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Amended Agenda Packet 9-9-13 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING September 9, 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 August 12, 2013. B. Approve the minutes of the Special Workshop of July 22, 2013. C. Approve the minutes of the Special Called Commission Meeting of July 22, 2013. D. Approve the minutes of the Commission Workshop of July 22, 2013. E. Approve the minutes of the Budget Workshop for August 1, 2013. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report, Building Department Monthly Activity Report, List of New Business Taxes and Utility Sales Report for July. B. Police Semi-annual Report. C. Award a contract to Gruhn May, Inc. for Pine St. and Wonderwood Rd. Water Main Replacement and Mayport Rd. Valve Addition, Bid No. 1213-02, in the amount of $122,765.70 and authorize the City Manager to sign the contract. In addition, authorize staff to encumber funds in the amount of$13,000 for contingency. D. Approve the extension of the Electrical Troubleshooting and Repair contract for one additional year to Limbaugh Electrical Contracting, Inc. at the contract prices effective November 1, 2013 —Bid No. 0910-16. E. Award the Janitorial Service Contract for City Facilities to Supreme Janitorial Service in the amount of $50,796.00 for a one (1) year contract to expire on September 30, 2014—Bid No.1213-06. F. Reject all bids for Concrete Repairs for Public Works/Utilities Department (Bid No. 1213-08). G. Declare the list of property as surplus so that the items may be disposed of in the most beneficial way. H. Authorize the City Manager to sign contracts with Atlantic Beach Athletic Association, yoga instructor Linda White and tennis professional Brecht Catalan. 5. Committee Reports None. 1 6. Action on Resolutions None. 7. Action on Ordinances A. Public Hearing on adopting a Tentative Millage Rate and adopting Ordinance #20-13-125 establishing the Operating Budget for fiscal year 2013/2014. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014. B. ORDINANCE NO. 75-13-19,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES ARTICLE II STOPPING, STANDING AND PARKING TO RENAME PARKING MORE THAN SEVENTY- TWO HOURS PROHIBITED TO PARKING IN THE RIGHT OF WAY WITH REVISED REQUIREMENTS AND TO PROVIDE A FINE STRUCTURE FOR VIOLATING THAT SECTION AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business A. Public Hearing - Appeal on Community Development Board decision to allow construction of a fence exceeding four (4) feet in height with ten (10) feet of property line at 298 Pine Street. (City Manager) B. Public Hearing - Request for Waiver to allow two cupolas at 42 feet 1.5 inches and a tower lantern cupola at 38 feet 5 inches as shown in the submitted rendering. C. Agreement with St. Johns River Water Management District for Construction of Reclaimed Water Facilities. (City Manager) D. Renewal of City Property and Casual Insurance. (City Manager) E. Proposed Ordinance for Florida Friendly Fertilizer Use. (City Manager) *F. Briefing by Fleet Landing representatives on proposed resolution authorizing financing. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and/or requests from City Commissioners and City Attorney A. Discussion and Recommendations for the Process and Procedure of Commission Evaluation of City Manager/City Clerk/City Attorney. (Commissioner Beckenbach) B. Board Member Review Committee Recommendations for Appointments to the Code Enforcement Board. (Commissioner Daugherty) C. Reconsideration of Ordinance 5-13-30 to dissolve the Code Enforcement Board and authorize creation of one or more special magistrates. (Commissioner Daugherty) D. Continued Discussion as to the Potential Renovation and Additions to the Present COAB Police Station. (Commissioner Beckenbach) E. Explanation as to which recommendations from Marc Hudson are being considered for the Conservation Easement for Selva Marina Country Club. (Commissioner Beckenbach) 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 2 evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday, September 6, 2013. * Item 8F added on 9/3/13. 3 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 August 12,2013 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tern Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach City Clerk Donna 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. Mayor Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. Approve the minutes of the Regular Commission Meeting of July 8, 2013. B. Approve the minutes of the Special Called Commission Meeting of June 24, 2013. C. Approve the minutes of the Commission Workshop of June 24, 2013. D. Approve the minutes of the Town Hall Meeting of July 13, 2013. Mayor Borno asked if there were any corrections to the above minutes. There were none so 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. Molly Austin, 27 Edgar Street, addressed the business corridor asking that they please not restrict it. She spoke in favor of the electric car business stating it is clean, green and exactly what we need here in Atlantic Beach. Karen Kempf, 1501 Challenger Court West, addressed the agenda item on performance evaluations for the City Manager, City Clerk and City Attorney. She stated comparing the process of business management and military evaluations to public management evaluations is not a parallel process. She stated City government and policy evaluations are a public affair. She stated she believes the intention of the Florida Sunshine Law is not to move evaluations to private conversations, shade or executive committee meetings to keep this information out of public record or scrutiny. She stated she believes the intention is to open up the dialogue and include the public in its deliberation and thought process. She requested that the Commission consider the use of a standardized form for evaluation by all Commissioners and Mayor and to have open and public discussion evaluations for the three positions that report directly to the Commission. Lenny Jevic, 239 Seminole Rd., thanked Commissioners Woods and Mark for their immediate reply to his email concern and Mayor Borno and Commissioner Beckenbach for also contacting him. He expressed his concern for the aesthetics of vehicles parked on the right-of-way on Seminole Road. He stated he is also concerned about the safety issues created by allowing vehicles to be parked in the 100-300 blocks of Seminole right-of-ways. He stated they need a solution to the problem on Seminole Road, not only to improve the aesthetics but to keep the citizens who live on or are regularly travelling in the area safe. He August 12,2013 REGULAR COMMISSION MEETING Page 2 asked the Commission to either have no parking signs installed on Seminole Road right-of-ways or adopt a very good proposal from Rick Carper that works for everyone, beautifies the City and allows for parking in designated areas and ultimately keeps the citizens' safety as the main focus. He asked that they remember that school starts next week and there will be many children walking in this area; please keep them safe. Linda Almeida, 282 Magnolia Street, addressed the rules on boat and recreational vehicle parking. She stated she agrees they all have rights on their properties but when the rights on the properties then invade her rights and the value of her property she has to take a hard stand. She stated they should keep the codes they have and if they need a Magistrate to be the bad guy, she would like that. Donna Mount, 231 Seminole Rd., addressed the issue of parking on the right-of-way on Seminole Road. She stated if they put signs in the right-of-ways they get removed, yet there is permanent parking on right-of- ways that nothing is being done about. Tatyana Schlenoff, 1094 Stock Street, addressed Rose Park, stating she and her children are looking forward to the improvements to the playground equipment and the park. She stated they need fresh air and sunshine for their children in a safe environment. Sheri Lawhun, 190 Seminole Rd. spoke on the right-of-way issue on Seminole Road. She stated she is in favor of the beautification of the right-of-way and the no parking and no political signs on the right-of-way. She stated that Commissioner Woods,who is running for Mayor,parked her electric car not only on the right- of-way but also had her political signs all over the right-of-way. She stated you can't be a hypocrite and if they have to follow the rules, she has to follow the rules. She distributed pictures to the Commission of Commissioner's Woods car parked on the right-of-way. Commissioner Woods explained it was her mother's 91st birthday party and thanked her for the picture. William Harper, 51 Saratoga Circle N., spoke about the ditch that runs behind his house stating FDOT is responsible for his ditch but it has been neglected for decades. He stated he lives on the wrong side of the ditch and Atlantic Beach does not take care of this side of the ditch. He stated Atlantic Beach takes care of the other side where Aquatic Gardens is and they do a fairly good job. He stated he has complained to FDOT and they sent someone out about six weeks ago and they cleared out some of the vines but his concern is the erosion from the rain. He stated they tell him he has lost about 5 ft of his property along the back. He stated he has tried to get FDOT to put in some kind of bulkhead along the ditch to stop the erosion because he is losing his yard. He stated his new foundation is also cracking. He asked whether it was Atlantic Beach or FDOT who dug out the ditch about two years ago. He understands it had to be done because of the flooding but he believes it should have been explained to whoever did it that they didn't need to dig out on his side and take away the land that is supposed to be part of his house. He stated he has spoken to Rick Carper and the Atlantic Beach side is taken care of but his side is not. He stated Mr. Carper is not responsible for his side. Mayor Borno stated they would look into it and get back to him as soon as they can get some contacts and more information. Donna Mount, 231 Seminole Rd., stated she read in the Beaches Leader that they are going to monitor the cars parked in the right-of-way on Seminole Road and asked Chief Classey how they will be monitored. Mayor Borno stated that is an issue they are working on and they will make a decision as to what they are going to do. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. August 12,2013 REGULAR COMMISSION MEETING Page 3 3. Unfinished Business from Previous Meeting A. City Manager's Follow-up Report. City Manager Hanson reported on questions raised at the last workshop pertaining to parking restrictions for boats and trailers. He explained they agreed to get input from the Commissioners as to what items they may want to see the Community Development Board consider and get a survey of what the surrounding jurisdictions require for boat parking in the front yard. He stated the input received from the Commissioners for the Community Development Board to look at included the boats and trailers in the front yard and eliminating the current 15 ft. setback and instead have a requirement that states you can only put them on private property but no closer than 15 feet to the paved road. He stated two other subjects proposed were zoning for businesses and what could be done through the zoning to encourage businesses, and strengthening the City's tree ordinance to limit the loss of the tree canopy through development. He further explained the setbacks for boat parking in the front yard of the surrounding jurisdictions, as indicated in his staff report. He also reported the City was notified that we are getting a grant for the construction of the reuse facility for the country club in the new development. He stated the St. Johns Water Management District will provide 40%or$442,000 and they hope to have the grant agreement on the next agenda for approval. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report, Building Department Monthly Activity Report, List of New Business Taxes and Utility Sales Report for June. B. Declare the list of property as surplus so that it may be disposed of in the most beneficial way to the City. Mayor Borno read the Consent Agenda. Commissioner Woods pulled Agenda Item A. Motion: Approve Consent Agenda Item B as read. Moved by Daugherty, Seconded by Woods Votes: Aye: 5—Borno,Beckenbach, Daugherty, Mark,Woods Nay: 0 MOTION CARRIED Commissioner Woods pointed out that the Police and General Pensions both had deficits for this month and they need to keep this in mind as they are going through the budget workshops. August 12,2013 REGULAR COMMISSION MEETING Page 4 Motion: Approve Consent Agenda Item A as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 5—Borno, Beckenbach,Daugherty, Mark,Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NUMBER 90-13-218, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90-13-218 by title. Motion: Approve Ordinance No. 90-13-218 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is adding additional property to the Fleet Landing PUD zoning so they can relocate their maintenance facility. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 5—Borno,Beckenbach,Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. ORDINANCE NO. 65-13-38, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR PARTIAL ROAD CLOSURE OF ORCHID STREET, A PLATTED STREET WITHIN THE CITY OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 18,PAGE 34, AND PROVIDING AN EFFECTIVE DATE. August 12,2013 REGULAR COMMISSION MEETING Page 5 Mayor Borno read Ordinance No. 65-13-38 by title. Motion: Approve Ordinance No. 65-13-38 as read. Moved by Woods, Seconded by Mark Mayor Bomo explained this is authorizing the closure of a portion of Orchid St. that will be become part of Rose Park. Mayor Bomo opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED C. ORDINANCE NO. 80-13-83, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 UTILITIES, TO ADD ARTICLE V, RECLAIMED WATER SYSTEM, TO INCLUDE DEFINITIONS, PURPOSE, PUBLIC POLICY, AND BENEFITS, RELATIONSHIP TO OTHER LAWS, CONNECTION REQUIRED, DESIGN, CONSTRUCTION AND OWNERSHIP OF NEW RECLAIMED WATER FACILITIES, USE OF RECLAIMED WAl'ER, CROSS CONNECTION CONTROL, UNAUTHORIZED WORK ON RECLAIMED WATER FACILITIES, INSPECTIONS, RESTRICTIONS ON USE OF WELLS, DISCONTINUANCE OF SERVICE, CITY'S RIGHT TO REFUSE SERVICE, CITY NOT LIABLE FOR INTERRUPTIONS IN SERVICE, BILLING AND COLLECTION OF FEES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 80-13-83 by title. Motion: Approve Ordinance No. 80-13-83 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is adopting rules related to the new wastewater reuse system as required by the Water Management District. Mayor Borno opened the Public Hearing. William Harper, 51 Saratoga Circle N., asked how this will affect well water and will they be given notice if the water is cut off. Mayor Borno explained this is for reuse water to be used for irrigation. Mr. Hanson further explained they would not let you hook up to reuse water for irrigation if you are using a well. Donna Kaluzniak explained this pertains to potable wells. She stated if you have a well for your drinking water they don't want the reuse within 75 feet, for safety purposes. She stated it shouldn't be a problem for him because with the current reuse system they have there are no potable wells within 75 feet. Jimmy Hill, 372 7th Street, addressed the potable well, stating there is a conflict that could occur with gardens. He stated he wants to assure that whatever is put in place will have some way of addressing that because the water they are going to put out as reuse water is not going to be of a quality that could be used on a potable garden, one that you could eat the food from. He stated he just wants to get them thinking about this before they write an ordinance that restricts gardening. August 12,2013 REGULAR COMMISSION MEETING Page 6 Ms. Kaluzniak stated reuse water is prohibited on garden foods. She stated you can use it on citrus or something that you are going to peel but you would not be allowed to use reuse water on gardens with peppers or tomatoes, etc. She stated they would need to do a public education to inform people that they would need to use potable water for irrigating their vegetable gardens. She stated they had not thought about it but they could send out brochures or she could do a presentation to homeowners' associations, etc. She stated they will have signs and information for the country club residents and although it won't affect other people right now, in the future it could. Commissioner Woods stated when people get their water turned on may be the appropriate time to also let them know. Discussion ensued. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 5—Borno, Beckenbach, Daugherty,Mark,Woods Nay: 0 MOTION CARRIED D. ORDINANCE NO. 20-13-124, 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. 20-13-124 by title. Motion: Approve Ordinance No. 20-13-124 as read. Moved by Woods, Seconded by Daugherty Mayor Borno explained this is adding a budget for revenues and expenses for a grant to construct the first phase of the Marsh Master Plan. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 5—Borno,Beckenbach, Daugherty, Mark,Woods Nay: 0 MOTION CARRIED E. ORDINANCE NUMBER 90-13-219, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING A PREVIOUSLY APPROVED SPECIAL PLANNED AREA (SPA) KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA, TO INCREASE THE TOTAL NUMBER OF RESIDENTIAL DWELLING UNITS PERMITTED FROM ONE HUNDRED EIGHTY (180) TO TWO HUNDRED (200), WITH A MAXIMUM OF TWENTY-SIX (26) TO BE ALLOCATED TO LANDS WITHIN THE CITY OF ATLANTIC BEACH, AND THE REMAINING ONE HUNDRED SEVENTY- FOUR (174) TO BE LOCATED ON ADJACENT LANDS WITHIN THE CITY OF JACKSONVILLE; August 12,2013 REGULAR COMMISSION MEETING Page 7 PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90-13-219 by title. Motion: Approve Ordinance No. 90-13-219 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is amending the zoning for the Country Club to add as many as 20 additional residential units for a maximum of 200 homes. Commissioner Woods asked for clarification that this amendment is subject to all of the conditions for the rest of the property in the original approved SPA. Mike Griffin stated this would be in addition to the SPA that was already passed. Commissioner Woods asked if the recreational/conservation easement being drafted includes this. Mr. Hanson stated the conservation easement was not intended to cover the additional acreage that this 20 units is to fit in. Commissioner Woods stated there has been a lot of discussion about this extra piece of property and it is not to be in the conservation easement and she just wanted to make sure that is the way it is really ending up. Mr. Griffin stated that is the way he understands it. Mr. Hanson stated the conservation easement is not referenced in this ordinance at all; it will be referenced in the later agreement that is yet to be brought to the Commission for approval. He stated it is presently being worked on. He stated it is his understanding that the conservation easement is not intending to apply to the land the houses are being built on. Commissioner Woods stated she thought they put language in there that said development could not begin until the conservation easement was in place and it will spell out that this property is not included in it. Mr. Hanson stated that was correct. Commissioner Daugherty asked if the City could put a reverter clause that would put that land under a conservation easement when the loan was paid off. Mr. Jensen stated it is not the City's business to interfere in how a private corporation pays back their loan, when they do it, etc. Commissioner Daugherty further asked if this had originally come to them as 200 units would they have been so eager to approve it. He stated he has had a lot of people contact him who are concerned about the traffic on Seminole. Mayor Borno stated that would be addressed with traffic studies should it ever be proposed to be developed. He stated this is being utilized as it was explained, for collateral for the club, and if anything changes and they are going to build anything they have to come back and go through some other processes with the City. Mr. Hanson clarified they would not have to go through another zoning process, but they would have to go through the development process for road plans, etc. Discussion ensued. Commissioner Mark explained the purpose of getting the zoning now is so that if they do need to use it in the future for collateral, the financial institution they may go to will see that value because the zoning has already been approved. She stated it is their hope they would not have to develop it. She stated it would not be an advantage to the country club to not have a driving range and practice facilities, which is a key amenity to a golf course. Discussion ensued. Mayor Borno addressed Commissioner Daugherty's comment about the traffic study, stating his inference that whoever pays for it gets the benefit out of it. He stated he takes exception to that, stating that is a professional company that has been in business for 30 years and he is challenging their expertise and their professionalism on the results. He stated he wanted this in the minutes as a matter of record. Discussion ensued. August 12,2013 REGULAR COMMISSION MEETING Page 8 Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED Mr. Hanson stated they were requested by the country club, for timeliness so they could move their project ahead, that the Commission try to move this ahead as quickly as possible and the Mayor has agreed to call a special meeting at the start of the next workshop. He stated therefore there will be a second reading on this before the next workshop. Commissioner Beckenbach stated he also received some information from the North Florida Land Trust and believes everyone also received that. He asked if that will be discussed at that point or will they have a meeting prior to that to discuss that. Mr. Hanson stated if it is ready to come out with that agenda,they will get it out. He stated there are a lot of comments on that and he is beginning to be doubtful that all the pieces of that will be worked out by that time. He stated they had hoped to have it for that same meeting but they will have to see how far they can get on it this week. Commissioner Beckenbach stated so the main concern is for the second reading to be in two weeks on this Ordinance. Mr. Hanson stated the country club asked that it be moved ahead so they agreed they would have a special meeting for this just for the zoning. He stated if the master agreement and the related conservation easement are not ready for final approval at that time, they will have to be done at a later meeting. 8. Miscellaneous Business A. Public Hearing for UBEX-13-00100056. Request for a use-by-exception to allow on-premises consumption of alcoholic beverages including beer, wine and liquor by Javier U. Perez on behalf of Cantina Maya Sports Bar & Grille, located at 1021 Atlantic Boulevard within a Commercial General (CG) zoning district. Motion: Approve request for a use-by-exception to allow on-premises consumption of alcoholic beverages including beer,wine and liquor. Moved by Beckenbach, Seconded by Daugherty Mayor Borno explained this use-by-exception is to allow on-premises consumption of alcohol at 1021 Atlantic Blvd. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Commissioner Daugherty expressed concern that the application was filed on May 23 and he believes one of the unintended consequences of moving the meetings to once a month is that it adds to the time it takes for these and it is not very business-friendly. He stated they should look at how they can expedite this process. Mayor Borno agreed, stating this was something to look at and see what they can recommend for the future. Votes: Aye: 5—Borno,Beckenbach,Daugherty, Mark,Woods Nay: 0 MOTION CARRIED August 12,2013 REGULAR COMMISSION MEETING Page 9 B. Public Hearing for UBEX-13-00100059. Request for use-by-exception to allow for the sale of electric vehicles in a new building within the Commercial General (CG) Zoning District (58 10t1i Street West). Motion: Approve request for Use-by-Exception. Moved by Woods, Seconded by Beckenbach Mayor Borno stated the Commission must decide which, if any, conditions to put in the approval. He stated there were four conditions recommended by staff and the applicant objected to one that would prohibit test driving vehicles in the neighborhood. He summarized this is to approve a Use-By-Exception to allow sales of electric vehicles at 58 W. 10th St. Mayor Borno opened the Public Hearing. Mark Tomaski, 448 Snapping Turtle Court W., spoke in favor of this use-by-exception stating this is the type of business he would like to see in our City. He stated he is concerned that one of the Commissioners is just simply worried about vehicles going down the street near him. He stated he doesn't see them doing that. He stated he has watched their videos and they actually seem to promote our City in a very positive light and that is the kind of business we would like to have in our City. He stated this same Commissioner was concerned that we might not get sales taxes because these vehicles are purchased on-line. He stated he would like to take a look at that sales tax issue and the Commission may bring that up. He stated he does support this and believes it will bring revenue to our City and is the type of business he would like to see. Linda Almeida, 282 Magnolia Street, stated she would like the consideration be given that when they are selling there needs to be the truth-in-lending idea that you cannot drive it on the street if it is not tagged and titled. She stated that is sales tax and even if you do buy something on-line if you have a location in the state they do collect sales tax. No one else from the audience spoke so he closed the Public Hearing. Commissioner Daugherty stated he went by their facility and he was very impressed, stating it was one of the cleanest buildings he has seen in Atlantic Beach. He stated while this may not be the best thing for the neighborhood he believes it will be fine and based on what he has seen from their business there isn't a lot of noise that comes from it. He proposed that they approve this with the recommended conditions 1,2, and 4. Motion: Amend to include following conditions: (1) No outside sales or outside placement of merchandise shall be allowed; (2) The applicants shall construct a building similar to what is presented in "Site Plan 2",with parking on the west side of the building; and (3)All of the development standards listed in this staff report and in the Land Development Regulations shall be incorporated into the design at construction plan approval. Moved by Daugherty, Seconded by Beckenbach Commissioner Beckenbach stated he also stopped by the business and was impressed with the facility and the cleanliness. He stated he believes it will enhance the neighborhood and the owners will take care of it and he recommends it as well. Commissioner Woods stated she is concerned about the condition about no outside sales or placement of merchandise and believes allowing a certain amount of the finished product out there might be okay. She August 12,2013 REGULAR COMMISSION MEETING Page 10 asked if they decide they want to expand, could they come back and have this condition amended. Discussion ensued. Votes: Aye: 5—Borno,Beckenbach, Daugherty, Mark,Woods Nay: 0 MOTION CARRIED Commissioner Daugherty stated one of the concerns he has is that the owner of the property wants to build a metal building which he believes is not aesthetically pleasing for the neighborhood. He stated along the Mayport Road Corridor a building like that has to be covered with a stucco finish because they are trying to improve the look of the Mayport Road Corridor. He asked if the Commission wants to have a metal building there and asked the owner if that would be cost prohibitive. Mr. Hanson stated if the applicants have not been made aware of this proposal beforehand he believes it certainly would be appropriate to give them the opportunity to have some input. Deborah Jackrel, 13707 Little Harbor Court, Jacksonville, the owner, stated cost-wise it would be prohibitive. She stated she is not saying she would not have some kind of design to the building; she just doesn't want it to be forced upon them to have to go through that kind of expense. She stated she will be landscaping beautifully and will be keeping the place nice. She asked that they please not inflict that kind of expense that they really can't afford to do. Mayor Borno asked her if when they went through the Community Development Board was there any conversation about the type of building. Ms. Jackrel stated no. Mike Griffm stated that building is located more than 100 ft. from Mayport Road so it is actually out of the Mayport Corridor requirement for the wood and stucco finish. Discussion ensued. Both Commissioner Woods and Mark spoke against requiring stucco on the building. Jason Canning, 1713 Furman Road, Jacksonville, stated the owners are going to make this aesthetically pleasing; they personally like to dress their building up with more landscaping than is required by zoning. Commissioner Woods called the question. Votes: Aye: 5—Borno,Beckenbach, Daugherty, Mark,Woods Nay: 0 MOTION CARRIED C. Public Hearing for ZVAR-13-00100058. Request for variance from Section 24-161(h), to allow a reduction in required parking from 19 spaces to 11 spaces (58 10th Street West). City Attorney Alan Jensen stated the parking variance has already been approved by the Community Development Board and no action is necessary by the Commission. Commissioner Mark stated, as a point of order, they were to vote on calling the question, then vote on the amended motion. She stated they still need to vote on the amended motion(pertaining to Item 8B). Mayor Borno called for a vote on the motion as amended. August 12,2013 REGULAR COMMISSION MEETING Page 11 Votes: Aye: 5—Borno, Beckenbach, Daugherty, Mark,Woods Nay: 0 MOTION CARRIED D. 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. (149 Oceanwalk Dr. S.) Motion: Approve requested waiver to the City Code Section 19-7 requirements. Moved by Woods, Seconded by Beckenbach Mr. Hanson explained Mr. Carper had a conversation with the applicant this afternoon and the Oceanwalk Homeowners' Board was not able to meet to discuss a modified request and he was hoping to have the request deferred. He stated, however, if they want to approve it tonight, he is sure he would be happy. Mr. Carper further explained, from his conversation with the applicant today, the ARC had not met to review his modified proposal. He stated, historically, the Commission has not approved plans that had not been approved by homeowners' associations. He stated he is working with the ARC to get back before them with the modified plan and asked that we defer this. Commissioner Beckenbach withdrew his second and Commissioner Woods withdrew her motion. Motion: Defer until applicant comes back to the Commission. Moved by Woods, Seconded by Daugherty Votes: Aye: 5—Borno, Beckenbach,Daugherty, Mark,Woods Nay: 0 MOTION CARRIED E. Staff recommendations on addition to Chapter 21 parking on right-of-way. Mayor Borno stated this was previously reported by Chief Classey and asked if there were any questions. Motion: Direct staff to prepare an ordinance. Moved by Beckenbach, Seconded by Woods Commissioner Daugherty stated he believes this is something to keep in mind during the budget meetings when they discuss streetscape improvements to Seminole Road. He stated by doing the bioswales he believes it would eliminate a lot of the problems that exist. Commissioner Woods stated she believes another important thing for Seminole Road and the arterial streets are bike lanes. She stated if they add bike lanes it will also help make the easements small enough that cars won't fit. She stated their number one priority for the strategic plan was pedestrian and bicycle safety and they have a lot of serious bike riders and they need to get them off the sidewalks and have a safe place for them to be; that's the kind of community we are. She wants to make sure that becomes part of their plan for all of the arterial streets when possible. Discussion ensued. August 12,2013 REGULAR COMMISSION MEETING Page 12 Commissioner Mark stated they should be discussing the ordinance and they should stay on task. She stated they need to look at the ordinance and determine what the proper violations would be and the enforcement of parking on the right-of-way. Chief Classey summarized his staff report and the recommended changes. He stated before he puts this in Ordinance form he will get with the City Attorney to fine tune the wording. He answered questions from the Commission. He stated what he is looking for now is a consensus that they want him to come back with an Ordinance with final wording and a fine structure. Votes: Aye: 5—Borno, Beckenbach, Daugherty, Mark,Woods Nay: 0 MOTION CARRIED F. Construction Services for Rose Park Improvements. Mr. Carper summarized his staff report stating, since the workshop, he has had further negotiations with Allen Borden, head of C.C. Borden Contractors and the amended price of the purchase order would be $189,527, which leaves a contingency for upgrades and dog park access of approximately $15,000. He stated staff recommends the Commission authorize staff to complete negotiations and authorize the City Manager to sign the contract for this amount. Mr. Hanson clarified they are authorizing the award of the contract. Motion: Direct staff to negotiate with C.C. Borden to bring cost within budget as discussed and authorize the City Manager to execute the construction contract and necessary change orders for construction up to the authorized budget. Moved by Daugherty, Seconded by Woods Discussion ensued and Mr. Carper and Mr. Hanson answered questions from the Commission. Votes: Aye: 5—Borno,Beckenbach, Daugherty, Mark,Woods Nay: 0 MOTION CARRIED 9. City Manager A. City Manager's Report. City Manager Hanson stated since the last workshop, when he reported the Police Department had checked a number of businesses which resulted in no businesses in Atlantic Beach selling alcohol to the minors, they had another check on July 31. He stated they checked another 20 businesses and again no one sold alcohol to minors. He stated the Police Department has done an excellent job in getting the word out to businesses. He reported the third Budget Workshop is tomorrow night at 5:00 p.m. in the Chamber. He also reported they have scheduled a Shade meeting at 5:45 before the workshop on August 26 to discuss union negotiations. He stated they do not plan on serving food. 10. Reports and/or requests from City Commissioners and City Attorney August 12,2013 REGULAR COMMISSION MEETING Page 13 A. Discussion and Recommendations for the Process and Procedure of Commission Evaluation of City Manager/City Clerk/City Attorney. Commissioner Beckenbach thanked Karen Kempf for the work she has done. He stated he will bring this back at the next workshop. B. Discussion of City Code pertaining to parking restrictions for boats and trailers. Commissioner Daugherty stated residents asked that the Commission consider this. He stated there were three things the Commission came back to Jim Hanson with for the Community Development Board to look at. Mr. Hanson stated the three items were: the boat parking in front yard; anything we can do from a zoning standpoint to encourage businesses along Mayport Road like the ones approved tonight; and look at tree ordinance to see if it should be changed anyway to further discourage the elimination of our tree canopy. Motion: Direct Community Development Board to look at the three issues as well as ways to speed up the use-by-exception process and report back to the Commission. Moved by Daugherty, Seconded by Woods Discussion ensued. Mayor Borno stated if they are looking for recommendations related to all the intricacies of the scheduling for use-by-exceptions that isn't within the parameter of the Community Development Board. He stated staff should give them that advice and that is a policy decision that falls under the responsibility of the Commission. Commissioner Woods stated they would just be looking at what is in the Ordinances that affects the schedule. Mayor Borno stated he doesn't believe that needs to go before the Community Development Board; it is something that should be worked out between staff and the Commission. Further discussion ensued. Mr. Hanson stated there are deadlines for publication requirements for the public hearing notice and asked Mr. Griffin if the Commission would always be able to move something like this forward to a special meeting or would that violate some of those publication requirements the Commission put in the Code. Mr. Griffin replied, as long as they get the 14 day publication requirement in they should be ok. He stated it was discussed moving the Community Development Board meetings to the first of the month which would help in that process and eliminate a couple of weeks in the three month time it takes to get someone to the Commission. Mr. Hanson clarified that if the Commission were to ask this to be moved up for a special meeting they would have to do it at least more than two weeks before that meeting in order to get it publicized. Commissioner Daugherty stated in Atlantic Beach they have developed a reputation of not being very business-friendly and these are two examples of that tonight. He stated he wants to take this back to the Community Development Board to look at it to see how they can speed it up or do they want to speed it up. Commissioner Woods stated she believes it is worth looking at the question. Commissioner Mark stated the Commission is the policy maker and the Community Development Board implements policy, so if the Commission is considering any kind of change to policy it would seem to her that it would come from the Commission. Mr. Jensen stated that it correct. He stated the Community Development Board doesn't necessarily implement policy; they used to be called the land planning agency of the City. He stated there is a simple fix to the use-by-exception process. He stated they are less drastic in nature than a variance to the Ordinance and the Community Development Board has final authority and final say so on a variance request. He stated it would be very simple to amend the Ordinance to give them final decision on uses-by-exception. He stated the decision would be the City's final decision. Commissioner Mark asked if the applicant would have the opportunity to appeal to the Commission at that point or would they go directly to Circuit Court. Mr. Jensen stated they have an opportunity to appeal to the Commission now. He stated it would come to the August 12,2013 REGULAR COMMISSION MEETING Page 14 Commission first. Mr. Griffin stated that is the way a lot of cities and counties do that. He stated, although the Planning and Zoning Board or CD Board is the advisory board, they make that board the final determination and if anyone has a problem with that, they appeal to the City Commission. Mayor Borno stated he still believes strongly that it belongs with the Commission. Roll Call Votes: Aye: 3—Daugherty, Mark,Woods Nay: 2 -Beckenbach, Borno MOTION CARRIED Commissioner Beckenbach asked that Mr. Carper present the proposal to beautify Seminole Road. Mr. Carper explained this was a proposal he made to the Commission in 2008 to beautify the section of Seminole Road between Atlantic Blvd. and the five-way. He summarized his proposal and showed a slide of the possible streetscape typical section, explaining a bioswale. Discussion ensued. Mr. Carper answered several questions. Commissioner Woods • Apologized for her golf cart being parked. She explained her husband had parked it there and she had no idea. Mayor Borno • Will be leaving on Wednesday for Florida League of Mayors and then to the FLC Convention Thursday, Friday and Saturday. Commissioner Mark stated she was also going but not until Thursday. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:51: p.m. Mike Borno ATTEST: Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk *A Workshop was held on July 22, 2013 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion. MINUTES OF THE SPECIAL WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON JULY 22,2013 City Commission Members present: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods Staff present: Jim Hanson, City Manager Sue Danhauser,Human Resources Director Donna Bartle, City Clerk Nancy Bailey, Recording Secretary The meeting, which was held for the purpose of a presentation on the results of the Pay and Classification Study and a Budget 101 review, was called to order at 5:02 p.m. by Mayor Borno. 1. Results of the Pay and Classification Study. Human Resources Director Sue Danhauser introduced Linda Bunting and Nick Pellegrino of Cody &Associates. Nick Pellegrino, President of Cody & Associates, Inc. explained his company's background and gave a presentation on the objectives for the Pay and Classification Study, explaining their approach to the study, the salary and benefit results and their recommendations for implementation of the study. He answered questions from the Commission. 2. Budget 101. Finance Director Nelson Van Liere gave an overview of the budget in preparation for the upcoming budget meetings. He answered questions from the Commission. There being no further discussion by the City Commission, Mayor Borno declared the meeting adjourned at 6:25 p.m. Mike Borno Mayor Donna L. Bartle, CMC City Clerk MINUTES OF SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON JULY 22, 2013 PRESENT: Mayor Mike Borno Mayor Pro Tern Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods ALSO: Jim Hanson, City Manager Donna Bartle, City Clerk Nancy Bailey, Recording Secretary The Mayor called the meeting to order at 6:30 p.m. in the Commission Chamber. 1. ORDINANCE NO. 95-13-107,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE SALE OF CITY OWNED REAL PROPERTY LOCATED AT 765 SABALO DRIVE, ATLANTIC BEACH, FLORIDA 32233, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 95-13-107 by title. Motion: Approve Ordinance No. 95-13-107. Moved by Daugherty, Seconded by Mark Mayor Borno explained the Ordinance is to authorize the sale of property on Sabalo Drive that the City acquired because of City Code Enforcement actions. Mayor Borno opened the Public Hearing. Ralph Marcello, President of Beaches Habitat for Humanity, 797 Mayport Rd. stated they would love to rehab the property and would promise to rehab it within the next 12 months during their current fiscal year from July to June. He stated they would love to do neighborhood revitalization work in the same neighborhood and, given the lack of new land, they believe this property will give them an entrée into the neighborhood. He stated whatever way the City decides to sell it they would be willing to compete and bid on the home. No one else from the audience spoke so he closed the Public Hearing. Votes: Aye: 5—Borno,Beckenbach,Daugherty, Mark,Woods Nay: 0 MOTION CARRIED 2. Direction from Commission on how to sell the property located at 765 Sabalo Drive. Mayor Borno opened the Courtesy of the Floor to Visitors. Ray Brown, 523 Clipper Ship Lane, requested that the Commission get the maximum return on the investment paid to obtain the property. He stated he wants maximum return on his investment because the City used his money, as a taxpayer,to acquire this property. He stated he doesn't care how they sell the property,but he wants the maximum return. Mayor Borno asked Mr. Brown to clarify what he meant by maximum return on money the City has invested to acquire the property. The Mayor stated the money they used to acquire the property was to pay for what they had to do related to upkeep of it and asked Mr. Brown if he was saying that he would be happy with anything over and above. Mr. Brown stated the greater the better, over and above what the total cost was including legal fees, maintenance fees, lien fees or whatever money the City had to pay. He stated however the City disposes of that property he wants them to get more than that and hopefully five or ten times more. Mayor Borno closed the Courtesy of the Floor to Visitors. Mr. Hanson stated there were two options proposed, one is to sell it to Habitat for cost and have them rehab it and the other is to sell it for as much as they can through some kind of auction process. He stated it is appropriate for the Commission to say which direction they want to go, for the sake of expediency, and authorize staff to sell it by whichever method they want, because the longer it sits there with no one owning it other than the City, the more money the City has to invest to maintain it. Motion: List the property for general sale to the open market for a period of 45 days and all bids on the property be sealed in bid format and sell it to the highest bidder. Moved by Daugherty, Seconded by Woods Commissioner Woods asked for the City Attorney's input related to whether anyone can bid, how they set the price, etc. Mr. Jensen stated he believes that is one fair way to do this. Discussion ensued. Mr. Jensen stated they have a title policy on the house and the title is clear, and the taxes are current. Commissioner Mark stated she will not support this motion because she believes Habitat is the best option and is a sure thing and there are too many unknowns for this process. Discussion ensued. Mayor Borno called the question. He asked for a vote on calling the question. Votes: Aye: 3—Borno, Mark, Daugherty Nay: 2—Beckenbach,Woods MOTION CARRIED Mayor Borno called for a vote on the motion. Votes: Aye: 3—Beckenbach,Daugherty,Woods Nay: 2—Mark, Borno MOTION CARRIED -2- Commissioner Woods stated in the future, on houses like this with a lot of liens, she believes the City should adopt a policy to negotiate the monies that are due at the time of closing so these properties can move on the open market. She stated we could recoup our actual expenses, but not the added on fines that we don't have money out-of-pocket for. Mayor Borno stated if she would like to have this as a policy then it needs to be put in the form for an Ordinance. Mr. Hanson clarified the City Code does not give anyone the authority to change a code enforcement fine except the Code Enforcement Board. He stated he has had people come to him to reduce a fine but he does not have the authority to do that. Mr. Jensen stated this is through State Statute. The meeting was adjourned at 6:55 p.m. Mike Borno Mayor/Presiding Officer ATTEST Donna L. Bartle, CMC City Clerk -3- MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON JULY 22,2013 City Commission Members present: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods Staff present: Jim Hanson, City Manager Alan Jensen, City Attorney 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 August 12, 2013, was called to order at 6:55 p.m. by Mayor Borno. Item 7E was taken out of sequence and acted on at this time. 7E. ORDINANCE NUMBER 90-13-219,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING A PREVIOUSLY APPROVED SPECIAL PLANNED AREA (SPA) KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA, TO INCREASE THE TOTAL NUMBER OF RESIDENTIAL DWELLING UNITS PERMITTED FROM ONE HUNDRED EIGHTY (180) TO TWO HUNDRED (200), WITH A MAXIMUM OF TWENTY- SIX (26) TO BE ALLOCATED TO LANDS WITHIN THE CITY OF ATLANTIC BEACH, AND THE REMAINING ONE HUNDRED SEVENTY-FOUR (174) TO BE LOCATED ON ADJACENT LANDS WITHIN THE CITY OF JACKSONVILLE; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. Principal Planner Erika Hall explained this is an amendment of the SPA that was approved for the Atlantic Beach Country Club. She stated this is to add 20 additional units. Commissioner Woods asked about the signage. Ms. Hall explained the sign. Commissioner Beckenbach stated it was his understanding that the 20 homes might not be built and the reason they might not be built is that this is land collateral just in case something goes awry with the project. He stated he heard the clubhouse needs to be renovated and expanded and they will use this as collateral. He asked if after the loan for the clubhouse is paid off can they see if we can have a conservation easement, as it was originally planned, for that particular piece of property. Mr. Hanson stated there were representatives from the Country Club in the audience who could address that. Gary Silverfield, 1175 Fortune Parkway, Jacksonville, representing Atlantic Beach Partners explained this was a plan to get the clubhouse expanded from 5,000 s.f. to 11,000 s.f. He stated Minutes—City Commission Workshop July 22,2013 Page 2 this was a way for the developers to loan the club an additional $3,000,000. He stated to request to get that financed and raise equity they needed some additional collateral because the club itself didn't have any additional collateral other than what they were already using for the golf course, swimming pool and tennis courts. He stated the club hopes this is never used. He stated they have approximately three years to refinance the $3,000,000 and if that does not happen they have the right to develop it into additional lots. Mr. Hanson stated he was told by one of the country club representatives that while their intent may be to pay them off in three years that may mean they have another loan and this property would continue to be pledged as collateral for another loan, presumably at a lower interest rate. Mr. Silverfield stated they have several alternatives but the plan is to sell enough memberships to use initiation fees to reduce this loan. He further stated if they need to refinance it they will have the whole collateral, the whole club, and at that point they could use that as well. They could use this collateral if they need to go to a bank to refinance this repayment loan. Mayor Borno asked if once it is paid off then is it still property of the country club. Mr. Silverfield explained that once they build everything it will then in lump sum be given to the club, including this piece. Mr. Hanson asked, at some point in the future when it is no longer needed as collateral, can we get the conservation easement that is to be applied over the rest of the golf course property applied to that additional 20 acres as well. Mr. Silverfield stated he believes it is already in the agreement; that once that is paid off it automatically goes with the conservation easement as well. Rick Wood, 414 Old Hard Road, Fleming Island, further explained when they first started loaning money to the club they told them they needed collateral. He stated as he discussed with the City Manager, once that loan was paid off they would be prepared to grant a conservation easement over it. He stated after discussing this with the country club, the Selva Marina Country Club Board came back and said they didn't want a conservation easement over this seven acres because they want to use it for future collateral even once they pay the loan off. He stated his answer would be, long-term, that there would not be a conservation easement, allowing the club to have flexibility with lenders. Commissioner Beckenbach stated the clubhouse area does not have a conservation easement either. Mr. Woods stated no, it does not. Commissioner Beckenbach asked if the clubhouse, being zoned a SPA, would have to come back to the Commission for any change from being a clubhouse. Ms. Hall stated that was correct. Commissioner Daugherty asked how this benefits the City. Mr. Hanson explained their deal with the developer was a 5,000 s.f. clubhouse and they don't believe that is enough to attract the membership they want to get. He stated they want an 11,000 s.f. clubhouse and the only way for them to get the money to do it is to take this loan and they need collateral to do it. Commissioner Daugherty stated he is hearing from a lot of citizens that Atlantic Beach is going from being a community with a lot of character to being kind of an elitist group in some areas. He stated he believes Selva Marina is turning into something that the average person in Atlantic Beach can't afford. He stated his concern is that we are turning into Ponte Vedra and asked if that is what we really want as a community. Mayor Borno stated he takes that as a perception that people may not be cognizant of what the Board for Selva Marina is doing under their fiduciary responsibilities. Mr. Hanson agreed stating they are taking their best shot to try and make it survive. Commissioner Mark stated they have indicated the homes, the clubhouse and all the architecture is going to be compatible with the Atlantic Beach character. Commissioner Daugherty asked how going from 180 to 200 homes affects traffic. Mr. Hanson stated the traffic numbers were presented in Ms. Hall's report. Commissioner Daugherty stated he didn't look at Minutes—City Commission Workshop July 22, 2013 Page 3 that report. Discussion ensued. Mr. Hanson stated they are working on getting a master agreement prepared related to the conservation easement, the annexation and the reuse. He stated it is their hope to get it ready for Commission approval by the time they have the second reading of this ordinance. He stated they plan to have a special meeting before the August workshop for the second reading. Workshop-only Items: 1. Appointment of Special Magistrate for dog cases. This item was discussed later in the agenda under City Manager Follow-up Report. *Discussion of Agenda Items on August 12,2013 Commission Meeting: 1. Minutes of the Regular Commission Meeting of July 8, 2013, the Special Called Commission Meeting of June 24, 2013, the Commission Workshop of June 24, 2013 and the Town Hall Meeting of July 13,2013. There was no discussion on this item. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. Appointment of Special Magistrate for dog cases. Mr. Hanson stated they need to discuss appointing a Special Magistrate because right now they don't have anyone to hear a dangerous dog case. He explained that when Jacksonville Beach appointed their Special Magistrate in 2007, the City Manager, Chief of Police and City Attorney interviewed candidates. He stated he would propose to use the same process to do that. He stated selection criteria would be relative experience, availability and cost to the City. He stated he would propose they work on an hourly basis because we don't know how many dangerous dog hearings we will have. He stated State law will not let us appoint the same magistrate that Jacksonville Beach has because that violates the policy of holding two separate offices. Discussion ensued. City Manager Hanson reported the City has received notice that the St. Johns Water Management District has approved a grant in the amount of$442,000 for the reuse construction project which will cost us about $1.1 million. He stated this is a 40% grant. He congratulated Director of Utilities Donna Kaluzniak and John Collins who worked hard to get this grant approved. 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 Minutes—City Commission Workshop July 22, 2013 Page 4 WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report, Building Department Monthly Activity Report, List of New Business Taxes and Utility Sales Report for June. B. Declare the list of property as surplus so that the items on it may be disposed of in the most beneficial way to the City. Mayor Borno read the Consent Agenda. Commissioner Woods expressed her concerns about our pension numbers and water assumption numbers. Discussion ensued. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NUMBER 90-13-218,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. There was no discussion on this Ordinance. B. ORDINANCE NO. 65-13-38,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR PARTIAL ROAD CLOSURE OF ORCHID STREET, A PLATTED STREET WITHIN THE CITY OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 18, PAGE 34, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. There was no discussion on this Ordinance. C. ORDINANCE NO. 80-13-83, Public Hearing and Final Reading Minutes—City Commission Workshop July 22,2013 Page 5 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 UTILITIES, TO ADD ARTICLE V, RECLAIMED WATER SYSTEM, TO INCLUDE DEFINITIONS, PURPOSE, PUBLIC POLICY,AND BENEFITS, RELATIONSHIP TO OTHER LAWS, CONNECTION REQUIRED, DESIGN, CONSTRUCTION AND OWNERSHIP OF NEW RECLAIMED WATER FACILITIES, USE OF RECLAIMED WATER, CROSS CONNECTION CONTROL, UNAUTHORIZED WORK ON RECLAIMED WATER FACILITIES, INSPECTIONS, RESTRICTIONS ON USE OF WELLS, DISCONTINUANCE OF SERVICE, CITY'S RIGHT TO REFUSE SERVICE, CITY NOT LIABLE FOR INTERRUPTIONS IN SERVICE, BILLING AND COLLECTION OF FEES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. Commissioner Woods clarified that this is based on other communities' experience and is pretty thorough. Mr. Hanson agreed they mostly went by Jacksonville's ordinance. Commissioner Daugherty asked at what point do they set the fees. Mr. Hanson stated they will need to start to look at that in a couple of months but it is not urgent that they do that right now. Discussion ensued. D. ORDINANCE NO. 20-13-124,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 the Ordinance by title. Commissioner Beckenbach pointed out a scrivener's error changing "will provided" to "will provide" in the third Whereas. There was no other discussion. E. ORDINANCE NUMBER 90-13-219,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING A PREVIOUSLY APPROVED SPECIAL PLANNED AREA (SPA) KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA, TO INCREASE THE TOTAL NUMBER OF RESIDENTIAL DWELLING UNITS PERMITTED FROM ONE HUNDRED EIGHTY (180) TO TWO HUNDRED (200), WITH A MAXIMUM OF TWENTY- SIX (26) TO BE ALLOCATED TO LANDS WITHIN THE CITY OF ATLANTIC BEACH, AND THE REMAINING ONE HUNDRED SEVENTY-FOUR (174) TO BE LOCATED ON ADJACENT LANDS WITHIN THE CITY OF JACKSONVILLE; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. This item was taken out of sequence and discussed earlier in the meeting. 