDs, but the proposed changes to the Selva Marina Country Club redevelopment substantiate consideration as a completely new project. Still, as a starting point, it is worthwhile to compare the previously approved PUD(Ordinance No. 90-09-209)to the proposed plan. TABLE 1. ORD NO 90-09-209 REZ-13-00100048(PROPOSED) SITE SUMMARY COMPARISON CoAB CoJ TOTAL CoAB CoJ TOTAL RESIDENTIAL Acreage 32.54 8.14 40.68 0.08 34.36 34.44 Units 85* 34* 114* 1** 169** 169** *5 units partially in CoAB/Col **1 unit partially in CoAB/Col RECREATION&OPEN SPACE Golf Course N/A N/A N/A 26.14 91.25 117.39 Clubhouse,Amenities 8.50 0.00 8.50 6.74 0.00 6.74 INFRASTRUCTURE Vehicular Access NOT SPECIFIED NOT SPECIFIED NOT SPECIFIED 1.37 9.08 10.45 TOTAL 41.04 8.14 49.18 34.33 134.69 169.02 As shown in Table 1 — Site Summary Comparison, and noted in the background information above, the approved Selva Marina Country Club Residential PUD consisted of about forty-one (41) acres within the City of Atlantic Beach and eight (8) acres within the City of Jacksonville, for a total project area of slightly more than forty-nine (49) acres. The approved PUD did not include the acreage currently dedicated to the golf course. However, that acreage which is within Jacksonville's jurisdiction is now being added and the Selva Preserve parcel which is within Atlantic Beach is being removed. The adjusted acreage for the new project is approximately one hundred sixty-nine (169) acres, with a little more than thirty-three (33) acres in Atlantic Beach, and nearly one hundred thirty-five(135)acres in Jacksonville. The approved PUD provided for a total of one hundred fourteen (114) dwelling units, with eighty (80) completely located within Atlantic Beach, twenty-nine (29) completely located within Jacksonville, and five (5) partially located in each jurisdiction. One hundred sixty-nine (169) dwelling units are depicted on the Conceptual Site Plan for the new project, though the narrative states a maximum of one hundred eighty (180) units may be constructed, and of those illustrated, one hundred sixty-eight(168) dwellings are located completely within Jacksonville,while one(1) is located partially in Atlantic Beach. Golf course and related accessory uses will be allocated to just over one hundred seventeen (117) acres of the total project area, while nearly seven (7) acres will be dedicated to the clubhouse facilities and other Page 2 of 9 AGENDA ITEM#7E JUNE 10,2013 recreational amenities such as tennis courts,swimming pools,etc. This is just slightly less than the eight and a half(8.5) acres allocated to the clubhouse and associated amenities in the approved plan. Lastly,just over ten (10)acres is designated as vehicular access,a use that was not enumerated in the approved PUD. TABLE 2. ORD NO 90-09409 REZ-13-00100048(PROPOSED) DEVELOPMENT STANDARDS COMPARISON SF MF CH SF80 SF70 SF60 SF55 SFCY CH NUMBER OF UNITS 94 20 N/A 169 DU on Conceptual Plan/180 DU max N/A MIN LOT STDS Width(FT) 42 N/A NS 80 70 60 55 50 NS Area(SQ FT) 4,620 N/A NS 8,000 7,000 6,000 5,500 4,000 174,240 MAX IMPERVIOUS SURFACE(%) 65 65 NS 65 65 65 65 65 85 MIN YD REQ Front(FT) 10 10 NS 15 15 15 15 20 20 Side—Street(FT) 5 15 NS 10 10 10 10 10 10 Side—Interior(FT) 5 15 NS 5 5 5 5 5 10 Rear(FT) 10 10 NS 10 10 10 10 10 10 MAX HT(FT) 35 35 NS 35 35 35 35 35 35 Table 2 — Development Standards Comparison, details the mix of housing types, lot dimensions and development standards for both the approved PUD and the proposed project. Of the one hundred fourteen (114) dwelling units provided for in the approved PUD, a maximum of twenty (20) units were anticipated to be multi-family with the remaining ninety-four(94) being single-family. The overall concept of the approved PUD was based upon neo-traditional design principles, including narrower lots having a minimum width of forty-two (42) feet and minimum lot area of four thousand six hundred twenty (4,620) square feet, as well as reduced building setbacks. Approved front and rear setbacks for both single- and multi-family was ten (10)feet,while side setbacks for single-family were approved to be five (5)feet;for multi-family,sides were approved to be ten (10)feet. The current proposal is for single-family dwellings only, and the minimum lot widths are consistent with platted lot sizes found throughout Atlantic Beach, ranging from fifty (50) feet to eighty (80) feet. Likewise, lot types—with the exception of the"courtyard" lots that are four thousand (4,000)square feet in area—are consistent with platted lots sizes found throughout Atlantic Beach, ranging from five thousand five hundred (5,500)square feet to eight thousand (8,000)square feet. A total of three (3)courtyards are depicted on the submitted site plan,for a total of twelve(12)of these more compact lots. The proposed plan includes an increase in required front yard setbacks,from the approved ten (10)feet to a proposed fifteen (15) feet, while the required rear yard setback remains ten (10) feet and the required interior side yard setback remains five (5) feet. Street side yard setbacks have been revised, from the approved five(5)feet to a proposed ten (10)feet,which is consistent with current Atlantic Beach provisions. The maximum impervious surface allowable on individual lots is maintained at sixty-five (65) percent,which is greater than the typical Atlantic Beach residential standard of fifty(50) percent. However,the justification for both the increased impervious surface area on individual lots and the reduced building setbacks is the fact that the majority of acreage within the project is dedicated to open space and recreation. Similarly,the maximum impervious surface area allowed for the clubhouse and recreational amenities, for which specifications were not previously given in the approved PUD, is eighty-five (85) percent. Lastly, maximum building height is thirty-five (35) feet, which is consistent with development standards throughout the City of Atlantic Beach. Staff has reviewed the proposal in light of the goals, objectives and policies of the Comprehensive Plan, finding that it supports the following: Page 3 of 9 AGENDA ITEM#7E JUNE 10,2013 FUTURE LAND USE ELEMENT * Goal A.1—The City shall manage growth and redevelopment in a manner which results in a pattern of land uses that: 1) encourages, creates and maintains a healthy and aesthetically pleasing built environment; and, 3) preserves and enhances coastal, environmental, natural, historic and cultural resources. • Objection A.1.3 —The City shall encourage future development and redevelopment, which 1) retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach... and, 3) provides for varied and diverse recreational opportunities. ✓ Policy A.1.3.3 —The City shall continue to manage, preserve and construct facilities that provide diverse opportunities to all residents for both passive and active recreation, including parks, nature preserves, trails and bikeways, skateboard parks and ball fields, dune crossovers,waterway accesses and associated amenities. • Objective A.1.4—Sites, structures, and neighborhoods which have been identified as having historic, architectural, archaeological, civic or cultural importance shall be protected from damage or destruction,and the preservation of such valuable resources shall be encouraged by the City. • Objective A.1.5—The City shall maintain development patterns which... 2)foster diverse and stable neighborhoods...4) provide proper locations for...energy efficient land use patterns, and 5)encourage healthy and aesthetically pleasing living conditions. ✓ Policy A.1.5.5 — Flexible regulatory methods shall be utilized to provide incentives for achieving environmental enhancement, economical land development and energy efficient patters of land use that provide for an appropriate mix of uses within the City. • Objective A.1.6 — The City shall preserve the sound structural condition and the diverse character of the built environment of the City and shall encourage development programs and activities that are directed at infill development as well as the conservation, redevelopment and re-use of existing structures and the preservation of and re-investment in older neighborhoods. • Objective A.1.7—The City shall coordinate its planning and development activities with the resource management plans of the St Johns River Water Management District, the Department of Environmental Protection, the City of Jacksonville and the City of Neptune Beach,as well as with other private entities and public agencies, as may be appropriate. • Objective A.1.10 — The City shall continue to maintain a development character which is compact in form, orderly in its land use patter, and diversified in its makeup so as to ensure employment opportunities, affordable housing, a pleasant living environment, and cost- effective and energy efficient public services. • Objective A.1.11—The City shall provide for land use, development and redevelopment in an efficient manner, which supports the land use designations as set forth within the 2010- 2020 Future Land Use Map; which enforces the residential densities and the limitations upon the type and intensity of uses, and which results in development appropriate to the sensitive coastal location of the City, particularly with respect to the predominantly residential character and small-town scale of the City. RECREATION AND OPEN SPACE ELEMENT * Goal E.1 — The City shall maintain sufficient parks, recreation facilities and open space so as to provide the citizens with a wide variety of leisure time activities in order that the City continues to be a healthy,desirable and attractive community in which to live. • Objective E.1.1—The City shall inventory at least once every five years, public and private recreation resources to identify service inadequacies and opportunities for sharing of facilities and programs so as to provide safe, convenient access for all residents to beaches, Page 4 of 9 AGENDA ITEM#7E JUNE 10,2013 parks and other recreation facilities in accordance with Level of Service standards set for within this plan amendment. ✓ Policy E.1.1.4 — The City shall continue to support efforts of other government agencies and shall offer cooperation to achieve level of service standards for regional recreation and open space facilities as set forth within this plan amendment. ✓ Policy E.1.1.5—The City shall maintain the existing recreation facilities, as identified in Table E-2, or similar facilities so as to continue to meet or exceed the Level of Service standards as set forth within this plan amendment. ✓ Policy E.1.1.10—As of the date of this plan amendment, the City has exceeded the adopted Level of Service standards for recreation facilities and open space area. The adopted Level of Service, as set forth within Table E-1, shall be maintained as minimum standards. • Objective E.1.2—The City shall continue to provide varied and diverse recreation activities to the community, and shall coordinate with public agencies, private organizations and individuals, as well as adjacent local governments to supplement efforts and resources of the City. TABLE E-1 Recreation and Open Space Level of Service Standards City of Atlantic Beach,2010-2020 TYPE OF FACILITY LEVEL OF SERVICE STANDARD Playground(with equipment) 1 playground per 2,500 population Baseball or Softball Field 1 field per 2,500 population Soccer or Football Field 1 field per 5,000 population Basketball Court 1 court per 2,500 population Tennis Court 1 court per 2,500 population Running/Hiking Trail 1 trail per 10,000 population Community Center 1 center per 1Q000 population Beach Access 1 access per 2,500 population Passive Park/Scenic Open Space 5 acres per 1,000 population Golf Course*(Public or Private) 1 18-hole course per 25,000 population Regional Park/Open Space* 5 acres per 1,000 population *Regional facilities are defined as those, which may not be located within the City of Atlantic Beach,but are in such close proximity so as to directly serve the daily recreational needs of the residents of the City of Atlantic Beach,such as Kathryn Abby Hanna Park and area golf courses. FACILITY 2005 INVENTORY 2010 INVENTORY Playground 5 7 Baseball or Softball Field 5 4 Soccer or Football Field 3 4 Basketball Court 5 5 full/4 half Racquetball/Handball Court 2 2 Volleyball Court 2 0 Tennis Court 5 9 Running/Hiking Trail 1 5 Community Center 1 3 Beach Access 21 21 Passive Park/Open Space 412 acres 412 Regional Park/Open Space 450 acres 450 Skate Park 0 1 _ Golf Course 1 1 Page 5of9 AGENDA ITEM#7E JUNE 10,2013 INTERGOVERNMENTAL COORDINATION ELEMENT * Goal G.1 — The City shall coordinate and cooperate with adjacent jurisdictions, other public and governmental agencies to ensure: 1) equitable and reasonable sharing of authority, responsibility and resources in the provision of services, education and housing; 2) the provision for effective development review and permitting; and 3) the effective representation on behalf of the City in decisions related to future growth management, planning and funding resources. Further, staff finds the proposed plan to be generally consistent with the definition, purpose and intent of the Special Planned Area zoning district,as follows: * Section 24-116 — The purpose of the special planned area district is to create a mechanism to establish a plan of development or redevelopment for a site where the property owner and the community's interests cannot be best served by the provisions of the conventional zoning districts, and where assurances and commitments are necessary to protect the interests of both the property owner and the public, and also the unique qualities of the City of Atlantic Beach which are expressed through this chapter and the comprehensive plan. The intent of this section is to provide an appropriate zoning district classification for new development and redevelopment where specific development standards and conditions will be established within the enacting ordinance. The quality of design and site planning are the primary objectives of the SPA district. *- Section 24-117— For the purpose of this chapter, special planned area shall mean a zoning district classification that provides for the development of land under unified control which is planned and developed as a whole in a single or programmed series of operations with uses and structures substantially related to the character of the entire development. A special planned area shall also include a commitment for the provision, maintenance and operation of all areas, improvements, facilities,and necessary services for the common use of all occupants or patrons thereof. At this time, staff has identified the following areas of concern, and encourages the Board to make a recommendation subject to the applicant's address of these issues: EXHIBIT D—WRITTEN NARRATIVE OF PLAN OF DEVELOPMENT * SECTION III-A. Permitted Uses: Development Criteria • 1.d.—The applicant proposes that the "courtyard" lots, as described further in Section III-A- 9, may be used for daily/overnight rentals. Within the City of Atlantic Beach, short term rentals— being anything less than ninety (90) days— are expressly prohibited in residential zoning districts. Staff would recommend careful consideration as to whether or not short term rentals should be allowed. If the Board is inclined to recommend short term rentals be allowed within the"courtyard" lots,staff would suggest establishing the following: ✓ Maximum number of"courtyard" lots to be developed. Three (3) courtyards, for a total of twelve(12) units are shown on the submitted site plan. ✓ Maximum number of guests per unit. ✓ Minimum stay. • 11. — The applicant proposes that "spires, cupolas, steeples, chimneys and other appurtenances not intended for human occupancy may be placed above the maximum heights provided herein". Within the City of Atlantic Beach, height of building is defined as the vertical distance from the applicable beginning point of measurement to the highest point of a building's roof structure or parapet, and any attachments thereto, exclusive of chimneys only within the residential zoning districts. Staff would suggest revision of this Page 6 of 9 AGENDA ITEM#7E JUNE 10,2013 paragraph to conform with the provisions of the Atlantic Beach land development regulations. * SECTION III-B. Clubhouse/Recreational Amenities • Activities held at the clubhouse and recreational amenities will potentially have impact on adjacent residential properties, and the applicant has shown certain consideration by providing for vegetative buffers and directional lighting. However, staff also suggests inclusion of the following: ✓ Hours of operation for normal activities. ✓ Hours of operation for special activities involving additional lighting and public address systems and/or amplified music. * SECTION III-D. Accessory Uses and Structures. • 1.a. —The applicant proposes detached accessory structures with a bonus room above be required to have a minimum five (5) foot rear and side yard setback, and detached accessory structures without a bonus room above be required to have a minimum three (3) foot rear and side yard setback. Staff suggests revision of this paragraph such that all detached accessory structures have a minimum five(5)foot rear and side yard setback. • 3. —The applicant proposes land clearing and processing be considered an accessory use. Staff recognizes that extensive maintenance of trees and landscaping is required in order to support the function of the golf course and recreational amenities. However, staff suggests that any land clearing activities that involves the removal of trees greater than three (3) inches in diameter should require submittal of a current tree survey and a work plan to the City of Atlantic Beach for review prior to the commencement of such activities. * SECTION III-E. Access • 4.—The applicant has provided here, and also in SECTION II-G,that pedestrian and vehicular access at Dutton Island Road East "may" be secured inside the property to limit access to residents of the development and commercial traffic to/from the golf course,clubhouse and recreational amenities. Staff reminds the Board this was one of the major issues of the previous proposals, and the approved PUD expressly states that "permanent access and internal roadways shall be designed, developed and maintained such that [the development] cannot be used as a 'cut-through' route from Selva Marina Drive to Mayport Road". [Item M(b), page 9, Exhibit B, Ordinance 90-07-202]. Staff strongly suggests revision of all occurrences of this statement to reflect that this"shall" be secured access. * SECTION III-F. Signage • 7. —The applicant has included a provision to allow an unlimited number of banners, each not exceeding fifty(50) square feet in area, to promote special seasonal,civic or community events, and to allow"festival banners" be placed on street light poles. Section 17-33 of the Atlantic Beach Municipal Code of Ordinances regulates the use of banners, requiring that they be registered with the city, generally limiting them to thirty (30) consecutive or cumulative days within one calendar year and prohibiting them from containing an advertising message and from hanging over or extending into rights-of-way. Staff suggests that the Board may wish to require the incorporation of the following conditions on the use of banners: ✓ Limitation on the number of events and/or number of cumulative days that event banners may be displayed. ✓ Requirement that banners shall only be visible internally to the development. Page 7 of 9 AGENDA ITEM#7E JUNE 10,2013 * SECTION III-H. Landscaping and Tree Protection ■ The applicant proposes that the golf course parcel, including all subsequent residential lots, be subject to the City of Jacksonville landscape and tree protection regulations. However, the City of Jacksonville minimum tree standards for residential lots are much less stringent than those for the City of Atlantic Beach. Jacksonville requires one (1)four-inch caliper tree per five thousand (5,000) square feet of lot area, whereas Atlantic Beach requires one (1) four-inch caliper tree per two thousand five hundred (2,500) square feet of lot area. Staff recommends that all tree removal and landscaping be done in accordance with Atlantic Beach provisions, rather than applying Jacksonville standards to the golf course and residential parcels. Doing so supports the intent to maintain consistency and compatibility with existing residential development adjacent to the golf course, as well any future designation of the golf course as a perpetual green space. EXHIBIT H—TRAFFIC STUDY FOR PLANNED ATLANTIC BEACH COUNTRY CLUB * The traffic study prepared by Transportation Planners Enterprise, Inc, dated March 19, 2013 and submitted as a supporting Exhibit H to the application, focuses on two intersections only—Mayport Road / Dutton Island Road East and Seminole Road / Selva Marina Drive. Staff believes the submitted study is faulty for three reasons: (1) It assumes that all residential traffic will utilize Dutton Island Road for ingress/egress and therefore does not anticipate impacts (from residential units) to Selva Marina Drive and Seminole Road; (2) in turn, it does not anticipate impacts to the intersection of Seminole Road/ Plaza/Sherry Drive, locally known as"Five Way"; and (3) the study only analyzes the PM rush hour, while staff considers a significant impact will be on the AM movement through the Five Way intersection. Staff would recommend that a revised traffic study taking these factors into account be submitted prior to scheduling this application for public hearing before the City Commission. REQUIRED ACTION The Community Development Board may consider a motion to recommend approval of the Atlantic Beach Country Club SPA(Application REZ-13-00100048)to the City Commission, a rezoning to Special Planned Area for lands described within said application, approving the site development plan and adopting the application and supporting documents, and all terms and conditions as set forth therein, subject to conditions enumerated,and provided the following,or similar,findings of fact: (1) The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law. (2) The rezoning to Special Planned Area is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Low Density. (3) The rezoning is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Special Planned Areas. (4) The rezoning and the site development plan are consistent with the stated definition, intent and purpose of Special Planned Areas. (5) The zoning district classification of Special Planned Area, and the specific uses and special conditions as set forth herein, are consistent and compatible with surrounding development. The Community Development Board may consider a motion to recommend denial of the Atlantic Beach Country Club SPA (Application REZ-13-00100048) to the City Commission, a rezoning to Special Planned Area for lands described within said application, provided the following,or similar,findings of fact: Page 8 of 9 AGENDA ITEM#7E JUNE 10,2013 (1) The rezoning to Special Planned Area is not consistent with the Comprehensive Plan and the Future Land Use Designation of Residential Low Density because (2) The rezoning is not consistent with the Land Development Regulations, specifically Division 6, establishing standards for Special Planned Areas because (3) The zoning district classification of Special Planned Area and the specific uses and special conditions as set forth herein are not consistent or compatible with surrounding development because ATTACHMENTS • Exhibit 1. The Cove&Selva Preserve Conceptual Site Plan • Exhibit 2. 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CALL TO ORDER.-6:07pm Chair Brea Paul verified the presence of a quorum with the.,attendance of Jason Burgess, Kelly Elmore, Kirk Hansen, Brea Paul, and Patrick Stratton.' ;The meeting was called to order at 6:07pm. Also present were NS Mayport Liaison and ex-officio board member Matt Schellhorn, Principal Planner Erika:Hall, and Building and Zoning Director Michael Griffin. Board members Harley Parkes and Sylvia Simmons were absent. 2. ADOPTION OF MEETING MINUTES-MARCH 19;2013. Ms. Paul called for a motion to °approve the minutes of the March 19, 2013 regular meeting. Mr. Hansen moved that,minutes be approved as written. Mr. Elmore seconded the motion and it carried by a vote-,of 5-0 3. OLD BUSINESS.None. 4. NEW BUSINESS A. ZVAR-13-00100047,42 East Coast Drive..(Shoppes of Lakeside,Inc) Request for variance from`Section 24 161(f)(3), to allow non-residential off-street parking that backs into a public right-of-Way. Staff Ms. Hall explained that the applicant is proposing to construct a Report two-story structure, with the first floor dedicated to parking and the second floor dedicated to a seven thousand eight hundred ten 81 ((7, 0) square foot restaurant space, including three thousand two hundred forty (3,240) square foot air-conditioned space, a two ;:thousand nine hundred seventy (2,970) square foot open-air dining deck and a one thousand six hundred (1,600) square foot open-air dining deck. The submitted conceptual plan shows a total of one- hundred fifty-six (156) seats, and per Section 24-161(h)(15), required off-street parking for restaurants and bars is one (1) space for each four (4) seats, including any outdoor seating where service occurs. Thus, a minimum of thirty-nine (39) off-street spaces would be required to accommodate the proposed seating. Forty- four (44) off-street parking spaces were shown on the submitted parking level plan, with a total of fourteen (14) accessed directly from, and requiring backing into the Ahern Street public right-of- Page 1 of 17 AGENDA ITEM#7E Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013 way, which Ms. Hall said was contrary to the provisions of Section 24-161(f)(3) which prohibits off-street parking for all uses other than single- and two-family residential backing into public rights- of-way. Ms. Hall reviewed Section 24-64(d), grounds of approval for a variance, stating that neither (1) exceptional topographic conditions (5) irregular shape of the property or (6) substandard size of a lot of record, were applicable. She then focused on the applicant's statements regarding the applicability of provisions (2), (3) and (4). The applicant had asserted that Section24-64(d)(2) — surrounding conditions or circumstances impacting the property disparately from nearby properties — was applicable , because there are seventy-five (75) existing spaces serving surrounding properties that are allowed to back onto Ahern Street. Ms. Hall confirmed there are twenty-seven (27) spaces serving the commercial uses at Shoppes of North Shore, located directly west of the subject property, which do :back onto Ahern Street. However, that development was constructed in 1990/91, and the parking plan was approved as part of a use-by-exception on June 26, 1989, and later amended on February 26, 1990, more than 27 years prior to the adoption of Ordinance No. 90-07-200 on July 9, 2007, which the provisions of Section 24-161(f)(3). The remaining (42) spaces with "direct access" to Ahern street serve residential uses that are either single- or two-family, and thus are ='.exempt from the provisions of Section 24-161(f)(3), or are multi- family or condo units that were approved and in process and/or constructed prior to the adoption of Ordinance No. 90-07-200 in 2007. Ms Hall reminded the Board that per Section 24-64(b)(4), the nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. The applicant also claimed Section 24-64(d)(3) — exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area — was applicable, but failed to explain how. Ms. Hall noted the proposed use was entirely consistent with the permitted uses allowed within the Central Business District, but she explained that the submitted conceptual plan exceeded the development capacity of the site. Page 2 of 17 AGENDA ITEM#7E Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013 Ms. Hall suggested that the property can still be developed to its best and highest use, while respecting the capacity of the site, by (1) reducing the structure size and seating capacity to the minimum required to obtain a Series 4-COP SRX alcoholic beverage license, being two thousand five hundred (2,500) square feet in area and one hundred fifty (150) seats, thereby reducing the required off-street parking to thirty-eight (38) spaces; and (2) reconfiguring parking level design so that vehicular circulation is maintained on the subject property, thus eliminating the need to back into the Ahern Street . right-of-way. She projected an alternative parking plan to demonstrate that this could be accomplished. Finally, the applicant claimed that Section 24-64(d)(4) — onerous effect of regulations enacted after plattingor`'after development of the property or after construction of improvements upon the property - was applicable. Ms Hall agreed the current provisions of Section 24-161(f)(3) were adopted after the applicant's purchase of the subject property in 2000. However, she noted that the applicant had previously submitted an application for a concurrent rezone and use-by-exception on the.,subject property just one month after adoption of Ordinance 90=07-200. At that time, and as noted in the official minutes of the August 21, 2007 Community Development Board meeting, the applicant acknowledged the new regulation and committed to complying with it. She said the current Board;should have the same expectation that the same client would work within the same regulations today. Ms. Hall then reviewed applicable provisions of Section 24-64-(c) — grounds for denial of a variance —which state no variance shall be granted if the Community Development Board, in its discretion, determines that the granting of the requested variance shall have materially adverse impact upon (2) congestion of streets, or (3) public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety. She then read the Public Safety review comments submitted by Police Chief Michael Classey: "We have reviewed the request for the variance referenced above. As you know, Sec 24-161(f)(3) specifically prohibits constructing parking spaces which require drivers to back up into the public right-of-way. The applicant characterizes Ahern Street as more of a "service alley". While a vehicle volume study was not able to be completed due to the very short turnaround time of the evaluation, the police department does not concur with this Page 3 of 17 AGENDA ITEM#7E Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013 description. While not to the level of a thru street such as Seminole or Sherry, Ahern Street is a heavily traveled roadway. It is used for much more than accessing the existing parking spaces as the applicant contends and serves as a cut thru between Sherry, East Coast, Ocean and Beach. Any parking plan that would cause vehicles to back out into the roadway would create an unnecessary hazard that could not be supported from a public safety standpoint." Ms. Hall concluded, reminding<<tte Board that also according to Section 24-64(c), variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situations%created by the property owner. Applicant Richard Trendel, Petra Management, Inc (2440 Mayport Road) Comment spoke on behalf of the applicant and reiterated the applicant's claim that the parking proposed to back onto Ahern Street was consistent existing parking serving other properties which abut Ahern Street Public No one from the audience came forth to give comment on the Comment request. Board Mr. Elmore stated that while he would love to see something Discussion ,developed on the site;,which had long been an eyesore, he could not support' this variance request. He disagreed with the characterization of.Ahern as a service alley, and he complimented staff for illustrating that parking requirements could be sufficiently Met on- lie and without backing into the public right-of-way. MK Stratton agreed, noting that the alternative plan drawn by staff would not require a variance. Mr Hansen added that the subject property requires a higher degree of compliance with the regulations due to the fact that it is a corner property. Visibility, and thus safety, is further impaired by the jog in Ahern Street. Motion Mr. Hansen moved that the Community Development Board deny ZVAR-13-00100047, a request for variance from Section 24- 161(f)(3), to allow required non-residential off-street parking that backs into a public right-of-way, finding that there are no surrounding conditions or circumstances impacting the property disparately from nearby properties, but that certain other properties were developed before the adoption of Ordinance No. Page 4 of 17 AGENDA ITEM#7E Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013 90-07-200 and in accordance with an approved use-by-exception, or they are exempt from the provisions of Section 24-161(f)(3) due to the nonresidential nature of their use; finding that there are no exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area, but that the applicant's proposal exceeds the physical capacity of the property and there exists alternative design scenarios that would be in accordance with the requirements of Section 24-161(f)(3); finding that though regulation has been enacted after the platting of the property, it does not have an onerous effect on the future development of the property, because it has been demonstrated that the property can be developed to its highest and best use while meeting the requirements of Section 24-161(f)(3); and, finding that proposal would have a materially adverse effect on public safety by creating traffic hazards impacting both motorized and pedestrian traffic. Mr. Elmore seconded the motion and it passed unanimously, 5-0, B. REZ-13-00100048, 1600 Selva Marina Drive (Atlantic Beach Partners,LLC) Request to rezone approximately 3390 acres from Planned Unit Development(PUD) to Special Planned Area (SPA). The subject property is currently used as a golf course and country club. The proposed project is the redevelopment of the Selva Marina Country Club facilities, including the