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Agenda Packet 10-14-13
CITY OF ATLANTIC BEACH CITY COMMISSION MEETING October 14, 2013 - 6:30 PM AGENDA Call to order Invocation and pledge to the flag 1. A. Approve the minutes of the Regular Commission Meeting of September 9, 2013. B. Approve the minutes of the Budget Workshop for August 6, 2013. C. Approve the minutes of the Budget Workshop for August 13, 2013. D. Approve the minutes of the Special Called (Shade) Meeting of August 26, 2013. E. Approve the minutes of the Special Called Commission Meeting of August 26, 2013. F. Approve the minutes of the Commission Workshop of August 26, 2013. G Approve the minutes of the Special Workshop of September 10, 2013. 2. Courtesy of Floor to Visitors A. Proclamation Declaring November 2013 Pancreatic Cancer Awareness Month in the City of Atlantic Beach. 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 August. B. Authorize the City Manager to sign the contract with Atlantic Beach Experimental Theater (ABET). C. Award the contract for Concrete Repairs for the Public Works/Utilities Department to DP Contracting Inc. for one year with a two 1 year renewals starting October 15, 2013. D Award a contract to in the amount of $ for construction of the Reclaimed Water Facilities, Bid No. 1213 -11. In addition, authorize staff to encumber $ as a contingency. The Notice to Proceed for construction of Reclaimed Water Facilities, Bid No. 1213 -11 shall become effective on the date that Atlantic Beach Partners and Atlantic Beach Country Club achieve final closing on the property sale between the two parties. However, in order to meet the deadline to provide water to the golf course, the reuse pump must be purchased immediately due to delivery time for the pump. Staff recommends that the Commission award the contract and allow immediate purchase of the pump only, with no further construction until the date of the final closing noted above. (Note: Will be amended by Monday, 9/23/13.) E. Acknowledge receipt of the FY 2012 -13 - Summary of Utility Accounts Written Off. 5. Committee Reports None. 1 6. Action on Resolutions None. 7. Action on Ordinances A. 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 on UBEX -13- 00100065, Tier One Construction, request for use -by- exception as permitted by Section 24- 111(c)(6), to allow a contractor, not requiring outside storage, to be located on a property within the Commercial General (CG) zoning district at 33 West 6111 Street. (City Manager) B. Approval of Master Agreement/Recreation & Greenspace Easement with The Atlantic Beach Country Club, Inc. and Atlantic Beach Partners LLC. (City Manager) C. Proposed Rates for Sale of Reuse Water to Customers. (City Manager) D. Professional Engineering Services for Power Systems and Arc Flash Studies for Water Treatment Plant Nos. 1 — 4, RFP #13 -03. (City Manager) E. Report on Interactive Voice Response (IVR) Option. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney A. Report on Boil Water Notice (Commissioner Mark) B. Discussion and Recommendations for the Process and Procedure of Commission Evaluation of City Manager /City Clerk/City Attorney. (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 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, October 11, 2013. 2 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 September 9, 2013 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna Bartle Recording Secretary Nancy E. Bailey Call to Order/Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Commissioner Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approve the minutes of the Regular Commission Meeting of August 12, 2013. Approve the minutes of the Special Workshop of July 22, 2013. Approve the minutes of the Special Called Commission Meeting of July 22, 2013. Approve the minutes of the Commission Workshop of July 22, 2013. Approve the minutes of the Budget Workshop for August 1, 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 Floor to Visitors Item 8F was taken out of sequence and acted on at this time. 8F. Briefing by Fleet Landing representatives on proposed resolution authorizing financing. Josh Ashby, 1 Fleet Landing Blvd., asked for the City's consideration for issuing Health Care Facility Revenue Bonds to Fleet Landing. He explained this 2013 B issue will provide up to $20,000,000 to enhance the Fleet Landing campus and reposition their health care continuum. He showed an illustration of the site map of a portion of Fleet Landing property where they will be moving the Facility Operations area, giving an overview of the project the bonds will be used for. Chauncey Lever, Foley and Lardner, Bond Counsel for Fleet Landing, stated the proposed documentation is very similar to and based upon the documentation the City approved earlier this year in connection with the 2013 A bonds. He stated these have the same structure, security, documentation, and indemnifications of the City for all costs and expenses, liabilities in connection with the proposed financing. He stated the proposed resolution that will come before the Commission at the September 23 meeting would approve a form of indenture trust, loan agreement, bond purchase agreement and preliminary official statement. Peter Dame, Akerman Senterfitt, Bond Counsel for the City, stated the transaction documents are very much the same as the ones done earlier in the year. He stated the City's liability is limited; the only obligation the City has on these bonds is to pass through the payments that Fleet Landing makes on to the bond holders. He stated the City has no obligation to use its own revenues or taxing power or assets to repay September 9, 2013 REGULAR COMMISSION MEETING Page 2 these bonds. He stated these are economic development transactions; the City is helping the local business with its business but is not putting the City's assets at risk. He answered questions from the Commission. He assured the Commission that in no circumstance would the City be responsible for repayment of the bonds. Item 8A was taken out of sequence and acted on at this time. 8A. 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. Mayor Borno explained that this item was listed as a Public Hearing but it is not a public hearing, it is just an appeal on a Community Development Board decision. City Attorney Jensen explained this is a quasi judicial hearing on an appeal from the Community Development Board's decision denying a variance. He stated the Commission's review on the appeal is limited to the record that was presented to the Community Development Board. He stated no new evidence can be submitted tonight. He stated it is the Commission's decision to uphold their decision or to reverse their decision because of the appeal. He stated both sides are limited to the presentations as to what was previously submitted to the Community Development Board. Kirk Hansen, 2393 Ocean Breeze Court, Chairman of the Community Development Board, explained the case as presented to the Board. He stated there are 6 criteria the Board goes through and if the request for variance meets one of those six criteria they will grant the request. He stated the Board voted 5 -1 not to grant the variance due to it not meeting the 6 criteria. Jeremiah Mulligan, of Rumrell, Bate, McLeod and Brock, 24 Cathedral Place, Suite 504, St. Augustine, attorney representing the Bernsteins in their appeal, presented their case for the appeal. He explained his clients' position, stating in February they made application for a fence permit and were denied due to it not meeting the strict compliance of the ordinance criteria. He stated they went back and talked to their contractor and after speaking with Erika Hall, Ms. Hall agreed to issue a permit but told them that if somebody does complain they might have a problem and have to file a variance. He stated the problem here is the record is pretty clear, there was a permit granted with no conditions and his client built a fence. He stated she relied on the permit as issued by the City, which is the basis that this decision needs to be appealed. He further stated the evidence as submitted certainly substantiates the grounds for the variance. Referencing the minutes from the Community Development Board meeting, he stated there were findings made by the Board that have no basis in evidence that was actually submitted before the Community Development Board which, in of itself, is a grounds for appeal /reversal. He stated the Board didn't follow the ordinances and didn't allow the evidence that was submitted to be reviewed in an objective way and came to a conclusion that wasn't based on the evidence that was submitted. He stated, as such, it is his opinion that they have used their discretion and he asked that the Commission grant the appeal and allow the variance to stay. Mr. Mulligan answered questions from the Commission. Discussion ensued. Commissioner Beckenbach asked, if the Code was sent to the contractor, would that not be considered part of the permit. City Attorney Jensen stated at the bottom of the permit it states that the permit is approved only in accordance with all City of Atlantic Beach Ordinances and the Florida Building Codes. Mr. Mulligan stated it says 6 ft. fence, it doesn't say 6 ft. fence at property line, so that is where the issue can get a little bit muddy. He stated if you look at the actual site plan that was approved it shows the fence on the property line but doesn't say whether it is a 4 ft. fence or a 6 ft. fence. September 9, 2013 REGULAR COMMISSION MEETING Page 3 Redevelopment and Zoning Coordinator Jeremy Hubsch explained related to the neighboring fences, nonconforming fences cannot be replaced with nonconforming fences so any existing fences that are there that are along the property line are basically grandfathered in. He stated, however, when that fence dies it cannot be replaced with a like fence. He stated in five or ten years those 6 ft. fences on the property line may not be there anymore. He stated there is a house catty- cornered to this one that got a permit in 2013 and it is set back 10 ft. Mr. Mulligan objected to the additional testimony stating it is outside what occurred and what Ms. Hall and everybody else could have offered previously so he asked that Jeremy's testimony be stricken from the record. Kirk Hansen further explained the purpose of the ordinance is to ensure site lines at intersections and if you build on the setbacks and it blocks the line of site at intersections then you have to move the setbacks and make them more demanding; it doesn't mean that if the setbacks, as defined by the City Code, don't block the intersection that you can build with disregard to the setbacks. He stated where the attorney is using that as his argument, with all due respect, he believes he has it backwards as far as the meaning of the Code. Discussion ensued. Kirk Hansen answered questions from the Commission. Mayor Borno read the motion from the Community Development Board's meeting minutes of September 9, 2013. Commissioner Mark pointed out that Mr. Hubsch's comments about the existing 6 ft. fences in the neighborhood is germane to this because the comments from the neighbors stated there were 6 ft. fences in the neighborhood as well as his comment that they were grandfathered in. Mayor Borno agreed that is not new testimony and is reflected in the record. Discussion ensued. Mr. Mulligan stated if you track the history of the ordinances, they used to be more restrictive. He stated that a 6 ft. fence was something that was permitted under a previous ordinance isn't consistent with a stricter ordinance from 10 -15 years ago. He stated he believes there is testimony that there are fences that are newer than 10 years old down there. He stated all his clients want is the fence that has been there now for months to remain for the reasons they stated in the meeting. He stated while he appreciates the idea that these are grandfathered in, the idea that the ordinances were stricter in the past is just inconsistent with that. Mr. Bernstein asked if he could speak. Mr. Jensen stated they had a representative speak for them. He stated if you have an appeal in front of the appeals court your attorney goes up and makes the argument; they don't say does the plaintiff or the defendant want to say anything to the court. He stated their legal representative speaks; you are in a quasi judicial proceeding. Mr. Mulligan stated he understood that point. He stated the one issue they have is that the Community Development Board did have somebody come up and testify and he believes they do have counsel that assists them so they probably should have been represented here by counsel as well. He also pointed out that the Commission was hearing from other people in the audience that were chiming in during this hearing, which he believes there is a little inequity there if his client is not allowed to try to address and offer his perspective. Mr. Jensen stated the only one who chimed in was the City's Planning Director because Erika Hall is no longer with us and Mike Griffin is temporarily out. Mr. Mulligan stated he understands that but this is an appeal from the Community Development Board and to have the additional evidence being submitted seems inequitable if his client is not also able to come up. Mr. Jensen stated this Commission understands that it can only consider evidence that was presented at the Community Development Board. September 9, 2013 REGULAR COMMISSION MEETING Page 4 Commissioner Woods stated she is in an unusual position to have lived not only in this neighborhood, off this street, and understands the traffic patterns there and also lives on a beach access and she believes there are extenuating circumstances to this street, which is why she is in favor of granting this variance. Motion: Uphold the Community Development Board decision not to allow a six foot high fence to be placed within 10 feet of a side yard property line which abuts a public right -of -way. Moved by Mark, Seconded by Beckenbach City Attorney Jensen asked that the Commissioners disclose at this time any ex parte communications prior to this meeting tonight. Commissioner Woods stated she spoke with Karen Bernstein, but does not know if it was before or after the appeal was filed. Commissioner Mark stated she spoke with Mr. Bernstein on the phone, stating she believes he was thinking about appealing it but had not appealed it yet. Commissioner Beckenbach stated he spoke to Mr. Bernstein but believes it was prior to the appeal. Roll Call Votes: Aye: 3 — Mark, Beckenbach, Borno Nay: 2 - Daugherty, Woods MOTION CARRIED Mayor Borno opened the Courtesy of the Floor to Visitors. Mayor Borno welcomed the audience and explained the process for public comments. Mitch Reeves, 1663 Sea Oats Drive, speaking as the Ferry Task Force Chairman, gave an update on the ferry, stating they met before the budget committee and the funding of $450,000 for an additional year was passed. He stated he was told by Senator Thatcher that the State has about $20,000,000 of spare money that may come back to the citizens so maybe they can tag some of that. He stated the vote for the $450,000 will come before the whole Jacksonville City Council on September 24 and asked that the citizens show up and give their support to the ferry. He reported that on Saturday, September 14, there will be training for new ambassadors for the ferry at the Mayport Community Center. He also commended the Commission on supporting the Code Enforcement because that is part of the quality of life. He reminded them that when they vote on any ordinance for the City to vote on it with the intention that they are going to enforce it, not use selective enforcement, because that can end up being a personal issue. He thanked the Commission for what they do for the City. Elizabeth Neville, 1060 Seminole Road, addressed item 10C, commending the Code Enforcement Board. She stated she has not seen too many of the Commission attend the Board meetings but if they attended them they would be very proud of what they were watching. She stated these are people who are not paid, they are devoted, focused, concerned, are good listeners to what the problem is, and ask appropriate questions. She asked that they attend the Code Enforcement Board meeting tomorrow night. She further stated they love when the Commission speaks into the microphone. September 9, 2013 REGULAR COMMISSION MEETING Page 5 Mark Tomaski, 448 Snapping Turtle Court W., stated he is happy to see the camera in place and hopes at some point they will get a three - camera (system). Veda Harless, 680 Sailfish Drive, thanked Ms. Neville for her kind words about the Code Enforcement Board and invited the Commission to come to the Code Board meeting tomorrow night. She stated she is the Chair of the Code Enforcement Board and they have a really good board. She stated she would love to see it continue as a Board and not a magistrate. No one else from the audience spoke so Mayor Borno closed the. Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report. None. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the 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. Mayor Borno read the Consent Agenda. Commissioner Daugherty pulled item 4B. Motion: Approve Consent Agenda Items A, C -H as read. Moved by Beckenbach, Seconded by Mark September 9, 2013 REGULAR COMMISSION MEETING Page 6 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Daugherty gave a hats off to Chief Classey and the Police Department for keeping these numbers very low. He asked that they have a five -year timeline in future reports to get a better view of the trends happening in the City. Motion: Approve Consent Agenda Item B 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. Public Hearing on adopting a Tentative Millage Rate and adopting Ordinance No. 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. Mayor Borno read Ordinance No. 20 -13 -125 by title. He stated the first item to be considered was Adoption of a Tentative Millage Rate. He stated the Millage Rate is 3.3285; the Tentative Millage Rate is 3.3285; the Roll —Back Rate is 3.3156 and the Tentative Millage Rate is 0.39% more than the roll back rate. He stated 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: Adopt a Tentative Millage Rate for operating purposes of 3.3285. Moved by Daugherty, Seconded by Mark Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Roll Call Votes: Aye: 5 — Woods, Beckenbach, Daugherty, Mark, Borno Nay: 0 MOTION CARRIED September 9, 2013 REGULAR COMMISSION MEETING Page 7 Mayor Borno stated the second item to be considered is Ordinance No. 20 -13 -125 establishing the Operating Budget for fiscal year 2013/2014 of $29,482,771. Motion: Adopt Ordinance No. 20 -13 -125 establishing the Operating Budget for fiscal year 2013/2014. Moved by Mark, Seconded by Daugherty Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Commissioner Daugherty addressed the item for $40,350 for the detective offsite offices and stated he wanted to amend the motion to remove that line item. Motion: Amend to remove the $40,350 line item. Moved by Daugherty, Seconded by Beckenbach Commissioner Mark stated at the budget workshop they agreed to put this money in as a place holder and then depending on further investigation from Chief Classey regarding renting space, etc. then they would move forward on it at that time. Discussion ensued. Commissioner Mark called the question. Votes: Aye: 2 — Mark, Borno Nay: 3 - Woods, Beckenbach, Daugherty MOTION FAILED Further discussion ensued related to the $40K for a space for the police detectives. Commissioner Woods asked to have a workshop, including the newly elected Commissioner, related to the Police Building. Discussion ensued. Mayor Borno called for a vote on the amended motion. City Clerk Bartle asked if she should call the roll. Mayor Borno stated yes. Roll Call Votes: Aye: 1— Beckenbach Nay: 4 - Daugherty, Mark, Woods, Borno MOTION FAILED Mayor Borno called for the vote to approve the motion to adopt the Ordinance and asked the City Clerk to call the roll. Roll Call Votes: Aye: 5 — Daugherty, Mark, Woods, Beckenbach, Borno Nay: 0 MOTION CARRIED September 9, 2013 REGULAR COMMISSION MEETING Page 8 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. Mayor Borno read Ordinance No. 75 -13 -19 by title. Motion: Approve Ordinance No. 75 -13 -19 as read. Moved by Mark, Seconded by Beckenbach Mayor Borno explained this is to amend the parking regulation to provide better enforcement powers for parking in the right -of -way. He stated this is not specific to Sherry Drive, etc., it is any right -of -way. Commissioner Woods stated if this is any right -of -way and not just the arterials, she cannot see how this would work on the street she lives on. She stated more than half the houses have cars parked in front of them every night. She stated she does not see how this is going to work; she thought this was for arterial streets. Mr. Hanson explained he did not believe it was intended to prohibit parking on the streets where parking is not prohibited. He stated the intent was parking on the grass on the City right -of -way. Chief Classey explained this has no impact on where parking on the street is permitted or not permitted but it does apply to every City right -of -way on every street in the City. Commissioner Beckenbach stated he has been riding around to see the different areas that would be affected. He stated there are a lot of people who have taken the right -of -way and put bricks, stone, etc. on the right -of- way and asked how they are going to work with that. Discussion ensued about limiting this to arterial streets only. Mayor Borno asked the City Attorney if they named the arterial streets in this is that a substantial change. Mr. Jensen stated it is their decision whether that is a substantial change but his opinion is that it would be. He stated what they were presented tonight was what they asked for, a method for the Chief to be able to enforce parking on the right -of -way. He stated if they want something different they need to let them know so they can prepare it. Motion: Bring this back at the next workshop for further discussion in order to make a recommendation to the staff on which way to move. Moved by Beckenbach, Seconded by Woods Discussion ensued. Mr. Hanson agreed with Commissioner Beckenbach's suggestion but, in addition, give staff a chance to rewrite this to comply with what they believe they have heard from them tonight so by the next workshop they will have a rewrite and they can go ahead with a first reading at the October 14 meeting. City Attorney Jensen asked that the Commission clarify what they want and they will prepare it. He stated they have a motion and a second on the floor to pass the ordinance on first reading and another motion to take it to workshop. Discussion ensued. September 9, 2013 REGULAR COMMISSION MEETING Page 9 Mayor Borno stated they have a motion to go to workshop which needs to be cleared and he would suggest they withdraw the motion and second, get away from the workshop, give direction, not pass this tonight, get a new rewrite and start from scratch at the workshop. Commissioner Beckenbach withdrew his motion, Commissioner Woods withdrew her second. Mayor Borno suggested they defer and come back with a total rewrite and address arterial streets right -of- way. Mr. Jensen stated they have a motion and a second on the floor to pass the ordinance. Commissioner Mark withdrew her motion, Commissioner Beckenbach withdrew his second. 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. This item was taken out of sequence and acted on earlier in the meeting. 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. The Request for Waiver was withdrawn. C. Agreement with St. Johns River Water Management District for Construction of Reclaimed Water Facilities. Mr. Hanson stated as presented at the workshop this is a grant that Donna Kaluzniak worked hard to get and he recommends the Commission signing off on it. Motion: Authorize the City Manager to sign the St. Johns River Water Management District Cost Share Agreement for the Reclaimed Water Facilities. Moved by Woods, Seconded by Mark Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED D. Renewal of City Property and Casual Insurance. Mr. Hanson stated this was reviewed at the workshop and introduced Mr. Woleshin with Harden and Associates if anyone had questions. Shaun Woleshin of Harden & Associates, 501 Riverside Avenue, gave a short overview stating they recommended moving Workers Comp to a new carrier, FMIT, and moving forward as outlined. September 9, 2013 REGULAR COMMISSION MEETING Page 10 Motion: Approve renewal of insurance, effective October 1, 2013 through September 30, 2014 and authorize City Manager to sign related insurance renewal documents. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED E. Proposed Ordinance for Florida Friendly Fertilizer Use. Mr. Hanson stated it was outlined at the last meeting that the City needs to have such an ordinance by virtue of our State issued stormwater permit. He stated they don't have an ordinance ready to present to the Commission yet but can get one ready. Motion: Direct staff to bring a proposed ordinance back for first reading. Moved by Woods, Seconded by Mark Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED F. Briefing by Fleet Landing representatives on proposed resolution authorizing financing. This item was taken out of sequence and acted on earlier in the meeting. 9. City Manager A. City Manager's Report. Mr. Hanson reported the Police PBA voted to ratify the union contract last week and it will be on the agenda for the Special Meeting on September 23 for approval so it can be done prior to the beginning of the fiscal year and they can get the raises that were put in the budget for them. He stated the Public Works Union has not consented to a vote yet and do not have another meeting set with the City yet. He reminded the Commission of the workshop tomorrow at 3:00 p.m. to discuss the Master Agreement and Conservation Easement for the Country Club. He stated he sent the final documents to the Commission today. He explained the reasoning behind the meeting date. He stated the developer still wants to begin construction as early as November 1 which relates to the growing period for the grass for the golf course. He commented on the remark made regarding selective enforcement on fences, stating they do the best they can with one Code Enforcement Officer. He stated he would not be surprised if some people have illegally built fences over the past years since the current regulations were in place dealing with the size of a fence on the right -of -way line. He asked Donna Kaluzniak to report on a boil water notice issued today. Ms. Kaluzniak explained the boil water notice was caused by one of the wells testing positive for E. coli bacteria, which is very unusual and probably highly unlikely. She stated because it tested positive they have to issue a boil water notice. She September 9, 2013 REGULAR COMMISSION MEETING Page 11 stated the water from the well goes through the treatment plan and is disinfected at the treatment plant. She stated they were running tests on the distribution system at the same time and those tests of the water in the pipes to the houses came out fine. She stated they are running additional tests and have shut down the plant. She stated if those tests come back clear she believes DEP will let them lift the boil water notice. She stated it usually takes a couple of days for the tests results to come out. She stated she has notified the newspaper in accordance with DEP regulations. She reiterated they are retesting, keeping the plant off line until they get clearance, have done notification to First Coast News and the paper. She stated she did not do a reverse 911 due to the length of the notice as required by DEP. Commissioner Mark asked who has to boil water. Ms. Kaluzniak stated that it includes everybody, it is system wide. She further explained the test result came back on the 4th but they did not get the notification until today (September 9). She stated the project manager at the lab was out of town and the person in charge sent an email but to the wrong address, then he left a voice mail. She stated it was very poor notification as far as we are concerned and have notified them about that. She stated there is always going to be a lag time because it takes two days for the test to run. She stated DEP requires us to put out this notice within 24 hours of us getting notified so as soon as they got the word they called DEP to see what they needed to do. Commissioner Daugherty asked her to clarify that she did state that the water was tested again at the tap point and that test came out negative. Ms. Kaluzniak stated the water was tested in the distribution system and those tests were negative. She repeated that the well water does goes through the treatment process and it is disinfected so it should have taken care of any bacteria but as a precaution because we did have E. coli hit in the well we do have to put out a notice. She stated they retested it today, they are at the lab right now and hopefully will get results back very quickly. 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 withdrew this item. B. Board Member Review Committee Recommendations for Appointments to the Code Enforcement Board. Commissioner Daugherty reported on the Board Member Review Committee's recommendations to fill the vacancies on the Code Enforcement Board. Motion: Appoint John Stinson to serve as a regular member on the Code Enforcement Board with his term beginning October 1, 2013. Moved by Daugherty, Seconded by Borno Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED Motion: Reappoint Meade Coplan to serve as a regular member on the Code Enforcement Board with her term beginning October 1, 2013. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED September 9, 2013 REGULAR COMMISSION MEETING Page 12 Motion: Appoint Louis Keith as a regular member and Richard Lombardi as the alternate member to serve on the Code Enforcement Board with their terms beginning October 1, 2013. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED C. Reconsideration of Ordinance 5 -13 -30 to dissolve the Code Enforcement Board and authorize creation of one or more special magistrates. Commissioner Daugherty withdrew this item. D. Continued Discussion as to the Potential Renovation and Additions to the Present COAB Police Station. Commissioner Beckenbach withdrew this item. E. Explanation as to which recommendations from Marc Hudson are being considered for the Conservation Easement for Selva Marina Country Club. Commissioner Woods moved to postpone until after the workshop tomorrow. Commissioner Beckenbach agreed, as he had put this item on the agenda. Commissioner Beckenbach • Stated he was asked by a number of people regarding having the Selva Marina meeting at 3:00. He stated there was some concern from citizens who would have liked to have attended that but they all work. He recommended that the videotape of workshop be put on THE web. • He also stated he wanted to have a town hall meeting at Adele Grage to explain what transpired at the workshop. He asked if he could reserve that location sometime next week. Mayor Borno stated the workshop will be pretty extensive tomorrow and that may help considerably. Commissioner Beckenbach stated that might alleviate the whole problem. Commissioner Woods stated the IT Director indicated the video of tomorrow's workshop will be available on line. Mr. Hanson stated they were also going to use that recording to experiment with the sound system; the sound system works better at the dais than it does down on the floor, which is the format for that meeting. He stated he has no objection to it being put on the web but they have not yet experimented with it to see if it is going to work properly. He stated they have put in the budget for better microphones in this room but the budget is not adopted and we don't have them yet. He further explained why the timing was set for 3:00 for the workshop was because this room is being used at 6:00 for the Code Board. Commissioner Beckenbach stated if it is difficult to have a town hall meeting at Adele Grage it is fine if it is in the Chamber. Mayor Borno stated he could work that out with the City Clerk's office. Commissioner Beckenbach stated he would do that. City Clerk Bartle • Stated she will be off next week. Commissioner Woods stated they could have someone take minutes for her. Ms. Bartle stated, yes, one of them could do that. September 9, 2013 REGULAR COMMISSION MEETING Page 13 Commissioner Daugherty • Stated he also would like to set a workshop for the Police Building for this month and invite the newly elected Commissioner. Mayor Borno asked staff to schedule a workshop. • Stated he is still against expending the money for the Police Detectives offsite facility. He stated he is very encouraged by the discussion tonight regarding the police building. • Announced it is his birthday today and his biggest birthday present was that the ground broke on Rose Park with completion expected in early November. • Introduced his father who was in the audience. Commissioner Mark • Wished Commissioner Daugherty a Happy Birthday. • Regarding the emails that they are trying to ramrod the Selva deal through, that is the farthest thing from the truth. She stated everyone has been working diligently to get this done by the timeframe that they, as a Commission, set. She stated Selva has been an issue for two years and the Club has been able to come up with a viable solution that works for the community. She stated she does not know how much more transparent they can be and she takes issue with some of the insinuations that they are trying to ramrod this deal through and are doing something that is not good for the community. She stated she would not be part of anything if it was a detriment to the community. • Stated she is glad they are going to do a workshop for the police station, but asked that they wait until October until the Selva issue is done. City Attorney Jensen • Reiterated the invitation for the Commission to attend the Code Enforcement Board meeting. Mayor Borno • Reminded everyone of the training for ambassadors for the ferry. He stated we have gained a tremendous amount of ground on the ferry and asked for everyone's support. • Commissioner Daugherty reminded everyone that Commissioner Mark is also working on MarshFest which will be held on November 16. Commissioner Mark stated they have plenty of volunteers, they just need people to come out and enjoy the day. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 9:11 p.m. Mike Borno ATTEST: Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk *A Workshop was held on August 26, 2013 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion. MINUTES OF THE BUDGET WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN COMMISSION CHAMBER, ON AUGUST 6, 2013 AT 5:00 PM. City Commission Members present: Mike Bomo, 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 Mike Griffin, Building and Zoning Director Jeremy Hubsch, Redevelopment and Zoning Coordinator Keith Randich, IT Director Donna L. Bartle, City Clerk The meeting was called to order at 5:02 p.m. by Mayor Borno. Mayor Borno explained the process. City Manager Hanson explained the agenda items to be discussed tonight. Utilities (Handout: Public Utilities Budget FY2014, which is attached and made part of this Official Record as Attachment A) Utility Director Donna Kaluzniak reported the Current FY Project Status for the Water Fund and Sewer Fund and explained the costs noting that $60,000 will need to be re- budgeted for the Arc Flash Studies for the Water Plant and $300,000 in additional funds are needed for pipe replacement to the Effluent Outfall. Ms. Kaluzniak gave an overview of the Public Utilities Operations and staffing. She explained the various types of Public Utilities Contractors and Consultants are Utility Contractor, Engineering and Survey, Electrical and Electronic, Environmental Laboratory, Pump, Motor, Generator Repair, SCADA and Security System, Welding and Fabrication, Landscape Maintenance and Janitorial. Ms. Kaluzniak reported on the Water Loss Reduction and the contributing factors. She referred to and explained the chart titled Meters Replaced vs. Water Loss. She explained the status of the Water Master Plan including continuing replacement of old and undersized water mains to address water quality and fire flow issues; installing one new well and rehabilitating one existing well at Water Plant #1; continuing elevated and ground storage tank maintenance; and reducing staff by one Distribution/Collection Operator in FY13 due to system improvements. She referred to and explained the chart titled Completed and Possible Remaining Water Main Replacements. Ms. Kaluzniak reported on the Water Master Plan Future Issues noting they are currently reviewing priorities to update the Master Plan. She indicated they will continue with well evaluation, rehabilitation and replacement as needed; will continue to replace aging and undersized water mains (most are complete), and replacement of asbestos concrete and cast -iron mains will be the last priority for water main replacement. Minutes — City Commission Budget Workshop August 6, 2013 Page 2 She explained the Water Capital Items in the proposed budget includes $440,000 to replace a 4" AC Water Main on Mayport Rd. near Wonderwood and add a connection under A1A between Mayport Landing and Mallard Cove Apts; $125,000 for Rehabilitation of Elevated Tank at Water Plant #2; and $100,000 for Rehabilitation of Ground Storage Tank at Water Plant #2. Ms. Kaluzniak explained the status of the Sewer Master Plan. She reported the TMDL project has been completed; they are meeting the nitrogen limits; the operational and electrical savings are exceeding expectations and the project will be featured at the City of Jacksonville Environmental Symposium in August. A lengthy discussion ensued regarding staffing. She further explained the status of the Sewer Master Plan reporting they did continue the sewer rehabilitation and started designing the effluent outfall repairs but decided to do a design of a pipe replacement instead. She referred to and explained the maps titled Sanitary Sewer Rehabilitation — Status at 2006 Sewer Master Plan and Sanitary Sewer Rehabilitation - Status as of FY13 and answered questions from the Commission. She explained the Sewer Capital Items in the proposed budget include $1,105,000 for the Reclaimed Water Facility (40% Grant - $442,000, 60% City - $663,000); $155,000 for the rehabilitation of remaining sections of Donner Subdivision (75% Grant - $116,250, 25% City - $38,750); $276,000 for sewer system rehabilitation on Saturiba Dr. and Sea Oats Dr.; and $50,000 to replace effluent pump at WWTP. Utilities (Handout: Utility Sales, Rates and 10 -Year Plan, which is attached and made part of this Official Record as Attachment B) Mr. Hanson referred to his handout as he explained and answered questions on the charts titled Water Sales Volume 99 -00 to 12 -13, Sewer Sales Volume FY 2000 -FY 2012, Average Monthly Water Customer Usage, Water and Sewer Utility Bill Comparison 2013 Rates, and Water and Sewer Utility Rates. Discussion ensued. It was pointed out that the City should check into the possibility of updating the Sewer Impact Fee Study to incorporate the cost of the TMDL improvements. Mr. Hanson referred to and read City Code Sec. 22 -2 — Return investment policy for Buccaneer plant which states "The additional rates charged by the Buccaneer systems to customers outside the city pursuant to Section 22 -27(2) for water and Section 22- 167(b) for sewer shall be considered a return on investment, and such return on investment shall be contributed to the general And of the city unless a lesser amount of transfer is budgeted on an annual basis. Mr. Hanson explained the chart titled Transfers to General Fund vs Surcharge. He referred to the chart titled Public Utilities (also page 118 in the proposed budget) as he explained the amounts for Personnel Services, Operating Expenses, Debt Services, Transfers, Capital Outlay and Revenues. The Commission asked questions and staff responded. Revenue and Tax Information (Handout: FY 2019 Budget Workshop Revenue and Tax Information, which is attached and made part of this Official Record as Attachment C) Finance Director Nelson Van Liere referred to the handout and pages 3, 4 & 5 in the proposed budget as he reported the Total 2014 General Fund Revenues and explained the various funds including Ad Valorem Taxes, Licenses and Permits, Intergovernmental, Interfund Transfers, Fines and Forfeitures, Charges for Services, Miscellaneous, and Utility, Communications and Minutes — City Commission Budget Workshop August 6, 2013 Page 3 Business Taxes. Mr. Van Liere reported that we will actually have a roll back rate, although it is very small, noting it has been a roll up rate for the last five or six years, so that is nice for a change. Mr. Van Liere referred to the charts and graphs in the handout as he explained the Atlantic Beach Taxable Property Values, Ad Valorem Assessment Rolls, Office of the Property Appraiser Final 2013 Millages, Multi Year Operating Millages, 2013 Total Proposed Millages, General Fund Total Revenues by Type and Total Expenses, and General Fund. He and Mr. Hanson answered questions. IT / Enterprise Software Upgrade (Handout: Upgrade to New Enterprise Application, which is attached and made part of this Official Record as Attachment D) IT Manager Randich referred to the handout as he explained a new application called One Solution from SunGard. He explained the history of the SunGard HTE application, status of the upgrade, new application, system requirements and advantages of the new system. He reported that instead of buying a new main frame computer, we moved to a data center in Atlanta as a first step in this process. He referred to the chart titled Multiple Year Project as he explained the phases and the funding needed for the project over the next four years. He and Mr. Hanson answered questions from the Commission. Mr. Randich confirmed that $140,725 for the One Solution Community ASP and $169,000 Recurring Costs are in the proposed budget and Mr. Hanson confirmed that the money for the other phases are in the ten year plan. Other IT Items Mr. Hanson explained the cost of the tablets are in the budget and if approved, IT will work on getting them set up right after the first of the year. Mr. Randich gave a status of the camera project reporting that even though they went with the single camera systems, we purchased two cameras in order to accommodate the different meeting layouts. Mr. Hanson referred to his supplemental list and explained the cost for sound system improvements for the Commission Chamber, which includes directional speakers and eight wireless microphones, is $13,000. Commissioner Daugherty expressed an interest in having portable equipment to record and amplify sound at various city meetings in locations other than the Commission Chamber and asked if staff could get a cost estimate for the equipment in time for the next budget workshop so it can be added to the budget. Discussion ensued and Mr. Randich agreed to bring something back. Building Department (Handout: Review of Building, Code Enforcement and Planning and Zoning Departments 2013 -14, which is attached and made part of this Official Record as Attachment E) Building and Zoning Director Mike Griffin referred to the handout noting that it shows activities of the Building Department associated with enforcement of the Florida Building Code related to expenditures and revenue. Mr. Griffin explained the Building Department is an Enterprise Fund and tries to pay for itself through the building permit fees. He reported that three years ago they raised the minimum Minutes — City Commission Budget Workshop August 6, 2013 Page 4 permit fee from $35.00 to $55.00 in order to make an adjustment and it seems to have worked out good. He explained they remain as an Enterprise Fund for the Florida Building Code, but the Floodplain management, housing code enforcement and zoning code activities are funded by the General Fund. He reported the proposed budget includes anticipated revenues of $281,550 and anticipated expenses of $261,939. He explained the graphs titled Construction Value in Atlantic Beach, Building Department Expenditures and Revenues, and Building Department Permits and Inspections which indicates construction continues to go up. Mr. Griffin reported the Building Department is operating with one Building Official, one Building Inspector /Plan Reviewer and two administrative personnel. The Building Department should anticipate operating at nearly the same level of activity as recent years with a slight increase. The department provides administrative support to Personnel, Finance, City Administration and the Development Review process. Mr. Griffin reported the cost to add an additional Code Enforcement Officer Full -time or Part- time as follows: For the Full -time Code Enforcement Officer (40 hours weekly), the total cost to for the first year would be $69,816 which includes an annual cost of $48,216 and additional cost of $21,600 to start; and for the Part -time Code Enforcement Officer (20 hours weekly), the total cost for the first year would be $43,362 which includes an annual cost of $21,762 and additional cost of $21,600 to start. Mr. Griffin reported the monthly case load and the Royal Palms and Mayport Corridor Property Survey Results. Mr. Hanson explained the reasons to consider an additional Code Enforcement Officer which is on the supplemental list. Discussion ensued regarding the various types of complaints and what the Code Enforcement Officer does to enforce the City Codes. The suggestion was made to set up a day to ride or work with the Code Enforcement Officer to find out more about the details from the initial citing of a complaint to when the complaint goes through the Code Enforcement Board process. Mayport Corridor Redevelopment Redevelopment and Zoning Coordinator Jeremy Hubsch explained the details of the Mural at Mayport Road and Atlantic Boulevard Overpass at $8,000 and the Mayport Road Landscape Matching Program at $10,000, which are both on the supplemental list, and reported that the City can apply for a grant for matching funds on both beautification