8. Miscellaneous Business A. Public Hearing for UBEX-13-00100056. Request for a use-by-exception to allow on- premises consumption of alcoholic beverages including beer, wine and liquor by Javier U. Perez on behalf of Cantina Maya Sports Bar & Grille, located at 1021 Atlantic Boulevard within a Commercial General (CG) zoning district. Minutes—City Commission Workshop July 22, 2013 Page 6 Erika Hall explained the request for a use-by-exception, stating the applicant currently operates with a 2-COP which allows beer and wine sales and he wishes to expand to also serve liquor. She explained the applicant meets the criteria from the State for a 4-COP and the Community Development Board reviewed this and recommended unanimously that the Commission approve. Commissioner Daugherty stated he sees no reason not to approve this as there is another restaurant in the same shopping center that serves liquor. He further pointed out that the applicant applied for this use-by-exception on May 23, 2013 and this is the end of July and it will still be a while before he gets this. He stated this is just one of the items they need to consider when determining how they are conducting meetings. He stated he doesn't believe this is being very business friendly. He stated this is a good example of how their new schedule really affects new businesses trying to open and might be a wakeup call for the Commission to look at changing the way they do things a little bit, especially for use-by-exceptions. Ms. Hall stated it previously took 6-8 weeks to get a use-by-exception; it has to go to the Community Development Board for a recommendation and then to the Commission for approval. She stated what they are realizing now it that it is taking 11-13 weeks because of the change in the Commission's meeting schedule and the new extended notice requirements. Discussion ensued. B. Public Hearing for UBEX-13-00100059. Request for use-by-exception to allow for the sale of electric vehicles in a new building within the Commercial General (CG) Zoning District (58 10th Street West). Redevelopment and Zoning Coordinator Jeremy Hubsch explained the request for the use-by- exception showing slides of the site, development standards and site plans. He stated this request is unique in that the applicants claim to do 90% of their sales on the internet and will not be displaying their products outside. He stated the applicants were here and could explain their operations. He further stated the Community Development Board also approved the zoning variance to reduce the required parking from 19 spaces to 11 spaces; however, if this use-by- exception is denied the zoning variance will be null and void. Mr. Hubsch answered several questions from the Commission. Commissioner Woods stated the Commission was contacted by some people concerned about the traffic on the street so she did a traffic study for 1 hour and 22 minutes and counted 160 cars, which came out to approximately 1.95 cars/minute. She stated it seemed to be local traffic and there was only 1 car going toward Mayport Road during that time. She expressed concern about the parking condition. Mr. Hubsch stated one of the conditions they are mentioning is to prevent them from doing test drives so there won't be people driving electric vehicles and adding more traffic into the area. Discussion ensued. Mr. Hubsch stated the recommended conditions would be no outside sales or placement of merchandise; the applicant shall construct a building similar to what is presented as site plan 2, with parking on the side of the building and building closer to the street; no test driving electric cars in the neighboring residential streets; and all development standards listed in the development regulations shall be adhered to. Ted Jackrel, Moto Electric Vehicles, answered several questions from the Commission. He stated they could not agree to the test drive clause explaining they have to drive the cars on Minutes—City Commission Workshop July 22,2013 Page 7 occasion to local business people, such as body shops. He stated they also test them out before they ship them to make sure everything is working. Jason Canning, 1713 Furman Rd., Jacksonville, architect on project, explained the site plan for the building and the location of the roll-up door for delivery of vehicles. He answered questions from the Commission. Commissioner Daugherty stated he didn't want them to use his neighborhood for a test track. Debra Jackrel explained the trucks that come to their property are the flatbed type that hold two cars. She stated the trucks back up to their door and are in and out in about 15 minutes. She stated they have owned the property and had all the vans and buses there for 19 years, with big trucks bringing all those vehicles in. She stated, if anything, she would think someone would have complained about that in the last 19 years. She stated they have been good neighbors, courteous, and she spends half her life picking up the beer bottles, etc. from the neighborhood. She stated she has landscaped her other properties well beyond what probably 99% of Atlantic Beach businesses have done. She reiterated they are courteous neighbors and are not going to go test driving all throughout the whole neighborhood and driving people crazy. She stated they will go down the block to make sure the thing is working properly because they don't want their clients to be upset when it gets to them and doesn't drive properly. She stated they will not be meandering through all the developments for an hour test drive. She stated they are respectful of the neighborhood and, if anything, they are more respectful than three quarters of the people. She stated she believes everyone would welcome getting rid of the vans and buses from the neighborhood and adding an electric car. She further stated test driving of the vehicle will not be clients doing it but rather a licensed employee who will test the vehicle and get it right back to the facility. Discussion ensued. Commissioner Daugherty asked if they can approve this without the variance for the parking. Mr. Hanson stated the Community Development Board already granted the variance. Mr. Hubsch stated the variance for parking would be null and void if they turned down the use-by- exception. Mr. Jensen stated the final action for a variance is by the Community Development Board. Mr. Griffin stated the Commission can look at the parking as a part of the criteria of the use-by-exception. Discussion ensued. C. Public Hearing for ZVAR-13-00100058. Request for variance from Section 24-161(h), to allow a reduction in required parking from 19 spaces to 11 spaces (58 10th Street West). Mr. Hanson explained Mr. Hubsch pointed out that this was mistakenly put on the agenda. He stated the Community Development Board gave them the final variance and this should have never been put on the agenda. D. 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 at 149 Oceanwalk Dr. S. Public Works Director Rick Carper showed a site plan of the existing driveway stating the owners are proposing to install a circular driveway. He explained the reason they need to come before the Commission was the lot frontage was 90' and our Code requires 100' unless waived Minutes—City Commission Workshop July 22, 2013 Page 8 by the Commission. He stated this is a special case in that the Architectural Review Committee and the Homeowners' Association have both denied the application from the homeowner due to the number of trees in the proposed plan and the homeowner went back to the Homeowners' Association and his appeal was denied. Mr. Carper stated there is nothing in our Code that says the Commission can't give him the waiver anyway but they have traditionally never approved a waiver that had not been approved by the appropriate homeowners' association. Mr. Hanson agreed it is not up to the City Commission to enforce homeowners' association covenants and restrictions and if they give him permission to do this he still couldn't do it without the homeowners' association approval or they could take him to court. Mr. Carper explained the issue is that his plan effectively produces a parking lot in the front of his house and they don't want to see that. He stated he meets the City's tree requirement. Discussion ensued. E. Staff recommendations on addition to Chapter 21 parking on Right-Of-Way. Chief Mike Classey summarized his staff report explaining, if the Commission desires the City to have an enforcement mechanism, he recommends changing the wording to state "parking in the right-of-way on a very occasional or infrequent basis for periods generally short in duration is permissible. Parking in the right-of-way is not intended to be a solution for a limited driveway and/or garage parking. No persons shall routinely park in the right-of-way, where routinely is defined as three or more occasions within any seven day period." He stated he believes that is much more clearly defined than saying "72 continuous hours". Chief Classey answered questions from the Commission. Discussion ensued. Mr. Hanson stated there are individuals all across the City parking on the right-of-way and the problem they have on the South end of Seminole has been brought up several times over the years where they have just a few houses that often have four cars and it looks like a used car lot. He stated we don't have the manpower to enforce this Citywide, but the real question is, does the Commission want them to enforce it at all or should we ignore the complaints. He stated he believes the complaints are valid; it looks terrible; and it is a public safety hazard. He stated he believes the policy should be to respond to the most serious problems, i.e. south Seminole Road. Chief Classey stated this change would cover us and our officers would be able to exercise discretion. He stated their top priority is not going to be going out looking for that single car parked on a right-of-way that they might be able to write a ticket for. Commissioner Woods asked if they have to use the police to solve this problem; Code Enforcement deals with everything else in the Code, can they not deal with this as well. Chief Classes stated, legally, yes, according to Alan Jensen's opinion on it; however it comes down to more of a manpower issue. He stated we have a single Code Enforcement Officer that has plenty to do in the City otherwise. Further discussion ensued. F. Construction Services for Rose Park Improvements. Rick Carper summarized his staff report showing a slide of the site plan. He explained the bids came in substantially higher than was budgeted. He stated staff suggested down-phasing the project for a budget of $187,000, which he explained; or rejecting all bids and placing this project on hold until completion of the Parks System Master Plan. He stated, alternatively, the Commission may choose to award the contract to C.C. Borden pending successful negotiations by staff to bring cost within budget as discussed in the staff report. Discussion ensued. Mayor Borno suggested Mr. Carper prepare an amended agenda item outlining the changes in the down- phasing project for action on August 12. Mr. Carper answered questions from the Commission. Minutes—City Commission Workshop July 22, 2013 Page 9 9. City Manager A. City Manager's Report. City Manager Hanson reported the tentative schedule for presentations in the Budget Workshops was attached, stating the actual presentation of items may vary based upon how quickly each subject can be covered and the number of questions asked. He also reported on the latest Alcohol Deployment on June 28, stating out of 17 restaurants and stores that were checked, the underage informant was unable to purchase alcohol at any of those locations. He reported on the fuel efficiency of Police Vehicles stating with the more efficient gas powered vehicles as well as the hybrids and one all-electric vehicle, the fuel efficiency of the fleet has improved dramatically, going from 13.37 mpg in 2007 to 18.64 mpg through June in 2013 . He also explained a Revised Mutual Aid Agreement has been prepared and signed by the various jurisdictions due to a recent judicial ruling arising out of a DUI case that indicated this mutual aid agreement was invalid because it was too broadly based due to Atlantic Beach police officers and other jurisdictions having authority to exercise police powers anywhere in Duval County at any time. He stated this revised agreement more narrowly defines the areas in which the officers have extra jurisdictional authority as well as the conditions under which they would use that authority. He stated this is to report to the Commission that he has signed this as City Manager under the authority granted in 2011 because it amounts to a clarification of a previously approved contract and because our police officers need the ability to exercise their police powers in areas adjacent to our City. This new agreement has a five-year term and will extend until 2018. He stated the Strategic Plan for this month is completed and he distributed copies to the Commission. 10. Reports and/or requests from City Commissioners and City Attorney A. Discussion and Recommendations for the Process and Procedure of Commission Evaluation of City Manager/City Clerk/City Attorney. Commissioner Beckenbach stated he spoke to a number of people pertaining to this and thanked Bill Mayhew and Karen Kempf in particular for helping him out with this. He stated he is requesting an evaluation for the City Manager, the City Clerk and the City Attorney. He stated he does not want individual evaluations because that is not a real evaluation as far as the entire City Commission. He stated the Commission is the body that is responsible and he and a number of the citizens believe that the Commission in total should review and have it out in the open so the citizens could find out how they actually feel about each of the individuals. He stated Karen Kempf did a lot of the writing for the evaluations. He further summarized his recommendations, including explaining a 360 performance assessment, which he stated is the individuals who work below them would also be involved in the evaluations. He stated this would involve a number of Minutes—City Commission Workshop July 22,2013 Page 10 individuals who, as a group, would anonymously make recommendations from the bottom up. He stated he would like feedback on his recommendations. Mr. Hanson expressed his comments related to this recommendation. He stated he supports performance reviews. He stated he agrees with many of the articles submitted by Commissioner Beckenbach, reading excerpts from the articles. He pointed out that reviews have to be done in a relaxed, open and private atmosphere. He stated all of the reviews he has done with employees over the years have always been on a one-on-one basis, with no one looking on and he believes employees would consider it horribly demeaning if there was such a thing. He stated he has never heard of such a thing done in corporate life. He stated performance reviews of managers in most other states are done in executive session, which is equivalent to Shade Meetings in Florida. He pointed out that there were notations in both of the articles about that, reading those notations. He stated he believes meeting with the full Commission would be the best way to have a performance review of the City Manager. He stated, however, Florida is different from other states in that there is no exemption to doing that out of the Shade Meeting and any written document that you come up with is a public document. He stated, in his opinion, you cannot have an open and honest discussion in front of a crowd in a meeting. He stated the comments from the elected officials will inevitably be slanted; some will not want to embarrass anyone and are careful what they say and others will do exactly the opposite. He stated, second, the manager cannot respond in a public performance review because it would be perceived as a public dispute with the elected body which would be detrimental to the City. He stated there is a certain debt of loyalty that a manager owes to their elected body and you don't create a lot of negative stories in public. He stated, third, both articles talked about elected officials being able to have a good conversation about their own effectiveness and he seriously doubts they would have that discussion in public nor would it be helpful to the City to do that. He stated the process here has been that the elected officials have met with him on a one-on-one basis. He stated after all of the elected officials have met with him, if there is an issue of salary to be brought up, it is brought up by the Mayor in a public meeting with an agenda item and the Commission will decide whether a raise is to be given or not. He stated he believes the current process is designed with all the issues considered and is as good as it can be in Florida, given the Florida law, and he would recommend that they keep it the same. Commissioner Beckenbach stated he believes the evaluations should be on paper so there is some historical record of what has transpired. He stated currently there is nothing on paper. Commissioner Daugherty stated he believes it would be a lot more productive if it was done privately. Commissioner Mark stated she liked a lot of the suggestions and could use them one-on-one, but is not convinced that to do this as a collective body, the way it has to be done under Florida law, would be the most effective way because it opens it up to becoming a popularity contest, personality conflict and a lot of other undercurrents that have nothing to do with the actual job performance of these three officials. She stated she agrees that the Commission needs to have a more structured way to do these evaluations so they do give feedback to them and vice versa so they can work and be effective together. She stated they work at the pleasure of the Commission and the Commission makes the decision about who is in those positions. She reiterated she Minutes—City Commission Workshop July 22, 2013 Page 11 strongly disagrees that the evaluations should be done in a public forum such as Commissioner Beckenbach is suggesting. Mayor Borno asked the Commission how many of them have ever been in any organization where they had to have an evaluation in public. He stated none of them are in public; it's always one-on-one. He stated that is basic Management 101. He stated when you have a responsibility to someone below you, you always do it one-on-one; it's never done by committee. He stated he has always given each of them a one-on-one evaluation and believes that is a responsibility he has as an elected official. Commissioner Woods asked if the Florida Law prohibits the entire Commission having a review with the City Manager, City Attorney or City Clerk. Mr. Jensen stated that is not prohibited, but it has to be done in public. Mr. Jensen stated it is in 286.011 of the Florida Statutes. Commissioner Woods stated they should come up with some guidelines for these reviews. She suggested that Commissioner Beckenbach come up with something and bring it back to the Commission. B. Discussion of City Code pertaining to parking restrictions for boats and trailers. Commissioner Daugherty explained there is an issue related to the parking restrictions for boats and trailers in his neighborhood due to the lot sizes and stated he believes it is time to revisit this Code. Discussion ensued. Commissioner Woods stated she doesn't have a problem with having these things in the front yard. She asked why were all these citations issued all of a sudden. Mr. Hanson explained they have one Code Enforcement officer and do not have the manpower to enforce all of the Codes, especially with the emphasis the Commission asked staff to put on the Royal Palms neighborhood several years ago. He stated the City employees want to be fair to everybody and when they receive a complaint and go out, they find others. He stated because they don't keep a consistent enforcement that creates a wave of complaints to the Commission. He stated when you give several citations for the same thing and you have not enforced it for a while then people start fussing about it, whereas if it had been a consistent level of enforcement over the years the complaints go away. Commissioner Woods asked if there was a complaint or did we just go out there and decide to start issuing citations. Mr. Hanson stated he did not know, he would have to ask the Code Officer. Commissioner Woods stated she went out and looked at a lot of these citations and one man mowed down a whole half a forest to get his truck moved and she believes that was a pretty bad solution. She stated we have these codes in the book and we have to decide whether to take them all off or enforce them everywhere and hire more people to do this enforcement everywhere. She stated it seems like we are going back to the same conversation about parking in the right-of-way. She asked if it is on the books so they can solve it when it becomes a problem or is it on the books because you really want it to be a "Stepford Wives" community. She stated she does not believe that is where they really want to go. She asked should the policy be that you respond to complaints or that we are just going to clean up the whole town. (Commissioner Beckenbach left the meeting at 9:53 and returned at 9:55.) Mayor Borno stated the Commission has stated they want good uniform Code enforcement. He stated we have one person and she is more professional than some that we have had and she is very thorough and experienced. He stated she gets a lot of things done without citations but some things she can't solve without citations. He asked, are we willing to turn around and tell her not to do her job to the best of her ability. He stated that is a question for them to think Minutes—City Commission Workshop July 22,2013 Page 12 about. He stated he believes she does a good job with the restraint Code Enforcement has and it takes a special person to be able to function in that job; not everybody is cut out for it. He stated he is willing to go through a review of the ordinance and listen to anyone who wants to make a proposal to change it. Discussion ensued. Commissioner Mark stated she will put an item on the next agenda to have the Community Development Board look at this and make a recommendation. (Alan Jensen left the meeting at 10:04 and returned at 10:07.) Commissioner Daugherty suggested that the Commissioners come up with some things they would like the Community Development Board to review. Mr. Hanson asked that they send their suggestions to him. 11. Courtesy of Floor to Visitors Commissioner Mark suggested having Public Comments at beginning of the workshop. Mayor Borno opened the Courtesy of the Floor to Visitors. Mark Tomaski, 448 Snapping Turtle Court West, spoke in favor of the business with the electric vehicles stating it is a very nice business. He stated their website shows Atlantic Beach in a good light and this is the kind of business we want here. He also discussed the COPS program stating they are quite helpful when out in the community. He further discussed the review for non-elected officials stating it was in a negative context but he was looking at it from both sides. He stated our City Clerk would have nothing but gold stars on her review, so he doesn't believe it is always a negative thing to have these reviews and constructive criticism is a good thing. He stated if there is some way they can work this out so they can have yearly reviews, he believes it is so positive to do so. He understands what the Mayor says when he says do it privately and in the corporate world it is done privately, not publicly. He stated, however, he believes there has to be some public input and some input also from the people who work underneath these managers. Lastly, he stated he believes some people would like to make comments at the end of the meeting as well as at the beginning of the meeting so perhaps it should be both. Bill Mayhew, 1870 N. Sherry Dr., commented on the salary review stating they only said we were competitive regarding benefits. He stated he would like to know what the other cities are paying in benefits. He further commented on compression stating management needs some flexibility in this area. He also stated they should be careful about endorsing a pay for performance plan and should consider going to some type of bonus arrangement. He stated until they get the pension plan under control they are not going to have a satisfactory compensation system because they will be spending too much money. Regarding evaluating people publicly, he stated their basic assumption is that they, as individuals, and the person being evaluated are not mature enough to do it in a respectable way, which is a very negative assumption. He stated he would urge them to reconsider this, stating they can evaluate people publicly and be kind about it, even if it is negative. Paul Gonzales, 780 Begonia, stated he was surprised there was such a restrictive ordinance regarding boats here. He stated they don't live in a covenanted neighborhood with a homeowners' association so they believe they should be able to work something out where they can park those boats. He stated if they had room on their lots they would be happy to pull them Minutes—City Commission Workshop July 22, 2013 Page 13 to the side, but they don't. He stated if the Commission would ask Code Enforcement to back off while they are looking into this it would be appreciated. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. Commissioner Daugherty pointed out that they have two vacancies coming up for Code Enforcement Board and they only have two applicants. City Clerk Bartle stated only one has confirmed. Commissioner Daugherty stated if they know anyone they believe would be a good applicant and would be interested in volunteering, please ask them to apply. He also stated the City's trash contract is coming up in July 2014 and he believes they should put it out to bid soon rather than waiting. There being no further discussion by the City Commission, Mayor Borno declared the meeting adjourned at 10:24 p.m. Mike Borno Mayor Donna L. Bartle, CMC City Clerk *Formal action(if needed)will be taken at the Commission Meeting of August 12,2013. MINUTES OF THE BUDGET WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN COMMISSION CHAMBERS ON THURSDAY,AUGUST 1, 2013 AT 5:00 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 Nelson Van Liere, Finance Director Donna Kaluzniak, Public Utilities Director Rick Carper, Public Works Director Timmy Johnson, Recreation and Special Events Director Donna L. Bartle, City Clerk The meeting was called to order at 5:03 p.m. by Mayor Borno. Budget Overview (Handout: Budget Overview, which is attached and made part of this Official Record as Attachment A) City Manager Jim Hanson explained the workshop schedule and the items to be discussed at each meeting. He also explained the need for a shade meeting and suggested having it prior to the August workshop. He gave an overview of the budget, explaining the need to understand the long-term economic downturn that has occurred since FY08; property taxes and Intergovernmental revenues in General Fund are down; pension and health insurance costs have increased; and transfers into the General Fund have increased in order to help offset some of the changes. Mr. Hanson reported the personnel count has dropped by 5 people since 2008, but we will keep the same number of employees as we have in the current year's budget. Mr. Hanson explained the shift in funding from Capital to Operations explaining the General Fund Capital was $569k in FY08 to $464k in FY14; General Fund transfers to Stormwater Fund $460k in FY08 to $0 in FY14 and Gas Tax Contribution to General Fund $0 in FY08 to $73k in FY14. Mr. Hanson reported the Pension and Benefit Reform Savings in FY14 on Pension Defined Benefit Plan, Pension Defined Contribution Plan, Annual Leave Sell Back, Terminal Leave Sell Back, Reduction in Leave Accrual and Longevity Pay Elimination. He explained the FY14 budget is $240,000 less than it would have been. Mr. Hanson explained the philosophy and benefits of conservative, long-term budgeting. He explained the conservative points such as use of fund balances, no fast economic recovery, and operating fund reserves minimum of 25% and the long term points such as 10-year plans for all operating funds, capital planning for water, sewer, storm water,parks projects and maintenance projects each year. Mr. Hanson explained the Strategic Priorities that are included in the budget such as Reuse Construction, Marsh Master Plan Projects (multiple years), Parks Master Plan, New Sidewalk for Sturdivant Ave., Storm Water Master Plan Projects (multiple year projects), Going Paperless and Videotaping of Meetings (done in FY13 budget). Minutes—City Commission Budget Workshop August 1,2013 Page 2 Mr. Hanson pointed out items that are not in the proposed budget such as raises or pay plan adjustments, additional tipping fees, Police Building, Mayport Corridor business crosswalks, city limit signs, and business incentives. He added that no rate increases are being proposed in the budget. Mr. Hanson explained the total revenues and expenses are down from the current year, reporting revenues for FY12 at $34.7 million, FY13 at $27.7 million and FY14 estimated at $27.5 million; and expenses for FY12 at $30.0 million, FY13 at $26.3 million and FY14 estimated at $27.8 million. Public Works (Handout: Public Works Budget FY 2013-2014, which is attached and made part of this Official Record as Attachment B) Public Works Director Rick Carper stated that Public Works Administration, Streets, Fleet Maintenance, Parks Maintenance and Beautification, Sanitation and Stormwater make up his budget. He explained the main items in his budget, broken down by Funds: General Fund includes Streets and Maintenance — City buildings, ROW & Town Center maintenance; and Parks includes maintenance of green space, parks, playgrounds, color spots, beach cleaning, reconstruct Russell Park tennis courts 1 &2 and Parks Master Plan. Commissioner Woods asked staff to consider using the same surfacing materials that the City of Jacksonville Beach recently used in the reconstruction of their tennis courts. She said it was a more desirable surface by the tennis players. Mr. Carper stated he suspects the cost would be greater, but did not have a figure available. Mr. Carper reported and answered questions on the following Parks projects: ICW Parks Master Plan- Design and Permitting for Dutton Island kayak launch and overlook and W. 6th Street overlook and Design and Permitting of Preserves Multi-Purpose Path; Veterans Memorial Park- Phase 1 complete; fundraising for Phase 2 (Chaplains Memorial Garden) underway; no City funds in proposed budget; Rose Park- Construction bid is substantially over project budget —project downscoped to meet funds available. Additional funding to be discussed: Add ADA compatible Playground - $40,000; Add paved parking- $20,000; Add Water Feature (Splash Park) with restroom - $160,000 - $210,000; and Add pervious parking at Dog Park$10,000. Bull Park Gazebo- (supplemental project list)- $40,000, proposed modification to existing Memorial Circle to provide a covered area for ceremonial (weddings, etc.) and event use (Songwriter's Night), and would include relocating Medjool Palm to elsewhere in park (or replacing). He showed photo examples of gazebos as he explained the idea for Bull Park. Mr. Hanson pointed out that the Convention Development Fund (Bed Tax) is designated as the primary source for City matching funds for Marsh Master Plan Projects. Convention Development Fund (Bed Tax) Mr. Carper referred to his tables titled Marsh Master Plan Long-Range Capital Plan as he reported information on the Fiscal Year, Project Name, Cost, Grant Funds and City Funds for each of the following projects: Construction Phase 1A of Marsh Ped Path; Construct Kayak Launch and Overlooks; Design and Permitting of Marsh Ped Path; P1 Trail - Tideviews to W. 6th St.; P2 Trail - Levy to Dutton Island Rd.; Overlook/Kayak Access; 14th St. Overlook/Access; P3 Trail - W 6th to Plaza; Tideviews Pond - Trail; Dutton - Overlook Extension; P4 Trail - W. Plaza to Levy; W. 9th St. Overlook; W. 3rd. St. Overlook; Dutton Overlook; Pavilion Begonia Pond; Dutton Concession/Bathroom - South Launch; and Fishing Platform and Access improvements. He indicated Minutes—City Commission Budget Workshop August 1, 2013 Page 3 that the numbers should be 50/50, so he believes there are errors on the figures shown in his handout. Mr. Carper and Mr. Hanson answered questions regarding these projects and the funding. Mr. Carper outlined the proposal to build the Marsh Master Plan Trail over the next five years in four different phases. Commissioner Daugherty expressed a desire to get it built much sooner if grant funding were available. Stormwater Utility Fund Mr. Carper explained and reported the costs for Planned Capital Improvements including East Coast Drive Drainage Improvement - $360.00, Drainage Upgrades - Salt Air Neighborhood-swale reconstruction - $250,000, Drainage Upgrades - Seminole Road South End - $240,000. During the report on Drainage Upgrades to the Salt Air Neighborhood, there was a discussion about the need to survey the residents that would be affected to find whether or not they support the swale reconstruction which would cause for major construction in the front yards of many of them. Discussion followed about the desirability of upgrading the project to a curb and gutter system with piping and construction of a new drainage pond. Discussion followed about total cost, and possible assessments to the property owners for their share of the cost. Commissioner Daugherty was asked to prepare cost comparisons in that same neighborhood with and without curb and gutter. Staff is to follow up on this discussion with the previously obtained cost estimates on a per resident basis and report back to the Commission. Mr. Carper also reported on his request for a drainage design for Francis Street from Donner Road north to Dutton Island Road, noting that he expects the cost to be around $300,000 to $400,000. Mr. Carper explained that the following Stormwater Utility projects are on the Supplemental Project List and are not included in the proposed budget. East Coast Drive Streetscape additions —to expand Town Center appearance to East Coast Drive and Ahern - $65,000 noting there is a potential for financial participation by Town Center Agency/Businesses; Seminole Road Streetscape Additions - $250,000; and Robert Street Ditch - $180,000. Discussion ensued regarding the Robert Street Ditch. Mr. Carper indicated that DOT said if the City wishes to go forward with the project, they will research and consider cost sharing. Commissioner Daugherty inquired into passing a Resolution asking our representative on the state level to consider this for action. Mayor Borno suggested developing a good description of what the real problem is, what the resolutions are, and who the parties involved are and talk to them then, and if they need a resolution, that would be the time to support their actions when they are doing legislation, if they are willing to put it on the legislative list. Commissioner Daugherty reiterated that the Commission should send something officially asking our State representatives to consider it for action. Commissioner Woods suggested doing what the Mayor said, get the proposals done, have Mr. Carper approach D.O.T. for cost sharing and think about it for the next budget. A question was raised about a previous estimate of $100,000 for this same project. Staff was asked to follow-up on the question of the two different budget figures. They agreed to work on the details this year and put the money for it in the next budget. Mr. Hanson referred to the chart on page 114, titled Storm Water Utility, and the table on page 115, titled Long-Term Financial Plan Financial Projection Summary, as he explained details and answered questions on the Storm Water Utility Fund including amounts for Personnel Services, Operating Expenses, Debt Services, Capital Outlay, Transfers and Revenues. Commissioner Beckenbach requested that staff put text boxes on the drawing to show the various capital projects as well as where the revenue sources come from and how much we are spending. Minutes—City Commission Budget Workshop August 1,2013 Page 4 Sanitation Fund Mr. Hanson referred to the table titled Tipping Fees Claimed by COJ and reported the amounts the City of Jacksonville claims we owe regarding tipping fees on Garbage, Commercial, Yard Waste and Sludge. Discussion ensued and he answered questions regarding the tipping fee issue. There was also a discussion about the timing for taking RFPs for a waste hauler beginning in the summer of 2014 when the current one is due to expire. Commissioner Woods asked that the City consider getting a price for curbside hazardous waste pickup. Mr. Hanson referred to and explained the chart titled Sanitation Fund (also page 112 in the proposed budget) which shows amounts for Personnel Services, Operating Expenses, Capital Outlay, Transfers and Revenues. Gas Tax Fund Mr. Carper explained the Resurfacing Program and noted the proposed budget includes $300,000, which is the same as last year. He reported last year's Overall Condition Index (OCI) score of 73.6 since inspections are still in progress for the current year, but suspects the score to be right there or slightly better once it's completed. He explained that each year he drives every street in the city and gives them a grade. Commissioner Daugherty explained the advantages of having a third party score the roads and suggested that staff look into what the cost would be. Mr. Carper referred to and explained the map showing the City Street Resurfacing History since 2005 and the table titled Pavement Management Rougue's Gallery. He indicated it has taken 11 years to do about half our streets. He explained a newly constructed street should last 30 years, but if you do a good resurfacing job you should get 15 to 20 years out of it. He answered questions from the Commission. (Mayor Borno left at 7:48 p.m. and returned at 7:50 p.m.) Mr. Hanson referred to the Gas Tax Fund chart (also on page 110 in the proposed budget) as he explained the Operating Expenses, Capital Outlay, Transfers and Revenues and answered questions. He explained the options for using the funds. He explained that the pay plan as recommended will take about $200,000 in the General Fund which is where 75% of the salaries are so you have to come up with that from somewhere. He recommended not trying to come up with it in fund balance because you don't want to spend one-time money on a recurring expense. He explained that the city employees need a raise and offered a way to free up some of the money from this fund and transfer it to the General Fund to be used to pay for it. Community Development Block Grant History Mr. Carper explained the Community Development Block Grant (CDBG) and reported the typical projects have included sidewalks; park improvements including restrooms, playing fields, parking and shelters; septic to sewer conversions; minor drainage projects and water and sewer main installations. Mr. Carper reported on the status of current and further CDBG projects. Half Cent Sales Tax Mr. Hanson reported there was an error on page 116 in the budget book so he requested that they replace that page with the one he distributed tonight. Mr. Hanson referred to the chart titled Half Cent Sales Tax as he explained the Transfers, Operating Expenses, Capital Outlay, and Revenues. He answered questions and explained what the money in the Half Cent Sales Tax Fund can be used for. Minutes —City Commission Budget Workshop August 1, 2013 Page 5 (Commissioner Daugherty left at 8:09 p.m. and returned at 8:13 p.m.) Supplemental Project List- Mayport Corridor Improvements Mr. Carper explained and reported the costs for the items on the Supplemental Project List relating to the Mayport Corridor which are decorative crosswalks, welcome signs, FRA fountain project, art for Atlantic Boulevard overpass and landscape matching program. He showed photos of where welcome signs could be put at the flyover median and in the first median north of Atlantic Boulevard. Supplemental Project List - Public Works Mr. Carper referred to various slides/photos as he explained and reported the costs for the items on the Supplemental Project List relating to the Public Works which are welcome sign on Atlantic Boulevard, emergency generator for Public Works, pave Stewart Street, East Coast Drive streetscape and Seminole Road streetscape. He explained the welcome sign was designed by Tat Chan eight years ago and the cost was estimated at $100,000 back then. A proposed project to install street side parking and bioswales was discussed. The outcome of this was that Commissioner Woods and others asked that, if this was to be funded, it should be redesigned to eliminate the on-street parking and bioswales and use the remaining right-of-way instead for a street-widening project which would allow for the installation of bike lanes on either side (in addition to the ped path). (Commissioner Beckenbach left at 8:37 p.m. and returned at 8:41 p.m.) Recreation (Handout: Department of Recreation and Special Events, which is attached and made part of this Official Record as Attachment C) Recreation and Special Events Director Timmy Johnson explained staffing in his department consists of three full-time employees which includes a director, administrative assistant, and recreation leader; one part-time employee which is a recreation leader; and one seasonal employee who helps out in the summer with a food program. He indicated that since there is a small staff, they rely on volunteers to assist them with programs. Community Centers Mr. Johnson reported the various community centers and the uses for each. Adele Grage: Department of Recreation and Special Events Offices, wedding permits, parties, receptions, memorials, meetings, art exhibits/Art Walk Reception, public computers and Atlantic Beach Experimental Theatre (ABET); Donner Community Center: after school program, tutoring/homework assistance, art projects, summer camp/lunch program, field trips, tennis, flag football, Octoberfest, Angel Toy Party, parties, facility rental for receptions, showers, special events, etc.; Jordan Community Center: tutoring, homework assistance, afterschool program, parties, games, Habitat for Education program, rentals for receptions, meetings, showers, etc., and park rentals for special events. Cultural Arts and Recreation Advisory Committee Mr. Johnson referred to the list of events that the Cultural Arts & Recreation Advisory Committee (CARAC) coordinates which includes Acoustic Nights, Songwriters' Concert, Arts in the Park, Tennis Tournament, 5k Fun Run, Fitness Program, Artisan Faire. They are also responsible for disbursing funds to outside agencies. Minutes—City Commission Budget Workshop August 1, 2013 Page 6 Funding to Outside Organizations Mr. Johnson explained the funding to outside agencies totals $40,320 and includes Atlantic Beach Elementary School - $15,000; $5,820 (grass cutting); Mayport Middle School - $13,000; Beaches Resource Center - $2,000; Dial-A-Ride - $1,500; and Beaches Fine Arts - $3,000. Commissioner Daugherty reported a request from AB Elementary School for the City of Atlantic Beach to fund the installation of a new bike rack for $800. This was in addition to the $15,000 already put in the budget for their after school program subsidy and the $5,820 to subsidize landscaping and grass maintenance activities. Discussion was held about the possibility of having their PTA group fund that instead of the City. City Sponsored Events Mr. Johnson referred to and explained the list of City-sponsored events which included Shakespeare in the Park, Wild Wonders, Bowl Bash, Mid-Week Market, Movies in the Park, Family Fun Day/Campout, Angel Tree and Tree Lighting. 2012-2013 Events in Review Mr. Johnson showed a chart showing the rentals and usage of Adele Grage Cultural Center, Donner Community Center, Jordan Community Center, Bull Park, Donner Park, Dutton Pavilion, Howell Park, Johansen Park, Jordan Park, Russell Park and Veterans Memorial Park. He also explained the chart showing the number of beach permits, Dutton Camp, weddings, and others and answered questions. Other Items Commissioner Woods asked that the City consider the use of the funds received from the sale of 765 Sabalo Road to be put towards a pocket park that would be located in the new Beaches Habitat development that is being planned for the old Palms Apartments property at the intersection of Mayport Road and Atlantic Boulevard. There being no further discussion by the City Commission, the Mayor declared the meeting adjourned at 9:04 p.m. Mike Borno Mayor Donna L. Bartle, CMC City Clerk ATTACHMENT A 1�r +4� Budget Overview August 1, 2013 Workshop Schedule Workshop 1 ; August 1, 2013 • Budget Overview • Public Works • Other Subjects as Time Available Workshop 2; August 6, 2013 • Utilities • General Fund Revenues • IT/Enterprise Software Upgrade • Other Subjects as Time Available 2 Workshop 3; August 13, 2013 • Police Department • Half Cent Sales Tax Fund • Employee Pay and Benefits • Final Subjects Not Covered • Commission Discussion --fie Workshop 4; August 2292013 • Commission Discussion • Final Amendments to Proposed Budget Long Term Economic Downturn • Property taxes $5.4 million in FY08 to $5.0 million in FY14 • Intergovernmental revenues in General Fund $1.8 million in FY08 to $1.6 million in FY14 • Pension costs increased from $767k FY08 to $1.579 million FY14 • Health Insurance Costs $633k in FY 08, $854k in FY14 • Transfers into General Fund $400k in FY08 to $1.0 million in FY14 Personnel Count FY08 154 FY 13 149 FY 14 149 Shift in Funding from Capital to Operations • General Fund Capital $569k FY08 to $464k FY14 • General Fund transfers to Stormwater Fund $460k FY08 to $0 FY14 • Gas Tax Contribution to General Fund $0 FY08 to $73k FY14 Pension & Benefit Reform Savings in FY 14 FY14 w/o FY14 Saving$ change$ w/changes Pension DB Plan $1,700,539 $1,533,680 $166,859 Pension DC Plan $0 $55,230 -$55,230 Annual Leave Sell Back $129,180 $0 $129,180 Terminal Leave Sell Back NA NA Reduction in Leave Accrual NA NA Longevity Pay Elimination NA NA $240,809 Conservative, Long Term Budgeting • Conservative ► Use of fond balances ► No fast economic recovery ► Operating fund reserves minimum 25% • Long Term 11.-10-year plans for all operating funds Capital planning for water, sewer, storm water, parks projects Maintenance projects each year Strategic Priorities Included in Budget • Reuse construction • Marsh Master Plan Projects (multiple years) • Parks Master Plan • New sidewalk; Sturdivant Ave • Storm Water Master Plan Projects (multiple year projects) • Going paperless • Video taping of meetings (done in FY 13 budget) 6 What's Not in Budget • Raises or pay plan adjustments • Tipping fees (additional fees) • Police Building • Mayport Corridor business crosswalks, city limit signs, business incentives Total Revenues and Expenses: All Funds Revenues Expenses FY 12 $34.7 million $30.0 million FY 13 $27.7 million $26.3 million FY 14 $27.5 million $27.8 million ATTACHMENT B PUBLIC WORKS BUDGET FY 2013-2014 PW ADMIN STREETS FLEET MAINTENANCE PARKS MAINTENANCE and BEAUTIFICATION SANITATION STORMWATER GENERAL FUND * Streets and Maintenance — City Building, ROW & Town Center maintenance. *Parks — Maintenance of green space, parks - playgrounds, color spots, beach cleaning. • Reconstruct Russell Park tennis courts I & 2. • Parks Master Plan. 1 PARKS • Parks Master Plan • Develop inventory of existing parks facilities and / equipment • Public input regarding additional parks services and amenities • How to pay for these added amenities. Parks Projects • ICW Parks Master Plan Design / Permitting for Dutton Island kayak launch and overlook and W. 69" Street overlook Design and permitting of Preserves Multi-Purpose Path ▪ Veteran's Memorial Park Phase 1 complete; fundraising for Phase 2 (Chaplains Memorial Garden) underway; no city funds in proposed budget 2 Parks Projects (cont) Rose Park- Construction bid substantially over project budget- project downscoped to meet funds available. • Additional funding to be discussed: Add ADA compatible Playground --$40,000 Add paved parking--$20,000 Add Water Feature (Splash Park)with restroom-$160,000 - $210,000 Add Pervious parking at Dog Park-$10,000 Bull Park Gazebo (supplemental project list) - $40000 • Proposed modification to existing Memorial Circle to provide a covered area for ceremonial (weddings, etc.)and event use (Songwriter's Night). • Would include relocating Medjool Palm to elsewhere in park(or replacing). Supplemental Project List 1 q # '_ 41 4r tic. LL r� ft 4 •A Bull Park Gazebo (examples) 3 Convention Development Fund (Bed Tax) Resolution 91-5 authorizes use of funds to acquire and develop municipal parks, lifeguard stations and / or athletic fields or to promote tourism at the beaches. Designated as Primary source for City matching funds for Marsh Master Plan Projects MARSH MASTER PLAN LONG RANGE CAPITAL PLAN FY 12-13 Construct PH 1A $34,000 $17,000 $17,000 of Marsh Ped Path FY13-14 Construct Kayak Launch $223,000 $128,500 $94,500 and Overlooks Design and $150,000 $75,000 $75,000 Permitting of (COJ) Marsh Ped Path 4 MARSH MASTER PLAN LONG RANGE CAPITAL PLAN (continued) .91IPTirommli City Fund 14-15 P1 Trail; Tideviews to $315,000 $157,500 $157.500 W 6th St. FY 15-16 P2 Trail; Levy to Dutton $200,000 $130,000 $130.000 Island Rd. Overlook/ Kayak $30,000 Access 14th St. Overlook/ $30,000 Access MARSH MASTER PLAN LONG RANGE CAPITAL PLAN (continued) FY 16-17 P3 Trail; W. 6th to Plaza $170,000 $130,000 $130,000 Tideviews Pond,Trail $90,000 FY 17-18 Dutton; Overlook $75,000 $130,000 $130,000 Extension P4 Trail; W.Plaza to $150,000 Levy W.9th Si. Overlook $35,000 MARSH MASTER PLAN LONG RANGE CAPITAL PLAN (continued) FY 18-19 W.3rd St. Overlook $28,000 $14,000 $14,000 Dutton Overlook $75,000 Pavilion $105,000 Begonia Pond FY 19-20 Dutton Concession/ $175,000 $1 02,500 $102,500 Bathroom;S. Launch Fishing Platform and $30,000 Access Improvements Stormwater Utility Planned Capital Improvements Stormwater Long Range Plan ❑FY 12-13 - East Cost Drive Drainage Improvement - $360,000 a FY 13-14— Drainage Upgrades -- Salt Air Neighborhood--swale re-construction - $250,000 LI FY 13-14— Drainage Upgrades -- Seminole Road South End —$240,000 FY 13-14 Request — Francis Street Drainage Design 6 Stormwater Utility u Supplemental Project List East Coast Drive Streetscape additions—to expand Town Center appearance to ECD and Ahern -$65,000 u Potential for financial participation by Town Center Agency/Businesses Seminole Road Streetscape Additions -$250,000 Roberts Street Ditch -$180,000 (not on list) Storm Water Utility Fund 2 _ _ 0 0 z 1 ��ti 4 t IS`DF 4 Ohl 1 $ 44? Q '11, 11' 4�` �ti X41 44` 441 41 41 4.1) � �� .� X41 X41 tmpers0nnel Services imOperating opebt iCapital 1Transfers -+-Revenues 7 Tipping Fees Claimed by COJ Garbage $145,257 $143,375 $288,632 Commercial $125,585 $116,701 $242,286 Yard Waste $36,223 $28,812 $65,035 Sludge $90,740 $57,987 $148,727 Payments -$44,873 -$50,907 -$95,780 Made Total $352,932 $295,968 $648,900 Sanitation Fund 3,000 — 2,000 00111111111111 2,000 1,500 1,000 500 0 CI CAI, is, Nt ®M4 4,N`\ �Ng) 4 ‘1:%* 4� Personnel ServIcas Operating IMCapital =Transfers +Revenues 8 Gas Tax Fund Resurfacing Program • FY 13/14 - $300,000 budget proposed: i Overall Condition Index (OCI)— 73.6 (Very Good (2012 score—inspections still in progress for current year) Score has been maintained in 71-74 range since completion of Core City Project related resurfacing. • Current year paving completed. City Street ` fl _, , Resurfacing � :�� w ` i History - , Since 2005 i g� 4,4 1 1 - r- : ..---0 1 21111ormly i�, i!1 - ,`' it 9 PAVEMENT MANAGEMENT ROUGUE'S GALLERY Street Name Starting Point Ending Point OCi Pine Street Atlantic Blvd. Dead End 38,33 3rd Street Ocean Blvd Beach Ave 40.83 Oeeanforest Drive W. Oceanforest Drive N. Oceanwalk Drive S. 42.08 Saturlba Drive Seminole Road Park Terrace West 42.00 Solve Marina Drive NB Seminole Road Saturiba Drive 42.09 David Street Seminole Road Past Sylvan Drive 42.50 Oceanwatk Drive S. Seminole Road Oceanwalk Drive W. 42.50 Violet Street Levy Road Cul-De-Sac 42.92 Magnolia Street David Street Sturdlvant Avenue 43.33 Mary Street Stewart Street Dead End 43.33 W.Plaza Drive Orchid Street Mayport Road 46.25 Beach Avenue 16th Street 18th Street 46.67 Orchid Street Levy Road W.Plaza Drive 46.67 Stocks Street Levy Road Cul-De-Sac 46.67 W.6th Street Begonia Street Main Street 46.67 W.9th Street Camelia Street Begonia Street 46.67 Mealy Street S. Stewart Street Cul.De.Sac 47.08 Dutton Island Road W. Park Gate End of Asphalt 47.92 Jasmine Street W.6th Street Cul-De-Sac 48.33 'Streets in Red paved this year Gas Tax Fund w 600 - ry6 F i O = 500 — -_ 400 300 . 200 100 0 . - N '' ^' `°` r� co 'A ' '03 o b'* a` PN (19N 1551 15►` ` x` quti o 4r ns =Operating =Capital =Transfers -0-Revenues 10 Community Development Block Grant History • "But for. . ." Criteria used in past. *Typical projects have included: m Sidewalks • Park improvements, including restrooms, playing fields, parking and shelters • Septic to Sewer Conversions • Minor Drainage Projects • Water and Sewer Main Installations CDBG Projects in Current year project to add sidewalk on Dutton Island Road delayed because of stormwater issues. • Next year's project — final phase of Donner Park improvements — baseball field upgrades. • Possible future years — Francis Street Drainage and Projects from Parks Master Plan Study Half Cent Sales Tax 900 — - 800 700 Ilk 600 500 400 g 300 - a 2 200 r 100 0 e iziNi-h (+et °Z)N(') e 4,4N (,15) csrvN 41' 01(5 Transfers Operating MICapital -4-Revenues. Supplemental Project List Mayport Corridor Improvements Decorative $100,000/$20 FDOT Maintenance requirement Crosswalks -33K 1 Yr Welcome Signs $11,000 Dutton Island Rd (SB), Flyover Ramp(FIN B), Southern Island under Flyover (NB) FRA Fountain $7,5001$1,500 Add decorative, lighted fountain Project to pond at W.4th/5th Street. FRA $2,500 donation. Art for Atlantic $8,000 (est.) Details in Planning Discussion Blvd Overpass Landscape $01$10,000 Details in Planning Discussion Matching Program 12 r r if e, v • r 1L0c 1. t •:� ,*. k. r. ,'Ark !d Illi& 7- $ iimi _ 111111 v ,t ' " ' y 1 "'°'� ter.- - - ;, X '411111P. Supplemental Project List Public Works Welcome Sign $100,000 Tat Chan Design Atlantic Blvd Emergency $50,000 Portable generator to provide Generator for power for long term outage. Public Works Pave Stewart $35,000 West of Main St. -only platted, Street residential street not paved. East Coast Drive $65,000 Planning level estimate— paver Streetscape walks, streetlights, etc. to match Town Center decor. Seminole Road $250,000 Planning level estimate—paver Streetscape parking, streetlights, bioswales, etc. 13 E L lI E CONGCPTUAL STUDY ROR THE AT.IN E VYE ILC 4IN...® 01[3 H---� I = 4 II' I 1 r.I *. [.sl rll fs.ey • 1 1 Es- k -c'1, 'lI f -'f ri . r1 a,..4' _ .. Tag 1 • �I *� y ,� �I I Cr... IJ s1 EAST COAST DRIVE I AHERN STREETSCAPE }I I 'I.I.4 1 lawnf. IP .,. II r iPIN. � 'i � +II 1 ._° y y,� IMF ylPaiM�' I h1..1 },_,..xlkwii x{_a•..r tt sS( , as..10 4-v-- .�b..E.t i m ' i C y.rat �. ST pl4 Il �� Ir ,_„,„t m�s - w�.rf _ 4,.A — _ =— y' 1 III •i me, y, pwT LH ) g lrnl6r..s ` ' I 1 nc Pe,1u,4 •A \ : • l '' ,1r y : l � '. ( P� 'F 4� It I.1! ..t..'sil • w ! 4 • ,' 1111111„1 " `} :::. ;•w VA '? _ r•c Cl a, Bo.IC �,I Ve - "Iac-I:EIpol4.�. p , ae1 ' crQSa..ri+,S I k I tl .3, ...r ,rte. , _•- Lrl, .1,,1{_!-�1_ 44T n G. '.I s`�". CCI, ;. ? j'1.4�'..— . 3,v 41 i r?P.AF./RA/t1w! i • Plq.9L�iJfr 14 Seminole Road Possible Streetscape `typical Section I • 'I • I nwv�incfi i�;re 0100.1111 wmw 111141 I nxrLNwL Intl , _e " ° _ – — -. _ - • MuL� .u41114.4. 4MIIf Il'T1451TLLNL Jr 11N419•uM - • Plant W (Overhead) , " 9 4401 ii,./ View 'et, 1 / P Possib9e addition >:0 y' of on-street ' '' $t-P,!t 1, . parking ;r . # ryry ;;, , K-. Fl . }fit' ;: . y t YI Ni le� I f 15 •t•'- 'it 12-1,1A-'1 )•1. t , • ..• ..-.- L" litli 11.'-r''la' .. ..._, , ., -- _ , _____ -, . , iiir ..1,1 !l''''. .0. --,:--.--,-,1-,■:--,----24.141104, - _.-7..,r.... '•-!'',':' .,•;-*..', ' i kahr+S.1, `, ..7'77---t." 74=FAE:C10=2I''''''''' 3:. 7M.,, "111.,. ,,,.". 1'‘.-I'il k•.4,••',.1'V!. 4 i 1 . , . t T ,• .-,...,,,,,: ., . , , i •t• / I, . 1! Ai I ' -.. • , ,I . iiii.,A,:1:, •-• ...„4,1.- -,,,,-■"1 .' -..4. •'11 t ' , .g..... . . , ■ _ ..... ,.' Streetscape options — decorative lighting and 1 crosswalks BIOSWALE W/ SOD — •.. -i.: ,,,•.-. ..we,.:.,-.7, _ . ; . . ,..„_.*_!, , yrt,,,.-t.',.•`4,. , ,4,-._ , :40 . ...,, - •,-,..-, ,t e , ..--,4 •::•••••,:t, -,... .:...io-:;,,}L it n'.- • 1 .''' ' •'; . 12, . .,.. . ... _ - i r;,L,•t, - - .-411. , . .•.: '' '. . . )-_,,,l_.*•_7-_ -,-7- _- - - -,..,_ . •_ . _ _ _---- - Al „.„___--, ,, ,. ,?,',:y-,`0•;;;;I:11,,e•,`iti'-'W,6 ,- -y ._ . , .., • ••__ •,x•,..,s-.4;ekre. .-11,., t ILf,,, , - . it ..,..:1./.:4,'„,' , 16 i t...Y4.' , ,a r.' .'r -11.' (.'4 rr. Frig iii 1 r i 7 ; I ._,I ,R r , 1 ti o t w ;t.r, '• +�, v., • Il _ _ A - i Yid -s ,.1,.r- -M/Rr, 'ik. - , ,, -,, 11 T'72411P.114 .. r 1 � y �y1 i,orcir, c• E. In Portland,Oregon,rain I9 I ' , ' ' gardens are a part nfthe j�11 IRIIIILI IA` E- ;- streetscape.They treat t'',1, i,1. ' ___ starntwater where it falls cl"1° - 1 and beautify neighbor- F hoods. Photo:ANIM , i 17 '' -il.�P ;a NP.Pi 4IV bR T ,®r •-c.4, ,` I ns• _ '' v',°..p rr..t df.: bleu§� ' Psr..'. j, ��ff,�, fi'_ F �. .fie ° . 1'„., rah • . . rr r P v ' , J''t r ++ , plre;� �•� � n 0 . 99 I /' NV74 sly 31B 14,.' 1 fi fPT�&iJ _ ` rl 18 ATTACHMENT C t � iy; fi i ,r . Department of Recreation & Special Events Timmy Johnson, Director Della Giovanni,Administrative Assistant Gail Baker, Recreation Leader Dee Davis, Recreation Leader(part time) • "Social and Cultural Capital:Investing in our Families and cnor I uturc,. COMMUNITY CENTE . S Adele Grage: • I. •Department of ecreat an & Special Events Offices 'Wedding Permits *Parties , - *Receptions ,�� 'Memorials !+' ' 'Meetings ,_--44P-.01 '� -Art Exhibits/ArtWalk Reception - 'Public Computers 'ABET 1 Art Pr( Camp;Lunch Program � , �' - Field Trips Tennis l " Flag football OctoberF'est 'x Angel Toy Party Parties Facility Rental for Receptions, Showers, Special Events, etc. Jordan. (Al - Tutoring - _ llorne wurl( Assistance ' Aft:c r sclioul Program P'', i 1 Parties Canes Habitat for Education Program Rentals for Receptions, Meetings, Showers, etc. Park Rentals for Special Events coodittee ttAll 'i-rie&4si(C.F C} $oYY ' 0 - I14l:r:"'^ - Cti tstots 1 ' ,.*','<.' tifjk' "),„.r -.7 , . i .,1a�i1�'�y�Copper k' ; ,. rVi,, #„", ''' ..;,,p,w di( --77;„,-'' i t .• . v ..air , . :cuam \ri.,n Vi-are w 11s,,rsee tunas to prieLtc art., tiita tians .� N N( Imo_ -y - -- TO OUTSIDE ORGANIZATIONS P lantic Beach Elementary School -$15,000$5,820 (grass cutting) yport Middle School - $13,000 caches Resource Center- $2,000 ial-A-Ride-$1,500 eaches Fine Arts-$3,000 Total: $40,320 3 J Shakespeare in the Park I .f. ► I o Wild Wonders �y I BMW Bash "(' #! wl =; Mid-Week Market Movies at the Park 1 r Family Fun Day/Carnpaut• `' . Ili Angel Tree 0 Tree Lighting 2012-2013 EVENTS IN REVIEW 9 a 7 .6 '1 WNW 1.111Ce' s d 1 . 