clubhouse and recreational amenities, which may include a pool, cabana/clubhouse, pro shop(s), health/exercise facility, offices, tennis Court(s)and/or field(s),parking,storage,and similar facilities. Staff Mr. Elmore disclosed that he is the landscape architect of record Report for this project, and having a financial interest, he stated he would abstain from debate and vote on this matter, though he would be happy to answer any questions that the Board might have. Mr.,Hansen disclosed that he is on the Board of Directors of the Selva. Marina Country Club and that he has also served on an advisory committee investigating redevelopment options for the property. However, because he does not have a financial interest in the project, he stated he would participate in the debate and vote. Ms. Hall summarized the applicant's request as being a modification of an existing PUD, and explained that identical documents have been concurrently filed with the City of Jacksonville seeking the following changes: (1) Exclusion of the Selva Preserve parcel (RE# 172027-0100, located within the City of Atlantic Beach) from the overall project; (2) Inclusion of the existing Selva Marina Country Club golf course parcel (RE# 169399- Page 5 of 17 AGENDA ITEM#7E Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013 0000, located within the City of Jacksonville) in the overall project; and (3) reconfiguration of the conceptual site plan, relocating all residential development to the center of the golf course parcel. She stated that the current application is the pre-cursor to an annexation initiative which would bring the golf course property and the proposed residential development entirely into the Atlantic Beach jurisdiction. As such, compatibility with established development patterns and preservation of the natural environment are significant factors to the residents of Atlantic Beach, and there applicant has indicated that there will be a deed restriction recorded that would , designate the remaining undeveloped golf course property as perpetual green space upon the annexation of that property into Atlantic Beach. She then explained that the proposed modification was consistent with and a number of goals, objectives and policies of the adopted Comprehensive Plan, including the Future Land Use Element, the Recreation and Open Space Element, and the Intergovernmental Coordination Element. Ms. Hall projected a table entitled "Site Summary Comparison" and reviewed the acreage allocation in the approved Selva Marina Country Club (SMCC) Residential PUD as well as the proposed Atlantic Beach Country Club (ABCC) SPA/PUD. She noted the approved SMCC Residential PUD consisted of a total of about forty- nine nine:(49) acres and one hundred fourteen (114) dwelling units, the proposed ABCC SPA/PUD consists of about one hundred sixty-nine (169) acres and a maximum of one hundred eighty (180) units. Thus the effective density of the project will be reduced from two and three-tenths (2.3) dwelling units per acre to one and one-tenth (1.1) dwelling units per acre. Ms. `Hall then projected a table entitled "Development Standards Comparison" and reviewed the approved and proposed housing mix, as well as minimum lot standards, yard requirements, maximum height and impervious surface standards. She noted the approved SMCC Residential PUD consists of a mix of single and multi-family units in a compact Neo-Traditional arrangement, whereas the proposed modification consists only of single-family dwellings in an arrangement more characteristic of a suburban subdivision. She stated the lot development standards are generally consistent with the those required by Atlantic Beach single-family zoning districts, with the main differences being a Page 6 of 17 AGENDA ITEM#7E JUNE 10,2013 Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board slight reduction in front yard setbacks, from twenty (20) feet to fifteen (15) feet and rear yard setbacks, from twenty (20) feet to ten (10) feet, as well as a maximum impervious surface area of sixty-five (65) percent as opposed to Atlantic Beach's current fifty (50) percent. However, she explained these were acceptable deviations from Atlantic Beach standards due to the fact that the entire residential development would be surrounded by over one hundred seventeen (117) acres of golf course that would most likely be preserved with a deed restriction or conservation easement. Ms. Hall then explained staff had collectively identified a number of areas of concern described in her original staff report to the Board. She said the applicant had met with staff and offered a number of concessions based upon those discussions, in the form of a revised narrative Exhibit p), submitted to staff early this day and provided to the Board tonight in the form of a strike- through/underline draft. She then addressed each of these concerns and how the applicant`;was addressing each. • SECTION III A.1.d: USE':,OF COURTYARD LOTS FOR DAILY/OVERNIGHT;RENTALS Within the City of Atlantic Beach, short term rentals — being anything less than ninety(90) days —are expressly prohibited in residential fining districts. Staff had recommended establishing a maximum number of such Courtyard Lots that could be used for short term rentals, as well as the maximum :r. number of guests to be allowed per unit and the minimum stay. The applicant added language stating that (1) the maximum number of Courtyard Lots to be used for daily/overnight rental would be four (4) units located within the same courtyard lot configuration; (2) all such units shall be owned by the same entity, which shall be the owner/operator of a hospitality business, such as hotel(s) or resort(s), and shall be managed by an entity with offices in Duval County; and (3) all such units shall be subject to restrictive covenants, including a provision such that if ownership passes from a hospitality business to an individual, daily/overnight rentals shall no longer be a permitted use. • SECTION III.A.11: "SPIRES, CUPOLAS, STEEPLES, CHIMNEYS AND OTHER APPURTENANCES NOT INTENDED FOR HUMAN OCCUPANCY MAY BE PLACED Page 7 of 17 AGENDA ITEM#7E Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013 ABOVE THE MAXIMUM HEIGHTS". Within the City of Atlantic Beach, height is defined as the vertical distance from the applicable beginning point of measurement to the highest point of a building's roof structure or parapet, and any attachments thereto, exclusive of chimneys only within the residential zoning districts. Ms. Hall reminded the Board that this provision is included in the City ,Charter and is non-waiverable within residential zoning districts, though there is a provision for waiver to height, for inclusion of non- habitable architectural;.,features on structures within non-residential zoning districts, and the applicant could seek such a;Waiver for structures on the non-residential clubhouse`'parcel. As such, the:,applicant revised this section:to;conform to provisions of,Article XIV, Section 59 of the Charter ofthe City of Atlantic Beach and the definition of ":height" as provided in Chapter 24 (Land Development Regulations). • SEC:TION III=B; IMPACT.'.OF CLUBHOUSE/RECREATIONAL AMENITIES ACTIVITIES ON°_ADJACENT PROPERTIES. Ms. Hall said that while :staff `recognizes the applicant has shown:;consideration for adjacent residential properties with th'e inclusion of vegetative buffers, directional lighting and lighting timers, there is still concern as to tie impact activities held in conjunction with the clubhouse ;and recreational amenities will potentially have on the surrounding neighborhoods. As such, staff suggested that perhaps hours be established both for normal (daily) operations and for special activities involving additional lighting and public address systems and/or amplified music. The applicant replied that the property already functions as a golf and country club, and there is no anticipated change in the hours of operation. As noted, vegetative buffers, directional lighting and lighting timers will be regularly utilized to temper impact upon adjacent residential properties. Further there will be immediate compliance with any code enforcement directives regarding complaints received. • SECTION III-D.1.a — DETACHED ACCESSORY STRUCTURES — SPECIFICALLY THOSE WITHOUT A BONUS ROOM ABOVE — MAY BE LOCATED IN A REAR OR SIDE YARD Page 8 of 17 AGENDA ITEM#7E Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013 THREE (3) FEET FROM A LOT LINE. Ms. Hall noted that although most lots within the proposed development back up to the golf course, there are a number of lots which abut other lots. Within the City of Atlantic Beach, all detached accessory structures thirty (30) inches or greater in height are required to comply with a minimum five (5) foot rear and side yard setback. Staff recommended compliance with this provision. The applicant revised "this section to comply with Atlantic Beach standards. • SECTION III-D.1= LAND:CLEARING IS PROPOSED AS AN ACCESSORY USE. Ms. Halle reported that staff had had an extensive discussion with `the applicant regarding tree removal and land clearing related to redevelopment of the:'property versus that which would be considered normal maintenance essential to the operation of the golf course and recreational amenities. This provision remains as originally written, such that, for maintenance purposes of the facilities, land clearing remains an accessory use, subject to applicable fire codesand other landdevelopment regulations. • ...r SECTION III-E.4— PEDESTRIAN AND VEHICULAR TRAFFIC ACCESS AT DUTTON ISLAND ROAD EAST "MAY" BE SECURED INSIDE THE PROPERTY TO LIMIT ACCESS TO RESIDENTS. OF THE DEVELOPMENT AND COMMERCIAL TRAFFIC C`TO/FROM THE GOLF COURSE, CLUBHOUSE AND RECREATIONAL AMENITIES. Ms. Hall noted that tte"`securing of Dutton Island Road East access had been a major issue in previous proposals and the approved Selva Marina Country Club Residential PUD expressly states that "permanent access and internal roadways shall be designed, developed and maintained such that the development cannot be used as a 'cut-through' route from Selva Marina Drive to Mayport Road". She said she had spoken with the applicant who concurred this provision was supposed to read "shall", and it was revised accordingly. • SECTION III-F.7 — AN UNLIMITED NUMBER OF BANNER SIGNS NOT TO EXCEED FIFTY (50) SQUARE FEET IN AREA TO PROMOTE SEASONAL, CIVIC, OR COMMUNITY EVENTS THAT OCCUR ON A TEMPORARY BASIS, AS WELL Page 9 of 17 AGENDA ITEM#7E JUNE 10,2013 Draft Minutes of the April 16,2013 regular meeting of the Community Development Board AS FESTIVAL BANNERS PLACED ON STREET LIGHT POLES, ARE PERMITTED. Within the City of Atlantic Beach, banners must be registered with the City. Each establishment or organization is limited to thirty (30) consecutive or cumulative days per calendar year, and the banner may neither contain an advertising message nor hang over or extend into rights-of-way. Staff recommended the prohibition of banners on public property, including the placement of festival banners on street light poles located within the public right-of-way, as well as a limitation on the number of events and/or cumulative days"that event banners may be displayed, and a requirement that banners shall only be visible internally` to the development =..The applicant agreed that banners would be permitted°pursuant to Section 17-33 and revised this:section accordingly. • SECTION III-H - PROPERTIES WITHIN THE JURISDICTION OF THE,e CITY OF; :JACKSONVILLE (GOLF COURSE, RESIDENCES) SHALL BE-::SUBJECT TO COJ LANDSCAPING AND•. TREE ;:PROTECTION, REGULATIONS, WHILE PROPERTIES LOCATED WITHIN THE JURISDICTION OF THE CITY OF ATLANTIC BEACH (CLUBHOUSE, RECREATIONAL AMENITIES) SHALL BE SUBJECT TO COAB LANDSCAPING AND TREE PROTECTION REGULATIONS. Ms Hall said.staff had several concerns related to this provision First, there was the concern that the land within Jacksonville would be cleared according to COJ regulations, and there would be a monetary payment to COJ rather than replanting of trees to meet mitigation requirements. Second, there was concern that due to COJ's less stringent minimum tree standards — being one (1) tree per five thousand (5,000) square feet of lot area — as opposed to Atlantic Beach standards — being one (1) tree per two thousand five hundred (2,500) square feet of lot area — the new development would have a residential tree canopy significantly different from adjacent neighborhoods. According to the applicant, the main reason to apply the COJ standards for tree removal from the golf course and residential area was to reduce the burden of mitigation that would be associated with the many pine trees located on the property. However, the applicant expressed a commitment to meeting the Atlantic Beach minimum Page 10 of 17 AGENDA ITEM#7E Dr aft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013 tree standards for residential properties. Ms. Hall reported that after a lengthy discussion, a compromise was reached in which it was confirmed that all tree removal, land clearing and landscaping would be reviewed and permitted through the City of Atlantic Beach, though the staff would apply the COJ standards for tree removal on the golf course/residential parcel. The language of this clarified to reflect this. • EXHIBIT H – TRAFFIC:.STUDY FOR PLANNED ATLANTIC BEACH COUNTRY CLUB. Ms. Hall said the original traffic study prepared by Transportation Planners Enterprise, Inc, dated March 19, 2013, focused on two intersections only m-ayport Road/Dutton Island Road East and Seminole Road/Selva Marina Drive. Staff found this study to be faulty for three reasons: (1) It assumed all residential traffic would utilize Dutton Island Road for Ingress/egress and therefore did not anticipate impacts (from .:residential units) to Selva Marina Drive and Seminole Road; (2) It did not anticipate impacts to the intersection of Seminole Road/Plaza/Sherry Drive, locally. known as ``Fve Way"; and, (3) It only analyzed the PIVI;<<rusl hour, though staff suggests a significant impact`ill be on the AM movement through the Five Way intersection. Ms. Hall reported that an updated traffic study, dated April 12, 2013, was submitted and had been included in the materials Board members received at the beginning of the meeting. She said this document addressed staff concerns as follows: (1) The revised model dispersed thirty-three (33) percent of residential traffic to Selva Marina Drive and sixty-seven (67) percent to Dutton Island Road East by year 2016; (2) New traffic counts were taken at the Five Way intersection; and (3) New traffic counts were taken for the AM rush hour. Ms. Hall explained that the projected impact of the project is about a six (6) percent increase in traffic by 2016. She then displayed a table from the updated traffic study summarizing the estimated traffic impacts on level of service, and noted that the overall impact was below the established level of service for each road, as provided in the Transportation Element of the adopted Comprehensive Plan. Applicant T R Hainline, Rogers Towers, PA, introduced himself as the Page 11 of 17 AGENDA ITEM#7E Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013 Comment authorized agent for the applicant, which he said was a team of local builders and developers with a great track record. He thanked staff for the detailed and thorough review of the project, and said he now wished to provide the Board with a broad view of the goals the applicant wished to accomplish, namely (1) to maintain the viability of the club; (2) to maintain the value of the land; and (3) to maintain the natural environment, particularly the viewsheds, important to this community. Mr. Hainline noted that the proposed development represents a dramatic change from the approved PUD, in which all the density was loaded into less than a quarter of the land of the new project, but it is the applicant's desire to create a development that is consistent with.the existing character of Atlantic Beach. He emphasized that the proposal consists of three distinctive uses — single family residences, the golf course, and the clubhouse and recreational amenities. He reiterated the applicant's commitment to adequate buffers, secured access and a residential tree canopy consistent with adjacent neighborhoods, and he emphasized the updated traffic study's finding that.levels of service on impacted roads would remain acceptable. Mr. Hainline then;`addressed a citizen concern regarding drainage that was heard at a community meeting held the previous Tuesday o(April 9, 2013). He explained that drainage will be reviewed by at leastthree`agencies the City of Atlantic Beach, the St Johns River Water Management District, and the Florida Department of Environmental Protection — and that the development would comply with all pre-/post-development requirements. Stormwater facilities will be added to accommodate all runoff associated with residential development and the as part of the golf course • redesign, the property will be graded and treatment basins will be incorporated. He emphasized that stormwater runoff cannot be added to the creek or adversely impact the storage capacity of the creek. Mr. Hainline then discussed annexation, stating that it is the applicant's intent to seek annexation of the golf course and residential properties into the City of Atlantic Beach. He said that submittal of this concurrent rezone request to both jurisdictions is the first step. The submittal of an interlocal agreement to each jurisdiction will be an intermediate step. Mr. Hainline concluded, emphasizing the applicant's commitment Page 12 of 17 AGENDA ITEM#7E Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013 to continue working with staff and residents to meet the overarching goals of the project (1)to maintain viability of the club; (2) to maintain the value of the land; and, (3) to maintain the natural environment, particularly the viewsheds, important to this community. Public James Wheeler (1404 Linkside Drive) stated he was concerned that Comment there would be increased traffic utilizing 11th Street and Donner Road as a cut-through between,Seminole Road and Mayport Road. Cindy Cain (1945 Francis Avenue) questioned how Dutton Island Road East, which is now essentially one lane width, would be able to accommodate traffic from the development. Ms. Paul invited Mr. Hainline to respond, and he verified that Dutton Island Road East will be improved to City of Atlantic Beach standards, with a minimum pavement width of twenty (20) feet and secured access. Janet Allen (1007 Big Pine Key) also expressed concern regarding increased cut through traffic on 11th Street, and she asked why the applicant desired short term stays within the development. Mr. Hainline said that the inclusion of e the short term units was to provide an option to collaborate with an established resort/hospitality'provider Mr. Elmore elaborated, stating that the overnight stay concept is part of the rebranding of the club. He said that One Ocean had expressed a desire to market golf junkets, and it is seen as,a unique opportunity to benefit both the club and local businesses. .��Mary Kring (1580 Selva Marina Drive) asked what else could be developed on the property according to this Special Planned Area zoning, and if it is only single-family, why not change the zoning district classification of the property to one of the conventional single-family zoning districts. Mr. Hainline responded that the portion of the project currently within the City of Atlantic Beach is to be redeveloped with a new clubhouse and recreational amenities, that there will be no residential units on this property (other than the one existing house on the parcel to the north of the clubhouse parcel). He continued, explaining that in a Special Planned Area, as in a Planned Unit Development, the narrative and the site plan are binding. What is constructed must conform to what is shown on the site plan and what is described in the narrative. Father Mark Water (1243 Linkside Drive) inquired about the proposed Dutton Island Road East access and expressed concern Page 13 of 17 AGENDA ITEM#7E Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013 regarding increased cut-through traffic on 11th Street and Parkside Drive, noting that most people try to avoid Five Way. Mr. Hainline responded that the Dutton Island Road East access will be privately owned and maintained, and that it will be a secured ingress/egress for residents and commercial (vendor)traffic only. He added that if staff felt the traffic study needed to be revised to include impacts to 11th Street, the applicant would certainly comply. Monica Hayes (Sevilla) concurred that traffic generally backs up a block or more at the Five Way intersection during rush hour, and most especially during the morning when the school traffic controls are activated. She'then asked if consideration had been given as to the number of children this development would generate, thus increasing the traffic with a school destination during the morning rush hour. Ms. Hall told the Board that certain demographic and destination °, assumptions are built into transportation models, and thus the estimated number of trips provided in the traffic study takes into account these concerns. Board Mr. Stratton asked what the impaction the project would be if the Discussion golf course was not annexed into Atlantic Beach. Ms. Hall responded that the annexation was Separate action and there would not be any change in how the land was developed, whether the golf course and residential parcels were located in or out of Atlantic Beach. She reminded the Board that identical documents including both narrative and site plan — were submitted to both the City of Jacksonville and Atlantic Beach. Mr. Burgess summarized the differences in what is now approved versus what is proposed, stating that the most striking differences are (1) the change the boundaries and acreage, which is now four times greater the adopted plan, but which also reduces the overall density of the project; (2) the relocation of the residential development to the center of the golf course to create a more conventional residential golf community; and (3) the elimination of multi-family housing. Motion Mr. Stratton moved that the Community Development Board recommend approval of the Atlantic Beach Country Club SPA (Application REZ-13-00100048) to the City Commission, being a change in zoning district classification from Planned Unit Development (PUD) to Special Planned Area (SPA) for lands described within said application, approving the site development plan and adopting the application and supporting documents, and Page 14 of 17 AGENDA ITEM#7E Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013 all terms and conditions as set forth therein, subject to conditions enumerated, and provided the following findings of fact: (1) The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law; (2) The rezoning to Special Planned Area is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Low Density; (3) The rezoning is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Special Planned Areas; (4) The rezoning and the site development plan are consistent with the stated definition, intent and purpose of Special Planned Areas; and, (5) The zoning district classification of Special, Planned Area, and the specific uses and special conditions as set forth herein, are consistent and compatible with surrounding development : Mr. Burgess seconded the motion and it passed unanimously, 4-0,, with Mr. Elmore abstaining due to his previously stated conflict of interest. C. REZ-13-00100049, 0 11th Street(Selva Preserve,LLC) Request to rezone approximately Z05 acres from Planned Unit Development (PUD) to Residential Single Family (RS 1) The subject property is currently part of the Selva Marina Residential PUD the result of a Joint venture Agreement. This action seeks to remove the subject property from:the PUD approved by Ordinance No. 90- 09-209 and revert to the RS-1 zoning designation as previously approved by Ordinance No. 90-08-205. Staff a Ms. Hall reported that this request is incidental to the previous Report application "and should be viewed as merely an issue of housekeeping. She explained this parcel came to be part of the approved Selva Marina Residential PUD in 2009 as the result of a Joint Venture Agreement. However, that venture was not realized and the owners of this parcel are not partners in the Atlantic Beach Country Club SPA request. Because this parcel is less than ten (10) acres in area, and thus does not meet the minimum area requirements of a PUD, it must be rezoned. Because the owners of this parcel do not currently have plans to develop this parcel, they Have asked that the zoning simply revert to the previous classification, Residential Single-Family (RS-1). Applicant T R Hainline, Rogers Towers, P A, stated he was the authorized Comment agent for the applicant in this request also. He concurred with staff's assessment that this request was a matter of housekeeping, stating this property alone does not meet the minimum area requirements to be considered as a Planned Unit Development, and thus must be rezoned. He added the RS-1 zoning is consistent and compatible with surrounding lands, and any future Page 15 of 17 AGENDA ITEM#7E Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board JUNE 10,2013 development of the property would have to comply with all provisions of the adopted Comprehensive Plan and Land Development Regulations for the City of Atlantic Beach. Public Father Mark Waters (1243 Linkside Drive) expressed concern about Comment the impact of future development of the parcel on 11th Street and other infrastructure including the water/sewer capacity and sidewalks. Janet Allen (1007 Big Pine Key) expressed concern regarding any future development on the subject property, and questioned the density. Board Ms. Hall was asked to respond to the density question. She stated Discussion that the Future Land Use Designation is Residential, Low Density, which allows a maximum of six (6) dwelling units per acre, or up to forty-two (42) dwellings, without any consideration being given to environmental factors, infrastructure requirements or other subdivision and land development regulations. However, she told the Board that a preliminary assessment conducted when the land was previously zoned RS-1 estimated that no more than eleven single-family lots could be established on the parcel due to environmental conditions. Mr. Stratton asked how this compared with what was currently approved for the parcel. Ms. Hall reviewed the approved Selva Marina Country Club Residential PUD site plan and replied that the subject parcel is shown to have a total of twelve (12) complete lots and six (6)„partial lots. However, she noted the minimum lot standards foi-the RS-1 zoning district are greater, and therefore more restrictive, than those for the approved PUD. Motion Mr burgess moved that the Community Development Board recommend approval of Application REZ-13-00100049 to the City ;.:Commission, being a change in the zoning district classification from Planned Unit Development (PUD) to Residential, Single- Family (RS-1) for lands described within said application, including all supporting documents and information contained therein, and all terms and conditions as set forth therein, subject to conditions enumerated, and provided the following findings of fact: (1) The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law; (2) The rezoning to Residential, Single-Family (RS-1) is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Low Density; (3) Development pursuant to this Page 16 of 17 AGENDA ITEM#7E Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013 rezoning to Residential, Single-Family (RS-1) shall be consistent with the Zoning, Subdivision and Land Development Regulations for the City of Atlantic Beach prior to issuance of local permits authorizing construction or site alteration; (4) The zoning district classification of Residential, Single-Family (RS-1) is consistent and compatible with surrounding development, in that surrounding uses are existing single-family or future single-family residential uses. Mr. Stratton seconded the motion and it carried unanimously, with Mr. Elmore abstaining due to his previously stated conflict of interest. 5. REPORTS. None. 6. ADJOURNMENT—7:50 PM Brea Paul, Chair Attest Page 17 of 17 AGENDA ITEM#7E JUNE 10,2013 ORDINANCE NUMBER 90-13-216 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that the change in Zoning District designation enacted by this Ordinance shall provide for orderly growth; encourage the appropriate use of land; protect and conserve the value of property; prevent the overcrowding of land; promote, protect and improve the health, safety, comfort, good order, appearance, convenience, and general welfare of the public and serve to establish consistency with the Comprehensive Plan, and WHEREAS, after required notice was published, a public hearing was held by the Community Development Board on the 16th day of April 2013 at 6:00 p.m. Introduction and first reading of the proposed Ordinance by the City Commission was held on the 10th day of June 2013 at 6:30 p.m. Second reading of the proposed Ordinance and a public hearing to hear, consider and adopt said Ordinance was held on the 8th day of July 2013 at 6:30 p.m. NOW THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. That, as requested by Rogers Towers, P.A. on behalf of Atlantic Beach Partners, LLC, as authorized by Selva Marina Country Club, Inc, the title owner of record as identified in the application (File Number REZ-13-00100048) along with supporting documents for the zoning change submitted to the City of Atlantic Beach, Florida on March 25, 2013 hereinafter known as the Atlantic Beach Country Club Special Planned Area (SPA) application, which is attached to and made part of this Ordinance, the zoning classification of lands as described by legal description within Exhibit A is hereby changed to Special Planned Area. SECTION 2. That development of the lands within this Special Planned Area shall proceed in accordance with the Atlantic Beach Country Club Special Planned Area application and exhibits, as attached to this ordinance, first filed March 25, 2013, and other supporting documents, which are a part of File Number REZ-13-00100048, and incorporated by reference into and made part of this Ordinance. In the case of conflict between the application, the Ordinance No. 90-13-216/Page 1 of 3 AGENDA ITEM#7E JUNE 10,2013 supporting documents, and the provisions of this Ordinance, the provisions of this Ordinance shall prevail. SECTION 3. Special Condition: Development within this Special Planned Area shall be similar to and consistent with the design concept and architectural designs and styles depicted within renderings and drawings as contained within the Special Planned Area application, which are made part of this Special Planned Area Ordinance. SECTION 4. Findings of Fact: The need and justification for approval of the Atlantic Beach Country Club SPA have been considered in accordance with the Comprehensive Plan and the Zoning, Subdivision and Land Development Regulations and, whereby, it is found that: 1. This request for rezoning has been fully considered following a public hearing before and a recommendation from the Community Development Board and after public hearing before the City Commission with legal notice duly published as required by law. 2. This request for rezoning, and the detailed plan of development, is consistent with the 2020 Comprehensive Plan Future Land Use Map, as amended, and the designations of those lands as described within this application as Residential, Low Density. 3. This rezoning from Planned Unit Development to Special Planned Area is consistent with the Land Development Regulations in that the specific land to be redeveloped pursuant to this SPA has consisted of previous uses defined by the Land Development Regulations as residential and recreational, and said lands to be redeveloped are not composed of open land, water,marsh and wetland areas. 4. This Special Planned Area does not adversely affect the orderly development of the City, as embodied within Chapter 24, specifically Article III, Division 6 of the Land Development Regulations, and within Comprehensive Plan. 5. The proposed Special Planned Area is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Special Planned Areas. This rezoning and development of this Special Planned Area will proceed in accordance with Chapter 24, Article III, Division 6 and will accomplish the objectives and meet the Standards and Criteria of Section 24-121, as well as Article IV, Division 5, of this Chapter. 6. The zoning district designation of Special Planned Area, and the specific uses and special conditions as set forth within this Special Planned Area, are consistent and compatible with surrounding development, and the proposed Special Planned Area will not adversely affect the health and safety of residents in the area and will not be detrimental to the Ordinance No. 90-13-216/Page 2 of 3 AGENDA ITEM#7E JUNE 10,2013 natural environment or to the use or development of adjacent properties or the general neighborhood. SECTION 5. To the extent they do not conflict with the unique specific provisions of this Special Planned Area Ordinance, all provisions of the Land Development Regulations, as such may be amended from time to time, shall be applicable to this development; except that modification to this Special Planned Area by variance or special use shall be prohibited except as allowed by the Land Development Regulations, and except to the degree that the development may qualify for vested rights in accordance with applicable ordinances and laws. Notwithstanding any provision of this ordinance, no portion of any Building Code, Comprehensive Plan or any regulation aside from those set forth within the Land Development Regulations shall be deemed waived or varied by any provision herein. SECTION 6. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. Passed upon first reading by the City Commission of the City of Atlantic Beach this 10th day of June 2013. Passed and enacted, upon final reading and public hearing and adoption this 8th day of July 2013. Mike Bomo Mayor/Presiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Attest: Donna L. Bartle, CMC City Clerk Effective Date: Ordinance No. 90-13-216/Page 3 of 3 AGENDA ITEM#7E JUNE 10,2013 rEllwx 5 2013 BY��1 J,11 1��1'u�r" y > 3' APPLICATION FOR ZONING MAP AMENDMENT for SPECIAL PLANNED AREA—or—PLANNED UNIT DEVELOPMENT City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233-5445 Phone: (904)247-5800 • FAX (904)247-5805 • http://www.coab.us Date 1/25/2013 File No. Application No. RED 13 00r'0310 1. Applicant's Name Atlantic Beach Partners,LLC 2. Applicant's Address 414 Old Hard Road#502,Fleming Island,FL 32003 3. Property Location Selva Marina Country Club 4. Property Appraiser's Real Estate Number See Exhibit D 5. Current Zoning Classification PUD,RS-L 6. Comprehensive Plan Future Land Use Designation RL 7. Requested Action Rezone to SPA 8. Size of Parcel 169.02 acres 9.Utility Provider JEA 10. Provide a textual narrative and a composite site plan,which demonstrates compliance with Article III,Division 6 of the City of Atlantic Beach Zoning,Subdivision and Land Development Regulations. The narrative,and any required attachments, should concisely address each of the provisions and requirements of Section 24-120 and should be provided in an order and format consistent with this Section. Please provide a cover page and a table of contents identifying each attachment to the application. 11. The following items must be submitted with the application: a. List of adjacent property owners within 300 feet of the property including name, mailing address and Property Appraiser's Real Estate number from most recently certified tax rolls. Address two (2) legal size envelopes to each property owner on the list. Do not include a return address. Each envelope must contain proper postage. The order of the envelopes must match the order in which the names appear on the list. b. Proof of ownership(copy of deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner,a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. c. Required number of copies:five(5) Please submit ten(10)copies of any plans or attachments that are larger than 11 x 17 inches in size,or any other items that cannot be easily reproduced. d. Application Fee.($500.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s)or authorized person if owner's authorization form is attached: T.R.Hainline Printed or typed name(s): ,...• 1WOR -- Signature(s): ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: T.R.Hainline Mailing Address: 1301 Riverplace Blvd.,Suite 1500,Jacksonville,FL 32207 Phone: (904)346-5531 FAX: (904)396-0663 E-mail:THainline @RTLaw.com AGENDA ITEM#7E JUNE 10,2013 ATLANTIC BEACH COUNTRY CLUB PLANNED DEVELOPMENT(PUD)/ SPECIAL PLANNED AREA (SPA) EXHIBIT"A" LEGAL DESCRIPTION THAT CERTAIN TRACT OR PARCEL OF LAND BEING A PORTION OF GOVERNMENT LOTS 7, 8, 9, 10, 15 AND 16, OF SECTION 8; A PORTION OF GOVERNMENT LOT 6 OF SECTION 9, A PORTION OF GOVERNMENT LOT 2 OF SECTION 16, AND A PORTION OF GOVERNMENT LOTS 1 & 2 OF SECTION 17, ALL IN TOWNSHIP 2 SOUTH, RANGE 29 EAST, AND ALL THE LOT 5, BLOCK 1, DONNER'S REPLAT AS RECORDED IN PLAT BOOK 19, PAGES 16 AND 16A OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF THE FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST; THENCE NORTH 06°45'00" WEST, 2073.94 FEET TO THE LINE DIVIDING SAID SECTION 8 AND 17 FOR A POINT OF BEGINNING; THENCE SOUTH 89°28'50" WEST, ALONG SAID SECTION LINE, 106.50 FEET TO THE NORTHEAST CORNER OF GOVERNMENT LOT 2 OF SAID SECTION 17; THENCE SOUTH 00°00'30"WEST, ALONG THE EASTERLY BOUNDARY OF SAID GOVERNMENT LOT 2, 75.00 FEET; THENCE SOUTH 89°28'50"WEST,AND PARALLEL TO SAID SECTION LINE, 469.26 FEET TO THE EASTERLY BOUNDARY OF BLOCK 1 OF SAID DONNER'S REPLAT; THENCE NORTH 00°11'34" WEST, ALONG THE EASTERLY BOUNDARY OF SAID BLOCK 1, 4.00 FEET TO THE SOUTH EAST CORNER OF SAID LOT 5, BLOCK 1; THENCE SOUTH 89°28'50" WEST ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 5, 176.00 FEET TO THE EASTERLY RIGHT OF WAY OF FRANCIS AVENUE AND THE WESTERLY BOUNDARY OF SAID LOT 5; THENCE NORTH 00°11'34" WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID FRANCIS AVENUE, 71.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 5, SITUATED IN SAID SECTION LINE; THENCE SOUTH 89°28'50" WEST ALONG SAID SECTION LINE, 12.27 FEET TO THE SOUTHWEST CORNER OF THE EAST (1/2) OF GOVERNMENT LOT 15 OF SAID SECTION 8; THENCE NORTH 00°31'10" WEST, ALONG THE WESTERLY BOUNDARY LINE OF SAID EAST (1/2) OF GOVERNMENT LOT 15, 1324.81 FEET TO THE SOUTHERLY BOUNDARY OF GOVERNMENT LOT 10 OF SAID SECTION 8; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 10, SOUTH 89°03'10" WEST, 355.77 FEET TO THE SOUTHEAST CORNER OF FAIRWAY VILLA AS RECORDED IN PLAT BOOK 39, PAGE 22 OF SAID PUBLIC RECORDS; THENCE NORTH 01°23'15" WEST, ALONG THE EASTERLY LINE OF SAID FAIRWAY VILLA, 1875.00 FEET THENCE NORTH 88°36'45" EAST, 470.00 FEET; THENCE NORTH 51°45'15" EAST, 404.23 FEET TO THE MOST WESTERLY CORNER OF SEVILLA GARDENS UNIT 2, AS RECORDED IN PLAT BOOK 45, PAGE 7 OF SAID PUBLIC RECORDS; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID SEVILLA GARDENS UNIT 2 AND A SOUTHEASTERLY PROLONGATION THEREOF,ALONG THE ARC OF A CURVE THAT IS CONCAVE TO THE NORTHEAST AND HAS A RADIUS OF 4069.72 FEET,A DISTANCE OF 1088.60 FEET AS MEASURED ALONG A AGENDA ITEM#7E JUNE 10,2013 CHORD BEARING SOUTH 47°06'35" EAST; THENCE NORTH 59°36'55" EAST, 90.85 FEET; THENCE SOUTH 30°27'05" EAST, 187.60 FEET; THENCE ALONG A CURVE THAT IS CONCAVE TO THE NORTHEAST AND HAS A RADIUS OF 4069.72 FEET, A DISTANCE OF 118.00 FEET, AS MEASURED ALONG A CHORD BEARING SOUTH 58°35'55" EAST; THENCE SOUTH 12°22'05" EAST, A DISTANCE OF 46.00 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY SHORELINE OF A DRAINAGE DITCH AND/OR CANAL; THENCE SOUTHERLY ALONG THE WESTERLY SHORELINE OF SAID DRAINAGE DITCH AND/OR CANAL, 2026.00 FEET MORE OR LESS TO A POINT WHICH IS 15.00 FEET EASTERLY OF A POINT THAT IS SOUTH 12°22'05" EAST, 2071.75 FEET, FROM THE END OF THE LAST DESCRIBED CURVED LINE COURSE, SAID POINT BEING ON A WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 1, BLOCK 9, SELVA MARINA UNIT 5, AS RECORDED IN PLAT BOOK 30, PAGES 29 AND 29A OF SAID PUBLIC RECORDS; THENCE NORTH 78°03'10" EAST ALONG SAID WESTERLY PROLONGATION AND ALONG THE SOUTH LINE OF LOT 1, 332.00 FEET MORE OR LESS TO AN INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF SELVA MARINA DRIVE (A 100 FOOT RIGHT OF WAY), SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 11°56'50" EAST, ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID SELVA MARINA DRIVE, 750.00 FEET; THENCE SOUTH 78°03'10" WEST, 450.00 FEET TO THE NORTHEASTERLY CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 1270,PAGE 559; THENCE SOUTH 11°56'50" EAST,270.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID LANDS SO DESCRIBED; THENCE SOUTH 78°03'10" WEST, 250.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1270,PAGE 559; THENCE SOUTH 11°56'50" EAST, AND PARALLEL TO THE WESTERLY RIGHT OF WAY LINE OF SAID SELVA MARINA DRIVE, 684.44 FEET; THENCE SOUTH 83°42'10" WEST, 669.45 FEET; THENCE NORTH 06°45'00" WEST, 1322.13 FEET TO AN INTERSECTION WITH SAID SECTION LINE DIVIDING SECTION 8 AND 17; THENCE SOUTH 89°28'50" WEST, ALONG SAID SECTION LINE, 301.78 FEET TO THE POINT OF BEGINNING. 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N `" \CY Q �'‘ I 1 1 ___....--%tt itOt J O •�_�� \ "O i 5,.., /. ,_____,. 1.._.,_ ,I H O n to ,p 1 -- J � Q t \ O ,/."' - o o. \� p ` � • -----`'— _. ,. o ' /°po � O1 r '�p_,... 0.= ; _ rte---- � 3),,---;\ .----.. \C / , \-- \.,---- .."---,0,,''' - —,;1!\ 0, 0 •.\ °\ ` a.7\\=1CA ,--,.."' _\:. id O o Os~'`•" Ij ,,` 's 0 �' SAW AGSEA,AENRT t'c......._�.+a tq c(''"stsss I U'O 9 �` i',....•r _�©I,0�.— FACILITY(TYPj "' N . .I s‘jillak till \\\kit _.--- --I \ \ 't -\\--,.„ -:‘'N ‘‘, \ it 4 _ t -\ 0 1„1._________,,,,,, 1!t E t j { 1 / T' aP Go4FHOLEC ftLWE(TYj " "Ell- - :/-I 10 ...., ORNING FLANGE / _ �/ t,- 1 ----515'' „. rs.s�TT°,W . g CLUBHOUSE 1 1 V N:d �__ 1 �f Ecr. ”- TI W--~"I kdetuni-- ' \ 4\ {7� ...+....�»".xl3•.---''---_________:„:"1.�._ -�;.,n ••� _-_.—% g4.011 - \ \ \. �,.�x. \ `2 1y r'1 1 t i ,A , 'ry ., s k- v A--. _ - r __--.- 1 _.- P,.jed Man.PC A.ACea — --�'- "'�..` \.\� Metgn. Larsen!Mows y C.AM1aI oIAN. /TM i - \ \ \ \ ( I \ \\ '1i Pe - •\ Pitied Na ,1210 1 . EXIIIBIT "C" Da* Maeh21,2011 Sheet Na: 1 £10Z'01 IN 1f �a� "I"."'iD'° a#Wail VCI IIDV AGENDA ITEM#7E JUNE 10,2013 Exhibit "D" Atlantic Beach Country Club Planned Unit Development (PUD)/Special Planned Area (SPA) Written Narrative of Plan of Development Date: April 16,2013 Current Land Use Designation: LDR(City of Jacksonville); RL (City of Atlantic Beach) Current Zoning District: RR and PUD (City of Jacksonville); PUD (City of Atlantic Beach) Requested Zoning District: PUD (City of Jacksonville); SPA (City of Atlantic Beach) RE##: 169399-0000; 169399-0010; 172000-0000; 172024-0000; 172027-0010; 172027-0030; 172029-0000; 172036-0000; 172157-0000 NOTE: The development described in this Written Narrative includes property within the City of Jacksonville ("COJ Property") and property within the City of Atlantic Beach ("COAB Property")(collectively, the "Property"). This is intended to serve as a Written narrative both for a Planned Unit Development (PUD) on the COJ Property and for a Special Planned Area (SPA) on the COAB Property. The development described in this Written Narrative is a single family residential development, golf course, country club, recreational amenities, and associated roadways, access, stormwater, maintenance, and related facilities and infrastructure. All uses are part of a unified plan which will be consistent with the comprehensive plans for both the City of Jacksonville (COJ) and the City of Atlantic Beach (COAB) and will meet the intent of the land development regulations in both jurisdictions as well. As is permitted under the COJ regulations for a PUD and under the COAB regulations for an SPA, this Written Narrative will allow for flexibility from the application of these regulations where it is necessary for a unified and internally consistent development. OVERVIEW OF THE DEVELOPMENT Selva Marina Country Club, Inc. (the Applicant) was incorporated in 1956 as a for-profit corporation. The sole asset of the corporation is the Selva Marina Country Club ("Country Club"), which consists of a private eighteen-hole golf course, clubhouse, tennis courts, and other recreational amenities. Membership in the Country Club has declined significantly over recent years, and the Applicant desires to undertake an extensive redevelopment of the golf course, including the construction of new single family homes, a new clubhouse, and other associated facilities and infrastructure. EXHIBIT on File Page of AGENDA ITEM#7E JUNE 10,2013 I. LAND USE, ZONING, AND USES: PROPERTY AND SURROUNDING PROPERTIES. A. The COJ Property lies within the LDR land use category of the COJ Comprehensive Plan and is zoned RR and PUD. The COAB property lies within the RL land use category of the COAB Comprehensive Plan and is zoned PUD and RS-L. B. For all but the southwest corner of the Property,the Property is surrounded by single family,multifamily, public use, and vacant properties which lie within the COAB. These properties are within the RL, RM, RH, and P/SP land use categories of the COAB Comprehensive Plan and are within the RS-L, RS-2, RG-M, PUD, and CG zoning districts of the COAB Land Development Regulations. At the southwest corner of the Property, the Property adjoins commercial and residential properties which lie within the COJ. These properties are within the CGC, RPI, and MDR land use categories of the COJ Comprehensive Plan and are within the CCG-2, CCG-1, CRO, and RMD-A zoning districts of the City of Jacksonville Zoning Code. II. GENERAL PLAN FOR THE DEVELOPMENT. A. The development described in this Written Narrative is a single family residential development, golf course, clubhouse, recreational amenities, and associated roadways, access, stormwater,maintenance, and related facilities and infrastructure. B. The Property is approximately 169.02 acres. The COJ Property is approximately 135.12 acres. The COAB Property is approximately 33.90 acres. C. Consistent with the variety of residential densities and lot sizes which surround the Property and which are typical of the COAB,the development will include a varied mix of lot sizes and single family residential types. The Conceptual Site Plan filed with this application shows a mix of lot sizes and types. The total number of residential units shall not exceed 180 units. However, subject to the minimums and maximums shown on the Conceptual PUD Site Plan, the location and number of each of the varying lots sizes and types shown on the Conceptual Site Plan is conceptual only and may be subject to change, due to site engineering or other factors, without amendment or modification of the PUD/SPA. The single family residential uses will comprise approximately 34.44 acres, including approximately 34.36 acres within COJ and approximately 0.08 acres within COAB. D. As shown on the Conceptual Site Plan, a golf course, related structures (bathrooms, shelters/stops, bathrooms, food, drink, etc.), maintenance facilities, cart barn, parking, and similar uses will be located around and among the single family residential uses. The golf course and related uses will comprise approximately 117.39 acres, including approximately 91.25 acres within COJ and approximately 26.14 acres within COAB. E. Within the "Club Site" parcel as shown on the Conceptual Site Plan will be located a clubhouse and recreational amenities, which may include pool, cabana/clubhouse, pro shop(s), health/exercise facility, offices, tennis courts, other recreational court(s) and/or field(s), JAX\1733919_8 -2- AGENDA ITEM#7E JUNE 10,2013 parking, storage, and similar facilities. The clubhouse and recreational amenities will comprise approximately 6.74 acres, including approximately 0.00 acres within COJ and approximately 6.74 acres within COAB. F. The "Club Site"parcel as shown on the Conceptual Site Plan includes a parcel of 1.12 acres (RE# 172000-0000)which is located in COAB, currently zoned RS-L, and used for single family residential use. That parcel either will be incorporated into the clubhouse and recreational amenities use or will continue to be used for single family residential use consistent with the RS-L zoning district in the COAB Zoning Regulations. G. As shown on the Conceptual Site Plan and as described further below, structures for vehicular access (secured gate and/or gatehouse) may be located at the entrance to the development at Dutton Island Road East. Structures for golf cart access (such as bridges or shelters) also may be located throughout the development. The development also will include roadways, stormwater facilities, and other related facilities and infrastructure. The roadways and other supporting facilities and infrastructure will comprise approximately 10.45 acres, including approximately 9.08 acres within COJ and approximately 1.37 acres within COAB. III. PERMITTED USES: DEVELOPMENT CRITERIA. This section of the Written Narrative addresses the following items: Permitted Uses and Structures, Permitted Accessory Uses and Structures, Minimum Lot Requirements (width/density/area), Maximum Lot Coverage by all Buildings and Structures, Minimum and/or Maximum Yard Requirements, and Maximum Height of Structures. A. Single Family Residential. 1. Permitted uses and structures. a. Single family detached dwellings. b. Essential services, including water, sewer, gas, telephone, cable, radio and electric. c. Home occupations subject to the conditions in Section M.D. 5 below. d. Courtyard Lots described below which are adjacent to the golf course, permitted uses may include units for daily/overnight rental; provided, however, (1) That the maximum number of Courtyard Lot units which may be used for daily/overnight rental is four (4) units located within the same courtyard lot configuration. (2) All such units shall be owned by the same entity, which shall be the owner/operator of a hospitality business, such as hotel(s) or resort(s), and shall be managed by an entity JAX\1733919_8 -3- AGENDA ITEM#7E JUNE 10,2013 with office(s) in Duval County.. (3) All such units shall be subject to the restrictive covenants described below. 2. Maximum total number of residential units: 180. 3. Lot requirements: As shown on the Conceptual Site Plan, lot requirements within the development will vary. The lot requirements are set forth below. 4. Membership in club: All owners of residential lots within the development shall be members of the club. 5. Sinjle Family--80'(--89')Lots: Minimum lot requirement (width and area), Lot coverage by all buildings, Minimum yard requirements, and Maximum height of structure for each Single Family use. a. Minimum lot requirement (width and area). The minimum lot requirement (width and area) for single family uses is: (1) Width—Eighty(80) feet. (2) Area-8,000 square feet. b. Maximum impervious surface. Sixty-five (65)percent. c. Minimum yard requirements. The minimum yard requirements for all uses and structures (as measured from the wall of the structure)are: (1) Front—Twenty (20) feet from face of garage to back of right-of-way and fifteen (15) feet from building face or porch to back of right-of-way; except corner/double- frontage lots, for which the non-address front/side minimum yard shall be ten(10) feet from garage or building face to back of right-of-way. (2) Side—Five (5) feet, provided that the combined side yards shall not be less than ten (10) feet. (3) Rear—Ten(10) feet. d. Maximum height of structure. Thirty-five (35) feet. 6. Sinile Family--70'(-79') Lots:Minimum lot requirement (width and area), Lot coverage by all buildings, Minimum yard requirements, and Maximum height of structure for each Single Family use. JAX\1733919_8 -4- AGENDA ITEM#7E JUNE 10,2013 a. Minimum lot requirement(width and area). The minimum lot requirement(width and area) for single family uses is: (1) Width—Seventy (70) feet. (2) Area-7,000 square feet. b. Maximum impervious surface. Sixty-five (65)percent. c. Minimum yard requirements. The minimum yard requirements for all uses and structures (as measured from the wall of the structure) are: (1) Front—Twenty (20) feet from face of garage to back of right-of-way and fifteen(15) feet from building face or porch to back of right-of-way; except corner/double- frontage lots, for which the non-address front/side minimum yard shall be ten (10) feet from garage or building face to back of right-of-way. (2) Side—Five (5) feet, provided that the combined side yards shall not be less than ten (10) feet. (3) Rear—Ten(10) feet. d. Maximum height of structure. Thirty-five (35) feet. 7. Single Family--60'(-69')Lots:Minimum lot requirement (width and area), Lot coverage by all buildings, Minimum yard requirements, and Maximum height of structure for each Single Family use. a. Minimum lot requirement(width and area). The minimum lot requirement(width and area) for single family uses is: (1) Width—Sixty (60) feet. (2) Area-6,000 square feet. b. Maximum impervious surface. Sixty-five (65)percent. c. Minimum yard requirements. The minimum yard requirements for all uses and structures (as measured from the wall of the structure) are: (1) Front—Twenty (20) feet from face of garage to back of right-of-way and fifteen (15) feet from building face or porch to back of right-of-way; except corner/double- frontage lots, for which the non-address front/side JAX\1733919_8 -5- AGENDA ITEM#7E JUNE 10,2013 minimum yard shall be ten(10) feet from garage or building face to back of right-of-way. (2) Side—Five (5) feet,provided that the combined side yards shall not be less than ten(10) feet. (3) Rear—Ten(10) feet. d. Maximum height of structure. Thirty-five (35) feet. 8. Single Family--55'(--59') Lots: Minimum lot requirement (width and area), Lot coverage by all buildings, Minimum yard requirements, and Maximum height of structure for each Single Family use. a. Minimum lot requirement (width and area). The minimum lot requirement(width and area) for single family uses is: (1) Width—Fifty (55) feet. (2) Area-5,500 square feet. b. Maximum impervious surface. Sixty-five (65) percent. c. Minimum yard requirements. The minimum yard requirements for all uses and structures (as measured from the wall of the structure) are: (1) Front—Twenty (20) feet from face of garage to back of right-of-way and fifteen(15) feet from building face or porch to back of right-of-way; except corner/double- frontage lots, for which the non-address front/side minimum yard shall be ten(10) feet from garage or building face to back of right-of-way. (2) Side—Five (5) feet,provided that the combined side yards shall not be less than ten(10) feet. (3) Rear—Ten(10) feet. d. Maximum height of structure. Thirty-five (35) feet. 9. Courtyard Single Family Lots:Minimum lot requirement (width and area), Lot coverage by all buildings, Minimum yard requirements, and Maximum height of structure for each Single Family use. a. Minimum lot requirement (width and area). The minimum lot requirement(width and area) for single family uses is: (1) Width—Fifty (50) feet. JAX\1733919_8 -6- AGENDA ITEM#7E JUNE 10,2013 (2) Area-4,000 square feet. b. Maximum impervious surface. Sixty-five (65)percent. c. Minimum yard requirements. The minimum yard requirements for all uses and structures (as measured from the wall of the structure) are: (1) Front—Twenty (20) feet from centerline of private access driveway, ten (10) feet from public street right-of-way, and ten (10)feet from building face or porch to lot boundary. (2) Side—Five (5) feet. (3) Rear—Ten (10) feet. d. Maximum height of structure. Thirty-five (35)feet. e. Thematic plan. Attached as Exhibit—is a thematic plan depicting a potential lot layout for the Courtyard Lots. Lot and access configuration may vary from the thematic plan. 10. Patios. Patios, including screened patios (without a structural roof), outdoor dining, terraces, courtyards, or similar exterior structures shall be permitted for each unit and may be located within side or rear yards but shall not be located within five (5) feet of any property boundary. 11. Maximum Heights. Maximum heights shall be subject to Article XIV, Section 59, of the Charter of the City of Atlantic Beach and the definition of"height" as provided in the COAB Zoning Regulations. 12. Impervious surface definition. As used in this PUD/SPA Written Narrative, "impervious surface means: those surfaces that prevent the entry of water into the soil. Common impervious surfaces include,but are not limited to, rooftops, sidewalks, patio areas, driveways,parking lots, and other surfaces made of concrete, asphalt, brick, plastic, or any surfacing material with a base or lining of an impervious material. Wood decking elevated two (2) or more inches above the ground shall not be considered impervious provided that the ground surface beneath the decking is not impervious. Pervious areas beneath roof or balcony overhangs that are subject to inundation by stormwater and which allow the percolation of that stormwater shall not be considered impervious areas. Swimming pools shall not be considered as impervious surfaces because of their ability to retain additional rainwater, however, decking around a pool may be considered impervious depending upon materials used. Surfaces using pervious concrete or other similar open grid paving systems shall be calculated as fifty (50) percent impervious surface, provided that no barrier to natural percolation of water shall be installed JAX\1733919_8 -7- AGENDA ITEM#7E JUNE 10,2013 beneath such material. Open grid pavers must be installed on a sand base, without liner, in order to be considered fifty (50) percent impervious. Solid surface pavers (e.g., brick or brick appearing pavers as opposed to open grid pavers) do not qualify for any reduction in impervious area, regardless of type of base material used. 13. RS-L--COAB Parcel of 1.12 acres (RE#172000-0000). As described above, as an alternative to the Clubhouse/Recreational Amenities use described below, a COAB parcel of 1.12 acres (RE# 172000-0000) may continue to be used for single family residential use consistent with the RS-L zoning district as described in the COAB Zoning Regulations. B. Clubhouse/Recreational Amenities. 1. Permitted uses and structures. a. Clubhouse (maximum of 30,000 sq. ft.) and recreational amenities, which may include pool, cabana/clubhouse, spa, sauna, pro shop(s),health/exercise facility, offices,tennis courts and associated lighting and fencing, other recreational court(s) and/or field(s) and associated lighting and fencing, storage, and similar facilities. b. Outdoor social events, including parties, weddings, and holiday events,with associated uses including outdoor service of food and beverage, including alcoholic beverages, outdoor music,fireworks, and similar activities. c. Sale and service of food and beverage, including alcoholic beverages. d. Retail sales of recreation-related items at pro shop(s). e. Golf cart maintenance and/or storage. f. Essential services, including water, sewer, gas, telephone, cable, radio and electric. 2. Minimum lot requirement. Four(4) acres. 3. Maximum impervious surface. Eighty-five percent(85%). 4. Minimum yard requirements. The minimum yard requirements for all uses and structures (as measured from the wall of the structure) are: (1) Front—Twenty (20) feet. (2) Side—Ten(10) feet, or five (5) feet with buffer as provided below. (3) Rear—Ten (10) feet, or five (5) feet with buffer as JAX\1733919 8 -8- AGENDA ITEM#7E JUNE 10,2013 provided below. 5. Maximum height of structure. Maximum heights shall be subject to Article XIV, Section 59, of the Charter of the City of Atlantic Beach and the definition of"height" as provided in the COAB Zoning Regulations. 6. Recreational use buffers and lighting. The tennis courts, pool/cabana, and other outdoor recreational court(s) or field(s) shall be buffered with a minimum 5-foot wide landscaped buffer from the Property boundary. This buffer shall be planted and maintained with shrubs or trees that provide an opaque vegetative buffer. Buffers as required above may include fences or walls, provided that no solid fence or wall within any such buffer shall exceed eight feet in height. This height limit shall not apply to the types of fencing customarily used to enclose tennis courts. Lighting in any location shall be directed away from residential dwellings, and no tennis courts in any location shall be lighted later than 10:00p.m. C. Golf Course. 1. Permitted uses and structures. a. Golf course,practice facilities and associated lighting and fencing, related structures (bathrooms, food, drink, etc.), "starter" or"half way"houses or shelters/stops, maintenance facilities, and similar uses. b. Golf cart maintenance and/or storage. c. Sale and service of food and beverage, including alcoholic beverages, at"starter" or"half way" houses or shelters/stops or from service carts. d. Essential services, including water, sewer, re-use, gas, telephone, cable, radio and electric. 2. Minimum lot requirement (width and area). None. 3. Maximum lot coverage by all buildings. None. 4. Minimum yard requirements. None. 5. Maximum height of structure. None. D. Accessory Uses and Structures. JAX\1733919_8 -9- AGENDA ITEM#7E JUNE 10,2013 Accessory uses and structures are permitted if those uses and structures are of the nature customarily incidental and clearly subordinate to a permitted principal use or structure and these uses and structures are located on the same lot (or contiguous lot in the same ownership) as the principal use. Whether attached or detached to a building or structure containing the principal use, the accessory structure shall be considered as a part of the principal building. Accessory uses shall not involve operations or structures not in keeping with character of the district where located and shall be subject to the following: 1. Accessory uses shall not be located in required front or side yards except as follows: a. Detached accessory structures such as carports, covered parking, or garages for vehicles or golf carts which are separated from the main structure may be located in a required side or rear yard but not less than five (5) feet from a lot line. If bonus rooms are located above such an accessory structure, then such structure also shall be not less than five (5) feet from a lot line. The total number of buildings on any lot zoned for single-family use shall not exceed three (3) including the principal use structure, detached carports/parking/garage, and any other detached building. b. Air conditioning compressors or other equipment designed to serve the main structure may be located in a required side or rear yard and may be located not less than three (3) feet to the property line. c. Swimming pools and associated screened enclosures (without a structural roof) may be located in a required rear or side yard but may not be located less than five (5) feet from the property line or top of the bank of a pond, whichever is applicable. 2. Accessory uses and structures in a residential district shall include noncommercial greenhouses and plant nurseries, servants' quarters and guesthouses, private garages and private boathouses or shelters, toolhouses and garden sheds, garden work centers, children's play areas and play equipment, private ball courts, private barbecue pits, outdoor fireplaces, ornamental pools, gazebos, and swimming pools, facilities for security guards and caretakers and similar uses or structures which are of a nature not likely to attract visitors in larger number than would normally be expected in a residential neighborhood. Any structure under a common roof and meeting all required yards is a principal structure. The maximum height of an accessory structure shall not exceed twenty-five (25) feet. 3. Land clearing and processing of land clearing debris shall be accessory uses;provided, however, land clearing debris may be processed only in conformity with applicable fire codes and other chapters of the applicable code to the extent those chapters are applicable. JAX\1733919 8 -10- AGENDA ITEM#7E JUNE 10,2013 4. Essential services (utility systems) shall be allowed as a permitted use subject to the following conditions: a. Central water systems, sewerage systems, re-use systems, utility lines, and easements shall be provided underground and in accordance with the appropriate sections of the code. 5. Home occupations shall be allowed subject to the following conditions: a. The use of the premises for the home occupation shall be incidental and subordinate to its use for residential purposes by its occupants and shall, under no circumstances, change the residential character thereof. b. There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation. c. There shall be no equipment or process used in the home occupation which creates excessive noise, vibration, glare, fumes odors or electrical interference detectable to normal senses off the lot. d. In the case of electrical interference, no equipment shall be used which creates visual or audible interference in the radio or television receiver off the premises or causes fluctuations in line voltage off the premises. E. Access. 1. Access will be provided as shown on the Conceptual Site Plan via Selva Marina Drive and Dutton Island Road East. 2. Golf cart access may be provided to adjoining properties pursuant to private access agreements. 3. The location and design of the access at Selva Marina Drive shall be subject to the review and approval of the COAB Planning and Zoning Department and Public Works Department. 4. The location and design of the access at Dutton Island Road East shall be subject to the review and approval of COAB. Within the existing right-of- way, Dutton Island Road East shall be improved to a minimum pavement width of twenty feet (20')to the specifications directed by COAB Planning and Zoning Department and Public Works Department. Pedestrian and vehicular access at Dutton Island Road East shall be secured inside the Property to limit access to residents of the development within the PUD/SPA, commercial traffic to and from the JAX\1733919_8 -11- AGENDA ITEM#7E JUNE 10,2013 Clubhouse/Recreational Amenities uses and Golf Course uses, and construction traffic for development within the PUD/SPA. Structures for vehicular access [secured gate(s) and/or gatehouse, mail kiosk, community bulletin board, etc.] may be located at the access inside the Property. 5. All internal roads will be dedicated public streets, designed to COJ specifications, and dedicated to the COJ or COAB except(i) the portion of the internal roadway system connecting the system to Dutton Island Road East and (ii) internal driveways into Courtyard Lots as described above, which may be an approved private road with access easements for permanent access to the residential units. 6. The configuration and design of the internal road system, including roads, any traffic circles, and intersections, shall be subject to the review and approval of the COAB Planning and Zoning Department and Public Works Department. Features which will be permitted include: Miami- type curbing on landscape islands and other appropriate locations; sixteen foot (16') pavement width at appropriate locations for traffic calming; and brick pavers, stamped concrete, or stamped asphalt at appropriate locations. The internal roadway system shown on the Conceptual Site plan is schematic only and may be subject to realignment prior to development, due to site engineering or other factors, without amendment or modification of the PUD/SPA. F. Signage. 