projects. Commissioner Daugherty indicated that instead of the 20' by 20' art that was proposed, he wanted the entire length of the triangle piece to be painted. Mr. Hubsch stated he thought he should start out small but hopes to expand it to multiple -year phases. There was a lengthy discussion and Mr. Hubsch answered questions from the Commission. Mr. Hubsch also reported he will be working with partners to designate A1A as a "Florida Scenic Highway" from Jacksonville Beach to Fernandina; met with Florida Department of Economic Opportunity and they are interested in using Atlantic Beach as a potential pilot program for a major statewide economic development initiative; and will work with City of Jacksonville and Jacksonville Chamber on possible incentives over the next year. He stated he would give more information on these programs as things evolve. Summary of Outstanding Debt (Handout: Atlantic Beach Debt, which is attached and made part of this Official Record as Attachment F) Minutes — City Commission Budget Workshop August 6, 2013 Page 5 Finance Director Nelson Van Liere referred to the handout as he explained the City's outstanding debt and the debt payments proposed in the 2014 budget. There was a brief discussion about whether or not it would be valuable for the City to use some of the fund balances in excess of the 25% minimums to pay off outstanding debt. Follow -up Items from the first budget workshop Mr. Hanson reported on follow -up items as follows: Tennis Courts- We have been in contact with Jacksonville Beach, but we don't have a final answer yet regarding the materials used in the reconstruction of their tennis courts. Saltair Stormwater Project- The cost to install curb and gutter in the Saltair Subdivision is $1,500,000 versus the swale restoration for $250,000. Because there are only 69 homes that would be affected compared to the increased cost to the City of $1,250,000 (not including the pond and piping) the assessed cost to each homeowner would be $18,115. With the cost of the pond and piping to get there, you could easily double that cost. There was little support from the Commission to upgrade the project to curb and gutter. Robert Street Ditch- The best cost estimate to do the proposed grading and bank stabilization improvements for next year would be $80,000 to $100,000. There was discussion about possibly splitting these costs with FDOT and the City considering budgeting only half which is $45,000. Mr. Carper reported the cost to replace the sandbag head wall with a more complete concrete structure would probably add less than $10,000 to the project cost. Rose Park Bids- Mr. Carper summarized the status of the revised recommendation to bring the Rose Park Project back within the budgeted amount. He explained the items that were left in and those that were left out of the new proposal. Mr. Hanson reported the list of items to be discussed at the next budget meeting. There being no further discussion by the City Commission, the Mayor declared the meeting adjourned at 8:45 p.m. Mike Borno Mayor Donna L. Bartle City Clerk Public Utilities Budget Current FY Project Status —Water Fund Project Curre Amount. Rehab Interior of Elevated Tank WTP 1 and Ground Storage Tank WTP 3 $89,180 Complete Water Main Replacement on 12th, $224,740 Complete Ocean & 15th Water Main Replacements on Pine St. and Wonderwood Rd. $270,000 Bidding Arc Flash Studies for Water Plants $60,000 Proposals due 8/7/13 — will need to re- budget for FY14 ATTACHMENT A 1 Current FY Project Status — Sewer Fund roject Current FY Amount Reclaimed Water Facility $155,528 Design /Permitting Design /Permitting Sewer Rehabilitation (11'h -14th Sts. on $194,038 Complete Beach, Ocean, East Coast) _ Effluent Outfall Repairs — during design $142,000 Design — will need study, found pipe will need replacement. to budget with additional funds for FY14 - $300,000 TMDL /Sludge /Odor Control $113,634 Complete PUBLIC UTILITIES OPERATIONS • Work towards optimum efficiency with minimal staff. • Contractors /Engineers are part of the Utilities Team — Keep salary /benefit costs lower — Utilize specialized expertise as needed — Help determine priorities -- Available for emergencies 24/7 2 Public Utilities Contractors and Consultants "Utility Contractor Environmental Laboratory Welding and Fabrication Engineering and Survey Pump, Motor, Generator Repair Landscape Maintenance E ethical and Electronic SCADA and Security System lir Water Loss REDUCTION • Enhanced meter replacement project — 1,000 meters replaced in FY13 — Changed methodology to target highest use meters • Large meter testing /repair /replacement • Leak detection • Water loss dropped to 10.2% from high of 16.9% Meters Replaced Vs. Water Loss 1200 1806 • Amloal4Yalal 141 Iola! Nevi &RevhueA 1 MO FY01 FY02 FY03 FY04 FY05 FY00 FYQS FY88 FYO9 FY10 fY11 FYll FY13 Water Master Plan Status • Continuing replacement of old and undersized water mains to address water quality and fire flow issues • Installed one new well and rehabilitated one existing well at Water Plant #1 • Continuing elevated and ground storage tank maintenance • Reduced staff by 1 Distribution /Collection Operator in FY13 due to distribution and collection system improvements 4 Completed and Possible Remaining Water Main Replacements Water Master Plan Future Issues • Currently reviewing priorities to update Master Plan: — Continue with well evaluation, rehabilitation and replacement as needed -- Continue to replace aging and undersized water mains (most are complete) — Replacement of asbestos concrete and cast -iron mains 5 Water Capital Items for FY14 • $440,000 - Fire flow improvements: - Replace 4" AC Water Main on Mayport Rd. near Wonderwood and Add Connection under A1A between Mayport Landing and Mallard Cove Apts. • $125,000 - Rehabilitation of Elevated Tank at Water Plant #2 • $100,000 — Rehabilitation of Ground Storage Tank at Water Plant #2 Sewer Master Plan Status Completed TMDL project — Meeting nitrogen limits — Operational and electrical savings exceeding expectations — Project will be featured at COJ's Environmental Symposium in August 6 Sewer Master Pran Status, cont'd. • Continued rehabilitation of gravity sewer system during FY13: — Beach Ave., Ocean Blvd. and East Coast Drive between 10th St. and 14th St. Design of effluent outfall repairs: — Replacement of pipe recommended instead of repairs Sanitary Sewer Rehabilitation ° Status at 2006 Sewer Master Plan J.; M y I4 4MY kil 7 Sanitary Sewer Rehabilitation - Status as of FY13 Sewer Capital Items for FY14 ▪ $1,105,000 Reclaimed Water Facility (40% Grant - $442,000, 60% City - $663,000) • $155,000 - Rehabilitation of remaining sections of Donner Subdivision (75% Grant - $116,250, 25% City - $38,750) ▪ $276,000 -- Sewer system rehabilitation on Saturiba Dr. and Sea Oats Dr. • $50,000 — Replace effluent pump at WWTP 8 Utility Sales, Rates and 1O -Year Plan August 6, 2013 0,600 H60,000 40,000 20,000 Wake rSales Vol 99 -00 to 12 -13 1 5 8 7 8 Months 05 rY October • 1 10 12 -41—fY 90-Co - 01z2 ••o••FY 45-04 - FY 0544 —FY 07.013 — 4,—.FY 08'10 —.—FY 11. —4—FY 'I.17 L Gallons x VOID 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 Sewer Sales Volume FY 2000 -FY 2012 - 1 2 3 4 5 6 7 8 9 10 11 12 Months of FY; October =1 —FY 1999 -00 — FY 2001 -02 — FY 2003 -04 -4--FY 20004E — FY 2007.00 — M—FY 09 -10 - 11 -12 — FY 12.13 14.00 12.00 1000 10 .100 2.00 City of Atlantic Beach AYErago Monthly Water Customer Usage 0 10 r9,7.� f g 8.90 0 00 8.81 .6 — 7 S 7.10 1909.00 2000.01 2000.02 2002.03 2003.04 2004.05 2005.08 2008,07 2007 -03 2200 -09 2009- 0 2010.11 2011.12 2 $150 ,S1oo S50 so Water and Sewer Utility Bill Comparison 2013 Rates 0 1 2 j 4 5 6 7 K 9 10 11 12 1; 14. 15 31.1 17 16 19 20 2,1 22 23 24 25 Gallons in Thousands Jacksonville Beach Neptune - FYi3 -*- Atlantic Beach inside Atlantic Bch Outside JEA -Pin, II$2550.00 5'110.1111 $150.00 k O$1...410 p 571.00 Water and Sewer Utility Rates $0.00 ,1 CacNlunvlllc Death 1..s. 1n.y 3616 Neptune - FY19 4i .i,,.,• 5,,.6,1 +■Allanlie Brach Inside -1.11 S-'.'^ 14 71 Allann Ikh m,n1d1- xa,;, . -r I 00..111 ,3.1� 165.11111 0,..114 15.93 51.79 Gallons in Thousands 3 4 S. R 7 1 6 1 is 0 la 1 ,.p 1.1.11 5046 60.17 1 71..31. 19.67 141., ,,,451 1,4.1! ,c 33 . Y. ;, i4 .,.;e 1.1.',1 11.01 71.56 Sz.a1 1 95.17 191,3111",09 ,31G1 1.1,1 ,I 1r.1...•] ■1X.10 +'.33 ;^'1.51 17.35 1546 31.57 1 63.61 417. 1 I -1 1, 16.05 •,3 .In 111.55 1111.0 ,ar1R, u1RU ,vls' 46.71 0215 66.91 I 77611 67,06 I 9745 101.551 50177 1_3.,111 ,i,,, 15 1,, .1 ,51:...1, , 57.66 6153 49.431 75.07 13.1.) 1 4.3.41 01.11 1.1,75 1 In.37 I n■ ,4, n. a -11..3 'r.lF, 3 Sec. 22 -2 — Return investment policy for Buccaneer plant The additional rates charged by the Buccaneer systems to customers outside the city pursuant to section 22 -27(2) for water and section 22- 167(b) for sewer shall be considered a return on investment, and such return on investment shall be contributed to the general fund of the city unless a lesser amount of transfer is budgeted on an annual basis. S600,ouo Sono600 Transfers to General Fund vs Surcharge 1 FYwcs Illir 11 UPI I I prpr 111 111 1 1 1 1 1 o6 FY 2007 FY ao06 FYaaog FYaato FY Ion FY mil FYsaq FYaaµ FY. am; 4 16 14 12 10 8 6 4 2 0 cZ) MI\ .'�, . +`3 NC' <1 Nb � 25 if �. `�• cs <4 4 4 4 4 4 k 4 4 k 4 4 4 Public Utilities EMI Personnel Services =Transfers =Operating Expenses ImCapltal Outlay =debt Service - #Revenues 5 ATTACI IMENT C City of Atlantic Beach FY 2014 Budget Workshop Revenue and Tax Information Total 2014 General Fund Proposed Revenues • Ad Valorem Taxes fIntergovernmental in Fines and Forfeitures to Miscellaneous • Licenses and Permits • Interfund Transfers • Charges for Services ■ Utility, Communications & Business Taxes 1 a,r,00,000,06; :' 1999 2000,2001 °2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Fiscal Year • New Construction Personal Property Real Property t5,00U000 70,000,0012 15,000,000 8 /0,000,900 5,1240;0011 Atlantic Beach Taxable Property Values 4,999 2000 21701 2062' 2003 2004 2005 2005 2007 2000 2009 2010 2011 2012 2013 Flsca l 4rvr 1 Now Construction 2 ,, 3,000 2,500 2,000 1,500 1,000 500 Ad A ; ? :n0{ln'.`. Il; „ill: $2,332 $1,980 to $1,793 111 ■ $1,674 $1,663 SG -. ,_.56 17 86 6u 1,207 2006 2007 2008 2009 2010 2011 2012 2013 ow Exemptions 1 fnmrstead Exemption homestead Exemption 11 Httmrsiead Exemption far Elderly s Save Our Homes Cap Value Taxable Value Just Value CITY OF ATLANTIC BEACH Office of the Property Appraiser Final 2013 Miliages Water Management District. 2.57% AtlaotiC Beach 17.22% School Board 38.23% Florida Inland Navigation 0.78 °J 3 4.500 4.000 3.500 3.000 2.500 2.000 1.500 1.000 0,500 0.000 City of Atlantic Beach Multi Year Operating Millages 2007 2008 2009 2010 2011 2012 2013 Neptune Beach •Atlantic Beach Jacksonville Beach 1 1 21.5000 21.0000 20.5000 20.0000 19.5000 19.0000 18,5000 18.0000 CITY OF ATLANTIC BEACH 2013 Total Proposed Millages Jacksonville Mantic Beach Neptune beach Jax Beach Town Of Baldwin 4 14,00;000 12,000,000 10,000,000 `" 0,000,000 0,000,000 4,000,000 7,000,000 0 General Fund Total Revenues by Type and Total Expenses • 9 9 4 i • AP MECUM TAMES TA0F5 AN 0 MAN FHISE FEES W PERMITS ELLS A N0 ASSF 4ME NTS INTER00144RNMEHTAERFYFN0E5. CHARGES FOR SERVICES F INISANPFORFFNPRES MISCEI1,0M MS A MEWLS INI ERFUNPTRANSFERS - 40040510 General Fund 4 2 0 hR pry hna 414 h4} ftA h03 O , h rjr =Personnel Services mg Operating =Capital =Transfers -6- Revenues 5 ATTACHMENT D Upgrade to New Enterprise Applicati n SunGarcfs One Solution current nt S of :w ,r SunGard's HTE In use since 1993 uil,fw., `.un6•.d. 6.1.01 Varsim 9.0.1 cunc.rs rpp1tt•1144114 H.nu p V,.,C1n4 Gerrit, 3 C..n ..1.1,11 . Flom:. n.. .e. 1 6Pld Inrcz.ntln:,I 40 111.410.4.4 4.1l00.4 11 10441,4 1.rrl.u.n.1 nn 1,9. uli 0.1.c11c Add New Capablillit Greater Flexibility.... 2 More Information u l., p Year li r One Time Capital Cons One 5nlu ;Inn s;ammunI1y ASP O695aiu than @Inanclals ASP One50luSi0n USHky OIIEIng ASP 1010/15 2015/1fi 2016/17 $211,1de Recurring 08315 $764,1306 $172,614 $176,843 mn ATTACHMENT E - A. Review of Building, Code Enforcement and Planning and Zoning Departments 2013/14 • This is to show activities of the Building Department associated with enforcement of the Florida. Building Code related to expenditures and revenue. Enterprise Fund Concept • Building Department permit fees pay for the activities related to enforcement of the Florida Building Code. By Florida law permit fees may only cover building code enforcement activities. • Floodplain management, housing code enforcement and zoning code activities are not to be funded with building permit fees. • The Building Department has been supported by the General Fund related to other non- building code activities. 1 2013/14 Budget Projection • Anticipated Revenues: $281,55o • Anticipated Expenses: $261,939 V. �Y�l Nll Vt+ 4ldYft flti' 1LT6' 7HXf tdJ lllH ".uu:xn+•;+r.rai_...rr.,. �. Construction Value in Atlantic Beach 25,000,000 20,000,000 - 15,000,000 10,000,000 5,000,000 - T' 2009 2010 2011 2012 2013 2014 2009 2010 2011 2012 201'd un m Construction value $13,176,637 511,48465,1 16,4x2,374 $22,566,505 $ 22,855,602 S 21,452,889 of Permits in Atlantic Beach 2 Building Department Expenditures and Revenue 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 2009 2010 2011 2012 2013 2014 lima Expenditures 291,103 288,070 296,332 "*.752 2(2,870 262,435 Gen. Fund a 58,000 60,1}00'+1' o, • 31,0oo 0 Revel ate 200,583 217,166 243,563 284,792 266,925 281,554 • Expenditures • Gen. Fund • Revenue Y+ fb' fu11Cr: LScr :r::ifiti: +��mmul�. =r,-r -- -- , Building Department Permits and inspections 600o 5000 — 4000 300o 2000 - 1000 0— 2009 2010 2011 2012 2013 2014 200q 2010 2011 Permits Issued 1756 2064 2031 2799 2359 2789 Number of Inspections 3335 4006 3916 4751 4250 • Permits issued • Inspections 45.52 3 The Building Department is operating with one Building Official, one Building Inspector /Plan Reviewer and two administrative personnel, The Building Department should anticipate operating at nearly the same level of activity as recent years with a slight increase. The department provides administrative support to Personnel, Finance, City Administration and the Development Review process. Code Enforcement rw: =t W eriax unmrrrn • ode Enforc nt eer Full Tint 0 hours weal Start up cost Salary 37,000 Benefits 10,516 Vehicle 18,000 Computer 2,000 Desk /equip 1200 printer 400 uniforms 200 gasoline 300 insurance 200 $ 48,216.00 Annual cost $ 21,600.00 Additional cost to start $ 6g,816.0o Total cost to start • Cade Enforeernent Officer Part T irne (20 boor's weekl • Start up cost Salary 18,500 Benefits 2,562 Vehicle 18,000 Computer 2,000 Desk /equip, 1200 Printer 400 uniforms 200 gasoline 300 insurance 200 • $ 21,762.00 Annual cost • $ 21,600.00 Additional cost to start • $ 43,362.00 Total cost to start • Total average monthly complaints 125 average monthly case load 125 4 Royal Palms and Mayport Corridor Property Survey Results Date of survey March 2009 July 2011 July 2012 July 2013 Deferred maintenance needs paint and repairs 45 50 18 2 Junk vehicle, overgrown trash, debris, damaged fencing 203 69 66 34 Major dilapidation, broken windows, exposed framing 30 2 3 1 Total in violation 278 121 87 37 lY.'L3':rJ4`•l: " IGY3 ':Y(J:. "`.