1,, L [ •J��RtSAN CC a , L L _ ___ OCT NOV REC JAN FEB MAR APR MAY IUN IUL AUG SEPT B _ UL1 Bd< I' •,?lE•JON PO. - A I!I,r'1'iII.1,C'I{ ' H L _ L t i". HH IIILini.. _.J - 1 - - I A I NOV DEC JAN FEB MAR APR MAY JUN JUI. AUG SEPT I 4 I ii I41-^�t l:I'I-1;111 -- - - ■IIUIl)N CAMP r -- - WI DIJINUS 1 I 6� I nc l i•!n1° 1)11 1.1v ?I.f rilrlia. AI'R AI\V JUN 1111 MY; SE.l'r 1} City of Atlantic Beach AGENDA ITEM#4A SEPTEMBER 9,2013 FINANCIAL REPORT July 2013 Cash Balances Prior Current Dollar Percent Fund(s) 06/30/13 07/31/13 Change Change General $6,908,012 $6,912,273 $4,261 0.06% Tree Replacement 6,493 6,493 0 0.00% Convention Development Tax 64,287 81,853 17,565 27.32% Local Option Gas Tax 246,695 (25,963) (272,659) -110.52% Better Jax 1/2 Cent Sales Tax 313,112 345,925 32,813 10.48% Police Training, Forfeiture, Grants, etc. 151,569 154,310 2,741 1.81% Community Development Block&ARRA Grants 190,275 0 (190,275) -100.00% Debt Service 55,482 61,810 6,328 11.41% Capital Projects 2,727,353 2,745,606 18,253 0.67% Utility 5,092,158 5,351,538 259,379 5.09% Sanitation 701,924 723,823 21,899 3.12% Building Code Enforcement 99,598 104,897 5,299 5.32% Storm Water 1,566,469 1,618,039 51,570 3.29% Pension-Police (6,998) 12,239 19,237 -274.90% Pension-General 405,550 2,620 (402,929) -99.35% Total $18,521,980 $18,095,462 ($426,518) -2.30% Total Restricted Cash $7,758,566 Total Unrestricted Cash $10,336,896 Cash and Investments Annual Prior Current Dollar Percent Account Yield 06/30/13 07/31/13 Change Change Bank of America-Depository N/A $3,022,076 $2,470,959 ($551,117) -18.24% Guggenheim Floating Rate A 5.02% * 993,861 1,002,832 8,971 0.90% Invesco Floating Rate A 3.91% * 981,927 992,614 10,687 1.09% Loomis Investment Grade Bond A 3.16% * 1,486,397 1,505,306 18,909 1.27% Lord Abbett Income A 4.02% * 1,475,630 1,486,940 11,310 0.77% Delaware Diversified Income Fund 2.76% 1,636,586 1,645,284 8,698 0.53% Lord Abbett Short Duration Fund 2.43% • 1,007,395 1,012,790 5,395 0.54% Invesco Corporate Bond A 2.85% * 1,826,368 1,842,956 16,588 0.91% Pioneer Strategic Income A 3.28% • 1,875,753 1,887,730 11,977 0.64% Legg Mason WA Cash Reserve Fund 0.08% 1,001,616 1,001,684 68 0.01% Nuveen Total Return Bond Fund A 4.66% * 1,934,784 1,956,699 21,915 1.13% MFS Bond Fund A 2.05% * 1,273,888 1,283,971 10,083 0.79% MSSB Money Market/Cash 0.00% 2,206 2,206 0 0.00% SBA-Florida Prime 0.00% 341 341 0 0.00% Cash on Hand 0.00% 3,150 3,150 0 0.00% Subtotal 18,521,980 18,095,462 (426,518) -2.30% Police Pension Investments 7,333,784 7,427,152 93,368 1.27% General Pension Investments 13,009,016 13,573,452 564,436 4.34% Subtotal 20,342,799 21,000,604 657,804 3.23% Total $38,864,779 $39,096,066 $231,286 0.60% * Denotes the 30 day SEC Yield Anualized City of Atlantic Beach AGENDA ITEM#4A FINANCIAL REPORT SEPTEMBER 9,2013 July 2013 Revenues Annual YTD -83.3% YTD Dollar Percent Fund/(Footnote) Estimate of Estimate Actual Variance Variance General (1) $11,102,740 $9,252,283 $9,734,615 $482,332 5.21% Convention Development Tax 70,000 58,333 81,842 23,508 40.30% Local Option Gas Tax 433,655 361,379 342,971 (18,408) -5.09% Better Jax 1/2 Ct Sales Tax 657,738 548,115 553,717 5,602 1.02% Police Training, Forfeiture& Grants, etc. 112,645 93,871 120,403 26,532 28.26% Grants-(3) 108,866 90,722 240,556 149,834 165.16% Debt Service 71,900 59,917 58,487 (1,430) -2.39% Capital Projects 5,000 4,167 (33,260) (37,426) -898.23% Utility-(4) 8,610,929 7,175,774 6,871,542 (304,232) -4.24% Sanitation 1,814,950 1,512,458 1,494,556 (17,902) -1.18% Building Code Enforcement- (5) 282,600 235,500 248,929 13,429 5.70% Storm Water 1,097,430 914,525 902,870 (11,655) -1.27% Pension-Police(2) 1,233,745 1,028,121 797,951 (230,170) -22.39% Pension-General(2) 2,174,392 1,811,993 1,585,941 (226,052) -12.48% Total $27,776,590 $23,147,158 $23,001,120 ($146,038) -0.63% Analysis of Major Variances In general, the major variances are the same as reported in the previous month. Throughout all funds, the variances include a reversal of recent gains in investment earnings year to date due to the sharp decrease in the fixed income bond market. July earnings did help recover some of the June decline. Most other revenue categories are near budget estimates. Other variances by fund are below. (1)The positive variance in the General Fund is again mostly a result of having received property taxes early in the year. The bulk of the receipts came in December as expected. Also contributing to the large variance is the receipt of the donation for the land purchase. (2)The $230,170 negative variance in the Police Employee Pension Fund & the $226,052 negative variance in the General Employee Pension Fund resulted from increases in the market values of the investments being lower than budgeted. (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. Those balances were then used to off-set the funds spent last year bringing the cash balance back to zero. (4) Utility sales were well under budget for Year to Date through July for both Water and Sewer. Base charges are below budget by about 7% and 2% and volume sales are below projections by about 13% in water and 6% in sewer. These are partially off-set by the receipt of a rebate from electric energy savings from JEA of $142,066. Water and sewer volume sales should increase over the summer months. (5) Building Permit fee revenues continue to run about 7% above projections. City of Atlantic Beach AGENDA ITEM#4A FINANCIAL REPORT SEPTEMBER 9,2013 July 2013 Expenses Annual YTD-83.3% YTD Dollar Percent Department/(Footnote) Estimate of Estimate Actual Variance Variance Governing Body $42,645 $35,538 $33,806 $1,732 4.87% City Administration (2) 2,475,244 2,062,703 1,921,118 141,585 6.86% General Government(2) 920,977 767,481 827,001 (59,521) -7.76% Planning and Building 448,160 373,467 336,615 36,851 9.87% Public Safety(1,5) 5,641,550 4,701,292 4,083,693 617,599 13.14% Recreation and Special Events 406,151 338,459 324,365 14,094 4.16% Public Works(3) 6,175,507 5,146,256 4,051,324 1,094,932 21.28% Public Utilities(4) 9,285,889 7,738,241 7,193,114 545,126 7.04% Pension-Police 653,056 544,213 540,857 3,356 0.62% Pension-General 789,485 657,904 779,703 (121,799) -18.51% Total $26,838,664 $22,365,553 $20,091,597 $2,273,956 Annual YTD- 83.3% YTD Dollar Percent Resource Allocation Estimate of Estimate Actual Variance Variance Personnel Services(5) $9,664,784 $8,053,987 $7,573,236 $480,750 5.97% Operating Expenses(2) 10,228,963 8,524,136 7,401,823 1,122,313 13.17% Capital Outlay(1)&(2) 3,096,051 2,580,043 1,559,931 1,020,111 39.54% Debt Service(4) 2,519,412 2,099,510 2,447,863 (348,353) -16.59% Transfers 1,329,454 1,107,878 1,108,744 (865) -0.08% Total $26,838,664 $22,365,553 $20,091,597 $2,273,956 Analysis of Major Variances In general, the major variances are the same as the previous month. Variances are created when the actual funds spent to date are different from the percentage of the budget elapsed to date. They are as follows: (1) The positive variance in the Public Safety divisions is partly due to paying for the fire contract services quarterly to Jacksonville. This is about $249,000 per quarter. The Lifeguard expenses have now been expended but there are some salary budgets unexpended in the police divisions. The budgeted expenditures on the Police Building add to that variance since the project is on hold. —see Project Activity Schedule. (2) The positive variance in City Administration results from various small amounts in Finance, City Clerk and IT for items not yet spent. 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 various contracted service items not fully underway such as the Dutton Island Road sidewalks or the Rose Park project that have not been started. The department has spent about 35% of its project budget—see Project Activity Schedule. (4) The positive variance in Public Utilities results from paying the majority of the annual debt service payments and insurance early in the year creating a negative variance that by this report has been overcome by savings in personnel and operating expenses. Also lower than budgeted capital expenditures year to date has contributed to the positive variance. The department has spent approximately 47% of its project budget. (5) The positive variance in the Personnel Services results 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 June through September. These seasonal expenses are just now affecting the expenses to date numbers. City of Atlantic Beach AGENDA ITEM#4A FINANCIAL, REPORT SEPTEMBER 9,2013 July 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 60,000 DE $ 60,000 $ - $ 60,000 Public Utilities: TMDL-Lift Station/Main Transfer Flow PU0906 9,282 9,282 0 C TMDL Upgrade/Construction-WWTP#1 PU1106 88,762 88,762 0 C TMDL Sludge/Odor Improvements PU1110 15,591 15,591 0 C Water Main- 12th Street at Ocean Blvd/Beach Ave PU1204 36,962 34,121 2,841 C Water Main- 14th& 15th Street at Ocean Boulevard PU1205 201,657 190,620 11,037 C Reclaim Water Plant PU0805 188,115 50,100 138,015 E Rehab of Interior of Tank#1 PU1301 41,500 0 41,500 C Recoat Both Ground Storage Tanks WP#3 PU1303 55,000 0 55,000 C Replace the Water Main on Pine Street PU1304 90,000 8,148 81,852 A Replace 4"Water?Main at Wonderwood and Finegan PU1305 180,000 16,321 163,679 A PT Repair at Lift Station C PU1306 17,000 0 17,000 I PT Repair at West 6th and Stock PU1307 55,000 19,891 35,109 C Repair 24"Effluent Force Main PU1308 86,000 0 86,000 R Repair 12"Force Main PU1309 56,000 0 56,000 R Replace Yard Pump PU1310 18,435 18,435 0 C Sewer Rehabilitation 2013 PU1311 202,300 189,669 12,631 C Subtotal $ 1,341,604 $ 640,941 $ 700,663 Public Works: Marsh Master Plan Signs PM1301 38,700 6,618 32,082 I Marsh Master Plan Project Design PM1303 34,000 29,490 4,510 E Rose Park Development PM1302 225,000 19,750 205,250 A Dutton Island Road Sidewalks PW1301 79,064 0 79,064 E Sidewalk and Curb Replacements PW1302 10,000 6,041 3,959 I City Hall Parking Lot Lights PW1303 32,000 24,896 7,104 C Irregation Improvements Atlantic Blvd. PW1304 4,600 4,600 0 C Sidewalk on West 9th Street PW1305 33,000 25,669 7,331 C East Coast Drive Drainage Improvements PW1306 361,200 17,800 343,400 C Subtotal $ 817,564 $ 134,864 $ 682,700 Total $2,219,168 $ 775,805 $1,443,364 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 JULY 2013 COMPARISION 2012 - 2013 PERMIT TYPE 1 NUMBER OF PERMITS j TOTAL INSPECTIONS YTD 2012 YTD 2013 YTD 2012 YTD 2013 YTD 2012 YTD 2013 SINGLE FAMILY 17 8 $ 1,269,300.00 $12,696,300.00 DUPLEX 0 0 $ - $0.00 REMODEL/ADDITIONS 173 166 $ 2,212,482.00 $2,212,482.00 COMMERCIAL NEW 0 2 $ 700,000.00 $ 700,000.00 , OTHER 1177 , 1338 $ 4,603,245.00 $ 4,603,245.00 I 1 TOTAL 1367 1 1514 $ 14,902,751.00 $8,785,027.00 2490 2975 PERMITS ISSUED FOR THE MONTH OF JULY 2013 NO.PERMITS PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED SINGLE FAMILY 0 $ - $ - BUILDING 132 NEW DUPLEX MULTI FAM 0 $ - $ - ELECTRICAL 60 RESIDENTIAL ADDITIONS 19 1 $ 2,215.00 $ 366,684.00 PLUMBING 62 COMMERCIAL NEW 2 $ 655.00 $ 700,000.00 MECHANICAL 79 COMERCIAL ADDITIONS 1 0 $ - $ - MISC. 81 COMMERCIAL ALTERATIONS i 2 $ 265.00 $ 33,000.00 PERMITS MISC 1 $ 80.00 $ - , TOTALS 414 ELECTRICAL 36 $ 3,069.00 $ - MECHANICAL GAS 3 $ 215.00 , $ - ' MECHANICAL HVAC 48 $ 4,650.00 $ - PLUMBING 29 J $ 2,652.00 $ - ROOFING 22 $ '1,835,00 $ 138,519.00 WINDOW/DOOR 17 $ 1,230.00 $ 69,592.00 DEMOLITION 3 $ 300.00 $ - REINSPECTION FEES 0 $ $ - PERMIT RENEWALS 0 $ - I $ - OCCUPANCY INSPECTIONS 15 $ 1,400.00 $ - PENALTY FEES 8 1 $ 1,370.00 $ - SIGNS 1 $ 65.00 $ - FENCES 8 $ 280.00 $ - y DRIVEWAYS 4 $ 140.00 $ - b z WELL 2 I $ 150.00 $ SIDING 3 $ 455.00 $ 61,000.00 t i ti POOL 1 2 $ 325.00 $ 44,980.00 � TOTAL 225 $ 21,351.00 $ 1,413,775.00 o W y _ AGENDA ITEM#4A SEPTEMBER 9,2013 PREPARED 8/16/13;17:42:47 LICENSE ACTIVITY REPORT BY BUSINESS NAME City of Atlantic Beach NEW LICENSES FOR ALL YEARS BETWEEN:, 07/01/13 TO 07/31/13 PROGRAM OL122L DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION BUS PHONE # BUSINESS ADDRESS 13-00007729 ALESCH CONTRACTING, INC. 7/01/13 NEW GENERAL CONTRACTOR (FIRM/CORP.) 1946 BEACHSIDE CT 904-613-6517 ATLANTIC BEACH FL 32233 • 13-00007730 ALESCH CONTRACTING, INC. 7/01/13 NEW GENERAL CONTRACTOR 1946 BEACHSIDE CT 904-613-6517 ATLANTIC BEACH FL 32233 13-00007758 ARTISTREE STUDIOS, INC. 7/01/13 NEW PAINTING/PAPER HANGING g04 434-2185 1089 ATLANTIC BLVD UNIT 30 ATLANTIC BEACH FL 32233 13-00007732 BIG CITY TREE SERVICE, INC. 7/10/13 NEW TREE SERVICE/TREE SURGEON g04 707-5486 466 STURDIVANT AVE ATLANTIC BEACH FL 32233 13-00007741 BRUSH PAINTERS, INC. 7/01/13 NEW PAINTING/PAPER HANGING 1089 ATLANTIC BLVD UNIT 30 904-343-3536 ' ATLANTIC BEACH FL 32233 . 13-00007762 DONALD A. PADGETT, P.A. 7/08/13 NEW ACCOUNTANCY FIRM/ CORPORATION 447 ATLANTIC BLVD UNIT 05 904-249-1776 ATLANTIC BEACH FL 32233 13-00007763 DONALD A. PADGETT, P.A. 7/08/13 NEW ACCOUNTANT . 447 ATLANTIC BLVD UNIT 05 904-249-1776 ATLANTIC BEACH FL 32233 13-00007784 DWIGHT HOLLER LAWN MAINTENANCE 7/18/13 NEW LAWN/YARD SERVICE 405 ROYAL PALMS DR 904-422-8058 ATLANTIC BEACH FL 32233 10-00007773 FANCY•NAILS, INC. 7/15/13 NEW COSMETOLOGY SALON 363 ATLANTIC BLVD UNIT 10 904-246-7070 ATLANTIC BEACH FL 32233 10-00007774 FANCY NAILS, INC. 7/15/13 NEW NAILS/SKIN CARE (FULL SPECIALIST) 904-246-7070 363 ATLANTIC BLVD UNIT 10 ATLANTIC BEACH FL 32233 13-00007750 FLORIDA FIRST CAPITAL FINANCE 7/08/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS S4 861 2270 468 STURDIVANT AVE ATLANTIC BEACH FL 32233 13-00007751 HAPPY TRAILS 4X4 7/01/13 NEW AUTO: SERVICE/REPAIR 904-222-8358 490 LEVY RD ATLANTIC BEACH FL 32233 13-00007785 JAX DIRTWORKS INC. 7/18/13 NEW MISC. PROFESSIONAL ESTABLISHMENT 904-683-3124 310 MEALY DR ATLANTIC BEACH FL 32233 13-00007787 JAX DIRTWORKS INC. 7/18/13 NEW MISC. CONTRACTOR, OTHER THAN LISTED 683-31.24 310 MEALY DR ATLANTIC BEACH FL 32233 GRAND TOTALS - NEW LICENSES 'AC: 27 PP: 0 IN: 0 -. VO: 0 PG: 0 , BR: 0 OB: 0 UC: 0 PAGE 1 LIC: 27 1 AGENDA ITEM#4A SEPTEMBER 9,2013 PREPARED 8/16/13,17:42:47 LICENSE ACTIVITY REPORT BY BUSINESS NAME . City of Atlantic Beach NEW LICENSES FOR ALL YEARS BETWEEN: 07/01/13 TO 07/31/13 • PROGRAM OL122L DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION BUSINESS ADDRESS . BUS PHONE # i 13-00007770 JAX FEDERAL CREDIT UNION 7/10/13 NEW BANKS, NATIONAL,STATE OR CREDIT UNIO • 801 ATLANTIC BLVD 904-475-8032 ATLANTIC BEACH FL 32233 13-00007760 KAREN J. DAVIS, C.P.A., P.A. 7/08/13 NEW ACCOUNTANCY FIRM/ CORPORATION 447 ATLANTIC BLVD UNIT 05 904-224-0045 ATLANTIC BEACH FL 32233 13-00007761 KAREN J. DAVIS, C.P.A., P.A. 7/08/13 NEW ACCOUNTANT 447 ATLANTIC BLVD UNIT 05 904-224-0045 ATLANTIC BEACH FL 32233 . 13-00007721 LADY MAINTENANCE 7/01/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS 74 W 6TH ST 904-236-1212 ATLANTIC BEACH FL 32233 13-00007735 LGBT JAX • 7/01/13 NEW MISC. •SERVICE ESTABLISHMENT, NOT LIS 1913 MAIN ST 904-401-0093 ATLANTIC BEACH FL 32233 13-00007708 LUCAS TREE SERVICE INC 7/01/13 NEW TREE SERVICE/TREE SURGEON 205 EDGAR ST 904-241-3533 ATLANTIC BEACH FL 32233 13-00007726 NAILS AND SPA 7/01/13 NEW NAILS/SKIN CARE (FULL SPECIALIST) 725 ATLANTIC BLVD UNIT 02 904-242-0922 ATLANTIC BEACH FL 32233 13-00007768 NAVY FEDERAL CREDIT UNION 7/08/13 NEW BANKS, NATIONAL,STATE OR CREDIT UNIO 961 ATLANTIC BLVD 888-842-6328 ATLANTIC BEACH FL 32233 . 13-00007747 PROFESSOR PLUMB 7/01/13 NEW PLUMBING/SEPTIC TANK CONTRACTOR (FIR 97 LEVY RD 904-270-2266 ATLANTIC BEACH FL 32233 13-00007748 PROFESSOR PLUMB 7/01/13 NEW PLUMBER 97 LEVY RD 904-270-2266 ATLANTIC BEACH FL 32233 • 13-00007765 SHORE THINGS OF NORTH BEACH 7/08/13 NEW GIFTS/GREETING CARDS 725 ATLANTIC BLVD UNIT 04 904-249-1313 ATLANTIC BEACH FL 32233 13-00007727 SUNSTATE ROOFING CONTRACTORS, 7/01/13 NEW ROOFING CONTRACTOR (FIRM/CORP.) 1946 BEACHSIDE CT 904-613-6517 ATLANTIC BEACH FL 32233 . 13-00007728 SUNSTATE ROOFING CONTRACTORS, 7/01/13 NEW MISC. CONTRACTOR, OTHER THAN LISTED 1946 BEACHSIDE CT 904-613-6517 ATLANTIC BEACH FL 32233 GRAND TOTALS . NEW LICENSES AC: 27 PP: 0 IN: 0 . VO: 0 PG: 0 . BR: 0 . OB: 0 • UC: 0 . LIC: 27 • PAGE 2 AGENDA ITEM#4A SEPTEMBER 9,2013 City of Atlantic Beach, Fl. Utility Sales Report I July 2013 July 2012 if 4 'A Gallons Actual Revenue RA Gallons Actual Revenue Water Sales Accounts 0000 Revenue Per 1,000 gl•Accounts 0000 Revenue Per 1,000 gl e r Atlantic Beach r 5,651 41,305 $153,843 $3.72 r 5,607 40,310 $150,486 $373 , Buccaneer A 2,480 17,622 $88,884 $5 04 2,478 17,869 $91,898 $5.145 :ITotal Water Sales 1 8,131 58,927 $242,727 $4.121 8,085 58,179 $242,384 $4.17 t � ox- o_ mo Gallons K Gallons Water Plant Production 4 0000 0000 V Atlantic Beach 64,223 55,994 .[ V Buccaneer 1 ei 4,395 1 24,360 Total Production N 68,618 80,354 } Total Water Billed 58,927 58,179 li Water Loss for month: Q. 9,691 22,175 t Percentage Loss 14.12% ; 27.60% N n 11 -A Total 12 mo.Avg. Loss 1 10.17% 0 17.37% o A n „ r4 Gallons Actual Revenue �� Gallons Actual Revenue pt 66 I Sewer Sales 0Accounts 0000 Revenue Per 1,000 gl Accounts 0000 Revenue Per 1,000 gl Atlantic Beach 5,238 33,006 $247,193 $7.49 5,187 31,956 $238,921 $7.48 Buccaneer r 2,372 19,372 $180,594 $9.32 0 2,375 19,967 $184,722 $9.25 Total Sewer Sales M 7,610 52,378 $427,787 $8.171 7,562 51,923 $423,643 $8.16 P 'z tt L Gallons Actual Revenue '1 Gallons Actual Revenue Sewer Treatment 0000 Revenue Per 1,000 gl 0000 Revenue Per 1,000 gl ki i Atlantic Beach 54.069 $427,787 $7.91 6 51.383 $238,921 $4.65 e 16.921 $184,722 $10.92 AI Total Sewer Treated d V'54.069 $427,787 $7 91 68.304 $423,643 $6 20 .T4A 4-A44_ , �� 4� -4 �,4 N u,.�A�� A_ �- 4 �,.4 4., 4 _ dam,44Av 4,.F .4i, AGENDA ITEM#4B SEPTEMBER 9,2013 Atlantic Beach Police Department Semi Annual 2013 Highlights The police department rolled out the first two "Yield to Life; Look All-Ways"pedestrian and bicyclist safety campaigns in February and in June this year; focusing on selected areas based upon crash data. The campaign raised a lot of awareness and was highly visible not only in Atlantic Beach but also on media outlets throughout Jacksonville. Over 500 T-shirts were given out while speaking with bicyclists and pedestrians traveling in the area; as well as over 11,000 educational brochures distributed to local residents, pedestrians, drivers of vehicles, and patrons of Atlantic Beach businesses. One full time officer remains dedicated to the COPS (Community Oriented Policing) program. This officer spends much of his time interacting with citizens within the community, building positive relationships, patrolling on a bicycle to allow more citizen interaction, and visiting the community centers and city parks on a daily basis. He contacts local transients and people in need to offer resources, and is a familiar face to most local business owners. The COPS officer works closely with other city departments on a regular basis such as code enforcement and the park rangers. The salary of the COPS position remains predominantly grant funded. The Atlantic Beach Police Department continues to have an exceptional emergency response time. The average emergency response time for the first half of 2013 is 3 minutes, 1 second. Crime The semiannual crime rate for 2013 part one crimes has decreased 5% (178 vs 188) compared to the same time in 2012. Part 1 crimes include Murder,Rape, Robbery, Aggravated Assault,Burglary, Larceny and Auto Theft. The Mayport corridor has seen a slight increase in the first two quarters of 2013 as compared to the same time periods in 2012; with an overall 8% increase in part 1 crimes (156 vs 145) and a 19%increase in violent crimes (19 vs 16),however it remains much lower than the 2011 numbers (33 violent and 196 part 1 total). The increase in this specific geographic area was not unexpected as was reported in last year's report. Drunk drivers remain a high priority, with 126 DUI arrests in the first half of this year. That is an increase of 4% from the same time last year(121 arrests). Productivity AGENDA ITEM#4B SEPTEMBER 9,2013 In the first half of 2013, there were 11,786 calls for service. Officers made 399 arrests. 2,732 traffic citations were issued between January and June of this year, and 141 traffic accidents were reported. The Animal Control Division received 766 calls for the first half of the year, issued 85 citations, and impounded 144 animals. Personnel Currently the Police Department has one Emergency Communications Dispatcher position opening and two seasonal crossing guard openings. Applicants are currently being processed and selected for all of these openings. There are now also two police officer vacancies due to officers going to other agencies. Training The Department is deeply committed to providing quality training to all its employees. In the first two quarters 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 • Active Shooter Response • Interviews and Interrogations • How to handle conflict and confrontation • Leading your agency in today's instant information environment • Narcotic Identification • Social Media and Internet Investigations 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 2nd Quarter 2013 Part I Crimes. 2nd Quarter 2nd Quarter 2nd Quarter 2012-2013 Year to Year to Date Year to Date 2012 -2013 2011 2012 2013 Comparison Date 2011 2012 2013 Comparison Murder 0 0 - 0 0% 01 a 0 0% Rape - 5 0 4 300% 8! 1 4 300% Robbery 5 7 3 -57% 8� 8 6 -25% I Aggravated Assault 10 9 13 44% 261 16; 21 31% Burglary 25 17 17 0% 391 3e 29 — -15% Larceny 1 93 70 66 -6% 1521— 126 109 -13% Auto Theft 6 2 4 100% 101 31 7 133% Total 144 105' 108 3% 243 188 177 -6% Calls for Service 7757 5523] 6226 130 140901 10682: 11786 10% TOTAL ARRESTS 228 239 196 -16% 448 435 399 -8% DUI Arrests 55 36 56_ 0% _ 129 121 126 4%. Traffic Citations 1036 99-4 1362 37% 2229 1991 2732 37%, Auto Accidents 7172 77 7% 121 132 141 7% Emergency Response Time Average min 32 sec 3 min 11 sec 2 min 54 sec 2 min 25 se 2 min 57 sec 3 min 1 sec Stolen Property $ 163,744 E 103,084 $ 176,856 72% $ 337,744 $ 200,995 5 233,284 - 16% Recovered Property $ 108,982 5 21,049 $ 110,792 426% 5 1. 57,336 $ 32,338 $ 117,589 264% Recovery Percentage 67% 20% 63% 47% 16% 50% Crime Suppression _ 7 - `Felony Arrests 16 10 8 -20%1 3011 1411 11 -21% Misdemeanor Arrests 8 22 18 -44%' 18 7—i 44 20 -55% Alcohol Deployment Arrests 1 10 67% 3 7 10 43% Prostitution Arrests 0 c 2 200% 0 C 2 200% Animal Control Phone Calls 543 593 387 -35% 1191 1222 766 -37% Citations 86 11 41 32% 153 78l 85 9% Animal Bites Reported 5 1 -75% 9 6 3 -50% f > Animals Impounded J 107 98 75 -23% 191 189 144 -24% -_ c, Fire Department — EMS Calls 247 265 241 -9% 441 497 415 -16% n > Response Time 4 min 28 sec 'min 17 sec 4 min 58 sec 4 min 32 sec 4 min 16 sec 4 min 39 m Fire Calls 72 52 31; -40% 103 106 54 -49% c" c Response Time 4 min 36 sec 4 min 29 sec 4 wain 09 sec 4 rain 37 secs rain 0 sec 4 min 14 sec w Adjustment ft needed=allows for Semi-annual UCR # AGENDA ITEM# 1 4C SEPTEMBER 9, CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Pine St. and Wonderwood Rd. Water Main Replacement and Mayport Rd. Valve Addition, Bid No. 1213-02 SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director DATE: August 14, 2013 STRATEGIC PLAN LINK: None BACKGROUND: The project is to replace an old,undersized water main on Pine St. from Atlantic Blvd. to Sturdivant Ave. and to replace an old,undersized water main on Wonderwood Rd. from Sherry Dr. to Finnegan Elementary School. Bids were advertised and six contractors were prequalified. All six contractors submitted bids on August 14, 2013, and all bidders submitted the required documents. Gruhn May, Inc. was the responsive low bidder. Item Gruhn J.B. John Woody, Miranda Petticoat- TB May,Inc. Coxwell Inc. Contracting Schmitt Landmark 1.Pine St. 53,199.00 111,475.00 68,989.00 83,500.00 94,270.00 88,978.66 2. Wonderwood 61,471.70 132,481.00 83,887.65 87,384.50 91,894.00 82,542.16 Dr. 3. Mayport Rd. 8,095.00 6,817.00 9,117.00 10,255.00 11,646.50 12,069.18 Valve Total Bid 122,765.70 250,773.00 161,993.65 181,139.50 197,810.50 183,590.00 BUDGET: A total of$245,529 is in the budget for construction of the project in the Water Fund under account number 400-5502-533-6300. RECOMMENDATION: Award a contract to Gruhn May, Inc. for Pine St. and Wonderwood Rd. Water Main Replacement and Mayport Rd. Valve Addition, Bid No. 1213-02, in the amount of $122,765.70 and authorize the City Manager to sign the contract. In addition, authorize staff to encumber funds in the amount of$13,000 for contingency. ATTACHMENTS: 1. Bid tabulation form 2. Bid analysis REVIEWED BY CITY MANAGER: • 1 City of Atlantic Beach Pine St.and Wonderwood Rd.Water Main Replacement 8114/2013 BID 1213-02 3:00 PM Gruhn May J.B.Coxwell Contracting,Inc John Woody,Inc. Miranda Contracting Petticoat-Schmitt Civil T B Landmark Construction,Inc. Contractors Required Documents Submission in Triplicate X X X X X X Document Requirements Checklist X X X X X X Bid Form X X X X X X Insurance X X X X X X Business Tax Receipt X X X X X X Drug Free Workplace x x x X X X Public Entity Crimes Statement X X X X X X W-9 X X X X X X Documentation of Receipt of Any Addenda X(1,Aug.9,2013) X11,Aug.9,2013) X(1,Aug.9,2013) X(1,Aug.9,2013) X(1,Aug.9,2013) X(1,Aug.9,2013) Item 1:Pine St.from Atlantic Blvd.to $53,199.00 $111,475.00 $68,989.00 $83,500.00 $94,270.00 $88,978.66 Sturdivant St.Total Bid of Items 1-24 Item 2:Wonderwood Dr from Sherry Dr.to Finegan Elementary School Total Bid of items $61,471.70 $132,481.00 $83,887.65 $87,384.50 $91,894.00 $82,542.16 1-19 Item 3:Mayport Rd.near Assisi Lane. Total $8,095.00 $6,817.00 59,117.00 $10,255.00 $11,646.50 $12,069.18 Bid of items 1-6 Total Bid-Sum of Items 1-3(all areas $122,765.70 $250,773.00 $161,993.65 $181,139.50 $197,810.50 $183,590.00 combined) rt Y 'd ril HZ and Award of Bid based on Department Analysis and Commission Approval �_ rt r-i rt 4 tJ 1: O W 4.,n Bid 1213.02:Pine St.Worlde moo 0i Rd.Water Main Replacement Bid Date:August 14,213 Gruhn May,Inc_ J.B.COxwell John Woody,Inc. f Miranda Contracting Petticoat-Schmitt F.E. Landmark Description Item 1:6iaeSt., A Blvd.taSturda 4 General: Unit Unit Cost City Total Cast Unit Unit Cost qty Total Gast U nit Unit Cast qty Total Cast Unit Unit Cast Qty Total Cost Unlit Unit Cost Qty Total Cost Unit Unit Cost Qty Total Cost 11 Mobilization/ 'Demobilization LS noax 1 51,210.W L5 xbax eot 1 535,131.rI LS 1 51,500.'" LS : I 54,000,00 L5 xxOrx 1 520,004.'" LS MOON 1 58,897.00, '2) Demolition-Fence,Pipe, etc, IS x 1 $400.00 LS 7p0°x 1 52,560.00 L5 x xk7 1 5500.', L5 xx0aS 1 55,000,0;1 1.5 70g0A� 1 53,875.`1 L5 ' 1 54A35.00 3) Maintenance of Traffic LS xxrea 1 $1,200,00 LS xxxxx 1 $5,500. 1 1.5 *moor 1 52.875.'1 LS ioseer 1 53,500.00 LS =CO 1 $3,750.'r LS xzsja i $5,702.00 4)Turbidity Barriers/Sediment&Erosion *coca zocrx xxxxx cox aoo:x MP= Control LS 1 5508.00•L5 1 $900.00 LS 1 $500.00 Ls 1 52,030.00 015 1 $775..1 L5 1 5355.00 Roadways,Parking& 5rdwealks: 51 Milling of Existing Asphalt Non-FOOT ROW 41"thk.avg.) SF 5130 4250 55,525.00 SF $1.35 4250 55.73750 SF $1.40 47.50 $5,9$0.00 SF $1.15 4250 54287.50 SF 51.25 4250 55,312.50=F S1.52 4250 56,460.40 61 Asphaltic Concrete Overlay Non-FOOT ROW 11.5"the.Avg.) SF 51.4.8 4250 53,415,00 SF $L50 4250 56,375.00 SF 51.95 4250 56,28750 F 51.65 4250 $7,0123 SF 51.85 4250 57,8512,50' F 5148 4250 $7.140.00 7) Reconstruct/Overlay F{avt -FOOT ROW F 5138 900 51,762.00 SF $15SO 900 $13„950.00 SF $4.30 MO 53,670.00 5F $3,50 900 57,650.30 SF $11.10 900 59,990,00 5F 51154 900 510,386.00 3)New Concrete Driveway- 5"thk 5F 57.00 450 .$3,150.04 5f 54.85 450 52,182.50 SF 56.45 450 52,902.50 SF $6.00 450 $2,704_*1 F $3.65 450 51,64250 SF 55.32. 450 52,389.50 'II-Remove&Repladce Concrete Sidewalk per DOT 525,00 SO $1,25040 SF 525.00 50 51,250.00 SF $7.20 S4 5360.00 ST 56.00 SO 5300.'' F 52$.15 50 51,407.50 F 514.90 50 5745.00 10) Case)(Type II Temporary Pavement Repair IF 50.00 141 $1,269.00 LF $57.00 141 $9,037:el LF 524.00 141 53,384.00 IF 560.00 141 58,460.'i IF 530.00 145 54.230.00 IF 543.11 141 56,783.51 11)Sodding SF 53.54 2700 $1,458,00:5F 50.80 2700 52,150.''SF 51.25 2700 53.375.94 F 50.50 2700 51,350.'' F 51.10 2700 52.970.00 SF 50.32 2700 51025.00 Potable Water Distribution System: 121 8'Tee)amu b:amcl I sate_ EA 52,17000 2 54,340.00 EA $535.00 2 51,070.0D EA $400.00 2 5800.00 EA 5500.00 2 51,000.00 EA $1,500.00 2 53,000.00 EA 5062.00 2 51,724.00 13)3's 6'-Reducer EA 52.450.00 1 52,450.00 EA $465.00 1 5465.00 EA 5235.00 1 $215.00 EA 5409.01 1 $400.10€A 5176.00 1 $116.00 EA $457.00 1 5457.00 141 0'4S OeBree 8er d EA 5720.30 4 52,880.00 EA 5335.00 4 51,3410.00 EA 5255.00 4 $1,020.00 EA 5403.03 4 $1,600.+, EA 5295.00 4 $1,140.00 EA 5807.00 4 53,223..00' 1 OE'6 1138lnal.d[S ZW#Nail VUM1DV Bid 1213-02:-Pine St Wonderwood Ind.Water Main Replacement Bid Opening:August 14,2013 15) 8"11-114 Degree Bend EA 5340.10 2 $680.00 EA S325.00 2 1550.00 EA $255.04 2 $510.00 EA $400.00 2 $800.00 EA $275.00 2 5550.00 EA $484.00 2 $963.1. 16)8"Gate Valve,Box& 'Caber EA 52,490.00 2 52,960.90 EA $1,217.00 a 52,434.00 EA 5985.1 2 $1,970.00 EA $1,500,00 2 53,000.09 EA 51,220.00 2 $2,440.00 EA 51,916.00 2 53,832-$1 17) 6"Gate Valve,Box& Cover EA $1,100,00 1 $1,100.00 EA 5900.00 1 5900.00 EA 5743.00 1 5745.00 EA 51,200.00 1 $1,200.00 EA 52,190.00 I 524.90.00 EA 51,298.00 1 $1,295..., 18) 6"Tapping Sleeve& Valve EA 51,210.00 1 $1,210.00 EA 5000.00 1 52,300.00 EA, 53,540.10 1 53,540.00 EA 92,400.00 1 $2,400.00 EA $3,300.00 1 53,300.00 EA $4,206.00 1 $4,205.00 19) PipeCap-afl 11 Sizes/materials EA 5200.00 3 5600.00 EA 5140.00 3 5420.00 EA $805.00 3 52,400,00 EA 5200..00 3 5600.00 EA 5700.00 3 $2,100.00 EA $273.00 3 5819.00 29) 8"PVC Water be CDR- $22.00 $40.00 562,50 $87.50 538.25 $41;.83 1.E) L: 260 55,720.00 LF 260 510,400.00 LF 260 516,250.00 LF 260 522,750.00 LF 260 $9,945.00 LF 260 $32,695.80 21) Relocate Lxist.FN I Service,Complete EA 51,200.00 1 51,200.00 EA 51,920,00 1 51,920.00 EA 52,293.10 3 52,293.00 EA 57000.00 1 $700.00 EA $2,400.00 1 $2,400,00 EA 52,510.00 1 52,510.00 22) Remove Exit.6"OV& ' Box&furnish&entail new 6 sleeve EA 51.220.00 1 51,220,00 EA 51,340,00 1 $2,390.00 EA 51,360.00 3 91,360.00 EA 5500.00 1 55570.01 EA $1,300:00 1 $1,340.00 EA 51,702.00 1 51,702.00, 23) New Water Service(all sixes),Complete EA 9650,00 4 52,60.0.00 EA 51,085.00 4 54,340.00 EA 51,005.00 4 54,020.041 EA 5650.04 4 52,600.00 EA 5900.00 4 $3,600.00 EA 51,274.00 4 51,096.05 24) Mrsc.Vaktss and Fittings 115%of item 19) LS xesxx 1 $90.00 LS xxarxxx 1 $63.00 LS neoox 1 $360.0LS mecca 1 590.00 LS xxxotx 1 $315.90 LS xxxxxe 1 5122.05 TOTAL 810(Sum of items 1 through 24) $53,199.00 5111,475.00 i 568,939.00 583,5110,00 594,270.00 $83,978.66 Description item2l , Rai, from Shi cyan 'EIe - r Unit Unit Cast Qty Total Cost Unit Unit Cost Qty Total Cost Unit Unit Cost qty Total Cost 'Unit UnitCo5t City Total Cost unit Unit Cost r Illy Total Cost Unit Unit CDR Total Cost 'General; 1) Mobiiizatiool Demobilization L5 ticoo. 1 51,500.00 LS xxxxx I $43886.01 LS xxxxn 1 5550.00 LS xxxxx 1 54,000.00 l5 *cox I 54,500.00 LS xxxxx 1 S8,254.00 .il Demolition-Fenee,Pipe, i etc LS xxxxx I $500.00 LS xxxxx 1 5725.00 LS no= I 5950.00 L5 eaxxx 1 $2,000.00 LS more 1 $6,000.00 L5 xxxxx 1 54,567.00 Maintenance of TrFFc L5 xxxxx 1 $500.00 LS xxxxx 1 513,800.00 LS xxsoor 1 $440.00 LS eOoa 1 51,000.00 LS xxaox 1 $4,30100 LS xxxxx 1 51,29.10 .4)Turbidity Banners/Sediment&Erosion Ewan:[ LS :coax L 5500.00 LS xxx-,ar 1 51,475.00 L5 exxx L $620.00 15 xoocx 1 51,000.00 IS ratx`x 1 51,120.00 LS xx ei 1 5709.00 Roadways,Parking 8e Sidewalks x5 > CU L`/ .a N '< O to f7 Bid 1213-02:Pine St.Wonderwood Rd.Water Main Replacement Bid Opening:August 14,2013 5) Milling of Existing Asphalt (1"thk.Avg.) SF $1.40 1870 $2,618.00 SF $3.30 1870 $6,171.00 SF $2.65 1870 $4,955.50 SF $2.30 1870 $4,301.00 SF $3.25 1870 $6,077.50 SF $3.41 1870 $6,376.70 6) Asphaltic Concrete Overlay(1-1/2"thk.Avg.) SF $1.90 1870 $3,553.00 SF $1.70 1870 $3,179.00 SF $2.65 1870 $4,955.50 SF $2.30 1870 $4,301.00 SF $2.60 1870 $4,862.00 SF $2.76 1870 $5,161.20 7) Case X Type II Temporary Pavement Repair LF $25.00 50 $1,250.00 LF $57.00 50 $2,850.00 LF $24.00 50 $1,200.00 LF $60.00 50 $3,000.00 LF $30.00 50 $1,500.00 LF $34.41 50 $1,720.50 8)Tree Protection LS =ma 1 $600.00 LS xxxxxx 1 $1,390.00 LS xxxxxx 1 $1,400.00 LS xxxxxx 1 $300.00 LS xxxxxx 1 $50.00 LS xxxxxx 1 $338.00 9)Sodding SF $0.54 4805 $2,594.70 SF $0.80 4805 $3,844.00 SF $1.25 4805 $6,006.25 SF $0.50 4805 $2,402.50 SF $1.15 4805 $5,525.75 SF $0.38 4805 $1,825.90 Potable Water Distribution System: 10)8"-45 Degree Bend EA $920.00 4 $3,680.00 EA $335.00 4 $1,340.00 EA $255.00 4 $1,020.00 EA $400.00 4 $1,600.00 EA $260.00 4 $1,040.00 EA $493.00 4 $1,972.00 11)8"-Tee,any branch size EA $5,800.00 1 $5,800.00 EA $535.00 1 $535.00 EA $400.00 1 $400.00 EA $500.00 1 $500.00 EA $1,650.00 1 $1,650.00 EA $1,446.00 1 $1,446.00 12)8"Gate Valve,Box& Cover EA $2,900.00 2 $5,800.00 EA $1,217.00 2 $2,434.00 EA $985.00 2 $1,970.00 EA $1,500.00 2 $3,000.00 EA $1,350.00 2 $2,700.00 EA $1,587.00 2 $3,174.00 13)8"x4"Reducer EA $1,600.00 2 $3,200.00 EA $465.00 2 $930.00 EA $215.00 2 $430.00 EA $380,00 2 $760.00 EA $1,675.00 2 $3,350.00 EA $530.00 2 $1,060.00 14)Pipe cap-all sizes/materials EA $900.00 2 $1,800.00 EA $170.00 2 $340.00 EA $500.00 2 $1,000.00 EA $200.00 2 $400.00 EA $690.00 2 $1,380.00 EA $254.00 2 $508.00 15)New FH Assy,Complete EA $3,900.00 2 $7,800.00 EA $3,400.00 2 $6,800.00 EA $3,400.00 2 $6,800.00 EA $3,000.00 2 $6,000.00 EA $3,850.00 2 $7,700.00 EA $4,359.00 2 $8,718.00 16)8"PVC Water Line(DR- 18)-Open-Cut Installation LF $16.00 560 $8,960.00 LF $40.00 560 $22,400.00 LF $52.80 560 $29,568.00 LF $64.00 560 $35,840.00 LF $38.75 560 $21,700.00 LF $38.19 560 $21,386.40 17)8"Fusible PVC Water Line (DR-18)-Directional Drill Installation LF $52.00 140 $7,280.00 LF $89.95 140 $12,593.00 LF $95.20 140 $13,328.00 LF $64.00 140 $8,960.00 LF $83.75 140 $11,725.00 LF $53.50 140 $7,490.00 18)New Water Service(al sizes),Complete EA $550.00 2 $1,100.00 EA $1,020.00 2 $2,040.00 EA $930.00 2 $1,860.00 EA $650.00 2 $1,300.00 EA $850.00 2 $1,700.00 EA $1,112.00 2 $2,224.00 19)Misc.Valves&Fittings (15%of items 16+17) LS xxxxx 1 $2,436.00 LS xxxxx 1 $5,248.95 LS xxxxx 1 $6,434.40 LS xxxxx 1 $6,720.00 LS xxxxxx 1 $5,013.75 LS xxxxx 1 $4,331.46 ITEM 2:TOTAL BID(Sum of Items 1-19) $61,471.70 $132,481.00 $83,887.65 $87,384.50 $91,894.00 $82,542.16 Description Gruhn May,Inc J.B.Coxwell John Woody,Inc. Miranda Contracting Petticoat-Schmitt TB Landmark Unit Unit Cost Qty Total Cost Unit Unit Cost qty Total Cost Unit Unit Cost Qty Total Cost Unit Unit Cost Qty Total Cost Unit Unit Cost qty Total Cost Unit Unit Cost qty Total Cost General: 1) Mobilization/Demobilization LS xxxxx 1 $250.00 LS xxxxx 1 $715.00 LS xxxxx 1 $225.00 LS xxxxx 1 $1,500.00 IS xxxxx 1 $1,000.00 LS xxxxx 1 $1,206.00 2) Demolition-Fence,Pipe, etc. LS xxxxx 1 $200.00 LS xxxxx 1 $245.00 LS xxxxx 1 $100.00 LS xxxxx 1 $250.00 LS xxxxx 1 $1,625.00 LS xxxxx 1 $1,383.00 £1.0Z`6 2IHEBAId.LddS DD#W3.LI VQN3i0V Bid 1213-02:Pine St.Wonderwood Rd.Water Main Replacement Bid Opening:August 14,2013 3) Maintenance of Traffic LS xxxxx 1 $100.00 LS xxxxx 1 $495.00 LS xxxxx 1 $65.00 LS xxxxx 1 $100.00 LS xxxxx 1 $510.00 LS xxxxx 1 $100.00 4)Turbidity Barriers/Sediment&Erosion Control LS xxxxx 1 $100.00 LS xxxxx 1 $160.00 LS xxxxx 1 $110.00 LS xxxxx 1 $100.00 LS xxxxx 1 $200.00 LS xxxxx 1 $35.00 Roadways,Parking& Sidewalks 5) Sodding SF $0.50 90 $45.00 SF $0.80 90 $72.00 SF $1.30 90 $117.00 SF $0.50 90 $45.00 SF $2.35 90 $211.50 SF $0.38 90 534.20 Sankry Sewer Collection System: 6)8"Lind Stop Valve(Insta- Valve or equal),Complete EA $7,400.00 1 $7,400.00 EA $5,130.00 1 $5,130.00 EA $8,S00,00 1 $8,500.00 EA $8,260.00 1 $8,260.00 EA $8,100.00 1 $8,100.00 EA $9,310.98 1 $9,310.98 I U IAL BIU OF HEM EM 3(Sum of Items 1-6) $8,095.00 $6,817.00 $9,117.00 $10,255.00 $11,646.50 $12,069.18 TOTAL BID OF ITEM 1 $53,199.00 $111,475.00 $68,989.00 $83,500.00 $94,270.00 $88,978.66 TOTAL BID OF ITEM 2 $61,471.70 $132,481.00 $83,887.00 $87,384.50 $91,894.00 $82,542.16 TOTAL BID OF ITEM 3 $8,095.00 $6,817.00 $9,117.00 $10,255.00 $11,646.50 $12,069.18 ,ty $122,765.70 $250,773.00 $161,993.00 $181,139.50 $197,810.50 $183,590.00 a rr1 n "d Cn rz z o WC AGENDA ITEM#4D SEPTEMBER 9,2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Extension of Electrical Troubleshooting, Repair and Installation Annual Contract Bid No. 0910-16 SUBMITTED BY: Donna Kaluzniak,Utility Director DATE: August 8, 2013 STRATEGIC PLAN LINK: None BACKGROUND: The City's annual contract with Limbaugh Electrical Contracting, Inc. for Electrical Troubleshooting, Repair and Installation will expire on October 31, 2013. Limbaugh Electrical has performed electrical troubleshooting, repair and installation for the City since 1983. This work requires specialized skill, experience and equipment. Limbaugh Electrical's personnel have the required background, knowledge, experience and equipment. The fees charged by Brooks &Limbaugh for labor and materials have been very reasonable and competitive. Specifications allow the City to renew the contract for two additional 1-year periods as long as the contractor agrees and the City is satisfied with the service. The vendor has agreed to renew his contract, and staff has been pleased with the performance of this contractor. BUDGET: These services are used on an as-needed basis, and funding is included in the Water and Sewer Funds in the amount of approximately$85,000 under account numbers 400-5502-533-3400, 410-5506-535-3400, and 410-5508-535-3400. RECOMMENDATION: Extend the Electrical Troubleshooting and Repair contract for one additional year to Limbaugh Electrical Contracting, Inc. at the contract prices effective November 1, 2013. ATTACHMENTS: 1. Letter of agreement to extend contract from Limbaugh Electrical Contracting, Inc. REVIEWED BY CITY MANAGER: '4111A, AGENDA rrEM 4 4D SEPTEMBER 9,20 i 3 .,..,...) August 13, 2013 Mr. Alex Limbaugh Limbaugh Electrical Contracting, Inc. RE: Extension of 13X1 No,0910-16 Dear Mr. Limbaugh: As you are aware,the annual contract with the City of Atlantic Beach for Electrical Troubleshooting, Repair and Installation expires October 31, 2013. We would like to extend the contract for another year at the current prices,if this is acceptable to your company. If acceptable,please sign below and return to me by August 15, 2013 so I can prepare a staff report for the City Commission. We look forward to recommending that we continue our contract with your company, Sincerely, 6-:) / 1 -- C?:) /...-("0,), ( ,,..----2,t-Donna Kaluzniak/ f Utility Director LIMBAUGH ELECTRICAL CONTRACTING, INC. AGREES TO EXTEND THE CONTRACT WITH THE CITY OF ATLANTIC BEACH AT THE PRICES SUBMITTED IN BID NO. 0010-16 oft RR A A P DIT�IONAL YEAR EFFECTIVE NOVEMBER 1, 2013. ' ..- 1 I e S 91,0 IA, Alex Limb',ugh % Date Public Utilities Department 1200 Sandpiper Lane Atlantic Beach, FL 32233 (904)247-5834 AGENDA ITEM#4E SEPTEMBER 9,2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Annual Janitorial Service Contract for City Facilities Bid No. 1213-06 SUBMITTED BY: Yvonne Calverley,Administrative Assistant to the City Manager DATE: August 15, 2013 STRATEGIC PLAN LINK: None BACKGROUND: The current contract with Corvus Janitorial Systems will expire on September 30, 2013. After a review of the overall service provided to the City during the past year, City Staff elected not to renew the current contract with Corvus Janitorial Systems. Request for bids were advertised and Bid No. 1213-06 was opened on July 31,2013,with three (3) bidders submitting packages. The bid amounts are shown below. Contractor Bid Amount American Facility Services $46,032.00 Supreme Janitorial Service $50,796.00 United States Services Industries, Inc. $56,745.12 Staff reviewed all bid submissions and American Facility Services was the lowest bidder at a cost of$46,032.00 per year. However, City staff determined that awarding the contract to American Facility Services would not be in the City's best interest for the following reasons. American Facility Services is not a local janitorial firm;they are headquartered out of Atlanta, GA. Both the Account Executive and Area Manager that would be assigned to oversee our contract are located in Atlanta, GA and Orlando, FL. The Account Executive would be available to make a monthly visit to our facilities and the Area Manager out of Orlando would oversee daily activities and conduct periodic inspections. In past years, the City has experienced problems when the management of the janitorial firm did not provide an adequate amount of supervision to their personnel. The problems included poor service, no-shows,repeated discrepancies,high turnover of personnel and failed quarterly inspections. American Facility Services currently does not service any facilities in Jacksonville or the beaches area. In a three-week timeframe (contract commences on October 1st),they would need to advertise,hire and train a workforce and supervisor from the local employment pool to service our facilities. They intend to hire a supervisor with at least two years of janitorial experience. However,they do not necessarily look for the workforce to have experience. AGENDA ITEM#4E SEPTEMBER 9,2013 The next lowest qualified bidder was Supreme Janitorial Service at a cost of$50,796.00. Supreme Janitorial Service has been doing business in Jacksonville for the past 45 years and has met all requirements, and submitted all required documents, including positive references. If awarded the contract, Supreme Janitorial plans to utilize current full time employees with four or more years with the company. (FYI: The President of Supreme Janitorial Service is Richard Clark, Jacksonville City Council Member, District 3). BUDGET: The bid amount is $8,256.00 more than the current yearly amount paid to Corvus Janitorial Systems for cleaning services. The additional cost will be taken from budgeted operating accounts. RECOMMENDATION: Recommend that the City Commission award a one (1) year contract to expire on September 30, 2014 to Supreme Janitorial Service in the amount of$50,796.00. ATTACHMENT: (1) Bid Analysis dated July 31, 2013 CITY MANAGER: BID 1213-06 ANNUAL CONTRACT:JANITORIAL SERVICES BID OPENING:JULY 31,2013 American Facility Services Supreme Janitorial Service United States Services Industries,Inc QIY it BASE BID ITEMS BY LOCATION Months MONTHLY TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST City Hall 800 SEMINOLE ROAD 12 $660.00 $7,920.00 $759.00 $9,108.00 $737.82 $8,853.84 Police Department 850 Seminole Road 12 $835.00 $10,020.00 $960.00 $11,520.00 $704.29 $8,451.48 Public Works 1200 Sandpiper Lane 12 $930.00 $11,160.00 $996.00 $11,952.00 $804.90 $9,658.80 WWTP 1100 Sandpiper Lane 12 $85.00 $1,020.00 $96.00 $1,152.00 $201.22 $2,414.64 Water Plant#1 469 11th Street 12 $218.00 $2,616.00 $161.00 $1,932.00 $201.22 $2,414.64 Water Plant#2 2301 Mayport Road 12 $132.00 $1,584.00 $148.00 $1,776.00 $201.22 $2,414.64 Buccaneer Water 902 Assisi Lane 12 $185.00 $2,220.00 $213.00 $2,556.00 $201.22 $2,414.64 Adel Grage 716 Ocean Blvd. 12 $304.00 $3,648.00 $300.00 $3,600.00 $670.75 $8,049.00 Dormer Comm.Cntr 2072 George Street 12 $177.00 $2,124.00 $300.00 $3,600.00 $335.37 $4,024.44 Jordan Park 1671 Francis Street 12 $310.00 $3,720.00 $300.00 $3,600.00 $670.75 $8,049.00 TOTAL ANNUAL BID PRICE $46,032.00 $50,796.00 VD Y `0 � z 4d CC) a z .1.1 o W � AGENDA ITEM#4F SEPTEMBER 9,2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Reject all Bids for Concrete Repairs for the Public Works/Utilities Department SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: August 16, 2013 STRATEGIC PLAN LINK: None—annual contract. BACKGROUND: Bid number 1213-08 was opened on July 17, 2013 at 3:00 PM. There were five bidders. Bid award criteria was to be based on the lowest total of the unit prices for Tear Out, Removal, Pour and Finish of concrete and curb, but the Bid Form was organized in a confusing manner, resulting in some bidders interpreting the award criteria incorrectly. RECOMMENDATION: Staff recommends the Commission reject all bids. Staff proposes to revise the Bid Specifications, advertise for Rebid and have recommendations for award at the next Commission meeting. For necessary repairs until that time, Staff will use normal City purchasing procedures. BUDGET: Concrete repair is budgeted as a discrete line item in the Streets, Stormwater, Water and Sewer 3400 accounts.Total funds allocated in current year budget are $74,000. ATTACHMENTS: 1) Bid Tabulation Sheet 2) Bid Form REVIEWED BY CITY MANAGER: yr Bid Opening:July 17,2013 BID 1213-08 ANNUAL CONTRACT:CONCRETE REPAIRS AWARD CRITERIA: The bid will be based on the lowest total of the unit prices for Tear Out,Removal,Pour and Finish of concrete and curb,as listed on the Concrete Repair Bid Summary Form (pg.7 of 8 of specifications)and positive references. Chase Plumbing&Mechanical Services,LLC DP Contracting,Inc. D.T.Services,Inc. Gruhn May,Inc. Taylor Concrete Services,Inc. BASE BID BY DESCRIPTION TOTAL FOR TEAR OUT,REMOVAL, POUR AND FINISH 1)4"THICK CONCRETE,per SF $7.60 $4.15 $7.00 $6.50 $4.40 2)5"thick concrete,per SF $7.80 $4.51 $7.10 $6.90 $4.80 3)6"thick concrete,per SF $7.95 $5.90 $7.15 $6.30 $5.10 4)18"curbing City Standard curb,per LF $27.40 $19.40 $32.25 $30.00 $19.00 5)18"curbing Drop Curb curb,per LF $28.10 $19.23 $30.25 $30.00 $17.95 6)18"curbing Median Curb,per LF $27.00 $19.33 $30.75 $30.00 $19.10 7)18"curbing Miami Curb,per LF $26.80 $19.05 $29.75 $30.00 $17.85 8)18"Ribbon Curb,per LF $27.48 $19.00 $30.75 $19.00 $17.85 9)5"thick Brick Stamped Concretes per SF $14.50 $10.05 $15.00 $9.00 $10.90 10)5"thick Colored Concrete,per SF $16.80 $8.40 $14.00 $8.50 $7.95 11)Install/Repair Brick Pavers,per SF $14.20 $8.90 $7.85 $7.50 $2.10 12)Adjust manhole ring&covers per attachment"B., $550.00 $400.00 $700.00 $415.00 $400.00 13)Adjust water valve jackets per attachment"C.. $210.00 $170.00 $350.00 $120.00 $400.00 14)Replace concrete collar around manhole per attachment"B" $475.00 $425.00 $525.00 $400.00 $400.00 15)Replace concrete collar around water valve jacket per attachment"C" $215.00 $155.00 $300.00 $100.00 $400.00 Grand Total of Items 1 thru 7(bid award based on this area) $160.13 $110.57 $175.00 $158.70 $106.05 a 7d � � z d = a rit W '11 City of Atlantic Beach Annual Contract Concrete Repairs for Public Works/Utilities Departments July 17,2013 BID 1213-08 3:00 PM Chase Plumbing& DP Contracting,Inc. DT Services,Inc. Gruhn May,Inc. Taylor Concrete Services, Mechanical Services Inc. Required Documents X X X X X Submission in Triplicate-All Documents X X X X NO Document Requirements Checklist X X X X X Bid Form X X X X X Insurance Certificate X X X X X References-Three(3) X X X X X Buisness Tax Receipt X X X X X Proof of Experience-Five(5)Years Drug Free Workplace X X X X X X X X X X Public Entity Crimes Statement Completed W-9 Form X X X X X X X X X X New Vendor Information Form N/A N/A N/A N/A N/A Documentation of any Addenda r ; � s# � � U #, r s r . � r 1'i.,#.n. Y. V..tlr: � ,� i�..s # ~:'c z v r s tz €. t t 44,s�.#4.,�.t Yi�x�tltk?t.:ttt r?.0\`}.r;,t+�.,.,d9�..Y�`n, t#R t r ..rt i.~;rt. � c , ,., S {,:44, t... it h4..,r.,l �s#h.,i�2n,r. E.. # u ,t �- t i-. u t t .,.., r 3� 7, � � tUrt ,,,a,.�x.UY,.ten.,t a�, t�51\Y#�ze.v,P r k.r�4��4z',ti .}{g"z�4�2###g�iL,Zt�,is4�`\ .Rt.Vim.;tl.,Utid#{�,il„� t8 s,�,,,,� i.�tiZt£{�3 u�,.,,,it de,,,,Q,.,��. .,�.,.. <s �i� 1.,r,>�.Yi ,> � ., v � Grand Total for all Tear Out,Removal, Pour and Finish-Amounts of Items 1-15 $1,655.63 $1,413.48 $2,086.85 $1,218.70 $1,727.00 of Bid Form trl c) w D • 7, N , o a w 'ri Award of Bid based on Department Analysis and City Commission Approval AGENDA ITEM#4F SEPTEMBER 9,20I 3 REQUEST FOR BID CONCRETE REPAIRS FOR THE PUBLIC WORKS/UTILITIES DEPARTMENTS Page 7 of 8 Colored Concrete 5" Thick Per SF Install/Repair Brick Pavers Per SF Expansion joint Per LF Additional charge for fiber mesh if required Per SF Sod Strip (16"x24"), as needed Per Ea TOTAL FOR TEAR OUT, REMOVAL, POUR AND FINISH 1) 4 inch thick concrete Per SF 2) 5 inch thick concrete Per SF 3) 6 inch thick concrete Per SF 4) 18 inch curbing City Standard Curb Per LF 5) 18 inch curbing Drop Curb Per LF 6) 18 inch curbing Median Curb Per LF 7) 18 inch curbing Miami Curb Per LF 8) 18 inch Ribbon Curb Per LF 9)Brick Stamped Concrete 5" Thick Per SF 10) Colored Concrete 5" Thick Per SF 11) Install/Repair Brick Pavers Per SF 12)Adjust Manhole Ring &Covers per attachment"B" Each 13)Adjust Water Valve Jackets per attachment"C" Each 14) Replace concrete collar around manhole per attachment"B" Each 15) Replace concrete collar around water valve jacket per attachment"C" Each AGENDA rrEM#40 SEPTEMBER 9,2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: List of property to be declared surplus SUBMITTED BY: Nelson Van Liere, Finance Director DATE: August 07, 2013 BACKGROUND: Over time, the City accumulates various properties that lose their usefulness due to deterioration or obsolescence. Only items deemed truly of no use to the City are on this list. These assets were either not operational, have been deemed no longer cost-effective to repair, or were received through forfeiture. BUDGET: There is no budget for this action RECOMMENDATION: Declare this list of property as surplus so that the items on it may he disposed of in the most beneficial way to the City. ATTACHMENTS: List of property to be declared surplus REVIEWED BY CITY MAMA " +. • 8/7/2013 CITY OF ATLANTIC BEACH AGENDA ITEM#4G SURPLUS PROPERTY LIST SEPTEMBER 9,2013 AS OF AUGUST 07, 2013 FIXED DEPARTMENT DESCRIPTION OF ITEM SERIAL/VIN# ASSET# Public Safety Video Transmission System - LEA Jacket Cam & Recorder 16008, 16080 1031 Public Safety Video Transmitter- Button/Belt Cam 21275 1448 O:\Finance\Fixed Assets\[Surplus Property List 08-07-13.xts]list for staff report 1 AGENDA ITEM#4H SEPTEMBER 9,2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Contracts with Organizations Providing Recreation Programs at City Facilities DATE: August 19, 2013 SUBMITTED BY: Timmy Johnson, Recreation Director BACKGROUND: Several organizations have been offering recreational programs at City facilities for many years. The Atlantic Beach Athletic Association (ABAA) provides two seasons of T-ball, softball, and baseball each year. Tennis professional Brecht Catalan provides tennis lessons on Atlantic Beach courts. Yoga instructor Linda provides yoga classes at Adele Grage Cultural Center. In the past, each of these organizations entered into a contract with the City of Atlantic Beach which included the payment of a fee for the use of the facilities. These contracts have been updated for City Commission approval. The organization/person under contract provides opportunities for inclusion and participation for low income residents who may not otherwise be able to afford to participate. We are revising ABET's contract and it will be placed on the next City Commission Agenda. BUDGET: The fee in the contracts is $200 for the year, which is consistent with similar contracts in previous years. RECOMMENDATIONS: Authorize the City Manager to sign the attached contracts with ABAA, yoga instructor Linda White and tennis professional Brecht Catalan ATTACHMENTS: ABAA Proposed Contract Yoga Instructor Linda White Proposed Contract Tennis Professio at Brecht Catalan Proposed Contract REVIEWED BY CITY MANAGER: ter► "® AGENDA ITEM#4H SEPTEMBER 9,2013 CITY OF ATLANTIC(BEACH RENTAL CONTRACT FOR P F It LIC FACILITIES LONG TERM AG I't EMENT made and entered into this day of at Atlantic Beach, Duval County,Florida,by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road,Atlantic Beach, Florida 32233 (hereinafter "City"), and Atlantic Beach Athletic Association of Atlantic Beach, Florida(904) 249-2985 (hereinafter"Renter"). WHEREAS, Renter desires to use the following public facility: Jack Russell Park Baseball Facilities and Concession Building and Donner Park Baseball Facility on Monday, Friday and Sunday and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily,weeldy, monthly, during a particular season, or the like,which is more than a one-time use, and therefore a long term use, and WHEREAS,the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE,in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration,the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from October 1,2013 through September 30, 2014. 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of$200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax-exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City,to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. 1 AGENDA ITEM#4H SEPTEMBER 9,2013 b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents and financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility,together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. i. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. j. Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of re-keying or changing of the applicable locks. One key will be provided at no cost to Renter and any additional keys will require a$10 per key fee at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15t"day of each month for a day or time period within the next month. For example, any organization requesting the short-term use of a City facility in the month of February could apply for such use after the 15th day of January. 2 AGENDA ITEM#4H SEPTEMBER 9,2013 1. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property,the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term,use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands,costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Jack Russell Baseball Facilities and Concession Building o. Additional provisions agreed upon by the City and Renter: Renter will actively recruit in low income areas, and provide scholarships, "work for play" or other mechanisms to assure that children are not denied the opportunity to participate due to their inability to pay the registration or other related fees. Number of scholarships will not exceed 7.5% of total registered players for that season. 4. Exclusive Use Dates and Times: August 1st through December 15th and January 1st through July 31. The City retains the right to rent and use the facility at other times not specified for use by the Renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Facility: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 3 AGENDA ITEM#4H SEPTEMBER 9,20I3 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified,nor sublet the facility or any part thereof, without the written consent of the City. 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten(10) days after receipt by the Renter of written notice thereof given by the City,then the City, at its option,may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not." IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of CITY I F ATLANTIC BEACH By: Its: 6 i 1® a" 1`d "CITY" 4 AG1 NDA LTEM H 411 SEPTEMBER 9,2013 ABAA Income Statement 2012 Revenue - Registration $70,902.00 -Concessions 30,600.00 -Sponsorships and Donations 7,105.00 - Fundraisers 17,300.00 -Tournaments 2,451.85 -Refunds and Rebates 728.43 - Extra Uniform Fees 3,041.00 - Advanced Play 8,399.00 - All Stars* 38,245.18 Gross Revenue $178,772.46 Cost of Goods Sold - Uniforms $23,809.33 -Concessions Food 26,880.88 Bank 1,644.50 Supplies 193.72 -All Stars 50,859.46 -Advanced Play 5,434.20 -Trophies 3,876.86 - Fundraiser Start Up Fees 10,520.00 - Registration Refunds &Returns 1,568.00 - Fall Farewell 4,801.94 -Umpires 20,205.00 Cost of Goods Sold $,`,149.793.8 Gross Margin $28,978.57 Expenses - General &Administrative $12,711.73 - Maintenance 7,502.98 - Equipment 4,902.35 - Personnel Expense Concessions Manager 8,500.00 Total Expenses $33,617.06 Net Surplus(( ae -rte) (-0 (037119 *All Stars are restricted farards and will be used far specific expenses. AGENDA ITEM#4H SEPTEMBER 9,2013 UHIC tIVIIYIIUU/T TTT) ACORDT. CERTIFICATE OF LIABILI 9 SU CE 3/7/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s PRODUCER CONTACT Cheryl l Pettibone NAME: K&K Insurance Group,Inc PHONE 800-441-3994 FAX 1712 Magnavox Way E-MAILo.Ext): (ac,No): P.O.Box 2338 ADDRESS: Cheryl.Pettibone©kandkinsurance.com Fort Wayne PRODUCER CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Nationwide Life Insurance Co. ATLANTIC BEACH ATHLETIC ASSOC BABE RUTH LG INSURER B: Nationwide Mutual Insurance Co. P.O.Box 331235 INSURER C: Atlantic Beach, FL, 32233 INSURER D: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ------------ THIS IS TO CERTIFY ERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYY)(MMIDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $ 300,000 B X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 RPG-257083-00 33/05/2013 02/01/2014 12:01AM 12:01 AM PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1,000,000 7POLICY PROJECT nLOC PARTICIPANT LEGAL LIABILITY $1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 (Ea Accident) ANY AUTO BODILY INJURY(Per person) ALL OWNED AUTOS BODILY INJURY(Per accident) 8 SCHEDULED AUTOS RPG-257083-00 03/05/2013 M M 02/01/2014 PROPERTY DAMAGE 12:01 AM (Per accident) X HIRED AUTOS X NON-OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DEDUCTIBLE RETENTION WORKERS COMPENSATION WC STATU- OTHER AND EMPLOYERS'LIABLITY Y/N TORY LIMITS ANY PROPRIETORSHIP/PARTNER( E.L.EACH ACCIDENT EXECUTIVE OFFICER/MEMBER N/A EXCLUDED? E.L.DISEASE—FJ�EMPLOYEE (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE—POLICY LIMIT PARTICIPANT ACCIDENT AD&D A PRIMARY MEDICAL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) ADDITIONAL INSURED: ANY PERSON,ORGANIZATION OR ENTITY WHO IS ENGAGED IN PROVIDING THE PREMISES,IS A SPONSOR OR CO. PROMOTER,BUT SOLELY WITH RESPECT TO THE OPERATIONS OF THE NAMED INSURED. SEXUAL ABUSE/MOLESTATION:$1,000,000 PER OCCURRENCE/$2,000,000 AGGREGATE CERTIFICATE HOLDER CANCELLATION EVIDENCE OF COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Evidence of Coverage THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENDA ITEM#4H SEPTEMBER 9,2013 UA IC tMINVVi iiii/ AC. CE TD RATE IF Lil i BLOW 1NSU CE 1 3/7/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ry Che I Pettibone NAME: K&K Insurance Group,Inc PHONE 800-441-3994 FAX (A/C,No.EM): (A/C,No): 1712 Magnavox Way EMAIL P.O.Box 2338 ADDRESS: Cheryl.Pettibone @kandldnsurance.com Fort Wayne PRODUCER CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIL# INSURED INSURER A: Nationwide Life Insurance Co. ATLANTIC BEACH ATHLETIC ASSOC BABE RUTH LG INSURER B: P.O.Box 331235 INSURER C: Atlantic Beach, FL, 32233 INSURER D: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS DD/YYYY LTR INSR WVD (MM/DD/YYYY) (MM/ ) GENERAL LIABILITY EACH OCCURRENCE B COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) CLAIMS-MADE OCCUR MED EXP(Any one person) PERSONAL&ADV INJURY GENERAL AGGREGATE — GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG — POLICY PROJECT ( LOC PARTICIPANT LEGAL LIABILITY COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea Accident) ANY AUTO BODILY INJURY(Per person) ALL OWNED AUTOS BODILY INJURY(Per accident) — B SCHEDULED AUTOS PROPERTY DAMAGE(Per accident) HIRED AUTOS NON-OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE — EXCESS LIAB CLAIMS-MADE AGGREGATE DEDUCTIBLE RETENTION WORKERS COMPENSATION WC STATU- OTHER AND EMPLOYERS'LIABLITY Y/N TORY LIMITS ANY PROPRIETORSHIP/PARTNER/ E.L.EACH ACCIDENT EXECUTIVE OFFICER/MEMBER N/A EXCLUDED? (Mandatory in NH) E.L.DISEASE—EA EMPLOYEE If yes,describe under E.L.DISEASE—POLICY LIMIT DESCRIPTION OF OPERATIONS below PARTICIPANT ACCIDENT 12:01AM 12:01AM A SPP-257084-00 03/05/2013 02/01/2014 AD&D $ 10,000 PRIMARY MEDICAL $ 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) ADDITIONAL INSURED: ANY PERSON,ORGANIZATION OR ENTITY WHO IS ENGAGED IN PROVIDING THE PREMISES,IS A SPONSOR OR CO. PROMOTER,BUT SOLELY WITH RESPECT TO THE OPERATIONS OF THE NAMED INSURED. SEXUAL ABUSE/MOLESTATION:$1,000,000 PER OCCURRENCE/$2,000,000 AGGREGATE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Evidence of Coverage THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENDA ITEM It 4H SEPTEMBER 9,2013 DATE(MM/DD/YYYY) ACORDTM EVIDENCE OF P `•PERTH INSURANCE 3/7/2013 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHONE COMPANY (A/C,No,Ext):1-800-441.3994 K&K Insurance Group 1712 Magnavox Way P.O.Box 2338 Fort Wayne,IN 46801-2338 FAX E-MAIL National Casualty Company (A/C,No):1-260-459-5120 ADDRESS: CheryLPettibone @kandklnsurance.com CODE: SUB CODE: AGENCY CUSTOMER ID11: INSURED LOAN NUMBER POLICY NUMBER KKO-31294-00 Babe Ruth League,Inc. ATLANTIC BEACH ATHLETIC ASSOC BABE RUTH LG EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL P.O.Box 331235 03/05/2013 02/01/2014 TERMINATED IF CHECKED Atlantic Beach, FL, 32233 THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATIONIDESCRIPTION Various THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE $5,600.00 Unscheduled Miscellaneous Equipment REMARKS Including S.ecial Conditions) Items Valued Over$5,000: SE — $1,500.00,FME —$3,500.00,CSE —$600.00,PSU —5.00, Deductible: $250.00 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN# Evidence of Coverage AUTHORIZED REPRESENTATIVE ACORD 27(2009/12) ©1993-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD _ I\ 0. "i /•\ / "‘ / ''01 i '0 1-0, 1 "r• i ', / "0 / `0. / "0. 1 e 's. / s• I' s• i s• / 'sr i No 0/ s• V 'so i s• I' N. V "0 1 \ i 's, 0-0 / ',. V. '0 / s* / ...-..- ,., _.:: 0 ",_u_-••t%A BARE RUTH gage Retea Al dear"Cee 9 /fee 411 • .-: Iti BABE RUTH . ..lib, „ • ..4'11;..?:4, BASEBALL r • Continuation of ebarter . e LEAGUE -- -, - 1 . ...,,i.. ,- ,..; tpiNt PKEr This is to Certify, that Babe Ruth League, Inc. hereby renews itt....411404r — 1 ".07.;=.F.r. . • ' ,r`alliIIIIP:„_.- ,L.,. ,...--t".i.:•-: Si_ - s - „kr . ATLANTIC BEACH ATHLETIC ASSOC BABE RUTH LG - Cal Ripken Baseball BABE RUTH Babe Ruth Baseball - -, ,7: tr. ILt. .i . ,......--- -- • Babe Ruth Softball • ----. 44 -...:: SOFTBALL N.-fr. '= ' [--ii::_,...__,..11-:--':1,,,.::!:::":':.::::;3:47..N14•....'.s.;.';''' -----,.---. - -1- /07i E-. .:' '1: . .... as registered league(s) of Babe Ruth League, Inc. . -..t., „.-. c c c 7 .:: A - IN WITNESS WHEREOF, Babe Ruth League, Inc., has caused this Certificate to be signed by its president, arid its corporate seal to be affixed hereto, and attested by its secretary. ,..„,.... ... ..... ‘4,''. - __..—C-5 .%ril —7777 ' Aiiir" ••=- i President -- ,......, 2013 Season , 9. . ' . , ... .. ... .?. 0 a —7 7... .r... = Secretary - - ,.... ,--.._ \ _-,,,,,,,,c-is,.,.."-„. -rc..._-"_-_,\___-.....,\,__,c__-.._,,N.- )..\...-_,:-...„"-,7\_-...:',.\-_,"...,a„?"..„-_,/‘ "0. -_0,"•:0,...•;PC. 2-A .5:k_ A„--.?\.00---7".