1. Community identification monument signs will be permitted within the Property at the access points to the PUD/SPA at Selva Marina Drive and at the terminus of Dutton Island Road East. These signs shall not exceed eight(8) feet in height and thirty-two (32) square feet in area(each side) excluding border and columns, may be two sided and externally illuminated, and may identify the club, golf course, and residential uses. Alternatively, these signs may be designed as entry towers, 1, 2, 3 or 4 sided (or cylindrical), an a maximum of thirty-two (32) square feet per side excluding border, base or foundation, and tower cap, a maximum of twenty-four(24) feet in height. The entry towers would be architecturally consistent with the clubhouse and club facilities. 2. Existing signage for the club at the intersection of Selva Marina Drive and Seminole Drive may be redesigned and updated for the club, golf course, and residential uses, and continues to be maintained by the Country Club. The sign may be externally illuminated. 3. At the Clubhouse/Recreational Amenities and the Golf Course, wall signs are permitted and shall not exceed ten (10) percent of the square footage of the occupancy frontage or respective sides of the building facing the public rights-of-way. In addition to wall signs, awning signs are permitted JAX\1733919_8 -12- AGENDA ITEM#7E JUNE 10,2013 and shall not exceed ten(10)percent of the square footage of the occupancy frontage or respective sides of the building facing the public rights-of-way; provided, any square footage utilized for an awning sign shall be subtracted from the allowable square footage that can be utilized for wall signs. Under canopy signs also are permitted. One (1)under the canopy sign per occupancy is permitted not exceeding a maximum of twenty (20) square feet in area per side; provided, any square footage utilized for an under the canopy sign shall be subtracted from the allowable square footage that can be utilized for wall signs. 4. Directional signs indicating activities,buildings, common areas, and other features within the Clubhouse/Amenities and Golf Course uses will be permitted. The design of these signs should reflect the character of the use identity signs and may include the project logo and name. For predominantly vehicle directional signage, such signs shall be a maximum of four(4) square feet in area per sign face. For pedestrian directional signage, such as privately maintained"informational side walk kiosks", 1, 2, 3 or 4 sided (or cylindrical), such signs shall be a maximum of twenty (20) square feet per side and a maximum of twelve (12) feet in height. All Vehicular Control Signs shall meet the requirements of the Manual on Uniform Traffic Control Devices; privately maintained street signage with with decorative post(s) and finials are permitted. 5. Real estate and construction and temporary signs are permitted. Signs of a maximum of thirty-two (32) square feet in area and eight(8) feet in height for model homes also shall be permitted. 6. Because all identity and directional signs are architectural features intended to be compatible with and complimentary of the buildings in the PUD, they may be located in structures or frames that are part of the architecture of the project. Accordingly, sign area for all such signs as well as wall, awning, and under the canopy signs, shall be computed on the basis of the smallest regular geometric shape encompassing the outermost individual letters, words, or numbers on the sign. 7. Banner signs may be permitted pursuant to Section 17-33 of the COAB Ordinance Code. 8. Signs required by environmental permitting to be posted in common areas such as stormwater facilities shall be permitted. G. Construction offices/model homes/real estate sales. 1. On-site, temporary construction offices/model homes/sales offices/club membership marketing will be permitted until build-out. Real estate sales activities and club membership marketing are permitted within model homes. Associated parking for sales activities is permitted adjacent to JAX\1733919 8 -13- AGENDA ITEM#7E JUNE 10,2013 model homes. Upon the approval of construction plans for the infrastructure improvements for residential development within the PUD/SPA, the Applicant may seek and obtain building permits for the construction of up to twenty percent (20%) of the residential units prior to the recordation of the subdivision plat(s) for the residential lots. H. Landscaping and Tree Protection. For the Single Family Residential and Golf Course uses, tree protection during development will be governed by Section 656.1204 et seq. of the COJ Zoning Code. Landscaping will be governed by the design standards in Section 24-176 et seq. of the COAB Ordinance Code. In tree protection efforts and landscaping design, maintenance of existing trees or re-planting of trees on site shall be preferred to mitigation. For the Clubhouse/Recreational Amenities use, landscaping and tree protection will be provided in accordance with Section 24-176, et seq. (landscaping) and Part II, Chapter 23 (tree protection), COAB Ordinance Code. Parking. For the Clubhouse/Recreational Amenities and Golf Course uses,parking shall be provided in accordance with Sections 24-161 and 24-162, COAB Ordinance Code. J. Sidewalks/Pedestrian Circulation. For the Single Family Residential and Golf Course uses, sidewalks and pedestrian circulation will be provided in accordance with the COJ Comprehensive Plan and Code of Subdivision Regulations. In particular locations, sidewalks may accommodate golf carts. As provided in Section III.E.4 above, pedestrian access to Dutton Island Road East may be secured. For Clubhouse/Recreational Amenities uses, sidewalks and pedestrian circulation will be provided in accordance with Part II, Chapter 19, COAB Ordinance Code. K. Restrictive Covenants. Restrictive covenants will be recorded prior to the sale of Single Family Residential lots to provide for thematic consistency and for the review of individual building plans by an architectural review board. L. Owners' Association An owners' association will be established to maintain common areas. M. Golf Cart Usage and Circulation. JAX\1733919_8 -14- AGENDA ITEM#7E JUNE 10,2013 Notwithstanding any COJ or COAB Ordinance Code provisions to the contrary, golf carts may be used on all internal roadways and sidewalks within the PUD/SPA. Unless otherwise lawfully permitted,no golf cart shall be used on Selva Marina Drive. N. Supplementary Regulations. For the Single Family Residential and Golf Course uses,to the extent not otherwise addressed herein, any matters addressed in Part 4, Subpart B "Miscellaneous Regulations" of the COJ Zoning Code shall be governed by such provisions. For the Clubhouse/Recreational Amenities use,to the extent not otherwise addressed herein, any matters addressed in the Part II, Chapter 24, Article III, Division 7 "Supplementary Regulations" COAB Ordinance Code, shall be governed by such provisions.. O. Site Development Data Total acreage 169.02 Acres Allowable uses, by acreage: Single Family Residential Max. Acres 180 34.44 units COJ-- 34.36 COAB- -0.08 Number and Type of Dwelling 80' min. Min. Max. Units by Each Type width 15 units 45 units 70' min. Min. Max. width 10 units 40 units 60' min. Min. Max. width 25 units 60 units 55' min. Min. Max. width 25 units 65 units Courtyard Min. Max 0 units 30 units JAX\1 733919_8 -15- AGENDA ITEM#7E JUNE 10,2013 Clubhouse/Recreational Max. Acres Amenities 6.74 Sq. ft. COJ-- 0.00 COAB- -6.74 Golf Course Acres 117.39 COJ-- 91.25 COAB- -26.14 Total amount of active recreation 124.13 acres Total amount of passive open space 0.0 acres Amount of public and private right-of-way 10.45 acres Maximum impervious surface Single Family Residential 65% Clubhouse/Recreational Amenities 85% IV. ADDITIONAL SECTIONS REQUIRED BY CITY OF JACKSONVILLE A. Pre-application conference. A pre-application conference was held regarding this application on March 7, 2013. B. Justification for the PUD Rezoning. As described above, Selva Marina Country Club, Inc. was incorporated in 1956 as a for-profit corporation. The sole asset of the corporation is the Country Club, which consists of a private eighteen-hole golf course, clubhouse,tennis courts, and other recreational amenities. Membership in the Country Club has declined significantly over recent years, and the Applicant desires to undertake an extensive redevelopment of the golf course, including the construction of new single family homes, a new clubhouse, and other associated facilities and infrastructure. This redevelopment is essential to ensure the continued viability of the Country Club and, further, is consistent with the surrounding zoning and existing uses. C. PUD/Difference from Usual Application of the Zoning Code The PUD differs from the usual application of the Zoning Code in the following respects: it binds the Applicant and successors to this Written Narrative and the Conceptual Site Plan; it provides for a mix of uses which are thematically JAX\1733919_8 -16- AGENDA ITEM#7E JUNE 10,2013 consistent and compatible with each other; it provides for a single regulatory system which crosses two local government jurisdictions; it requires specific and unique yard and patio requirements; it provides for a unique Courtyard Single Family Homes concept; as to the Clubhouse/Recreational Amenities use, it provides specific and unique buffer requirements; for the Clubhouse/Recreational Amenities and Golf Course uses, it also specifically lists numerous permitted uses commonly associated with these uses but not otherwise listed in the Code; it provides for unique and site-specific access requirements; it provides for unique and site-specific signage requirements; it contains unique and specific provisions regarding construction offices and model homes; it contains unique, cross- jurisdictional provisions regarding landscaping, parking, and sidewalks; and it contains unique provisions regarding restrictive covenants and golf cart usage. D. Permissible Uses by Exception. There are no permissible uses by exception. E. Continued Operation of Common Areas. Regarding the intent for the continued operation and maintenance of those areas and functions and facilities which are not to be provided, operated, or maintained by the City of Jacksonville or other public entity: it is the Applicant's intent for the Applicant or successor developer to operate and maintain these matters initially and, ultimately, for an owners' association to operate and maintain these matters in perpetuity. F. Approximate Dates of Phases Regarding phasing, construction of the horizontal improvements for the Single Family Residential and improvements for the Golf Course uses shall be initiated in approximately 2013-14 and be completed approximately in 2014-15. Construction of single family residential units will be initiated when the market dictates and will be completed as the market dictates. Construction of the Clubhouse/Recreational Amenities will be initiated when needed and feasible and will be completed within a reasonable time thereafter. G. Names of Development Team Developer: Atlantic Beach Partners, LLC Planners and Engineers: Taylor & While, Inc. Architects: None at this time. H. Land Use Table A Land Use Table is attached hereto as Exhibit"F." JAX\1733919_8 -17- AGENDA ITEM#7E JUNE 10,2013 • TRAFFIC STUDY FOR PLANNED ATLANTIC BEACH COUNTRY CLUB • • PREPARED BY: TRANSPORTATION•PLANNLRS ENTERPRISE, INC. JACKSONVILLE, FLORIDA TPE JOB NO. 13-2654 • DATE: APRIL 12, 2013 • AGENDA ITEM#7E JUNE 10,2013 TRAFFIC STUDY FOR PLANNED ATLANTIC BEACH COUNTRY CLUB Introduction The existing Selva Marina Country Club is planned to be redeveloped into 169 single-family residential dwelling units and a complete redesign of the 18-hole golf course and clubhouse. Figure 1 shows the general location of the development. Figure 2 and 2A show aerial views of the area. Figure 3 shows conceptual site plan. Traffic impact is always a major concern with relatively large developments. Hence, this traffic study focuses on: 1) the AM and PM peak hour traffic at: a)Selva Marina Drive and Seminole Beach Road, b)Seminole Beach Road at the five-way road intersection with Plaza Drive and Sherry Road, c)Selva Marina Drive at the main entrance to the Country Club - Golf Course,and d)Mayport Road at East Dutton Island Road which leads to the planned main gated entrance for the Atlantic Beach Country Club residential development) . Transportation Planners Enterprise, Inc. (TPE) was retained to: 1) estimate the AM and PM peak hour traffic generation, 2) estimate the average trip distribution to adjacent roads during this peak hour and 3) determine if any traffic safety and intersection improvements will be needed due to the development's traffic impact. 2013 AM and PM Peak Hour Traffic TPE's initial major work effort was to conduct peak period traffic surveys at the above four mentioned intersections. AM counts were made during 7:00-8:45 while PM counts were made from 4:00-5:45. The count at the present main entrance to the Selva Marina Country Club and Golf Course was made during 3:15-5:45 PM. No AM surveys were made at the Country Club or at Mayport Road and Dutton Island Road. 1 AGENDA ITEM#7E JUNE 10,2013 • and at the Seminole Beach Road five-way intersection at Plaza Drive and Sherry Road. Hence, TPE'a 2007 PM peak period traffic count is shown. This is more consistent with the above referenced 2013 counts. PM peak hour traffic on Selva Marina Drive totaled 161 (L.O.S. "B") while Seminole Beach Road traffic totaled. 618 south of Selva Marina (L.O.S."C"). Figure 7 provides the April 10, 2013 7:30-8:30 AM peak hour traffic • entering and exiting the five-way intersection of Seminole Beach Road, : Plaza Drive and Sherry Road. 818 vehicles entered the intersection during • the AM peak hour. The primary movements were to and from Seminole Beach , Road and to and from North Seminole Beach Road and Sherry Road. . • o TPE's observation revealed very efficient traffic 'flow. (note - less delay time'than if a traffic signal was in operation..) • Figure 8 shows the 4:30-5:30 PM peak hour traffic movements at the five-way intersection. 847 vehicles entered and exited during the peak hour. Again the traffic safety and flow was very good. The highest vehicle back-up was 8-10 vehicles on Seminole Beach Roads southbound. The end vehicle took about 35-45 seconde to enter the intersection. The estimated average for all 847 vehicles was 12-20 seconds.-• Figure 9 shows the 4:30-5:30 PM peak hour traffic=survey at the existing Selva Marina Country Club main entrance. During the 3:15-5:45 PM survey there - were 33 inbound trips• and 38 outbound vehicle trips. During the PM peak hour, as shown, there were 14 inbound and 26 outbound vehicle trips. The expected PM peak hour traffic generated by the planned Atlantic Beach Country Club clubhouse and golf course is expected to have slightly more trips than the existing Selva Marina Country Club. It is significant to note that nearly • 20% of the present outbound traffic uses Country Club Lane. • 3 • • • AGENDA ITEM#7E JUNE 10,2013 On March 13, 2013, TPE conducted 4:00-6:00 PM traffic counts at two key residential streets on Mayport Road at Dutton Island Rd. and at Levy Road/Donner Road. In addition, a traffic count survey was also completed at the Selva Marina Drive and Seminole Road intersection. It should be noted that traffic to and from the Chevron gas station and the Hardees restaurant at the corner of Levy Road is not included in the traffic results. Figure 4 shows the 2013 PM peak hour traffic data. A summary of the left and right-turns to and from Mayport Road for the combined two residential streets is given below: PM Peak Hour Inbound Traffic Outbound Traffic Traffic From North From South To North To South (4:30-5:30) volume 86 236 82 133 % of total Inbound traffic . 26.7% 73.3% 38.1% 61.9% The PM peak hour during the two hour survey was 4:30 - 5:30. A total of 322 inbound and 215 outbound vehicle trips to and from_the two primarily residential streets represent an estimated 500-600 homes. These trip distribution results were used for the Atlantic Beach Country Club residential development traffic estimated to use Mayport Road. Figure 5 shows the AM peak hour traffic at Selva Marina Drive and Seminole Beach Road. Traffic on Selva Marina Drive is relatively low with a total of 129 vehicles (93 southbound and 36 northbound). The level of service (LOS) is "B" or better. Seminole Beach Road traffic is much higher (610) . However, the L.O.S. is satisfactory at "C." Figure 6 shows the PM peak hour traffic at Selva Marina Drive and Seminole Beach Road. The traffic count made on March 13, 2013(see Figure 4) appeared low compared with TPE's traffic counts at the Country Club entrance 2 AGENDA ITEM#7E JUNE 10,2013 Estimated PM Peak Hour Traffic Generated by Planned Atlantic Beach Country Club Development TPE used the Institute of Transportation Engineers (ITE) trip generation manual to estimate the average weekday PM peak hour traffic expected by the development. The 169 single-family homes will average 107 inbound and 63 outbound vehicle trips during the PM peak hour according to ITE Code 210 (single-family detached housing) . During the AM peak hour, the residential units will average 32 inbound and 96 outbound vehicle trips. The Country Club . will be private and is expected to average 22 inbound and 28 outbound vehicle trips during the PM peak hour. Many of these trips are expected to be made within the development (20%) . Hence, 18 inbound and 24 outbound vehicle trips will leave or enter the golf course during the PM peak hour. TPE assumes that only one-third of these trips will be "new" trips. (See Figure 9) . These golf trips are expected to use the Selva Marina Drive access. This is the case at present. Figures 10 and 11 show TPE's trip distribution .on Mayport Road of the expected AM and PM peak hour traffic generated by the development at build-out, assumed by Year 2016. In order to be conservative, TPE assumed that 33% of the residential development traffic to and from the site will use Selva Marina Drive. TPE believes that it will be much less (e.g. 25%) . The estimated PM peak hour residential development traffic (40 outbound and 68 inbound - see Fig. 11) is based on TPE's traffic counts on Mayport Road, as mentioned earlier. 26.5% of the total inbound trips or 18. will come from Mayport Road north and 73:5% or 50 will be from the south. The estimated outbound trips during the PM peak hour are 15 rights north onto Mayport Road and 25 lefts south onto Mayport Road. The existing traffic signal will be able to accommodate these movements. Figure 12 shows the estimated new traffic along Selva Marina Drive at the. main entrance for the Country Club to Seminole Beach Road. As mentioned above 4 AGENDA ITEM#7E JUNE 10,2013 . most the existing Country Club •- golf traffic generated by Selva Marina will be included in the Atlantic Beach Country Club - golf traffic. However, TPE assumes there will be 6 inbound and 8 outbound "new" trip`s related to the new Country Club. As shown, an estimated 33 inbound and 19 outbound vehicle trips are estimated to be generated by the new residential development. • Figures 13 & 14 show the expected 2016 total traffic at the Selva Marina Drive and Seminole Beach Road intersection. The. Year 2013 °traffic plus the estimated new traffic generated by the planned Atlantic Beach Country Club is shown. . Year 2007 (previous TPE study), Year 2013 and estimated 2016 traffic is shown below with and without the Atlantic Beach Country Club PM peak hour traffic. '_ • '{' A summary of the estimated 2016 PM peak hour traffic compared to Year 2013 is given below: Year • 2016(1) Service Volume/ '. _.. Year Year Without With . Road 2007 2013(4) Development Development L.O.S. rT-r- rrr--rrr-r 1)Mayport Rd.(4--lane) . a)north of Dutton Island Rd. • 2,912 2351 2628(4) 2,646/C 4200/C b)•aouth of Dutton Island Rd. 3,023 2674 2755(4) 2,805/C 4200/C • 2)Seminole Beach Rd.(2) a)south of Selva Marina Dr. ' 618 618 637 695/C 8/0/C 3)Selva Marina Dr.(2) 161 161 161 223/B 500/C • Even with the development traffic, the above roads will not have traffic over • the capacity of the roadway. . • (1) assume 1% annual growth rate from 2013 to 2016 for non-development traffic (2) I'M peak hour 4:30-5:30 • 5 AGENDA ITEM#7E JUNE 10,2013 • Figures 15 & 16 show the 2013 AM and PM• peak hour traffic and the estimated Atlantic Beach Country Club new traffic traveling through the five-way intersection at Seminole Beach Road and Plaza Drive. The -existing traffic distribution to and from North Seminole Beach Road from and to the other four roadways was used to estimate the development's traffic. During the AM peak hour the development will add 52 new vehicle trips through the intersection or' an increase of 6.36%. The development's 57 new vehicle trips will add 6.73% to the existing 847 entering traffic during the PM peak hour. The increase in traffic will average about one vehicle per minute. Hence, the traffic impact will be very minor and is not expected to significantly increase the average delay time per all vehicles. Recommended Road Improvements for Planned Atlantic Beach Country Club Development The following road improvements are for the new residential development. • (1) Construction of a 2-lane east-west roadway from the development westerly to I1ayport Road with a direct connection at the Dutton Island'Road traffic signal-. • A left-turn lane and thru-right lane 'at Mayport Rd. will be provided along with appropriate traffic signal modifications(e.g. cluster head, loops, retiming operation, etc.) Design and permit application will be submitted to the Florida Department of Transpprtation as well as the City of Atlantic Beach . for review and,-:approval. - • • • 6 • AGENDA ITEM#7E JUNE 10,2013 2) Construction of the development 2-lane connection to Selva Marina Drive using the southern main entrance at the present Selva Marina Country Club. For Selva Marina Drive; traffic safety control devices (e.g.- signs, pavement markings, speed limit signs, etc.) will be determined as needed for convenient and safe traffic . An improved northbound left-turn lane for access into the new clubhouse will be made. 3) The outbound right-turn radius on Selva Marina Drive will be improved and pavement striping may be provided to better separate inbound and outbound traffic. Conclusion The planned Atlantic Beach Country Club development should be approved by the City of Atlantic Beach and other agencies as required for design plan approvals and permits. The expected traffic impact on Mayport Road, Selva Marina Drive, Seminole Beach Road and at the Seminole Beach Rd. - Plaza Drive - Sherry intersection will be minor. • Ckii\a Kt:25tita Ward Koutnik, President 7 Wayne L. Oehlman, P.L. FL 21434 Q f�2. 2d(.3 AGENDA ITEM#7E JUNE 10,2013 ,. . . . . . 38;±'? 9 iykg 0.. Katherine Afitrey ' ... 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C.. j • • �0 SxoyE $ �� D PLANNED ATLANTIC BEACH MpRXNP' COUNTRY CLUBS 13•01355" 1, T,t � (169 SINGLE FAMIY.Y AOMES ` / i 1 1 AND REDEVELOPED GOLF COURSE) e— _ / ∎ o _ ,''� DRIVING "*, y 1, I h \ o �'� RANGE 1i•1 .-....,,,,--- V—:—'''' If- ..e sr.*.-,,440:). 0 ire/ © 4 f` ,.i rt'� e.t�l`Y\..J... -.a i,„``''�,,,S„ <� +�a t • • i .+°y , r• A:\41''i•'' ,\. .•"s .` 't`i'dy.•,°°`` .%» /; / / �, w•C.".,-,..%.�: a '+,t^,,y.,,-- e {1• , ,,-t ti_...rr:',' 1 M•.c. © -p P- :,....a' ,.:Ya".- •.i'- •...,. i,....s.w.»Ii t7 l� •,,..r.l^twv fir:..+, 0, .4�+'- r;.j _ mi 1 :a si :- .tiy>;;,• , !�•`'fir ~ rr , ^' -,�. s \ l; N• ,t/. • n./• •(irV•t i,i r�ir�•t4w't.,,,, p i�.. i3.,._� +. :.t:A. i PLAHIiED NEW 1.'• '�s i ,' ' SIZE ACCESS ■.r_ _offs o o ._��._.._.-i MAYPDRT ROAD 5ti / TRANSPORTATION �>• PLANNERS ENTERPRISE,IAIC, WEST DUITON ISLAND RD. .1 , 10919 CitOSZWI0K3'ROAD • oAClw 90.9 •ILOROA azzse PLANNED ATLANTIC BEACH FI{i1Ji E 3 •'' tvo.7.zve-17a. COUNTRY CLUB ,n AGENDA ITEM#7E JUNE 10,2013 • 38-° ?t$f{ Katherine/Obey .. z z'" �"°•• m' r-. i /fanna:Park• •.4gItsrt :. • : n. n cr • tt� n�` W . 55t PA of i 'SES1T 1 it-L-..-.1 . V 3CYX � . FST,oA 4 61�°,{aie ' .. '4 o AVAGAt7RD , :• �0Ij O�'-S2 ;', . Y a port : ••I ? ' ems t • E ! • ppt} EZEOR `FARM .4 - -o$w¢ 9 I` m Z�fY' "A%4kT.3 4 S� {yam' Q • . . i',70. m • 7 ..'qD .. - ---- Q I . '' • OTC `�' sci r- -° , ,,,, • . .REACH V l io1e-. .. • r , ci, Pf PEAK HOUR TRAFFIC PINE` WY.. N �P � ,'rESIDE Ow B • ach 4:30 - 5:30 CnOSS •r w.. 6 3 • , v..y m' CT MARCH 13, 2013 -4...:-...- -'cuP 4 ',1.1;'_•r,' a •' pia ort ••JrHighASS$I IN t i zK 2 1160 CYPRESSlA11d 60 �gG z +�• MIMOSA COVE CT E S�t\'Gi I is.,, ``,'t. .7N S 44 WlLLOWCOVE CT= t i �.��... ' / T - ,'.r f 17 •!.17,, 1391 Cd+EVHDR1O.D€1�c .•,>` _, . a-" .,, of MGM • . i 1.- PH PEAR HOUR TRAFFIC • ° fOR , � . ' 3s30 - 4:30 w . .:.-.._. ca.. 5+'■• MARCH 13, 2013 28 i PA1.14ut 11 t't^_? :sl, y 1P • ( + 2 9 -.• —'o , ",. c14 hi•,BEACHDR ..,,,,.4•5'4.4 �/\ 27 336 -- ' , .v p `•v Oe ,�. 5 SF . l p� W SeIVaMarini �,,,,_ f-e 14. •!t•fut. v 6 SORglxr tert�.. Q am Country ChM .• I :tu •• . --0 ss:`' 1.8 tip•7111,5 1126 ` 000114 DRS i:' a �j �o•53 'DUTTON ISLAND RD. Jy8 r' S �,, -,.tASD it LIN�*- p1;�' 'SAVE 72Y. y,,. L� ^' f • -4i,'• ,, 75 1395 +4 i P GatxT rg:u„rt i' 180 •1279 uv A'' �:;.' s r u • Ds •7'> /n.x *' 1.-'Htto 4 g r v � sT 229 1.FORSYEHGT , -'_' '° �-'' M '� °t� 1 ST 255 31 . .. �'` - t 6 T Y •'tumt :u 48 St6NAt (3�Y,• ! •..'t . •1 ,j •, :FOR 7 4 {l .`1_ 4 ,c `Ly S ' .i,G., ‘,4.rte 1 _ ._ ;each s •'F$ n _ • � , ,' L.` j , 83 �t ..,;41141.4'. t+ �y ` PM PEAK HOUR •t's• Y7ZH'7r 't,, 1 6\— ��_ .. 3RDpi. 1 TRAFFIC #� S „:r 1d9 _ v,, ,Cr �:_4.'s MIS 11C '..1.r» 4:30 - 5:30 2 Nq - ..._....`._..4. � r Bea . •iST 'ST MARCH 13, 2013 0 „r qr, • k: - t •,., 4t Ha117D 4't'C T ,ST 'A, .; t •'o h.,P� r..1 :' t‘ i''- '••a , �r nr:.ST ',I$ �9� ° •tEt1t11eTN ,. _ T. i T :ST • . p g ogioa:'i:e51 r <_. °cg Fnp yr: �,�"�' RAYS �• •..•. ,F� !s rt 117 $ , r • . 4r' ,,�y,� • '$, is h �I!..&1,I�'I )1∎ll•A,.-• •` z$ �!L?jr 0tlii9t1 o7. �CtNOLLCV _; •l I.. ESPkv, -• .. • •.T- W -•Ain 1 v Y4E.-i-1 \• PM PEAK HOUR TRAFFIC ' TRAtTais R?ATI JN 4:30 -- 5:30 p1ANNE;- E:_-1,;1S - :-os MARCH 13, 2013 JAYNii40,,_4.. A pass (� �^ Aw {4� ;3'6,-S'2jJ4, ,' FIGURE 4 AGENDA ITEM#7E JUNE 10,2013 • CIS 1• \ .- 6 • • % . (i . : • . tY bo . t ,.. !a 1 . ‘Ap • / .:. V - Ilk/o. CAI . . • / yQS • • NI • FeAK 1-So__e 0 tim I3 . gt! t - • �5 457 . _..• .PLANR TRANSPORTATION ENT PIS SE, 1NC, "� 2013 AM PEAK HOUR TRAFFIC • 1"077V, baos$WIOKs ROAD I FIGURE 5 JAOK®ONVIU.L FLORIDA 922¢6 (904) it96-1/04 AGENDA ITEM#7E JUNE 10,2013 Ir i. --14:3\ I\. . - k 1 Ib . it IS1 A (69; , 4 '' . 0( 1 to a.ci . ,d .".• O „. I .... IY . . .,,. . . • / .1 -/If .ctO . . al-15 '313 so Bo y. - .5 0 A " x,3--07 .. 'tit • t : • ' TRANSPORTATION 2013 PM PEAK HOUR. TRAFFIC .PLANNERS ENTERPRISE;. INC, 14779`bflos WIOIS ROAD 1)AOI19O14VILLE, FLORIDA 0226. FIGURE 6 ... • (904) 296-1764 I . AGENDA ITEM#7E JUNE 10,2013 . . T . , Z. ' • . ..."' - :\it • . '. 3W �, c ;. altb 2 ) ;.4,1e) .42'0.. ..-- / 4..) o . . al 67 0 14 6 . . o P 64 3 k. .1(0. i4 Atid'''..--. \I CI 3?..,,, t 6 446___:... , -s----04. • gq )(a. . 0-QUA R41 404 .„,-ip' gl (7"- - •o !Ii f ; . - . . gi Cub ) ` TRANSPORTATION 2013 AM -130 1Zo'Ili rig . 4-10-13 PLANNERS ENTERPRISE; INC; PEAK HOUR TRAFFIC l f ��"' • ions!tll99swois ROAD • JAQK6ONVlLLR, fLQTIPM 0206. • (906) 29671104 , • . FIGURE 7 AGENDA ITEM#7E JUNE 10,2013 • T • , . .... . . . ... ‘I .- -, „:, . z H . , • ..,e, . .. . .. • ''' .. ici:e7, qi 515' . q - / , . 4=b CCD i Ai. 1 >. . /4 —IS ..., Tt . . mi .11 v35 4 . cr( , • • o . 50 o . 15 0, . . IlL. "(I :. t2-54,, l'? Pc; , eY.244.4. Rd. a,o1 So q14 ( 45 $3 Nst.. 1 .(v _ .2 y 16a UN P f. v • La Ir - At (q i • g . . • • f' i. g • ci.b.) . . TRANSPORTATION 2013 PM .I 3d 'ac) p w 14-10-43 -' LANN RS ENTERPRI£E, INQ, . VW,.0/1988wIOI(S ROAD' PEAK HOUR TRAFFIC rim teTrt' JACKSONVILLE, FLORIDA 022E6. (y09 216-004 FIGURE 8 AGENDA ITEM#7E NNE 10,2013 •tL4)‘1A 11‘44 C1611146* (911:14: • At .. 69 . 1G G . 5a _. a6G ..r N D a.G . tate4Ad a+l° . . (67u1"046,it . 1 IA:IG .4 • . To -120tisSAAsok.it . t‘(---:-T-Jilavol . . 7 ..1a.G+67 a.a6+53 'i' • 3 P4Ak , ,,,30 ' aa PAi3 . i. • • . .. T ,,,, TFE . TRANSPORTATION ) W .PLANNERS ENTERPRISE; INC,, t, 10971. ()RQ96WIOKS ROAR l FIGURE 9 JA0H3O/VII 11E, FLORIDA 5220. (904) 296.1704 AGENDA ITEM#7E JUNE 10,2013 • • MAYPORT RD. • . 32- . .- ' - TO SELVA MARINA DRIVE • • • FROM SELVA MARINA DRIVE • DUTTON ISLAND RD.• _ . • , • • (6.) • . 111/4101. ' . •• . • . . 411ili*::' • (:ii.) .440.0 • • migiA • liVil..-- . ..• ' •. (145) .• • • 14‘ • .P.(-7 . • � ) AM PEAK HOUR TRAFFIC . . IN 32 . OUT 9.61 • • • i • • ., — . Tp: . TRANSPORTATION 2016 AM. PEAK HOUR TRAFFIC • •PLANNaf4S LNT6RPRIOg;. INO, ATLANTIC BEACH COUNTRY CLUB. 1'O771.b 19$ WlCks ROAD ' JAOKBONVILLE, FLORIDA 32266 s FIGURE 10 (904) 296-1704 • • AGENDA ITEM#7E JUNE 10,2013 MAYPORT RD. ... • . � . TO SELVA MARINA DRIVE , . FROM SELVA MARINA DRI • . , * '33 . ,. CL10/GOLF DUTTON ISLAND RD. _ . (k8) (6) 4— 4(114 .'• . . (;I5) � • . ' ilist . . moilk . ' '410 (.140. ). • . . . . .. tAt, r..... _____.. . . .. . (��) PM PEAK HOUR TRAFFIC . IN 107 • • OUT 63 .• • •. .� • . • x • Tp: . r • • TRANSPORTATION PM PEAK HOUR TRAFFIC ' .PLANNERS ENTERPRi&E,, INC, ATLANTIC BEACH COUI�T'T$.Y CLUB i©7tq 60SBwIOks$(0A13 JACK9OHVILL2, FLORIDA 0220, • . FIGURE 11 3' (904)296-1184 _. - AGENDA ITEM#7E JUNE 10,2013 4-( f00 ATLANTIC BEACH -T , COUNTRY CLUBC vii\(1) ((o . . • • q � �S3 . • , ---*:11;(1) ..'-' 1'.47" CattZ xitti2 • 0. . . . • . . • . . . . Is, ik .., i • a ,. t ., • • . . �4) .4) dye • . . L? • . . - • „. 1 . . . . . ” .. . - ,\ , • . . . • • - - *IA 0 - . , . . . . • o . . (... ).:. :. - (.6)..., .xf - ‘ .....1,:tAglis-e . . - . . . . ...0 • r. . • eztpork4A- (ig) 1, t • lie < 1 @ . . . TpE . • . .. TRANSPORTATION . I.ANNERS ENTERPRI$E;y INO, 2016 PM PEAK HOUR TRAFFIC . Von! ROAD 'ATLANTIC BEACH COUNTRY .CLUB FIGURE 12 JAOK9ONVH.LE, FLORIDA 322,66 i (904) 296-1734 m . . ., AGENDA ITEM#7E JUNE 10,2013 flo CIS � � 6 . \ (011S11 ‘‘i �O Nj • . i . ' la 1 ,•. b • /21" . V• o IDA • 14 . - c i 3 +t o LEGEND .. -k-11,*+4a) . **(4) ''''''"m31:4 2013 PEAK HOUR TRAFFIC t0�• NEW RESIDENTIAL TRAFFIC (4) COUNTRY CLUB - GOLF TRAFFIC • E . • TP . • • TRANSPORTATION • .PLANNERS ENTERPRISE,, INC, iom. Ong8SWIOk$ROAD • JAOKBONVILLE, FLORIDA 022,56 t5-4, (904) 296-Ii04 .f.3a'�k.�.(0.) i-io +C4) - •ESTIMATED TOTAL 2016 FIGURE 13 . AM PEAK HOUR TRAFFIC ATLANTIC BEACH COUNTRY CLUB TRAFFIC AGENDA ITEM#7E JUNE 10,2013 • • i` 1 1 • . \ \ . . • k -01 -t-I1-(l) • . . & - (t,c3) .......- /‘ ‘ " gn + 11(I Y` • if' . o • J �- • o . z 1- - LEGEND .. 4..r+(0 +q(4) . . Is 2013 PEAK HOUR TRAFFIC 31 NEW RESIDENTIAL TRAFFIC (4) COUNTRY CLUB — GOLF TRAFFIC I.,. • • ati5 • -313 t,zi (4) . . .k..t-iv44:64 t • • ■ . . TFE -. . ._ • TRANSPORTATION ESTIMATED TOTAL 2016 • ANNERS ENTERPRISE IN-0, .. FIGURE 14 PM PEAK HOUR TRAFFIC 1091$bd09lWEOks AQAD ,,AGKOONVluB, FLORIDA 0206 t • (904) 296.1i'i _. -. AGENDA ITEM#7E JUNE 10,2013 T .. . • <---..... G. , • 2 . is) • • 3� . . . t.a3 t�+Cb • / • , 3 aib II a:t. br 0 ' . ' '+(6) �i1 6 . `r .�—� ..�g .t.Cj$)'.. 4i - .1-04) - . -,.. 7---------g......,,,____.e • ) g9 ift2. 404 M . 1-r. . RI. //e . '�( rig +0-0 . -t-(.;IN ./..__—: "2 • P f TOTAL TRAFFIC'ENTERING INTERSECTION 818 AM PEAK HOUR itl • NEW TRAFFIC ADDED BY 1 4 ATLANTIC BEACH' COUNTRY CLUB t^�at ; 119+(5, � GS 1 • t:il. . .. .. :: :4- • . . .,. • . . . , . .~' TRANSPORTATION . ' ESTIMATED TOTAL 2016 •PLANNERS ENTERPRISE; INC, , . "� AM PEAK HOUR TRAFFIC • FIGURE 15 1'4i7t f7S1d9OWlOkD fiQAb " 1.1A0101ONVILLE, FLORIDA 32266 (904} 296-1134 AGENDA ITEM#'7E TUNE 10,2013 11..x..........1 0 4:1•Ci • • . . • • 4 q 13+C+ Li I 511 / .at .4 sal • I ) \*:'1 I. i7P. /4 A . -rs k-tT) • F . •- alt II way 4 404) 5o """"''�!5,A,(%0 i c� , 41_,.„_. —"�3� /'1"6 •0) - -_ ao t +C�sJ . 15 * c 14 %° x +� •�� • bay ZeCii ---'�'" o ) w4 azct PA' 13 lx...\1 (45 . tiI • t 6a��s) *:b4.i,(4) TOTAL TRA.FFIC'•BNTERINt INTERSECTION 7r.1 847 PM PEAK HOUR NEW TROPIC ADDED•BX .• . . 1,20 ATLANTIC BEACH COUNTRY CLUB . 51 (4, 6.13X) ' f • • TRANSPORTATION ESTIMATED TOTAL 2016 ' FIGURE 16 .PLANNERS ENTERPRISE�. 1NC, • -. ,--; .t . • • 4 ?M;PEAK HOUR TRAFFIC i©➢9Q alCSSWICR(S ROAD. ' - JACKSONVILLE, FLORIDA 322,68, (904) 296-1104 - IIoitlll..ly.. AGENDA ITEM#7F JUNE 10,2013 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Introduction and first reading of proposed Ordinance No. 90-13-217, related to application REZ-13-00100049, submitted by Rogers Towers, P.A. on behalf of Selva Preserve LLC. Said ordinance seeks to rezone approximately 7.05 acres from Planned Unit Development to Residential Single-Family (RS-1). There are no plans for development of the property at this time. SUBMITTED BY: Erika Hall Principal Planner DATE: May 2, 2013 BACKGROUND: See attached staff report prepared for the Community Development Board meeting of April 16, 2013. BUDGET: No budget issues. RECOMMENDATION: Recommend approval upon first reading of proposed Ordinance No. 90-13-217, to change the zoning classification of the subject property from Planned Unit Development (PUD) to Residential Single-Family (RS-1), consistent with the recommendation of the Community Development Board. (Public Hearing scheduled for regular City Commission meeting on July 8, 2013). ATTACHMENTS: Staff report and draft minutes from the April 16, 2013 Community Development Board meeting, proposed Ordinance 90-13-217, and supporting documents from the REZ-13-00100049 file. REVIEWED BY CITY MANAGER: May 28,2013 Commission Briefing AGENDA ITEM#7F JUNE 10,2013 sty` CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.C. CASE NO REZ-13-00100049 Request to rezone approximately 7.05 acres from Planned Unit Development(PUD) to Residential Single-Family(RS-1). LOCATION 0 11TH STREET (NE OF INTERSECTION OF 11TH ST&LINKSIDE DR) APPLICANT SELVA PRESERVE LLC, REPRESENTED BY T R HAINLINE, JR DATE APRIL 16, 2013 STAFF ERIKA HALL,PRINCIPAL PLANNER STAFF COMMENTS The subject property consists of approximately 7.05 acres of ,. undeveloped land and is currently part of the Selva Marina j �a >� vt.4 g eR1�P Country Club Residential PUD as the result of a Joint , i 06}� IFS Venture Agreement. This action seeks to remove the -0,r a `is a subject property from the PUD approved by Ordinance No. w- -' m W n o "u" 90-09-209, and revert to the RS-1 zoning designation as previously approved by Ordinance No. 90-08-205. The Future Land Use designation for the property is Residential 1 �� µ�" `+ Low Density (RL), which is consistent with the RS-1 zoning k classification. gA=EALE !.. v_ LOfl4. t g xz- Sfi) °ri� The applicant has stated that there are no current plans to d rt. AE HV EYl develop the property. However, any future development � �" wuxraYCws )UDIfY ' WOLEY , ¢N plans will have to comply with all subdivision and land development regulations, such as platting; provision of J° x°EE" infrastructure, including roads, water and sewer lines, and stormwater facilities; as well as compliance with L, '""`" environmental mitigation for tree and vegetation removal, uM and wetland impacts, and RS-1-specific lot standards. Q,a. lA/ iS EvEDENt � e. REQUIRED ACTION a o,� o °"M EE`° ` � Upon finding the request is consistent with the Comprehensive Plan,the Community Development Board should make a recommendation to the City Commission to approve the change in zoning classification of the subject property from PUD to RS-1. Page 1 of 1 AGENDA ITEM#7F JUNE 10,2013 REZ-13-00100049 Rezone of Selva Preserve Property from PUD to RS-1 1- I O�EANWALlt c7 y tin I! 1-).