�tM1Y:VlfG'i�cxaou�. Mayport Road Redevelopment • Currently working with FDOT on potential beautification projects along Mayport Road • Mural or rnosiac at Mayport Road and Atlantic Overpass • FDOT has a statewide matching beautification grant that could help cover the cost of a mural - FDOT's District office also has money to spend on beautification projects. The coordinator is interested in working with COAB on projects 5 Mayport Road Redevelopment Will be working with partners to designate ALA as a "Florida Scenic Highway" from Jax Beach to Fernandina. Met with Florida Department of Economic Opportunity and they are very interested in using Atlantic Beach as a pilot program for a major statewide economic development initiative. - Will work with COJ and Jax Chamber on possible incentives over the next year. ATTACHMENT F Atlantic Beach Debt Debt Oustanding 9/30/2012 Public Storm Water General Total Issue Issuer Utilities Utility Government Outstanding 1999 Sun Trust $ 171,065 $ 136,914 $ 307,979 2004 Revenue Bonds $ 13,130,955 $ 2,134,047 $ 15,265,002 2010 Revenue Bonds $ 855,290 $ 855,290 2010 Revenue Bonds $ 563,932 $ 91,650 $ 655,582 2010 FDEP $ 721,894 $ 721,894 2012 FDEP $ 7,561,361 $ 7,561,361 23,004,496 2,225,698 136,914 $ 25,367,108 Budgeted Debt Payments 2014 Proposed Public Storm Water General Total Issue Issuer Utilities Utility Government Payments 1999 Sun Trust $ 88,290 $ 70,655 $ 158,945 2004 Revenue Bonds $ 1,247,168 $ 202,690 $ 1,449,858 2010 Revenue Bonds $ 77,900 $ 77,900 2010 Revenue Bonds $ 53,181 $ 8,644 $ 61,825 2010 FDEP $ 49,880 $ 49,880 2012 FDEP $ 650,360 $ 650,360 2,166, 779 211,334 70,655 2,448,768 MINUTES OF THE BUDGET WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN COMMISSION CHAMBERS ON TUESDAY, AUGUST 13, 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 Mike Classey, Police Chief Keith Randich, Information Technology Director Sue Danhauser, Human Resource Director Donna L. Bartle, City Clerk The meeting was called to order at 5:00 p.m. by Mayor Borno. Health Care Reform update Brooks Faison of Harden and Associates, gave an update on Health Care Reform. He explained there are no maximum out -of- pocket limitations now with your health insurance, meaning employers can eliminate those if they chose to for 2014; the City is compliant in all aspects of the Health Care Reform legislation including the plans, the out -of- pocket limitations (if there were some), and the maximum employee premium allowed which is no more than 9 1/2 % of the employees gross annual income; the only thing that will impact the employees in 2014 is the Federal Exchange Option; the State of Florida does not participate in a state exchange; we will have a federal exchange. He reported that notices will be sent out to the employees by October 1st and he read the language contained in the notices. He stated that because the City of Atlantic Beach offers employer- offered coverage and meets all the requirements, an employee cannot leave the City's plan and receive a subsidy. He reported the employee- mandate portion, which includes the requirement for everyone in the United States to have health insurance coverage, will take effect January 1, 2014, but the employer- mandate portion, which includes the requirement to offer coverage or pay a penalty, will not start until January 1, 2015. He reported the taxes and mandates in the legislation will affect the City's health insurance rates with an increase between three to five percent. He stated the employer- mandate portion beginning in 2015 pertains to employees working 30 hours or more. He and Human Resource Director Sue Danhauser answered questions from the Commission. He distributed handouts containing the details on what he summarized (which are attached and made part of this Official Record as Attachment A). Police (Handout: Atlantic Beach Police Department, which is attached and made part of this Official Record as Attachment B) Police Chief Mike Classey referred to the handout and explained the Police Department personnel, reporting the FY 2014 budget authorizes 28 officers assigned to divisions such as Patrol, which includes community- oriented policing (COPs); General Investigations and Crime Suppression Unit; and also authorizes 15 total civilian staff, including three which are part-time, assigned to divisions such as Emergency Dispatch, Records, including property and evidence, Animal Control, and School Crossing Guards. Minutes — City Commission Workshop August 13, 2013 Page 2 Fire/Rescue Chief Classey explained the Fire /Rescue Services stating our fire services have been provided by the City of Jacksonville Fire and Rescue (JFRD) by contract since 1999. He gave a history of the cost and answered questions from the Commission. Lifeguards Chief Classey reported on lifeguards noting that the lifeguard season covers April through September and the City of Jacksonville contributes $170,779 for personnel and operating expenses per the Interlocal Agreement. He explained the FY 2014 personnel and operating expenses will be $203,354. He answered questions and explained the Junior Lifeguard program was not being proposed for the next budget year for a number of reasons. Pedestrian/Bike Safety Chief Classey reported on Pedestrian/Bike Safety which was the Commission's number 3 priority identified in strategic planning. He gave an overview of the study completed by the Police Department. He reported the status of projects aimed to improve pedestrian and bike safety and answered questions from the Commission. Citizen Police Academy Chief Classey explained the Citizen Police Academy is a discretionary project; it is an 8 -12 week program that meets one evening per week (2 -3 hours) and one Saturday during the program; the program educates local residents about a variety of topics including: Communications, Investigations, Traffic/DUI, Patrol, Crime Prevention, Firearms, and Defensive Tactics /Taser/Pepper Spray; the program promotes open lines of communication between citizens and police officers helping local residents better understand police work in Atlantic Beach; and it's a great opportunity for the police to inform the public of what we do, the challenges we face, and to obtain citizen input, assistance and support throughout the community. He reported the cost to run the program is approximately $10,000 and forfeiture funds can be used. He answered questions from the Commission. Police Rental Space Chief Classey explained, because there is a need for additional space in the Police Building, he is requesting money to be added to the budget to rent a commercial space for a Sergeant and four Detectives to move their operations to. He explained it would be a temporary, limited solution. He explained his proposal for a 500 s.f. building and reported the estimated costs. The initial setup will cost $13,750 for switching, wiring, internet cabling, firewall, electrical, alarm and phones; and the annual cost will be $26,600 for rent, internet, phone, utilities and alarm. He answered questions from the Commission as they offered other ideas. FY 2013 -14 Grants Chief Classey reported the only grant we received this year was the JAG grant totally $81,205 which included salaries for one full -time COPs officer and one full -time Crime Suppression Unit (CSU) Detective. Police Special Revenue Funds Chief Classey explained Police Training Funds are restricted funds from a surcharge on traffic citations dedicated for police training and the fund balance exceeds $120,000. He explained the Radio Communications Fund is a restricted fund to be used for radio airtime, laptop airtime, or other related emergency communications expenses and makes up 22% of the total communications budget. Minutes — City Commission Workshop August 13, 2013 Page 3 Forfeiture Funds Chief Classey explained Forfeiture Funds stating the seized money usually comes from drug cases. He indicated the fund balance is about $35,000; revenue is very difficult to budget for; and all forfeiture expenditures go to the Commission for approval. He answered questions from the Commission regarding crime, staffing, shifts and case loads. He explained the accreditation process, the advantages for having accreditation and his experience with it. Mr. Hanson expressed his opinion on accreditation. There was a discussion about the possibility of adding new office space for the Police Detectives at the Jordan Park Community Center. Commissioner Daugherty asked that this be put on the agenda for the workshop on August 26, 2013 to further discuss it. Human Resources (Handout: Human Resources, which is attached and made part of this Official Record as Attachment C) General Insurance Human Resource Director Sue Danhauser explained General Insurance, also known as Property & Liability Insurance, includes Automobile, Property, General Liability, Fiduciary, Police Statutory, Pollution and Environmental and Workers Compensation. She stated the current year cost was about $517,000 and the budget for next year is approximately $509,000, noting the final renewal numbers will be available for the August 26, 2013 workshop. She reported the need for Flood insurance since FEMA has redone the flood maps and some of the City's essential buildings, such as the Commission Chamber and City Hall, are now in a Flood Zone Area. She believes that even with adding the extra insurance, it should stay under budget. Employee Compensation Ms. Danhauser explained compensation includes salary and benefits and reminded the Commission that one of the top priorities in the strategic plan was to look at our recruitment and retention. She referred to and explained the graph showing employee turnover, noting that we have to keep an eye on it since we recently made benefit reductions in pension, personal leave, and longevity which could affect the future. She reported the last pay increase was in 2008 and the estimated inflation from that time to now is 8.5 %. Commissioner Woods questioned the high number since the numbers from the past were very low. Ms. Danhauser explained the number used in the past was the Consumer Price Index (CPI) and she does not recommend using it. Commissioner Woods stated she would like to know what the CPI is and Ms. Danhauser agreed to look it up and report back to the Commission. Review cost of pay plan recommendations Ms. Danhauser reported on the Pay Study Recommendations, explaining there were several steps in the recommendation. She explained in the first step they looked at everyone's position and where they fell in the pay grades; if someone moved up a pay grade and their salary fell in that range, there was no adjustment; and just to do step one, it only involves four people that would get a pay increase. She stated the two non -union employees that, if implemented, would get the pay adjustments are the Records Clerk in the City Clerk's office and the Police Evidence Technician; the other two are in the union and cannot be reported to the Commission until they hold a shade meeting. She reported that step one would cost $15,400 to implement. Step two was done to alleviate pay compression caused by not having pay increases in five years. Many are bundled up and paid at entry level. What they came up with is to do a flat dollar amount for years in the position from one year up through the five years that we haven't had increases. She answered questions from the Commission and reported the total cost for steps one and two is $96,800. She explained step three is to restart the merit program which is based on midpoint. She explained that for a 1% increase, the employees who are at midpoint or below would get more than 1% since they are not at midpoint, but the employees over midpoint would get less than 1%. She was questioned why a merit Minutes — City Commission Workshop Page 4 increase was being recommended rather than a COLA and she explained the merit is based on pay for performance instead of across the board. Discussion ensued. She and Mr. Hanson referred to the slide showing the total costs while they explained the impact on the General Fund. She explained the last recommendation is for the employees who are at the maximum of their pay grade. She stated our policy now says they do not get any increases once they've hit the maximum and if we implement this. She stated we do have ten employees who are at or over maximum; they were allowed to go over maximum when we put the longevity in their pay, which was a one -time exception. She stated the recommendation is to do something for them to still acknowledge their job performance by awarding a one -time bonus equal to the amount of the merit earned. August 13, 2013 Ms. Danhauser explained Employee Benefits. The City - funded benefits include medical coverage, wellness program, life insurance and employee assistance program. The other benefits are all voluntary, meaning the employee pays 100% of the costs. They include dental, vision, supplemental life, short-term and long -term disability, flexible spending account and 457 deferred compensation. She referred to the chart titled City Expense for Medical as she explained the history and the trends. Mr. Hanson and Ms. Danhauser answered questions regarding compensation and benefits. Supplementary List of Projects (Handout: Supplemental List of Projects Not Included in Budget, which is attached and made part of this Official Record as Attachment D) Mr. Hanson distributed a revised Supplemental List of Projects Not Included in Budget, pointing out that the changes since the initial one are in red. He referred to the list as he reported costs and funding options for the various items and answered questions from the Commission. The Commission had a lengthy discussion on pay and benefits and where they can take money from to pay for the proposed pay plan adjustments recommended by the consultants. They discussed the General Fund (page 107) and the Half Cent Sales Tax (page 116) as funding options by moving $82,000 of resurfacing budget to the Half Cent Sales Tax Fund, then transferring $163,857 from Gas Tax Fund to the General Fund to pay for the pay increases. (Commissioner Daugherty left the meeting at 7:51 p.m. and returned at 7:53 p.m.) (Commissioner Beckenbach left the meeting for 30 seconds at 7:53 p.m.) Consensus: Take half of the cost out of the Half Cent Sales Tax and the other half out of the General Fund in order to implement the pay plan adjustments suggested by the consultants using the 2% merit pay option. The Commission went through each item on the list to decide whether or not to add them to the proposed budget. There was a consensus to add money to the proposed budget for the following items: 1. Pay Plan Adjustments recommended by the consultants: Steps 1, 2 and 2% merit - $ 217,500 2. Welcome Signs; Various locations - $ 11,000 3. Mayport Road Landscape Matching Program - $6,500 4. Police Citizens Academy - $7,500 5. Rental Space for Detectives - $ 40,350 6. Robert Street Ditch Improvements - $ 50,000 (for matching funds with FDOT) 7. Expansion of Kennel - $ 40,000 8. Bull Park Gazebo - $ 40,000 9. Sound System Improvements for Commission Chambers and other locations - $ 15,500 10. East Coast Drive Streetscape - $ 79,000 11. Seminole Road streetscape project - $ 250,000 Minutes — City Commission Workshop August 13, 2013 Page 5 12. Fountain Project on Mayport Road - $ 5,000 13. Rose Park Playground Equipment - $ 40,000 (After the meeting, a table was prepared in order to show the thirteen adjustments to the proposed budget, which is attached and made part of this Official Record as Attachment E). There was discussion about changing the $50,000 in the proposed budget for the Parks Master Plan to use for a Community Visioning project which would cover Parks as one of the topics. The consensus was to leave the $50,000 in the budget, but decide which project to use it on at a later time. There being no further discussion by the City Commission, the Mayor declared the meeting adjourned at 8:51 p.m. Mike Borno Mayor Donna L. Bartle, CMC City Clerk ATTACHMENT A CITY OF ATLANTIC BEACH Health Care Reform Highlights Patient Protection and Affordable Care Act (PPACA) • PPACA Employer shared responsibilities provisions, "Pay or Play ", have been delayed until 2015. <° Individual mandate Is still effective 14 -2014; individuals must have health insurance or pay penalties. • Current City of Atlantic Beach medical plan options meet PPACA defined minimum coverage requirements, as well as employer contribution levels to prevent granting of subsidies on Exchange (cost cannot exceed 9.5% of employee annual income). 