- - 7\-_-_,--"\-- AGENDA ITEM#411 SEPTEMBER 9,2013 NON-PROFIT SrRGANIZATION DIRECTORS AND OFFICERS INCLUDING EMPLOYMENT PRACTICES LIAR BLUTY CERTIFICATE OF INSURANCE e—Pica e------_ _— ----- ---- ---- - -------- -- --- -------- Number: 16171 ISSUED: 03/05/2013 Company Affording Coverage: AUTHORIZED AGENT: NATIONWIDE MUTUAL INSURANCE COMPANY K&K INSURANCE GROUP,INC. THE COVERAGE SHOWN ON THIS CERTIFICATE IS CLAIMS MADE COVERAGE WHICH APPLIES ONLY TO CLAIMS FIRST MADE DURING THE COVERAGE PERIOD. This Certificate of Insurance provides you (the Insured Member) with the insurance indicated below as part of Master Policy #RPG-257055-00 issued to the Sports, Leisure and Entertainment RPG. This Certificate of Insurance together with the Master Policy Declarations, Coverage Form, Endorsements and Enrollment Form constitute the contract between the Insurer, the Organization and the Individual Insureds. Item A. INSURED MEMBER/PARENT ORGANIZATION ATLANTIC BEACH ATHLETIC ASSOC BABE RUTH LG P.O.Box 331235 Atlantic Beach, FL, 32233 ITEM B. COVERAGE PERIOD Effective: 03/05/2013 Expiration: 02/01/14 (at 12:01 a.m.Standard Time at the address of the Parent Organization) ITEM C. LIMITS OF INSURANCE PREMIUM $1,000,000 Limit of Liability Maximum Aggregate Limit of Liability for each Policy Year: $500.00 EXCLUDED EXCLUDED Outside Service Coverage: $ 500 Retention (Each Claim): INCLUDED EXCLUDED Medical Payments for Participants EXCLUDED Directors and Officers: EXCLUDED Volunteers: EXCLUDED Total Premium Fully Earned at Inception: $500.00 NOTICES: ALL NOTICES REQUIRED TO BE GIVEN TO THE INSURER UNDER THIS COVERAGE SHALL BE ADDRESSED TO: K&K Insurance Group, Inc. PO Box 2338, 1712 Magnavox Way Fort Wayne, IN 46801 By: % AUTHORIZED REPRESENTATIVE SIGNATURE SRPG3500 CERT(02/05) AGENDA ITEM#411 SEPTEMBER 9.2013 NATIONWIDE LIFE INSURANCE COMPANY (Herein called the Company) Home Office: P.O.Box 2399,Columbus,Ohio 43216 Nationwide CERTIFICATE OF INSURANCE MEMBER: ATLANTIC BEACH ATHLETIC ASSOC BABE RUTH LG ADDRESS: P.O.Box 331235 Atlenlie Beach, FL, 32233 The Company hereby certifies that the Member shown above Is insured under Policy Number 6A SPP-257084-00 which It has issued to: BABE RUTH LEAGUE, INC. 1770 BRUNSWICK PIKE TRENTON, NJ 08638 The Company will provide the insurance described herein.All of the benefits and provisions of this program of insurance will be determined in accordance with all of the terms of the Policy. COVERAGE PERIOD: From 12:01 AM on 0105/2013 to Midnight an 1131/14 All insurance under this Certificate will terminate on the earlier of the date of termination of the Policy, or at midnight on the last day of the Coverage Period shown above, without prejudice to any claim incurred while this Certificate is in force. Insured Person means rostered players, managing personnel (bat and ball boys/girls, score keepers, umpires and league officials),volunteers, persons trying out for team positions or persons acting in the capacity of managing personnel during preseason tryout sessions and Ladies Auxiliary/Booster Club members; includes these persons and registered campers at the Babe Ruth League, Inc. sponsored baseball camp and World Series participants. Covered Event means a Babe Ruth League, Inc. approved baseball/softball activity, practice sessions and baseball/softball games scheduled and supervised by Babe Ruth League, Inc.or one of its member leagues. Covered Event Includes any period when the Insured Person is participating under the direct supervision of the proper authorities of the league In approved tournament games as a member of the tournament team and while staying at the place of the tournament game. Covered Event includes Covered Travel as defined below. Covered Travel means team or group travel to or from the site of a Covered Event under the supervision of a coach or designated representative of Babe Ruth League, Inc. or one of Its member leagues. This certificate is subject to the laws of the state of New Jersey. BLANKET ACCIDENT BENEFITS CERTIFICATE SRBR-100-1 C AGENDA ITEM#4H SEPTEMBER 9,2013 6A SPP-257084-00 TABLE OF CO' TENTS HEADING SECTION General Definitions 1 Schedule of Insurance 2 Certificateholder Provisions 3 Benefits Provisions 4 General Exclusions and Limitations 5 Uniform Provisions 6 Special Provisions and Conditions 7 SRBR-101-1C AGENDA ITEM II 4H SEPTEMBER 9,2013 6A SPP-257084-00 SECTION I GENERAL DEFINITIONS 1. "Accident"or"Accidental"means an unforeseen, unexpected and unintended occurrence. 2. "Injury" or "Bodily Injury" means bodily injury which results directly from an Accident and which is independent from disease, sickness or other bodily infirmity. 3. "Covered Accident"means an Accident which occurs while the Policy is in force at a Covered Event. 4. "Covered Event"means those events and activities specified on the face page. 5. "Doctor" means a licensed physician, chiropractor, physical therapist, or other practitioner of the healing arts acting within the scope of his or her license. 6. "Insured Person"means those persons specified on the face page. 7. "Intoxication"or"Intoxicated"means that the level of alcohol in the Insured Person's blood is found to be at the time of injury at or above the level a person is presumed to be intoxicated in the jurisdiction where the Covered Accident occurred. SRBR-1 02-1 C AGENDA ITEM#4H SEPTEMBER 9,2013 6A SPP-257084-00 SCHEDULE CE INSURANCE (hereinafter referred to as Schedule) Initial Premium PER INVOICE SUBSEQUENT PREMIUMS PREMIUM DUE DATE AMOUNT DUE PER INVOICE PER INVOICE ACCIDENTAL DEATH AND DISMEMBERMENT ENEFIT Principal Sum $10,000.00 ACCIDENT MEDICAL EXPENSE BENEFITS Covered Accident Deductible Amount $100.00 or, if greater, the amount of benefits applied for on behalf of the Insured Person; Covered Expenses from all Disablements will be combined for the purpose of satisfying the Deductible Amount. Coinsurance Percentage 100 % Deductible Establishment Period 6 Months Benefit Period 12 Months Qualifying Period 365 Days Maximum Benefit Limit for other than Covered Travel $250,000.00 Maximum Benefit Limit for Covered Travel $100,000.00 Daily Room and Board Limit For Private or Semi-Private Room The Average Semi-Private Rate of the Hospital in Which Confined For Intensive or Special Care Reasonable and Customary Charge LIMIT OF AGGREGATE LIABILITY NONE BR-103-2(11-02) AGENDA ITEM#4H SEPTEMBER 9,2013 6A SPP-257084-00 SECTION 3 CERTIFICATEHOLDER PROVISIONS PREMIUM The initial premium must be paid on or before the effective date unless otherwise agreed to in writing by the Company. Subsequent premiums, if any, must be paid on or before the due dates or insurance will cease in accordance with the Grace Period provision described below. TERM OF POLICY AND CERTIFICATES The Policy is issued for the term specified in its face page. The Policyholder may terminate the Policy at any time by giving written notice to the Company.Such termination will be effective on the latter of a. the date the notice is received by the Company, and b. the day specified in the notice. The Company will make a refund of any premium paid for periods after the termination date. This Certificate is issued for the Coverage Period shown on its face page. The Certificateholder may terminate it at any time by giving written notice to the Company. Such termination will be effective on the latter of a. the date the notice is received by the Company, and b. the day specified in the notice. The Company will make a refund of any premium paid for periods after the termination date. GRACE PERIOD If the Policyholder has not previously given written notice to the Company that the Policy is to be terminated, a grace period of thirty-one (31) days, without interest charge, will be granted to the Policyholder for payment of every premium except the initial premium. During the grace period,the Policy will continue in force. REINSTATEMENT The Policy may be reinstated with the written consent of the Company.Application for reinstatement must be made by the Policyholder on forms provided by the Company. The Company will act promptly on an application for reinstatement. Failure of the Company to respond to any application for reinstatement within thirty (30) days of its receipt will automatically reinstate the Policy. All correspondence between the Company and the Policyholder concerning reinstatement must be conducted in writing. RENEWAL The Policy may be renewed with the mutual consent of the Policyholder and the Company. At least thirty(30)days before the Policy's ending date shown on the face page, the Company will advise the Policyholder in writing of the cost of continuing the Policy for another term unless it has advised the Policyholder of its intention to discontinue the policy. BR-103-2(11-02) AGENDA ITEM#4H SEPTEMBER 9,2013 6A SPP-257084-00 SECTION 4 ENEFIT PRSMI•.NS ACCIDENTAL NEATH AND ISME UEI I ENT The Company will pay the amount shown in the Table of Losses for a listed loss which: a. results solely from an Injury to the Insured Person which occurs during a Covered Event, and from no other contributory cause; and b. is sustained within one year after the date of the Injury. TABLE OF LOSSES FOR LOSS OF: AMOUNT PAYABLE: Life The Principal Sum Both Hands The Principal Sum Both Feet The Principal Sum Sight of Both Eyes The Principal Sum One Hand and One Foot The Principal Sum One Hand and Sight of One Eye The Principal Sum One Foot and Sight of One Eye The Principal Sum Speech or Hearing (both ears) One-Half the Principal Sum One Hand One-Half the Principal Sum One Foot One-Half the Principal Sum Sight of One Eye One-Half the Principal Sum Hearing of One Ear One-Half the Principal Sum Finger or toe, each $500 or 2%of the Principal Sum,whichever is less Permanent, natural and sound teeth Single: $25; Each additional: $10 Loss of hands and feet means loss by severance at or above the wrist or ankle joint or total and irrecoverable loss of use of these members as a result of damage to tissue of that member. Loss of finger or toe means total and irrecoverable loss of entire phalanges. Loss of sight, speech or hearing means their total and irrecoverable loss. In the event of multiple losses resulting from a single covered accident, only the largest amount payable will be paid. SRBR-105-3C AGENDA ITEM#4H SEPTEMBER 9,2013 6A SPP-257084-00 SECTO•N 4 BENEFIT •RSVISI®NS ACCIDENTAL DEATH AND ISMEMBERG ENT (continued) EXCLUSIONS AND LIMITATIONS No benefits are payable under this benefit provision for any loss caused or contributed to by: a. illness, or medical or surgical treatment thereof, including diagnosis; b. bacterial infection, except septic infection of and through a wound accidentally sustained; c. intentionally self-inflicted injury; d. a state of war or any act of war whether or not the Insured Person is in the armed services; e. participation in a riot or insurrection or as the result of the commission of a felony by the Insured Person; f. travel or flight in or descent from any aircraft, unless the Insured Person is a fare-paying passenger on a regularly scheduled flight on a commercial airline; or is a passenger on an aircraft chartered solely for the purpose of travel which has a valid airworthiness certificate from the jurisdiction in which operated and which is being operated by a duly licensed pilot; g. nuclear risk or incident. BENEFICIARY The beneficiary of the Insured Person is the person designated by him or her, on a form satisfactory to the Company, to receive any amount of insurance becoming payable under the terms of the Policy on account of his or her death. An Insured Person may change the beneficiary without the consent of any designated beneficiary, prior to designation of an irrevocable beneficiary, by filing written notice of the change on a form satisfactory to the Company. The new designation will be effective when the notice is received by the Company. The Company will not be liable for any payments it makes before receiving the notice. A new designation of beneficiary terminates the interest of any previous beneficiary. If more than one beneficiary is designated, but their respective interests are not specified, they will share equally. The interest of a beneficiary predeceasing the Insured Person will terminate and be shared equally by beneficiaries surviving the Insured Person, unless otherwise provided in the beneficiary designation. SRBR-106-2C AGENDA ITEM#46 SEPTEMBER 9,2013 6A SPP-257084-00 SECTION 4 BENEFIT PROVISIONS ACCIDENT MEDICAL BENEFITS The Company will pay the coinsurance percentage of"Covered Expenses"in excess of the Covered Accident Deductible Amount incurred by an Insured Person: a. in each Benefit Period: b. as a result of a Disablement. The amount payable will not exceed the Maximum Benefit Limit shown on the Schedule (Section 2). "Disablement"means an Injury sustained in a Covered Accident. All Injuries sustained in any one accident are considered one Disablement. COVERED EXPENSES For the purpose of these benefits,the term"Covered Expenses"means the reasonable and customary expenses incurred by or on behalf of an Insured Person for those services and supplies listed below which are: administered or ordered by a Doctor; medically necessary to the diagnosis and treatment of any injury; and not excluded by any provision of the Policy. Covered Expenses are limited to charges: 1. made by a Hospital for: i. daily room and board and general nursing services,or confinement in an intensive care unit, not to exceed the applicable maximum limits shown in the Schedule; ii. use of an operating,treatment or recovery room; and iii. emergency treatment even if confinement is not required. 2. made by a Doctor for professional services; 3. made by a licensed nurse, occupational therapist or physical therapist(who is not a member of the Insured Person's immediate family); 4. for professional ambulance service to and from a Hospital for necessary emergency care; 5. for drugs requiring the written prescription of a Doctor; 6. for diagnostic tests; 7. for the processing and administration of blood and blood components; 8. for oxygen and other gases and their administration; 9. for the cost and administration of an anesthetic; 10. for dressings, sutures, casts,splints,trusses, crutches, braces(except dental braces or corrective shoes),or other necessary medical supplies; 11. for the rental of a wheelchair, hospital bed or other durable medical equipment required for temporary therapeutic use, or the purchase of this equipment if economically justified,whichever is less; 12. for confinement in an Extended Care Facility which commences within five (5)days of a Hospital confinement of five (5)days or more; 13. for Home Health Care which is a. established and approved in writing by a Doctor and b. commences within seven (7)days of a Hospital confinement of five(5)days or more; 14. for artificial limbs, eyes or larynx(but not their replacement). SRBR-107-1 C AGENDA ITEM#4H SEPTEMBER 9,2013 6A SPP-257084-00 SEMI•N 4 BENEFIT PROVISI I NS ACCIDENTAL MEDICAL i ENEHITS (continued) DEFINITIONS 1. "Extended Care Facility"means an institution operating pursuant to the law or regulations where it is located a. which has facilities for ten (10)or more inpatients; b. which is engaged in providing skilled nursing care and related services under the supervision of a Doctor and Registered Nurses to persons recovering from illness or injury; and c. which maintains written records of the medical treatment of each of its patients. 2. "Home Health Care" means nursing care and treatment in a person's home by a Hospital certified to provide Home Health Care Services or by a certified Home Health Care agency. It includes daily living care services,such as, cooking, feeding, bathing,dressing,and personal hygiene,which the Insured Person is unable to perform for himself or herself. 3. "Hospital"means an institution which meets all of the following requirements; a. it is licensed (if required)as a Hospital; b. it is open at all times; c. it is operated mainly to diagnose and treat illnesses and injuries on an inpatient basis; d. it has a staff of one(1)or more Doctors on call at all times; e. it provides nursing services by Registered Nurses twenty-four(24) hours a day; f. it is not, other than incidentally, a skilled nursing facility, clinic, nursing home, rest home, convalescence home or similar institution; and g. it has organized facilities for major surgery or provides for such facilities for its patients through formal written agreement with other Hospitals. 4. As to professional fees, the term "reasonable and customary" means that the charge is not in excess of the most common charge for similar professional services in the locality where the services are received. If the charge is in excess of the most common charge, no payment will be made with respect to the excess, and the excess will not qualify as a Covered Expense under the Policy. The "most common charge" for any given service and locality will be determined in good faith by the Company. As to other services or supplies, "reasonable and customary"charges will be determined in good faith by the Company, using a comparison of charges made by other providers of similar services or supplies in the locality where the services or supplies are received. No payment will be made with respect to any amount in excess of the "reasonable and customary"charge. 5. "Pre-Existing Condition" means a condition for which the Insured Person received medical advice or treatment by a Doctor within twenty-four(24)months prior to his or her becoming insured under the Policy. SRBR-108-1 C AGENDA ITEM#4H SEPTEMBER 9,20I3 6A SPP-257084-00 SECT 4 ENEFIT PROVISIONS ACCIDENTAL MEDICAL BENEFITS (continued) EXCLUSIONS AND LIMITATIONS Covered Expenses will never include, and no benefits will ever be payable for any charges which: a. exceed the reasonable and customary charges; b. are incurred for dental work unless the Insured Person sustains a Disablement which results in damage to his or her natural teeth; c. are incurred for television, telephone, water pitcher, and other personal convenience items, or expenses for other persons,except as may be specifically provided for elsewhere; d. are incurred for services or supplies not specifically provided for in the Policy; e. which would not have been made in the absence of insurance or which the Insured Person is not legally obligated to pay; f. result from an intentionally self-inflicted injury; g. arise out of the Insured Person's participation in a riot or his or her commission of a felony; h. are incurred for cosmetic procedures, unless made necessary by a Disablement; I are incurred for eyeglasses, contact lenses or hearing aids or for any examination or fitting related to these devices unless made necessary by a Disablement; j. are incurred for care or treatment which is not medically necessary to the diagnosis or treatment of a Disablement; k. are incurred for the professional services of a person who is a member of the Insured Person's immediate family; I. are incurred for care which is custodial in nature; m. are incurred for experimental treatment or procedures; n. are incurred for articles of clothing which are intended for use more than once; o. are incurred for treatment of a Pre-Existing Condition,unless 1. During the period immediately preceding coverage under the Policy, the Insured Person was covered under another blanket accident benefits Policy issued by the Company, and 2. The Company paid benefits for the condition under the blanket accident policy under which the Insured Person was previously insured; p. arise out or war, invasion,acts of foreign enemies, civil war, rebellion, insurrection or insurgencies; and q. arise out of nuclear risk or incident. SRBR-109-1 C AGENDA ITEM#4H SEPTEMBER 9,2013 6A SPP-257084-00 SECTION 4 BENEFIT PROVISIONS ACCIC•ENTAL ME ICAL ENEEITS COVERED ACCIDENT DEDUCTIBLE AMOUNT The "Covered Accident Deductible Amount" to be deducted from the total Covered Expenses incurred by each Insured Person for each Benefit Period,will be the Deductible Amount shown in the application of the Policyholder. Only those Covered Expenses incurred during the Qualifying Period shown in the Schedule will be used to satisfy the Covered Accident Deductible Amount. The Covered Accident Deductible Amount will not apply to Covered Expenses specifically identified in the Schedule as not being subject to it. If no Covered Expenses are incurred within the Deductible Establishment Period following the Covered Accident, no Benefit Period will begin and no benefits will be payable for that Disablement. QUALIFYING PERIOD The "Qualifying Period" shown in the Schedule is the period of time within which the Covered Accident Deductible Amount must be satisfied. It begins on the date of the Covered Accident. MAXIMUM BENEFIT LIMIT The "Maximum Benefit Limit" shown in the Schedule, is the total benefit payable for eligible Covered Expenses incurred during a Benefit Period. EXTENDED COVERAGE Termination of an Insured Person's insurance under the Policy shall not affect benefits payable for any Disablement originating prior thereto. BENEFIT PERIODS "Benefit Period"means that period which: a. begins on the date of the Covered Accident; and b. ends i. on the expiration of the Benefit Period shown in the Schedule,or ii. if earlier, at the end of any period of twelve (12) months during which less than $500 of Covered Expenses are incurred by the Insured Person. "Benefit Period"will be not less than 36 months with respect to the removal of internal fixation devices installed in an Insured Person as the result of a Covered Accident. SRBR-111-2C AGENDA ITEM#4H SEPTEMBER 9,2013 6A SPP-257084-00 SEMI• N 5 GENE= L EXCLUSI S AND LLIMITATIINS This Policy does not cover, and no payment will be made for any loss or expense arising out of Injury caused by or resulting from: a. self-destruction or attempts of self-destruction while sane, or intentionally self-inflicted injury; b. the attempt by the Insured Person to commit a felony; c. the Insured Person's being intoxicated; d. the use by the Insured Person of narcotics unless administered on the advice of a Doctor; e. illness or disease, except: 1. as may result from an Injury sustained in a Covered Accident; 2. a cardiovascular accident, stroke or other similar traumatic event caused by exertion while participating in a Covered Event; 3. the aggravation of a condition such as tendonitis, strains, sprains and other similar conditions caused by exertion while participating in a Covered Event; f. war, invasion, acts of foreign enemies,civil war, rebellion, insurrection or insurgencies; g. nuclear risk or incident. The liability of the Company will not exceed the Limit of Aggregate Liability shown on the Schedule for all losses or expense resulting from a single Covered Accident or a single conveyance. If this amount is insufficient to pay all claims, each claim or loss will be paid at the ratio of the Limit of Aggregate Liability to the actual total liability resulting from the Covered Accident. SRBR-116-2C AGENDA ITEM#41-I SEPTEMBER 9,2013 6A SPP-257084-00 SECTION 6 UNIFORM PROVISIONS NOTICE OF C _ M Written notice of any Injury which may lead to a claim under the policy must be given to the Company within 30 days after the Injury, or as soon thereafter as is reasonably possible. Failure to give notice within such time shall not invalidate nor reduce any claim if it is shown that notice was given as soon as was reasonably possible. CLAIM FORMS The Company, upon receipt of a written notice of claim,will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If these forms are not furnished within 15 days after the notice is sent, the claimant may comply with the proof of loss requirements of the policy by submitting within the time fixed in the Policy for filing proofs of loss, written proof showing the occurrence, nature and extent of the loss for which claim is made. PROOFS OF LOSS Written proof of loss must be furnished to the Company within ninety(90) days after the date of loss. However, in case of claim for loss for which the Policy provides any periodic payment contingent upon continuing loss, this proof must be furnished within ninety(90) days after termination of each period for which the Company is liable. Failure to furnish proof within the time required will not invalidate nor reduce any claim if it is not reasonably possible. TIME FOR PAYMENT OF CLAIM Benefits payable under the Policy will be made immediately upon receipt of satisfactory written proof of loss, unless the Policy provides for periodic payments. Where the Policy provides for periodic payments, the benefits will accrue and be paid monthly, subject to satisfactory written proof of loss. PAYMENT OF CLAIM Benefits payable on account of the Insured Person's death will be made to the beneficiary. If no valid beneficiary has been designated, the Company will pay the Insured Person's estate, or at the option of the Company,to the following: a. the Insured Person's spouse, if living;otherwise b. the Insured Person's then living children, if any, equally; otherwise c. the Insured Person's surviving parent(s), equally;otherwise d. the Insured Person's surviving brothers and/or sisters, equally. If any indemnity of this Policy shall be payable to an estate of the Insured Person, or to the Insured Person or beneficiary who is a minor or otherwise unable to give a valid release, the Company may pay such indemnity, up to an amount not exceeding $1,000, to any relative by blood or by marriage of the Insured Person or beneficiary who is deemed by the Company to be equitably entitled thereto. Payment in accordance with this paragraph will release the Company from all liability hereunder for any amount so paid. The death benefits provided hereunder shall not be assigned,transferred,or encumbered,and to the extent permitted by law will be exempt from attachment and otherwise free from the claims of creditors of the Insured Person or beneficiary. All other indemnities of the Policy are payable to the Insured Person. All or any portion of any indemnities provided by the policy on account of hospital, nursing, medical or surgical services may, at the Company's option be paid directly to the Hospital or other person rendering such services; but it is not required that the service be rendered by a particular Hospital or person. Any payment made by the Company in good faith pursuant to this provision will fully discharge the Company's obligation to the extent of the payment. REIMBURSEMENT OF CLAIMS The Company shall reimburse all claims or any portion of any claim from an insured or an insured's assignee, for payment under the policy,within 60 days after receipt of the claim by the Company. If a claim or a portion of a SRBR-117-1C 1 AGENDA ITEM#411 SEPTEMBER 9,2013 SECT •N UNIFORM 1PROVISI•NS REIMBURSEMENT OF CLAIMS (continued) claim is contested by the Company,the insured or the insured's assignee shall be notified in writing within 45 days after receipt of the claim by the Company,that the claims is contested or denied; except that,the uncontested portion of the claim shall be paid within 60 days after receipt of the claim by the Company.The notice that a claim is contested will identify the contested portion of the claim and the reasons for contesting the claim. The Company, upon receipt of the additional information requested from the insured or the insured's assignee,will pay or deny the contested claim or portion of the contested claim,within 90 days. Payment will be treated as being made on the date a check is placed in the United States mail in a properly addressed, postpaid envelope or, if not so posted, on the date of delivery. CONTRACT The entire contract between the Company and the Policyholder consists of the Policy, the application of the Policyholder, and the applications, if any,of the Insured Persons all of which shall be attached to the Policy when issued.All statements contained in the applications will be deemed representations and not warranties. No statement made by an applicant for insurance will be used to void the insurance or reduce the benefits, unless contained in a written application signed by the applicant. No agent has the authority to make or modify the policy, or to extend the time for payment of premiums, or to waive any of the Company's rights or requirements. No changes to the Policy will be valid unless approved by an officer of the Company and evidenced an endorsement on the Policy or amendment of the Policy, signed by the Policyholder and the Company. TITLES OR HEADINGS The titles or headings used in the Policy are intended for reference only. They are not intended and will not be construed to be a substantive part of the Policy.They will not affect the validity, construction or effect of the Policy provisions. PHYSICAL EXAMINATION AND AUTOPSY The Company, at its own expense, will have the right and opportunity to examine an Insured Person, when and as often as may be reasonably required during the pendency of a claim under the Policy and to make an autopsy in the case of death,where it is not forbidden by law. LEGAL ACTION No action at law or in equity may be brought to recover on the policy prior to the expiration of sixty(60)days after written proof of loss has been furnished in accordance with the requirements of the Policy. No such action may be brought after the expiration of three (3)years after the time of written proof of loss is required to be furnished. CONFORMITY WITH STATE STATUTES Any provision of the Policy which, on its effective date, is in conflict with the statutes of the state in which it is delivered is hereby amended to conform to the minimum requirements of those statutes. ASSIGNMENT No assignment of the Policy, or any part of it, will be binding on the Company unless approved in writing by the President or Vice President, and Secretary of the Company.The Company does not assume any responsibility for the validity of any assignment. OTHER INSURANCE WITH THIS INSURER If an Insured Person is covered by other insurance issued by the Company which: a. duplicates any coverage of the Policy; and b. is not subject to the Coordination of Benefits or Excess provisions of this Policy, then the Insured Person (or his or her beneficiary)will elect the coverage of one policy. The Company will then return all premiums paid for the Insured Person's coverage under all other policies not paying benefits because of this paragraph. SRBR-117-1 C 2 AGENDA ITEM#411 SEPTEMBER 9,2013 ABAA 2013-2014 Fee Schedule Softball $75 Baseball $110 (Tball, Rookies, Minors, Majors) Seniors $120 AGENDA ITEM#4H SEPTEMBER 9,2013 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of /3 at Atlantic Beach, Duval County,Florida,by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road,Atlantic Beach, Florida 32233 (hereinafter"City"), and Brecht Catalan, Tennis Instructor of 12855 Greenmeadow Place Jacksonville, FL 32246 (904)241-4625 (hereinafter"Renter"). WHEREAS, Renter desires to use the following public facility: Jack Russell Park Tennis Courts 4, 5, & 6 and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily,weekly,monthly, during a particular season, or the like, which is more than a one-time use, and therefore a long term use, and WHEREAS,the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration,the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from October 1, 2013 through September 30, 2014. 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of$214.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax-exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City,to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager 1 AGENDA ITEM#4H SEPTEMBER 9,2013 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents and financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility,together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age,religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. i. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. j. Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys,Renter will incur the cost of re-keying or changing of the applicable locks. One key will be provided at no cost to Renter and any additional keys will require a$10 per key fee at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15th day of each month for a day or time period within the next month. For example, any organization requesting the short-term use of a City facility in the month of February could apply for such use after the 15th day of January. 2 AGENDA ITEM#4I-1 SEPTEMBER 9,2013 1. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least$1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property,the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis,taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Jack Russell Park Tennis Courts 4, 5 & 6 o. Additional provisions agreed upon by the City and Renter: None 4. Exclusive Use Dates and Times: See attached for schedule. The City retains the right to rent and use the facility at other times not specified for use by the Renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition,with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter,the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified,nor sublet the facility or any part thereof, without the written consent of the City. 3 AGENDA ITEM#41-I SEPTEMBER 9,2013 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten(10) days after receipt by the Renter of written notice thereof given by the City,then the City, at its option,may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so,the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to,reasonable attorney's fees incurred by the City, whether suit is filed or not." INiVITNESS WHEREOF,we have hereunto set our hands and official seals this day of ) CITY OF ATLANTIC BEACH By: Y: Its: lG.�� • , "CITY" 4 AGENDA ITEM#4H SEPTEMBER 9,2013 AC®R ® CERTIFICATE LIABILITY DATE(MMIDDIYYYY) I Page 1 of 1 06/21/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES . BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAMP Willis Insurance Services of Georgia, Inc. PHONE c/o 26 Century Blvd., (Ain,NOIFXT)• 877-945-7378 (Arc,No)• 888-467-2378 P.O. Box 305191 E-MAIL certificates®willis.com Nashville, TN 37230-5191 INSURER(S)AFFORDINGCOVERAGE NAIC# INSURERA:Philadelphia Insurance Companies 18058-900 INSURED INSURERB:ACE American Insurance Company 22667-008 United States Professional Tennis Association, Inc. 3535 Briarpark Drive INSURER C: Suite One INSURER D: Houston, TX 77042 INSURER E: I INSURER F: COVERAGES CERTIFICATE NUMBER:19988279 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L SUER POLICYEFF POLICYEXP LIMITS ITR TYPE OF INSURANCE INSRr win POLICY NUMBER (MM/nnlVVYV) NwnrwfYVV) A GENERAL LIABILITY PHPK948137 12/31/2012 12/31/2011 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Eaoccurence) $ 500,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ X Athletic Participant PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIESPER: PRODUCTS-COMP/OPAGG $ 1,000,000 X POLICY I- PFCa r- LOC COMBINEDSINGLELIMIT $ AUTOMOBILE LIABILITY COMBINED $ ANY AUTO BODILY INJURY(PerperSon) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS pROPERTYDAMAGE —AUTOS NED (Peracddent) $ HIRED AUTOS gUTOS $ A X UMBRELLALIAB X OCCUR pmJB403104 12/31/201212/31/2012 EACH OCCURRENCE $ 3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,000 DED I X (RETENTIONS 10,000 WORKERS COMPENSATION $ WCSTATIT 0TH TORY FR AND EMPLOYERS'LIABILITY EAGHACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE I/ I NIA E.L OFFICER1MEMBEREXCLUDED7 E.L.DISEASE•EAEMPLOYEE $ WO,atory,in NH) ESC I TI Bonder E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below - B XCQ G25833442 12/31/201212/31/2012 Excess Liability $5,000,000 Limit DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach Acord 101,Additonal Remarks Schedule,if more space is required) Brecht Catalan #29482 USPTA Members are Insureds for General Liability for playing, teaching or officiating in tennis or operating a tennis ball machine for practicing or teaching. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Atlantic Beach Atlantic Seminole Rd ® tl�k Atlantic Beach, FL 32233 Coll:4135281 Tpl:1659177 Cert:19988279 ©1988-2010 ACORD CORPORATION.Ali rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD - AGENDA ITEM#4H SEPTEMBER 9,2013 2012 Atlantic Beach Financial Report for Tennis lessons at Jack Russell Park ATT: Timmy Johnson FR: Brecht Catalan Winter/Spring Programs 14 Ladies 12 weeks $225.00 $1200.00 lO Men 12 weeks $150.00 $ 850.00 10 Juniors 12 weeks $150.00 $1200.00 Private Lessons 5 Students 12 weeks $ 200.00 $2000.00 Summer Programs 5 Ladies 6 weeks $ 75.00 $ 300.00 10 Men 6 weeks $150.00 $ 450.00 Juniors Camp (10) 2 weeks $175.00 $ 350.00 Private Lessons 6 students 6 weeks $240.00 $1800.00 Fall Programs Juniors Clinic(20) 12 weeks$120.00 $1500.00 Private Lessons 12 students 12 weeks $200.00 $1640.00 Adult Clinics 10 Ladies 12 weeks $ 75.00 $ 920.00 15 Men 12 weeks $225.00 $1115.00 AGENDA ITEM#4H SEPTEMBER 9,2013 Jack Russell Park Tennis Schedule Courts 4, 5, 6 Reserved for Lessons 2013 Sunday 3 pm—4 pm Private 4 pm—5 pm Developmental Clinic 5 pm—6 pm Cardio Tennis 6 pm—7 pm Private Monday 9 am—1 pm Junior Clinics—Private (seasonal) 11 am—2 pm Juniors—Advanced 4 pm—5 pm Private 5 pm—6 pm Junior Group Clinic 6 pm—9 pm Men's Advanced Clinic Tuesday 10 am—11 am Private 11 am—1 pm Junior Group 5 pm—6 pm Private 6 pm—8 pm Ladies Wednesday 11 am—1 pm Private 4:30 pm—5:30 pm Private 5:30 pm—6:30 pm Ladies League 6:30 pm—7:30 pm Developmental Thursday 11 am—1 pm Juniors 1 pm—2 pm Private 5:30 pm—6:30 pm Juniors Friday 5 pm—7 pm Private 6 pm—9 pm League Match Play(seasonal) Saturday 12 pm—4 pm Women's Doubles League (seasonal) For tennis Lessons or program information at Jack Russell Park, please contact Breck Catalan at(904)803-7213. AGENDA ITEM#4H SEPTEMBER 9,2013 Miscellaneous (less than 5 lessons each) $1840.00 Pro bono work $ 00.00 Tennis Carnivals,Volunteer hours (45 hours) Total earned $13,325.00 Fee Schedule Private Lessons $40 per person Cardio $10 per person Group Lessons $15 person person AGENDA ITEM#4H SEPTEMBER 9,2013 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of at Atlantic Beach, Duval County,Florida,by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road,Atlantic Beach,Florida 32233 (hereinafter"City"), and Linda White of 422 17th Avenue North, Jacksonville Beach, Florida 32250 (hereinafter"Renter"). WHEREAS,Renter desires to use the following public facility: The Adele Grage Cultural Center Community Room and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily,weeldy, monthly, during a particular season, or the like, which is more than a one-time use, and therefore a long term use, and WHEREAS,the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE,in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration,the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from October 1, 2013 through September 30, 2014. 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of$214.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax-exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City,to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager 1 AGENDA ITEM#4H SEPTEMBER 9,2013 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents and financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility,together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. i. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. j. Renter shall provide a written account of all security key cards to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of canceling the lost card and issuing a new one. One key will be provided at no cost to Renter and any additional keys will require a$20 per key fee at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15th day of each month for a day or time period within the next month. For example, any organization requesting the short-term use of a City facility in the month of February could apply for such use after the 15th day of January. 2 AGENDA ITEM#4H SEPTEMBER 9,2013 1. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis,taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Adele Grage Cultural Center Community Room o. Additional provisions agreed upon by the City and Renter: None 4. Exclusive Use Dates and Times: Yoga classes will take place on Sundays from 4 to 5 pm. The City retains the right to rent and use the facility at other times not specified for use by the Renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition,with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter,the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. 3 AGENDA ITEM#41-I SEPTEMBER 9,2013 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten(10) days after receipt by the Renter of written notice thereof given by the City,then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so,the City may cause such removal either with or without process of law,at Renter's expense. These expenses shall include,but not be limited to,reasonable attorney's fees incurred by the City,whether suit is filed or not." IN WITNESS WHEREOF,we have hereunto set our hands and official seals this ev`41 day of J1m L 2-0 (3 . CITY OF ATLANTIC BEACH By: 4///iL c Its: "RENTER" "CITY" 4 AGENDA ITEM#4H SEPTEMBER 9,20I3 Yoga Financials 2013 January (20 participants)/4 $200 February (17 participants)/4 $170 March (15 participants)/4 $150 April (21 participants)/4 $210 May(15 participants)/4 $150 2013 TOTAL $880 Serving 88 participants in 20 classes Fee for participants is $10/per class ACORDCERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DD/YYYY) mr 9/5/2013 PRODUCER THIS CERTIFICATE IS ISSUED AS AGENDA ITEM#4H Sports& Fitness Insurance Comp ONLY AND CONFERS NO RIGH' P.O. Box 1967 HOLDER. THIS CERTIFICATE DOI SEPTEMBER 9,2013 ALTER THE COVERAGE AFFORDE.. �. Madison,MS 39130 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:General Insurance Company of America Linda White, Linda White INSURER B: 422 17th Avenue North INSURER C: Jacksonville Beach, FL 32250 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR ; POLICY NUMBER .: _ uuP!.A>i r AA LIMITS A GENERAL LIABILITY LPF-9634381A 3/31/2013 3/31/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENED X COMMERCIAL GENERAL LIABILITY PREMISES(aoccureence) $ 1,000,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 10,000 X Professional PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PRO- JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) — PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBR ELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTIVE $ OFFICER/MEMBER EXCLUDED? E.L DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Yoga Instructors Certificate holder is named Insured. CERTIFICATE HOLDER CANCELLATION Linda White SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 422 17th Avenue North DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Jacksonville Beach, FL 32250 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) ©ACORD CORPORATION 1988 AGENDA ITEM#7A SEPTEMBER 9,2013 CITY OF ATLANTIC BEACH, FLORIDA CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Public Hearings on adopting a Tentative Millage Rate and adopting Ordinance#20-13-125 establishing the Operating Budget for fiscal year 2013/2014. SUBMITTED BY: Nelson Van Liere, Finance Director DATE: August 15, 2013 BACKGROUND: In order to adopt a millage rate and operating budget, the City Commission must adhere to a strict process per state law. Please find attached an outline for the public hearings to be held on September 9th, 2013 in the Commission Chambers at 6:30pm as was noticed to all property owners by the Duval County Property Appraiser's Office. The format is the same as in previous years and is to be read into the record as presented in order to assure compliance with the TRIM laws (s.200.065, F.S.). Prior to these hearings,the City Manager presented a Proposed Operating Budget and held three public workshops to review and make adjustments with the City Commission's guidance. The Proposed Operating Budget is funded using the millage rate of 3.3285 mills. This is a 0.39% increase over the roll back rate. Attached is a schedule of changes made to the proposed budget to arrive at the final budget. These changes were discussed in the budget workshops. There will be a second public hearing for the final adoption of the millage by resolution and a second public hearing for the final adoption of the Operating Budget, Ordinance#20-13-125, on September 23th, 2013 at 6:30 in the City Commission Chambers. RECOMMENDATION: 1.) Hold two public hearings as described in the attached outline to approve both the Tentative Millage Rate of 3.3285 mills and the Operating Budget Ordinance #20-13-125 with total expenditures of$29,482,771. 2.) Set the Time and Date of the Second Public Hearing at September 23, 2013 at 6:30pm. In the Commission Chambers of City Hall ATTACHMENTS: Agenda for Public Hearings Ordinance#20-13-125 Budget Summary of all Funds Schedule: Schedule A: Changes from Proposed Budget to Final Budget REVIEWED BY CITY MANAG ► • 1111111k''_ AGENDA ITEM#7A SEPTEMBER 9,2013 ADOPTION OF A TENTATIVE MILLAGE AND OPERATING BUDGET FOR FISCAL YEAR 2013/2014 First item to be considered: Adoption of a Tentative Millage Rate State the following: The Millage Rate is 3.3285 The Tentative Millage Rate is 3.3285 The Roll—Back Rate is 3.3156 The Tentative Millage Rate is 0.39%more than the roll back rate. The purpose for adopting the millage rate of 3.3285 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at anticipated and proposed cost and to continue to maintain the City's infrastructure. Motion to adopt a Tentative Millage Rate for operating purposes of 3.3285 Open Public Hearing Close Public Hearing and Vote Second item to be considered: Ordinance#20-13-125 establishing the Operating Budget for fiscal year 2013/2014 of 29,482,771 Motion to adopt Ordinance#20-13-125 establishing the Operating Budget for fiscal year 2013/2014 Open a Public Hearing Close Public Hearing and Vote AGENDA ITEM#7A SEPTEMBER 9,2013 ORDINANCE NO. 20-13-125 AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014. WHEREAS, the City Commission of the City of Atlantic Beach, Florida, on September 9, 2013, held a public hearing as required by Florida Statute 200.065; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, set forth the appropriations and revenue estimate for the budget for Fiscal Year beginning October 1, 2013 and ending September 30, 2014 in the amount of$29,482,771. 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 2013/20143 budget be adopted, and 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of September 2013. Passed by the City Commission on second and final reading this day of September 2013. Louis M. Borno Mayor/ Presiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney ATTEST: Donna L. Bartle City Clerk AGENDA ITEM#7A SEPTEMBER 9,2013 City of Atlantic Beach Combined Summary of Revenues and Expenditures Summary of all Funds Proposed Actual Actual Estimate Budget Increase 2010-2011 2011-2012 2012-2013 2013-2014 (Decrease) Cash Forward 30,599,832 32,307,612 37,492,961 39,632,528 2,139,567 Revenues General Fund 11,477,762 10,897,298 11,117,600 10,930,617 (186,983) Special Revenue Funds 1,653,595 1,806,722 1,524,530 1,368,339 (156,191) Debt Service Fund 69,719 73,548 67,345 0 (67,345) Capital Project Fund 947,525 602,658 15,000 495,000 480,000 Enterprise Funds 16,221,714 16,796,922 11,578,875 11,836,753 257,878 Trust and Agency Funds 1,371,433 4,552,027 3,450,338 3,520,661 70,323 Total Revenues 31,741,748 34,729,175 27,753,688 28,151,370 397,682 Other Financing Sources 1,106,319 591,427 0 0 0 Total Resources 63,447,899 67,628,214 65,246,649 67,783,898 2,537,249 Expenditures General Fund 10,193,315 10,430,632 11,001,270 11,502,894 501,624 Special Revenue Funds 1,829,084 2,047,749 1,213,848 1,693,895 480,047 Debt Service Fund 71,343 70,783 72,040 70,655 (1,385) Capital Project Fund 452,086 25,116 177 485,000 484,823 Enterprise Funds 16,288,520 15,967,357 11,638,538 14,125,893 2,487,355 Trust and Agency Funds 1,295,322 1,428,381 1,687,465 1,604,434 (83,031) DIVISION TOTALS 30,129,670 29,970,018 25,613,338 29,482,771 3,869,433 Other Financing Uses 1,010,617 165,235 783 0 (783) Cash Reserves 32,307,612 37,492,961 39,632,528 38,301,127 (1,331,401) Total Expenses and Cash 63,447,899 67,628,214 65,246,649 67,783,898 2,537,249 Resource Allocation Personnel Services 9,140,073 9,407,213 9,427,656 9,537,387 109,731 Operating Expenses 9,763,711 10,151,562 10,266,888 10,535,858 268,970 Capital Outlay 6,962,507 6,873,101 2,145,419 5,331,738 3,186,319 Debt Service 1,740,872 1,870,160 2,447,876 2,448,768 892 Transfers 2,522,507 1,667,982 1,325,499 1,629,020 303,521 Total 30,129,670 29,970,018 25,613,338 29,482,771 3,869,433 AGENDA ITEM#7A SEPTEMBER 9,2013 Schedule A Changes from roposed Budget to Final Budget REVENUES: Originally Proposed Revenues: $27,562,153 General Fund Internal Service Charges 20,217 Donation from Private Sources—Mayport Road Fountain 2,500 Transfer from Forfeiture Fund to General Fund 7,500 Transfer from Gas Tax Fund 82,000 Capital Project Fund—Marsh Preserve Transfer from Convention Development Tax Fund 35,000 Public Utilities Re-use Water Project Grant Proceeds 442,000 Revised Final Budgeted Revenues $28,151,370 EXPENSES: Originally Proposed Expenses: $27,769,495 General Fund Parks Bull Park Gazebo 40,000 Rose Park Playground Equipment 40,000 Public Works - Streets Division Welcome Signs 11,000 Robert Street Ditch Improvements 50,000 East Coast Drive Streetscape 79,000 Fountain on Mayport Road 7,500 General Government Sound System Upgrades 15,500 Police Department Expansion of the Kennel 40,000 Police Academy 7,500 AGENDA ITEM#7A SEPTEMBER 9,2013 Detective Off-site Office 40,350 Various General Fund Departments Salary and Benefit increase per Study and 2% Merit 163,857 Gas Tax Fund—Public Works Street Resurfacing <82,000> Transfer to General Fund for Public Works Street Division 82,000 Half Cent Sales Tax Fund—Public Works Seminole Road Streetscape 250,000 Street Resurfacing 82,000 Public Utilities Fund Salary and Benefits 36,738 Internal Service Charges 12,742 Building Department Salary and Benefits 4,775 Internal Service Charges 640 Sanitation Fund Salary and Benefits 638 Internal Service Charges 3,259 Storm Water Utility Fund Salary and Benefits 4,604 Internal Service Charges 3,138 Forfeiture Fund Transfer to General Fund for Citizen Police Academy 7,500 Convention Development Tax Fund Transfer to Capital Project Fund for Marsh Path Project 35,000 Pension Funds Internal Service Funds 435 Carry Over Items added to FY 2014, and deducted from the FY2013 budget. Public Utilities Effluent Outfall Replacement—Public Utilities - Sewer 300,000 Arc Flash Studies—Public Utilities— Sewer 60,000 Public Works Storm Water Utility AGENDA ITEM#7A SEPTEMBER 9,2013 East Coast Drive Drainage Improvements 317,686 C.D.B.G. - Streets Division Dutton Island Road Sidewalk 64,414 Capital Project Fund—Marsh Preserve Project Marsh Preserve Paths—Phase I— 35,000 Subtotal of Carry—Over Items: $777,100 Revised Budgeted Expenses: $29,482,771 AGENDA ITEM 8 7B SEPTEMBER 9,2013 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Parking in the right-of-way DATE: SttlyAugust 15 -14,2013 SUBMITTED BY: Michael D. Classey, Chief of Police SRATEGIC PLAN LINK: N/A BACKGROUND: Over the past several years the City has received numerous complaints about parking in the right-of- away,particularly on the through streets such as Seminole Road. Currently there are two city ordinances that address this subject. Ordinance 24-161 Off street parking and loading(1) (c)states the following: Parking for residential uses shall be located within paved or stabilized driveways,private garages or carports or such areas intended for the day-to-day parking of vehicles. Vehicles shall not be routinely parked within grassed or landscaped areas of a residential lot or on grassed or landscaped portions of public rights-of-way ad/acent to the lot. Chapter 24 pertains to Land Development Regulations and Zoning, In the past, Code Enforcement has attempted to control this through the issuance of warnings and putting the property owner on notice that it is a violation. That resulted in some improvement, but usually only in the short term. After a couple months,the violations usually return to the previous levels. Section 24-161 does not have a penalty component to it so the only enforcement mechanism is through City Code 1-11 which states the following: ... where no specific penalty is provided therefor; the violation of any such provision of this Code or any other ordinance or resolution of the city or such rule, regulation or order shall be punished by a fine not exceeding five hundred dollars ($500.00), or imprisonment for a term not exceeding sixty(60) days, or by both fine and imprisonment. The instrument used to charge the offense would be a Notice to Appear(NTA) issued by a police officer. This concept is problematic at best for a number of reasons. First of all, it would require a mandatory court appearance even if the person wanted to just pay the fine. Second the ordinance provides a penalty of up to $500 which the judge could apply on a first offense, Third, issuing an NTA requires personal service to the violator which require multiple attempts especially if someone is trying to avoid service. In the parking ordinance Section 21-23 "Parking more than seventy-two hours prohibited"states: AGENDA[TEM#713 SEPTEMBER 9,2013 No person shall park a motor vehicle on any street or right-ofway_for a period of time in excess of seventy-two (72) hours. Regular parking citations can be written for violations of Chapter 21. However, the difficulty in enforcing that section is that in most instances the vehicles are not parked there continuously for 72 hours, However,they may be parked in the right-of-way virtually every night,which is not aesthetically pleasing and causes damage to the landscaping. Further, parking in the right-of-way creates a public safety hazard by limiting the sight visibility from vehicle entering form side streets or other driveways. As staff understands it,the intent is to allow limited short term parking for guests and visitors, but not to convert it to regular parking for residents. If the Commission desires to have the ability to have enforcement action taken, staff recommends changing the title of that section, removing the current language and replacing with the below. Previous language amended per recommendation of City Attorney. Sec 21-23 in the right-of-way. �fllli*•ra �r jri4i saes■ . . . . , . •. . a� 1 Hate Parking in the right-of-way for short periods of time(not to exceed 8 hours) is permissible, Parking in the right-of-way is not untended to be a solution for limited driveway and/or garage parking. No person shall park in the right-of-way on a regular basis which is defined a 3 or more occasions in any sevenX7) day period. The amount of staff time to investigate these violations would be substantially greater than that of any other parking infraction given that multiple occurrences are required before it constitutes a violation. Therefore,the Commission may wish to consider setting a fine amount greater than the general $50 penalty. Staff recommends the fine for a first offense be set at$100. Further, the likelihood of repeat offense would be greater than with other parking violations. As such, staff recommends an inflating scale for subsequent offenses of$150 for the second within any 24 month period and $250 for third and subsequent offense with the 24 month period, Finally, for fourth and subsequent offense with any 24 month period the fine would be$500. BUDGET: None RECOMMENDATIONS: To provide the Commission with information and options for addressing the concerns over parking in the right-of-way and to seek their direction for staff. Per commission direction, changes to the ordinance are to be brought back for first reading. ATTACHMENTS: Draft of ordinances revisions. REVIEWED BY CITYM_AIY,IIG • "<-"`"/").,____ AGENDA ITEM#7B SEPTEMBER 9,2013 ORDINANCE NO. 75-13-19 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES ARTICLE II STOPPING, STANDING AND PARKING TO RENAME PARKING MORE THAN SEVENTY-TWO HOURS PROHIBITED TO PARKING IN THE RIGHT OF WAY WITH REVISED REQUIREMENTS AND TO PROVIDE A FINE STRUCTURE FOR VIOLATING THAT SECTION 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. Sec 21-23 of The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: "Sec. 21-23. Parking in the right-of-way. Parking in the right of way for short periods of time (not to exceed 8 hours) is permissible. Parking in the right-of-way is not intended to be a solution for limited driveway and/or garage parking. No person shall park in the right-of-way on a regular basis at his or her place of residence, which is defined as 3 or more occasions in any seven(7) day period." SECTION 2. Section 21-38 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to add a new subsection (i), to read as follows: "Sec. 21-38. Schedule of fines. There is hereby established the following schedule of fines to be assessed in cases of parking violations occurring within the city: (a) Parking in prohibited areas ..... $50.00 (b) Parking within fifteen (15) feet of fire hydrant $50.00 (c) Parking double ..... $50.00 (d) Obstructing traffic ..... $50.00 (e) Obstructing driveway ..... $50.00 (f) Parking over time limit ..... $50.00 AGENDA ITEM#7B SEPTEMBER 9,2013 (g) Other improper parking ..... $50.00 (h) Illegal parking in designated ADA Accessibility parking spaces $250.00 ci) Parking in the right-of-way: First offense..... $100.00 Second offense within 24 months of first offense ..... $150.00 Third offense within 24 months of first offense ..... $250.00 Fourth and subsequent offenses at any time ..... $500.00 SECTION 3. 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 reading 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 75-13-19 Page 2 of 2 AGENDA ITEM it 8A SEPTEMBER 9,2013 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Appeal of Community Development Board decision to allow construction of a fence exceeding four(4) feet in height with ten(10) feet of a property line at 298 Pine Street. SUBMITTED BY: Michael Griffin, CBO, CFM Building and Zoning Director DATE: August 15, 2013 STRATEGIC PLAN LINK: No Link BACKGROUND: This is a request submitted by Karen and Frank Bernstein for the appeal of a Community Development Board made July 16, 2013 denying a variance for a fence to be located closer than ten (10) feet to the side property line which abuts a public right-of-way at 298 Pine Street. Attached is a copies of the following related to the fence permit file: a. Fence permit issued March 3, 2013 b. Building permit application dated February 11, 2013 c. Site plan showing location of proposed fence d. Application Review and tracking forms from Donna Kaluzniak, Rick Carper and Erika Hall e. Plan review and corrections report from Erika Hall dated February 19,2013. Also attached you will find a draft copy of the July 16, 2012 Community Development Board minutes which includes the variance discussion and denial. A copy of the appeal application dated August 14, 2012 received from Rumrell, Bate, Mcleod and Brock, P.A. is also included. BUDGET: No budget impact RECOMMENDATION: Staff recommends upholding the Community Development Board decision not to allow a six(6) foot high fence to be placed within 10 feet of a side yard property line which abuts a public right-of-way. ATTACHMENTS: Copies of fence permit file, draft July 16,2013 Community Development Board minutes, application for appeal submitted by Rumrell,Bate, Mcleod and Brock,P.A. REVIEWED BY CITY MANAGER: AGENDA ITEM II 8A SEPTEMBER 9,2013 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.8. CASE NO ZVAR-13-00100063 Request for variance from the provisions of Section 24-157(c)(1), to allow the construction of a fence exceeding four (4) feet in height within ten (10) feet of a property line which abuts a right-of-way that is fifty(50)feet or less in width. Specifically, the applicant seeks to construct a six (G)foot high fence on the property line abutting Seaspray Avenue, which is a fifty(50)foot wide right-of-way. LOCATION 298 PINE STREET APPLICANT KAREN &FRANK BERNSTEIN DATE JULY 16, 2013 STAFF ERIKA HALL,PRINCIPAL PLANNER STAFF COMMENTS Background On February 19, 2013, Pence Property Maintenance acting on behalf of the property owners Karen and Frank Bernstein, applied for a building permit to construct a fence on the subject property. According to the building permit application, the work to be performed was "putting in a fence on side of house" and the attached site plan (sketched on a copy of a survey dated 12-3-2012), showed the proposed location as the northern property line and the street side yard adjacent to Seaspray Avenue. The application review and tracking form, prepared by building Department staff at intake, described the project as a "6-ft fence replacement". The application was then routed to Planning & Zoning, Public Works and Public Utilities for review. Planning and Zoning staff denied the application on first review,based upon the proposed location of a six (6) foot high fence on the property line of a street side yard adjacent to a right-of-way measuring fifty [50] feet or less in width, which is in conflict with Section 24-157(c)(1) of the land development regulations. Staff cited this provision and gave instructions as to how to revise the plans so the fence would be in compliance. The Planning & Zoning "correction report" was forwarded to the applicant, who then contacted property owner Karen Bernstein. Ms. Bernstein then came to City Hall and met with staff, who explained the fence provisions to her and reiterated that either the fence could be constructed at the proposed location at a height no greater than four(4) feet,or if the fence height were to exceed four (4) feet, it would have to be stepped in ten (10) feet from the northern (Seaspray Avenue) property line. Staff cautioned Ms. Bernstein if the fence was constructed in a manner (height or location) not in compliance with the Municipal Code, there would likely be Code Enforcement action taken. Feeling that Ms.Bernstein had a clear understanding of the regulations,and that the fence would be constructed on the property line at a height not to exceed four (4) feet, staff approved the building permit application that same day, February 19a, Public Works approved the application on February 22nd Public Utilities on February 25th,and the permit was issued by the Building Department on March 5 ti,, AGENDA ITEM 1/8A SEPTEMBER 9,2013 In mid-May,the Code Enforcement department began receiving complaints regarding a new six(6) foot high vinyl fence that had been constructed directly abutting the sidewalk running along the southern side of Seaspray Avenue and the northern property line of the subject property, The property owners were notified that their fence was not in compliance with the land development regulations. However, they disagree,stating that they were issued a valid building permit to construct the fence and now seek this variance to remedy the situation. I$ array AY...,..Nlmnt a Boma,FlordA,Lhvlsd Elates ' 3Y d gi^+•Mdc s r . . z -,..