- i LAN4jleo q ASSISI n En ' 1 'N I' -k( 20TH x P" I sYx- p4▪ 1$ a 1 A . 2 �rii 20TH (tri t3 Q A ES I- 03 +c i A co 19TH w z0 COVE T Y f se,), p En 19TH 1 rims ill=14 ,.' Fn. x z d w t I • ' - 2268-%10'Y PQRi .I 440‘.1%. 1• 4 2 J ■ + 2200-3 MAYPORT '1' }• i 1i!$, � ~ d i k c, 18TH 2200-6 MAYPORT I '2 7 LLI 0 2200-7 IYIAYPORT LL 1 ' n 1 - 0 2%60-%MAYPOR ! 7a I .. 0 R[ ''�mn� F �t(IY�QQ� m �1AP c A7XN 17 RPL BRAZEALE �1 A a WELL BULLDAIRY Us 2065-2 MAYPORT J 0 I in d W tD 3n � U znEC �aptI -• _ .k• ,1_,F3t*N$'_•-...i'�----r,Taori1Y1A■•• 11•N.•IR=�i11r111 MI KIM ulI IlIV CO UN TRY CLUB DUDLEY DUDLEY A5YN L7 SIMMONS 0 LEWIS 00 U Acrid a L7 WALTER m . w ROBERT K .Us 0- � r 'i EDGAR STANLEY t` d Q JACKSON ,j 6". 12TH -I w a z ARDELLA ilk cc LEVY O DONNER ,' ea 14TH 74 A010 I_ AMBERrACK 3(N EC W -a ikz- A BONITA �E C lfAl LAKES C3 % PLAN a. 7 C? ' 741 )6- RED FIN ' it tarsi cs 'i Nc 73 1tN 0 0.125 0.25 0.5 LO {c Mlles ilitiNGs AGENDA ITEM It 7F JUNE 10,2013 Draft Minutes of the April 16,2013 regular meeting of the Community Development Board ................ { I' I R II f I X111 1�1 li 1:i I�1 171 1 I{. a . MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD April 16, 2013 1. CALL TO ORDER.-6:07pm Chair Brea Paul verified the presence of a quorum with then attendance of Jason Burgess, Kelly Elmore, Kirk Hansen, Brea Paul, ancr Patrick Stratton.: The meeting was called to order at 6:07pm. Also present were NS Mayport Liaison and ex-officio board member Matt Schellhorn, Principal Planner Erika;i`Hall, and Building and Zoning Director Michael Griffin. Board members Harley Parkes and Sylvia Simmons were absent. 2. ADOPTION OF MEETING MINUTES,-MARCH 19;:;20,13. Ms. Paul called for a motion to :approve the minutes of the March 19, 2013 regular meeting. Mr. Hansen moved that;minutes be approvedeas written. Mr. Elmore seconded the motion and it carried by a vote of 5-0 3. OLD BUSINESS:None. 4. NEW BUSINESS A. ZVAR-13-00100047,42East Coast DriveT(Shoppes of Lakeside,Inc) Request for variance from Section 24 161(f)(3), to allow non-residential off-street parking`that backs into,a public right of way. Staff ;Ms. Hall,°explained that the applicant is proposing to construct a Report l two-story structure, with the first floor dedicated to parking and the second floor dedicated to a seven thousand eight hundred ten ((7,810) square foot restaurant space, including three thousand two hundred forty (3,240) square foot air-conditioned space, a two ,a;`thousand nine hundred seventy (2,970) square foot open-air dining deck and a one thousand six hundred (1,600) square foot open-air dining deck. The submitted conceptual plan shows a total of one- hundred fifty-six (156) seats, and per Section 24-161(h)(15), required off-street parking for restaurants and bars is one (1) space for each four (4) seats, including any outdoor seating where service occurs. Thus, a minimum of thirty-nine (39) off-street spaces would be required to accommodate the proposed seating. Forty- four (44) off-street parking spaces were shown on the submitted parking level plan, with a total of fourteen (14) accessed directly from, and requiring backing into the Ahern Street public right-of- Page 1 of 17 AGENDA ITEM#7F JUNE 10,2013 Draft Minutes of the April 16,2013 regular meeting of the Community Development Board way, which Ms. Hall said was contrary to the provisions of Section 24-161(f)(3) which prohibits off-street parking for all uses other than single- and two-family residential backing into public rights- of-way. Ms. Hall reviewed Section 24-64(d), grounds of approval for a variance, stating that neither (1) exceptional topographic conditions (5) irregular shape of the property or (6) substandard size of a lot of record, were applicable. She then focused on the applicant's statements regarding the applicability of provisions (2), (3) and (4). The applicant had asserted that Section24-64(d)(2) — surrounding conditions or circumstances impacting the property disparately from nearby properties — was applicable because there are seventy-five (75) existing spaces serving surrounding properties that are.;.allowed to back onto Ahern Street. Ms Hall confirmed there are twenty-seven (27) spaces serving the commercial uses at Shoppes of North Shore, located directly west of the subject property, which °`do back onto Ahern Street. However, that development was constructed in 1990/91, and the parking plan was approved as,part of a use-by-exception on June 26, 1989, and later amended on February 26, 1990, more than 27 years prior to the adoption of Ordinance No. 90-07-200 on July 9, 2007, which enacted the provisions of Section 24-161(f)(3). The remaining forty-two'(4 ).spaces with "direct access" to Ahern street serve residential uses that are either single- or two-family, and thus are exempt from the provisions of Section 24-161(f)(3), or are multi- family or condo units that were approved and in process and/or constructed prior to the adoption of Ordinance No. 90-07-200 in 2007; Ms. ,Hall reminded the Board that per Section 24-64(b)(4), the nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. The applicant also claimed Section 24-64(d)(3) — exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area — was applicable, but failed to explain how. Ms. Hall noted the proposed use was entirely consistent with the permitted uses allowed within the Central Business District, but she explained that the submitted conceptual plan exceeded the development capacity of the site. Page 2 of 17 AGENDA ITEM#7F Draft of the April16, 2013 regular meeting of the Community Development Board JUNE 10,2013 ft Ms. Hall suggested that the property can still be developed to its best and highest use, while respecting the capacity of the site, by (1) reducing the structure size and seating capacity to the minimum required to obtain a Series 4-COP SRX alcoholic beverage license, being two thousand five hundred (2,500) square feet in area and one hundred fifty (150) seats, thereby reducing the required off-street parking to thirty-eight (38) spaces; and (2) reconfiguring parking level design so that vehicular circulation is maintained on the subject property, thus eliminating the need to back into the Ahern Street aright-of-way. She projected an alternative parking plan to demonstrate that this could be accomplished. Finally, the applicant claimed that Section 24-64(d)(4) — onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property - was applicable. Ms. Hall agreed the current provisions of Section 24-161(f)(3) were adopted after the applicant's purchase of the subject property in 2000. However, she noted that the applicant had previously submitted an application for a concurrent rezone and"use-by exception on the subject property just one month after adoption of Ordinance 90-07-200. At that time, and as noted in the official minutes of the August 2.1, 2007 Community Development Board meeting, the applicant acknowledged the new parking regulation and committed to complying with it. She said the current Board should have the same expectation that the same client would work within the same regulations today. Ms. Hall then reviewed applicable provisions of Section 24-64-(c) — grounds for denial of a variance —which state no variance shall be granted if the Community Development Board, in its discretion, determines that the granting of the requested variance shall have materially adverse impact upon (2) congestion of streets, or (3) public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety. She then read the Public Safety review comments submitted by Police Chief Michael Classey: "We have reviewed the request for the variance referenced above. As you know, Sec 24-161(f)(3) specifically prohibits constructing parking spaces which require drivers to back up into the public right-of-way. The applicant characterizes Ahern Street as more of a "service alley". While a vehicle volume study was not able to be completed due to the very short turnaround time of the evaluation, the police department does not concur with this Page 3 of 17 AGENDA ITEM#7F Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board JUNE 10,2013 description. While not to the level of a thru street such as Seminole or Sherry, Ahern Street is a heavily traveled roadway. It is used for much more than accessing the existing parking spaces as the applicant contends and serves as a cut thru between Sherry, East Coast, Ocean and Beach. Any parking plan that would cause vehicles to back out into the roadway would create an unnecessary hazard that could not be supported from a public safety standpoint." Ms. Hall concluded, reminding::the Board that also according to Section 24-64(c), variances shall not be granted solely for personal comfort or convenience, fOr relief from financial circumstances or for relief from situations created by the property owner. Applicant Richard Trendel, .Petra Management, Inc (2440 Mayport Road) Comment spoke on behalf of the applicant and reiterated the applicant's claim that the parking proposed`'to back onto Ahern Street was consistent existing parking serving other properties which abut Ahern Street'. Public No one from.the audience came forth to give comment on the Comment request. Board Mr. Elmore stated that while he would love to see something Discussion .developed on the sit ,which had long been an eyesore, he could not support; this variance request. He disagreed with the characterization of Ahern as a service alley, and he complimented staff for';illustrating that parking requirements could be sufficiently :`Met on-site.and without backing into the public right-of-way. Mr Stratton agreed, noting that the alternative plan drawn by staff would not require a variance. Mr :Hansen added that the subject property requires a higher degree of compliance with the regulations due to the fact that it is a corner property. Visibility, and thus safety, is further impaired by the jog in Ahern Street. Motion Mr. Hansen moved that the Community Development Board deny ZVAR-13-00100047, a request for variance from Section 24- 161(f)(3), to allow required non-residential off-street parking that backs into a public right-of-way, finding that there are no surrounding conditions or circumstances impacting the property disparately from nearby properties, but that certain other properties were developed before the adoption of Ordinance No. Page 4 of 17 AGENDA ITEM#7F Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,2013 90-07-200 and in accordance with an approved use-by-exception, or they are exempt from the provisions of Section 24-161(f)(3) due to the nonresidential nature of their use; finding that there are no exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area, but that the applicant's proposal exceeds the physical capacity of the property and there exists alternative design scenarios that would be in accordance with the requirements of Section 24-161(f)(3); finding that though regulation has been enacted after the platting of the property, it does not have an onerous effect on the future development of the property, because it has been demonstrated that the property can be developed to its highest and best use while meeting the requirements of Section 24-161(f)(3); and, finding that proposal would have a materially adverse effect on public safety by creating traffic hazards impacting both motorized and pedestrian traffic. Mr. Elmore seconded the motion and it passed unanimously, 5-0, B. REZ-13-00100048, 1600 Selva Marina Drive(Atlantic Beach Partners,LLC) Request to rezone approximately 33.90 acres from Planned Unit Development(PUD) to Special Planned Area (SPA).°_ The subject property is currently used as a golf course and country club. The proposed,project is the redevelopment of the Selva Marina Country Club facilities, including the clubhouse and recreational amenities, which may include a pool, cabana/clubhouse, pro shop(s), health/exercise facility, offices, tennis court(s)and/or field(s),parking,storage,and similar facilities. Staff Mr. Elmore disclosed that he is the landscape architect of record Report for this project, and having a financial interest, he stated he would from debate and vote on this matter, though he would be happy to answer any questions that the Board might have. Mr. Hansen disclosed that he is on the Board of Directors of the Selva.; Marina Country Club and that he has also served on an advisory committee investigating redevelopment options for the property. However, because he does not have a financial interest in the project, he stated he would participate in the debate and vote. Ms. Hall summarized the applicant's request as being a modification of an existing PUD, and explained that identical documents have been concurrently filed with the City of Jacksonville seeking the following changes: (1) Exclusion of the Selva Preserve parcel (RE# 172027-0100, located within the City of Atlantic Beach) from the overall project; (2) Inclusion of the existing Selva Marina Country Club golf course parcel (RE# 169399- Page 5 of 17 AGENDA ITEM#7F JUNE 10,2013 Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board 0000, located within the City of Jacksonville) in the overall project; and (3) reconfiguration of the conceptual site plan, relocating all residential development to the center of the golf course parcel. She stated that the current application is the pre-cursor to an annexation initiative which would bring the golf course property and the proposed residential development entirely into the Atlantic Beach jurisdiction. As such, compatibility with established development patterns and preservation of the natural environment are significant factors to the residents of Atlantic Beach, and there applicant has indicated that there will be a deed restriction recorded that would designate the remaining undeveloped golf course property as perpetual green space upon the annexation of that property into Atlantic Beach. She then explained that the proposed modification was consistent with and a number of goals, objectives and policies of the adopted Comprehensive Plan, including the Future Land Use Element, the Recreation and Open Space Element, and the Intergovernmental Coordination Element. Ms. Hall projected a table,entitled "Site Summary Comparison" and reviewed the acreage allocation in the approved Selva Marina Country Club (SMCC) Residential PUD as well as the proposed Atlantic Beach Country Club (ABCC) SPA/PUD. She noted the e.: approved SMCC Residential PUD consisted of a total of about forty- nine (49) acres and one hundred fourteen (114) dwelling units, the proposed ABCC SPA/PUD consists of about one hundred sixty-nine(169) acres and a maximum of one hundred eighty (180) dwelling units. Thus the effective density of the project will be reduced from two and three-tenths (2.3) dwelling units per acre to one and one-tenth (1.1) dwelling units per acre. Ms. Hall then projected a table entitled "Development Standards Comparison" and reviewed the approved and proposed housing mix, as well as minimum lot standards, yard requirements, maximum height and impervious surface standards. She noted the approved SMCC Residential PUD consists of a mix of single and multi-family units in a compact Neo-Traditional arrangement, whereas the proposed modification consists only of single-family dwellings in an arrangement more characteristic of a suburban subdivision. She stated the lot development standards are generally consistent with the those required by Atlantic Beach single-family zoning districts, with the main differences being a Page 6 of 17 AGENDA ITEM#7F Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,20I3 slight reduction in front yard setbacks, from twenty (20) feet to fifteen (15) feet and rear yard setbacks, from twenty (20) feet to ten (10) feet, as well as a maximum impervious surface area of sixty-five (65) percent as opposed to Atlantic Beach's current fifty (50) percent. However, she explained these were acceptable deviations from Atlantic Beach standards due to the fact that the entire residential development would be surrounded by over one hundred seventeen (117) acres of golf course that would most likely be preserved with a„deed restriction or conservation easement. Ms. Hall then explained staff had collectively identified a number of areas of concern described in her original staff report to the Board. She said the''applicant had met with staff and offered a number of concessions based upon those discussions, in the form of a revised narrative:(Exhibit D),<<submitted to staff early this day and provided to the"'Board tonight in the form of a strike- through/underline draft. She then addressed each of these concerns and how,.the applicant was addressing each. • SECTION III A.1 d: USE :;OF COURTYARD LOTS FOR DAILY/OVERNIGHT RENTALS`. Within the City of Atlantic Beach,:,:,eshort term rentals — being anything less than ninety'00) days—are expressly prohibited in residential zoning districts. Staff had recommended establishing a maximum number of such Courtyard Lots that could be used for short term rentals, as well as the maximum number of guests to be allowed per unit and the minimum stay. The applicant added language stating that (1) the maximum number of Courtyard Lots to be used for daily/overnight rental would be four (4) units located within the same courtyard lot configuration; (2) all such units shall be owned by the same entity, which shall be the owner/operator of a hospitality business, such as hotel(s) or resort(s), and shall be managed by an entity with offices in Duval County; and (3) all such units shall be subject to restrictive covenants, including a provision such that if ownership passes from a hospitality business to an individual, daily/overnight rentals shall no longer be a permitted use. • SECTION III.A.11: "SPIRES, CUPOLAS, STEEPLES, CHIMNEYS AND OTHER APPURTENANCES NOT INTENDED FOR HUMAN OCCUPANCY MAY BE PLACED Page 7 of 17 AGENDA ITEM#7F JUNE 10,2013 Draft Minutes of the April 16,2013 regular meeting of the Community Development Board ABOVE THE MAXIMUM HEIGHTS". Within the City of Atlantic Beach, height is defined as the vertical distance from the applicable beginning point of measurement to the highest point of a building's roof structure or parapet, and any attachments thereto, exclusive of chimneys only within the residential zoning districts. Ms. Hall reminded the Board that this provision is included in the Citye,,,Charter and is non-waiverable within residential zoning districts, though there is a provision for waiver:to height, for inclusion of non- habitable architectural,`,,features on structures within non-residential zoning districts, and the applicant could seek such'a waiver for structures on the non-residential clubhouse`parcel. As such, the<<.applicant revised this section'to.conform to provisions of,Article XIV, Section 59 of the Charter of:the City of Atlantic Beach and the definition of "height" as provided in 'Chapter 24 (Land Development Regulations). • SECTISN Ill-B IMPACT OF CLUBHOUSE/RECREATIONAL AMENITIES ACTIVITIES O■ ADJACENT PROPERTIES. Ms. Hall said that while:staff recognizes the applicant has shown consideration for adjacent residential properties with the :inclusion of vegetative buffers, directional lighting and:,.lighting timers, there is still concern as to the =::impact :,'activities held in conjunction with the clubhouse: and recreational amenities will potentially ..have on the surrounding neighborhoods. As such, staff suggested that perhaps hours be established both for normal (daily) operations and for special activities involving additional lighting and public address systems and/or amplified music. The applicant replied that the property already functions as a golf and country club, and there is no anticipated change in the hours of operation. As noted, vegetative buffers, directional lighting and lighting timers will be regularly utilized to temper impact upon adjacent residential properties. Further there will be immediate compliance with any code enforcement directives regarding complaints received. • SECTION III-D.1.a — DETACHED ACCESSORY STRUCTURES — SPECIFICALLY THOSE WITHOUT A BONUS ROOM ABOVE — MAY BE LOCATED IN A REAR OR SIDE YARD Page 8 of 17 AGENDA ITEM#7F Draft Minutes of the April16,2013 regular meeting of the Community Development Board JUNE 10,2013 THREE (3) FEET FROM A LOT LINE. Ms. Hall noted that although most lots within the proposed development back up to the golf course, there are a number of lots which abut other lots. Within the City of Atlantic Beach, all detached accessory structures thirty (30) inches or greater in height are required to comply with a minimum five (5) foot rear and side yard setback. Staff recommended compliance with this provision. The applicant revised this section to comply with Atlantic Beach standards. • SECTION III D. -LAND .CLEARING IS PROPOSED AS AN ACCESSORt OSE. Ms. Hall that staff had had an extensive discussion with the applicant regarding tree removal and land clearing related to redevelopment of the property versus that which would be considered; normal maintenance essential to the operation of the golf course and recreational amenities. This provision remains as originally written, such that, for maintenance purposes of the facilities, land clearing remains an accessory use, subject to applicable fire codes.and,other land:development regulations. • SECTION 4I-E.4— PEDESTRIAN AND VEHICULAR TRAFFIC ACCESS AT ,DUTTON ISLAND ROAD EAST "MAY" BE SECURED INSIDE THE PROPERTY TO LIMIT ACCESS TO RESIDENTS, OF THE DEVELOPMENT AND COMMERCIAL TRAFFIC TO/FROM THE GOLF COURSE, CLUBHOUSE AND RECREATIONAL AMENITIES. Ms. Hall noted that the'securing of Dutton Island Road East access had been a major issue in previous proposals and the approved Selva Marina Country Club Residential PUD expressly states that "permanent access and internal roadways shall be designed, developed and maintained such that the development cannot be used as a 'cut-through' route from Selva Marina Drive to Mayport Road". She said she had spoken with the applicant who concurred this provision was supposed to read "shall", and it was revised accordingly. • SECTION III-F.7 — AN UNLIMITED NUMBER OF BANNER SIGNS NOT TO EXCEED FIFTY (50) SQUARE FEET IN AREA TO PROMOTE SEASONAL, CIVIC, OR COMMUNITY EVENTS THAT OCCUR ON A TEMPORARY BASIS, AS WELL Page 9 of 17 AGENDA ITEM#7F JUNE 10,2013 Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board AS FESTIVAL BANNERS PLACED ON STREET LIGHT POLES, ARE PERMITTED. Within the City of Atlantic Beach, banners must be registered with the City. Each establishment or organization is limited to thirty (30) consecutive or cumulative days per calendar year, and the banner may neither contain an advertising message nor hang over or extend into rights-of-way. Staff recommended the prohibition of banners on public property, including the.placement of festival banners on street light poles located within the public right-of-way, as well as a limitation on the number of events and/or cumulative' that event banners may be displayed, and a requirement that banners shall only be visible internally:to the development . The applicant agreed that banners would be permitted°pursuant to Section 17-33 and revised this`section accordingly. • SECTION III-H PROPERTIES WITHIN THE JURISDICTION OF TN;E,. CITY OF.. ;JACKSONVILLE (GOLF COURSE, RESIDEN(ES).,SHALL BE:SUBJECT TO COJ LANDSCAPING AND TREE PROTECTIONa REGULATIONS, WHILE PROPERTIES LOCATED WITHIN THE JURISDICTION OF THE CITY OF ATLANTIC BEACH (CLUBHOUSE, RECREATIONAL AMENITIES) SHALL BE SUBJECT TO COAB LANDSCAPING AND TREE PROTECTION REGULATIONS. Ms Hall said(;staff had several concerns related to this provision First, there was the concern that the land within Jacksonville would be cleared according to COJ regulations, and there would be a monetary payment to COJ rather than replanting of trees to meet mitigation requirements. Second, there was concern that due to COJ's less stringent minimum tree standards — being one (1) tree per five thousand (5,000) square feet of lot area — as opposed to Atlantic Beach standards — being one (1) tree per two thousand five hundred (2,500) square feet of lot area — the new development would have a residential tree canopy significantly different from adjacent neighborhoods. According to the applicant, the main reason to apply the COJ standards for tree removal from the golf course and residential area was to reduce the burden of mitigation that would be associated with the many pine trees located on the property. However, the applicant expressed a commitment to meeting the Atlantic Beach minimum Page 10 of 17 AGENDA ITEM#7F JUNE 10,2013 Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board tree standards for residential properties. Ms. Hall reported that after a lengthy discussion, a compromise was reached in which it was confirmed that all tree removal, land clearing and landscaping would be reviewed and permitted through the City of Atlantic Beach, though the staff would apply the COJ standards for tree removal on the golf course/residential parcel. The language of this clarified to reflect this. • EXHIBIT H — TRAFFIC:'STUDY FOR PLANNED ATLANTIC BEACH COUNTRY CLUB..;.Ms. Hall said the original traffic study prepared,by Transportation Planners Enterprise, Inc, dated M*ch 19, 2013,focused on two intersections only ,a Mayport Road/Dutton;: Island Road East and Seminole ;Road/Selva Marina Drive. Staff found this study to be faulty for three reasons (1) It assumed all residential trafficwould utilize Dutton Island Road for ingress/egress`and therefore did not anticipate impacts (from residential wits) to Selva Marina Drive and Seminole;Road; (2) It did;,,not anticipate impacts to the intersection of .;Seminole;.. Road/Plaza/Sherry Drive, locally oknown as "Five Way"; and, (3) It only analyzed the PM°:.rush hour, though staff suggests a significant impact will be on the AM movement through the Five Way intersection. Ms. Hall reported that an updated traffic study, <ydated April 12, 2013, was submitted and had been<<included in the materials Board members �9.received at the beginning of the meeting. She said this .document addressed staff concerns as follows: (1) The revised model dispersed thirty-three (33) percent of residential traffic to Selva Marina Drive and sixty-seven (67) percent to Dutton Island Road East by year 2016; (2) New traffic counts were taken at the Five Way intersection; and (3) New traffic counts were taken for the AM rush hour. Ms. Hall explained that the projected impact of the project is about a six (6) percent increase in traffic by 2016. She then displayed a table from the updated traffic study summarizing the estimated traffic impacts on level of service, and noted that the overall impact was below the established level of service for each road, as provided in the Transportation Element of the adopted Comprehensive Plan. Applicant T R Hainline, Rogers Towers, PA, introduced himself as the Page 11 of 17 AGENDA ITEM#7F JUNE 10,2013 Draft Minutes of the April 16,2013 regular meeting of the Community Development Board Comment authorized agent for the applicant, which he said was a team of local builders and developers with a great track record. He thanked staff for the detailed and thorough review of the project, and said he now wished to provide the Board with a broad view of the goals the applicant wished to accomplish, namely (1) to maintain the viability of the club; (2) to maintain the value of the land; and (3) to maintain the natural environment, particularly the viewsheds, important to this community. Mr. Hainline noted that the proposed development represents a dramatic change from the approved PUD, in which all the density was loaded into less than aquarter of the land of the new project, but it is the applicant's desire to create a development that is consistent with the existing character of Atlantic Beach. He emphasized that the proposal consists of three distinctive uses — single family residences, the golf�acourse, and the clubhouse and recreational amenities. He reiterated the applicant's commitment to adequate buffers, secured access and a residential tree canopy consistent with adjacent neighborhoods, and he emphasized the updated traffic study's finding that levels of service on impacted roads would remain acceptable. Mr. Hainline then;:;addressed a citizen concern regarding drainage that was heard at a community meeting held the previous Tuesday �y(April 9; 2013). He explained that drainage will be reviewed by at three'agencies the City of Atlantic Beach, the St Johns River Water Management District, and the Florida Department of Environmental Protection — and that the development would comply with all pre-/post-development requirements. Stormwater facilities will be added to accommodate all runoff associated with residential development and the as part of the golf course redesign, the property will be graded and treatment basins will be incorporated. He emphasized that stormwater runoff cannot be added to the creek or adversely impact the storage capacity of the creek. Mr. Hainline then discussed annexation, stating that it is the applicant's intent to seek annexation of the golf course and residential properties into the City of Atlantic Beach. He said that submittal of this concurrent rezone request to both jurisdictions is the first step. The submittal of an interlocal agreement to each jurisdiction will be an intermediate step. Mr. Hainline concluded, emphasizing the applicant's commitment Page 12 of 17 AGENDA ITEM#7F JUNE 10,2013 Draft Minutes of the April/6,2013 regular meeting of the Community Development Board to continue working with staff and residents to meet the overarching goals of the project (1)to maintain viability of the club; (2) to maintain the value of the land; and, (3) to maintain the natural environment, particularly the viewsheds, important to this community. Public James Wheeler (1404 Linkside Drive) stated he was concerned that Comment there would be increased traffic utilizing 11th Street and Donner Road as a cut-through between.Seminole Road and Mayport Road. Cindy Cain (1945 Francis Avenue) questioned how Dutton Island Road East, which is now essentially one lane width, would be able to accommodate traffic from the development. Ms. Paul invited Mr. Hainline to respond, and he verified that Dutton Island Road East will be improved to City of Atlantic Beach standards, with a minimum pavement width of twenty (20) feet and secured access. Janet Allen (1007 Big Pine Key) also expressed concern regarding increased cut-through traffic on 11th Street, and she asked why the applicant desired short term stays the development. Mr. Hainline said that the inclusion of the short term units was to provide an option to collaborate with an established resort/hospitality provider. Mr. Elmore elaborated, stating that the overnight stay concept is part of the rebranding of the club. He said that One Ocean had expressed a desire to market golf junkets, and it is seen as a unique opportunity to benefit both the club and local businesses Mary Kring (1580 Selva Marina Drive) asked what else could be developed on the property according to this Special Planned Area zoning, and if it is only single-family, why not change the zoning district classification of the property to one of the conventional single-family zoning districts. Mr. Hainline responded that the portion of the project currently within the City of Atlantic Beach is to be redeveloped with a new clubhouse and recreational amenities, that there will be no residential units on this property (other than the one existing house on the parcel to the north of the clubhouse parcel). He continued, explaining that in a Special Planned Area, as in a Planned Unit Development, the narrative and the site plan are binding. What is constructed must conform to what is shown on the site plan and what is described in the narrative. Father Mark Water (1243 Linkside Drive) inquired about the proposed Dutton Island Road East access and expressed concern Page 13 of 17 AGENDA ITEM#7F JUNE 10,2013 Draft Minutes of the April 16,2013 regular meeting of the Community Development Board regarding increased cut-through traffic on 11th Street and Parkside Drive, noting that most people try to avoid Five Way. Mr. Hainline responded that the Dutton Island Road East access will be privately owned and maintained, and that it will be a secured ingress/egress for residents and commercial (vendor)traffic only. He added that if staff felt the traffic study needed to be revised to include impacts to 11th Street, the applicant would certainly comply. Monica Hayes (Sevilla) concurred that traffic generally backs up a block or more at the Five Way intersection during rush hour, and most especially during the morning when the school traffic controls are activated. She then asked if consideration had been given as to the number of children this development would generate, thus increasing the traffic with a school