6¢4 Health Insurance Exchange, referred to as "Marketplace", will be available 10 -1 -13 for 1 -1 -14 enrollment (Federal Exchange in Florida). • Carriers and third parties are creating "private" Exchanges that will be available to employer groups for health option coverage; these are expected to include multiple plan options, on -line enrollment, and decision- making support tools. • Employer (City of Atlantic Beach) must send notice to all employees by 10 -1 -13 of availability of the Exchange. • Effective 1 -1 -14, employee waiting period for coverage Is limited to 90 days. • Effective 1 -1 -14, no pre - existing exclusions are allowed for any individual; guaranteed Issue and renewability are required. Several PPACA fees are being implemented in 2014 — PC0131 ($1 per member per year), Reinsurance ($63 per member per year) and Health Insurance Provider Fee (1.9 — 2.3 %); these will be paid on your behalf, but are Included in your health plan premiums (estimated by Florida Blue at 3 -5 %). °) Individuals applying for subsidies will have to complete lengthy applications; application process requires family members to be listed, and family members are always tied to the Individual to determine income eligibility for federal subsidy (400% of poverty level). • City of Atlantic Beach will be required to extend health Insurance options to all employees who work 30 hours or more in 2015; City of Atlantic Beach should begin tracking that eligibility now to manage a 12 month look back period. o) Automatic enrollment for employers with 200+ employees and non - discrimination requirements are pending; effective date has not been determined, but should be anticipated and expected by the employer. ono April 13, n13 i.Iiilryj Health Care Reform LEGISLATIVE BRIEF Brought to you by Harden IRS Guidance on 1l)eiay dni' Employer 1@I'tLd md ate ]{ enaRiies and Reporting Requirements On July 9, 2013, the Internal Revenue Service (IRS) Issued Notice 2013 -45 to provide formal guidance on the delay of the Affordable Care Act (ACA) Iarge employer "pay or play" rules and related Information reporting requirements. The provisions affected by the delay are • 5 4980H employer shared responsibility provisions; • 5 6055 Information reporting requirements for Insurers, self- Insuring employers and certain other providers of minimum essential coverage; and o § 6056 Information reporting requirements for applicable Iarge employers. For 2014, compliance with the Information reporting rules Is completely optional and the IRS will not assess penalties under the pay or play rules. Both the Information 'courting and the employer pay or play requirements will be rarity effective for 2015. INFORMATION REPORTING REQUIREMENTS The ACA amended the Internal Revenue Code (Code) to require Iarge employers, health Insurance Issuers and self - funded plan sponsors to report Information about health plan coverage to the IRS so that the federal government can enforce the employer mandate. Code § 6055 requires annual Information reporting by health Insurance issuers, self - insuring employers, government agencies and other providers of health coverage. Code § 6056 requires annual Information reporting by applicable large employers related to the health coverage that the employer offers (or does not offer) to Its full -time employees. EMPLOYER SHARED RESPONSIBILITY REQUIREMENTS Under the ACA, Iarge employers that do not offer their full -time employees (and dependents) health coverage that Is affordable and provides minimum value may be subject to penalties, The ACA's employer mandate provisions are also referred to as the employer shared responsibility or pay or play rules. ONE -YEAR IMPLEMENTATION DELAY The large employer pay or play rules and related reporting requirements were set to take effect in 2014. However, on July 2, 2013, the Treasury announced that these will be delayed for one year, until 2015. This means that: • Information reporting under §§ 6055 and 6056 will be optional for 2014 and no penalties will be applied for failure to comply with these requirements for 2014; and • No employer shared responsibility payments will be assessed for 2014. However, both the Information reporting and the employer pay or play requirements will be fully effective for 2015. i 1[1[ S. Guidance 0 10 Delay of( i 1 p oyes PoD.aftir., iiilu it Reporting TactluubEcJtru >lu ts The IRS issued Notice 2013 -4S to provide more information on the delay. According to the IRS, the delay of the reporting requirements provides additional time for input from employers and other reporting entitles In an effort to simplify these requirements, consistent with effective implementation of the ACA, This delay Is also Intended to provide employers, Insurers and other providers of minimum essential coverage time to adapt their health coverage and reporting systems. The delay of the employer mandate penalties was required because of Issues related to the reporting requirements. Because the reporting rules were delayed, the Treasury believed It would be nearly Impossible to determine which employers owed penalties under the shared responsibility provisions. The pay or play regulations Issued earlier this year left many unanswered questions for employers. The IRS highlighted several areas where It would be Issuing more guidance. Presumably, the additional time will give the IRS and Treasury the opportunity to provide more comprehensive guidance or4 implementing these requirements. Effect on Other ACA Provisions The delay does not affect any other provision of the ACA, including individuals' access to premium tax credits For coverage through an Exchange and the Individual mandate. Individuals will continue to be eligible for the premium tax credit to purchase coverage through an Exchange as long as they meet the eligibility requirements (for example, their household Income Is within a specified range and they are not eligible for other minimum essential coverage). Future Guidance Proposed rules for the Information reporting provisions are expected to be published this summer. The proposed rules will reflect the fact that transition relief will be provided for the information reporting requirements. It is still unclear how the new deadline will impact guidance that has already been Issued, such as the transition relief for non - calendar year plans and the optional safe harbor For determining Full -time status. Future guidance may affect these and other rules under the ACA. WHAT THIS MEANS FOR EMPLOYERS The Obama Administration's decision to delay the employer mandate penalties and related reporting requirements will have a significant effect on many employers. See below for an overview of the ACA provisions that are affected by the delay, the provisions that are not affected by the delay and steps that employers are encouraged to take In 2014 ri Or 2014, the IRS is cow-aging employers to voluntarily' a Comply with the Information reporting requirements once the IRS Issues information reporting rules (which are expected this summer) Y maintain or expand health coverage to prepare for when the employer pay or play rules become effective In 2015 This Legislative Brief Is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice, 1 2013 Zywave, Inc. Ail rights reserved. EM 7/13 2 IRS Guidance OH Delay ()Tile,' 3ployeir 1rl'1[ uullit to l)onallites and Re11 r rt/ ri ; Regtniil lib ents 1 I'.-11/,V(1:1�? Information Reporting Requirements The following employers will not have to report on coverage they provide Large employers with at least 50 full -time employees, Including full - time equivalents (FTEs) Employers with self - insured health plans Pay or Play Requirements Employers will not be required to: Consider whether they employ on average 50 or more full -time employees, Including FTEs, on business days during the previous calendar year Count employees` hours to determine whether they average 30 or more hours per week Offer minimum essential coverage to substantially all full -time employees and dependents Offer coverage to employees who average 30 or more hours per week Offer coverage that is of minimum value Offer coverage that is affordable ! LO)i' = 1i1:.1vonn Current Provisions Prohibition on pre - existing condition exclusions (PCEs) for children Small business tax credit Appeals process and external review rules Lifetime limits prohibited Required coverage of preventive care services Patient protections Over- the - counter drug reimbursement limits Rescissions prohibition PCORI fees Health FSA limits Additional Medicare tax for high -wage earners Uniform summary of benefits and coverage W -2 reporting Dependent coverage up to age 26 Medical loss ratio rules Increased tax on withdrawals from HSAs and Archer MSAs Future Provisions Subsidies for low - Income individuals for Exchange coverage Individual mandate Establishment of Exchanges Limits on cost - sharing New requirements for wellness programs Annual limits prohibited Employee notice of Exchanges Rating restrictions Health insurance provider fee and reinsurance fee Guaranteed Issue and renewability 90 -day waiting period limit Comprehensive benefits coverage Prohibition on ail PCEs Coverage for clinical trial participants Cadillac tax Automatic enrollment for employers with 200+ employees and nondiscrimination rules for fully- insured plans (effective dates TIM, but not affected by this delay) This legislative Brief is not Intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. 0 2013 Zywaver Inc. All rights reserved. EM 7/13 .3 (01 111111 ft Ili 6'l'ir-; rinfiWr6 'foitip-hn Brought to you by Harden l (c,a"c)hi) It jL:(c..iit ilL /rfliIIr\VA� -. I[10ft_l- 2,,011 Coil ]pl bIllitee ' }hi d°l°, di ii: fort. City of Atlantic I3e2d11ri The Affordable Care Act (ACA), which was signed into law In March 2010, put in place comprehensive health coverage reforms with effective dates spread out over a period of four years and beyond. Some of ACA's reforms are already in effect For employers and their group health plans, such as the Form W -2 reporting requirement for large employers and the requirement for non - grandfathered health plans to cover certain preventive care services without cost - sharing. Many of ACA's key reforms will become effective In 2014. Key ACA reforms that will affect employers In 2014 include health plan design changes, increased wellness program incentives, a new reinsurance fee, the employer "pay or play" mandate and additional reporting requirements. To prepare for this next phase of ACA reforms, employers should review upcoming requirements and make sure they have a compliance strategy in place. This Legislative Brief provides a health care reform compliance checklist for 2014, Please contact Harden for assistance or If you have questions about changes that were required In previous years. PLAN DESIGN CHANGES Grandfathered Plan Status A grandfathered plan is one that was In existence when health care reform was enacted on March 23, 2010. If you make certain changes to your plan that go beyond permitted guidelines, your plan Is no longer grandfathered. Contact Harden If you have questions about changes you have made, or are considering making, to your plan. ❑ if you have a grandfathered plan, determine whether It will maintain its grandfathered status for the 2014 plan year, Grandfathered plans are exempt from some of ACA's mandates. A grandfathered plan's status will affect its compliance obligations from year to year. Not e._ • If you move to a non- grandfathered plan, confirm that the plan has all of the additional patient rights and benefits required by ACA. This includes, for example, coverage of preventive care without cost- sharing requirements, City ofj tlarltic Beach is a non-et/war/fathered plan. This LW /Um effective for City of d t . ijtic Beach's 01 O 20 4 O i en Enroll vie Annual Limits Effective for plan years beginning on or after Jan. 1, 2014, health plans are prohibited from placing annual limits on essential health benefits. (ACA's prohibition on annual limits was phased in over a three -year period; restricted annual limits were permitted for plan years beginning before Jan. 1, 2014.) ❑ Confirm that no annual limit will be placed on essential health benefits for the 2014 plan year and beyond. This will be effective for City of Atlantic Beach's 0:1/0A/2014 O,j n Enrollment•. Tf,ern a,1r_►aO annual limits on current Plans. , 1 2,1111.4 ci Allirllpllii 11l,lic:r,: Pre - existing Condition Exclusions Effective for plan year beginning on or after Jan. 1, 2014, ACA prohibits health plans from Imposing pre - existing condition exclusions (PCEs) on any enrollees. PCEs for enrollees under 19 years of age were eliminated by ACA for plan years beginning on or after Sept. 23, 2010. ❑ Confirm that PCEs will not be Imposed on any enrollees for the 2014 plan year and beyond, Ti;i will he effective for City of iltlantic Beach's 01/0112014 Open Enrollment. Dependent Coverage to Age 26 Effective for plan years beginning on or after Sept, 23, 2010, ACA requires health plans that provide dependent coverage of children to make coverage available for adult children up to age 26. However, for plan years beginning before Jan. 1, 2014, grandfathered plans were not required to cover adult children under age 26 If they were eligible for other employer - sponsored group health coverage. • If your plan is grandfathered, confirm that It will make coverage available to adult children up to age 26 regardless of whether they are eligible for other employer - sponsored group health coverage, effective for the 2014 plan year and beyond, Tlg will be effective for City of Atlantic Reach's 0;2/0V12014 C1en mural! ent. Current' y edical alai s c er to a r , 6 Excessive Wafting Periods Effective for plan years beginning on or after Jan. 1, 2014, a health plan may not Impose a waiting period that exceeds 90 days. A waiting period Is the period of time that must pass before coverage for an employee or dependent who is otherwise eligible to enroll In the plan becomes effective. Other conditions for eligibility are permissible, as long as they are not designed to avoid compliance with the 90 -day waiting period limit. O If your plan has a waiting period for coverage, confirm that the waiting period is 90 days or less for the 2014 plan year and beyond. r cis will be eff ctive for rsit o Atlantic Bead is Oh/01,12014 Oven ! ►ar_one:eat. Current waftirj period is compliant. Coverage for Clinical Trial Participants Effective for plan years beginning on or after Jan, 1, 2014, non - grandfathered health plans cannot terminate coverage because an individual chooses to participate In a clinical trial for cancer or other Ilfe- threatening diseases or deny coverage for routine care that would otherwise be provided just because an Individual is enrolled in a clinical trial. n For the 2014 plan year and beyond, confirm that plan terms and operations will not discriminate against participants who participate In clinical trials. 