-7-k- a M 11 III. 1A11-.t-if.:,- fir. Art' i. • d. i A•- .0 ' �'" A le- ■+.. 1 4k Figure 1. 298 Pine Street prior to installation of fence. Google Maps Street View imagery dated March 2011,accessed online June 25,2013. I /'- _ f �11 r;: IPit ;� `, -" 4 ` _ Ill -- tc ,. ; � �., A 1,. I (If:?;e "e 1 I k ....,,.,.'' ` :> til I .. - • _ ,y -___ -- tea` + ■ ,. `. A,. A Figure 2. 298 Pine Street, view from northeast corner. Figure 3. 298 Pine Street, view from northwest corner. Staff photo taken on June 25,2013. Staff photo taken on June 25,2013. Page 2 of 5 AGENDA ITEM#8A SEPTEMBER 9,2013 Analysis Section 24-64(b)(1) provides that "[a]pplications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section." According to Section 24-17, Definitions, "[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach." Section 24-64(d) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. In the applicants' narrative "large volume of sidewalk use by school children going to and from school, side yard presents a dangerous condition for children" is listed as an exceptional topographic condition. Staff asserts that proximity of property line to side walk does not constitute an exceptional topographic condition, which is instead an issue of highly variable elevations over a lot. The subject property is relatively flat, with very little topographic variability,thus this particular ground for approval of a variance is not applicable. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicants' previous assertion regarding the large volume of sidewalk use by school children could possibly be considered as a circumstance impacting this and other properties directly abutting Seaspray Avenue. However, staff believes that knowledge of the school location and investigation of the impact of sidewalk traffic is a matter of due diligence, a burden to be borne by the property buyer, prior to purchase. Staff does not consider this condition to be valid grounds for approval of this variance. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The subject property is currently used as a single-family residence, consistent with other lots platted according to Section No. 3 of the Saltair subdivision, and consistent with the permitted uses provided within Section 24-106, Residential Single-Family (RS-2) districts. Neither presence nor absence of a fence, nor height nor location of a fence impacts the use of this property as a single-family residence or dwelling unit, which is defined in Section 24-17 as "a single unit providing complete independent living facilities for one (1) family as defined herein, including permanent provisions for living, sleeping, eating, cooking and sanitation". Therefore, this condition is not valid grounds for approval of this variance request. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The current fence regulation as stated above has been in effect since the adoption of Ordinance No. 90-03-184 on November 23, 2003. Prior to that date, the setback requirements for a six (6) foot high fence on a street side yard was more restrictive, being fifteen (15) feet, according to previous land development regulations adopted by Ordinance No. 90-01- 172 on November 26, 2001. Therefore, the current regulations were clearly in effect at the time of application for building permit and construction of the fence on the subject property. As noted above, staff reviewed the application for the fence permit, denied the request and provided the applicant with correction options. Further, staff met with the property owner and reviewed the correction options based upon current regulations. Therefore, there was no regulation enacted after the construction of improvements upon the property. In fact, the applicant acted in direct opposition to the direction of staff, having been advised both verbally and in writing, and constructed a fence in conflict with current regulations. Therefore,this condition is not valid grounds for approval of this variance request. (5) Irregular shape of the property warranting special consideration. The subject property is not of an irregular shape; rather it has a rectangular shape, consistent with other lots platted according to Section Page 3 of 5 AGENDA ITEM#8A SEPTEMBER 9,2013 No. 3 of the Saltair subdivision, as well as much of the City of Atlantic Beach. Therefore, this ground for approval is not applicable. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The subject property is not of a substandard size; rather it measures fifty (50) feet in width and one hundred (100) feet in depth, which is consistent with other lots platted according to Section No. 3 of the Saltair subdivision, as well as many platted lots within the City of Atlantic Beach, as this was previously the minimum lot standard for the City. Therefore, this ground for approval is not applicable. Section 24-64(c) provides specific conditions for denial of a variance, and clearly states: "Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situation created by the property owner." The applicants purchased a large-breed dog knowing their space limitations, knowing the proximity of their property to both the right-of-way (street and sidewalk) and the Atlantic Beach Elementary School, knowing the high volume of pedestrians on said right-of-way to and from the school, and having been advised of the permissible fence parameters by staff. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR-13-00100063, request for variance from the provisions of Section 24-157(c)(1),to allow the construction of a fence exceeding four (4) feet in height within ten (10) feet of a property line which abuts a right-of-way that is fifty (50)feet or less in width, upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described above. The Community Development Board may consider a motion to deny ZVAR-13-00100063, request for variance from the provisions of Section 24-157(c)(1),to allow the construction of a fence exceeding four (4) feet in height within ten (10) feet of a property line which abuts a right-of-way that is fifty (50)feet or less in width, upon finding that the request is either inconsistent with the definition of a variance, or it is not in accordance with the grounds of approval delineated in Section 24-64(d),or it is consistent with one or more of the grounds for denial of a variance, as delineated in Section 24-64(c),described below. No variance shall be granted if the Community Development Board, in its discretion, determines that the granting of the requested variance shall have a materially adverse impact upon one (1) or more of the following: (1) Light and air to adjacent properties. (2) Congestion of streets. (3) Public safety, including traffic safety, risk of fire,flood, crime or other threats to public safety. (4) Established property values. (5) The aesthetic environment of the community. (6) The natural environment of the community, including environmentally sensitive areas, wildlife habitat, protected trees, or other significant environmental resources. (7) The general health, welfare or beauty of the community. Variances shall not be granted solely for personal comfort or convenience,for relief from financial circumstances or for relief from situation created by the property owner. Page 4 of 5 AGENDA ITEM#8A SEPTEMBER 9,2013 ATTACHMENTS • Exhibit 1:BP-13-00002165,Fence Permit File o (a) Fence Permit, issued 03.05.13 o (b)Building Permit Application, dated 02.11.13 o (c)Site Plan showing location of proposed fence o (d)Application and Review Tracking Form -Kaluzniak, approved 02.25.1 o (e)Application Review and Tracking Form -Carper, approved 02.22.13 o (B Application Review and Tracking Form -Hall, approved 02.19.13 • Exhibit 2: Plan Review Corrections Report-Planning&Zoning, issued 02.19.13 Page 5 of 5 AGENDA ITEM II 8A SEPTE°MI3ER 9,2013 DATE: 2/19/13 PLAN REVIEW CORRECTIONS REPORT CITY OF ATLANTIC BEACH EXHIBIT 2 800 SEMINOLE ROAD ATLANTIC BEACH FL 32233 APPLICATION NBR . . . 13-00002165 ADDRESS - 298 PINE ST APPLICATION DATE . 2/19/13 APPLICATION TYPE . . FENCE PERMIT OWNER - BERNSTEIN 298 PINE STREET ATLANTIC REACH FL 32233 CONTRACTOR PENCE PROPERTY MANAGEMENT 12376 RUNNING RIVER RD S JACKSONVILLE FL 32225 AGENCY NAME: PLANNING & ZONING DATE ACTION ACTION BY 2/19/13 DISSAPPROVED - 1ST REVIEW ERIKA HALL PER SECTION 24-157 (c) (1) : For corner lots located on rights-of-way that are fifty (50) feet or less in width, no fence, wall or landscaping exceeding four (4) feet in height, shall be allowed within ten (10) feet of any lot line which abuts the street. Seaspray Avenue is a fifty (50) foot wide right-of-way; therefore, Section 24--157 (c) (1) applies . Either a four (4) foot high fence may be placed directly on the property line - the location indicated on the submitted site plan; OR, a six (6) foot high fence, as proposed on the application, may be placed ten (10) feet from the property line. Please either revise the application, changing the height of the fence to four (4) feet; OR, revise the site plan so that the location of the proposed six (6) foot high fence is ten (10) feet from the property line. r 4 '� :rie, EXHIBIT 1(a) ' '�, CITY OF ATLANTIC BEACH AGENDA ITEM if 8A 800 SEMINOLE ROAD SEPTEMBER 9,2013 ATLANTIC BEACH,FL 32233 INSPECTION PHONE LINE 247-5814 .rJF3 Lr Application Number 13-00002165 Date 3/05/13 Property Address 298 PINE ST Application type description FENCE PERMIT Property Zoning TO BE UPDATED Application valuation . . . 0 Application deac 6 FT FENCE Owner Contractor BERNSTEIN PENCE PROPERTY MANAGEMENT 298 PINE STREET 12376 RUNNING RIVER RD S ATLANTIC BEACH FL 32233 JACKSONVILLE FL 32225 (904) 535-3362 Permit FENCE PERMIT Additional desc . Permit Fee . . . . 35.00 Plan Check Fee . . .00 Issue Date . . . valuation . . . . 0 Expiration Date . . 9/01/13 Special Notes and Comments Roll off container company must be on City approved list and container cannot be placed on City Right-of-Way. (Approved: Advanced Disposal, Realco, Shappelle's and Waste Management.) Fee summary Charged Paid Credited Due Permit Fee Total 35.00 35.00 .00 .00 Plan Check Total .00 .00 .00 .00 Grand Total 35.00 35.00 .00 .00 PERNI1T Is,AI'I'UOVEID(IMIA'IN ACCORDANCE With /ALI.CITY OF r4TLANTIC IS15A(1l ORDINANCES AND'FILE FLORIDA IiUC1,UL [�t tuns, BUILDING PERMIT Arl'IJCATION EXHIBIT 1(b) CITY OF ATLANTIC BEACH $00 Seminole Road,Atlantic Beach,FL 32233 AGENDA ITEM# 8A ORice(904)247-5826 Fax(904)247-5845 SEPTEMBER MBER 9,2013 Joh Address: 74 A _, . , Permit Number:e Legal Description i t' , 1, P. ,d' ,■ , Paxccl# Floor Area of Sq.Ft. Sq.Ft Valuation of Work S = ' ' Proposed Work heated/milled non-heated/cooled Class of Work(circle one): ,, `'lrsw' ' Addition Alteration Repair Move Demolition pool/spa window/door Use of existing/proposed structure(s)(circle one): Commercial i Residential Ilan existing structure,is a fire sprinkler system installed?(Circle one): Yes No N lA Florida Product Approval / For multiple products use product approval farm Describe in detail the type of work to be performed: •r /1 / Y - , ' Pro wner In ormation: 1 ,�.'r•, 1 i �� i' 1 1'-;7- t=�•i Address: ' : `'). r Name:City L! - ,1,t r r+ _L'.,r;. - 1 Stater ±-.Zip's Phone +' E-Mail or Fax#(Optional) -- - Contractor Information: polo ' , CompanyName: r.,'._ :r: 7 i1" t Y (.r.'1>--I _Qualifying Agent: I .'e'.- P.t 14: - Address: 1•° , iv r i id Po _3'. City I. - ,. _State l e Zip - Office Phone _I_,•'r , Job Site/Contact Number Fax, Fax# - State Certification/Registration it - - Architect Name&Phone#_ _ - Engineer's Name&Phone/1 - - Fee Simple Title Holder Name and Address ��f�l Bonding Company Name and Address �r��t�` Mortgage Lender Name and Address 4pplieatlon la hereby made to obtain a permit to o the work and Installations as Indicated. I certify that no work or installation has commenced prior to the issuance fa permit and that all work will be per armed to meet the standards grail laws regulating constnfctian In this jurisdiction. This permit becomes null and k veld fr is commenced I understand that separatte months,or must st bessecured far work lectrical'Pork I Plumbing,abandoned for Wells,P000ls,Furnaces, e any Tanks end Air Conditioners,etc. WARNING TO OWNER; YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COIVUVIENCEMENT. I hereby eertiey that I have read and exanilned this licattan and know the same to be true and correct. All provisions of laws and ordinances governing this type of war*will be complied with whether',miffed' herein or trot. 711e granting of a permit does not presume to gave authority to violate or cancel the prosdslwts of any other jericral store,or local of regulating construction or the performance of coma-octant. -_ �A Signature of Centracto1 ` i s` -' Signature of Owner t7 � �. Print Name .1 fkr2tl1111.... ,tiL..... Print Name .,!. .d! I t 1.!e"i .... .'P.:? ...-.. Befor to I Bet'.'e , r , 20/3 this l5 'CGL- +L ,?0/ l s C]tryof__ fal:i^," '1.r 1 r Notary Public Rik:, 'IEISEAA wutr '° ,:;i(r va 14,2514{+ taYCOwIisSion P EE p&1935 4'„'yl�t Nem X un resse r■/ OIAIVArn 11 A exrtnes:Jow 1,2017 r u- -. Revised 10.24.12 EXHIBIT 1(c) 1 AGI NDA 1.1 I'N1 Il liA sI.I TEMIdd1I.9,2013 MAP SHOWING BOUNDARY SURVEY OF LOT 514, SECTION 3 SAL 1A44, AS RECORDED Irt PLAT DOOR 10. PAGE IG, DE 'RIB CURRENT PUOLI4 RECORDS OF DUVAL COUNTY. FLON14A G OFlEO TO; {RANK ULRNSI IN&KAREN BERNSTEIN DANK OF ENGLAND 41/l/.ENG LENDING PDr11E VEDRA flit r,LLC/NA tIAWAY&REYNOLDS,PA CLO RE.PUOEIG NATIONAL TALE INSURANCE CCUPANY S 00,141'4 LEO`50;, 401 SUZ 1A•, 50.00(PLAT} r r N23'27'TO" E f .. u, so.OLT' (MEASUI ) ,�' • p - .'11, i11'II1I1I11s Of SiA V 1 111111111111 !I ■I AT. r aista T;AtAt 111011'11111 '1 I• > :sa 1I;1I1III i ,.,s 1111111111111"1 ' . 119 42.1 �L1 , 111.1,1,1, E 5. L,1 id lay el Atlantic Beach 15 g 4 ,- a Nonni g nod Zoning Department' $ ; a rB QI: =4 $ Th1d appraual wines opmptlanth4 with lot p1i n Ttd I ei eoelnp, Out iVietdn and o .° �, g. u+° j1d devel6Pm+'nl r'g0lRtibna,$f d8ea 0100 Gfn81I1U1e - �" atPaowat tart :159-°11°-5 of d ell other r e1 IIahle V'k 11� u�1 r veldt Flortda e tidingd od �phrTdrutllln4 t'er4{tp 8111ants 1 w . toca,elate tl d F � � Inu4f be vafifl.d byy algnallittr to tll,OCatauanGatalli ' 11th{t t -_,"r—� a Build, Bowl,ert'CSI e �" e Building Per it. .R - ppprcvad 6Y,ijYyyw " !' Beta: -- - .. S 23'018'45" W ..1'+ R 50.17 (MEASURE,}) .I 30.0e'(PLAI} a- r pc E I br a ,n1 1 ed��//]� LEGEND: O -02.41.4",:.V 14. •P.l EA*Arum _,,,,,, ywral r.c rl , AAA d iura+.5Y 6.1191 oAnri r191ltit "' "tom'''pr�11OL ✓,{°.r uc IA.-.1.om IYt - I Vt.NCoal,c VR ♦ _ 9:.01LS �� `.�#:: REVISIONS um fw SURVEYING,EYING, 1C1rx WE DCSrdIIRnRa - - u., ■■■ SURVEYING {r,o �R low. {GvFnp auOly,'TANG fur Yu,i PQIVTEYLVIF T1TLE,L.L.C. 4111.51 m i4,Jhv 1 Wet 710 V VFF ■r)II In Jd^5a ,1g,RAIL 12507 N III 1111 1 • 11 r, IIxa 445-7125 0.0 N04416-5178 — JOB 218410 Cr FIELD SURVEY:12-3-2412 1 SCALE: -1 � CERTIFICATE NCKAlli I IMAM'MIN 1,441 A•' mem M,79,;+4.{1010 V1!,.A u P 110 a rnra OR.P•tiSSiA�. ar gm El..a•4-OUttB¢'.d.r Am 19011 nK 1.mm p1 rat '�'.'V1€I'„,,,.„.p:Iaia.e.nnro". 1114749 y 0 n[ 1WII1199 OILY p 1(tA1,fa7,i I¢MOLL WW1 MOD 9,RAa1S5� r 8 A 97 CA• R@j1AM OAT n4 4 pi4 ixf IOW 11F WW1 FLOW x W AW+1,suh.S4. _1 1 +_;W 1 a tour4 516NV1} 5 MAMMY PI M[1-5.119910 KOOO I .M1_8,.VlY, OAR@ 1JPa 17.1 111.m rwuu84417 Ilel.ISO9,b O AS RmLJa.. ▪ 6Y4 RMtLP RLR1E14 101 1r F 10 R 0 Ib1H1 1Y O1 65 KR IItlO Ill !, 0O 1404,,IR{4m09 0101 F 00 Loo.VALES 994L9M6t 41.014 kb AIIIM11.{Y1ow' 111159E hr I 1011l 1. lM1 IR{16 N 7.17 14 4'e P 0L lL"f C PU 9,. PO f.,..'a ROT 11{91111149 7{11 wnI(RnC9,R011StIRa{c pUuIU.L R[06IS 1tr.P BUR V aJMP-.. r 144 R1Alr a!k{YU1w PO 1,In 910110 1100010l19 K0 U{ �tr�2fr; +. ' YaF1 LAND SURVEYS o maisTRUCfCLN sURVEYS o-- sUBOPVisioNS RECEIVED EXHIBIT 1(d) vs> ,P r.:7,1 , City of Atlantic Beach FEB 1 9 ZOI3 APPLICATION NUMBER m tip-# 1= Building Department (To be assigned by the Building Department.) 4 rri 800 Seminole Road , 2 h7 Q viliw Alieniic Beaet�,Fiarida 32233=54 Phone(904)247-5826 Fax(804)247-9845 m otr yr Email: building-dept©coab.us Date rained: 7a cr1 City web-site' hllp:liw4w,r.coab-us APPLICATION REVIEW AND TRACKING FORM Property Address: 91 Pionf ITT Department review required Yes No Applicant: erie(Pro pg f 1y /WA- (Planning&Zonin Tree m inislrator Project: farA qd.�>f ii ill ! m�lc_Uti(It *- Public Safety Fire Services Review fee$ Dept Signature . Other Agency Review or Permit Required Review or Receipt Date of Permit Verified By Florida Dept.of Environmental Protection Florida Dept.of Transportation St.Johns River Water Management District Army Corps of Engineers Division of Hotels and Restaurants _ Division of Alcoholic Beverages end Tobacco Other: APPLICATION STATUS Reviewi REFiTT',l EXHIBIT 1(e) * City of Atlantic Beach e ,r l'; APPLICATION NUMBER a Building Department (To be assigned by the Building Department 800 Seminole Road / t' v; Atlantic Basch,Florida 32233-(5445 B 1'._ ! tr Phone to ulI 247 apt Fax(8t}4) 5895 Q ri y>- E-mail: budding-dept@coab.us Date routed: City web-site: http.liwww.coab.us • to m APPLICATION REVIEW AND TRACKING FORM re,' � Property Address: 98 / L "T Department review required ' Yes No Fit/Ming Applicant: MCP d � !� I / �' Planing 8 Zonin Tree Administrator Project: 11x1 GIL At rc All ;rr L blic Wa 1 0 (Pm blic-J till Tfp- Public Se'fety Fire Services Review lee$, _ Dept Signature /t' - Review or Receipt Other Agency Review or Permit Required Kermit Verified By Data Florida Dept.of Environmental Protection Florida Dept.of Transportation _ St.Johns River Water Management District Army Corps of Engineers 1 Division of Hotels and Restaurants Division of Alcoholic Beverages and Tobacco Other: - _ APPLICATION STATUS Reviewing Department First Review: ! Approved. ['Denied. (Circle one.) Comments: //�" BUILDING p_ PLANNING&ZONING Reviewed by: Date: -1/1 ;b TREE ADMIN. Second Review: DApproved as revised. ['Denied. PUBLIC WORKS Comments: PUBLIC UTILITIES PUBLIC SAFETY Reviewed by: Date: FIRE SERVICES Third Review: ❑Approved as revised. ❑Denied. Comments: Reviewed by; Date: Rovlsod 07/27/10 EXHIBIT 1(f) . ► ,4,, City of Atlantic Beach APPLICATION NUMBER 7} :, * Building Department (To be assigned by the Building Department.) en 0 SOO Seminole Road , 2/(/5 z � Atlantic Beach,Florida 32233.5445 t7 Phone(904)247.5828 Fax(904)247.5845 _ ;.as• E-mail: building-dept @caab.us Date routed: 4 13 _ G� City web-site` hitp iiwww.coab.us ;off APPLICATION REVIEW AND TRACKING FORM 4 Property Address: 9e9P /�� Department review required Yes No 'Roe g n9 Applicant: i Pro r1j *owl* Plannt &2onin Tree ministrator Project: /1t ublic ar Ir Public Safety _ Fire Services Review fee$ Dept Signature _ Other Agency Review or Permit Required Review or Receipt Dale of Permit Verified By Florida Dept.of Environmental Protection Florida Dept.of Transportation St.Johns River Water Management District Army Corps of Engineers Division of Hotels and Restaurants Division of Alcoholic Beverages and Tobacco , Other: APPLICATION STATUS Reviewing Department First Review: Approved. p---Hied. (Circle one.) Comments: -BUILDING--_ PLANNING&ZONI Reviewed by: Date: 173//91/ REtr ADMIN, Second Review: DApproved as revised. ['Denied. PUBLIC WORKS Comments: PUBLIC UTILITIES PUBLIC SAFETY Reviewed by: Date: FIRE SERVICES Third Review: Approved as revised. ]Denied. Comments: Reviewed by. Date: Revised 07/27110 /o 'u 3 › � M nit+ - ,ri 1 m i .tm jr x ' [�d/ G7 APPLICATIION FOR A VARIANCE City of Atlantic Beach • 801)Seminole Road •Atlantic Beach,Florida 32233-5445 Phone: (904)247.5800 • FAX (904)247-5845 • http:/lwww.conh.us Date 7.Ttmap. i la File No. _14J _t_ i`)1rit) e, I. Applicant's Namer'(i . 4 x neln 2. Applicant's Address 1 •,�tr - 6A__ tR f tut. • :� 4. _ 1 L.� a 3. Property Location 2A 6) f i6e.rDA- Y '11•' i'L� 1, fl_ 5ii38 ti-U.av' C.3 I- -gig' 4. Property Appraiser's Real Estate No aher / 7 4g - 000o 5. Current Zoning Classification S - 2 6. Comprehensive Plan Future Land Use designation 7. Provision from which Variance is requested '� / ! 8. Size of Parcel 4. Homeowner's Association or Architectural Review Committee approval required for the proposed construction. Dyes el No (If yes,this must be submitted with any application for a Building Permit.) 10. Statement of facts and site plan related to requested Variance,which demonstrates compliance with Section 24-64 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site plan must clearly describe anti depict the Variance that is requested. 1 J. Provide all of the following information: a. Proof of ownership (Weed or certificate by lawyer or abstract company or title company that verifies record owner us abort:). 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 dcscripticau of property for which Variance is sought. c. Required number of copies: Four (4), except where oriainai plans, photographs or documents taa'gcr• than I tsl7 inches are submitted. Please provide eight (!l)copies of any such documents. 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 tannte(s)t f"-'Y-conk - se,iY1 4e111 le-U \ -Bey't1:5 1Y1 gi,,,,, i3a,,,,A,..__, ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: Z!- c'. ; a. s A. II . ___ - Mailing Address: : `i-r6 Pole- P 4 ri.r'1i-110- , FL 32.23 _ Phone: 124-6'46-614 6.) PAX: E-mail berila1113 67)C-o`.ci rr-a 91. 4111 \3•y :nom el 0 �, Isl L7 y Section 24-17, Definition of a Variance., r� 0 I > A Variance shall mean relief'granted from certain terms of this Chapter. The relief granted shall be only to the extent as expressly allowed by this Chapter and may be either an allowable exemption font certain provision(s)or a relaxation of the Mick, Literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this Chapter,and such relief may be subject to conditions as wet forth by the City of Atlantic Beach. See. 24-64, Variances. A Variance tray be sought in accordance with this Chapter. Applications for a Variance may be obtained from the Community Development Department. A Variance shall not reduce minimum l.ot Area,minimum Lot Width or Depth; and shall not increase maximum 1-lei elat of Building or Impervious Surface Area as established for the various Zoning Districts, Further,a Variance shall not modify the Permitted Uses or arty Use terms ofd properly. (a) Application. A request for a Variance shall be submitted on an application form as provided by the City and shall contain each of the following. (I)a complete legal description of the properly for which the Variance is requested. (2) a reasonable statement describing the reasons for the Variance. (3) a survey or Lot diagram indicating setbacks: existing and proposed construction, as well as other significant features existing on the Lot. (4) the signature of the owner, or the signature attic owner's authorized agent. Written atuhorir ation by the Owner for the agent to act on the behalf of the property owner shall be provided with the application, (bi Public Hearing. Upon receipt of a complete and proper application, the Community Development Director shall within a reasonable period of time schedule 111E application for a public hearing before the Community Development Board following required public notice. At the public hearing, the applicant may appear in person or may be represented by an authorized agent. (c) Grounds for denial of a Variance. No Variance shall be granted if the Community Development Board, in its discretion,determines that the granting unite requested Variance shall have a aiiaterially adverse impact upon one or inome'oiIlte fotlnwirig, (I) light and air to adjacent properties. (2) congestion of Streets, (3) public safety, including risk of lire. flood, enure or other threats to public safety. (4) established proper() values. (5) the aesthetic ettvirontltetll of the community. (6) the natural environment of the community. including Environmentally Sensitive Areas, wildlife habitat, Protected Trees,or other significant environmental resources. (7) the general health,welfare or beauty of the community. VartancCS shall not he granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situations created by the property owner. �- — /� Orfle(`k,3 The follryryine f raf;r rph sets forth reasons for which ht Variance may he approved. Please > check the circumstances that t apty to your request and briefly describe in the space provided. y (d) Grounds for approval of Variance. A Vaa•iance !nay be granted,at the discretion oi'the Community Development m Board, for the following reasons. ►# {I t exceptional topographic conditions or near the properly. l l ` 91 t tit(i °>. ❑ACC AL�... rig •g s r'� a " ■ t 1 • '• pre‘seA. r nut— t2 .G'F.L .hr, J(2) surrounding conditions or circumstances impacting the property disparately Gum nearby properties, El(3) exceptional circumstances preventing the reasonable use(lithe property as compared to other properties in the area, E 14 i onerous effect of regulations enacted after platting or aflcr development of the property or atter construction of improvements upon the property /,,irht r � +�� _ -_ /- L.V m t �l ti i�Pc ❑ (5) irregular shape of the property warrahiting special consideration. - - - - -- ❑ (6) substandard size of a Lot of Record warranting a Variance in order to provide for the reasonable Use of the property, (e) Approval of a Variance. To approve an application for a Variance. the Community Development Board shall find that the request is in accordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter, (f) Approval of Lesser Variances. The Community. Development Board shall have the authority to approve a lesser Valiance than requested il'a lesser Variance slhnll be more appropriately in accord with the terms and provisions of this Section and with the Purpose and lnicnr of this Chapter. (g) Nearby Nonconformity-. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds far approval of a Variance. (ht Waiting period for re.submittnl. if an application for a Variance is denied by the Community Development Board, no further action on another application for substantially the sane request on the same property shall be accepted for 365 days from the date of denial, (i) Time period to implement Variance. Unless otherwise stipulated by the Community Development Board,the work to be performed pursuant to a Variance shall begin within six(6)months from the date of approval of the Variance The Community Development Director. upon finding of good cause. may authorize a one time extension not to exceed an additional six(6)months,beyond which time the Variance shall become null and void. ) A Variance. which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. ls. i ? C)c) .fir° Additional comments: li x ion_ ttYr7'1 oiur horitie, in. c/o/win tx �' 'aVn, +71-11€.6 V �,�7 �`''� {��i J�f� i /r �y }��■�y/y{(�� q "��rr,,, I r plie D f 1 1 4Le_. i. . r bD [ `J �� ) t YuI ( r n Oly r . 1A _ t . a► , 0 1 j 4Im rr r7 'nri �° 4-hr 0.4,..nt cif p &d€ fr-If 0 4--1/2 , 61 L r.. V_ , fl(\a a, rvii 116\ t t 4k,. pxED 1-6i_fe2 e oo t 0- e V\1Y- y4edgayi Y 1 'S fitted) A 96CDA.1 4- V 0 carol. _Lots G J LI t40—Yo 6, 2b 3 a Ifixt,-(OpobecA et,_` e_11ou) 1 V&A c1 6.1C3 )2-410k► �1 r -c-tAe\m„, ii.Ales.r \+re_s.t rii wr v.t t (s-sytt-a + U #h 4 ' TYw -kvx\o,e. 16 C'_► nnp..r4-mil +0 N.i k ne th Acvmr r\pi Wor rr , d _v � �� 1\?u. -. (k)Lon. ea ' pu_tL die_ oo more lA thoan hie )6(1.t,. -`t\rte , (Mari l r zine ! ea-.e.h. !tt.I&A •r' .` yr , r: k_A j .M a tilt/ . Tr. • 6461 f - Ya itr tkrs \oe. rkey- . AGENDA ITEM#8A SEPTEMBER 9,20I3 Pre arced b and return to: Debbie Thompson Ponte Vedra Title,LLC 50 AlA North,Suite 108 Ponte Vedra Beach,FL 32082 Pile Number: PVT12922 (Space Above This Line For Recording Data) Warranty Deed This Warranty Deed made this 10th day of December, 2012, between Kelly M. McCaw, an unmarried woman whose post office address is 1657 Fenton Avenue, St Johns, FL 32259, grantor, and Frank Bernstein and Karen Bernstein,husband and wife whose post office address is 298 Pine Street,Atlantic Beach,FL 32233,grantee: (Whenever used herein the terms "grantor"and "grantee" include all the parties to this instrument and the heirs, legal representatives,and assigns of individuals,and the successors and assigns of corporations,trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate,lying and being in Duval County,Florida,to-wit: Lot 514,SECTION No.3 SALTAIR,a subdivision according to the plat thereof recorded at Plat Book 10, Page 16,in the Current Public Records of Duval County,Florida, Parcel Identification Number: 1705490000 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, To Have and to Hold,the same in fee simple forever, SUBJECT TO covenants,conditions,restrictions,easements of record and taxes for the current year, And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances,except as specified herein, Warranty Deed-Page I Z\/At .: - f.,c l 3 AGENDA ITEM#8A SEPTEMBER 9,2013 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,sealed and delivered in our presence: AL1riI<-L i tied/4, itness I Signature Ruth K. A cDonald .x:14► t1�rf Witness I Printed Name Ke lyll cCaw f IL f itness' 2 Signature 1 0 6 ' 710 aii alio I Witness 2 Printed Name State of rioted4 County of -i . ' The foregoing instrument was acknowledged before me this/Q /t, ,day of y t♦,�' ,ltd e, ,20/2- by Kelly M.McCaw,an unmarried woman,she(_)is personally known to me or( 1r )has produced 4 vfl?21" t ' VER'S UCF NSFion. /.i 4L t i/ _I'LL _4 ��,�tin% Ruth V..NAc0t0C1:1d otary Public i14 t't1?a:<• �.�f.6NMi551oi!#fF.19A379 Ruth K.c�ar RIVES:MAY 27,2D1A Printed Name: McDonald 760:, YtYiW.AARUYNOfARYsam My Commission Expires: Warranty Deed•rage 2 -Z✓4k ( ctiaoo AGENDA ITEM#8A SEPTEMBER 9,2013 MAP SHOWING BOUNDARY SURVEY OF LOT 514, SECTION 3 SALTAIR, AS RECORDED IN PLAT BOOK 10, PAGE 16, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, FRANK BERNSTEIN&EDKAR N BERNSTEIN BANK OF ENGLAND d//b/D ENG LENDING PONTE VEDRA TITLE, LLC/HATHAWAY& REYNOLDS, PA OLD REPUBUC NATIONAL TITLE INSURANCE COMPANY ��1��C LOT 503 LOT 502 °�6. / yVV� 50.00'(PLAT) / I N 2377'10' E �' 4• . a. 50.00' (MEASURE)) ''..- LoT 514 414:1,0411111111111111, it s 1::tllllllllllllli i1 / :! %∎qll/lllr ■1'1-'gf•41X11$ $' ' {o^ 256. N;_:Illlll'ITS+% ,Y a' m•6• I IIIIIIlIri '•6 Q / a w +s' Di' j LOT 515 8O n Di¢ � o '.g. m•" }� —I z( _ N- O' W Q i •i En n_ N N Z — S 23'08'45• W 50.17 (MEASURED) COO. 50.00'(PLAT) PINE STREET 150•NWT Of NAY) LEGEND: o '6,—A.4m P➢H�R PC - PUNT EP CURVATURE •-,ONO Hh,WoN PPE PT- PORT Of 1ANC01 5P LESS ORERVATE NUM PSI - PUN!II RM� CONT OF C U.4"a{CUfIE NUIUYOIf FCC -PUNT 6 CC4PWW A/C - CUNUTAIER O Cam'VATU� EF;-^;:vial Ray Thompson REVISIONS I♦', ;1U SURVEYING, Inc. DATE DESCRIPTION It' •I1k1IN !Going the DISTANCE for You' .1/III 4613PT11p Highway.Suite 210 PONTE VEDR TITLE,L.L.C. Ti r:: JaGk6onKEe.Florida 62207 (.,I;,AIIlM (Phone)904-098-5120 (Fax) 904.44 8-5178 JOB;V 21849 I DATE OF FIELD SURVEY: 12-3-2012 I SCALE: 1`= 20' NOTES: CERTIFICATE 1:BEARNGS ARE BASED DN THE ASSUMED BEAR20 or-_11_61TI0.QQ_?W__ I HEREBY COREY 111AT �'.1' 0 a•NY RESPONSIBLE CHARGE ALONG 11E 500 H1ES109,1(0.00ARY UNE a SUBJECT PARCEL. AND MEETS BR NW6111 1 •I'AL STS-•••-s...,i .•sot FORTH BY 1NE 400500 2 BY Nip NIC PLOTTING OILY 111C CAPT10NED LANDS LIE WNW ROOD 2Ot 00A5D W P500(0CNEE ''7111006 eta 2142 ■ CHAPTER 6101]-6•Ft0R:DA X 0 A' AS SHOWN ON THE NATIONAL ROOD INSURANCE NAP, ADRUNSIRAL. ••-.I�-•.ANT TO SELSON 4 +70 MBA STATUTES DATED APRIL 17.1989.COMNUNETY NUMBER 120075 PANEL(ENll n, z ` s TWS SURVEY REFLECTS ALL EASENEMS 4.104 U NAY AS PER RECORDED `` -' / PLAT k/OR TITLE CC5EIDINEIIT F SUPPLIED.TRUSS 01NERAISE STATED.ND OTHER TITLE VEMFlCATAYW HAS BEEN PERFORMED BY THE UNDERSL0FS. 5 ',.•ARMOR 4)10 URIOAP 4:DOS SURVEY IO NOT VA11D 0140 50 AN AUTHENIMATEU RECTROMC 9GNATURE REGISTERED SUR `"' • MAPa> 6146 STATE OF FLOROA AND AUTHENBOARD ELECTRONIC SEAL 11.5.52 _ • 7469 LAND SURVEYS 0 CONSTRUCTION SURVEYS 0 ' SUBDIVISIONS AGENDA ITEM it her SEPTEMBER 9,2013 Drarft Anilines of the July 16,2013 regular meeting of the Community Development Board 4'bit MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD July 16, 2013 1. CALL TO ORDER-6:05PM, Vice Chair Kirk Hansen verified the presence of a quorum with the attendance of Jason Burgess, Kelly Elmore, Kirk Hansen, Harley Parkes, Patrick Stratton and Sylvia Simmons. The meeting was called to order at 6:05pm. Also present were Navy Liaison and Ex- Officio Board member Matt Schelihorn, Principal Planner Erika Hall, and Building and Zoning Director Michael Griffin. Board member Brea Paul was absent. 2. ADOPTION OF MEETING MINUTES-DUNE 18,2013. Mr. Hansen called for a motion to approve the minutes of the June 18, 2013 regular meeting. Mr. Burgess moved that minutes be approved as written. Mr. Parkes seconded the motion and it carried by a vote of 6-0. 3. OLD BUSINESS.None. 4. NEW BUSINESS. A. REZ-13-00100057,1600 Selva Marina Drive(Atlantic Beach Partners LLC) Public Hearing-Request to amend the Atlantic Beach Country Club Special Planned Area (Ordinance No. 90-13-2161 to increase the total number of residential dwelling units permitted from one hundred eighty(180) to two hundred(2001 with a maximum of twenty-six allocated to lands within the City of Atlantic Beach. Up to one hundred seventy-four(174)residential dwelling units are proposed on adjacent lands located within the City of Jacksonville. A parallel PUD Amendment requesting approval of the same master site development plan has been filed with the City of Jacksonville. Staff Ms. Hall reported that Ordinance No. 90-13-216 adopting the Report Atlantic Beach Country Club Special Planned Area (ABCC SPA) had been approved by the City Commission at their last meeting on July 8, 2013. As approved, a maximum of one hundred eighty (180) residential dwelling units are permitted, though only one hundred sixty-nine (169) lots were shown on the accompanying Master Site Development Plan (MSDP). Of those, all but one lot were completely located within the City of Jacksonville. The current application is an amendment to the approved ABCC SPA, to increase the maximum number of dwelling units to two hundred (200). The additional twenty (20) dwelling units, along with another six (6) not shown on the original MSDP, are proposed to be Page 1 of 10 AGENDA ITEM#8A SEPTEMBER 9,2013 Draft Minutes of the July 16,2013 regular meeting of the Community Development Board located within the City of Atlantic Beach. The remaining one hundred seventy-four (174) will be located within the City of Jacksonville. Applicant T R Hainline, Rogers Towers, PA, authorized agent for the applicant, Comment explained that the additional twenty (20) units were being sought by the Country Club to offer to the developer as collateral to secure financing for the renovation of the Club facilities. He reminded the Board that even with twenty-six(26) units located within the Atlantic Beach portion of the project this development would be considerably less intensive than what had been approved previously as the Selva Marina Residential Planned Unit Development. He noted that the applicant had met all procedural requirements, including submittal of a revised narrative, conceptual site plan and updated traffic study. Public Dave Estes (1275 Linkside Drive) stated that he had sent an email Comment to members of the City Commission as well as this Board with recommendations for language he wished to see included in either the SPA narrative or the adopting ordinance. He said he had received positive response in support of this language, with one Commissioner saying that it was "good neighbor, common sense": 1. "The Club shall maintain their backyard (areas that members do not usually see, but neighbors on the perimeter of the club do see) by mowing/trimming grass and weeds, including the banks of ponds/waterways, and not piling up or dumping landscaping debris." 2. "The Club shall take into consideration how their actions will affect the neighbor's view of the golf course when planning landscaping, hedges, nets, fences, etc." Mr. Estes also asked for clarification regarding the additional units being sought with the current amendment. He asked if these units were built, was there anything in the plan binding them to the location shown on the submitted site plan. Board Mr. Hansen disclosed that he is a member of the Selva Marina Discussion Country Club Board, and that he is a participant in the LLC providing bridge financing to the Club. However, he has no personal financial interest that would be affected by action of this Board. Therefore, he declared he had no conflict of interest and stated he would not recuse himself from debate and vote on the Page 2 of 10 AGENDA ITEM#8A SEPTEMBER 9,2013 Draft Minutes of the July 16,2013 regular meeting of the Community Development Board matter. Mr. Elmore disclosed that he is the landscape architect of record for this project, and having a financial interest, he stated he would recuse himself from debate and vote on this matter. However, he said he would answer any questions the Board might have. In response to Mr. Estes' inquiry, Mr. Elmore said the average cost of each golf course hole is between $50,000 and $100,000. Once the golf course design has been set, it severely limits the areas where houses can be constructed, so it is highly unlikely that, if constructed, these additional units would be located anywhere other than as depicted on the MSDP. Mr. Hainline added that any changes to the Master Site Development Plan would necessitate an amendment that would require review by this Board and approval by the City Commission. Motion Mr. Parkes moved that the Community Development Board recommend approval of the Atlantic Beach Country Club Special Planned Area Amendment (Application REZ-13-00100057) to the City Commission, being an amendment to a previously approved Special Planned Area (SPA) described within said application, approving the Master Site Development Plan and adopting the application and supporting documents, and all terms and conditions set forth therein, subject to conditions enumerated, and provided the following findings of fact: (1) The request for amendment has been fully considered after public hearing with legal notice duly published as required by law; (2) The proposed amendment to the approved Special Planned Area is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Low Density; (3) The proposed amendment to the approved Special Planned Area is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Special Planned Areas and Section 24-124, establishing procedures for modifications to previously approved Special Planned Areas and Master Site Development Plans; (4) The proposed amendment, including the Master Site Development Plan, is 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. Mr. Burgess seconded the motion and it passed unanimously, 5-0, with Mr. Elmore abstaining due to his previously stated conflict of interest. Page 3 of 10 AGENDA ITEM#8A SEPTEMBER 9,2013 Draft Minutes of the July 16, 2013 regular meeting of the Community Development Board B. ZVAR-13-00100063,298 Pine Street(Bernstein) Public Hearing - Request for variance from the provisions of Section 24-157(c)(1), to allow the construction of a fence exceeding four(4)feet in height within ten (10) feet of a property line which abuts a right-of-way that is fifty (50)feet or less in width. Specifically, the applicant seeks to construct a six(6)foot high fence on the property line abutting Seaspray Avenue, which is a fifty(50)foot wide right-of-way. Staff Ms. Hall provided an overview of application, stating that the Report property owners had applied for a building permit for a six (6) foot high fence to be located on the property line abutting Seaspray Avenue in mid-February. Upon review, Planning & Zoning staff denied the permit, finding that the proposed location was in conflict with the provisions of Section 24-157(c)(1), which states "For corner lots located on rights-of-way that are fifty (50) feet or less in width, no fence, wall or landscaping exceeding four (4) feet in height, shall be allowed within ten (10) feet of any lot line which abuts a street." Ms. Hall explained as is customary whenever staff disapproves an application, comments are entered into the permit tracking system and a "correction report" with instructions to revise plans is created, and forwarded to the applicant. In this case, the applicant was the fence contractor. Ms. Hall said her correction report was faxed to the fence contractor, who in turn notified the property owner. Property owner Karen Bernstein then came to City Hall and met with Ms. Hall regarding the denial. She explained that Seaspray was heavily travelled by school children, who often stopped off to play in her hard. She said she had been told that there had previously been a six (6) foot high fence on the property line, and she noted that her neighbor directly to the west had a fence in the same location. Ms. Hall said that she explained to Ms. Bernstein that it was not within her authority to approve anything in conflict with the Code, and that either the permit application would have to be amended to set the proposed six (6) foot high fence back ten (10) feet from the property line, or the height would have to be reduced to four (4) feet. Ms. Hall said it was her understanding when Ms. Bernstein said she had to have a six (6) foot high fence, that she was making the choice to move the fence in the required ten (10) feet from the property line abutting Seaspray Avenue, and thus, Ms. Hall approved the permit application based upon that statement. Applicant Jeremiah Mulligan, Mulligan & Kauttu (24 Cathedral Place, Saint Comment Augustine) introduced himself as attorney for the applicants. He said he wished to address discrepancies in the staff report. While Page 4 of 10 AGENDA ITEM#8A SEPTEMBER 9,2013 Draft Minutes of the July 16,2013 regular meeting of the Community Development Board the applicants agree the building permit was originally denied, they state that after meeting with Ms. Hall and explaining the exceptional circumstances giving rise to their need for a six (6) foot high fence, that she agreed and approved the request. Mr. Mulligan asserted that the approval was not conditioned on an amended application or an amended site plan. Mr. Mulligan took issue with staff's assessment of the applicants' stated grounds for variance. Particularly, he said staff minimized the applicants' concerns for the welfare of school children who routinely play in the applicants'yard, and their concerns for privacy and protection of their private property, by stating knowledge of surrounding conditions were a matter of due diligence to be borne by the applicants' prior to purchasing the house. Further, he argued that properties along the Seaspray Avenue corridor do suffer exceptional circumstances preventing reasonable use of the property. Beyond staff's assertion that the property is zoned for single-family use, and that is what is currently used for, he asserted that reasonable use includes the right to privacy. Mr. Mulligan noted that staff cited Section 24-157, regarding fences on corner lots, and stated that staff had applied the incorrect law, explaining that the fence in question was nowhere near the corner of the lot, but commenced some forty-nine (49) feet away from the corner. He also pointed out that the fence meets up with the fence belonging to the neighbor to the west. Mr. Mulligan concluded, stating that allowance of this variance would not offend anyone, that the applicants had a need, and that their circumstances met the requirements of grounds for approval. Specifically, this is a safety issue for kids and a privacy issue for property owners, and absence of the fence does not allow complete and reasonable use of the property. Mr. Mulligan also presented Board members with a petition in support of the application, signed by thirty-two (32) property owners within three hundred (300) feet of the subject property, as well as photos of their property and fourteen (14) other properties throughout the city having six (6) foot high fences constructed on or near street-side property lines. Public Karen Bernstein (298 Pine Street), introduced herself as the Comment property owner. She said since purchase, the house has undergone major construction to rectify numerous issues. For a number of weeks she was not residing at the location and was unaware of the impacts of school traffic on the property. As she Page 5 of 10 AGENDA ITEM#8A SEPTEMBER 9,2013 Draft Minutes of the July 16,2013 regular meeting of the Community Development Board came to the house to check work progress, she often found children playing on their skateboards on the paver patio and planter boxes, and even parents sitting on the planter box waiting for their children. Ms. Bernstein said she has since purchased a yellow lab puppy, and with the existing two (2) foot high planter, a four (4) foot high fence would not be sufficient to contain the dog and assure safety of children walking by on the adjacent,sidewalk. Ms. Bernstein said the dates in the staff report were incorrect, agreeing that the original application was made on February 19th and that Ms. Hall's denial was dated February 19th also, but stating that it was actually February 26th — one week later — when she went to City Hall to discuss the denial with Ms. Hall. Ms. Bernstein said Ms. Hall had told her that she understood the circumstances to be exceptional, and that she approved the six (6) foot fence to be located on the property line, but warned if there was a complaint, it would be taken to Code Enforcement. Ms. Bernstein said her contractor picked up the permit on March 5th, and there were no conditions or disclosures on the permit, so the fence was constructed as originally submitted. The next thing she knew, there was a Code Enforcement complaint, apparently from a man living some two miles away. Denise Rubin (229 Pine Street) said she was a neighbor. She said she has lived in the area for fifteen years and she appreciates all the improvements the Bernsteins have done to the property, because it affects all the homeowners in the area. She also said at one time, there was a six (6) foot high fence in that same location, but a previous owner had removed it. Anne McConnell (297 Magnolia Street) said she was the neighbor immediately to the west. She verified that prior to the construction of the fence, children were constantly in the Bernsteins' yard. Stacey Frank (273 Pine Street) said the Bernsteins had greatly improved the property, and this side yard was the only space they could enjoy an outdoor area. She added she did not understand how someone living two miles away on Beach Boulevard could have a problem with this. Page 6 of 10 AGENDA ITEM#8A SEPTEMBER 9,2013 Draft Minutes of the July 16,2013 regular meeting of the Community Development Board Ernie Voisin (289 Pine Street) said he did not have an issue with the fence, and there were many other such fences throughout Atlantic Beach. Daniel Pence (Pence Property Management) said that he was the fence contractor. He said there was clear explanation provided with the fence was originally denied, but there were no conditions provided on the permit when he picked it up. Board Mr. Parkes stated that his son and daughter-in-law live across the Discussion street from the subject property, and they experience the same impact from the school traffic, whether it is children playing in their yards, or parents parking in their driveway while waiting to pick up their kids. He also noted that there are numerous such fences all over town that seemingly do not comply with the letter of the law. He said he felt this case presented a similar scenario to the property located between Beach and Ocean that was granted a variance just a few months ago. He added that he felt the City Commission should remove this requirement altogether, noting that a fence set back ten (10) feet from the property line on a fifty (50) foot wide lot effectively reduces the useable space by twenty (20) percent. Mr. Burgess responded that while members of this Board may not agree with a particular provision, it is not up to this Board to amend the Code. Ms. Simmons, disagreed with Mr. Parkes, stating that the basis of approval of the Beach Avenue variance was irregular topography of the rear portion of the lot, which effectively reduced the height of the fence when looking at the lot from 7th Street. She concurred with I'Mr. Burgess, stating that if there is a recurring issue, it needs to be brought to the City Commission's attention for direction, but this Board must act within existing laws. Further, she encouraged the Board to not be swayed by emotional appeals, noting that there are many beach access streets with hardly any right-of-way setback, and those property owners suffer constant beach traffic, similar in nature to the school traffic. Mr. Parkes argued that the situation described by the applicant is unique to Seaspray Avenue, and it can result in a hostile situation between homeowners and children and/or their parents. Mr. Burgess asked why, other than the dog issue, could a four (4) foot high fence not work, to which Mr. Parkes replied that the Page 7 of 10 AGENDA ITEM#8A SEPTEMBER 9,2013 Draft Minutes of the July 16,2013 regular meeting of the Community Development Board property owners had no privacy. Ms. Simmons reiterated that all of the beach accesses are heavily traveled. She said she does not see this as a unique situation and there is nothing in the application or the staff report to justify this request. Mr. Stratton said that while he would like to find a way to support the applicants' request, he agreed with everything Ms. Simmons said. He continued, explaining if this variance were to be approved, there would be a long line of applicants requesting to do the same thing. The only solution would be for the City Commission to address by means of the amendment process. Mr. Elmore stated that the subject property is indeed a corner lot, and the side yard is being treated as the front yard. Regarding the Beach Avenue property„which extended to Ocean Boulevard, the primary difference there is that the Ocean Boulevard right-of-way is wider than fifty (50) feet, and therefore a different provision applies. He said that he lives next to a beach access so he knows about disrespect of private property, but he does not believe proximity to the school and impact of children and parents traveling along the adjacent sidewalk is justification to approve this variance, nor does he want to set such a precedent. He concluded by saying that staff is not above making mistakes; however, this Board must fall back on the Code—what the current law is. Mr. Hansen said that while he is sympathetic to the applicants' circumstances, he cannot open the City up to anarchy, and thus cannot take into account the petition submitted. He reiterated that this Board's commission is not to rewrite the Code each time it is found to be unfavorable to someone, but to decide each case based upon the written code. Mr. Elmore added that the planter cannot be considered a hardship decreasing the effectiveness of a four (4) foot fence because it is not something installed or required by the City. Motion Mr. Burgess moved that the Community Development Board deny ZVAR-13-00100063, a request for variance from Section 24- 157(c)(1), to allow the construction of a fence exceeding four (4) feet in height within ten (10) feet of a property line which abuts a right-of-way that is fifty (50) feet or less in width, finding that there are no exceptional topographic conditions of or near the property; finding that there are no surrounding conditions or circumstances impacting the property disparately from nearby properties, but Page 8 of 10 AGENDA ITEM#8A SEPTEMBER 9,20I3 Draft Minutes of the July 16, 2013 regular meeting of the Community Development Board that similar conditions are present throughout the City; finding that there are no exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area; finding that there is no onerous effect of regulations enacted after construction of improvements upon the property, because said fence regulations have been in effect for nearly ten (10) years, and prior to that, were even more restrictive; and finding that the subject property has neither irregular shape nor substandard size warranting special consideration. Ms. Simmons seconded the motion and it passed by a vote of 5-1, with Mr. Parkes dissenting. C. ZVAR-13-00100064,2069 Beach Avenue(Dunlap) Public Hearing - Request for variance from the provisions of Section 24-106(e)(2), to reduce the required rear yard setback for the principal structure from twenty (20)feet to sixteen feet, nine (9) inches, to allow a first floor addition to a single- family dwelling located on a property within the Residential Single-Family (RS-2) zoning district at 2069 Beach Avenue. Staff Ms. Hall explained that a nearly identical variance was requested Report and granted in January 2007. However, the previous request was specifically addressed to a second story addition which overhangs the space subject to the current request. Because the 2007 variance order specifically addressed only a second-story addition, staff determined, and confirmed with the City Attorney, that a new variance would be required. Ms. Hall clarified that, even though the previous addition was to the second story, there is a rather large rectangular support already occupying a portion of the first story space subject to this variance request. Applicant Michael Dunlap (1.1.20 North Second Avenue, Jacksonville Beach) Comment introduced himself as the architect for the project and explained that the original encroachment reduced the rear yard setback for one corner of the structure from twenty (20) feet to sixteen (1.6) feet, nine (9) inches. He said the current project would not result in any additional encroachment, and that overall, only twenty-one (21) square feet of lot area was impacted, due to the irregular western property line. Public There was no public comment made. Comment Board Ms. Simmons asked why first story was not addressed in 2007. Mr. Discussion Dunlap replied that previous addition was for a specific use and the current request arises out of the need for more space. Page 9 of 10 AGENDA ITEM#8A SEPTEMBER 9,2013 Draft Minutes of the July 16,2013 regular meeting of the Community Development Board Mr. Elmore said he really did not see a problem with this particular request since the space is already occupied, but he can foresee future applicants using a similar approach to chip away at required yards. Mr. Hansen noted that irregular shape of a lot is a condition for approval, and this is one of the grounds upon which the previous Board based their decision. He said the only difference now is that the area is already occupied. Mr. Parkes said he cannot remember granting a single rear yard variance since serving on this Board, and had the original (2007) variance come before the Board, it probably would have been denied. However, he noted this to be a unique situation in that a previous Board did find grounds to approve the variance for the second story addition. Mr. Stratton agreed that there was little substantively changing, since the encroachment was already occupied by the supporting column. However too said that he would not have approved the 2007 variance, had he been on that Board. Motion Mr. Elmore moved that the Community Development Board approve ZVAR-13-00100064, a request for variance from Section 24-106(e)(2), to reduce the required rear yard setback for the principal structure from twenty (20) feet to sixteen (16) feet, nine (9) inches, to allow for a first floor addition to a single-family dwelling located on a property within the Residential Single-Family (RS-2) zoning district at 2069 Beach Avenue, finding that as determined by a previous Board, the subject property does have topographic variation typical to most oceanfront lots in the vicinity, and the preservation of the primary dune system has constrained construction to the western portion of the parcel; and finding that the western (rear) property line which abuts the Beach Avenue right-of-way is angled and therefore not perpendicular to the structure. Mr. Parkes seconded the motion and it passed unanimously, 6-0. 5. ADJOURNMENT-7:18PM. Brea Paul, Chair Attest Page 10 of 10 AGENDA ITEM i 813 SEPTEM131^.I(9,21113 AGENDA ITEM NO, DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETfNG STAFF REPORT AGENDA ITEM: Public Hearing for Waiver-I3-00100069 SUBMITTED BY: Michael Griffin,CBO,CFM ,pl. Building&Zoning Director l' Jeremy Hubsch Redevelopment and oning Coordinator DATE: September 9,2013 STRATEGIC PLAN LINK: 2. Golf Course: This goal is to work with the Country Club Board to best accomplish the City's objective to maintain green space and minimize adverse impacts to adjoining neighborhoods, BACKGROUND: As part of the Selva Marina Country Club redevelopment, a new clubhouse is proposed to replace the existing clubhouse, which was built in 1958. The existing clubhouse is no longer aesthetically pleasing, nor is it architecturally significant. It has been a major impediment for the attraction of new members to the country club. As such, the proposed new clubhouse is being designed at a higher architectural standard in order to create a"destination"venue. The applicants are proposing two architectural features that will exceed the 35' height requirements of Atlantic Beach. There are two cupolas at 42 feet 1.5 inches above grade and a tower lantern cupola at 38 feet 5 inches above grade. According to Section 59 of the City Charter,and as provided by Section 24-156 of the Land Development Regulations,certain architectural design elements may exceed the maximum height of building within a non-residential development, upon approval by the City Commission. The Commission previously approved an architectural element incorporated into the front facade of the North Beach Center in 2002. That design element is forty-six feet in height. In 2011, the Commission approved a design element at thirty-eight feet in height for LA Fitness. The proposed new clubhouse will be an aesthetic improvement over the existing building. It has the potential to be a community asset and positive attraction for Atlantic Beach. The height of the main structure is 33feet and 5 inches, which is comparable to the height of nearby structures at Sevilla and Fleet Landing, The proposed cupolas that exceed the height limit comprise a fraction of the total building, and are features that improve the overall design of the structure. BUDGET: None. RECOMMENDATION: Approve waiver to allow two cupolas at 42 feet 1.5 inches and a tower lantern cupola at 38 feet 5 inches as shown in the submitted rendering. ATTACHMENTS: Renderings of the proposed club house and photos of the existing clubhouse REVIEWED BY CITY MAItiTAG1 R: • • CRONK:" : D UCH ' ARCHITECTURE -------- hra m u u r� .Allllllll�._ 1111 1111 .,z11 IIII fill 1111111 111 -111 1 :!II 1 111 I 1 ;; 111 •11 1111 iIP�1111111 • -- �_.M' . __-______-_- ►.. � 1111�1�111 .111 11.11. III ��1111 !11.1 III�1, � �� _-_-_- 1111 II l�Itll��l ,�I�IIi� ��_ i ___�� __i. _� I_� 11_I_�tl I��II ��IIII/ �I 1 II -_-_- II ,,.