destination during the morning rush hour. Ms. Hall told the Board that certain demographic and destination ,assumptions are built into transportation models, and thus the estimated number of trips provided in the traffic study takes into account these concerns. Board Mr. Stratton asked what the impact on the project would be if the Discussion golf course :;Was not annexed into Atlantic Beach. Ms. Hall responded that the annexation was separate action and there wouldnot be any change in how the land was developed, whether the golf course and residential parcels were located in or out of :Atlantic Beach. She reminded the Board that identical documents including both narrative and site plan — were submitted to both the City of Jacksonville and Atlantic Beach. Mr. Burgess summarized the differences in what is now approved versus what is proposed, stating that the most striking differences are (1) the change the boundaries and acreage, which is now four times;greater the adopted plan, but which also reduces the overall density of the project; (2) the relocation of the residential development to the center of the golf course to create a more conventional residential golf community; and (3) the elimination of multi-family housing. Motion Mr. Stratton moved that the Community Development Board recommend approval of the Atlantic Beach Country Club SPA (Application REZ-13-00100048) to the City Commission, being a change in zoning district classification from Planned Unit Development (PUD) to Special Planned Area (SPA) for lands described within said application, approving the site development plan and adopting the application and supporting documents, and Page 14 of 17 AGENDA ITEM#7F Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board JUNE 10,2013 all terms and conditions as set forth therein, subject to conditions enumerated, and provided the following findings of fact: (1) The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law; (2) The rezoning to Special Planned Area is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Low Density; (3) The rezoning is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Special Planned Areas; (4) The rezoning and the site development plan are consistent with the stated definition, intent and purpose of Special Planned Areas; and, (5) The zoning district classification of Special Area, and the specific uses and special conditions as %'set forth herein, are consistent and compatible with surrounding development.e=Mr. Burgess seconded the motion and it passed unanimously, '4 0, with Mr. Elmore abstaining due to his previously stated conflict of interest. C. REZ-13-00100049,0 11th Street(Selva Preserve,LLC) Request to rezone approximately 7.05 acres from Planned Unit Development (PUD) to Residential Single Family (RS 1). = The subject property is currently part of the Selva Marina Residential PUD as the result of a Joint Venture Agreement. This action seeks to remove the subject property from the PUD approved by Ordinance No. 90- 09-209 and revert to,the RS-1 zoning designation as previously approved by Ordinance No. 90-08-205. staff Ms. Hall reported that this request is incidental to the previous Report application and should be viewed as merely an issue of housekeeping. She explained this parcel came to be part of the Selva Marina Residential PUD in 2009 as the result of a Joint Venture Agreement. However, that venture was not realized and the owners of this parcel are not partners in the Atlantic Beach Country Club SPA request. Because this parcel is less than ten (10) acres in area, and thus does not meet the minimum area requirements of a PUD, it must be rezoned. Because the owners of this parcel do not currently have plans to develop this parcel, they have asked that the zoning simply revert to the previous classification, Residential Single-Family (RS-1). Applicant T R Hainline, Rogers Towers, P A, stated he was the authorized Comment agent for the applicant in this request also. He concurred with staff's assessment that this request was a matter of housekeeping, stating this property alone does not meet the minimum area requirements to be considered as a Planned Unit Development, and thus must be rezoned. He added the RS-1 zoning is consistent and compatible with surrounding lands, and any future Page 15 of 17 AGENDA ITEM#7F JUNE 10,2013 Draft Minutes of the April 16,2013 regular meeting of the Community Development Board development of the property would have to comply with all provisions of the adopted Comprehensive Plan and Land Development Regulations for the City of Atlantic Beach. Public Father Mark Waters (1243 Linkside Drive) expressed concern about Comment the impact of future development of the parcel on 11th Street and other infrastructure including the water/sewer capacity and sidewalks. Janet Allen (1007 Big Pine Key) expressed concern regarding any future development on the subject property, and questioned the density. Board Ms. Hall was asked to respond to the density question. She stated Discussion that the Future Land Use Designation is Residential, Low Density, which allows a maximum of six (6) dwelling units,per acre, or up to forty-two (42) dwel!ings, without any consideration,being given to environmental factors, infrastructure requirements or other subdivision and land development regulations. However, she told the Board that a preliminary assessment conducted when the land was previouslyt. zoned RS-1 estimated that no more than eleven single-family lots could be established on the parcel due to environmental conditions. Mr. Stratton asked how this compared with what was currently approved for the parcel. Ms. Hall reviewed the approved Selva Marina Country Club Residential PUD site plan and replied that the subject parcel is shown to have a total of twelve (12) complete lots and six (6) partial lots. However, she noted the minimum lot standards for the RS-1 zoning district are greater, and therefore more,restrictive, than those for the approved PUD. Motion Mr. Burgess moved that the Community Development Board recommend approval of Application REZ-13-00100049 to the City Commission, being a change in the zoning district classification from Planned Unit Development (PUD) to Residential, Single- Family (RS-1) for lands described within said application, including all supporting documents and information contained therein, and all terms and conditions as set forth therein, subject to conditions enumerated, and provided the following findings of fact: (1) The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law; (2) The rezoning to Residential, Single-Family (RS-1) is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Low Density; (3) Development pursuant to this Page 16 of 17 AGENDA ITEM#7F Draft Minutes of the April 16,2013 regular meeting of the Community Development Board JUNE 10,20I3 rezoning to Residential, Single-Family (RS-1) shall be consistent with the Zoning, Subdivision and Land Development Regulations for the City of Atlantic Beach prior to issuance of local permits authorizing construction or site alteration; (4) The zoning district classification of Residential, Single-Family (RS-1) is consistent and compatible with surrounding development, in that surrounding uses are existing single-family or future single-family residential uses. Mr. Stratton seconded,., the motion and it carried unanimously, with Mr. Elmore-::,abstaining due to his previously stated conflict of interest. 5. REPORTS. None. 6. ADJOURNMENT-7:50 PM Brea Paul, Chair Attest Page 17 of 17 AGENDA ITEM#7F JUNE 10,2013 ORDINANCE NUMBER 90-13-217 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, CHANGING THE ZONING DISTRICT CLASSIFICATION OF LANDS DESCRIBED WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT DEVELOPMENT (PUD) TO RESIDENTIAL, SINGLE-FAMILY (RS-1), PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that the change in zoning classification enacted by this ordinance shall provide for orderly growth; encourage the appropriate use of land; protect and conserve the value of property; prevent the overcrowding of land; promote, protect and improve the health, safety, comfort, good order, appearance, convenience, and general welfare of the public and implement the goals and objectives of the Comprehensive Plan, and WHEREAS, a previous change in the zoning district classification of the lands subject to this change from Residential, Single-Family (RS-1) to Planned Unit Development (PUD) was initiated by the applicant as the result of a Joint Venture Agreement and merger incorporating said lands into the Selva Residential Planned Unit Development and enacted by Ordinance Number 90-09-209 on September 14, 2009, and WHEREAS, the lands subject to this change in zoning classification were not developed according to the Selva Residential Planned Unit Development and said Joint Venture Agreement has since dissolved, and WHEREAS, the lands subject to this change in zoning district classification are not of sufficient size to meet the minimum size requirements for a Planned Unit Development, and WHEREAS, after required notice, public hearings were held on the 16th day of April 2013 at 6:00 p.m. by the Community Development Board, and on the 10th day of June 2013 at 6:30 p.m. and on the 8th day of July 2013 at 6:00 p.m. by the City Commission to hear and enact said Ordinance. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Ordinance No. 90-13-217/Page 1 of 3 AGENDA ITEM#7F JUNE 10,2013 SECTION 1. The above Recitals are hereby incorporated as Findings of Fact in support of this Ordinance, and the City Commission further finds as follows: a. This change in zoning district classification has been fully considered after public hearings with legal notice duly published as required by law and has met the procedural requirements as set forth in Section 24-62 of the Land Development Regulations. b. The proposed rezoning to Residential, Single-Family (RS-1) is consistent with the Future Land Use Map designation of Residential, Low Density of the City's adopted Comprehensive Plan. c. All development pursuant to this rezoning to Residential, Single-Family (RS-1) and any future subdivision to create new lots shall be consistent with the Zoning, Subdivision and Land Development Regulations for the City of Atlantic Beach prior to issuance of local permits authorizing construction or site alteration. d. The zoning district classification of Residential, Single-Family (RS-1) is consistent and compatible with surrounding development in that the surrounding uses are existing single-family or future single-family residential uses, and recreational uses. SECTION 2. Pursuant to this change in zoning district classification procedure, the zoning district classification of those lands as described in the Legal Description, attached hereto as EXHIBIT A are upon enactment of this Ordinance reclassified from Planned Unit Development(PUD) to Residential, Single-Family (RS-1). SECTION 3. To the extent that they do not conflict with the unique, specific and detailed provisions of this Ordinance, all provisions of the Code of Ordinances for the City of Atlantic Beach as such may be amended from time to time shall be applicable to development and use of lands referenced herein except to the degree that development may qualify for vested rights in accordance with applicable ordinances and laws. Furthermore, notwithstanding any provisions of this ordinance, no portion of any ordinance, building code, Comprehensive Plan or any other regulation shall be deemed waived or varied by any provision herein. SECTION 4. This Ordinance shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. SECTION 5. This Ordinance shall become effective on the date passed and enacted by final reading. Upon the effective date of this Ordinance, the change in zoning classification shall be recorded on the Official Zoning Map, as maintained in the Building and Zoning Department by the Building and Zoning Director or designated administrative official. Ordinance No. 90-13-217/Page 2 of 3 AGENDA ITEM#7F JUNE 10,2013 Passed on first reading and public hearing by the City Commission of the City of Atlantic Beach this 10th day of June,2013. Passed on final reading and public hearing this 8th day of July,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 Effective Date: Ordinance No. 90-13-217/Page 3 of 3 AGENDA ITEM#7F JUNE 10,2013 ORDINANCE 90-13-217 EXHIBT "A" LEGAL DESCRIPTION A PORTION OF SECTIONS 16 AND 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, BEING A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 8373, PAGE 820, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF SEMINOLE ROAD (A 100 FOOT RIGHT OF WAY AS NOW ESTABLISHED) WITH THE NORTHERLY RIGHT OF WAY LINE OF 11TH STREET (A VARIABLE WIDTH RIGHT OF WAY); THENCE SOUTH 83°42'00" WEST, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID 11TH STREET, A DISTANCE OF 300.00 FEET TO THE SOUTHWESTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 528,PAGE 283, OF THE CURRENT RECORDS OF SAID DUVAL COUNTY, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 83°42'00" WEST, ALONG LAST SAID RIGHT OF WAY LINE, A DISTANCE OF 175.00 FEET TO THE POINT OF A CURVE, SAID POINT BEING AT THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF SAID 11TH STREET WITH THE EASTERLY RIGHT OF WAY LINE OF LINKSIDE DRIVE (A VARIABLE WIDTH RIGHT OF WAY) AS SHOWN ON THE PLAT OF SELVA LINKSIDE UNIT NO. 1, AS RECORDED IN PLAT BOOK 44, PAGES 23 AND 23A OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE ALONG A CURVE CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 25.00 FEET,AND AN ARC LENGTH OF 39.27 FEET, HAVING A CHORD BEARING AND DISTANCE OF NORTH 51°18'00" WEST, 35.36 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 06°18'00"WEST,A DISTANCE OF 35.00 FEET TO THE POINT OF CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 120.00 FEET; THENCE ALONG LAST SAID CURVE, AN ARC LENGTH OF 67.02 FEET, HAVING A CHORD BEARING AND DISTANCE OF NORTH 22°18'00" WEST, 66.15 FEET TO THE POINT OF REVERSE CURVE, SAID CURVE BEING CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 116.85 FEET; THENCE ALONG SAID CURVE, AN ARC LENGTH OF 28.48 FEET, A CHORD BEARING AND DISTANCE OF NORTH 31°18'00" WEST, 28.48 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 24°18'00" WEST, A DISTANCE OF 160.24 FEET TO THE POINT OF CURVE, BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE ALONG SAID CURVE, AN ARC LENGTH OF 80.52 FEET, A CHORD BEARING AND DISTANCE OF NORTH 35°50'00"WEST,79.98 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID POINT BEING THE SOUTHERLY CORNER OF TRACT "A",AS SHOWN ON SAID PLAT OF SELVA LINKSIDE UNIT NO. 1; THENCE NORTH 27°41'32" EAST, ALONG THE EASTERLY LINE ORDINANCE NO. 90-13-217—EXHIBIT A Page 1 of 2 AGENDA ITEM#7F JUNE 10,2013 OF SAID TRACT "A", A DISTANCE OF 140.04 FEET; THENCE NORTH 74°18'00" WEST, ALONG THE NORTHERLY LINE OF SAID TRACT "A", A DISTANCE OF 140.00 FEET; THENCE SOUTH 83°42'00" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE EASTERLY LINE OF LOT 80 OF SAID SELVA LINKSIDE UNIT NO. 1; THENCE NORTH 06°18'00" WEST, ALONG THE EASTERLY LINE OF SAID LOT 80, A DISTANCE OF 100.00 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 80, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 652, PAGE 484, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE NORTH 11°56'50" WEST, ALONG THE EASTERLY LINE OF SAID OFFICIAL RECORDS BOOK 652,PAGE 484,A DISTANCE OF 319.44 FEET TO THE SOUTHWESTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 7910, PAGE 958, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE NORTH 78°03'10" EAST,ALONG THE SOUTHERLY LINE OF SAID OFFICIAL RECORDS VOLUME 7910, PAGE 958, A DISTANCE OF 386.43 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SELVA MARINA UNIT NO. 4, AS RECORDED IN PLAT BOOK 30, PAGE 28, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE SOUTH 16°17'08" EAST, ALONG LAST SAID LINE, A DISTANCE OF 179.56 FEET TO THE MOST NORTHERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 77, PAGES 196, 197 AND 198, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE SOUTH 11°56'50", ALONG THE WESTERLY LINE OF LAST SAID LANDS, A DISTANCE OF263.52 FEET TO THE POINT OF A CURVE TO THE RIGHT, SAID CURVE BEING CONCAVE WESTERLY, HAVING A RADIUS OF 4235.83 FEET; THENCE ALONG SAID CURVE, AN ARC LENGTH OF 407.45 FEET, HAVING A CHORD BEARING AND DISTANCE OF SOUTH 09°11'25" EAST, 407.28 FEET TO THE SOUTHWESTERLY CORNER OF SAID OFFICIAL RECORDS BOOK 77, PAGES 196, 197 AND 198; THENCE NORTH 83°42'00" EAST, ALONG THE SOUTHERLY LINE OF LAST SAID LANDS, A DISTANCE OF 25.00 FEET TO A POINT ON THE WESTERLY LINE OF SELVA MARINA UNIT NO. 3, AS RECORDED IN PLAT BOOK 29, PAGE 27 OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE SOUTH 06°18'00" EAST,ALONG THE WESTERLY LINE OF SAID SELVA MARINA UNIT NO. 3,A DISTANCE OF 110.00 FEET TO A POINT ON THE NORTHERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 528, PAGE 283; THENCE SOUTH 83°42'00" WEST, ALONG THE NORTHERLY LINE OF LAST SAID LANDS, A DISTANCE OF 25.00 FEET; THENCE SOUTH 06°18'00" EAST, ALONG THE WESTERLY LINE OF SAID OFFICIAL RECORDS BOOK 528, PAGE 283, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING, CONTAINING 7.21 ACRES,MORE OR LESS. BEING THE SAME LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME 8373, PAGE 820 OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY, FLORIDA, LESS AND EXCEPT THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 7910, PAGE 958 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY,FLORIDA. ORDINANCE NO.90-13-217—EXHIBIT A Page 2 of 2 AGENDA ITEM#7F JUNE 10,2013 • 4x�4�"11 i�1. i i�..."� p.. APPLICATION FOR ZONING MAP AMENDMENT (NON-PUD I NON-SPA) City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233-5445 • Phone: (904)247-5800 • Fax (904)247-5845 • http://www.coab.us Date File No. Wel /3- 00/6r201-N Receipt POZ Al 44 SP-q 1. Applicant's Name Selva Preserve,LLC 2. Applicant's Address 248 Levy Road,Atlantic Beach,FL 32233 3. Property Location 11th Street,Atlantic Beach,FL 4. Property Appraiser's Real Estate Number RE#172027 0100 5. Current Zoning Classification PUD 6. Comprehensive Plan Future Land Use designation RL 7. Requested Action Rezone to RS-1;see Exhibit A for explanation. 9. Size of Parcel Approx.7.21 acres 10.Utility Provider JEA • 8. Statement of facts and special reasons for requested rezoning,which demonstrates compliance with Section 24-62 of the City of Atlantic Beach Code of Ordinances,Zoning and Subdivision and Land Development Regulations. (Attach as Exhibit A.) 11. Provide all of the following information: a. List of adjacent property owners within 300 feet of the.property including name, mailing address and Property Appraiser's Real Estate number from most recently certified tax rolls. Address two (2) legal size envelopes to each property owner on the list. Do not include a return address. Each envelope must contain proper postage. The order of the envelopes must match the order in which the names appear on the list. b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner,a letter of authorization from the owner(s)for applicant to represent the owner for all purposes related to this application must be provided. c. Survey and legal description of property sought to be rezoned. Identify any wetlands,water bodies or other environmental features. (Attach as Exhibit B.) d. Required number of copies(5) e. Application Fee($500.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: • Signature of owner(s)or authorized person if owner's authorization form is attached: Printed or typed name(s): T.R.Hainlinelde i Signature(s): r N ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: T.R.Hainline,Jr. Mailing Address: 1301 Riverplace Blvd.,Suite 1500,Jacksonville,'FL 32207 Phone: (904)346-5531 FAX: (904)396-0663 E-mail:THainline@RTLaw.com AGENDA ITEM#7F JUNE 10,2013 Exhibit A Selva Preserve was originally rezoned to residential,single family(RS-1)to permit the future development of a maximum of 16 single family residential lots with associated roadway,drainage, buffers and conservation areas by COAB ordinance 90-08-205,approved at final reading on May 27, 2008.In 2009,Selva Preserve and SMCC entered into a Joint Venture Agreement to develop the Cove project and Selva Preserve was added to the SMCC PUD(original PUD approved by ordinance number 90-07-202)by ordinance 90-09-209 on September 14,2009.Ordinance 90-08-205 was repealed by that action. SMCC now desires to rezone the PUD as approved by ordinance 90-09-209 to a SPA by Its application dated March 25,2013.The application of SMCC does not Include the 7.05 acres owned by Selva Preserve,LLC. Because Selva Preserve does not qualify as a PUD on its own due to the size of the parcel,Selva Preserve hereby requests that zoning designation revert to the RS-1 designation.There are no current plans to develop the property. AGENDA ITEM#7F • • EXHIBIT "B JUNE 10,2013 A PORTION'OF SECTIONS 16 AND 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL • • COUNTY, FLORIDA, BEING A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 8373, PAGE 820, OF THE CURRENT PUBLIC RECORDS OF-SAID • DUVAL COUNTY, FLORIDA, AND BEING.MORE PARTICULARLY DESCRIBED. AS FOLLOWS; . FOR A POINT OF REFERENCE,.COMMENCE.AT TFIE INTERSECTION OF THE WESTERLY-RIGHT OF•WAY.LINE OF SEMINOLE ROAD (A 100 FOOT RIGHT OF WAY • AS NOW ESTABLISHED)_WITH:'THE NORTHERLY RIGHT OF WAY,LINE'OF 11TH STREET (A VARIABLB_WIDTH RIGHT OF WAY); •THENCE SbUTH 83'42'00" • . WEST, ALONG THE NORTHERLY JtIGHT OF WAY`LINE OF•SAID 1141-1 STREET, A • • . ' DISTANCE OF,300.00 FEET TO THE SOUTHWESTERLY'CORNER OF-,THOSE LANDS DESCRIBED IN.OFFICIAL:RECORDS BOOK 528;PAGE 283,.OF.THE•CURRENT:PUBLIC RECORDS-OF SAID DUVAL COUNTY, SAID POINT BEING THE POINT:OF BEGINNING; THENCE CONTINUE SOUTH,83.4.2.06" WEST, ALONG'LAST SAID'RIGHT OF WAY UNE, A DISTANCE OF 175.00 FEET TO THE POINT OF CURVE, SAID POINT BEING AT• .,• THE INTERSECTION OF-THE•NORTHERLY-RIGHT OF WAY LINE.OF.SAID 11TH STREET WITH THE. EASTERLY RIGHT OF WAY LINE OF LINKSIDE DRIVE (A.. VARIABLE.,WIDTH RIGHT OF WAY) AS SHOWN ON THE PLAT-OF SELVA;LINKSIDE UNIT-NO. 1, AS RECORDED-IN PLAT BOOK 44, PAGES 23 AND-23A, OF;THE.CURRENT PUBUC RECORDS OF SAID DUVAL.COUNTY; THENCE ALONG A•-CURVE CONCAVE NOFITHEASTERLY, HAVING A RADIUS OF 25.00 FEET,-AN ARC LENGTH OF 39.27' FEET, HAVING A CHORD BEARING AND DISTANCE OF NORTH-:5118'00 WEST,. 35.36 FEET TO THE-POINT'OF TANGENCY OF SAID CURVE; THENCE-NORTH 06'18'00" WEST, A-DISTANCE OF 35.00 FEET'TO THE POINT OF CURVE•BEING CONCAVE SOUTHWESTERLY, HAVING A.RADIUS-or 120,00 FEET; THENCE=ALONG LAST-.SAID CURVE; AN ARC LENGTH OF-67.02-FEET;:HAVING A CHORD BEARING • AND DISTANCE OF NORTH.22'18'00" WEST,-66:15 FEET:TO THE.POINT OF REVERSE-CURVE, -SAID CURVE BEING C ONCAVE.NORTHEASTERLY,- HAVING A RADIUS OF 116.85 FEET; THENCE ALONG SAID'CURVE;-..AN ARC LENGTH-OF-28.48 FEET, A CHORD BEARING.AND DISTANCE OF:NORTH.`31"18'b6"-•-WEST;..28.48-_ • • FEET TO•THE POINT OF TANGENCY OF SAID..CIJRVE;•-THENCE. NORTH 24'1W00": • WEST, A DISTANCE OF 160.24-FEET TO.THE POINT OF CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A-RADIUS OF 200.00 FEET; THENCE ALONG SAID CURVE, AN ARC LENGTH OF 80.52'FEET, A CHORD BEARING AND:DISTANCE.OF NORTH 35'50'00" WEST, 79.98 FEET TO THE POINT OF TANGENCY. OF SAID • : • • CURVE, SAID POINT BEING THE SOUTHERLY CORNER-OF TRACT "A", AS,SHOWN • ON SAID PLAT OF SELVA LINKSIDE UNIT NO..1;,THENCE-NORTH 27'41'32" • EAST, ALONG THE EASTERLY LINE OF SAID TRACT "A", -A DISTANCE OF 140.04 - - FEET; THENCE' NORTH'.74'18'00" WEST, ALONG- THE NORTHERLY LINE OF SAID • TRACT "A", A DISTANCE OF 140.00 FEET;. THENCE-SOUTH. 83'42'00" WEST,•A DISTANCE OF 60.00-FEET:TO,A,POINT ON THE EASTERLY UNE OF LOT B0, OF SAID SELVA LINKSIDE UNIT NO:. 1; THENCE .NORTH 06`18'00" WEST, ALONG THE ' EASTERLY LINE OF SAID'LOT. 80,...A DISTANCE:OF 1001-Q0'FEETcTD .THE • . • NORTHEASTERLY CORNER- OF'SAID LOT 80, SAID•POINT ALSO BEING.-THE. SOUTHEASTERLY CORNER_OF THOSE-LANDS-DESCRIBED IN,OFFICIAL:RECORDS BOOK 652, PAGE-484;•O E° F TH -CURRENT PUBLIC RECORDS;,OF SAID DUVAL• • COUNTY; THENCE'NORTH 11'56'50 WEST, "ALONG THE.EATERLY LINE,OF - SAID OFFICIAL RECORDS BOOK 652; PAGE 484, A DISTANCE OF'319:44 FEET TO THE SOUTHWESTERLY CORNER OF- THOSE LANDS DESCRIBED IN OFFICIAL RECORDS . - j VOLUME- 7910, PAGE 958, OF THE CURRENT PUBLIC.RECORDS OF SAID DUVAL �. • COUNTY; THENCE NORTH 78'03'10" EAST; ALONG THE SOUTHERLY LINE OF-- - SAID OFFICIAL RECORDS VOLUME 7910, PAGE 958, A DISTANCE OF 386.43 FEET TO . . A POINT ON THE WESTERLY BOUNDARY LINE OF SELVA.-MARINA'UNIT N0::4, AS. RECORDED IN PLAT BOOK 30, PAGE 28, OF THE CURRENT PUBUC RECORDS OF SAID DUVAL COUNTY; THENCE.SOUTH 16'17''08" EAST, ALONG LAST. SAID -LINE, A DISTANCE OF 179.56 FEET TO THE MOST NORTHERLY-CORNER OF THOSE • LANDS DESCRIBED IN OFFICIAL RECORDS BOOK-77, PAGES:196, 197 AND-.198, OF THE CURRENT.PUBLIC RECORDS OF SAID DUVAL COUNTY;, THENCE SOUTH. • 11'56'50"EAST, ALONG THE WESTERLY LINE OF LAST.SAID LANDS, A DISTANCE•-OF 263.52 FEET-Tb THE POINT OF A CURVE—TO THE RIGHT,.;SAID CURVE BEING, • CONCAVE WESTERLY, HAVING A'RADIUS OF 4235;83•FEET• .THENCE ALONG,SAID • CURVE, AN ARC,LENGTH,AF 407.45 FEET, HAVING:A' CHORD.HEARING_AND DISTANCE- ! OF SOUTH 09'11'25" EAST; 407.28.FEET TO THE SOUTHWESTERLY CORNER OF SAID • OFFICIAL RECORDS BOOK 77, PAGES 196, 197 -AND 198; .THENCE NORTH 83'42'00" EAST, ALONG THE SOUTHERLY'LINE OF LAST-SAID- LANDS, A - DISTANCE OF 25.00 FEET TO A POINT'ON'THE WESTERLY LINE OF•SELVA MARINA UNIT NO. 3, AS RECORDED IN PLAT BOOK-'29, PAGE 27, OF.THE CURREC1T PUBLIC RECORDS.OF SAID DUVAL.COUNTY;"THENCE`SOUTH 06'18'00"-EAST, ALONG- • THE WESTERLY LINE OF SAID SELVA.MARINA' UNIT NO: 3,•A DISTANCE OF. 110.00 FEET TO A POINT--ON THE NORTHERLY-LINE-OF THOSE LANDS DESCRIBED IN •OFFICIAL RECORDS BOOK.528; PAGE 283;.:.THENCE SOUTH 83•42'00" WEST, ALONG THE NORTHERLY•LINE OF LAST SAID LANDS, A DISTANCE OF 25.00 FEET; THENCE SOUTH 06'18'00 EAST,..ALONG THE:WESTERLY LINE OF SAID . OFFICIAL RECORDS BOOK 528, PAGE 283, A DISTANCE OF 40.00 FEET TO 11-IE POINT • OF BEGINNING, CONTAINING 7:21 ACRES, MORE OR LESS. I BEING THE SAME LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME-8373, PAGE• 820, OF- THE CURRENT PUBLIC RECORDS OF.SAID DUVAL COUNTY, FLORIDA. • LESS AND EXCEPT THOSE:LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 7910, PAGE 958 OF THE CURRENT PUBLIC RECORDS•OF DUVAL COUNTY, FLORIDA. • AGENDA ITEM#10 ORDINANCE NO.20-13-122 JUNE 10,2013 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#8B, to go forward with funding for videotaping the future commission meetings. This will requires the purchase and installation of a ale camera system and a monthly live streaming hosting and remote switching service,and WHEREAS durin. the Ma 13, 2013 Cit Commission meetin_ the Commission decided to amend the •ro.osal to lower the scobe of the •ro.ect and the related fimdin 7 therefore causin_ this .ro osed ordinance to be Presented as a first readin"on the next agenda. 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- S7-3-1712100_ $6,000 Contract.Services- 4,675 700 Total Expenses: Fund Balance 4$35,67.5 . <$6,711) 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of 2013. Passed by the City Commission on second and final reading this day of 2013. Mike Borno Mayor f Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen, Esquire Donna L. Bartle,CMC City Attorney City Clerk AGENDA ITEM#7H JUNE 10,2013 ORDINANCE NO. 95-13-106 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 ANIMALS, TO ADD A DEFINITIONS SECTION, TO REVISE INTERFERING WITH PERFORMANCE OF DUTIES,TO DELETE ANIMAL SHELTER OR IMPOUNDING VEHICLES AND REPLACE WITH AUTHORITY TO ENTER PRIVATE PROPERTY, TO REVISE CLASSIFICATION OF DOGS AS DANGEROUS, TO ADD HABITUAL NUISANCE, REVISE ANIMAL NEGLECT, REVISE RABIES VACCINATIONS AND TO UPDATE CITATIONS AUTHORIZED AND PENALTIES,AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1. Chapter 4 of The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: ARTICLE I. IN GENERAL Sec. 4-1.Animal Control Enforcement. The provisions of this chapter shall be enforced by the animal control officer(s), police officer(s), and code enforcement officer(s) of the city. The powers and authority granted under this Chapter shall be supplemental to the powers and authority already provided for by Florida Statutes, relating to local animal control regulations. Sec. 4-1.1.Definitions For the purposes of this Chapter, the following words and terms shall have the following meanings unless the context clearly requires otherwise. (a) Allow or Permit, in addition to their common meanings, shall also include any failure to take reasonable proactive measures to restrict the animal from engaging in any activity prohibited by this Chapter. (b) Animal means any live vertebrate creature including mammals, birds, reptiles, amphibians and fish, but not humans, and/or as defined in F.S. § 828.02. (c) Animal control officer/authority means any individual employed, contracted with, or appointed by the City of Atlantic Beach, for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, welfare of animals or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal. AGENDA ITEM#7H JUNE 10,2013 (d) At-large means that an animal is off the property of its owner, unless restrained by leash or tether of twelve feet or less in length, or other physical control device, such that the animal is under the physical control of a responsible person, and (i) the animal has entered upon the property of another person without authorization of that person, or (ii) the animal has entered onto public property, street or right-of-way. If the dog owner's property whether owned or leased is located within a community association or other common-property arrangement, it shall also be considered off the owner's, leaser's, or renter's property if the animal leaves the owner's curtilage and onto common property, unless such property is clearly designated as an 'off-leash' area (i.e. Dog Park). An animal on a retractable or other trolley leash system shall be considered at- large if the leash is extended beyond twelve feet in length since adequate physical control cannot be maintained over the animal. (e) Business day means Monday through Friday but excluding official holidays recognized by the City. Unless a provision in this Chapter specifically refers to "business" day, any reference to "day" shall mean a calendar day. (f) Cat means all domestic felines. (g) Control means the provision, ownership, care and/or custody of an animal or animals (see "Physical Control" definition). (h) Cruelty means any act of cruelty upon an animal as defined in Sec 4-5 and/or as provided in F.S. Ch. 828. (i) Curtilage means the enclosed land or yard surrounding a house or dwelling. (j) Dog means all members of the canine family that are domesticated. (k) Domestic means tame, usually by generations of breeding, and living in close association with humans as a pet or work animal in such a way that creates a dependency on humans so that the animal loses its ability to live in the wild. (1) Enclosure or Outdoor Enclosure means any structure with at least three walls, a roof, and floor in adequate condition as not to endanger the safety of the animal and as to provide necessary protection of the animal from weather conditions. An enclosure must be properly located so that it does not allow for standing water to pool inside the enclosure following any weather event or other water intrusion. For pets not declared dangerous a residence may be considered a proper enclosure; different rules as specified in this chapter apply to a 'proper enclosure' for declared dangerous dogs. Page 2 of 23 AGENDA ITEM#71-1 JUNE 10,2013 (m) Harbor means the act of caring for and keeping an animal or the act of providing a premise or residence to which the animal returns for food, shelter or care for a period of at least ten days, or at the point where the caregiver is providing the primary source of sustenance for the animal; whichever time is shorter. (n) Nuisance means any act performed or permitted to occur (including permitted by lack of reasonable and appropriate action/control required for prevention) which injures or prevents another from enjoying his/her legal rights, in particular, the creation of conditions (including created by lack of reasonable and appropriate action/control required for prevention) leading to the excessive breeding of fleas or flies, odors or noises and other obnoxious circumstances caused by the keeping of animals. (o) Owner means any person, firm, corporation, or other entity possessing, harboring, keeping, or having control or custody of an animal; a person must be age 18 or older to be considered the legal owner of an animal. If a person under the age of 18 is considered the custodian or caretaker of the animal, the parents or legal guardians shall be considered, the legal owner of the animal and responsible for all matters involving that animal. There shall be a rebuttable presumption that the person's name appearing on the animal's registration or radio frequency identification device (RFID), commonly known as a "microchip," is the owner. (p) Person means any individual person, firm, corporation or other entity. The knowledge and acts of agents and employees of a firm, corporation or other entity, with regard to the treatment of animals owned, in the custody of or transported by such firm, corporation or other organization, shall be the knowledge and acts of the firm, corporation or other entity. (q) Physical Control means adequate domination or power to influence/oppress the actions of the animal to prevent the animal from engaging in biting, aggression towards people or animals, straying, being at-large or other behaviors regulated by this ordinance or state law by the use of a proper leash or similar device attached to an appropriate collar or harness. To maintain physical control the animal must be on a leash not to exceed twelve feet at its maximum extension. Animals on longer leashes or similar devices extended beyond twelve feet shall be considered not under physical control and may be subject to being treated as at-large for provisions of this Chapter. Page 3 of 23 