'Ibis. 111,e effe .five for Cit of ill : 71 'rr beach's 01/O .1/2014 Open Enrollment. Limits on Cost- sharing Effective for plan years beginning on or after Jan. 1, 2014, non - grandfathered health plans are subject to limits on cost - sharing or out -of- pocket costs, Out -of- pocket expenses may not exceed the amount applicable to coverage related to HSAs. deductibles may not exceed $2,000 (single coverage) or $4,000 (family coverage). These amounts are Indexed for subsequent years. Final guidance on this requirement provides that the deductible requirement will apply only to plans In the insured small group market, while the out -of- pocket cost limit will apply to all non - grandfathered health plans (Including self- Insured plans and plans and issuers In the large group market): This Legislative Brief Is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. 2013 Zywave, Inc. All rights reserved. EEM 4/13 7,010.4 (Compliance Checkii st U Review your plan's limits on cost - sharing to make sure they comply with ACA's limits on cost - sharing, effective for the 2014 plan year Vila trill 1,r. _('oe (v? for rliiv of Atlantic Beach's 91,101/ 2014 Operr grwo(Ijnent., Comprehensive Benefits Package Starting in 2014, Insured plans in the individual and small group market must cover each of the essential benefits categories listed under ACA. This requirement does not apply to grandfathered plans, self- funded plans or insured plans In the large group market. CI If you have an insured plan subject to ACA's comprehensive benefits package mandate, confirm with the health Insurance Issuer that the plan will cover the essential health benefits package, effective for the 2014 plan year. This will be effective For City of /)ijla,itic !leach's 01/01 /2O1 S ()perr 1=trrnlhrtent. WELLNESS PROGRAM INCENTIVES Under current law, the reward under a health - contingent wellness program Is limited to 20 percent of the cost coverage. Health - contingent wellness programs require individuals to satisfy a standard related to a health factor In order to obtain a reward (for example, not smoking, attaining certain results on blometric screenings or meeting exercise targets). For 2014 plan years, the maximum permissible reward Increases to 30 percent of the cost of coverage, In addition, proposed regulations would increase the maximum permissible reward to 50 percent of the cost of health coverage for programs designed to prevent or reduce tobacco use. More guidance is expected on the reforms for wellness programs. El For a health- contingent wellness program, confirm the program complies with current law and consider whether to Increase the reward h 2014. This wi 1 e effective or C t of A tic Beac is 0 h 2O 4 O. en E wollr e r` C n t el a ess Incen 1 es e a 17 1 ce. REINSURANCE FEES Health insurance Issuers and self- funded group health plans must pay fees to a transitional reinsurance program for the first three years of health Insurance exchange operation (2014 - 2016), The fees will be used to help stabilize premiums for coverage In the individual market. Fully Insured plan sponsors do not have to pay the fee directly. Certain types of coverage are excluded from the reinsurance fees, Including HRAs that are integrated with major medical coverage, HSAs, health FSAs and coverage that consists solely of excepted benefits under HIPAA (such as stand -alone vision and dental coverage). The reinsurance program's fees will be based on a national contribution rate, which HHS will announce annually. For 2014, HHS has proposed a national contribution rate of $5.25 per month ($63 per year), The reinsurance fee Is calculated by multiplying the average number of covered lives by the national contribution rate. Additional guidance is expected to be Issued on this fee requirement, © Review the health coverage you provide to your employees to determine the plan(s) subject to the reinsurance fees, city of lltratZfic Beach is HI I Insured --. fees will be paid by insurance carrier. EMPLOYER "PAY OR PLAY" MANDATE Effective Jan. 1, 2014, employers with 50 or more employees (Including full -time and full -time equivalent employees) that do not offer health coverage to their full -time employees (and dependents) that is affordable and provides This legislative Brief Is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. Q 2013 Zywave, Inc. All rights reserved. EEM 4/13 3 2 O 14 t oiilci<j 111.Pdilta ".i II- e1� minimum value will be subject to penalties if any full -time employee receives a government subsidy for health coverage through an Exchange, The sections of the health care reform law that contain the employer penalty requirements are known as the "shared responsibility" provisions. • The penalty amount for not offering health coverage is up to $2,000 annually for each full -time employee, excluding the first 30 employees. Under proposed IRS regulations, an employer would not be liable for this penalty If it offers coverage to all but 5 percent (or, if greater, five) of its full -time employees and dependents, o Employers who offer health coverage, but whose employees receive tax credits because the coverage Is unaffordable or does not provide minimum value, will be subject to a fine of up to $3,000 annually for each full -time employee receiving a tax credit, with a maximum annual fine of $2,000 per full -time employee (excluding the first 30 employees), The IRS provided safe harbor guidance for employers on determining who is considered a full -time employee (and must be offered coverage), along with how to measure a plan's affordability and how penalties will apply when there is a waiting period for coverage. Guidance has also been Issued on ways to determine a plan's minimum value, including a minimum value calculator, The IRS also proposed transition relief for non - calendar year plans, or fiscal year plans. fl Count the number of your employees to determine If you are a large employer subject to ACA's shared responsibility provisions. City of.4tiontic Repels is considet'etl p Larrle htIa > a1+'eI. El If you are a large employer, take the following additional steps: o Determine whether health coverage is offered to substantially all full -time employees and dependents; o Assess the affordability of the health coverage under one of the IRS' affordability safe harbors (Form W -2, rate of pay or federal poverty line); o Review whether the plan provides minimum value by using one of the three available methods (minimum value calculator, safe harbor checklists or actuarial certification); and o If you have a fiscal year plan, determine If you qualify for the transition relief for plan years beginning in 2013. This If he effccti a for- Cit o f _' i 'lurch'. 0 220J i] 1en Enrollment. REPORTING OF COVERAGE Effective For 2014, ACA requires health Insurance issuers and sponsors of self- Insured plans that provide "minimum essential coverage" to report certain health coverage information to the IRS. A separate IRS reporting requirement will apply to large employers subject to ACA's shared responsibility rules. Large employers will have to report Information on the design and cost of their plans, applicable waiting periods and employees covered by the plan. It is expected that the IRS will use this Information to verify data related to ACA's individual and employer mandates. The first Information returns under these new reporting provisions will be due in 2015. Further guidance on these new reporting requirements is anticipated. 0 In 2015, provide required information regarding plan coverage and participation in accordance with information return requirements. This will he effective for city of fMla tic ilegclr'. 01/0.112D1—;0M, Enrollment. More information Co, thcorninrt, This Legislative Brier is not Intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel For legal advice. 2 013 2ywave, Inc. All rights reserved. EEM 1/13 4 ATLANTIC BEACH POLICE DEPARTM ENT Budget Workshop August 13, 2013 Personnel 1. FY 2014 Authorized for 28 officers 2. Officers are assigned to the following Divisions: A. Patrol — Includes Community Oriented Policing (COPS) S. General Investigations C. Crime Suppression Unit (CSU) ATTACHMENT B 1 Fire /Rescue Services Contract with FRO beginning in 1999 $1,022,318 for ABFD in 1998 First year of contract cost was $742,807 Savings of $279,51 1 3% increase each year Personnel cont. r r w Civilian Staff 11. Fifteen total, 3 of which are part time only 2. Assigned to the following Divisions: A. Emergency Dispatch S. Records (includes property and evidence) C. Animal Control D. School Crossing Guards 2 Lifeguards Seasonal April through September City of Jacksonville will contribute $170,779 for personnel and operating expenses per the Interlocal Agreement: FY 2014 personnel and operating expenses will be $203,354 Pedestrian/Bike Safety Identified in 2012 as the Commission's number 3 priority in strategic planning Study was completed by Police Department and presented last year Accident History Evaluation of intersections Engineering, Education and Enforcement Majority of all accidents occurred at intersections with State Routes FDOT Engineers completed evaluation of intersections and found no deficiencies 3 Pedestrian/Bike Safety cont... Added horizontal striping to crosswalks Cannot add in-street or other lighting at intersection crosswalks Adding signs at intersections I. Conducted two educational campaigns k Limited enforcement and warnings ► YID thru July 201 3 accidents have not decreased from 2012 Citizen Police Academy ► An 8 -12 week program that meets one evening per week (2-3 hours) and one Saturday during the program. Local residents will be taught about a variety of topics, to include: Communications Investigations Traffic /DUI Patrol Crime Prevention Firearms Defensive Tactics /Taxer /Pepper Spray 4 Citizen Police Academy Promotes open lines of communication between citizens and police officers k Local residents better understand police work in Atlantic Beach A great opportunity for the police to inform the public of what we do, the challenges we face, and obtain citizen input, assistance and support throughout the community Approximately $10 000 - forfeiture funds can be used Police Rental Space Need for additional space well documented Temporary, limited solution - doesn't solve problem r Sergeant and 4 Detectives h 500 sf proposed a Cost Initial setup - Si 3,750 switch, wiring, firewall, electrical, alarm and phones Annual - $26,600 rent, internet, phone, utilities and alarm 5 FY 2013-14 Grants Total JAG grant - $81,205 ► One full time COPs officer (salary only) One full time Crime Suppression Unit (CSU) Detective (salary only) Police Special Revenue Funds Police TrainincFund 1. Restricted funding from a surcharge on traffic citations dedicated for police training 2. Fund balance exceeds $120,000 3. Regional Training Funds —Allocated by JSO for the entire region to host classes at academy 4. All training in 2012 -13 was funded by these two restricted accounts 5. No General Fund dollars budgeted in 2313 -14 for police training 6 Special Revenue Funds cont... Radio Communications Fund 1. Restricted funds from a surcharge on traffic citations 2. May be used for the following: A. Radio airtime B. Laptop airtime C. Other related emergency communications expenses 3. Makes up 22% of total communications $87,000 budget ($19,000) Special Revenue Funds cont.. Forfeiture Funds 1. Seized money and other assets that have been used in the commission of a felony crime 2. Most common source is from drug cases 3. Revenue is very difficult to predict 4. Expenditures are very restricted and cannot be used for personnel or other normal operating expenses 7 Atlantic Beach Police Department Questions ? ?? ATTACHMENT C 36 HUMAN RESOURCES Sue Danhauser Director of Human Resources August, 2013 HUMAN RESOURCES GENERAL INSURANCE . EMPLOYEE COMPENSATION PAY • BENEFITS 1 GENERAL INSURANCE • AUTOMOBILE • PROPERTY • LIABILITY • FIDUCIARY • POLICE STATUTORY • POLLUTION / ENVIRONMENTAL • WORKERS' COMPENSATION GENERAL INSURANCE • CURRENT FISCAL YEAR: $ 516,580 • BUDGET 2013/2014: $ 508,908 • RENEWAL: Final numbers 8/26 2 16 COMPENSATION • SALARY • BENEFITS RECRUITMENT/RETENTION •The City will need to monitor the affect of the benefit reductions and starting salaries for recruitment of qualified candidates and retention of staff. 16.006 12.0% 100% 4,0% 2,0% 0,0% Full Time Employee Turnover 15 10.0% 10,244 11,2% 10,2 0.7% ro 2000 2009 2010 2011 2017 2017 3 COMPENSATION Last pay increase for City employees was in 2008. Inflation estimate from 2008 to 2013 - 8.5% PAY STUDY RECOMMENDATIONS: 1. Adjust employees to recommended pay grade — Total Cost: — $15,400 To alleviate pay compression 1 yr - $200 2 yrs - $400 3 yrs - $600 4 yrs -$800 5 yrs - $1,000 Total Cost: « $96,800 (includes Step 1) PAY STUDY RECOMMENDATIONS: 3. Re -start the merit program. Total Costs (includes Step 1 & 2) Merit Total $156,059 $217,452 $278,846 1% 2% 3% Impact on General Fund $117,044 $163,089 $209,135 PAY STUDY RECOMMENDATIONS: % Increase to Payroll Expense 1.6% 2.6% 3.6% 4.6% Step 1 and 2 Step 1, 2 and 1% merit Step 1, 2 and 2% merit Step 1, 2 and 3% merit (1 °lo = — $60,000) 5 PAY STUDY RECOMMENDATIONS: Finally, the study recommends that a pay incentive for employees that are currently at the maximum of their pay range be given, Ex: One time bonus equal to the amount of the merit earned. 31EMPLOYEE BENEFITS 1 CITY FUNDED . Medical Coverage & Wellness Program . Life Insurance & Employee Assistance Program VOLUNTARY . Dental . Vision . Supplemental Life . STD /LTD . Flexible Spending Account . 457 Deferred Compensation HEALTH INSURANCE $900,000 $000,000 $700.000 #000,000 0509,690 #x00,600 #300,000 $200,000 *100.000 $0 City Expense for Medical -1846855 #610;124 Aetna 2000/2009 CIGNA 2009/2010 711,400 CIGNA 2010/2011 CIGNA #009,387 2011/2012 CIGNA/Fla glut 20122013 Fla glue/ 7 2013/2614 0110110 HUMAN RESOURCES COMMENTS ATTACHMENT D Supplemental List of Projects Not Included in Budget 1 Item Capital Cost !Annual Cost 'Notes 8/13/2013 A. Recruitment and Retention of Staff Pay Nan Adjustments per consultant B. Mayport Corridor/ Marsh Oaks Crosswalks; 4 Mayport Rd. locations at signals Additional Code Enforcement Welcome sign Atlantic Blvd. 1% $156,000 2% $217500 Includes pay grade changes, recommended 3% $279,000 compression adjustments and % merit $100,000 $20,000-33,000 $20,600 $23,140-$45,340 $100,000 Welcome Signs; Various Locations $11,000 Art for Atl. Blvd overpass; view from Mayport Rd. $8,000 Mayport Rd. Landscape Matching Program Incentives for Economic Development ? C. Msc. Projects Police Citizens Academy Rental Space for Detectives Grant Writer Contract Roberts St Ditch improvements Expansion of Kennel Generator for Public Works Pave Stewart St Bull Park Gazebo Sound system improvements for Commission Chambers, other locations East Coast Dr. Streetscape Seininole Rd. streetscape project Fountain Project; Mayport Rd. Rose Park playground equipment Russell Park Tennis Court reconstruction $13,750 $100,000 $40,0001 $50,000 $35,000 $40,000 $15,500 $79,000 $250,000 $5,000 $40,000 $0 Proposal from Comm. Daugherty 2005 plan for "Beach Chair" sign from Tat Chan; 50% from CONB? 3 locations; Flyover Median, Dutton Isle Rd. and Flyover Ramp Matching program for businesses to improve $10,000 their landscaping $7,500 $26,600 Yearly contract to handle all grants per $48,000,Langston 5/28/13 Note possibility of FDOT paying for half of this project; $50,000 Not yet determined 1st year cost in overtime; can be paid from forfeiture funds directional speakers and 8 wireless microphones for chambers, plus mobile equipment for other locations. Decorative sidewalks, streetlamps, up electric $300' services; add $300/year for electric cost pervious pavers for parking, decorative Ilstreetlamps, bioswale, ug electric; add $1,500/ $1,500 year electric cost 1Hoffman proposal/ operating expense for power and maintenance. 