„, III��/' �J_ ''gopio 1110IHH III11IIHIIIIIIIIlI UUIHH111[1111DPIIIIIIIIIP'" L � ' ! „II ---- X13 � Mho, ,t I, : i _r r _ , �_!.N[TI' ___ , .. 111 I.(nj _ I LLUI,[UI.) ; h■ ■�� t i ;. �IU] _UJILUU _u . „r � � „- _--.� MIK::::. 7 -- a 2.1 MAIN CLUB HOUSE - REAR ELEVATION A2.., Scale: 1/16•=V-0" 0 Y I B C 2 I u 1 I 0 1 Q 6 co O 1.c- 0)r — fl i 1111 i _ r - ELI - -- 1111 __ _-_- �III� IIII IIII I=11 I I I Ili��'IIII III 11 III IIII 111 111 111 111 IIII 1! dl III a �r m �Ir ''iI l r' r `r, �1�h� Vii ' l ( _ q Y nw,,,w,e-nwouo,.. ` I� �I — ,,..'.I—�$V --` '1 1 1 11 111 t,iir � � �it ri"rii�i i�,�1 I,Ylit.,l�I r.irt..li.lr 9 il 2.2 TENNIS CENTER - REAR ELEVATION AtlREIARE^L.EVATT Club Y A2.01 Scale: 1/16"=1.-0 A2.01 w..w.......n,...,•...,..e July 31,2013 i•°inawia.;wmdu.,iw.,°°' PRESENTATION b ril � z and a � trly rrl YD 4 o G'« CRONKA, DUCH A R C H I T E C T U R E -- n n u = - --- ---- HI 1111►r�� 111��1111 ��,dll i_I1n... 111 ��1�1 11�� 11IG��1111 1�� 1�� ''''"""1=9;g445 — — IJLJI� .Ai�l�l�ll�. CI�I j --- — 1�I :C ''�11 III 11111::1. �' ..'.'ll IIII ��. '�� 11111111 III �� _ 111 111 11 1 111111111111111111111111111111111111% 1:� _ IIII! , )1 NQYy N011f[.TWNU, _ - i UI iiun iim i11i1 iim III '4 :1 I y '° , ,I, .11111111 . Railt y ` IWLJ_ 1y �� y ` `u} 1 nu:: 11 11 1 11 I =) 'rl i �q,. ,uwy. nno a yI a - I B s 1.1 MAIN CLUB HOUSE - FRONT ELEVATION s nzoo Smia: 1116•-1.-0° o C i 1 I p) E °I — . tnmq - - --- ------------- -------- N e 1111 .. ,:-�.... - _ --_---_--- ---_— a 1 IIII _—_—_—_—_—_—_ —_ � 11111,. , , a. IIII! ��III I—�]�I I1i11��1111�� 111� �,—I�I t. I� II ,� III —_ _—_ ul dill � HI m m �lil _a Noy_ I 1 s•r .-� ..e111111�1 ffi 1.rl1 ij \��1■IL-'11 ■ ■ 1 ■Whin 1„— — —— IILrrlll�lrr� -' 4 1 1 ';i `1 .1 x.11 `y r- X11 4 � Ily i uwaul�o�11 ,y,a�,.��y.,M,. „,,, A 1 1 Y :.. il.�,r... -z.'' in y ._...�_h) W , .!. giei ,!._�!•. 111 yI �.y� ---- 9 A 1.2 TENNIS CENTER- FRONT ELEVATION Atlantic TELLEVANSub 1 A.00 Scale: 1116•..1'-O° A2.00 m c, j..°'..:r:'.r.�..w�.�.iw..r..�...,. ...+�.am.-...I.....I..e.1,�w...�w.` July 3I,2013 � L77 PRESENTATION d Cn a CC Crl M ,:c) 3 N *k O Oo W CA Wyl ' l y .1 :ritti Ai - _ "/ t ; ,X - •• - R .. —not y y • -• ' 10,4. ,t•••. _ I — - '-'- • -:;•- , t,_,.-•-• : ° '''''...-3'-.°-''Iv'.14,` ' ') • ✓ _Sv \ b .4. '+ 44" i\-' I " _ • , — -. -..e.--- .. is w' , e 4 o = 0 – y.,.'�?*�. _ ._ - .a µti. M. f 1-. —' • f: Z h 7 A.1 4* W CC AGENDA ITEM#8B SEPTEMBER 9,2013 .111,104,:;&•,. APPLICATION FOR LANI) DEVELOPMENT REGULATIONS WAIVER City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233 Phone: (904)247-5826 • FAX (904)247-5845 • http://www.coab.us Date File No. Receipt Section 24-46 (d) permits the City Commission to authorize limited Waivers, on a case-by-case basis, from a specific provision(s) of these Land Development Regulations when it is demonstrated that compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A Waiver from these Land Development Regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this Chapter shall be provided,which conforms to the general intent and spirit of these Land Development Regulations. In considering any request for a Waiver from these Land Development Regulations, the City Commission may require conditions as appropriate to ensure that the intent of these Land Development Regulations is enforced. A Waiver shall not modify any requirement or term customarily considered as a Variance or any requirement or term prohibited as a Variance, and shall be considered only in cases where alternative administrative procedures are not set for the within the City Code of Ordinances. 1. Applicant's Name Atlantic Beach Partners,LLC 2. Applicant's Address 414 Old Hard Road#502, Fleming Island, FL 32003 3. Property Location 1600 and 1660 Selva Marina Drive 4. Property Appraiser's Real Estate Number 169399-0010 & 172000-0000 5. Current Zoning Classification SPA 6. Comprehensive Plan Future Land Use designation RL 7. Requested provision(s)from which waiver is sought: Exceed SPA height limit of 35 feet for architectural features of new clubhouse 8. Size of Parcel 5.91 9.Utility Provider JEA 10. 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 (2) 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): Wyman R. D :_4 Signature(s): 14441 sir ,-tvf-I I AV // AGENDA ITEM#8B SEPTEMBER 9,2013 ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: Wyman R. Duggan Mailing Address: Rogers Towers, 1301 Riverplace Blvd., Ste. 1500, Jacksonville,FL 32207 Phone: (904) 346-5502 Fax: (904) 396-0663 E-maii: wduggan @rtlaw.com 10. Statement of facts and any special reasons for the requested Waiver,which demonstrates compliance with Section 24-46 (d) 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. Please attach additional pages if needed. This application for waiver is made in connection with the proposed redevelopment of the Selva Marina County Club. The City recently approved a Special Planned Area zoning district for the redevelopment of Selva Marina(Ordinance 90-13-216 approved on July 8, 2013). The SPA zoning district provided that the clubhouse and recreational amenities maximum height would be 35 feet. The proposed elevation for the redeveloped clubhouse (attached) shows that two architectural features would exceed this height limit: (1) the cupolas are proposed to be 42 feet 1 1/2 inches above the elevation at finished grade; and(2) the tower lantern cupola is proposed to be 38 feet 5 inches above the elevation at finished grade. The requested relief would be in the public interest. The existing clubhouse was built in 1958, well before the current height limit was put into effect. The proposed clubhouse structure would significantly enhance the prospects for economic success of the redevelopment venture. The impressive architectural design of the proposed structure would contribute to the redeveloped clubhouse and course becoming a "destination" venue, which would have beneficial economic impacts on surrounding businesses in the City of Atlantic Beach. As can be seen with the recently redeveloped clubhouse at TPC Sawgrass, an impressive clubhouse has become an essential component of golf course design. In addition,the impressive architectural features will boost the property values of the adjacent residential properties on Selva Marina Drive,which will benefit both from the avoidance of the financial failure of the existing club, and the financial success of the redevelopment. The clubhouse will be set back from Selva Marina Drive such that the small exceedances of the height limit proposed in this request will not seem obvious or extravagant. AGENDA ITEM#8B • EXIT E..-,--g1".:1, SEPTEMBER 9,2013 vni 6 r�6E4� 4. • OFFICIAL RECORDS- WARRANTY Di£t13' 0 C . _ _ _• _�• TTErs IB£D�, matte this .Z2�•d�y of Ce•GEHAF} , A, D." ; \ .=T •' • 185 .- , betzreen R-C-B-S Corporaatioa, a corporatism orga ed and existing under e lx otf the State of I+'lorida, of:ihe f�siaig of Duval, State.of Florida,:party-of Doe first part, and Toe S M Comgany,•.a,Florida ca�tportian, of the Couuty'of"Duval., State of Florida, par#yof the sec=Apart, P. C. Address: Bar 298, •Jacksonville , z_ Reach, Florida. ' "s '• ; That fifae sacfd part'of frau are karE, for and in id -affaR 7- 1'he of the sum:of TEN DOLL9RS•and other valuable coaniderations, to'1t in hand paid by 7:,:,,,, the said pasty of the second-Part, the receipt,whereof is'hereby acknowrledged; has ' granted, bargained-and sold to the said'party of the second part ,, its•sucoesssrs and' . -assigns forever, the following described land, sit-Sate, .tying and being.in-the-County • of Drawl, State of Florida, togwit: Part of lot Lot Set tiorr 17, 'Fart of Lot 2 of Section la, Part of-lot B of„: -Section B, and Pert Of Lafs 7, 8, B, 10, 18 end 18 of Section 8, Township. , • . 2 South, Range:28 Zest, Duval �`A1kntYr irloi�€da., essare.partic}tlsrly : \ • - u' ate@rsibed-as feIlsa : -"r .. P • 4 ,„ Beginning at a point in the section line common to said Seictioni 8 and•17,' 3,. ":414,'"•.‘,1 N."8° 451 W a rtts't£rtce•of 8072.94 feat from the ltiortheast corner-of the •4 " ,.. Ferrer Grant, Section 38 of said T hip'end P.moge; thence.run S 8B° °; gBp,, s ry,,, i° �i. BQ" W along said 8,ectto�lithe a di®tanpe of 7&3.77 feet.to the Sonfhweet " 41 Corner of the East one-half of said Lot 18 of fiction 8, tYeztcq zva.lk'0° 21�.,• 7 ' 10" W along the We>aterly botosd$t'y line-of-the-Taut one-half of laid Lot 15-• - !' of Section 8 a dicta:me of 1884'.81 feat to a point in the Sorut eriy boundary �; 'line cf"said tat 10 tf 6eccUoa ffi; thence run 8 @0° 021 10"W along the., ,�7 a '�,I rr Southerly b line of said Eat 10 of Section 8 a distance of 556.77 k feet to point which Lies 800 feet sterlp 4CMsassured af•right angles) of k ^"a� a the center line aaf llfeyport'Road as now lozated; thgaCe run N Y°"S t-15" W P u ared.at • arar�ss said Lot 10 $>s on 8 elamg a line 300 fit leas rl s a; , ,, Right Angles)and pnralle1 td the center line-of said licuzyptirt Road a.distance- t of lair¢feet to a pattit in paid Lit,7 of SeatiOn S;.thenpe ruaN.SI°•.Sat 4 .n p ' ,-I �: a i�tacioe Of 470-feet 4o a.'point in acid,Lot T o(-Seeti�-8J thence Tun N &I°•• t 4St le N a of 404.2$toot id a•mint d L 7 of 6ecti h-11,,�said z. . • "paint b .the pat o1,,i:at sq I ritfi•at ..3l -tha�o run'> trtheaater'ly . . • aslc tV-the arc of �p�•to. " hsarki a-red/its'of 40&H.72 feet, a ,- ' ch d 44 S .X' dsaaso d of 10M 8p foist i41 a•p t 3 - in ld Lt a'f :Ai, rti I -larAii enrvesl i-ne):• I ^ • : r-w.$8"t•k- "1114 ii"- iit-4.11.said rat 8 eat StOticui•a _ l• r r r .5 xbr 'age rf� r ` • z S - t• i '�yI .t! 2 S a. � ' Jr r•.- 1 � � l wWrh L 2 a,a -�Tg"3� �74ea t i' . ..e-not ` �r � 1,, r � y. � �, . AGENDA ITEM#8B SEPTEMBER 9,2013 . OFFidfAt.. RECQRE I1 J`•' . ,thy•run S SO° 2"7' Q$"i a dd Ca-of 187,B0 feet to a point in. said. • on a daa$nvatic of said agreed line;-thence run • a at g of _arc Line isiiinvi radius at-40811,72 feu, %.•curd • along Ole_arc of said E-and • hearing g:56a Sbt 5G" �`and s shard dintsaa' ce'of. ,00 feet to a p iivt in' said Lot 0 of S®ctio .;4 tisanes rule 6 IP M n A.a&stenos of 48_feet, . - _ more ar lama, to the Westerly,shore line_of-a. drainage ditch; thence' run In a Southerly direction along said Westerly line of said drailing&, ditch to the intermsction-Of said.drainage ditch th e-Wiesterly shore line of a drainage canal, laid paint of iatersectioa being,S 1R° 221-05 ' E a.distance of 498 feet'from the end of the'Tact•described curved line • course; thence continue Bautherly a�g the-Westerly €hare lies of in:seid Lot 16•af Beotion ,lyiag 5 feet ' • said di-$image canal.t°,a co-mf a•t71.75 tech•from.the ' Easterly of e.paint S 12°'22'.00 14 a diatan :, line course; thence run N 76a-fi8''l E,••; •: end of the last described car tin said Lot--B of reties.•R•„ , ' ••`d a distance of s38 feet, more or lees, to a gain • F_ st the Westerly right of sway, line of Dewees Park-Drive EOP br oli-698,. . .__--=-•- Na. 551, Ono`known as Sherry l�]rivef as deascrllsed Th d- page 2.-, earreit•p¢tTin-rgcdrds ofDiv=l Eaunb, Florida;-thence run g ri t Qf a-'a lirse_ LI° 5$' 50" l a distance of 750 feet along e.Pa3= Ye d L.ot o3 . T ,-,4 DL4-4e-4� of .td�e thence• Section le; thence run 5-78o 03!10�distance at 700 feet to a-point • _ - in said Lot 1 of Section 17;,.theme run S 1.1° 55' 50" E a distaa}ee.°f•1: point said Lot I.of Section-17; thence man S 85° 42' 954,44'fdat a &P ° paint in said Lot 11 of-Section I7; 10".'W a distance.of 669.d6 feet to a thence run PI-B° :ry e of aid,Let 16 of section 6; thence run 'Westerly i aoutherly boundary the said Southerly boundary line of•' a distance of SQL.tt 76#eet•alaag point or Paso-a of beginning; and containing said Lot 16 of Section 8 to the Po P 150.09 acres-mare or lass. This deed is subject to the dedication of public rigs-of-way'reearded in. . Deed Book f178, Pages 452 and 470 of the current public records of Duval County-,. • . Florida. • ' . • . AND said party of the second pert,•for itself, ft's successors end assigns, of the first part, Ste successors does hereby covenant and,agree to and with said party-• •and assigns, that until the first day of January, A.•D. 5000, the land hereby cea7 club purPo®es, and for no if course and country . Y-',s' veyed abali be used far private !:o other purpose•or use whatsoever, unless written•cannenf for any.other purpose-or. .. of the first part, itB,successBa2re and use Is first had and obtafned'from paid party . . as 1gsi l AND AE,�LYS, and these presents a es , I- _ e�Pr_ ti"cnu- '- nditiorc; a ,. . ... ' f —'Any 3se �? -' : tar:. ='°."'_• r r o r'k � 3 .' mot.. . . -.. t t - AGENDA ITEM#8B SEPTEMBER 9,2013 ' hy zxs I+ L`` ;fVP; f • . • t ' F - OFFIGkRL RECORDS • Bard purposes by said party of the second part, its successors, lessees, and assigns, then in such event the land hereby conveyed shall isnmeii{ateiy, ar,there- after, at the election of said party of the first part, revert to the party of the first •' part, its successors and assigns; whereupon title thereto shall re ssl iri-than;and • all right, title, interest and estate of said arty of the second part, its successors ' rf,y a_ and assigns, therein shall immediately car-se and determine and said party-of the • • first part, its euoceesars and assigns, Shall have the right to re-enter'upon the. lands hereby conveyed end retake possession thereof anything in these presents • k= to the contrary notvrithatandin , except as follows, • (f) That the party of the first part, its successors and assigns hereby . specifically subordinates any reversionary rights reserved herein to'said party • of the first part, to the lien of a single mortgage to secure.payment.of an indebted- . ness in a principal sum not exceeding t.260,000.00 hereinafter pla-Eed,upon the land hereby conveyed for the sole-purpose of improving•eaid'land by the construction of s complete club honer pnd.a pro shop", and said party of the first;pa -herel ' agrees to execute,any and all additional_inhtrumeata•to carry out the purpose-of • this cubordlnstion al1asT- _ , ___ :_ .. '(Z) `That the reversionary rights ex-premised herein as to all land hereby- =rfy • conveyed and reserved to Said party of the first.part sth -►t gesee and determine immediately.and forever fn the event that, and at such time ear Ixstkr''nf the Polls cg ' events occur or exist: • (a) 'There'shall have been constructed and erected upon said lend • a private golf course and county,club including a'completed'club-house with related ' • • • • facilities., and; • • ,(b) The principal amount of any mortgage•indebtedness incurred =_ r for the initial construction and-completion of..a club house os the igmui.jpesphy.eon- veyed shall have been rish d and no dent of other�'or differentiarrn r.hoi[ ' �? .have been substituted this,ralsr, ansd'•e id.revarkiestary.i°tght ;nee.having ceased • ' •- determined eishIthe erve :es eUed-'end: - tiehedand.st)beltnot•be rat :stated or 5ff5 to @ •• ••••-• r1-' " `may. a ^ ^;' t:Y �.•' Ik _ _..r. '`.�"_` •r-y��.�CC�.\�,>��'. _:' :n 111 (� 1a3�� , �••.a.•'!�� • -.4�'• �" '�t�$ ,r-�5`�yY:. `��'�`•�'4�°r.'�tr9•`c','•1. ,.::`•. - '�;��;yq��'•rg' ,.. • °� ��;— AGENDA ITEM#8B • SEPTEMBER 0I3 r Z 41 a, � § a' 4.-7M10-41 ` ft� � � � M � .�•. • cl S • ' ,is`3-_. .,Vc.-'_Y4t.• AK„•• "``; �t^ • • . ' . 'PA 87- , : -- ' • ' '' ' • ' . ' . . ,' • ' . OFFICIAL RCCO{3E35. • ' . • - , • S . And the said party of the t;,pert dpia h y-fuf}y Warrc t.the title to csid lard, • . . and will defend the soMe:tzgainst the 1ai i?ul claims of el:persans'w never. i • DK x a"-. F', the paid P .of the-Wird part bas•-cat aed• this ins ;�: -, in its Warne:by its President•and ceased its,Cozgorate ;: ` M�4>- :,. .. - ' . seal, - . i. , . ''ta•be hereto'affixed the day end year-firat-above , written.. . -,, , • •it 4.tt-E�r�ib . . r 1. �J . AY.`I . • wit J J. •• .^ . •- •/to aretr - •,. , . .. Signed and Sealed-in our Presence: • I r E OF FLORIDA ) . STATE ' y CS7LII�T✓I'OF DUYAI4 ) : - Before me personally appeared f-EoR 3trLI.end.HI 4COURT,BULL,, .1-4,-,.. ' respective}y the.President and secretary of K-C-13-14 QO ATION, a corporation• • ' under the 1kWa••af the State of•Florida,•to me well known to be the-individuals and ' L. • officers described in and Who executed the foregoing instrument and severally-ac- ' • �owledged the execution thereof to be their own free-act and deed as Ouch off.cars thereunto duly authorized; and that the official seal of said corporation is duly • affixed thereto, and the said conveyance is the oat and deed of said carporatf6n.-~ . . . . N. WIT&_rny Fund-.end offidisrseel;this 'Z �'dey:af• '.._E . 3E , • . lab r , et 4'7-tA'ivr c. � -C 4 1 hQJ_C , -County and,State t • afpresaid. • : _ ' — r': 1 I. .mac -. `=;, h .^a v a a zry .� v � ._ . ri--r�"—' Y t {tee - ' �°.., � `''" .:• .a r- r°Naan Spa n6Z - a-; tr y.,- • 7)-. 4 e .• . :;;'' ,Y , ,..- � z a •..ir; AGENDA ITEM#8B • SEPTEMBER 9,2013 :voLl270 ra1955g • OFFICIAL RECORDS • WARRANTY DEED THIS INDENTURE, made th is day of rk.D. 1959, between R-C-B-S Corporation, a corporation organ ed and exist- • ing under the laws of the State of Florida, of the County of Duval, • State of Florida, party of the first part, and The S N Company, a Florida corporation, of the County of Duval, State of Florida, party of the second part, P. 0. Addf-ess: Box 206, Jacksonville • Beach, Florida'., • WJTNESSETH: That the said party of the first part, for and in consideration of the sum of TEN DOLLARS and other valuable considerations, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, its • successors and assigns forever, the following described land, situate, lying and being in the County of Duval, State of Florida, ' I . to-wit: Part of Lot 1, Section 17, Township 2 South Range • '£1AH1i �9 East, more particularly described as fellows : • Commencing at the point of intersection of the North p �s line of Section 16, Township 2 South, Range 29 East, • with the center line of Sherry Drive as shown on a plat of Salve Marina, Unit No 2, recorded in Plat -4- 1 Book 27, pages 6 and 6-A current public records of • " said County; thence run South 11° 561 50" East along • • T .1. said center line a distance of 165.40 feet to a point; ,. • thence run South 7d° 031 10" West a distance of 50 feet to the Southeast corner of the lands of The S N ..�. Company fronting on said Sherry Drive as described in • ''3- • Volume 652, page 484, Official Records of said County; . 3 41Lo thence continue to run South 75° 031 10" West a die- ,a ,.._ : tance of 450 feet along the boundary line' of said• b • lands of The 5 N Company to the POINT OF BEGINNING ,.5 • ; �{) , - of the land hereby conveyed; thence continue to run I , South 70° 031 10" Meat a distance of 250 feet along the boundary line of said lands of The 5 I'S Company to a concrete monument set at a boundary line corner of said lands of The S M Company;. thence run South 11° 56' 50" East a distance of 270 feet along the boundary line of the said lads' of The 5 .AS 'Company to a point; • Thence run North 7$ 031 10" East a 03.istanee of 250 • feet to a point; thence run North 11 56' 50" {lest a distance of 270 feet to the POINT OF BEINNING; con- :' naining 1.55 acres more or less, • PROVIDED, HOWEVER, anything to the contrary notwith- standing that this conveyance is subject to the same restrictive Alimm;Eilaw .41 • _t _ . • AGENDA ITEM#8B SEPTEMBER 9,2013 • • • voL1i270 RE560 OFFICIAL REGARDS • covenants, conditions and limitations as contained in a warranty deed between the parties hereto dated December 22, 195d, recorded in Volume 652, page 484, Official Records of said County in the same manner and to the same extant as if the land hereby conveyed described and included as a part and parcel of said lands described in Volume 652, page 484 aforesaid., IN WITNESS WHEREOF, the said party of the first part has caused this instrument to be executed in its name by its President and caused its Corporate Seal, attested by its Secretary to be hereto affixed the day and year first above written, • l;:(,z0.n3{ u porate Seal) R-C-B-S CORPORATION • By I ? ,l its Pres dent fittest; • i i 4;. � ,7 By I% Of • is ecretary Signed and Sealed in our Presence; 1► // _ '� Aef / STATE OF FLORIDA COMFIT OF DUVAL Before me personally appeared GEORGE BULL and EARCOIIRT BULL, J1 ,, respectively the President and Secretary of R-C-B-S Corporation, a' corporation under the laws of the State of Florida, to me well known to be the individuals and officers described in and who executed the foregoing instrument and sever- ' ally acknowledged the execution thereof to be their own free act and deed as such officers thereunto duly authorized.; and that the official seal of said corporation is duly affixed thereto, and the said conveyance is the act and deed of said corporation, �l?TNE$5 hart and�fficial seal this. of Jul_. 1959, at -a4 �_ C.-,.ty and t- fares_ .1 /• / j ,, • o' y Put c, tate o 30 ta-ita•. at '-I Large ` 2747q, - By Commission expires t I 1 r g' ,elate al-Florida at W!� My Commission Expires Mach Ll,L i J.) aund oa by Are.nfi.n w ety Cof F •� • • • • • 1 _ Doc n 2011225291, DR -ER-15742 Page'1521, Number Pages: 3, Recorded 10/17/2011 at 03:25 PM, JIM FULLER CLERK CIRUULT COURT DUVAL COUNTY RECORDING $27.00 DEED DOC ST $0.70 • AGENDA ITEM#8B SEPTEMBER 9,2013 • • Prepared without title • examination or opinion by: U _7 Edward C. Akel, Attorney �s; 1 Independent Drive, Suite 23a1 ' Jacksonville, 'Florida 32202-5059 ' .(Collins: ECA 10-294) • WARRANTY' DEED (With Reservation of Life. Estate) • • • THIS INDENTURE, made this day of June, 2010, SETWEEN FRANK M. COLLINS, the nnremarried surviving spouse of OLLIE A. COLLINS, deceased, whose post office address is 2300 Larsen Road, Jadksonville, Florida 32207 of the County of DUVAL, State of • Florida, Grantor*, and FRANK TERRELL COLLINS and NICK M. COLLINS whose post office address is 2300 Larsen Road, Jacksonville, Florida 32207 of the County of DUVAL, State of Florida, Grantee*, • WITNESSETH, That Grantor, for and in consideration of the sum of • Ten and No/100 Dollars ($10.00}, and other good and valuable con- siderations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's heirs and assigns forever, the following described land, the following described land, situate, lying and being in the situate, lying and being in DUVAL County, Florida, described as follows: Lot One (1) , Block .Nine (9) , Salve. Marina Unit No, 5, according to plat recorded in Plat Book .30, pages 29 and 29a, current public records of • Duval County, Florida. - • SUBJECT, HOWEVER, to the restrictive. covenants • contained in an instrument recorded in Volume • 973, page 417, -Official Records of Duval County, Florida, as corrected and to taxes and assessments levied and assessed subsequent to December 31, 1969, THE GRANTOR HERESY RESERVES TO GRANTOR THE EXCLUSIVE POSSESSION, USE, AND ENJOYMENT OF THE SAID PROPERTY FOR AND DURING GRANTOR'S LIFETIME 1 AS A LEGAL LIFE ESTATE UNDER FLORIDA LAW. • , and Grantor does hereby fully warrant the title to said land, and A will defend the same against the lawful claims of all persons 1 whomsoever. • OR •SK 15742 ?PAGE 1522 AGENDA ITEM#8B • SEPTEMBER 9,2013 • • "Grantor' and "Grantee" are used for singular or plural, as context requires. • IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Witnesses: i Print ll v-r , ' mss ZhT` antor Print Name: ��c Sign: Print ame: j,�s l�L4/cG As to Frank M. Collins • • • STATE OF FLORIDA ' COUNTY OF DUVAL fyThe foregoing instrument was acknowledged before me this S day of June, 201D, by FRANK M. COLLINS, the Grantor, i/ • i . personally known to me; or who produced a Florida Driver's License as identification, and who did take an oath and personally appeared before me. ' (16,(„L; x . NOTARY PUBLIC - STATE OF FLORIDA (Notary Seal) Print Name: .EPDP L O` ..LTa2--S �� My Commission expires:)I(D5/ t o 44]. WOTARYPLIBLJC Commission No. : 'pi`3s:11/D srarF aF�awn� comincymmxmm Elpi"aa i1/5120t3 ;l • s . - 2 - 1 4 AGENDA ITEM#8B SEPTEMBER 9,2013 EXHIBIT AGENT AUTHORIZATION Date: t-_jjt5Ll.t ( ,2013 City of Atlantic Beach Planning and Zoning Department 800 Seminole Road Atlantic Beach,Florida 32233 Re: Agent Authorization for the following site location: Selva Marina Country Club To Whom It May Concern: You are hereby advised that the undersigned is the owner of the property described in Exhibit 1 attached hereto. Said owner hereby authorizes and empowers Rogers Towers., P.A. to act as agent to file application(s) for waiver for the above-referenced property and in connection with such authorization to file such applications, papers, documents, requests and other matters necessary for such requested change. SEV s .COUN CLUB, INC. By; `r r� <- C Its ,i WEVENSIW c-a ( O E L/l STATE OF FLORIDA COUNTY OF DUVAL The foregoing was sworn and subscribed before me this, day of /0014/4" _, 2013 by fa C,Jtl 14,( Cow O1 ,who is personally known to me or has produced I c C as identification. Vau� lt °�� tary Signature) WEISMAN 4o,,\Ru PUBLIC 5r, ci FLORIDA t c ir�t+4{� ;Of125845 °'1 t0 LXIANZ 9/16/2013 AGENDA ITEM#8B SEPTEMBER 9,2013 MAP SHOWING SKETCH AND LEGAL DESCRIPTION (SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION) 1 L01 2, BLOC POINT 1 e POINT OF BEGINNING NORTHEAST CORNER 1 LOT 1, BLOCK 9 SEL VA MARINA UNIT NO. 5 P.B. 30, PG. 29 1,,1 NI-11.43'2°'E 300.°°' \72:1LO1 1 g1-OCK 9 • IT,. chi - U1 r■ r L Y %; n O _ O C % N O• m / .23v / o �" / m O ° 7_-Z- / v T O 3, I/ w LY J O rl W "2? O i / I \ / • l I sF c' GG, ,^ c c R=175.00' cpC le =1D=44'52'4 " 37.08¢5 2 5��•46'10"W 163.3 CB=N78"19'39"W R=225.00' CH=133.60' D=4620'33' J L=181.99' R=25.00" CB= D=90'02'50 N79'03'34"4V CH=177.07' L=39.29' CB=532'44'45"W CH=35.37' SHEET 2 OF 2 ABBREVIATIONS THAT MAY BE USED IN THIS SURVEY LEGEND DATE 8-1-13 SCALE 1"=100" ABBREVIATION DEFINITION ABBRENA7IOV DEFINITION () 00101ES CONCRETE uoku ENr JOB No. 2013-14-8 P.C.P. Permanent Control Point L.B. Licensed Business R—R pDNOTES IZNrs P.R.M. Permanent Reference Monument R.L.S. Registered Land Surveyor 0 00107E5 1/Y'Wp1 SET T F.B. — F.O.B. Point of Beginning J.E.A. Jacksonolle Electric Authority YATH P.R un1ER R ASSOC. P.C. Point of Curvature EQUIP Equipment page — P.T. Point o/Tangency A/C Ab Conditioner 6 DENn7ES IRON PPE MAR, (NOTEn) Comp. File 13-14-8.dwq P.R.C. Point of Reverse Curvature C.A.T.V. Cable Television P.L Drawn b y ISA P i t o/Intersection OHL Overhead Lin O1R,V. VO-Zoe Recoad WUm RFM, Field Ireosurerd equals RICHARD A. MILLER & ASSOCIATES, INC D.B, Deed Book L= Arc tenth equals P9 page Ch.= Chord Dearing&Distance equals PROFESSIONAL LAND SURVEYORS B.R.L Building Restriction Line p= Deno or Centro'Angle equals 6701 BEACH BOULEVARD, 5UI1E 200 Fox(904) 721-5758 Esmt Easement 1.P, Iron Pipe JACKSONVILLE. FLORIDA 32216 Tele. (904) 721-1226 Cones Concrete ( ) • G:Ibackup)62713\drawl ngslprojects1P-TASELVA MAR INA\13-14-8.dwg • AGENDA ITEM#8B SEPTEMBER 9,2013 MAP SHOWING SKETCH AND LEGAL DESCRIP77ON (SEE SHEET 2 OF 2• FOR SKETCH) LEGAL DESCRIPTION: LOT 1, BLOCK 9, SELVA MARINA UNIT NO, 5, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGES 29 AND 29A OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, TOGETHER WITH A PORTION OF SECTION 8, SECTION 9, SECTION 16 AND SECTION 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 9; THENCE SOUTH 1276'40' EAST, 752.34 FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF SELVA MARINA DRIVE (A 100 FOOT RIGHT OF WAY AS NOW ESTABLISHED), 752.34 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90'02'50", AN ARC DISTANCE OF 39.29 FEET AND BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 32'44'45" WEST 35.37 FEET TO THE POINT OF TANGENCY,* THENCE SOUTH 77'46'10" WEST, 163.32 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 225.00 FEET AND A CENTRAL ANGLE OF 4620'33'; AN ARC DISTANCE OF 181.99 FEET AND BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 79'03'34" WEST, 177.07 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 175.00 FEET AND A CENTRAL ANGLE OF 4452'45", AN ARC DISTANCE OF 137,08 FEET AND BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 78'19'39" WEST 133.60 FEET; THENCE NORTH 0736'42" EAST ALONG THE OPEN WATERS OF SHERMAN'S CREEK, 508.98 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 9; THENCE NORTH 12'16'40" WEST ALONG THE WESTERLY LINE OF SAID LOT 1, BLOCK 9, 174.55 FEET TO THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 9; THENCE NORTH 77'43'20" EAST ALONG THE NORTHERLY LINE OF SAID LOT 1, BLOCK 9, 300.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 279,418 SQUARE FEET AND/OR 6.415 ACRES, MORE OR LESS. UNLESS IT BEARS 7HE SIGNATURE AND THE OR1G/WAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS°RARING SKETCH PLAT OR MAP IS FOR INFO LIATIOfAL PURPOSES ONLY, AND IS NOT VALID, SHEET I OF 2 NOTES I.Bearings ore based on WAD 83/90 LEGEND DATE 8-1-13 2. This is o SKETCH AND LEGAL DESCRIPTION(NOT A SURVEY). - SCALE - �'. J. Unless otherwise noted, any portion of lb, °� DENOTES '�' utwuuENT parcel that may be deemed as Wetlands _ JOB No. 2073-74-8 by Slate or Governmental Agencies, hos not been determined and any liability resulting a il 1/2'l - therefrom Is not the responsibility of the undersigned W o DEVOTES 1/2'wrw PIPE Sr, F.B. 4. There may be Restrictions or Easements of Record evidenced by title erominotion !hot ��'R.aFirE B ASSOC. amp, hove not been shown hereon. a Was LPpf PIPE FOUND (NDTEDI Comp. File 13-14-8.dwq Drawn by WJM RICHARD A. MILLER & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS 1' 6701 BEACH BOULEVARD,SUITE 200 Far(904) 721-5758 ABBREVIATIONS THAT MAY BE USED IN THIS SURVEY JACKSONVILLE, FLORIDA 32218 Tele.(904)721-1226 ABBREVIATION DEFINITION ABBREVIATION DEFINITION P.(..P. Permanent Control Point LB. Licensed Business Dns IS TO cERT'Y MAT sos onE101 AND TEC(DES(FWscol WAS PRO,A50D USER P.R.M. Permanent Reference Monument R.LS Registered Land Surveyor Mr suaxonav A10 a AcroeOAIR:r eon,THE lowou IEOSeUC STAGA1ROS AS P.O.B. Point of Beginning SEA. Jacksonville Electric Authority UNWED NO SET Fuss1 BY THE TIPP.BOARD or PROFESSIONAL L N SURVEIL. P.C. Point of Curvature EOUIP Equipment AND YAP005S El 0sAPTTR S)--17 (formerly CHARIER sc)>-o)500000 P.T. Paint of Tangency - A/C Air CandlDaner AauebnTNAnbE COX PunstANr TO sernew -.27,FLORIDA STATUTES Lw P.R.C. Point of Reverse urture C.A,TV. Cable Television AL Point of Intersection OWL Over heotl Lhzs O.R.V. Ri ht f WoY (F.M.) Rd/Meured , O.R. O cial Rerards Volume R- Radius:gaols ' DD..B, Deed Book 1= Arc Leath equals pope Ch.= Chord Bearing dr Distance equals 8717 B.R.L. Bu,/dmg Restriction Line ,O= Delta or Central Angle equals Esmt Easement CP. Iron Pipe WILLIAM..17 ELROE. ST• OF FLORIDA, REGISTERED Conc. Concrete LAND SURVE 5•, C '77FICA7E No. 5843 Gabackup062713\drawings\projects\R-1'SELVA MARINA113-14 8.dopg AGENDA ITEM#8C SEPTEMBER 9,2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Agreement with St. Johns River Water Management District for Construction of Reclaimed Water Facilities SUBMITTED BY: Donna Kaluzniak, CEP,Utility Director DATE: August 15, 2013 STRATEGIC PLAN LINK: Golf Course BACKGROUND: As part of the proposed agreement with Atlantic Beach Country Club and Atlantic Beach Partners, the City is designing reclaimed water facilities to provide irrigation water to the golf course and residential homes. Staff prepared an application for a cooperative cost-share grant from the St. Johns River Water Management District(SJRWMD) and funding was approved at their July 9, 2013 Board Meeting. Grant funding is for 40% of the construction cost of the project. Based on the estimated total cost of$1,105,000, the grant share will be up to $442,000 and the City's share will be up to $663,000. Grant funds will be paid to the City quarterly, on a reimbursement basis. The Cost-Share Agreement includes background information, objectives, scope of work, task identification,timeframes and deliverables and cost schedule. BUDGET: A total of$1,105,000 has been requested for the FY14 budget for construction of the Reclaimed Water Facilities. The SJRWMD Cost-Share Agreement will fund up to $442,000 of the project cost. RECOMMENDATION: Authorize the City Manager to sign the St. Johns River Water Management District Cost Share Agreement for the Reclaimed Water Facilities. ATTACHMENTS: 1. SJRWMD Cost Share Agreement REVIEWED BY CITY 4. ► GER 1 AGENDA ITEM#8C SEPTEMBER 9,2013 Contract#27672 COST-SHARE AGREEMENT BY AND BETWEEN THE ST.JOHNS RIVER WATER MANAGEMENT DISTRICT AND CITY OF ATLANTIC BEACH THIS AGREEMENT("Agreement")is entered into by and between the GOVERNING BOARD of the ST.JOHNS RIVER WATER MANAGEMENT DISTRICT("the District"),whose address is 4049 Reid Street,Palatka,Florida 32177,and CITY OF ATLANTIC BEACH,whose address is 800 Seminole Road,Atlantic Beach,Florida 32233-5444("Recipient").All references to the parties hereto include the parties,their officers, employees, agents,successors,and assigns. RECITALS The waters of the state of Florida are among its basic resources,and it has been declared to be the policy of the Legislature to promote the conservation,development,and proper utilization of surface and ground water. Pursuant to chapter 373,Fla. Stat.,the District is responsible for the management of the water resources within its geographical area. The District initiated a cost-sharing program for Fiscal Year 2013 for construction projects that will initiate construction sometime during 2014, involve water resource development,alternative water supply development,water conservation,or spring shed nutrient-loading reduction,and address one or more of the following District strategic initiatives: springs protection,North Florida Water Supply Partnership, Central Florida Water Initiative,or minimum flows and levels prevention and recovery. The District has determined that providing cost-share funding to Recipient for the purposes provided for herein will benefit the water resources and one or more of the above-stated initiatives. The parties have agreed to jointly fund the following project in accordance with the funding formula further described in the Statement of Work,Attachment A(hereafter "the Project"): Selva Marina Reclaimed Water Facilities Project Construction In consideration of the above recitals,and the funding assistance described below,Recipient agrees to perform and complete the activities provided for in the Statement of Work,Attachment A. Recipient shall complete the Project in conformity with the contract documents and all attachments and other items incorporated by reference herein. This Agreement consists of all of the following documents:(1) Agreement,(2)Attachment A-Statement of Work;and(3)all attachments,if any.The parties hereby agree to the following terms and conditions. 1. TERM; WITHDRAWAL OF OFFER (a) The term of this Agreement is from October 1,2013 ("Effective Date")until November 30,2014("Completion Date").Recipient shall not commence the Project until any required submittals are received and approved. Recipient shall commence performance within fifteen(15)days after the Effective Date and shall complete performance in accordance with the time for completion stated in the Statement of Work. Time is of the essence for every aspect of this Agreement, including any time extensions. Notwithstanding specific mention that certain provisions survive termination or Page 1 AGENDA ITEM#8C SEPTEMBER 9,2013 Contract#27672 expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date survive termination or expiration hereof. (b) This Agreement constitutes an offer until authorized, signed and returned to the District by Recipient.This offer terminates forty-five(45)days after receipt by Recipient. 2. DELIVERABLES. Recipient shall fully implement the Project,as described in the Statement of Work, Attachment A. Recipient is responsible for the professional quality,technical accuracy, and timely completion of the Project.Both workmanship and materials shall be of good quality. Unless otherwise specifically provided for herein,Recipient shall provide and pay for all materials, labor, and other facilities and equipment necessary to complete the Project.The District's Project Manager shall make a final acceptance inspection of the Project when completed and finished in all respects. Upon satisfactory completion of the Project,the District will provide Recipient a written statement indicating that the Project has been completed in accordance with this Agreement.Acceptance of the final payment by Recipient shall constitute a release in full of all claims against the District arising from or by reason of this Agreement. 3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein,the District does not assert an ownership interest in any of the deliverables under this Agreement. 4. AMOUNT OF FUNDING. (a) For satisfactory completion of the Project,the District shall pay Recipient forty percent (40%)of the total construction cost of the Project,but in no event shall the District cost- share exceed$442,000. The District cost-share is not subject to modification based upon price escalation in implementing the Project during the term of this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure completion of the Project.Recipient shall notify the District's Project Manager in writing upon receipt of any additional external funding for the Project not disclosed prior to execution of this Agreement. (b) "Construction cost"is defined to include actual costs of constructing Project facilities, including construction management. Land acquisition, engineering design, and permitting costs are excluded. Construction cost does not include any costs incurred prior to the Effective Date,unless expressly authorized by the Statement of Work. Costs that are excluded will not be credited toward Recipient's cost-share. (c) Cooperative funding shall not be provided for expenses incurred after the Completion Date. Upon a showing of good cause,the District,upon approval of the Executive Director,or designee, may extend the Completion Date to no later than March 30,2015. Any further extension of the Completion Date will require approval by the District's Governing Board. 5. PAYMENT OF INVOICES (a) Within 30 days after the closing date of each calendar quarter(March 31,June 30, September 30 and December 31),Recipient shall submit an itemized invoice for the reimbursable expenses incurred during the previous quarter by one of the following two methods: (1)by mail to the St.Johns River Water Management District,Director,Office of Financial Services,4049 Reid Street,Palatka, Florida 32177, or(2)by e-mail to acctpay @sjrwmd.com. The invoice shall be submitted in detail sufficient for proper pre- Page 2 AGENDA ITEM#8C SEPTEMBER 9,2013 Contract#27672 audit and post-audit review. It shall include a copy of contractor and supplier invoices to Recipient and proof of payment. Recipient shall be reimbursed for 100%of each invoice, which shall not exceed forty percent(40%)of approved costs,until the not to exceed amount of the District's cost-share has been expended. The District shall not withhold any retainage from this reimbursement. District reimbursement is subject to annual budgetary limitation, if applicable, as provided in subsection(g). If necessary for audit purposes,Recipient shall provide additional supporting information as required to document invoices. (b) End of District Fiscal Year Reporting.The District's fiscal year ends on September 30. Irrespective of the invoicing frequency,the District is required to account for all encumbered funds at that time. When authorized under the Agreement,submittal of an invoice as of September 30 satisfies this requirement.The invoice shall be submitted no later than October 30. If the Agreement does not authorize submittal of an invoice as of September 30,Recipient shall submit,prior to October 30, a description of the additional work on the Project completed between the last invoice and September 30,and an estimate of the additional amount due as of September 30 for such Work. If there have been no prior invoices,Recipient shall submit a description of the work completed on the Project through September 30 and a statement estimating the dollar value of that work as of September 30. (c) Final Invoice. The final invoice must be submitted no later than 45 days after the Completion Date; provided,however,that when the Completion Date corresponds with the end of the District's fiscal year(September 30),the final invoice must be submitted no later than 30 days after the Completion Date. Final invoices that are submitted after the requisite date shall be subject to a penalty of 10 percent of the invoice. This penalty may be waived by the District, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice.Recipient must request approval for delayed submittal of the final invoice not later than ten(10)days prior to the due date and state the basis for the delay. (d) All invoices shall include the following information: (1)District contract number; (2) District encumbrance number; (3)Recipient's name and address(include remit address, if necessary); (4)Recipient's invoice number and date of invoice; (5)District Project Manager; (6)Recipient's Project Manager;(7)supporting documentation as to cost and/or Project completion(as per the cost schedule and other requirements of the Statement of Work); (8)Progress Report(if required); and(9)Diversity Report(if otherwise required herein). Invoices that do not correspond with this paragraph shall be returned without action within twenty(20)business days of receipt,stating the basis for rejection. Payments shall be made within forty-five(45)days of receipt of an approved invoice. (e) Travel expenses.If the cost schedule for this Agreement includes a line item for travel expenses,travel expenses shall be drawn from the project budget and are not otherwise compensable. If travel expenses are not included in the cost schedule, they are a cost of providing the service that is borne by Recipient and are only compensable when specifically approved by the District as an authorized District traveler. In such instance, travel expenses must be submitted on District or State of Florida travel forms and shall be paid pursuant to District Administrative Directive 2000-02. Page 3 AGENDA ITEM#8C SEPTEMBER 9,2013 Contract#27672 (f) Payments withheld.The District may withhold or,on account of subsequently discovered evidence,nullify,in whole or in part,any payment to such an extent as may be necessary to protect the District from loss as a result of: (1)defective work not remedied; (2)failure to maintain adequate progress in the Project;(3)any other material breach of this Agreement.Amounts withheld shall not be considered due and shall not be paid until the ground(s)for withholding payment have been remedied. (g) Annual budgetary limitation.For multi-year agreements,it is necessary for the District to budget as accurately as possible the amount of funds that will be expended by the District during each fiscal year. The Statement or Work,Attachment A, includes the parties' current projection of the District's cost-share on a fiscal year basis(October 1 —September 30). If Recipient's reimbursable costs exceed the budgeted amount during any fiscal year, the excess reimbursable costs shall be paid at the start of the next fiscal year. Recipient shall promptly notify the District when it appears that Recipient's reimbursable costs will exceed the budgeted amount during any fiscal year and provide the District with a revised funding plan. If the District's annual budget permits,the District may, in its sole discretion, prepare a District Supplemental Instruction Form incorporating the revised funding plan and authorizing additional reimbursement during the current fiscal year. 6. LIABILITY AND INSURANCE.Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party,its officers,employees and agents.Recipient accepts all risks arising from construction or operation of the Project. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida,nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in section 768.28,Fla.Stat.,as amended.Each party shall acquire and maintain throughout the term of this Agreement such liability,workers' compensation, and automobile insurance as required by their current rules and regulations. 7. FUNDING CONTINGENCY.This Agreement is at all times contingent upon funding availability,which may include a single source or multiple sources, including,but not limited to: (1)ad valorem tax revenues appropriated by the District's Governing Board; (2)annual appropriations by the Florida Legislature,or(3)appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Project not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years,the District shall so notify Recipient and this Agreement shall be deemed terminated for convenience five(5)days after receipt of such notice, or within such additional time as the District may allow. For the purpose of this Agreement,"Fiscal Year" is defined as the period beginning on October 1 and ending on September 30. 8. PROJECT MANAGEMENT (a) The Project Managers listed below shall be responsible for overall coordination and management of the Project.Either party may change its Project Manager upon three (3) business days prior written notice to the other party. Written notice of change of address shall be provided within five(5)business days.All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1)hand delivery; (2)U.S. certified mail; (3)national overnight courier;(4) e- mail or,(5)fax.Notices via certified mail are deemed delivered upon receipt.Notices via overnight courier are deemed delivered one(1)business day after having been deposited Page 4 AGENDA ITEM#8C SEPTEMBER 9,2013 Contract#27672 with the courier.Notices via e-mail or fax are deemed delivered on the date transmitted and received. DISTRICT RECIPIENT Scott Laidlaw,Project Manager Donna Kaluzniak,Project Manager St.Johns River Water Management District City of Atlantic Beach 4049 Reid Street 1200 Sandpiper Lane Palatka,Florida 32177 Atlantic Beach, Florida 32233 (386)312-2388 (904)270-2535 E-mail: slaidlaw @sjrwmd.com E-mail: dkaluzniak @coab.us (b) The District's Project Manager shall have sole responsibility for transmitting instructions, receiving information,and communicating District policies and decisions regarding all matters pertinent to performance of the Project. The District's Project Manager may issue a District Supplemental Instruction(DSI)form,Attachment B,to authorize minor changes in the Project that the parties agree are not inconsistent with the purpose of the Project,do not affect the District cost-share or Completion Date, or otherwise significantly modify the terms of the Agreement. 9. PROGRESS REPORTS AND PERFORMANCE MONITORING (a) Progress Reports. Recipient shall provide to the District Project update/status reports as provided in the Statement of Work. Reports will provide detail on progress of the Project and outline any potential issues affecting completion or the overall schedule. Reports may be submitted in any form agreed to by District's Project Manager and Recipient,and may include emails,memos,and letters. (b) Performance Monitoring.For as long as the Project is operational,the District shall have the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. Recipient shall make available to the District any data that is requested pertaining to performance of the Project. 10. FAILURE TO COMPLETE PROJECT. (a) Should Recipient fail to complete the Project,Recipient shall refund to the District all of the funds provided to Recipient pursuant to this Agreement. However,the District,in its sole judgment and discretion,may determine that Recipient has failed to complete the Project due to circumstances that are beyond Recipient's control,or due to a good faith determination that the Project is no longer environmentally or economically feasible. In such event,the District may excuse Recipient from the obligation to return funds provided hereunder. If the Project has not been completed within 30 days after the Completion Date,Recipient shall provide the District with notice regarding its intention as to completion of the Project. The parties shall discuss the status of the Project and may mutually agree to revise the Completion Date or the scope of the Project.Failure to complete the Project within 90 days after the Completion Date shall be deemed to constitute failure to complete the Project for the purposes of this provision. (b) In the event the Project constitutes a portion of the total functional project,this paragraph shall apply in the event the total functional project is not completed. In such event,the 90-day timeframe provided herein shall commence upon the date scheduled for Page 5 AGENDA ITEM#8C SEPTEMBER 9,2013 Contract#27672 completion of the total functional project at the time of execution of this Agreement, unless extended by mutual agreement of the parties. (c) This paragraph shall survive the termination or expiration of this Agreement. 11. TERMINATION (a) Termination for Default. If Recipient materially fails to fulfill its obligations under this Agreement, including any specific milestones established herein,the District shall provide Recipient written notice of the deficiency by forwarding a Notice to Cure,citing the specific nature of the breach. Recipient shall have thirty(30)days to cure the breach. If Recipient fails to cure the breach within the thirty(30)day period,the District shall issue a Termination for Default Notice and this Agreement shall be terminated upon receipt of said notice. In such event,Recipient shall refund to the District all funds provided to Recipient pursuant to this Agreement within thirty(30)days of such termination. The District may also terminate this Agreement upon ten(10)days written notice in the event any of material misrepresentations in the Project Proposal. (b) Termination for Convenience. The District may terminate this Agreement at any time for convenience upon thirty(30)calendar days prior written notice to Recipient.Upon receipt of notice,Recipient shall place no further orders for materials,equipment, services, or facilities, for which reimbursement would otherwise be sought.Recipient shall also make every reasonable effort to cancel,upon terms satisfactory to the District,all orders or subcontracts related to the Project for which reimbursement would otherwise be sought. In the event of such termination,Recipient shall be compensated for all work performed pursuant to this Agreement prior to the effective date of termination. ADDITIONAL PROVISIONS(Alphabetical) 12. ASSIGNMENT. Recipient shall not assign this Agreement,or any monies due hereunder, without the District's prior written consent.Recipient is solely responsible for fulfilling all work elements in any contracts awarded by Recipient and payment of all monies due.No provision of this Agreement shall create a contractual relationship between the District and any of Recipient's contractors or subcontractors. 13. AUDIT; ACCESS TO RECORDS;REPAYMENT OF FUNDS. (a) Maintenance of Records.Recipient shall maintain its books and records such that receipt and expenditure of the funds provided hereunder are shown separately from other expenditures in a format that can be easily reviewed.Recipient shall keep the records of receipts and expenditures,copies of all reports submitted to the District,and copies of all invoices and supporting documentation for at least three(3)years after expiration of this Agreement. In accordance with generally accepted governmental auditing standards,the District shall have access to and the right to examine any directly pertinent books and other records involving transactions related to this Agreement.In the event of an audit,Recipient shall maintain all required records until the audit is completed and all questions are resolved. Recipient will provide proper facilities for access to and inspection of all required records. (b) Repayment of Funds.District funding shall be subject to repayment after expiration of this Agreement if,upon audit examination,the District finds any of the following:(1)Recipient Page 6 AGENDA ITEM#8C SEPTEMBER 9,2013 Contract#27672 has spent funds for purposes other than as provided for herein;(2)Recipient has failed to perform a continuing obligation of this Agreement;(3)Recipient has received duplicate funds from the District for the same purpose;and/or(4)Recipient has received more than one hundred percent(100%)contributions through cumulative public agency cost-share funding. 14. CIVIL RIGHTS. Pursuant to chapter 760,Fla. Stat.,Recipient shall not discriminate against any employee or applicant for employment because of race,color, religion,sex,or national origin, age,handicap, or marital status. 15. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue,discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the District's Project Manager no later than ten(10)business days after the precipitating event.If not resolved by the Project Manager,the Project Manager shall forward the request to the District's Office of General Counsel,which shall issue a written decision within ten (10)business days of receipt.This determination shall constitute final action of the District and shall then be subject to judicial review upon completion of the Project. 16. DIVERSITY REPORTING. The District is committed to the opportunity for diversity in the performance of all cost-sharing agreements,and encourages Recipient to make a good faith effort to ensure that women and minority-owned business enterprises(W/MBE)are given the opportunity for maximum participation as contractors.The District will assist Recipient by sharing information on W/MBEs. Recipient shall provide with each invoice a report describing: (1)the company names for all W/MBEs; (2)the type of minority, and(3)the amounts spent with each during the invoicing period. The report will also denote if there were no W/MBE expenditures. 17. GOVERNING LAW,VENUE,ATTORNEY'S FEES,WAIVER OF RIGHT TO JURY TRIAL.This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. As used herein,"shall" is always mandatory. In the event of any legal proceedings arising from or related to this Agreement:(1)venue for any state or federal legal proceedings shall be in Duval County; (2)each party shall bear its own attorney's fees,including appeals; (3)for civil proceedings,the parties hereby consent to trial by the court and waive the right to jury trial. 18. INDEPENDENT ENTITIES.The parties to this Agreement,their employees and agents, are independent entities and not employees or agents of each other. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent entities during and after the term of this Agreement. Recipient is not a contractor of the District.The District is providing cost-share funding as a cooperating governmental entity to assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing the Project and directs the means and methods by which the Project is accomplished. Recipient is solely responsible for compliance with all labor and tax laws pertaining to Recipient, its officers,agents, and employees. 19. INTEREST OF RECIPIENT.Recipient certifies that no officer,agent, or employee of the District has any material interest, as defined in chapter 112, Fla. Stat.,either directly or indirectly, in the business of Recipient to be conducted hereby,and that no such person shall have any such interest at any time during the term of this Agreement. Page 7 AGENDA ITEM#8C SEPTEMBER 9,2013 Contract#27672 20. NON-LOBBYING.Pursuant to section 216.347,Fla. Stat.,as amended,Recipient agrees that funds received from the District under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 21. PERMITS.Recipient shall comply with all applicable federal,state and local laws and regulations in implementing the Project and shall include this requirement in all subcontracts pertaining to the Project.Recipient shall obtain any and all governmental permits necessary to implement the Project.Any activity not properly permitted prior to implementation or completed without proper permits does not comply with this Agreement and shall not be approved for cost- share funding. 22. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO ($35,000)for a period of 36 months following the date of being placed on the convicted vendor list. 23. PUBLIC RECORDS.Records of Recipient that are made or received in the course of performance of the Project may be public records that are subject to the requirements of chapter 119,Fla. Stat. If Recipient receives a public records request, Recipient shall promptly notify the District's Project Manager.Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents,papers, letters,or other material related hereto and subject to the provisions of chapter 119,Fla. Stat.,as amended. 