AGENDA ITEM#7H JUNE 10,2013 (r) Quarantine or ten-day quarantine means confining an animal for observation of any symptoms of rabies, which confinement is typically for a ten-day time period from the date of the bite, scratch or other potential rabies exposure, unless a longer time period is required pursuant to State regulations and guidelines. (s) Rabies means an acute, fatal, infectious disease of the central nervous system that is transmitted when the virus is introduced into bite wounds, open cuts in skin, or onto mucous membranes. (t) Radio Frequency Identification Device (RFID), commonly referred to as a "microchip", a device about the size of a grain of rice encased in surgical glass that is implanted underneath the skin of a dog, cat or other animal that when scanned produces a unique number that identifies the animal and its owner (if properly registered). When present, an RFID with registration information shall be considered the primary indication of ownership. (u) Stray means any animal that is found to be at-large, whether lost by its owner or otherwise, or that is on the common areas of apartments, condominiums, trailer parks or other multi-residential premises, and that does not have identification tag and for which there is no identifiable owner. (v) Sufficient Food means access to the proper food for the species of animal on a regular, ongoing basis in quantities sufficient to maintain a regular body weight. Animals under active, current veterinary care may deviate from this based upon the expertise of a licensed veterinarian. (w) Sufficient Water means access to clean, fresh, potable water of a drinkable temperature on a regular, ongoing basis that is provided in a suitable manner and in sufficient volume. (x) Transporting means shipping, transporting, carrying, importing, exporting, receiving or delivering for shipment, transportation, carriage or export. (y) Vaccination against rabies means the proper administration of anti-rabies inoculation or vaccination by a veterinarian licensed by the state board of veterinary medicine. (z) Veterinarian means an individual who is licensed to engage in the practice of veterinary medicine in Florida. Page 4 of 23 AGENDA ITEM#7H JUNE 10,2013 (aa) Wholesome exchange of air means sufficient ventilation or other means of air exchange adequate to prevent the accumulation of noxious odors and limit airborne disease transfer and provide adequate air movement in/through the structure. Sec. 4-2.Interfering with performance of duties. It shall be unlawful for any person to interfere with, resist, prevent or hinder any animal control officer in the performance of any duty required by this Chapter including, but not limited to, removing or attempting to remove an animal from an animal control officers vehicle, tampering with or removing an animal from a City of Atlantic Beach animal trap, tampering with or destroying signs and/or other City property, interfering with the lawful execution of the duties of an animal control officer or interfering with the lawful impoundment of an animal. All alleged violators of any section of this ordinance shall be required to provide positive photo identification and accurate current residence. Violations of the section are punishable by a fine of$500. Sec. 4-3.Authority to enter private property. An animal control officer is authorized to enter upon any private property that is unfenced, or that is fenced but with a gap, opening or indentation, or with a gate that is not closed and locked for the purpose of investigating a complaint of violation of this Chapter or for the purpose of seizing and impounding any animal that is stray or at-large, or as otherwise authorized by this Chapter; however, an animal control officer is not authorized to enter a dwelling without the owner's or the resident's permission, or without a warrant or under other Sec. 4-4.City designated bird sanctuary, trapping, hunting, molesting, etc., of birds prohibited; exception. (a) The entire area embraced within the city is hereby designated as a bird sanctuary (b) It shall be unlawful to trap, hunt, or molest in any manner any bird or wild fowl or to rob birds' nests or wild fowl nests; provided, that if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or a menace to health or property, in the opinion of the proper health authorities of the city, then the health authorities shall meet with representatives of the Audubon Society, bird club, garden club or humane society, or as many of the clubs as are found to exist in the city, after having given at least three (3) days' actual notice of the time and place of the meeting to the representatives of the clubs. Page 5 of 23 AGENDA ITEM#711 JUNE 10,2013 (c) If as a result of the meeting no satisfactory alternative is found to abate the nuisance, then the birds may be destroyed in such number and in such manner as is deemed advisable by the health authorities under the supervision of the chief of police of the city. (d) Any violations of this section may be reported to Florida Wildlife Conservation Commission(FWC) for further investigation/disposition. (e) Violations of this section are punishable by a fine not exceeding $500 Sec. 4-5.Cruelty to animals. (a) It shall be unlawful for any person to overload, overdrive, torture, torment or deprive of necessary sustenance, food or drink, or unnecessarily or cruelly beat, mutilate or kill any animal or cause or permit either of such offenses to be committed. (b) It shall be unlawful for any person to willfully and maliciously steal, kill, wound or injure any animal which is the property of another or willfully and maliciously administer poison to any animal or expose any poisonous substance with intent that the same shall be taken and swallowed by any animal which is the property of another. (c) It shall be unlawful for any person to willfully and maliciously mistreat or abandon any animal within the limits of the city. (d) It shall be unlawful to carry any animal in or upon any vehicle in an inhumane way so as not to provide for protection, safety and comfort of the animal. (1) It shall be unlawful to carry an animal in the back of an open vehicle without being safely tethered to avoid injury and without protecting the animal from extreme weather conditions. (2) It shall be unlawful to leave an animal unattended in a vehicle in a way that endangers the health or well-being of the animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering or death. (a) A Law Enforcement Officer (LEO) or Animal Control Officer (ACO) who finds an animal in a vehicle as described in (1) and (2) above may enter the vehicle by using the amount of force reasonably necessary to remove the animal. A LEO or ACO who acts in substantial compliance with the provisions of this section shall be immune from civil and criminal liability; and the City shall also be held immune from civil liability (e) Any act, omission or neglect whereby unnecessary or unjustifiable pain or Page 6 of 23 AGENDA ITEM#7H JUNE 10,2013 suffering is caused, permitted or allowed to continue to an animal when there is reasonable remedy or relief shall be considered cruelty, and is unlawful under this section. (f) A violation of this section is punishable by a fine of$500. Sec. 4-6.Reserved. Sec. 4-7.Keeping or maintaining certain animals in the city. (a) It shall be unlawful for any person to keep or maintain horses, mules, cows, cattle, chickens, poultry, or goats in the city, except for in special events, as approved by the city manager. (b) It shall be unlawful for any person to keep a hog or hogs upon any property or premises located within the limits of the city, with the sole exception of a bona fide, purebred miniature Vietnamese potbellied pig which is kept for the sole purpose of providing human companionship and which is in compliance with all other applicable provisions of this Code. Miniature Vietnamese potbellied pigs may be kept as household pets under the following conditions: (1) Ownership of a pig or other swine animal as a household pet is prohibited, except if such animal is a purebred miniature Vietnamese potbellied pig, sus scrofa vittatus, is no younger than six (6) weeks of age, weighs no more than one hundred twenty-five (125) pounds, measures no more than twenty-two (22) inches in height to be measured to the top of a front shoulder, is spayed or neutered, is registered with a purebred registry which is recognized as bona fide by the animal control officer and is kept as a household pet for the sole purpose of providing human companionship. Ownership of such an excepted pig, hereinafter "pet potbellied pig," shall be regulated by the provisions of this part. (2) No household shall own or keep more than one (1) pet potbellied pig. (3) Every pet potbellied pig shall be maintained primarily within the residence of its owner. No pet potbellied pig shall be kept out-of- doors. Every pet potbellied pig may be exercised from time to time within a securely fenced enclosure on the owner's residential property or while under the secure physical control of the owner, or other custodian, by means of secure leash, chain or chord. Pursuant to section 4-24, which is hereby made applicable to this part, no pet potbellied pig shall run at large. 4) No pet potbellied pig shall be starved or otherwise deprived of healthful sustenance appropriate for its species and particular nature. Depriving a pet potbellied pig of healthful sustenance for Page 7 of 23 AGENDA ITEM#7H JUNE 10,2013 any purpose, to include the purpose of stunting its growth of having it conform to the weight or height provisions in subsection (1) above, shall not constitute an exception to this provision. Violation of this provision shall constitute an offense punishable by a fine of five hundred dollars ($500.00). (5) All portions of chapter 4 which pertain to dogs and cats, or to relevant penalties, fees and time frames, and which are not superseded by specific provisions of this part, are hereby declared to pertain to pet potbellied pigs, as defined and regulated under this chapter, with the following provisions: (a) There shall be no required annual inoculation against rabies for such pigs, but written certification by a licensed veterinarian shall be submitted as part of every application for annual license for a pet potbellied pig as proof that such pig has, within thirty (30) full business days before such application, been inoculated against and/or been blood-tested, with negative results, for pseudo rabies and for brucellosis; (b) Pet potbellied pigs shall be exempt from the quarantine provisions of chapter 4, but shall be subject to the provisions of Chapter 10D-3, Florida Administrative Code (c) Every application for annual license for a pet potbellied pig shall be accompanied by written certification from a licensed veterinarian that such pig is spayed or neutered and was, within thirty (30) days before such application is made, in compliance with this section's age, weight and height provisions; (d) Every application for annual license for a pet potbellied pig shall be accompanied by a sworn affidavit signed by the applicant to the effect that such pig is and shall be, for as long as it is owned by such applicant and regulated under this part, the sole pet potbellied pig owned or kept in such applicant's household; (e) Before application for annual license for a pet potbellied pig is made, the owner of such pig shall allow the animal control officer a reasonable and timely opportunity to examine such pig and its bona fides as a registered potbellied pig pursuant to subsection (1) above for the purpose of ascertaining that such pig is a true miniature Vietnamese potbellied pig; and (f) The animal control officer shall have the authority to refuse application for annual license for any pig which it deems not to be identifiable as a true miniature Vietnamese potbellied pig. (6) No potbellied pig regulated by the provisions of this part shall be maintained or used as a source of food. No owner or animal shelter shall dispose of a pet potbellied pig by use, sale, trade or gift of Page 8 of 23 AGENDA ITEM#7H JUNE 10,2013 such pig as a food source or as a research animal, but shall dispose of it only by sale, trade or gift as a household pet, pursuant to this part, by surrender to the animal control officer or to the Jacksonville Humane Society, or by humane euthanasia to be administered by the animal control officer, the Jacksonville Humane Society, or a licensed veterinarian. Failure to comply with any provision of this section shall constitute an offense punishable by a fine of five hundred dollars ($500.00). (7) All ordinance Code provisions and all Florida State Statutes which pertain to cruelty to or humane treatment of animals and which are not superseded by any specific provision of this part shall apply to the ownership of pet potbellied pigs as regulated under this part. Sec. 4-8.Legislative findings. (Sections 4-8 through 4-10 consistent with F.S. 767.10--767.16.) The legislature finds that dangerous dogs are an increasingly serious and widespread threat to the safety and welfare of the people of this state because of unprovoked attacks which cause injury to persons and domestic animals; that such attacks are in part attributable to the failure of owners to confine and properly train and control their dogs; that existing laws inadequately address this growing problem; and that it is appropriate and necessary to impose uniform requirements for the owners of dangerous dogs Sec. 4-9.Injuries caused by animals. (a) If an animal is off of the property of its owner or of the property of the person who has custody of the animal and the animal attacks and injures any person or other animal, the owner or person in custody of the animal shall be guilty of a violation of this article. (b) Violations of this section are punishable by a fine of$500.00 Sec. 4-10.Dangerous dogs. (1) "Dangerous dog" means any dog that according to the records of the appropriate authority: (a) Has aggressively bitten, attacked, endangered or has inflicted severe injury on a human being on public or private property; Page 9 of 23 AGENDA ITEM#7H JUNE 10,2013 (b) Has severely injured or killed a domestic animal while off the owner's property; (c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (d) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one (1) or more persons and dutifully investigated by the appropriate authority. (2) "Unprovoked" means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. (3) "Severe injury" means any physical injury those results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. (4) "Proper enclosure of a dangerous dog" means that the dog is securely and humanely confined on the owner's property within a house, building, locked pen or other enclosure that is designed to prevent the dangerous dog from escaping over, under or through the enclosure (the "primary" enclosure). If the dog is maintained outside, then a portion of the owner's property must be fenced with a secured perimeter fence of sufficient height and strength to prevent entry by the public and to prevent the dog's escape from the owner's property if the dog escapes from the primary enclosure. Within the perimeter fence, the dog must be humanely confined inside a primary enclosure consisting of a locked pen, kennel or other structure of adequate size that provides protection from the elements. The primary enclosure must have secure sides that are securely set into the ground or into a concrete pad, and it must have a secure top attached to all sides. The primary enclosure must be locked at all times when the dog is unattended by either the owner or a competent custodian eighteen (18) years of age or older. It is not considered a proper enclosure to simply chain, tether or otherwise tie a dog to an inanimate object, such as a tree or post, inside a perimeter fence. (5) "Animal control authority" means an entity acting alone or in concert with other local governmental units and authorized by them to enforce the animal control laws of the city, county or state. In those areas not served by an animal control authority, the sheriff shall carry out the duties of the animal control authority under this act. (6) "Animal control officer" means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in Page 10 of 23 AGENDA ITEM#7H JUNE 10,2013 the enforcement of this act or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal. (7) "Owner" means any person, firm, corporation or organization possessing, harboring, keeping or having control or custody of an animal or, if the animal is owned by a person under the age of eighteen (18), that person's parent or guardian. Sec. 4-11.Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts. (1) (a) An animal control authority shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation may be impounded with the animal control authority. If the subject dog is not impounded, it shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. If the dog is within a private residence and the occupant of the residence or the owner of the suspected dangerous dog refuses to surrender it after a request by a LEO or ACO the animal control authority may obtain, from a court of competent jurisdiction, a warrant to seize the dog. Failure to surrender the dog upon request of the animal control officer is a violation of this section subject to a $500 fine and/or any applicable criminal penalty defined in State Law. The address of where the animal resides shall be provided to the animal control authority. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred. (b) A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or Page 11 of 23 AGENDA ITEM#711 JUNE 10,2013 its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. (c) After the investigation, the animal control authority shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. The animal control authority shall provide written notification of the sufficient cause finding, to the owner, by registered mail, certified hand delivery, or service in conformance with the provisions of Chapter 48 relating to service of process. The owner may file a written request for a hearing within seven (7) calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than twenty-one (21) calendar days and no sooner than five (5) days after receipt of the request from the owner. Each applicable local governing authority shall establish hearing procedures that conform to this paragraph. (d) Once a dog is classified as a dangerous dog, the animal control authority shall provide written notification to the owner by registered mail, certified hand delivery or service, and the owner may file a written request for a hearing in the county court to appeal the classification within ten (10) business days after receipt of a written determination of dangerous dog classification and must confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. Each applicable local governing authority must establish appeal procedures that conform to this paragraph. (e) The owner of the dangerous dog shall be responsible for payment of all boarding fees if their dog has been impounded during the investigation, hearing or any appeal. (2) Within fourteen (14) days after the dog has been classified as dangerous by the animal control authority or a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a certificate of registration for the dog from the animal control authority serving the area in which he or she resides, that shall include at a minimum, the following information: name, address and telephone number of the dog's owners; the address where the dog is harbored if different from the owner's address; a complete identification of the dog including sex, color and any distinguishing physical characteristics, a color photograph of the dog. The certificate shall be renewed annually. The annual cost for such certificate of registration shall be one hundred Page 12 of 23 AGENDA I 1 E#7H JUNE 10,2013 dollars ($100.00). Animal control authorities are authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least eighteen (18) years of age and who present to the animal control authority sufficient evidence of: (a) A current certificate of rabies vaccination for the dog. (b) A proper enclosure to confine a dangerous dog as defined in Sec 4- 10(4) and the posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property. (c) Permanent identification of the dog, such as an electronic radio frequency identification device (RFID) implantation (microchip). (d) Liability insurance in the amount of at least three hundred thousand dollars ($300,000.00), or a surety bond on said dog of at least three hundred thousand dollars ($300,000.00), which bond shall obligate the owners of any such dog to pay to the City of Atlantic Beach and to any person injured by such dog any damages and expenses incurred as a result of the conduct of such dog or its owners (e) The owner is responsible for payment of all boarding fees during the time it takes to complete these requirements. If the owner does not comply with all requirements of this section {(4-11(2)} within 14 days of the final case disposition, ownership reverts to the City and the dog shall be euthanized in an expeditious and humane manner. Notice of the potential humane destruction of the animal for failure to comply shall be included in the notice of final ruling on the dangerous dog. (f) Proof that the dog has been surgically sterilized by a veterinarian (g) Dogs declared dangerous shall not be allowed in any off-leash dog park within the City of Atlantic Beach. (h) A dangerous dog declaration is permanent and may never be removed from the dog once the determination has been finalized and the time for all appeals has passed or the declaration has been affirmed on appeal. In the event the owner elects to submit proof of the required liability insurance rather than a surety bond, then in that event the owner must also submit proof that the owner has notified its liability insurance company, in writing, that the owner's dog has been classified as dangerous, together with written proof from the insurance company that it has been so notified and that there are no Page 13 of 23 AGENDA ITEM#7H JUNE 10,2013 exceptions or exclusions in the insurance policy for dog bites or dangerous dogs. (3) The owner shall immediately notify the appropriate animal control authority when a dog that has been classified as dangerous: (a) Is loose or unconfined. (b) Has bitten a human being or attacked another animal. (c) Is sold, given away, or dies. (d) Is moved to another address. Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner must comply with all of the requirements of this act and implementing local ordinances, even if the animal is moved from one local jurisdiction to another within the state. The animal control officer must be notified by the owner of a dog classified as dangerous that the dog is in his or her jurisdiction (4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains within his or her sight and only members of the immediate household or persons eighteen (18) years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle. No dangerous dog shall be chained, tethered or otherwise tied to any inanimate object, such as a tree, post or building that is outside its proper enclosure. (5) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt from the provisions of this act when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this and local laws. Dogs that have been classified as dangerous shall not be used for hunting purposes Page 14 of 23 AGENDA ITEM#7H JUNE 10,2013 (6) This section does not apply to dogs used by law enforcement officials for law enforcement work. (7) Any person who violates any provision of this section is guilty of a noncriminal infraction, punishable by a fine of$500.00. (8) After a determination by the City that a dog is a dangerous dog, regardless of whether the owner has requested a hearing before the Special Magistrate or has filed an appeal to the county court, if the owner fails to comply with the requirements of this Chapter after proper notice has been given, then the dog shall be impounded by the City and held pending final determination by the Special Magistrate and subsequent appeal, if any, to the county court. Sec. 4-12.Attack or bite by dangerous dog; penalties; confiscation; destruction. (1) If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in F.S. § 775.082 or 775.083. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten (10) business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This 10-day time period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. Page 15 of 23 AGENDA ITEM#7H JUNE 10,2013 (2) If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for ten (10) business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This ten-day period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. In addition, if the owner of the dog had prior knowledge of the dog's dangerous propensities, yet demonstrated a reckless disregard for such propensities under the circumstances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083. (3) If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in F.S. §§ 775.082, 775.083, or 775.084. In addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for ten (10) business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (4) If the owner files a written appeal under F.S. § 767.12 or this section, the dog must be held and may not be destroyed while the appeal is pending. (5) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner is not guilty of any crime specified under this section. Sec. 4-13.Bite by a police or service dog; exemption from quarantine. Any dog that is owned, or the service of which is employed, by a law enforcement agency, or any dog that is used as a service dog for blind, hearing impaired, or disabled persons, and that bites another animal or human is exempt from any quarantine requirement following such bite if the dog has a current rabies vaccination that was administered by a licensed veterinarian. Sec. 4-14.Severe injury by dog; impoundment; destruction. Whether or not a dog has been previously classified as a dangerous dog, if a dog attacks a human, causing severe injury to or the death of the human, then an animal control officer shall be authorized to immediately impound the dog, placing it in quarantine, or otherwise impounding it for ten (10) business days. Page 16 of 23 AGENDA ITEM#71-1 JUNE 10,2013 Thereafter, the dangerous dog may be destroyed in an expeditious and humane manner. If, prior to the ten-day time period, the owner notifies the animal control authority in writing of the owner's intent to challenge animal control authority's decision to destroy the dog, the animal control authority shall continue to impound the dog so long as the owner either posts bond, or pays by certified check payable to the city the estimated costs associated with impounding the dog, as estimated by the animal control authority. To appeal the animal control authority's final decision, the owner must file a written request for a hearing in the county court within ten (10) business days after the animal control authority's final written decision to destroy the dog. The owner shall be responsible for payment of all boarding costs, medical costs and other fees and charges associated with the animal control maintaining the dog, regardless of the outcome of any proceeding. Exceptions: This section shall not apply to police dogs, and it shall not apply to incidents when the human victim was engaging in criminal behavior, or when the human victim provoked and/or taunted the dog into attacking. Sec. 4-15.Abandoning animals. It shall be unlawful for any person to abandon an animal. For purposes of this section, it shall be considered abandonment if an animal is: (a) Left upon or beside any street, road or other public property, or (b) Left on private property; or (c) If a maimed, sick, infirm or diseased animal is forsaken entirely and left to die. A violation of this Section shall subject the violator to a civil fine of up to $500 per animal. Sec. 4-16 --- 4-23,Reserved.. ARTICLE II. DOGS AND CATS* Sec. 4-24. Running at large. Page 17 of 23 AGENDA ITEM#7H JUNE 10,2013 It shall be unlawful for the owner of any dog or cat to permit or allow the dog or cat to commit a nuisance or to be found running at large on any of the public streets, parks, playgrounds, alleys, beaches or vacant lots in the city and such dog or cat shall be picked up by the city or the designated authorized agent of the city and placed in a shelter for a period of not less than three (3) days nor more than seven (7) days, except the animal may be released sooner upon proper identification and upon the payment of a thirty-dollar fee plus additional twenty five dollars ($25.00) per day for the redemption of said animal. In the event any animal has to be tranquilized with chemical capture equipment, then the redemption fee shall be one hundred dollars ($100.00). If a dangerous dog is impounded for running at large, then the redemption fee shall be one hundred fifty dollars ($150.00), with an additional one hundred-dollar fee if the dangerous dog has to be tranquilized with chemical capture equipment. Sec. 4-25.Leashing. No dog shall be allowed off the property of its owner unless the dog is fastened to a suitable leash of dependable strength not to exceed twelve (12) feet in length. Such leash must be attached to a fixed object or specifically held by a person capable of controlling the animal. On Atlantic Beach if dog and owner are in the Atlantic Ocean together, the dog shall be allowed to swim unleashed and then immediately put back on the leash before returning to the beach. This does not include walking the dog in the water. Sec. 4-26.Damaging property. (a) It shall be unlawful for any person who shall own or be in control or in charge of any dog or cat, to allow or permit the dog or cat to wander or stray upon the property of another and damage the property. (b) If any dog or cat shall wander or stray upon the property of any person within the corporate limits of the city and shall cause damage thereon, proof of the damage and the identity of the dog or cat shall be sufficient to convict the person owning or having charge of or control of the dog or cat violating the terms and provisions of this article. (c) It shall be a violation for any owner of a dog or cat to allow such dog or cat to defecate on any property within the city other than the owner's private property without immediately removing such defecation with some sort of material, utensil, or suitable container and depositing the defecation in a trash container. When walking a dog or cat on any property within the city, other than the owner's property, the owner of that dog or cat shall carry some sort of material, utensil, or suitable container with which to dispose of the defecation. Page 18 of 23 AGENDA ITEM#7H JUNE 10,2013 Sec. 4-27.1.Habitual nuisance. (a) It shall be unlawful for the owner, or any person having temporary custody, of an animal or animals to permit the animal(s), either willfully or through failure to exercise due care or control , to commit a nuisance by running at-large habitually; by chasing or running after vehicles or persons habitually; by trespassing upon public or private school grounds habitually; by trespassing on private property habitually and interfering with the reasonable use and enjoyment of the property; by barking habitually or by making other objectionable animal noises habitually; or by doing any other thing habitually which is so offensive as to create a nuisance. (b) For the purpose of this section, "habitually" means at least two (2) separate occurrences within a time period of no more than one month; except that barking habitually, or making other objectionable animal noises habitually, means making the sound persistently or continuously for at least 30 minutes occurring at least three (3) separate times within a period of no more than 30 days. (c) This barking provision of this section shall not apply a properly permitted animal shelter established for the care and/or placement of unwanted stray animals, nor a properly zoned commercial boarding kennel nor a veterinarian office. (d) Violations of this section shall be punishable by a fine of$250 for a first offense or a$500 fine for a second or subsequent offense within the preceding 36 month period. Sec. 4-28.Neglect; restraint by chaining; animal bites. (a) It shall be unlawful for any person, whether owner, or anyone having charge, custody or control thereof, to fail to provide an animal any one of the following: (1) Clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume; (2) Sufficient, wholesome food; (3) Adequate shelter with sufficient floor, three walls and roof to protect the animal from the weather, extreme temperature and direct sunlight. (4) Sufficient exercise and wholesome exchange of air; (5) Current and active veterinary care/treatment to prevent suffering; (6) Placing or confining an animal or allowing it to be confined Page 19 of 23 AGENDA ITEM#7H JUNE 10,2013 in an unattended vehicle without sufficient ventilation or under such conditions or for such a period of time as may reasonably be expected to endanger the health or well-being of such animal due to heat, lack of water or such circumstances as may be expected to cause suffering, debility or death. (a) A Law Enforcement Officer (LEO) or Animal Control Officer (ACO) who finds an animal in a vehicle in violation of this section may enter the vehicle by using the amount of force necessary to remove the animal. A LEO or ACO who acts in substantial compliance of the provisions of this section shall be immune from civil and criminal liability; and the City shall also be held immune from civil liability. (b) Restraint by chaining may be used provided the following conditions are met: (1) The chain or tether shall not weigh more than one eighth (1/8) of the animal's body weight; (2) The chain or tether shall be at least ten (10) feet in length with swivels on both ends; (3) The chain or tether shall be attached