24. ROYALTIES AND PATENTS. Recipient certifies that the Project does not,to the best of its information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent and license fees necessary for performance of the Project and shall defend all suits or claims for infringement of any patent rights and save and hold the District harmless from loss to the extent allowed by Florida law. [Remainder of page intentionally left blank] Page 8 AGENDA ITEM#8C SEPTEMBER 9,2013 Contract#27672 IN WITNESS WHEREOF,the St.Johns River Water Management District has caused this Agreement to be executed on the day and year written below in its name by its Executive Director,and Recipient has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives,and, if appropriate,has caused the seal of the corporation to be attached. This Agreement may be executed in separate counterparts,which shall not affect its validity. Upon execution,this Agreement constitutes the entire agreement of the parties,notwithstanding any stipulations,representations, agreements, or promises,oral or otherwise,not printed or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. ST.JOHNS RIVER WATER CITY OF ATLANTIC BEACH MANAGEMENT DISTRICT By: By: Hans G. Tanzler III,Executive Director Typed Name and Title Date: Date: APPROVED BY THE OFFICE OF GENERAL COUNSEL Attest: Stanley J.Niego, Sr.Assistant General Counsel Typed Name and Title ATTACHMENTS Attachment A- Statement of Work Attachment B -District Supplemental Instruction Form Cost-share:2013 Initiative Last updated:7-17-13 Page 9 AGENDA ITEM#8C SEPTEMBER 9,2013 Contract#27672 ATTACHMENT A-STATEMENT OF WORK I. INTRODUCTION/BACKGROUND The St.Johns River Water Management District(District)created the Cooperative Cost Share Initiative Program in Fiscal Year(FY)2013 as a cost share program to develop and implement resource and water supply development projects and promote conservation. Each project selected for funding has a positive benefit to Minimum Flows and Levels(MFLs),water quantity, water quality, or natural systems and supports the District's Strategic Initiatives. The Minimum Flows and Levels Prevention and Recovery Initiative is supported by this project. This project also supports the North Florida Water Supply Partnership(NFWSP)Initiative,which is a collaborative process among the District, Suwannee River Water Management District(SRWMD)and the Florida Department of Environmental Protection(FDEP) to ensure the protection of water resources and related natural systems, and identify sustainable water supplies for all reasonable-beneficial uses in north Florida. The City of Atlantic Beach(Recipient)has requested and been selected as a participant in this cost share program. On July 9,2013 the District's Governing Board approved funding for the Recipient's Selva Marina Reclaimed Water Facilities Project for$442,000,towards the estimated construction cost of$1,105,000. Il. OBJECTIVES The objective of this contract is to provide cost share dollars that will enable Recipient to construct an interconnection of the reclaimed water distribution systems for the Recipient's Selva Marina Reclaimed Water Facilities. The quantity of water that will be made available from this project is up to 1.0 mgd. This project consists of construction of a 0.5 million gallon per day(MGD)reclaimed water facility to serve the Selva Marina Country Club, as well as a new 180-home subdivision. The developer will be installing the reuse infrastructure within the subdivision(purple pipe) in preparation for receiving reclaimed water. The reclaimed facility will be sized for some future expansion for potential new customers when available. Ultimately,this project will reduce groundwater withdrawal from the Floridan Aquifer(potable water)that would typically be used for residential irrigation for the subdivision. III. SCOPE OF WORK Recipient is designing,permitting, and constructing a project that expands the availability of reclaimed water for irrigation use. The project includes two phases that will be designed and constructed as one project: Phase 1: Design and construction to provide reclaimed water to the golf course only Phase 2: Construction of infrastructure to provide reclaimed water to the residential units The Recipient shall ensure the tasks in the Task Identification section of the Statement of Work are completed. IV. TASK IDENTIFICATION The Recipient shall be responsible for performing the following tasks: • Complete and obtain final project design,construction plans, and specifications • Provide a copy of Recipient's executed construction contract documents to District's Project Manager • Provide a copy of any subsequent change orders to the construction contract to District's Project Manager Page 10 AGENDA ITEM#8C SEPTEMBER 9,2013 Contract#27672 • Obtain all required permits, including right of access to the project sites,related to project construction and subsequent operation and maintenance of the completed work • Assure compliance with all permits and permit conditions • Provide procurement for project construction • Perform supervision and inspection of construction • Perform construction contract administration • Submit timely invoices for actual construction costs in accordance with this cost share agreement (i.e. quarterly,with appropriate substantiation)to enable proper review by the District's Project Manager prior to payment authorization • Provide quarterly progress reports to the District's Project Manager identifying project progress to date,key milestones reached,overall project schedule versus time for project completion, key issues to be resolved,project time and projected costs versus actual cost to date • Provide certification of construction phase completion by a Professional Engineer registered in the state of Florida • Assure compliance with cost accounting practices and procedures required for reimbursement of cost share funds expended V. TIME FRAMES AND DELIVERABLES All work shall be completed by November 30,2014 in accordance with tasks described above.The Recipient shall submit quarterly progress reports to the District's Project Manager detailing the progress of each component. The projected schedule for the project is as follows: Phase 1 -Construction: November 2013—March 2014 Phase 2-Construction: February 2014-November 2014 VI. BUDGET/COST SCHEDULE For satisfactory completion of the Project,the District shall pay Recipient forty(40%)of the total actual cost of the Project(estimated to be$1,105,000),but in no event shall the District's cost-share exceed $442,000. Recipient shall invoice the District quarterly including a progress report covering the time- period of the invoice. Invoices shall include a copy of the construction contractor's invoices submitted to the Recipient,proof of payment by Recipient, and other required supporting documentation.If the total actual cost of this project is less than originally estimated,the District's cost-share amount shall be reduced accordingly. District Fiscal Year(FY) Budget FY 2013-2014 $ 353,600 FY 2014-2015 $ 88,400 Total $ 442,000 Page 11 AGENDA ITEM#8C SEPTEMBER 9,2013 Contract#27672 ATTACHMENT B—DISTRICT'S SUPPLEMENTAL INSTRUCTIONS (sample) DISTRICT SUPPLEMENTAL INSTRUCTIONS# DATE: TO: FROM: ,Project Manager CONTRACT/PURCHASE ORDER NUMBER: CONTRACT TITLE: The Work shall be carried out in accordance with the following supplemental instruction issued in accordance with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor changes to the work as consistent with the Contract Documents and return to the District's Project Manager. I. CONT'RACTOR'S SUPPLEMENTAL INSTRUCTIONS: 2. DESCRIPTION OF WORK TO BE CHANGED: 3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS: Contractor's approval: (choose one of the items below): Approved: Date: (It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.) Approved: Date: (Contractor agrees to implement the Supplemental Instructions as requested,but reserves the right to seek a Change Order in accordance with the requirements of the Agreement.) Approved: Date: ,District Project Manager Acknowledged: Date: ,District Contracts Administrator cc: Contract/Purchasing file Financial Management Page 12 AGENDA ITEM#8D SEPTEMBER 9,2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Renewal of City Property and Casualty Insurance (Non-Benefit Insurance) SUBMITTED BY: Susan Danhauser, Human Resources Director DATE: August 16, 2013 BACKGROUND: Harden&Associates marketed all lines of coverage with a focus on securing the best options for the City. With regards to the major lines of coverage, there are two primary trusts for public entities: Florida League of Cities (FMIT) and Preferred Governmental Insurance Trust (PGIT). Both were engaged in a fair bidding process to allow each of the Trusts to provide their most competitive offers. BUDGET: The premium for all property&casualty coverage for fiscal year 2013/2014 is$429,990 plus broker fee $45,000 for a total of$474,990. This represents a decrease from last year of $41,590 and$33,918 under the estimated renewal included in the budget. (For comparative purposes, the premium for the pollution policy was added to last year's total expense number.) The premium reduction is due to updating the property schedules, moving the workers compensation coverage to FMIT and re-bidding the pollution policy. Additional flood coverage is included this year due to the updated FEMA mapping for flood zones. Those flood zone updates included some essential locations for the City's operation where additional coverage was deemed appropriate. The pollution policy, which has a three year term, also was up for renewal this year and the City saved $14,000 on this policy. In addition, there were other enhancements in coverage on the renewal coverages with PGIT. Please note that additional funds may be required during the year for claim deductibles. RECOMMENDATIONS: 1. Approve renewal of insurance, effective October 1, 2013 through September 30, 2014 as indicated above and within Attachment 1. 2. Authorize City Manager to sign related insurance renewal documents. ATTACHMENTS: Summary Insurance Premiums REVIEWED BY CITY MANAGER: AGENDA ITEM It 8D SEPTEMBER 9,2013 INSURANCE RENEWAL PREMIUMS (2013/2014 Renewal) 2013/2014 2012/2013 Estimate FINAL REVISED TYPE ACTUAL Budgeted RENEWAL CARRIER Renewal 2013/2014 Automobile $ 35,431 $ 38,500 $ 36,007 PGIT Property 140,508 105,021 121,945 PGIT Liability-General 32,143 35,000 31,094 PGIT Liability-Police 21,724 23,500 21,718 PGIT Liability-PO &Emp Prac 32,168 35,000 32,873 PGIT Liability-Crime 1,237 1,350 1,237 PGIT Police Statutory AD&D 1,046 1,100 1,007 Federal Ins Co. Workers' Compensation 139,727 153,837 117,608 FMIT Environmental Note 1 62,033 64,500 48,542 Illinois Union Ins Co. 466,017 45 7,808 412,031 Totals Broker Fees 45,000 45,000 45,000 $ 511,017 $502,808 $ 457,031 Flood Insurance-New policy * 12,129 Nat'l Flood Ins. Fiduciary Insurance Note 2 5,563 6,100 5,830 Hudson Ins. Co. Total Property & Casualty $ 516,580 $508,908 $ 474,990 Premiums *The City will receive back$2,668 for the built in commission fees for the flood coverage. Flood coverage has a 30 day waiting period after receipt of payment of premiums. Notes: 1. Three year premium paid in FY 2011 was $62,033. Renewal estimate $64,500 (included in total for comparison). 3 year policy through Illinois Union Ins. Co. $48,542 2. To be paid by Pension Board. AGENDA ITEM#8E SEPTEMBER 9,2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Proposed Ordinance for Florida Friendly Fertilizer Use SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: August 19, 2013 STRATEGIC PLAN LINK: None. BACKGROUND: The City's Municipal Separate Storm Sewer System (MS4) Permit requires that we implement a fertilizer control ordinance based on the FDEP Model Ordinance For Florida-Friendly Use of Fertilizer on Urban Landscapes. This proposed ordinance is intended to regulate the proper use of fertilizers by requiring training for commercial applicators and City employees who apply fertilizers and to provide guidance on environmentally friendly methods of using fertilizers. The Ordinance requires Applicators to use Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers.This ordinance will not restrict homeowners or residents from applying fertilizers on their landscape as they deem necessary; but they are strongly recommended to follow the guidelines included in the ordinance. Excerpt below is copied from Atlantic Beach's current MS4 Permit issued June 1, 2011: MS4 Permit FLS000012-003 Part III.A STORMWATER MANAGEMENT PROGRAM: 6. Pesticides, Herbicides, and Fertilizer Application. "....all local governments within the watershed of a nutrient-impaired water body shall adopt the Department's Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes pursuant to SB 494(2009)or an ordinance that includes all of the requirements set forth in the Model Ordinance. The ordinance shall be adopted within 24 months of the date of permit issuance." RECOMMENDATION: Direct Staff to bring proposed ordinances back for First Reading. BUDGET: This ordinance are not anticipated to require any dedicated funding to enforce,with most actions taken as a result of observations by Public Works Streets and Stormwater crews or Code Enforcement Staff during the course of normal duties. Estimates of Staff time required have not been made, but the need will decrease over time as Commercial Applicators become familiar with the requirements ATTACHMENT: (1) Draft Ordinance (2) MS4 Permit Section 6(excerpt) containing ordinance requirement 41:71 REVIEWED BY CITY MANAGER: AGENDA ITEM 8E SEPTEMBER 9, MODEL ORDINANCE FOR FLORIDA-FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES 1. FINDINGS As a result of impairment to the City of Atlantic Beach's surface waters caused by excessive nutrients, or,as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or springs within the boundaries of the City of Atlantic Beach,the governing body of the City of Atlantic Beach has determined that the use of fertilizers on lands within the City of Atlantic Beach creates a risk to contributing to adverse effects on surface and/or ground water. Accordingly,the City Commission of the City of Atlantic Beach finds that management measures contained in the most recent edition of the"Florida-friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008,"may be required by this ordinance. 2. PURPOSE AND INTENT This Ordinance regulates the proper use of fertilizers by any applicator;requires proper training of Commercial and Institutional Fertilizer Applicators;establishes training and licensing requirements; establishes a Prohibited Application Period; specifies allowable fertilizer application rates and methods, fertilizer-free zones, low maintenance zones, and exemptions. The Ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on the City of Atlantic Beach's natural and constructed stormwater conveyances,rivers,creeks,ponds,and other water bodies. Collectively, these water bodies are an asset critical to the environmental,recreational,cultural and economic well-being of the City of Atlantic Beach residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer,will help improve and maintain water and habitat quality. 3. DEFINITIONS For this Article,the following terms shall have the meanings set forth in this section unless the context clearly indicates otherwise. "Administrator"means the City of Atlantic Beach City Manager,or an administrative official of the City of Atlantic Beach government designated by the City Manager to administer and enforce the provisions of this Article. "Application"or"Apply"means the actual physical deposit of fertilizer to turf or landscape plants,whether solid or liquid product is used. AGENDA ITEM#8E SEPTEMBER 9,2013 "Applicator"means any Person who applies fertilizer on turf and/or landscape plants in the City of Atlantic Beach. "Board or Governing Board"means the City Commission of the City of Atlantic Beach, Florida. "Best Management Practices"means turf and landscape practices or combination of practices based on research,field-testing, and expert review,determined to be the most effective and practicable on-location means,including economic and technological considerations, for improving water quality,conserving water supplies and protecting natural resources. "Code Enforcement Officer,Official,or Inspector"means any designated employee or agent of the City of Atlantic Beach whose duty it is to enforce codes and ordinances enacted by the City of Atlantic Beach. "Commercial Fertilizer Applicator",except as provided in 482.1562(9)F.S.,means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. "Fertilize,""Fertilizing,"or"Fertilization"means the act of applying fertilizer to turf, specialized turf,or landscape plants. "Fertilizer"means any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth,or controls soil acidity or alkalinity,or provides other soil enrichment, or provides other corrective measures to the soil. "Guaranteed Analysis"means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. "Institutional Applicator"means any person, other than a private,non-commercial or a Commercial Applicator(unless such definitions also apply under the circumstances),that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators shall include,but shall not be limited to,owners,managers or employees of public lands,schools,parks,religious institutions,utilities,industrial or business sites and any residential properties maintained in condominium and/or common ownership. "Landscape Plant"means any native or exotic tree,shrub,or groundcover(excluding turf). "Low Maintenance Zone"means an area a minimum of ten(10) feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization,watering, mowing,etc. "Person"means any natural person,business,corporation,limited liability company, partnership,limited partnership, association,club,organization, and/or any group of people acting as an organized entity. AGENDA ITEM#8E SEPTEMBER 9,2013 "Prohibited Application Period"means the time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning,or a Hurricane Watch or Warning is in effect for any portion of Atlantic Beach, issued by the National Weather Service,or if heavy rainl is likely. (World Meteorological Organization definition of heavy rain: Rainfall greater than or equal to 2 inches in a 24 hour period. http://severe.worldweather.org/rain/,and forecast keyword "likely", http://www.wrh.noaa.gov/sew/MediaGuide/TermsOutlooks Watches Warings.pdf.) "the City of Atlantic Beach Approved Best Management Practices Training Program"means a training program approved per 403.9338 F.S.,or any more stringent requirements set forth in this Article that includes the most current version of the Florida Department of Environmental Protection's "Florida friendly Best Management Practices,for Protection of Water Resources by the Green Industries, 2008,"as revised, and approved by the City of Atlantic Beach Public Works Director. "Saturated soil" means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this ordinance,soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. "Slow Release,""Controlled Release,""Timed Release,""Slowly Available,"or"Water Insoluble Nitrogen"means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. "Turf,""Sod,"or"Lawn"means a piece of grass-covered soil held together by the roots of the grass. "Urban landscape"means pervious areas on residential,commercial, industrial,institutional,highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. 4. APPLICABILITY This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the area of the City of Atlantic Beach,unless such applicator is specifically exempted by the terms of this Ordinance from the regulatory provisions of this Ordinance. This ordinance does not restrict any homeowner or residents from applying fertilizers on their landscape as they deem necessary,but they are strongly recommended to follow the guidelines included herein. This Ordinance shall be prospective only,and shall not impair any existing contracts. [Guidance:In 403.9336, the Legislature further finds that local conditions, including variations in the types and quality of water bodies, site-specific soils and geology, and urban or rural densities and characteristics, may necessitate the implementation of additional or more stringent fertilizer management practices at the local government level. Local government may adopt additional or more stringent provisions to the model ordinance as provided in 403.9337(2).However, the local government should consider the disadvantages of confusing jurisdictional differences and should clearly demonstrate they meet the required criteria: (2)Each county and municipal government located within the watershed of a water body or water segment that is listed as impaired by nutrients pursuant to s. 403.067, shall, at a minimum, adopt the department's Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes.A local government may adopt additional or more stringent standards than the model ordinance if the following criteria are met: o(a) The local government has demonstrated, as part of a comprehensive program to address nonpoint sources of nutrient pollution which is science based, and economically and technically feasible, that additional or more stringent standards than the model ordinance are necessary in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to a water body. o (b) The local government documents that it has considered all relevant scientific information, including input from the department, the institute, the Department of Agriculture and Consumer AGENDA ITEM#8E SEPTEMBER 9,2013 Services, and the University of Florida Institute of Food and Agricultural Sciences, if provided, on the need for additional or more stringent provisions to address fertilizer use as a contributor to water quality degradation. All documentation must become part of the public record before adoption of the additional or more stringent criteria] [Guidance:Florida Statues 125.568(3), 166.048(3), 373.185(3), 720.3075(4), and others provide that a local ordinance, deed restriction or covenant may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping on his or her land or create any requirement or limitation in conflict with any provision ofpart II of this chapter{373) or a water shortage order, other order, consumptive use permit, or rule adopted or issued pursuant to Chapter 373 part II.J [Guidance: Florida Statues 482.156 and 482.1562. Neither the Limited Commercial Landscape Maintenance Certification Program nor the Limited Certification for Urban Landscape Commercial Fertilizer Application allows landscape maintenance workers to make any kind of pesticide applications (including weed control and/or weed and,feed products) to any turf areas.] 5. TIMING OF FERTILIZER APPLICATION No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Prohibited Application Period,or to saturated soils. [Guidance: One of the most controversial issues associated with recent fertilizer ordinances enacted by local governments is the definition of the Prohibited Application Period. Some ordinances have prohibited the application offertilizer, even slow release formulations, during the summer rainy season, typically June 1 to September 30. The reasoning is that rain occurs frequently,saturating the soil, leading to more runoff. Saturated soils are prone to runoff or leaching with little or no additional water, and pose a higher than normal risk until soil moisture capacity is restored. Fertilizer management is largely about keeping the nitrogen and/or phosphorus in the root zone where it can be used by plants. Periods of heavy rainfall contribute to leaching, which is washing nutrients out of the root zone, and to runoff especially in areas with compacted or bare soils and significant slope. Vegetative ground cover is important to minimizing erosion,filtering particulates,and incorporating or promoting the biological transformation of potential pollutants. Many variables influence the relationship between fertilizer rates, vegetation health and nutrient enrichment of surface and ground waters. Accordingly, sound science and carefully reasoned judgment are recommended in determining how to define the Prohibited Application Period.] 6. FERTILIZER FREE ZONES Fertilizer shall not be applied within ten(10)feet of any pond,stream,watercourse,pond,lake,canal,or wetland as defined by the Florida Department of Environmental Protection(Chapter 62-340,Florida Administrative Code)or from the top of a seawall,unless a deflector shield, drop spreader,or liquid applicator with a visible and sharply defined edge, is used, in which case a minimum of 3 feet shall be maintained. If more stringent City of Atlantic Beach Code regulations apply,this provision does not relieve the requirement to adhere to the more stringent regulations. Newly planted turf and/or landscape plants maybe fertilized in this Zone only for a sixty(60)day period beginning 30 days after planting if need to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients into the water. [Guidance: This zone is a setback to prevent the applicator from inadvertently depositing fertilizer in the water while performing the application. It is not designed as a treatment buffer, and is to be adhered to as a fundamental environmental safety aspect of the applicator's job, regardless of the owner's desires. Some communities have existing residential setbacks of as little as 10 feetfrom water or seawall.Low maintenance zones, vegetated filter strips,and riparian buffers are strongly encouraged, but such activities are rightly a part of land use planning. Local governments are encouraged to implement these low-impact development practices where AGENDA ITEM#8E SEPTEMBER 9,2013 feasible.] 7. LOW MAINTENANCE ZONES A voluntary ten(10)foot low maintenance zone is strongly recommended,but not mandated,from any pond,stream,water course,lake,wetland or from the top of a seawall. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent City of Atlantic Beach Code regulations apply,this provision does not relieve the requirement to adhere to the more stringent regulations. No mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over-spray of aquatic weed products in this zone.[Guidance: Care must be taken to ensure erosion of the surface soil does not occur. Excessive erosion may be a greater pollution hazard than occasional proper applications offertilizer] 8. FERTILIZER CONTENT AND APPLICATION RATES [Guidance:RULE 5E-1.003(2)(d), F.A.0 contains the following provisions for golf courses,parks and athletic_fields. As such, no additional specific requirements are included for these .types of urban turf. The appropriate Best Management Practices listed below must be followed on such sites for nutrient management activities: (d)Fertilizers labeled for sports turf at golf courses,parks and athletic fields shall: 1. Have directions for use not to exceed rates recommended in the document titled SL191 "Recommendations for N P,K and Mg for Golf Course and Athletic Field Fertilization Based on Mehlich I Extractant"; dated March 2007, which is hereby adopted and incorporated by reference into this rule. Copies may be obtained from the Soil and Water Science Department, Florida Cooperative Extension Service,Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL 32611 or the following website: http://edis.ifas.iffl.edu/SS404. 2. Have directions for use in accordance with the recommendations in `BMP's for the Enhancement of Environmental Quality on Florida Golf Courses",published by the Florida Department of Environmental Protection, dated January 2007. Note that this does not exempt applicators at these sites fr•oni the required basic Green Industry BMP training. Information on this is located at http://.6in.ifas.u.ftedu/professionals/BMP_overview.htm. (a)Fertilizers applied to turf within the City of Atlantic Beach shall be formulated and applied in accordance with requirements and directions provided by Rule 5E-1.003(2),Florida Administrative Code,Labeling Requirements for Urban Turf Fertilizers. (b)Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro-seeding for temporary or permanent erosion control in an emergency situation(wildfire,etc.),or in accordance with the Stormwater Pollution Prevention Plan for that site. (c)Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in(a)above for turf,or in OF/IFAS recommendations for landscape plants,vegetable gardens,and fruit trees and shrubs,unless a soil or tissue deficiency has been verified by an approved test. 9. APPLICATION PRACTICES a. Spreader deflector shields are required when fertilizing via rotary(broadcast)spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all streets,driveways and other impervious surfaces,fertilizer-free zones and water bodies,including wetlands. b. Fertilizer shall not be applied,spilled,or otherwise deposited on any impervious surfaces. c.Any fertilizer applied,spilled,or deposited, either intentionally or accidentally,on any impervious surface shall be immediately and completely removed to the greatest extent practicable. AGENDA ITEM#8E SEPTEMBER 9,2013 d.Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. e. In no case shall fertilizer be washed,swept,or blown off impervious surfaces into stormwater drains, ditches,conveyances,or water bodies. 10. MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER In no case shall grass clippings,vegetative material, and/or vegetative debris be washed, swept,or blown off into stormwater drains, ditches,conveyances,water bodies,wetlands, or sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. 11. EXEMPTIONS The provisions set forth above in this Ordinance shall not apply to: (a)bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14 Florida Statutes; (b)other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; (c)any lands used for bona fide scientific research,including,but not limited to,research on the effects of fertilizer use on urban stonnwater,water quality,agronomics,or horticulture. 12. TRAINING (a)All commercial and institutional applicators of fertilizer within the City of Atlantic Beach, shall abide by and successfully complete the six-hour training program in the"Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries"offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida-Friendly Landscapes"program,or an approved equivalent. (b)Private,non-commercial applicators are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers. 13. LICENSING OF COMMERCIAL APPLICATORS (a)Prior to 1 January 2014, all commercial applicators of fertilizer within the City limits of Atlantic Beach, shall abide by and successfully complete training and continuing education requirements in the "Florida-friendly Best Management Practices for Protection of Water Resources by the Green Industries", offered by the Florida Department of Environmental Protection through the University of Florida IFAS "Florida-friendly Landscapes"program,or an approved equivalent program,prior to obtaining a the City of Atlantic Beach Local Business Tax Certificate for any category of occupation which may apply any fertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators shall provide proof of completion of the program to the City of Atlantic Beach City Clerk's office within 180 days of the effective date of this ordinance. (b)After 31 December,2013,all commercial applicators of fertilizer within the(un)incorporated area of the City of Atlantic Beach,shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per 5E-14.117(18)F.A.C. AGENDA ITEM#8E SEPTEMBER 9,2013 (c)All businesses applying fertilizer to turf and/or landscape plants (including but not limited to residential lawns, golf courses,commercial properties,and multi-family and condominium properties) must ensure that at least one employee has a"Florida-friendly Best Management Practices for Protection of Water Resources by the Green Industries"training certificate prior to the business owner obtaining a Local Business Tax Certificate. Owners for any category of occupation which may apply any fertilizer to Turf and/or Landscape Plants shall provide proof of completion of the program to the City of Atlantic Beach Public Works Director. 14. ENFORCEMENT The Police Department,the Public Works Department,and the Code Enforcement Officer,shall enforce this chapter. All parties h are authorized to sign complaints for violation of this chapter. Violations and penalties. The violation of any provision of this chapter may be punished by a fine as indicated below. Said fine will be imposed on the Contractor employing the Applicator or Lawn Maintenance Worker found to be in violation. Fines will be cumulative on the Contractor regardless of whether different operators are cited Schedule of fines. The following schedule of fines may be assessed in cases of violations of Fertilizer Application or Management of Grass Clippings and Vegetative Matter requirements occurring within the city: First offense within any 2 month period .... $100 Second offense within any 2 month period .... $250 Third offense within any 2 month period $ 500 Fourth or subsequent offense within any 2 month period .... $1000 Funds generated by penalties imposed under this section shall be used by the City of Atlantic Beach for the administration and enforcement of section 403.9337, Florida Statutes,and the corresponding sections of this ordinance,and to further water conservation and nonpoint pollution prevention activities. This Ordinance shall take effect on 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. City of Jacksonville MS4 Final Permit Permit Number:FLS000012-003 STORIVIVVATER MANAGEMENT PROGRAM: 6. Pesticides,Herbicides, and Fertilizer Application. Al? I Pursuant to SB 2080(2009),all local governments are encouraged to adopt a Florida-friendly Landscaping Ordinance similar to the one set forth in the document"Florida-friendly Guidance Models for Ordinances,Covenants and Restrictions." This model ordinance incorporates Florida-friendly landscaping and irrigation design requirements,Florida-friendly fertilizer requirements,and ALL training and certification requirements. Provide a copy of the Except adopted ordinance with the FDOT District If the broader Florida-friendly ordinance described above is not adopted,then subsequent Year 1 or Year 2 Two all local governments within the watershed of a nutrient-impaired water body ANNUAL REPORT. shall adopt the Department's Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes pursuant to SB 494(2009)or an ordinance that includes all of the requirements set forth in the Model Ordinance. The ordinance shall be adopted within 24 months of the date of permit issuance. In each ANNUAL REPORT, During Year 1 of the permit,develop and implement a written public education report on the public and outreach program plan to encourage citizens to reduce their use of education and outreach pesticides,herbicides,and fertilizers. The plan shall include the distribution of activities that are performed ALL public education materials describing the need to minimize the application of or sponsored by the Except fertilizers,pesticides and herbicides,and promote actions such as incorporating permittee within the FDOT District Florida-friendly landscaping concepts into new landscaping projects. permittee's jurisdiction to Two encourage citizens to reduce The plan shall also include the following: the goals and objectives of the their use of pesticides, program;the topics to be addressed;a description of the target audience(s);a herbicides,and fertilizers,. b description of the activities and materials(including clarification of which topics including the type and z are to be addressed by each)to be employed to reach each target audience and number of activities N O 38 °On 3 SEPTEMBER 9,2083 ?I, *.z-, P4-- ,- . _ ._, _ _ 4 xI i. J Free to La,u Free to imar August 23, 2013 Mr. Jim Hanson, City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Dear Mr. Hanson, We respectfully request that the City Commission consider our resolution authorizing conduit financing for Fleet Landing beginning with a briefing of the City Commission by Fleet Landing at its meeting on September 9,2013, and final approval of the authorizing resolution at the City Commission meeting on September 23, 2013. This accelerated timeframe will enable us to continue with our Health Care Repositioning Project without delay, as with past financings, Fleet Landing will pay the costs and expenses of the City in connection with the financing, including the cost of the City's bond attorney. Your consideration of this request is greatly appreciated. Sincerely, Joshua Ash Chief Executive Officer cc: Chauncey Lever, Foley & Lardner One Fleet Landing Boulevard® Atlantic Beach, Florida 32233 904246.9900 ® toll free: 1.800.872.8761 ®www.fleetlanding.com ATLAN 'T' IC BEACH FLORI I) A ` S RETIREMENT LIVING TREASURE NOTICE OF PUBLIC HEARING BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA NOTICE is hereby given that a public hearing will be held by the City Commission of the City of Atlantic Beach, Florida (the "Issuer") on Monday, September 23, 2013, at its meeting beginning at 6:30 p.m., local time, at the City Commission Chambers, City Hall, 800 Seminole Road, Atlantic Beach, Florida. The public hearing will be held for the purpose of considering and acting upon a proposed resolution of the City Commission authorizing the issuance by the Issuer of its City of Atlantic Beach, Florida Health Care Facilities Revenue Bonds (Fleet Landing Project), Series 2013B, in an aggregate principal amount not exceeding $15,000,000 ("Series 2013B Bonds"). The Series 2013B Bonds are to be issued for the purpose of providing the necessary funds to the Issuer to make a loan to Naval Continuing Care Retirement Foundation, Inc. d/b/a Fleet Landing, a Florida not-for-profit corporation and an organization described in section 501(c)(3) of the Internal Revenue Code (the "Company"), for the purposes of financing (or reimbursing the Borrower for) all or any part of the costs of the acquisition, construction and installation of capital projects for a continuing care retirement community known as "Fleet Landing," including the acquisition, construction and installation of: (i) renovations to the existing 80-bed skilled nursing center which will reduce the number of skilled nursing beds to 60 beds and increase the number of private rooms, (ii) a one-story building containing approximately 20,000 square feet to house a 24-unit memory care facility, (iii) a one-story building containing approximately 7,200 square feet to be used as a facility operations and maintenance center and (iv) related facilities, improvements, fixtures, furnishings and equipment, all located or to be located at Fleet Landing, One Fleet Landing Boulevard, in the City of Atlantic Beach, Florida, and all of which is owned and operated or to be owned and operated by the Company (collectively, the "Project"). The proceeds of the Series 2013B Bonds will also be used to fund a debt service reserve fund for the Series 2013B Bonds and pay costs of issuance relating to the Series 2013B Bonds. The Issuer will not be obligated to pay the Series 2013B Bonds except from the proceeds derived from the repayment of the related loan to the Company, or from the other security pledged thereof, and the Bonds will not constitute an indebtedness or a charge against the general credit of the Issuer, the City of Jacksonville (the "City") or the State of Florida (the "State"), or of any political subdivision thereof. Neither the faith and credit or taxing power of the City, the Issuer or any political subdivision thereof will be pledged to the payment of the principal of or the interest on the Series 2013B Bonds. No bond owner or other person shall have any right, directly or indirectly, to compel the exercise of the taxing power of the City, the Issuer or the State or of any political subdivision thereof for the payment of the principal of or interest on the Series 2013B Bonds. The public hearing is required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"). Any person interested in the proposed issuance of the Series 2013B Bonds or the nature or location of the Project may appear and be heard. Subsequent to the public hearing, the City Commission will determine whether to approve the Series 2013B Bonds, as required by Section 147(f) of the Code. 4833-1119-5669.1 The public hearing will be conducted in a manner that provides a reasonable opportunity to be heard for persons with differing views on the issuance of the Series 2013B Bonds and the location and nature of the Project. Any person desiring to be heard on this matter is requested to attend the public hearing or send a representative. Written comments (not exceeding 250 words) to be presented at the hearing may be submitted to the Issuer and further information relating to this matter is available for inspection and copying during regular business hours at the office of Ms. Donna Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, Florida 32235-5445. In accordance with the American Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Issuer not later than seven days prior to the proceeding at the address given above. Comments made at the hearing are for the consideration of the City Commission, and will not bind any legal action to be taken by the Issuer. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. RESOLUTION NO. 13- A RESOLUTION PROVIDING FOR THE ISSUANCE BY THE CITY OF ATLANTIC BEACH, FLORIDA OF ITS HEALTH CARE FACILITIES REVENUE BONDS (FLEET LANDING PROJECT), SERIES 2013B, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000, AND FOR A LOAN BY THE CITY TO NAVAL CONTINUING CARE RETIREMENT FOUNDATION, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, IN A PRINCIPAL AMOUNT EQUAL TO THE AGGREGATE PRINCIPAL AMOUNT OF SAID SERIES 2013B BONDS, FOR THE PURPOSES OF (A) FINANCING OR REFINANCING ALL OR ANY PART OF THE COST OF A CAPITAL PROJECT FOR THE CONTINUING CARE RETIREMENT FACILITY KNOWN AS "FLEET LANDING" AS DESCRIBED IN THIS RESOLUTION, (B) FUNDING A DEBT SERVICE RESERVE FUND FOR THE SERIES 2013B BONDS AND (C) PAYING A PORTION OF THE COSTS OF ISSUING THE SERIES 2013B BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE SERIES 2013B BONDS AND FOR THE PAYMENT THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE AND LOAN AGREEMENT; AUTHORIZING A NEGOTIATED SALE OF THE SERIES 2013B BONDS, AND APPROVING THE CONDITIONS AND CRITERIA FOR SUCH SALE; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT WITH RESPECT TO THE SERIES 2013B BONDS; AUTHORIZING A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT WITH RESPECT TO THE SERIES 2013B BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF THE SERIES 2013B BONDS AND OTHER RELATED INSTRUMENTS AND CERTIFICATES; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2013B BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. 4815-5921-7685.2. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the Constitution of the State of Florida, Chapter 159, Part II, Florida Statutes, as amended and supplemented, and other applicable provisions of law. SECTION 2. DEFINITIONS. Unless the context otherwise requires, the terms defined in this section shall have the meanings specified in this section. Words importing the singular shall include the plural, words importing the plural shall include the singular, and words importing persons shall include corporations and other entities or associations. "Act" means the Constitution of the State of Florida, Chapter 159, Part II, Florida Statutes, as amended from time to time, and other applicable provisions of law. "Bond Purchase Agreement" means the Bond Purchase Agreement among the Issuer, the Borrower and the Underwriter, substantially in the form attached hereto as Exhibit E, as amended or supplemented from time to time. "Borrower" means Naval Continuing Care Retirement Foundation, Inc., a Florida not-for-profit corporation and an organization described in Section 501(c)(3) of the Code, and its lawful successors and assigns, to the extent permitted by the Loan Agreement. "City" means the City of Atlantic Beach, Florida, an incorporated municipality of the State. "City Commission" means the City Commission of the City. "Code" means the Internal Revenue Code of 1986, as amended. "Facilities" means the continuing care retirement facilities known as "Fleet Landing" which are located at One Fleet Landing Boulevard in Atlantic Beach, Florida and all land, buildings, structures, improvements, equipment, fixtures, machinery, furniture, furnishings and other real and personal property now or hereafter attached to, or located in, or used in connection with, any such land, buildings, structures or improvements and all additions thereto, substitutions therefor and replacements thereof, whether now owned or hereafter acquired by the Borrower. "Indenture" means the Indenture of Trust between the Issuer and the Trustee, substantially in the form attached hereto as Exhibit A, as amended or supplemented from time to time. "Issuer"means the City. "Loan Agreement" means the Loan Agreement between the Issuer and the Borrower, substantially in the form attached hereto as Exhibit B, as amended or supplemented from time to time. 2 4815-5921J685.2. "Mayor" means the Mayor or, in the Mayor's absence, such other officer of the Issuer as may be duly authorized by the Issuer to act on his behalf. "Preliminary Official Statement" means the Preliminary Official Statement relating to the Series 2013B Bonds, substantially in the form attached hereto as Exhibit D. "Project" means the acquisition, construction and installation of certain capital improvements to the Facilities, including: (i) renovations to the existing 80-bed skilled nursing center which will reduce the number of skilled nursing beds to 60 beds and increase the number of private rooms, (ii) a one-story building containing approximately 20,000 square feet to house a 24-unit memory care facility, (iii) a one-story building containing approximately 7,200 square feet to be used as a facility operations and maintenance center and (iv) related facilities, improvements, fixtures, furnishings and equipment. "State" means the State of Florida. "Trustee" means U.S. Bank National Association, Jacksonville, Florida, or a national banking association or trust company at the time serving as corporate trustee under the provisions of the Indenture. "Underwriter" means B.C. Ziegler and Company, as the underwriter of the Series 2013B Bonds. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared as follows: A. The Issuer is an incorporated municipality of the State and is a "local agency" duly authorized and empowered by the Act to finance the acquisition, construction, reconstruction, improvement, rehabilitation, renovation, expansion and enlargement, or additions to, furnishing and equipping of any capital project, including any "project" (as defined or described in the Act), including land, rights in land, buildings and other structures, machinery, equipment, appurtenances and facilities incidental thereto, and other improvements necessary or convenient therefor, and to obtain funds to finance or refinance the cost thereof by the issuance of its revenue bonds, as the case may be, for the purposes, among others, of enhancing and expanding the health care and senior living industry, improving the prosperity and welfare of the State and its inhabitants, improving living conditions and health care in the State, increasing purchasing power and opportunities for gainful employment, and otherwise providing for and contributing to the health, safety and welfare of the people of the State. B. The Borrower has requested that the Issuer issue the Series 2013B Bonds for the purposes of(i) paying or reimbursing the Borrower for all or a part of the cost of the Project, (ii) funding a debt service reserve fund and (iii) paying costs of issuing the Series 2013B Bonds. C. The Series 2013B Bonds will be secured by an obligation of the Borrower in the Loan Agreement to make payments sufficient to pay, among other things, the principal of and premium, if any, and interest on such Bonds when and as the same become due. 3 4815-5921-7685.2. D. In compliance with Section 147(f) of the Code and the Treasury Regulations thereunder, notice of a public hearing pertaining to the issuance of the Series 2013B Bonds, the financing of the Project and the location and nature of the Project has been duly given in the same manner as required by the Issuer for the adoption of resolutions generally, including publication of notice not less than fourteen (14) days prior to such public hearing in a newspaper of general circulation in the City. Such public hearing was held by the Issuer on September 23, 2013, and interested individuals were provided a reasonable opportunity to express their views, both orally and in writing, on the proposed issuance of the Series 2013B Bonds, the financing of the Project and the location and nature of the Project. E. The Issuer has been advised that financing all or a part of the cost of the Project by the Issuer will be in furtherance of the purposes of the Act in that it will enhance and expand the health care and senior housing industries, promote and foster the economic growth and development of the Issuer and the State, advance the public purposes providing modern and efficient continuing care facilities in the City, improve living conditions and health care and will serve other predominantly public purposes as set forth in the Act. The Project is appropriate to the needs and circumstances of and shall make a significant contribution to the economic growth and development of the City and the State, shall preserve and provide gainful employment and shall serve a public purpose by advancing the economic prosperity and the general welfare of the City, the State and its people as stated in Section 159.26, Florida Statutes, as amended. F. Based on representations made by the Borrower, the City and other local agencies have been and will continue to be able to cope satisfactorily with the impact of the Facilities and have been and will be able to provide, or cause to be provided when needed, the public facilities, including utilities and public services, that have been or will be necessary for the construction, operation, repair and maintenance of the Facilities and on account of any increases in population or other circumstances resulting therefrom. G. Adequate provision has been made in the documents attached hereto for a loan by the Issuer to the Borrower to finance all or a portion of the cost of the Project, for the operation, repair and maintenance of the Facilities at the expense of the Borrower and for the repayment by the Borrower of the loan in installments sufficient to pay the principal of, premium, if any, and the interest on the Series 2013B Bonds and all costs and expenses relating thereto in the amounts and at the times required, and for the payment by the Borrower of all costs incurred by the Issuer in connection with the financing of all or a portion of the cost of the Project and the administration of the Facilities. H. Based upon the financial information heretofore furnished to the Issuer by the Borrower, the Borrower is financially responsible and fully capable and willing to serve the purposes of the Act and fulfill its obligations under the proposed financing agreements for the Project and under any other agreements to be made in connection with the issuance of the Series 2013B Bonds and the use of the Bond proceeds for financing all or a part of the cost of the Project, including the obligation to pay loan payments or other payments in an amount sufficient in the aggregate to pay all of the interest, principal and redemption premiums, if any, on the Series 2013B Bonds, in the amounts and at the times required, the obligation to operate, repair and maintain the Project at the Borrower's own expense, and such other responsibilities as may be imposed under such agreements, due consideration having been given to the financial 4 4815-5921-7685.2. condition of the Borrower, its ratio of current assets to current liabilities, net worth, earnings trends and coverage of all fixed charges, the nature of the industry or business and of the activity involved, the inherent stability thereof and other factors determinative of the capabilities of the Borrower financially and otherwise, to fulfill its obligations consistently with the purposes of the Act. I. Based on representations made by the Borrower, the cost of the Project are "costs" of a "project" within the meaning of the Act. All of the proceeds of the Series 2013B Bonds will be applied to the financing of a portion of the cost of the Project, financing a debt service reserve fund and paying costs of issuance of the Series 2013B Bonds, as provided herein. J. Based on information supplied by the Borrower, the best interests of the inhabitants of the City will be served, and the public purposes of the Act will be advanced, by the financing all or all or a portion of the cost of the Project in the manner described in the Loan Agreement and the Indenture. K. The principal of, premium, if any, and interest on the Series 2013B Bonds, and all sinking fund and other payments required to be made by the Issuer under the provisions of the Indenture and the Loan Agreement, shall be payable solely from certain moneys pledged under the Indenture, including but not limited to certain payments of the Borrower under the Loan Agreement. The Series 2013B Bonds shall not be deemed to constitute a debt, liability or obligation of the Issuer, of Duval County, Florida (the "County") or of the State or any political subdivision thereof, or a pledge of the faith and credit or the taxing power of the Issuer, of the County or of the State or any political subdivision thereof, but shall be payable solely from the revenues and proceeds pledged thereto under the Indenture. The issuance of the Series 2013B Bonds shall not directly or indirectly, or contingently, obligate the Issuer, the County or the State or any political subdivision thereof, to levy or pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof No holder or owner of any of the Series 2013B Bonds shall ever have any right to compel the exercise of the ad valorem taxing power or the levy or collection of any ad valorem taxes, directly or indirectly, for the payment of any of the principal of,premium, if any, or interest on the Series 2013B Bonds. L. The payments to be made by the Borrower under the Loan Agreement will be sufficient to pay all principal of, premium, if any, and interest on the Series 2013B Bonds, as the same shall become due, and to make all other payments required by the Loan Agreement and the Indenture. M. A negotiated sale of the Series 2013B Bonds is required and necessary and is in the best interest of the Issuer for the following reasons: the Series 2013B Bonds will be special and limited obligations of the Issuer payable out of moneys derived by the Issuer from the Borrower or as otherwise provided herein and will be secured by funds and collateral of the Borrower; the Borrower will be required to pay all costs of the Issuer in connection with the financing; the cost of issuance of the Series 2013B Bonds, which must be borne directly or indirectly by the Borrower would most likely be greater if the Series 2013B Bonds are sold at public sale by competitive bids than if the Series 2013B Bonds are sold at negotiated sale, and there is no basis, considering prevailing market conditions, for any expectation that the terms and conditions of a sale of the Series 2013B Bonds at public sale by competitive bids would be any 5 4815-5921-7685.2. more favorable than at negotiated sale; because prevailing market conditions are uncertain, it is desirable to sell the Series 2013B Bonds at a predetermined price; and revenue bonds having the characteristics of the Series 2013B Bonds are typically sold at negotiated sale under prevailing market conditions. N. The Underwriter has orally agreed with the Borrower to use its best efforts to submit to the Issuer and the Borrower an offer to purchase the Series 2013B Bonds in substantially the form of the Bond Purchase Agreement upon terms acceptable to the Issuer and the Borrower as hereinafter authorized, and it is necessary and appropriate to authorize a negotiated sale of the Series 2013B Bonds to the Underwriter and to authorize the execution and delivery of the Bond Purchase Agreement upon the terms hereinafter provided. O. It is appropriate that the Issuer approve the use and distribution by the Underwriter of the Preliminary Official Statement, and that the Issuer authorize the distribution of a final official statement prior to the issuance and delivery of the Series 2012 Bonds. For this purpose, it is appropriate that the Preliminary Official Statement be approved and that preparation and distribution of a final official statement in the manner hereinafter provided be authorized. P. All conditions precedent to the financing of the Project have been satisfied, or will be satisfied prior to the delivery of the Series 2013B Bonds, and the issuance of the Series 2013B Bonds will otherwise comply with all of the provisions of the Act. SECTION 4. FINANCING OF PROJECT. The financing by the Issuer of the Project in the manner provided herein is hereby authorized. SECTION 5. AUTHORIZATION OF THE SERIES 2013B BONDS. For the purpose of providing funds to (i) pay or reimburse the cost of the Project, (ii) fund a debt service reserve fund and (iii) pay certain costs of issuance of the Series 2013B Bonds, and subject and pursuant to the provisions hereof, the issuance of the Series 2013B Bonds in an aggregate principal amount of not to exceed $15,000,000 is hereby authorized; provided, however, that no series of Bonds shall be issued unless and until (i) the City Attorney has rendered his legal opinion relating to the issuance of the of Series 2013B Bonds and (ii)Foley & Lardner LLP, or other nationally recognized bond counsel, has rendered an opinion to the effect (among other things) that the interest on the Series 2013B Bonds will be excluded from gross income for federal income tax purposes under existing laws of the United States of America at the time of the delivery of the Series 2013B Bonds. The Series 2013B Bonds shall be in the aggregate principal amounts, dated such dates, shall bear interest at such rates, shall be payable or shall mature on such dates and in such amounts, shall be issued in such denominations, shall be subject to optional and mandatory redemption and tender at such time or times, and upon such terms and conditions, shall be payable at the place or places and in the manner, shall be executed, authenticated and delivered, shall otherwise be in such forms, and subject to such terms and conditions, all as provided in the Indenture and Bond Purchase Agreement. 6 4815-5921-7685.2. The Series 2013B Bonds and the premium, if any, and the interest thereon shall not be deemed to constitute a general debt, liability or obligation of the Issuer, the County or the State, or of any political subdivision thereof, or a pledge of the faith and credit of the Issuer, the County or the State or of any political subdivision thereof, but shall be payable solely from the Trust Estate (as defined in the Indenture) provided therefor under the Indenture, and the Issuer is not obligated to pay the Series 2013B Bonds or the interest thereon except from such Trust Estate pledged therefor and neither the faith and credit of the Issuer nor the faith and credit or taxing power of the Issuer, the State, the County or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, or interest on the Series 2013B Bonds. SECTION 6. AUTHORIZATION OF EXECUTION AND DELIVERY OF THE INDENTURE. The Indenture, substantially in the form attached hereto as Exhibit A with such insubstantial changes, corrections, insertions and deletions as may be approved by the Mayor, such approval to be evidenced conclusively by their execution thereof, is hereby approved and authorized; the Issuer hereby authorizes and directs the Mayor to date and execute and the City Clerk to attest, under the official seal of the Issuer, the Indenture, and to deliver the Indenture to the Trustee; and all of the provisions of the Indenture, when executed and delivered by the Issuer, as authorized herein, and by the Trustee, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. SECTION 7. AUTHORIZATION OF EXECUTION AND DELIVERY OF THE LOAN AGREEMENT. The Loan Agreement, substantially in the form attached hereto as Exhibit B with such insubstantial changes, corrections, insertions and deletions as may be approved by the Mayor, such approval to be evidenced conclusively by their execution thereof, is hereby approved and authorized; the Issuer hereby authorizes and directs the Mayor to date and execute and the City Clerk to attest, under the official seal of the Issuer, the Loan Agreement, and to deliver the Loan Agreement to the Borrower; and all of the provisions of the Loan Agreement, when executed and delivered by the Issuer, as authorized herein, and by the Borrower, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. SECTION 8. NEGOTIATED SALE OF SERIES 2013B BONDS; AUTHORIZATION OF EXECUTION AND DELIVERY OF THE BOND PURCHASE AGREEMENT. Subject to the satisfaction of the conditions set forth in this Section, a negotiated sale of the Series 2013B Bonds is hereby authorized. The Mayor is hereby authorized and directed to award the sale of the Series 2013B Bonds to the Underwriter pursuant to the provisions of the Bond Purchase Agreement, subject to all the following conditions: A. Receipt by the Mayor of the Bond Purchase Agreement providing for, among other things, (i)the issuance of the Series 2013B Bonds in an aggregate principal amount which, together with the cumulative aggregate principal amount of any Bonds previously issued by the Issuer, shall not to exceed $15,000,000, (ii) an underwriter's discount not in excess of [2.20]% of the par amount of such Series 2013B Bonds, (iii) a true interest cost not to exceed [6.50]%per annum, and (iv) the final maturity date of such Bonds to be no later than thirty-one (31) years from the dated date of such Series 2013B Bonds. 7 4815-5921-7685.2. B. Receipt by the Mayor from the Underwriter of a disclosure statement and truth-in-bonding information complying with Section 218.385, Florida Statutes. Upon satisfaction of the foregoing conditions, the Bond Purchase Agreement, with such other insubstantial changes, corrections, insertions and deletions as may be approved by the Mayor, such approval to be evidenced conclusively by the Mayor's execution thereof, is approved and authorized; the Issuer hereby authorizes and directs the Mayor to date and execute the Bond Purchase Agreement and to deliver the Bond Purchase Agreement to the Underwriter; and all of the provisions of the Bond Purchase Agreement, when executed and delivered by the Issuer as authorized herein and by the Borrower and the Underwriter, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. SECTION 9. APPROVAL OF PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZATION OF FINAL OFFICIAL STATEMENT. The form of the Preliminary Official Statement, with such omissions, insertions and variations as may be necessary to complete the Preliminary Official Statement and allow the Mayor to deem the Preliminary Official Statement final as hereinafter described, is authorized to be used in connection with the sale of the Series 2013B Bonds. Although the Issuer hereby consents to and approves the use and distribution by the Underwriter of the Preliminary Official Statement, the Issuer has not participated in the preparation of the Preliminary Official Statement and makes no representations as to its accuracy or completeness other than in respect to any information contained therein under the caption "THE ISSUER" and under the caption "LITIGATION—The Issuer." The Mayor is hereby authorized to deem the Preliminary Official Statement final as of its date on behalf of the Issuer for purposes of Rule 15c2-12 of the Securities and Exchange Commission (except for such omissions permitted by such Rule), and to execute a certificate to that effect to be delivered to the Underwriter. A final official statement in substantially the form of the Preliminary Official Statement, with such omissions, insertions and variations as may be necessary and/or desirable and approved by the Mayor prior to the release thereof, is hereby authorized for use and distribution by the Underwriter prior to the issuance and delivery of the Series 2013B Bonds. SECTION 10. AUTHORIZATION OF EXECUTION OF OTHER CERTIFICATES AND INSTRUMENTS. The Mayor and the City Clerk are hereby authorized and directed, either alone or jointly, under the official seal of the Issuer, to execute and deliver certificates of the Issuer certifying such facts as counsel for the Issuer, counsel to the Underwriter or Bond Counsel shall require in connection with the issuance, sale and delivery of the Series 2013B Bonds, and to execute and deliver such other instruments, including but not limited to, tax certificates and agreements, deeds, assignments, bills of sale and financing statements, as shall be necessary or desirable to perform the Issuer's obligations under the Loan Agreement, the Indenture and the Bond Purchase Agreement, and to consummate the transactions hereby authorized. SECTION 11. NO PERSONAL LIABILITY. No representation, statement, covenant, warranty, stipulation, obligation or agreement herein contained, or contained in the Series 2013B Bonds, the Loan Agreement, the Indenture, the Bond Purchase Agreement, or in any certificate or other instrument to be executed on behalf of the Issuer in connection with the issuance of the Series 2013B Bonds, shall be deemed to be a representation, statement, covenant, 8 4815-5921-7685.2. warranty, stipulation, obligation or agreement of any member, officer, employee or agent of the Issuer in his or her individual capacity, and none of the foregoing persons nor any officer of the Issuer executing the Series 2013B Bonds, the Loan Agreement, the Indenture, the Bond Purchase Agreement, or any certificate or other instrument to be executed in connection with the issuance of the Series 2013B Bonds shall be liable personally thereon or be subject to any personal liability or accountability by reason of the execution or delivery thereof SECTION 12. APPOINTMENT OF BOND TRUSTEE. U.S. Bank National Association, a national banking association, with a designated corporate trust office located in Jacksonville, Florida, is hereby appointed as the Bond Trustee (the "Bond Trustee") under the Indenture relating to the Series 2013B Bonds and as registrar and paying agent with respect to the Series 2013B Bonds. SECTION 13. VALIDATION. The Series 2013B Bonds shall not be required to be validated pursuant to Chapter 75, Florida Statutes, as amended; provided, however, that if required by counsel to the Issuer, counsel to the Borrower or Bond Counsel, the Series 2013B Bonds may be validated and in such event Issuer's counsel is hereby authorized, at the expense of the Borrower, to prepare validation pleadings on behalf of the Issuer and to take any and all action as Issuer's counsel may deem necessary or desirable for the validation of such Series 2013B Bonds. SECTION 14. NO THIRD PARTY BENEFICIARIES. Except as provided herein or in the Series 2013B Bonds, the Loan Agreement, the Indenture, the Bond Purchase Agreement, and any assignment thereof, nothing in this Resolution or in such documents, expressed or implied, is intended or shall be construed to confer upon any person, firm, corporation or other organization, other than the Issuer, the Borrower, the Bond Trustee, the Underwriter and the owners from time to time of the Series 2013B Bonds any right, remedy or claim, legal or equitable, under and by reason of this Resolution or any provision hereof or of such documents; this instrument, such documents and all provisions hereof and thereof being intended to be and being for the sole and exclusive benefit of the Issuer, the Borrower, the Bond Trustee and the owners from time to time of the Series 2013B Bonds. SECTION 15. PREREQUISITES PERFORMED. All acts, conditions and things relating to the passage of this Resolution, to the issuance, sale and delivery of the Series 2013B Bonds, to the execution and delivery of the Loan Agreement, the Indenture and the Bond Purchase Agreement, required by the Constitution or other laws of the State, to happen, exist and be performed precedent to the passage hereof, and precedent to the issuance, sale and delivery of the Series 2013B Bonds, to the execution and delivery of the Loan Agreement,the Indenture and the Bond Purchase Agreement, have either happened, exist and have been performed as so required or will have happened, will exist and will have been performed prior to such execution and delivery. SECTION 16. COMPLIANCE WITH CHAPTER 218, PART III, FLORIDA STATUTES. The Issuer hereby approves and authorizes the completion and filing with the Division of Bond Finance, Department of General Services of the State of Florida, at the expense of the Borrower, of Bond Information Form BF 2003, and any other acts as may be necessary to comply with Chapter 218, Part III, Florida Statutes, as amended. 9 4815-5921-7685.2. SECTION 17. GENERAL AUTHORITY. The commissioners, officials, attorneys, engineers or other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this Resolution, the Series 2013B Bonds, the Loan Agreement, the Indenture, and the Bond Purchase Agreement, and to do all acts and things which are desirable and consistent with the requirements hereof or of the Series 2013B Bonds, the Loan Agreement, and the Indenture, for the full, punctual and complete performance of all the terms, covenants and agreements contained herein or in the Series 2013B Bonds, the Loan Agreement and the Indenture. SECTION 18. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provisions of law, though not expressly prohibited, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions, and shall in no way affect the validity of any of the other provisions hereof or of the Series 2013B Bonds issued under the Indenture. SECTION 19. REPEALING CLAUSE. All resolutions or parts thereof in conflict herewith,to the extent of such conflict, are hereby superseded and repealed. [Remainder of this page intentionally left blank.] 10 4815-5921-7685.2. SECTION 20. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 23rd day of September, 2013. CITY OF ATLANTIC BEACH, FLORIDA By: Mayor (OFFICIAL SEAL) ATTEST: City Clerk APPROVED AS TO FORM AND CORRECTNESS: City Attorney 11 4815-5921-7685,2. EXHIBIT LIST Exhibit A—Indenture of Trust Exhibit B—Loan Agreement Exhibit C—Bond Purchase Agreement Exhibit D—Official Statement Please Note: These exhibits are not included in this packet since they are still being prepared; however, they will be provided along with the resolution in the agenda packet for the Special Called Meeting of September 23, 2013. Please contact the City Clerk's Office if you wish to see a draft. AGENDA ITEM#l0A SEPTEMBER 9,2013 City Manager Performance Evaluation City of Evaluation period: to Governing Body Member's Name Each member of the governing body should complete this evaluation form, sign it in the space below, and return it to . The deadline for submitting this performance evaluation is . Evaluations will be summarized and included on the agenda for discussion at the work session on . Mayor's Signature Date Governing Body Member's Signature Date Submitted Page 1 of 7 AGENDA ITEM# 10A SEPTEMBER 9,2013 INSTRUCTIONS This evaluation form contains ten categories of evaluation criteria. Each category contains a statement to describe a behavior standard in that category. For each statement, use the following scale to indicate your rating of the city manager's performance. 5 = Excellent (almost always exceeds the performance standard) 4 = Above average (generally exceeds the performance standard) 3 = Average (generally meets the performance standard) 2 = Below average (usually does not meet the performance standard) 1 = Poor (rarely meets the performance standard) Any item left blank will be interpreted as a score of"3 = Average" This evaluation form also contains a provision for entering narrative comments, including an opportunity to enter responses to specific questions and an opportunity to list any comments you believe appropriate and pertinent to the rating period. Please write legibly. Leave all pages of this evaluation form attached. Initial each page. Sign and date the cover page. On the date space of the cover page, enter the date the evaluation form was submitted. All evaluations presented prior to the deadline identified on the cover page will be summarized into a performance evaluation to be presented by the governing body to the city manager as part of the agenda for the meeting indicated on the cover page. PERFORMANCE CATEGORY SCORING 1. INDIVIDUAL CHARACTERISTICS Diligent and thorough in the discharge of duties, "self-starter" Exercises good judgment Displays enthusiasm, cooperation, and will to adapt Mental and physical stamina appropriate for the position Exhibits composure, appearance and attitude appropriate for executive position Add the values from above and enter the subtotal = 5 = score for this category Page 2 of 7 Initials AGENDA ITEM# I OA SEPTEMBER 9,2013 2. PROFESSIONAL SKILLS AND STATUS Maintains knowledge of current developments affecting the practice of local government management Demonstrates a capacity for innovation and creativity Anticipates and analyzes problems to develop effective approaches for solving them Willing to try new ideas proposed by governing body members and/or staff Sets a professional example by handling affairs of the public office in a fair and impartial manner Add the values from above and enter the subtotal + 5 = score for this category 3. RELATIONS WITH ELECTED MEMBERS OF THE GOVERNING BODY Carries out directives of the body as a whole as opposed to those of any one member or minority group Sets meeting agendas that reflect the guidance of the governing body and avoids unnecessary involvement in administrative actions Disseminates complete and accurate information equally to all members in a timely manner Assists by facilitating decision making without usurping authority Responds well to requests, advice, and constructive criticism Add the values from above and enter the subtotal _ 5 = score for this category 4. POLICY EXECUTION Implements governing body actions in accordance with the intent of council Supports the actions of the governing body after a decision has been reached, both inside and outside the organization Understands, supports, and enforces local government's laws, policies, and ordinances Reviews ordinance and policy procedures periodically to suggest improvements to their effectiveness Offers workable alternatives to the governing body for changes in law or policy when an existing policy or ordinance is no longer practical Add the values from above and enter the subtotal = 5 = score for this category Page 3 of 7 Initials AGENDA ITEM# 10A SEPTEMBER 9,2013 5. REPORTING Provides regular information and reports to the governing body concerning matters of importance to the local government, using the city charter as guide Responds in a timely manner to requests from the governing body for special reports Takes the initiative to provide information, advice, and recommendations to the governing body on matters that are non-routine and not administrative in nature Reports produced by the manager are accurate, comprehensive, concise and written to their intended audience Produces and handles reports in a way to convey the message that affairs of the organization are open to public scrutiny Add the values from above and enter the subtotal = 5 = score for this category 6. CITIZEN RELATIONS Responsive to requests from citizens Demonstrates a dedication to service to the community and its citizens Maintains a nonpartisan approach in dealing with the news media Meets with and listens to members of the community to discuss their concerns and strives to understand their interests Gives an appropriate effort to maintain citizen satisfaction with city services Add the values from above and enter the subtotal + 5 = score for this category 7. STAFFING Recruits and retains competent personnel for staff positions Applies an appropriate level of supervision to improve any areas of substandard performance Stays accurately informed and appropriately concerned about employee relations Professionally manages the compensation and benefits plan Promotes training and development opportunities for employees at all levels of the organization Add the values from above and enter the subtotal = 5 = score for this category Page 4 of 7 Initials AGENDA ITEM# 10A SEPTEMBER 9,2013 8. SUPERVISION Encourages heads of departments to make decisions within their jurisdictions with minimal city manager involvement, yet maintains general control of operations by providing the right amount of communication to the staff Instills confidence and promotes initiative in subordinates through supportive rather than restrictive controls for their programs while still monitoring operations at the department level Develops and maintains a friendly and informal relationship with the staff and work force in general, yet maintains the professional dignity of the city manager's office Sustains or improves staff performance by evaluating the performance of staff members at least annually, setting goals and objectives for them, periodically assessing their progress, and providing appropriate feedback Encourages teamwork, innovation, and effective problem-solving among the staff members Add the values from above and enter the subtotal _ 5 = score for this category 9. FISCAL MANAGEMENT Prepares a balanced budget to provide services at a level directed by council Makes the best possible use of available funds, conscious of the need to operate the local government efficiently and effectively Prepares a budget and budgetary recommendations in an intelligent and accessible format Ensures actions and decisions reflect an appropriate level of responsibility for financial planning and accountability Appropriately monitors and manages fiscal activities of the organization Add the values from above and enter the subtotal + 5 = score for this category Page 5 of 7 Initials AGENDA ITEM# I0A SEPTEMBER 9,2013 10. COMMUNITY Shares responsibility for addressing the difficult issues facing the city Avoids unnecessary controversy Cooperates with neighboring communities and the county Helps the council address future needs and develop adequate plans to address long term trends Cooperates with other regional, state and federal government agencies Add the values from above and enter the subtotal = 5 = score for this category NARRATIVE EVALUATION What would you identify as the manager's strength(s), expressed in terms of the principle results achieved during the rating period? What performance area(s) would you identify as most critical for improvement? Page 6 of 7 Initials AGENDA ITEM#I0A SEPTEMBER 9,2013 What constructive suggestions or assistance can you offer the manager to enhance performance? What other comments do you have for the manager; e.g., priorities, expectations, goals or objectives for the new rating period? Page 7 of 7 Initials LEADERSHIP Rate the ability of the city manager to inspire, encourage and facilitate the activities of subordinates and peers to achieve City goals. Consider the degree of ingenuity demonstrated in seeking proactive solutions and assuming responsibility for outcomes as well as creativity, resourcefulness, and communicating in a manner that inspires confidence or builds support. Rating Descriptive Statements NI FME EE NA General Comments Takes a proactive approach to issues Motivates and inspires council, staff, and the public Offers new ideas,processes and procedures to council, staff and the public Provides mentoring and coaching to key staff Understands his staffs strengths and shapes programs around those List notes or comments that support the overall rating on leadership rri NI=Needs Improvement, FME=Fully Meets Expectations, EE=Exceeds Expectations, NA=No observation or too early to tell a nr 4 Wa FISCAL MANAGEMENT AND BUDGETING Rate the city manager's ability to prepare an operating and a capital budget, be responsible for(or delegate)purchasing, ensure the collection of revenues,administer the financial affairs of the city, and prepare reports to council to keep members abreast of the city's financial condition, per the city's charter. Rating Descriptive Statements NI FME EE NA General Comments Ensures purchasing policies are followed and informs council when revisions are needed Prepares realistic and understandable budget documents Operates the city's finances in compliance with generally accepted accounting principles Maximizes all efforts to collect taxes and other revenues and seeks new revenue sources Manages the budget within the confines of what the council adopted Makes the best use of available funds, conscious of the need to operate the city efficiently and effectively List notes or comments that support the overall rating on fiscal management and budgeting NI=Needs Improvement, FME=Fully Meets Expectations, EE=Exceeds Expectations, NA=No observation or too early to tell d rrl m N � SERVICE DELIVERY AND ADMINISTRATION Rate the ability of the city manager to supervise the administrative affairs of the city to include staffing, the management of the departments, and the provision of city services. Basically,the ability to run the city. Rating Descriptive Statements NI FME EE NA General Comments Ensures the public receives city services efficiently and effectively Enforces laws and policies adopted by the council and the state Makes sure staff has the resources it needs to do its job Responds appropriately to citizen and employee complaints and/or concerns Performs duties within given time frames List notes or comments that support the overall rating on service delivery and administration rt bm NI=Needs Improvement, FME=Fully Meets Expectations, EE=Exceeds Expectations, NA=No observation or too early to tell r'71 my N � w � CITIZEN AND COMMUNITY RELATIONS Rate the effectiveness of the city manager in dealing with the citizens, the public, intergovernmental agencies,businesses and non- profits. Is fair, responsive, professional, polite, open, skillful with the media, cooperative, and listens. Rating Descriptive Statements NI FME EE NA General Comments Asks for and gives attention to concerns and opinions of all community groups and individuals Uses sensitivity, diplomacy, and empathy when dealing with the public Interacts effectively with federal, state and other local government representatives to achieve potential benefit for the city Demonstrates openness, receptiveness, and approachability in both formal and informal situations Deals effectively with the media List notes or comments that support the overall rating on citizen and community relations � z NI=Needs Improvement, FME=Fully Meets Expectations, EE=Exceeds Expectations, NA=No observation or too early to tell o - �Wo PERSONAL AND PROFESSIONAL QUALITIES Evaluate the character of the city manager, his integrity,his ethics, his fairness and equity in dealing with employees,the council and the public, his dedication to professional development, time management, problem solving and decision making skills. Rating Descriptive Statements NI FME EE NA General Comments Projects a positive and professional image Has complete personal and professional integrity Demonstrates continuous professional development Adheres to the ICMA code of ethics Works toward gaining and maintaining the respect and support of staff List notes or comments that support the overall rating on personal and professional qualities z d NI=Needs Improvement, FME=Fully Meets Expectations, EE=Exceeds Expectations, NA =No observation or too early to tell N d O r CITY COUNCIL RELATIONS Rate the effectiveness of the city manager in dealing with council members including prompt, thorough and complete information provided equally to all council members; the lack of surprises on behalf of council members; availability; tact; responsiveness; and how well he successfully interprets the direction and intent of council. Rating Descriptive Statements NI FME EE NA General Comments Assists by facilitating decision making without usurping authority Disseminates complete and accurate information equally to all members in a timely manner Responds well to requests, advice, and constructive criticism Presents multiple options for council to consider Keeps the council informed of administrative developments List notes or comments that support the overall rating on city council relations bm mz NI=Needs Improvement, FME=Fully Meets Expectations, EE=Exceeds Expectations, NA=No observation or too early to tell 4 a rri N � O � W O a ADDITIONAL NARRATIVE—LOOKING AHEAD What would you identify as the manager's strength(s), expressed in terms of the principal results achieved during the rating period? What performance area(s)would you identify as most critical for improvement? What constructive suggestions or assistance can you offer the city manager to enhance performance? What other comments do you have for the manager, e.g. priorities, expectations, goals or objectives for the new rating period? Please provide recommendations and comments on a possible change in compensation and a contract extension beyond the current expiration date of August 8, 2013. a CO N � O 0 AGENDA ITEM# 10B SEPTEMBER 9,2013 MINUTES Board Member Review Committee Meeting July 30, 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(arrived at 5:08 p.m.) , Rita Pierce and Solomon Brotman, Code Enforcement Board Chair Veda Harless and City Clerk Donna Bartle. 1. Approval of the minutes of the BMRC meeting of May 15, 2013. Motion: Approve minutes of the Board Member Review Committee meeting of May 15,2013. (Mr. Johnson was not present during this item.) Moved by Brotman, seconded by Pierce Motion carried unanimously Commissioner Daugherty explained the vacancies to address on the Code Enforcement Board. (Item 3 was taken out of sequence and acted on at this time.) 3. Discuss current alternate,John Stinson,who is interested in appointment as a regular member. Veda Harless explained that Mr. Stinson was interested in becoming a regular member. The Committee discussed his attendance record as well as his contributions to the Code Enforcement Board. Motion: Recommend appointing John Stinson to serve as a regular member on the Code Enforcement Board with his term beginning October 1,2013. Moved by Brotman, seconded by Pierce Motion carried unanimously (Item 4 was taken out of sequence and acted on at this time.) 4. Review current member of the Code Enforcement Board whose term expires on 9/30/13 and is interested in reappointment. A. Meade Coplan The Committee discussed her attendance record as well as her contributions to the Code Enforcement Board. Motion: Recommend reappointing Meade Coplan to serve an additional term on the Code Enforcement Board beginning October 1, 2013. Moved by Pierce, seconded by Johnson Motion carried unanimously AGENDA ITEM# 10B SEPTEMBER 9,2013 2. Interview the new candidates (listed below) for consideration as a new member or alternate member of the Code Enforcement Board. New candidates: A. Richard Lombardi B. Louis Keith The Committee interviewed Mr. Lombardi and Mr. Keith separately. The purpose of the interview and an overview of the duties and responsibilities of the Code Enforcement Board were explained to 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. 5. Discuss the new candidates and make recommendations. The Committee discussed the two candidates. Motion: Recommend appointing Louis Keith as a regular member and Richard Lombardi as the alternate member to serve on the Code Enforcement Board for terms beginning October 1, 2013. Moved by Harless, seconded by Brotman Motion carried unanimously 6. Other Business City Clerk Bartle explained the Pension Board of Trustees and the Community Development Board have upcoming vacancies that need to be addressed in the near future. Adjournment There being no other business,the meeting adjourned at 6:05 pm. Jonathan Daugherty Chairman Minutes of the Board Member Review Committee Meeting on July 30, 2013 Page 2 of 2 AGENDA ITEM#10B SEPTEMBER 9,2013 CITY OF ATLANTIC BEACH Received BOARD / COMMITTEE MEMBER APPLICATION FORM AUG 1 7 2012 Please check('1)the box beside each Board or Committee that you are applying to serve on. If you check more than one,please rank your interest in each board/committee by order of priority. (A summary of each board/committee is available on page 2 of this form.) Office of City Clerk Y Code Enforcement Board Community Development Board _ Pension Board of Trustees Board Member Review Committee Cultural Arts and Recreation Advisory Committee DATE: 6 //' //Z APPLICANT'S NAME: /�'-��lei S AZ-Z/2-,/ ADDRESS: /? 'J$ /i�/°�d / �`�c 7f2> 3.7.03g DAYTIME PHONE: 9, 1/.4.1:95 6G20_...7 EVENING PHONE: J E-MAIL ADDRESS/i':.:64/ i, /Z , AX: Please explain any employment experience,board/committee experience, and/or community volunteer experience relative to the board/committee applying for. /717- G, , 8e-,�1 ,Anesc /97 . 75 ' e)zei ,00;/,:5102/ ,1Z-43-1d,e ?Dl- V /mac 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. 26.;e": ` 5/%7/2 Please return completed form to Donna L.Battle,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 AGENDA ITEM# 10B SEPTEMBER 9,2013 CITY OF ATLANTIC BEACH BOARD /COMMITTEE ME ER APPLICATION FORM Please check(J)the box beside each Board or Committee that you are applying to serve on. If you check more than one,please rank your interest in each board/committee by order of priority. (A summary of each board/committee is available on page 2 of this form.) Code Enforcement Board Community Development Board Pension Board of Trustees Board Member Review Committee Cultural Arts and Recreation Advisory Committee DATE: 2/27/13 APPLICANT'S NAME: Richard Lombardi ADDRESS: 123 Magnolia St DAYTIME PHONE: 901 —604—4169 EVENING PHONE: 901 —604—4169 E-MAIL ADDRESS: rlombardi19@gmail.com FAX: Please explain any employment experience,board/committee experience,and/or community volunteer experience relative to the board/committee applying for. I have an MS in Physics and have done Physics Research as well. In addition,I have worked in IT for all of my professional career. Logic and evidence are my forte. Defining tasks and bringing a project to an end is what I excel at. 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 am now a homeowner and landlord in Atlantic Beach. However,what I really bring to the table is a wealth of experience. I have lived in several countries, all democracies,traveled extensively in more countries than most people have seen cities. I have also represented myself in lawsuits in the past. So I have seen a wide variety of human behavior, democratic solutions, and many forms of corruption. The board will often find I have a slightly different take or point of view on matters of interest. The board will find I work very professionally, on-target, and enthusiastically to close matters. Whether reviewing a contract or presenting a variety of options,I would be pleased to make my services available to Atlantic Beach. 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 AGENDA ITEM#10C SEPTEMBER 9,2013 ORDINANCE NO. 5-13-60 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD, TO REPEAL DIVISION 2 IN ITS ENTIRETY, DISSOLVE THE CODE ENFORCEMENT BOARD, AND ESTABLISH THE CODE ENFORCEMENT ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, WHICH AUTHORIZES THE CREATION OF ONE OR MORE CODE ENFORCEMENT SPECIAL MAGISTRATES, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1. Division 2, Code Enforcement Board, consisting of Secs. 2-141 through 2-160, of Article V, Boards and Commissions, of Chapter 2, Administration, of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby repealed. SECTION 2. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new Division 2 to Article V of Chapter 2, which Division shall read as follows: "DIVISION 2. CODE ENFORCEMENT Sec. 2-141. Title. This division may be known and cited as the "Code Enforcement Ordinance of the City of Atlantic Beach, Florida." Sec. 2-142. Intent of division. It is the intent of this division to promote, protect, and improve the health, safety, and welfare of the citizens of the City by authorizing the creation of one or more code enforcement special magistrates ("special magistrate") with authority to impose administrative fines and other non-criminal penalties to provide an equitable and expeditious method of enforcing certain codes and ordinances in force in the City, where a pending or repeated violation continues to exist. Sec. 2-143. Definitions. (a) Unless the context requires otherwise, the terms used in this division shall have the definitions provided under Chapter 162, Florida Statutes. AGENDA ITEM# 10C SEPTEMBER 9,2013 (b) The following words, terms and phrases used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Repeat violation means a violation of a provision of a code or ordinance by a person whom the code enforcement board or the special magistrate has previously found to have violated the same provision within five (5) years prior to the violation. (2) Code inspector means any authorized agent or employee of the city whose duty it is to assure code compliance. (3) Commission means the City Commission of the City of Atlantic Beach. (4) City means the City of Atlantic Beach, Florida. Sec. 2-144. Code enforcement board dissolved; references revised. The code enforcement board, heretofore established by the adoption of Ordinance No. 95-80-21, is hereby dissolved effective ; provided, all prior administrative actions, orders and liens imposed by such code enforcement board shall remain in full force and effect. No cases shall be referred to the code enforcement board on and after . All cases remaining pending before the code enforcement board as of , shall be transferred to the special magistrate. All references to the code enforcement board occurring elsewhere within this code, within the city's land development regulations and within any other codes, ordinances and resolutions of the Commission shall hereafter be deemed to refer to the special magistrate appointed under the authority of this division. Sec. 2-145. Special magistrate appointment and powers. (a) The Commission shall appoint a special magistrate or special magistrates, as needed. Appointments shall be made on the basis of experience and interest in the subject matter, in the sole discretion of the Commission. A special magistrate must be a member in good standing of The Florida Bar. (b) The special magistrate shall serve at the pleasure of the Commission. (c) The amount of compensation paid to a special magistrate shall be determined by the Commission. (d) The special magistrate shall have the power to: (1) Adopt rules for the conduct of code enforcement hearings provided, however, that the rules shall be uniform for all special AGENDA ITEM# 10C SEPTEMBER 9,2013 magistrates. (2) Subpoena alleged violators and witnesses to code enforcement 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. Sec. 2-146. Notification of violators; requests for hearings. (a) It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes and ordinances under the jurisdiction of the special magistrate and more particularly set out hereinafter; however, no special magistrate shall have the power to initiate such enforcement proceedings. (b) Except as provided in subsection (c), if a violation of any such code or ordinance is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify the special magistrate and request a hearing. The special magistrate, through his/her clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in Section 162.12, Florida Statutes, to the_property owner and/or the violator. At the option of the special magistrate, notice may additionally be served by publication or posting as provided Section 162.12, Florida Statutes. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the special magistrate even if the violation has been corrected prior to the hearing, and the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the special magistrate and request a hearing. The special magistrate, through his/her clerical staff, shall schedule a hearing and shall provide notice pursuant to Section 162.12, Florida Statutes. The case may be presented to the special magistrate even if the repeat violation has been corrected prior to the hearing and the notice shall so state. If the repeat violation has been corrected, the special magistrate retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the special magistrate. AGENDA IT #oi3 SEPTEMBER 9,2013 (d) If the code inspector has reason to believe a violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the property owner and/or violator, and may immediately notify the special magistrate and request a hearing. (e) If the owner of property that is subject to an enforcement proceeding before an enforcement board, special magistrate, or court transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall: (1) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. (2) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor. (3) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding. (4) File a notice with the code inspector of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer. A failure to make the disclosures described in paragraphs (e)(1) through (e)(3) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period to correct the violation before the hearing is held. Sec. 2-147. Conduct of hearings. (a) Upon request of the code inspector, or at such other times as may be necessary, the special magistrate may call a code enforcement hearing. Minutes shall be kept of all hearings by the special magistrate, through his/her clerical staff; and all hearings and proceedings shall be open to the public and recorded, The City shall provide clerical and administrative personnel as may be reasonably required by the special magistrate for the proper performance of his/her duties. (b) Each case before the special magistrate shall be presented by the City's code inspection staff or the city attorney. AGENDA ITEM#10C SEPTEMBER 9,2013 (c) The special magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The special magistrate shall take testimony from the code inspector, alleged violator, and any witnesses. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (d) The special magistrate may, at his/her option, issue findings of fact, based on evidence of record and conclusions of law; and may issue an order affording the proper relief consistent with powers granted in this division and in Chapter 162, Florida Statutes at the conclusion of the hearing. All such findings of fact, conclusions of law, and orders shall be issued not later than thirty (30) days from the date of the hearing. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property. The findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the special magistrate shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. (e) Notification of the special magistrate's action shall be delivered by the city to the violator by regular mail within ten (10) days of the date that order is executed. Section 2-148. Jurisdiction of special magistrate (a) Except as otherwise provided in this Code of Ordinances, the special magistrate shall have the jurisdiction and authority to hear and decide alleged violations of the codes of the City, including, but not limited to the following: (1) City of Atlantic Beach Code of Ordinances, per Chapter 162, Florida Statutes. (2) State of Florida Building Code, administration section of Chapter 553 [Florida Statutes], as adopted by the State of Florida and by the City. (3) International Property Maintenance Code as adopted by the City. AGENDA ITEM# IOC SEPTEMBER 9,2013 (4) All other local codes and ordinances as allowed by Chapter 162, Part 1., Florida Statutes, Local Government Code Enforcement Boards, as it may be amended from time to time. (b) The jurisdiction of the special magistrate shall not be exclusive. Any alleged violation of any of the provisions of subsection(a) may be pursued by appropriate remedy in court at the option of the administrative official whose responsibility it is to enforce that respective code or ordinance. Sec. 2-149. Penalties for violation. (a) The special magistrate upon notification by the code inspector that an order of the special magistrate has not been complied with by the set time, or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the special magistrate for compliance or, in the case of a repeat violation, for each day the repeat violation continues past the date of notice to the violator of the repeat violation. If a finding of a violation or a repeat violation has been made as provided in this division, a hearing shall not be necessary for issuance of the order imposing the fine. (b) A fine imposed pursuant to this section shall not exceed two hundred fifty dollars ($250.00) per day for a first violation and shall not exceed five hundred dollars ($500.00) per day for a repeat violation, and in addition may include all costs of repairs pursuant to Fla.Stat. 162.09(1). However, if a violation is found to be irreparable or irreversible in nature, the special magistrate may impose a fine not to exceed $5,000.00 per violation. In determining the amount of the fine, if any, the special magistrate shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; (3) Any previous violations committed by the violator; (4) The complexity and resources required to complete the investigation; and (5) The cost and outcome of the hearing. (c) A certified copy of an order imposing a fine may be recorded in the public AGENDA ITEM# 10C SEPTEMBER 9,2013 records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed a court judgment except for enforcement purposes. A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the city, and the city may execute a satisfaction or release of lien entered pursuant to this section. After three (3) months from the filing of any such lien that remains unpaid, the city may foreclose on the lien or to sue to recover a money judgment for the lien plus accrued interest. No lien created pursuant to the provisions of this section may be foreclosed on real property that is a homestead under Section 4, Division X of the State Constitution. The money judgment provisions of this section shall not apply to real or personal property that is covered under Section 4(a), Division X of the State Constitution. Sec. 2-150. Duration of lien. No lien provided under this division shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction, In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fees, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Sec. 2-151. Appeals. An aggrieved party, including the city, may appeal a final administrative order of the special magistrate to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the special magistrate. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. Sec. 2-152. Notices. (1) All notices required by this part shall be provided to the alleged violator by: (a) Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the property in question AGENDA ITEM I IOC SEPTEMBER 9, at the address listed in the public records of Duval County for tax notices, and at any other address provided to the city by such owner and is returned as unclaimed or refused, notice may be provided by publication or posting as described in paragraphs (2) or (3) below and by first class mail directed to the addresses furnished to the city with a properly executed proof of mailing or affidavit confirming the first class mailing; (b) Hand delivery by the sheriff or other law enforcement officer, code inspector, private process server, or other person designated by the local governing body; (c) Leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (d) In the case of commercial premises, leaving the notice with the manager or other person in charge. (2) In addition to providing notice as set forth in subsection (1), at the option of the special magistrate, notice may also be served by publication or posting, as follows: (a) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the city where the special magistrate hearing is located. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. (b) Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes. (3) In lieu of or in addition to publication as described in paragraph (2), such notice may be posted at least 10 days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be the Atlantic Beach City Hall. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (4) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection(1). AGENDA ITEM#10C SEPTEMBER 9,2013 Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1), together with proof of publication or posting as provided in paragraphs (2) or (3), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. Sec. 2-153. Provisions division supplemental. It is the legislative intent of this division to provide an additional or supplemental means of obtaining compliance with the local codes. Nothing contained in this division shall prohibit the Commission from enforcing its codes by any other means. Secs. 2-154—2-160. Reserved. " SECTION 3. If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4. 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 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 AGENDA ITEM#IOD SEPTEMBER 9,20I3 Commissioner Beckenbach—Recommended Police Building RFP- PUBLIC SAFETY BUILDING NEEDS ASSESSMENT, EXPANSION AND REMODELING FEASIBILITY STUDY RFP I. INTRODUCTION AND SCOPE OF PROJECT: The City of Atlantic Beach is soliciting proposals from qualified Architectural and Engineering (A& E) firms with critical facility experience to participate in a competitive process to provide professional services to conduct a needs assessment and feasibility study regarding improvements to the current Atlantic Beach Public Safety Building. Five copies of the proposals must be submitted by Friday, 4:30PM,May 31, 2013 and addressed to: Michael Griffin, Building and Zoning Director 800 Seminole Road Atlantic Beach, FL 32233 RFP-13-0X Police Building Needs Assessment & Feasibility Study II. BACKGROUND: The current City of Atlantic Beach Public Safety Building is approximately twenty five (25) years old, and has a number of deficiencies that adversely impact the operations of the Police Department. For several years the City has been working to determine a cost effective plan for upgrading or replacing the existing facilities. Beginning in 2005,the City had an architectural firm provide guidance relative to renovating and expanding the existing facility, followed by an evaluation by a separate architectural firm that specialized in Public Safety.A number of potential sites for a new Public Safety Building were evaluated, and it was determined that a location at 800 Seminole Road adjacent to the City Hall Complex was the best location for a new Public Safety Building. However, the design submitted encroached into the adjacent City Park and was deemed unacceptable for both cost, and this encroachment. The City Commission of Atlantic Beach has established funding for a feasibility study to determine if the existing building can be modified to an acceptable structure on the existing site, and if feasible, what would be the reasonable cost of this project. Time is of the essence, so this project will have a short timeline for completion. To ensure an unbiased evaluation, the successful proposer for this study will not be considered for any subsequent design project related to the Public Safety Building.Additionally, firms who have been under contract to the City in earlier studies and /or design projects for the Public Safety Building within the last ten years will not be considered for this feasibility study. 1 AGENDA ITEM# 10D SEPTEMBER 9,2013 III. DRAFT SCOPE OF WORK The City desires a consultant to examine new construction and renovation options for a modern police facility that eliminates current inadequacies. Since a police building should be designed for the purpose of supporting and facilitating police operations for the present and future,the needs assessment coupled with the community requirements should provide a framework for the size and type of facility needed to support optimum police operations. The Consultant selected to perform this work shall be responsible for providing all architectural, engineering and consulting services necessary for completing the feasibility study in accordance with federal, state and local building codes and regulations. The City reserves the right to retain the designer selected for this phase of the project to perform services for the final design,permitting and construction phases. The following is to be included in the analysis: 1. Space Needs Assessment A. Review Existing Facility ® Review of historical documents, including original design plans, 2005 Renovation Plans, 2011 new Construction Plans, 2012 Building Design Review Committee Proceeds and floodplain maps. ® Conduct physical survey of existing building and site to evaluate condition and potential for expansion. The building evaluation should take into consideration, but is not limited to, accessibility and public/police accommodation. The site evaluation should take into consideration impacts related to existing parking, landscaping (trees), flood plain and campus architecture. ® The overall evaluation is to determine what the capabilities and limitations of the existing site/building are; whether the spatial needs assessment can be met on this site in a one or two story design; and what would be the future expansion capabilities of that building. ® Can the existing building be renovated and brought within current building codes (including meeting FEMA requirements within the 500 year floodplain) and can the department continue to operate out of the existing building and/or phased expansions while it is being expanded and renovated? ® Depending on answers to above item, develop a phased plan for expansion of the existing facility. Plan should include cost of moves and temporary facilities if necessary to maintain daily operations of Police and Emergency Communications. ® Compare functional area existing square footages with standards of police facilities built today, taking into account the size of the police force and the community. B. Review Existing Workload and Demands Review all available data, including but not limited to: 2 AGENDA ITEM# I OD SEPTEMBER 9,2013 • Number of Calls-for-Service • Number of complaints • Number of crimes committed • Number of investigations • Number of evidence collected/destroyed C. Analysis of Citizen and Community Policing Needs Analysis begins with the present day needs, projected increase in volume of demands and anticipated developments in the community police operations from the present day to 20 years hence. • Determine if police building needs to be a critical facility • Define services requested from police • Population growth • Personnel staffing considerations • Contiguous community collaboration possibilities • Policy changes that cut workload needs • Community Policing philosophy impacts Analysis, assumptions, projections, and forecasts are to be consistent with National Accreditation Standards for Police Facilities. 2. Space Planning A. Building functional areas to be included in this study • Main entrance and reception area • Communication and dispatch area • Interview rooms • Detective interrogation rooms • Police Chief offices • Staff—administrative offices • Records room • Evidence room • Equipment storage area • Forensic processing area • Prison SallyPort • Lunch break room • Roll call room, meetings • Cell blocks, male, female,juvenile • Training room, seminars, in-house training • Conference room • Janitorial room 3 AGENDA ITEM# l OD SEPTEMBER 9,2013 e Male & female locker rooms, showers, toilets • Armory B.All functional areas are to include security of the most advanced (yet affordable) variety, including but not limited to video, audio, security glass, master locks, card and recognition access. Of prime importance is the proximity of certain functional areas to each other to effect the most efficient and user friendly layout(s). 3. Hierarchy of Needs With Cost Consideration A. With an understanding of Atlantic Beach's needs gained through the Space Needs Assessment above,the Consultant shall provide a hierarchy of the functional areas together with a justification for placement within the building size affordable with the City's budgeted spending cap of $2,700,000. 4. Present final plan at a Public Meeting of the City Commission with cost estimates and any non-cost considerations. *NOTE:The Following Items are to be included in the RFP in the standard format as noted in the attached images: PREPARATION OF SUBMISSIONS QUESTIONS CONSULTANTS REQUIREMENTS AND SELECTIONS RANKING CRITERIA INDEMNIFICATION REQUIREMENT INSURANCE REQUIREMENTS ANTI-COLLUSION REQUIREMENT PUBLIC ENTITY CRIME REQUIREMENTS IV.PREPARATION OF SUBMISSIONS: A. Firms submitting a response to this request will be referred to herein as "Respondent(s)",who are preparing a response to this request and are expected to examine this request including all relevant forms,terms,conditions,and instructions.All costs associated with preparation and submission of the proposal(s)and any other information shall be borne entirely by the Respondent(s). B. Submissions and modifications thereof shall be enclosed in sealed envelopes,with the required forms,addressed to the person specified in the invitation,with the name and address of the Respondent and the RFP number on the face of the envelope. Submissions received after the stated time and date will be returned to the sender unopened. C. The City of Atlantic Beach reserves the right to declare any Respondent ineligible at any time during the process where developments arise which adversely affect the Respondent's responsibility. D. Information on the preliminary study and site selection is available in digital format upon request. 4 AGENDA ITEM 4 1017 SEPTEMBER 9,2013 A[tiiNiIA ri'I M N HG MAY 11.7011 QUESTIONS: Any Respondent who is in doubt as to the true meaning of any parr of'the solicitation documents,or finds n discrepancy or omission therein,may contact Building and Zoning Directior Michael Griffin,forutl interpretation or correction: Michael(iiiflin,Building and Z.oning Direettor 800 Seminole Road Atlantic Beach,11 3223:1 (904)247-5813 Office s ir'7 ill n + i6 .r Only interpretation,instructions or correetinn(s)given,in writing,by Building and 'hinting UlreetorN'iiehitel Griffin,will be hiiniia11,. Respondents tare hereby notified that no other source is nutlloiw.ed to give iiitbrniidimari concerning explaining;and/or interpreting at V. CONS[1LTANT(S)REQUIREMENTS ANi)SELitCTION PROCESS: A. Sele lkmt Prneesn:Consultant selection shall be in iiceordance with this request for proposals. The evaluation process Shan determine qualifications,interest,and availability of Respondents to provide relevant A& E services. City staff will first review all written responses,which will result in a ranked list(Mildly qualified respondents, After ranking is completed by staff,iii/urmall interviews antllor presentations may be conducted of selected respondents determined to be best qualified based upon the evaluation ot'the written responses. The determinations shall be based upon the otiteria below. method orRuithitig: During the review ofwritten n.zspotlses,each criterion below will be ranked on a scale ol`vero(0)through tell(10). In addition,each criterion has been assigned a percentage value that weights the criterion's significance In the project es noted below. B. Written propesol/gmalifiealions package eequlrcmciita Resprnidents are to adhere to the requirements shown below. Failure to do so may result in rejection of proposal as noit-responsive. at, 1k concise and to the point. h. Provide adequate infornlaition on each criterion below. c. Provide the ranking criteria information below in the order shown d. Public I{iitiity Cringes Statement e, Drug-Free Workplace Statement f. W-9 3 5 AGENDA ITEM# 10D SEPTEMBER 9,2013 AGENDA ITEM N 80 MAY 13,2013 C. RANKING CRITERIA: Firms responding to this Request for Proposals must include detailed information concerning the following criteria for selection: a. Firm's Professional Qualifications and Project Team[30%]: List consultant team members,including detailed resumes and professional licenses/certifications. Give brief bullets on education,training and experience for project personnel. Designate the Project Manager and provide full contact information.Experience with design and construction of Public Safety Facilities or other Critical Facilities by project team members should be included. b. Past record of professional accomplishments[25%]: Provide a list of recently(within past five years)completed projects similar to the project under consideration with brief description. Provide reference letters and a list of other agencies,governments or companies for which similar services have been provided. Include owners' contact person,email address,FAX number and telephone number,and type of projects completed. Note which of the Project Team members proposed for this RFP were involved in each past project and in what capacity. c. Project approach[25%]: Describe the firm's specific proposed approach to providing professional Architectural and Engineering services for the requested study of the public safety building. d. Staff Availability and Capability to Meet Deadlines[10%]: Current and projected workload for the project team,which indicates the availability of staff to complete assigned projects in a timely manner,will be considered. Respondents will provide a schedule,for completing the project showing major milestones and ability to meet the project deadlines. e. Financial Responsibility and Insurance[5%]: The form of business of the prime consultant,i.e.,proprietorship,partnership, corporation;years in business;changes in ownership;bank reference;and any other information the applicant may wish to supply to verify financial responsibility. Include the most recent audit summary or sufficient evidence from an outside,professional source verifying the financial stability of the firm,and current certificate of insurance. Financial information may be packaged in a separate sealed envelope if desired. f. Proximity[5%]: Location of the consultant's home office(corporate headquarters)and location of the local office where the project(s)will be produced. 4 6 AGENDA ITEM# 10D SEPTEMBER 9,2013 AGENDA ITEM#80 MAY 13,2013 PROPOSAL IS NOT A BID: This request for proposals/qualifications is not to be considered a BID. The City of Atlantic Beach Staff(Building and Zoning Director,Public Works Director and Utility Director)will evaluate proposals based on the criteria set forth in this RFP. The evaluation process will consider only the requested weighted criteria to determine which firm(s)are the most highly qualified to perform the required services.The City reserves the right to reject any and all proposals,waive informalities and technicalities,and make award to the firm whose proposal best serves the interest of the City,not just based on highest score/rank. Also,the City reserves the right to make such investigation as deemed necessary to determine the ability of any proposer to perform the services requested. III.INDEMNIFICATION REQUIREMENT: The City shall require the following or similar indemnification paragraphs to be made part of the contract(s)as entered into with the successful proposer(s). The City shall be held harmless against all claims for bodily injury,sickness,disease,death or personal injury or damage to property or loss of use resulting there from arising out of performance of the agreement or contract,unless such claims are a result of the City's own negligence. The City shall also be held harmless against all claims for financial loss with respect to the provision of or failure to provide professional or other services resulting in professional,malpractice,or errors or omissions liability arising out of performance of the agreement or contract,unless such claims are a result of the City's own negligence. IV.INSURANCE REQUIREMENTS: The consultant shall procure and maintain during the term of the contract,insurance of the types and in the minimum amounts stated below. Coverages Schedule Minimums A. Workers'Compensation Florida $100,000—each accident Statutory Coverage and Employer's $100,000—each employee Liability(including Appropriate $500,000—policy limit for disease Federal Acts) B. Comprehensive General Liability $1,000,000—bodily injury each occurrence $1,000,000—bodily injury aggregate $1,000,000—property damage each occurrence $1,000,000—property damage aggregate C. Products—Completed Operations $1,000,000-aggregate D. Business Auto Liability Same as Comprehensive General Liability (All autos—owned, hired or used) E. Professional Liability Same as Comprehensive General Liability F. Excess or Umbrella Liability Optional Insurance shall be written by an insurer holding a current certificate of authority pursuant to Chapter 624,Florida Statutes. Prior to commencing any work on the continuing contract, certificates of insurance,approved by the City,evidencing the maintenance of said insurance shall be furnished to the City's construction project manager. The certificates shall provide that 5 • 7 AGENDA ITEM# 10D SEPTEMBER 9,2013 AGENDA ITEM#8G MAY 13,2013 no material alteration or cancellation,including expiration and non-renewal,shall be effective until fifteen(15)days after receipt of written notice by the City. All coverages shall name the City as"additional insured."Receipt of certificates or other documents of insurance or policies or copies of policies by the City,or by any of its representatives,which indicate less coverage than required will not constitute a waiver of the successful proposer(s)'obligation to fulfill the insurance requirements herein. V. ANTI-COLLUSION REQUIREMENT: Under no circumstances shall any prospective proposer,or any person or persons acting for or on behalf of any said prospective proposer,seek to influence or gain the support of any member of the City Commission or the City Staff favorable to the interest of any prospective proposer or seek to influence or gain the support of any member of the City Commission or City Staff against the interest of any prospective proposer. Any such activities shall result in the exclusion of the prospective proposer from consideration by the City. VI.PUBLIC ENTITY CRIMES REQUIREMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid or a proposal on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity,and may not transact business with any public entity in excess of the threshold amount provided in SECTION 287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.(Section 287.133(2)(a), Florida Statutes. Note: In no case will the City pay a total overhead rate that exceeds 150 percent of direct labor. Profit rate shall be applied only to direct labor plus overhead and shall not exceed 10 percent. No mark-up or profit shall be paid on non-labor related job costs, reimbursable costs or on services provided by subcontractors. Prior to negotiation,the selected consultant will be required to provide proposed total compensation and detailing employee hours needed for each activity,number of sheets required for drawings,proposed survey and all other costs associated with the project. 6 8