to a properly fitted collar or harness worn by the animal; and (4) The animal, while restrained by chain or tether, is able to access shelter with sufficient floor, three (3) walls, and roof to protect the animal from the weather, extreme temperatures and direct sunlight; and is able to access sufficient water and sufficient wholesome food. (5) Animal Control Officers are authorized to remove and impound dangerous dogs and/or dogs posing a threat to public safety from tethers where the animal is accessible by children or the public without a secured fence or enclosure. Boarding fees will be the responsibility of the owner of the impounded dog. (c) No owner of any animal shall permit the animal, either willfully or through failure to exercise due care or control, to destroy or damage the property of another including, but not limited to, the unprovoked biting, attacking, or wounding of another person's animal. No owner of any animal shall permit the animal, either willfully or through failure to exercise due care or control, to bite attack or wound a human. (d) A violation of this section is punishable by a fine of $100 for an initial violation; $250 for the second violation within the preceding 36 months and $500 for a third or subsequent violation within the preceding 36 months. Page 20 of 23 AGENDA ITEM#7H JUNE 10,2013 Exemption: the provisions of this section do not apply to police dogs Sec. 4-29.Rabies Vaccinations. (a) The owner of every dog, cat or ferret four months of age or older shall have it vaccinated against rabies by a veterinarian. Said owner said obtain and maintain, on an annual basis or duration of the valid vaccination, proof, from the veterinarian who administered it, of a current rabies vaccination. If a veterinarian administers a vaccination licensed by the United States Department of Agriculture that is approved for three-year duration of immunity, a dog or cat may be vaccinated at 3 to four months of age with a booster at one year and every three years thereafter. (1) A dog cat or ferret is exempt from rabies vaccinations if a veterinarian has examined the animal and has certified in writing that vaccinating the animal at that time would endanger the animal's health because of its age, infirmity, disability, illness or other medical considerations. An exemption under this provision that extends beyond 12 months must be renewed annually through submission of a new exemption letter. No exemption letter shall be deemed valid after one year from the date it was written. (b) In order to protect the public's health and safety, no person shall be the owner of or have as a pet or harbor within the City a known or potential rabies vector or high risk animal that cannot be immunized against rabies including, but not limited to, fox, raccoon, skunk, bat and bobcat. (c) Suspected rabies cases will be handled according to the Health Code as established by the State Department of Environmental Health (authorized by F.S. § 381.006). Sec. 4-30.Citations authorized; penalties provided. (a) The city animal control officer or his designee as approved by the city manager shall have the authority to issue citations to those people whose pets are found to be in violation of this article and sections herein. (b) Violations of this article shall be punishable by fines as follows: General: Violations of the provisions of Chapter 4, of the Atlantic Beach City Code are hereby declared to be civil infractions for which there may be imposed by the county court a maximum fine not to exceed five hundred dollars ($500.00). Unless cited for a violation for which court appearance is mandatory, anyone cited with a violation of this chapter may pay a fine as contained within the actual section or, if no fine is listed, as specified below in lieu of appearing in county court. The fine specified shall be paid within the time specified below. Page 21 of 23 AGENDA ITEM#71-I JUNE 10,2013 If a person fails to pay the civil fine within the time prescribed on the citation or fails to obtain a court date, or having obtained a court date, fails to appear in court to contest the citation, then the person shall be deemed to have waived the right to contest the citation. In such cases, final judgment may be entered against the person in the maximum civil fine ($500.00) allowed, which shall be payable within sixty (60) days from the date of execution of the final judgment. Alternatively, the court may issue an order to show cause, requiring the person to appear before the court to explain why action on the citation has not been taken. If any person who is issued such an order fails to appear in response to the court's directive, that person may be held in contempt of court in addition to having to pay the civil fine, court costs, and restitution, as applicable. (1) First offense: (The current offense is "first" offense if there have been no other citations in the preceding thirty-six (36) months.) Fifty dollars ($50.00); if not paid within fourteen (14) calendar days, the fine goes to seventy five ($75.00); (2) Second offense: (The current offense is a second offense if there has been only one (1) previous citation within the preceding thirty-six (36) months.) One hundred and fifty dollars ($150.00); if not paid within fourteen (14) calendar days, the fine goes to one hundred fifty dollars ($250.00); (3) Third offense: (The current offense is a third offense if there has been two (2) previous citations within the preceding thirty-six (36) months.) Two hundred fifty ($250.00); if not paid in fourteen (14) calendar days, fine goes to five hundred dollars ($500.00). (4) Fourth and subsequent offenses: (The current offense is a fourth or subsequent offense if there have been three (3) or more previous citations within the preceding thirty-six 36 months.) Five hundred dollars ($500) and a mandatory court appearance. For citations involving a mandatory court appearance, the citation shall specify that the court appearance is mandatory. If a person so cited fails to appear within the time prescribed in the citation to obtain a court date or having a court date, fails to appear in court, a default judgment may be enteredagainst the person in the maximum civil fine payable within sixty (60) days from the date of execution of the final judgment. (5) Anyone cited with a violation of this article who pays the required fines and then goes three (3) years with no offenses shall return to the status of having no prior offenses for the purposes of this section. (6) An additional fine of one hundred dollars ($100.00) for any violation involving a dog or cat in heat. Page 22 of 23 AGENDA ITEM#7H JUNE 10,2013 (c) A five-dollar surcharge shall be assessed and collected upon each civil penalty imposed for violation of an ordinance relating to animal control or cruelty as authorized by F.S. § 828.27. The proceeds from such surcharge shall be used only to assist in paying for the costs of training for animal control officers in accordance with the requirements of F.S. § 828.27. Said civil penalty shall be paid to the City of Atlantic Beach. (d) The animal control officer shall have the authority to cite the owner or any person having custody of an animal for a violation of this article when and only when: (1) The officer has received from an adult witness a sworn affidavit attesting to the animal having committed a violation pursuant to this article; or (2) The animal control officer or other person duly authorized to enforce the provisions of this chapter has witnessed the commission of a violation under this article." SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 2013. PASSED by the City Commission on second and final reading this day of ,2013. ATTEST: Donna L. Bartle, City Clerk Mike Borno, Mayor Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Page 23 of 23 AGENDA ITEM#71 JUNE 10,2013 ORDINANCE NO. 5-13-59 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ART. V BOARDS AND COMMISSIONS, DIV. 2 CODE ENFORCEMENT BOARD, TO PROVIDE FOR JURISDICTION OF A SPECIAL MAGISTRATE FOR DANGEROUS DOG HEARINGS,AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1. Section 2-146 (a)(1)of The Code of Ordinances of the City of Atlantic Beach,Florida,is hereby amended to read as follows: "Sec. 2-146. Jurisdiction. (a)(1) City of Atlantic Beach Code of Ordinances, per Chapter 162, Florida Statutes, except as provided in Sec. 146.1 below." SECTION 2. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Section 146.1, which section shall read as follows: "Sec. 2-146.1. Jurisdiction of special magistrate. (a) A special magistrate or special magistrates shall be appointed and removed by the city manager subject to the approval of the commission and shall have the jurisdiction and authority to hear and decide alleged violations of the Sec 4-10. Dangerous dogs, Sec. 4-11. Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts. Appointment of the special magistrate shall be made on the basis of experience and interest in the subject matter. A special magistrate must be a member in good standing of the Florida Bar. (b) The special magistrate shall receive such compensation as determined by the commission. (c) The special magistrate shall have the power to: (1) Adopt rules for the conduct of the hearings. (2) Subpoena alleged violators and witnesses to hearings. (3) Subpoena evidence. (4) Take testimony under oath. (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. AGENDA ITEM#71 JUNE 10,2013 (d) The special magistrate may impose fines to cover all costs incurred by the City in enforcing its codes. Criteria that the special magistrate may consider include but is not limited to the following: (1) The gravity of the incident giving rise to the Dangerous Dog Declaration. (2) Any previous animal control violations. (3) Any actions taken by the dog owner to prevent or correct aggressive behavior. (4) The complexity and resources required to complete the investigation. (5) The cost and outcome of the hearing." SECTION 3. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 10th day of June 2013. PASSED by the City Commission on second and final reading this day of 2013. ATTEST: Donna L. Bartle, CMC Mike Borno City Clerk Mayor Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Ordinance No. 5-13-59 Page 2 of 2 AGENDA ITEM#7J JUNE 10,2013 ORDINANCE NO. 75-13-18 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES, TO ADD ARTICLE V, VEHICLES FOR HIRE, TO INCLUDE DEFINITIONS, CLASSIFICATIONS, MANNER OF ADVERTISING, PRINTED MATTER ON A VEHICLE, INSPECTION, EQUIPMENT AND SAFETY REQUIREMENTS, METERS REQUIRED, DRIVERS, ENGAGING IN CRIMINAL ACTIVITY, SCHEDULE OF RATES, CHARGING IN EXCESS, RATES NOT TO BE CHARGED, CITATIONS AUTHORIZED AND PENALTIES PROVIDED, AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new article to Chapter 21, which article shall read as follows: "ARTICLE V.VEHICLES FOR HIRE Sec.21-75. Definitions. Whenever used in this article, the following words and terms shall have the following meanings: Driver includes every individual operating a vehicle for hire either as owner, agent, employee, or otherwise pursuant to a local business tax receipt issued as herein provided. Vehicle for hire shall mean all motorized vehicles defined and classified in section. Street shall mean and include all public streets, avenues, boulevards, alleys, lanes, highways, sidewalks, public parks, parking roads, and other public places laid out for the use of vehicles. Taximeter shall mean a mechanical or electronic device which calculates and displays a predetermined rate and indicates the charge for hire of a taxicab and which also records and indicates a fare, rate or charge based on waiting time, extra passengers, initial charge and other fares, rates or charges. Transport shall mean to operate or cruise over the streets of the city and its adjacent territory for the purpose of moving passengers or goods from one point to another. Sec. 21-76. Classificationof vehicles for hire. For the purpose of construing and applying the terms of this chapter all motorized vehicles which operate over and upon the streets and driveways of the city for the AGENDA ITEM#7J JUNE 10,2013 transportation of person(s)for compensation shall be classified and defined as follows: (a) Bus. Any bus, omnibus or other vehicle designed and constructed to comfortably transport seven (7) or more persons, which is not used for regularly conducted amusement rides or sight-seeing tours, and is not operated by another governmental agency. (b) Cruising car. Any vehicle for hire based upon a pre-established schedule of flat charges rather than by taximeter calculation, with an open touring or sedan body, designed and constructed to comfortably transport not more than six(6)persons, including the driver. (c) Limousine. A vehicle for hire only by prearrangement at a rate charged per hour, or fixed in advance, and is a chauffeured, luxury class passenger vehicle that is built or modified for the purpose as a limousine. (d) Sightseeing cars. A vehicle for hire designed and constructed to seat seven (7) or more persons used in regularly conducted sightseeing trips, which originate from and terminate at a single specified point, the destination or route of which is not under the direction of the passenger or passengers transported therein; which is not used as a means of local transportation within the city; and which neither receives nor discharges passengers along its routes. (e) Taxicabs. Any vehicle which is rented from a stand in the street or from a private station or garage, the destination and route of which is under the direction of the passenger or passengers transported therein, and fitted with a taximeter or other mechanical device by which the charge for hire is mechanically calculated by measuring and recording either the distance traveled with such vehicle or the waiting time or both. (f) Van. Any vehicle recognized as either a full-size passenger van or a passenger vehicle on a van or truck chassis. The term shall not include a cargo or panel van. Sec. 21-77. Manner of advertising No driver of a vehicle for hire shall be permitted to advertise such business before the public under any other name or names than the specified name or names recited in the particular business tax receipt under which such holder is authorized to engage in the business of the transportation of person(s) for compensation. Sec. 21-78. Printed matter appearing on a vehicle for hire, (except limousines); certain information required; advertising regulated. (a) The name of the company or firm operating a vehicle for hire shall be permanently displayed on both the right and left sides and the rear of the Ordinance No. 75-13-18 Page 2 of 5 AGENDA ITEM#7J JUNE 10,2013 vehicle so that the name shall be plainly visible, with lettering at least four (4)inches in height, and made to reflect lights shined on them in the dark. (b) Each vehicle for hire shall have attached to the outside left rear portion of the vehicle the numbered medallion issued by the City of Jacksonville. (c) Advertising matter on vehicles for hire shall be attached to the vehicle so that no portion extends below the bumper or beyond either side, and so as not to interfere in any manner with full vision through the rear window of the vehicle. Sec. 21-79. Inspection of vehicles. It shall be the duty of every driver to subject the vehicle to a complete and thorough inspection as required by the City of Jacksonville. Written certification of such inspection shall be maintained in the vehicle while operating in the City of Atlantic Beach. Sec. 21-80. Equipment and safety requirements for vehicles for hire. All vehicles in service as vehicles for hire shall have the following equipment on each vehicle,which equipment shall be maintained in good working condition (a) Front and rear lights meeting state standards and a dashboard light that will indicate when any of the vehicle's doors are not securely closed; (b) Adequate brakes on all wheels; (c) Tires of the quality of original equipment as specified by the manufacturer, or better; (d) Speedometer in good working order; (e) Leather, vinyl, or some similar nonabsorbent fabric upholstery which can be easily cleaned and shall be free of tears and cuts; (f) Seatbelts for the driver and all passengers; (g) An unexpired A, B, C type fire extinguisher (minimum size of 2.5 lbs); (h) Adequate heater and air conditioner; (i) All seats in a shuttle vehicle shall be factory installed only; (j) Except for limousines, there shall be no shades, blinds or curtains between the rear seat or seats and the driver's seat, nor shall any shades, blinds or curtains shield the occupants or the for-hire driver from observation or obstruct the view through the rear window. All vehicles for hire shall be maintained in a clean, well-painted manner so as to provide a generally good appearance. It shall be unlawful to operate any vehicle as a vehicle for Ordinance No. 75-13-18 Page 3 of 5 AGENDA ITEM#7J JUNE 10,2013 hire which does not comply with the provisions of this section. Sec.21-81. Meters required for taxicabs. (a) Every taxicab operating as a metered taxicab shall have affixed thereto, in operating condition, a taximeter. (b) The face of every taximeter shall be visible from the passenger compartment of every taxicab at all times and, after sundown, shall be illuminated by a suitable light so arranged as to throw a continuous steady light thereon. (c) No taxicab shall be permitted to operate as both a metered and non- metered (zone rate) vehicle. Each vehicle shall be identified in a manner to designate its status as a metered or non-metered vehicle. Sec. 21-82. Drivers of vehicles for hire. Unless otherwise enumerated in this ordinance all drivers of vehicles for hire, while operating in the City of Atlantic Beach, will adhere to the for "For-Hire Drivers" of Duval County, as set forth in the Code of Ordinances, City of Jacksonville, Chapter 220. Sec. 21-83. Engaging in criminal activity. Engaging in criminal activity while operating a vehicle for hire within the City of Atlantic Beach may result, in addition to any charges under Florida State Statute, in civil fines as contained within Sec. 21-85 below. These activities include, but are not limited to the following: (a) Transporting passengers for the purpose of engaging in narcotic or prostitution activity; (b) Allowing narcotic or prostitution activity to occur inside the vehicle for hire. Sec. 21-84. Rates and charges. (a) Schedule of rates to be posted. There shall be posted in every vehicle for which a local business tax receipt is issued under this article, and in full view of the passengers in plain conspicuous letters, a schedule of rates, charges and fares which shall be binding upon the operator of the vehicle and any collection of rates, fares or charges, in excess thereof shall constitute a misdemeanor. (b) Charging rates in excess of posted rates. No driver of a vehicle for hire shall charge or demand from any customer any sum of money in excess of those rates or charges posted in such vehicle. (c) When rates not to be charged. No charge shall be made for time lost or distance traveled while a vehicle for hire is disabled. No charge shall be made for traveling empty while en route to pick up a passenger unless the person requesting the vehicle for hire refuses to hire it after it arrives, in which case a charge equal to the minimum rate under the schedule filed by the owner pursuant to this Subpart for the distance traveled empty may be collected. Ordinance No. 75-13-18 Page 4 of 5 AGENDA ITEM#7J JUNE 10,2013 Sec. 21-85. Citations authorized; penalties provided Violations of this chapter shall be punishable by fines as follows: (a) First offense: (The current offense is the first offense if there have been no other citations within the preceding twelve (12) months.) One hundred dollars ($100.00); however, if not paid within fourteen (14) calendar days, the fine increases to one hundred and fifty dollars ($150.00); (b) Second offense; (The current offense is a second offense if there has been only one (1) previous citation within the preceding twelve (12) months.) Two hundred and fifty dollars ($250.00); however, if not paid within fourteen (14) calendar days, the fine increases to three hundred dollars ($300.00); (c) Third and subsequent offenses: (The current offense is a third or subsequent offense if there have been two or more previous citations within the preceding twelve (12) months.) Five hundred dollars ($500.00). If not paid within fourteen (14) calendar days, then the right to operate within the City of Atlantic Beach shall be suspended until the fine is paid or thirty (30) days, whichever is later." SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of 2013. PASSED by the City Commission on second and final reading this day of ,2013. ATTEST: Donna L. Bartle, CMC Mike Borno City Clerk Mayor Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Ordinance No. 75-13-18 Page 5 of 5 AGENDA ITEM#8A JUNE 10,2013 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA: Authorize the City Manager to enter into an agreement with Beaches Habitat for the renovation and use of Jordan Park Community Center DATE: May 17, 2013 SUBMITTED BY: Timmy Johnson SRATEGIC PLAN LINK: None BACKGROUND: Beaches Habitat currently has an agreement with the City to run its organization from the Jordan Park Community Center. Recently, Beaches Habitat opened a new facility for its administrative offices, but would like to keep the education staff at the Jordan Center. Because of this change, Habitat is requesting to renovate the Jordan Center, which will enhance the after-school program. Renovations include a larger kitchen with new appliances, new flooring, a larger conference area, a drop ceiling in the main center, painting and furniture. The renovations cost is estimated at $50,000, which Beaches Habitat will fund. Beaches Habitat is also requesting to enter into another agreement which will allow use of the Jordan Park Center for its education staff and construction meetings. BUDGET: Beaches Habitat will budget funds to renovate the Jordan Park Community Center RECOMMENDATIONS: Authorize the City Manager to sign the agreement with Beaches Habitat for the renovation and use of Jordan Park Community Center ATTACHMENTS: Agreement REVIEWED BY CITY MANAGER: AGENDA ITEM#8A JUNE I0,2013 AGREEMENT AGREEMENT made and entered into this day of , 2013, by and between the CITY OF ATLANTIC BEACH, FLORIDA, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and BEACHES HABITAT FOR HUMANITY, INC., a Florida non-profit corporation, 1671 Francis Avenue, Atlantic Beach, Florida 32233 (hereinafter"Habitat"). WHEREAS, the parties have entered into several prior agreements regarding the construction and use of the Jordan Park Community Center (hereinafter "JPCC") located at 1671 Francis Avenue, Atlantic Beach,Florida 32233, and WHEREAS, the City and Habitat have jointly occupied JPCC over the years under various agreements regarding the use of said facility and the programs conducted therein, and there existed what were commonly called the City side and the Habitat side of the building,and WHEREAS,Habitat has opened new administrative offices resulting in the need for less space at JPCC and desires to expand JPCC to expand the after school and education center programs focusing on City residents and Habitat homeowners located in Atlantic Beach, and also desires to continue a long term relationship with the City to support the operation of these programs at JPCC, and WHEREAS, Habitat will continue to assist in the operation of after school, summer and other educational programs in cooperation with,and under the general supervision of,the City,and WHEREAS,the City will continue to provide space in JPCC for Habitat educational personnel and meetings for Habitat volunteers and collegiate challenge program participants during the eight (8)week spring collegiate challenge program, and WHEREAS, the parties are in full agreement regarding all terms and provisions set forth below. NOW THEREFORE, in consideration of the mutual covenants and promises as set forth herein, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties,it is therefore AGREED AS FOLLOWS: 1. Habitat shall renovate JPCC to include the changes set forth on the attached architectural renderings and in accordance with approved plans, as follows: (a) Habitat will spend approximately$50,000.00 to complete said renovations. (b) The renovations shall include a"drop ceiling"in the large community of JPCC to reduce noise during tutoring. (c) New flooring material shall be installed to keep JPCC cleaner. AGENDA ITEM#8A JUNE 10,2013 (d) The interior of JPCC shall be completely repainted. (e) Furniture required to accommodate existing and any new programs will be provided. (f) A larger kitchen with new appliances will be provided. 2. Habitat shall obtain all required building and related permits from the City and any other local or state agencies in connection with the renovation of JPCC. Habitat shall be solely responsible for any and all required insurance coverage during said renovations, including, but not limited to, workers' compensation, if applicable, and shall indemnify and hold the City harmless from any claims in connection with the construction activities related to renovations of JPCC. 3. Habitat shall be solely responsible for the safety of the premises during the construction and renovations to JPCC and shall indemnify and hold the City harmless from any claims in connection therewith. 4. The City shall continue to support its programs, including after school programs, for a period of at least ten(10)years from the date hereof. 5. The parties shall have regularly scheduled meetings, at least once a month, to coordinate plans and programs to insure the best possible integration of activities and programs for the benefit of the entire community. Representatives of both parties shall attend all meetings as requested and required. 6. The parties shall cooperate fully with each other so that all adults at JPCC, including volunteer workers, undergo background checks as recommended by the Atlantic Beach Police Department. 7. In regard to the ongoing activities and use of JPCC: (a) The City shall continue to pay for all utilities,cleaning and maintenance of the premises. (b) The City shall schedule all events at JPCC. Habitat shall have the right to use JPCC for morning meetings with that day's volunteer workers, as well as schedule JPCC during the eight(8)week collegiate challenge program in the spring. (c) The City and the Habitat sides of the building will no longer exist. The entire facility is now dedicated to educational and after school programs. The City shall keep three (3) existing offices available for Habitat educational personnel to be located in JPCC and no rent shall be charged for these three offices or for other Habitat functions described herein 8. This Agreement supersedes all prior agreements entered into between the parties and all such agreements shall deemed null and void and of no further force or effect upon execution by all parties of this Agreement. 2 AGENDA ITEM#8A JUNE 10,2013 9. No-modification, amendment, or alteration of the terms or conditions of this Agreement shall be effective unless contained in a written document executed by the parties hereto. 10. All notices, demands, or other writings required to be sent as a result of this Agreement, shall be deemed to have been fully sent when in writing and addressed as follows. City of Atlantic Beach Beaches Habitat For Humanity,Inc. City Manager President 800 Seminole Road 1761 Francis Avenue Atlantic Beach,FL 32233-5800 Atlantic Beach,FL 32233 All notices required, or which may be given hereunder, shall be considered properly given if(1) personally delivered, or (2) sent by certified United States mail, return receipt requested. The effective date of such notices shall be date personally delivered or, if sent by mail, the date of the postmark. 11. This Agreement shall be construed under and controlled by the laws of the State of Florida. IN WITNESS WHEREOF,the parties hereto have set their hands and seals as of the date first above written. CITY OF ATLANTIC BEACH BEACHES HABITAT FOR HUMANITY,INC. By By James R. Hanson, City Manager Its "CITY" "HABITAT" APPROVED AS TO FORM AND CORRECTNESS: Alan C. Jensen,Esquire City Attorney 3 AGENDA ITEM#8B JUNE 10,2013 MINUTES Board Member Review Committee Meeting May 15,2013 Call to order The meeting was called to order by Commissioner Jonathan Daugherty at 5:04 pm. Those in attendance were Commissioner Jonathan Daugherty (Chairman), Members Jerry Johnson, Rita Pierce and Solomon Brotman, Cultural Arts and Recreation Advisory Committee Vice Chair Lynne Roskein, City Clerk Donna Bartle, and Recreation Programs and Special Events Director Timmy Johnson. 1. Approval of the minutes of the BMRC meeting of January 24, 2013. Motion: Approve minutes of the Board Member Review Committee meeting of January 24, 2013. Moved by Brotman, seconded by Johnson Motion carried unanimously City Clerk Donna Bartle explained there are four vacancies to address on the Cultural Arts and Recreation Advisory Committee. 2. Interview the new candidates (listed below). New candidates: A. Louis Catania B. Linda Lanier C. Paula Thompson The Committee interviewed Mr. Louis Catania and Ms. Paula Thompson separately. Ms. Linda Lanier did not show up for her interview so Commissioner Daugherty called her during the meeting. He reported to the Committee that she had the interview down for the following Thursday. The purpose of the interview and an overview of the duties and responsibilities of the Cultural Arts and Recreation Advisory Committee were explained the candidates. Both candidates explained their personal accomplishments, experience, goals and interests in the community. The Committee offered the opportunity to ask questions and the Committee responded to those questions. Between interviews,the Committee took items out of sequence, discussed the current members and made recommendations for reappointment. 3. Review current members on the Cultural Arts and Recreation Advisory Committee whose terms expire on 7/8/2013 and are interested in reappointment. A. Wanda Wilson Martin B. Jeff Wight C. Lori Gaglione Motion: Recommend reappointing Wanda Wilson Martin,Jeff Wight and Lori Gaglione to serve an additional term on the Cultural Arts and Recreation Advisory Committee beginning July 9, 2013. Moved by Roskein, seconded by Johnson Motion carried unanimously AGENDA ITEM#8B JUNE 10,2013 4. Discuss the new candidates and the current members who are interested in reappointment and make a recommendation. After the interviews were completed, the Committee discussed the two candidates interviewed. The Committee expressed a desire to recommend both candidates, but only one vacancy remained so they made the following motions. Motion: Recommend appointing Louis Catania as a new member to the Cultural Arts and Recreation Advisory Committee to immediately fill Jay Shoot's unexpired term ending July 8, 2014. Moved by Brotman, seconded by Johnson Motion carried unanimously Motion: Recommend appointing Paula Thompson as a new member to the Cultural Arts and Recreation Advisory Committee for the next available vacancy even if new applications are submitted for consideration, as long as the applicant remains eligible. Moved by Brotman, seconded by Daugherty Motion carried unanimously 5. Other Business City Clerk Bartle explained the next meeting should be held in July to address membership on the Code Enforcement Board since terms are expiring September 30, 2013. She stated she would send an email to everyone with the proposed dates. Adjournment There being no other business,the meeting adjourned at 6:19 pm. Jonathan Daugherty Chairman Draft Minutes of the Board Member Review Committee Meeting on May 15, 2013 Page 2 of 2 AGENDA ITEM#8B JUNE 10,2013 CITY OF ATLANTIC BEACH BOARD/COMMITTEE MEMBER APPLICATION FORM Received Please check(1)the box beside each Board or Corn tha}you are applying to serve on. If you check more than one,please rank your interest in each board/committee`6y order of priority. DEC 2 0 2012 (A summary of each board/committee is available on page 2 of this form.) 2 Code Enforcement Board s Community Devel%iii811 'p1 Pension Board of Trustees Board Member Review Committee 1 Cultural Arts and Recreation Advisory Cittee'y Clerk DATE: 12/19/2012 APPLICANT'S NAME: Louis J. Catania ADDRESS: 2279 Seminole Road #4, Atlantic Beach, FL 32233 DAYTIME PHONE: 904 616-7800 EVENING PHONE: 904 616-7800 E-MAIL ADDRESS: Icatania @bellsouth.net FAX: Please explain any employment experience,board/committee experience,and/or community volunteer experience relative to the board/committee applying for. I have resided in Atlantic Beach for 19 years. My professional career included 44 years as a health care professional, health care administrator, author, researcher, educator and international lecturer. While living in NY and PA, I served and volunteered on health, recreational, political and cultural boards. I have recently semi-retired (contnue to consult) and having a deep respect and fondness for our wonderful community of AB and in graliluue for my good life, l would tike to `give back" in some way. Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons for wishing to be appointed to this board/committee. I believe my professional and volunteer service experience would be directly applicable to the Boards I have identified. Also, I feel my interest in outdoor activities, physical fitness, athletics, education (I am a volunteer professor at UNF) and my love of the arts might qualify me for a variety of potential COAB needs. Please return completed form to Donna L. Bartle,City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 PLEASE NOTE: Members of the Code Enforcement Board, Community Development Board and Pension Board of Trustees are required to file Statement of Financial Interest Forms. Also, information regarding"Conflict of Interest" is provided on page two of this application. This application will expire two(2)years after date of submittal. 1