5K is net of $2,500 contribution by private group; total cap. Cost $1,500$7,500. Over budget for FY13 funds New surface can be included in $100,000 'already in proposed FY 14 budget ATTACHMENT E Amendments Made to Proposed Budget by Commission at 8/13/13 Workshop Item Cost Fund Notes 1. Pay Plan Implementation $217,500 Various $163,857 to General Fund to come from Gas Tax Fund (50 %) and remainder from General Fund Balance; show in 10 -year plans also. 2. Welcome Signs $11,000 General Fund 3. Mayport Rd. Landscaping Matching Program $6,500 Tree Fund Not added to budget, just identified the project to spend the funds on. 4. Citizens Police Academy $7,500 Forfeiture Fund Transfer funds to Patrol Division of General Fund for Academy. 5. Rental Space for Detectives $40,350 General Fund $13,750 to be one -time capital costs and $26,600 for rental 6. Roberts St. Ditch Improvements $50,000 General Fund Total project est. $100,000 but 50% to come from FDOT. 7. Expansion of Kennel $40,000 General Fund 8. Bull Park Gazebo $40,000 General Fund 9. Sound System Improvements $15,500 General Fund 10. EC Drive streetscape $79,000 General Fund 11. Seminole Rd. Streetscape Project $250,000 1/2 Cent Sales Tax Scope of project still to be approved by Commission. Ped path, swales were main topic of discussion. 12. Fountain Project; Mayport Rd. $5,000 General Fund Note additional $2,500 to capital cost to come from private sources. Total capital $7,500. 13. Rose Park Playground Equipment $40,000 General Fund Notes: *1; $335,987 available in Half Cent Sales Tax Fund. Other funding source for capital projects to be created by eliminating restriction of $300,000 for fire truck purchase in General Fund. l *2; Move $82,000 of resurfacing budget to Half Cent Sales Tax Fund, then transfer similar amount from Gas Tax to the General Fund to pay for the pay increases. This should also be carried forward through the 10 year plans of both funds. MINUTES OF SPECIAL CALLED (SHADE) MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON AUGUST 26, 2013 PRESENT: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Carolyn Woods Commissioner Jonathan Daugherty (arrived at 5:50 pm) Commissioner Mark Beckenbach (arrived at 5:50 pm) ALSO: City Manager Jim Hanson Human Resource Director Sue Danhauser The Mayor called the meeting to order at 5:47 p.m. in the City Hall North Conference Room for the purpose of discussing matters related to Union negotiations with the Coastal Florida Police Benevolent Association, Inc. (PBA) and the Northeast Florida Public Employees Local 630 (Blue Collar) Unions. The meeting was adjourned at 6:17 p.m. Mike Borno Mayor/Presiding Officer ATTEST Donna L. Bartle, CMC City Clerk MINUTES OF SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON AUGUST 26, 2013 PRESENT: Mayor Mike Borno Mayor Pro Tem 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. Item 2 was taken out of sequence and acted on at this time. 2. ORDINANCE NUMBER 90 -13 -219, Public Hearing and Final 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 Ordinance No. 90 -13 -219 by title. Motion: Approve Ordinance No. 90 -13 -219. Moved by Mark, Seconded by Commissioner Beckenbach stated point of order. He asked that the discussion with Marc Hudson regarding the conservation easement, being the number one item on the agenda, be the first order of business. Mayor Borno stated since he would like to make that request he will back up from the Ordinance and ask Commissioner Mark to recall her motion. Commissioner Mark withdrew her motion. 1. Discussion with Marc Hudson regarding Conservation Easement. Commissioner Mark stated she has a problem with this being on the Special Called Meeting because it is not germane to what the Special Called Meeting is about and there is no action being taken on the Conservation Easement tonight and it is on the workshop agenda. She would agree to move it up in the order on the workshop agenda but she stated she does not believe it is appropriate to be within the this Special Meeting provisions. Commissioner Beckenbach stated then he would ask for a motion to adjourn this meeting and move over to that meeting in order for them to have that discussion on this and then come back to this special meeting. He stated, either way, before they have a vote on this ordinance, he would like to understand where they are on the conservation easement. Commissioner Mark stated the conservation easement has nothing to do with this ordinance and the zoning. Commissioner Woods stated it is on the agenda. Commissioner Mark stated it is on the Workshop agenda and should not be on the Special Meeting agenda. Commissioner Woods stated, but it is on the agenda. Commissioner Beckenbach stated he would like a vote on whether or not to consider it. Discussion ensued. Motion: Hear the Discussion from Marc Hudson regarding the Conservation Easement Moved by Beckenbach, Seconded by Woods Mayor Borno stated taking into effect that this conservation easement is in preparation, the City hired Mr. Hudson to do a review and he has been working with representatives from all the parties working out the parameters. He stated it is a work in progress and is still to be put in another draft to come back and be worked on. He stated it is his understanding it has nothing to do with this ordinance and whether we approve the zoning of this 20 units into a SPA. He stated it is in negotiation at some point and he is sure it will be involved in future negotiations. Commissioner Beckenbach stated he is not very knowledgeable about conservation easements and we have Mr. Hudson as a consultant for the Commission and he has yet to hear from him in a meeting pertaining to Selva Marina Country Club or anything that has been negotiated and, although Commissioner Mark is the liaison, he has not heard what has gone on in the recent past pertaining to the negotiations and his constituents have asked him what is going on. He stated it is very difficult to tell them he has no idea and, as far as the conservation easement, it is very important to him to find out how far along we are with it before we end up voting for 20 more houses. Commissioner Mark stated she appreciates that but the very first draft of the conservation easement has only been vetted this past week. She stated it is not in any kind of form yet to be discussed. She stated it will be coming back again with those recommendations from that meeting. She stated Mr. Hudson was in that meeting. Commissioner Beckenbach stated he would like to have an open discussion with Mr. Hudson pertaining to that. Commissioner Mark stated she is not debating that it can be discussed; she is concerned about where it has been placed on the agenda when it is already on the workshop agenda, which to her is the proper place for the discussion. She stated that is a workshop agenda item, not part of this Special Meeting where action from the Commission is required. Commissioner Daugherty stated it is on the agenda and is the first thing on the agenda and he believes it does have some bearing on Item 2 and would like to hear it before that. He stated he would like to call the vote on the question. -2- Motion: Call the question. Moved by Daugherty, Seconded by Woods Votes: Aye: 3 — Beckenbach, Daugherty, Woods Nay: 2 - Borno, Mark MOTION CARRIED Commissioner Beckenbach asked that Marc Hudson come on up and answer some questions. Mayor Borno stated they are in discussion before they call anybody up and that is his privilege when he is ready. He stated there is a motion and a second on the floor for a discussion with Marc Hudson regarding the conservation easement. He stated as they have said before, it is a work in progress, it is not completed and it is totally wrong to have one party discuss it; if they are getting into negotiations, they should have the other parties involved. He stated they should all be up here and asked why do they have staff and a liaison and the developers in meetings. Commissioner Woods stated that is her point exactly. She stated Commissioner Mark is our liaison and is supposed to be representing what the Commission wants to happen and if she is not having discussions with the Commission about what the Commission wants then she can only be representing her point of view and not the entire Commission's point of view. She stated if the Commission is not aware of issues that have come up with the conservation easement they can't have input to give her to carry on the Commission's point of view. She stated she does not believe they said, by making Commissioner Mark the liaison, that she gets to do all the negotiating and make all of the decisions for the Commission. Commissioner Mark stated the Commission has thoroughly discussed what they want as far as the protection on this green space. She stated her understanding is that they want the green space kept as green space and should it cease to be a golf course that it is protected so it cannot be developed in perpetuity and it will allow some low impact amenities in the event it does become green space where they could put trails, etc. but no major hardscape structures. She stated all the parties have agreed to those restrictions under that conservation easement and all they are doing now is refining that language to ensure those protections are put in the plan. She stated all sides have agreed to those conditions. She stated if Commissioner Woods thinks she is only representing her own interest then she takes offense to that. Commissioner Woods stated that is not what she said. Commissioner Mark stated they have already discussed this and she believes she is carrying out the Commission's desires. Commissioner Woods stated then there should be no issue with Marc Hudson speaking. Commissioner Mark stated she has no issue with Mr. Hudson discussing this at the workshop; she has an issue with where it is. Commissioner Woods stated they have already decided on that question. Commissioner Mark stated the 3 -2 vote was whether to call the question. Discussion ensued. City Attorney Alan Jensen stated the question has been called, and as far as the rules for the City Commission it says the Commission sets its own rules and there are no rules on a Special Called Meeting other than who can call them. He stated there is a motion pending by Commissioner Beckenbach, seconded by Commissioner Woods that you proceed with the discussion with Marc Hudson; that is what is on the floor and the question has been called. Votes: Aye: 3 — Beckenbach, Daugherty, Woods Nay: 2 - Borno, Mark MOTION CARRIED Commissioner Beckenbach stated Marc Hudson, who is a consultant for the Commission, went to the meeting where there was a conservation easement discussed and asked him to explain what transpired. Mr. Hudson stated the document as set forth was called a conservation easement and was very similar to a conservation easement in many ways but was not a conservation easement. He explained the definition of a conservation easement and the difference between that and a covenant. Commissioner Beckenbach stated the Commission was asking for a conservation easement. Mr. Hudson explained a conservation easement has an implied public benefit where a covenant is a contract that applies to the title of the property between two properties, so there is no necessarily implied public benefit. He stated currently the conservation easement as written is controlled by the master agreement regarding the termination clause. He stated in this draft they are using the term recreation and green space easement at this time which they are hoping clears up the confusion about whether it is a conservation easement or not. He stated normally the only method of termination of a conservation easement is by the entity that holds the easement, which would be the City of Atlantic Beach. He stated typically that is only defined in the situation where the public benefit ceases to exist or there is a greater public benefit to be had. Commissioner Woods stated what the City is looking for is reassurance that what we are getting is a true conservation easement and not a deed restriction, etc. Mr. Hudson stated on his redraft he has tried to capture that the easement can only be terminated in a situation where it ceases to be a public benefit or a greater public benefit can be achieved. Discussion ensued. Mr. Jensen explained this is not a covenant and it is not a restriction; that is not the intent of any of the parties of this easement. He stated it is going to be an easement. He stated when they met with everybody last week they went through the first draft of the easement, paragraph by paragraph, and there were a lot of things they agreed could be changed, added to, things from the statute that may not particularly apply to this situation, etc. He stated this is a conservation easement on private property outside the City of Atlantic Beach. He stated there is public benefit to our citizens surrounding that but this isn't the typical situation where you have public property being preserved. He stated they all had a consensus at that meeting that what it is called doesn't define what it is because what is in the agreement will say what it is and they can build in the language from the statute as far as enforceability, etc., but it is a work in progress. He stated it is being redrafted, taking all of that into consideration. He stated he asked T.R. Hainline, the attorney for the owners and developers, if his reading of the first draft was correct, that the only way it could be terminated by the owners of the property was if the City did not do what they are supposed to do under the agreement and he was told yes. He stated all we have to do is keep our side of the agreement and it is perpetual. Mr. Hudson stated he has not been involved with all of the negotiations and he believes what is important is that they have gotten to this point because there was some confusion about what a conservation easement meant but now they know. Further discussion ensued. Commissioner Woods recapped stating what she has heard is that the Commission really wants this easement to stand up to statute law and what she is hearing from Mr. Hudson is that it is not quite there yet. Mr. Hudson stated it does meet the law; it just doesn't meet the conservation easement statute. Commissioner Woods stated that is a problem for her and it is better to get that out front in the -4- negotiations instead of at the end of the negotiations. Mayor Borno stated that Mr. Hudson said it doesn't meet the conservation easement court of statute and asked if everything in the statute has to be verbatim. Mr. Hudson stated no, it is not verbatim; in fact the way it is written is intentionally in an open manner He stated certain key things, i.e. those rules by which you are allowed to terminate the easement, is the most significant difference parting from the conservation easement statute. Further discussion continued. 2. ORDINANCE NUMBER 90 -13 -219, Public Hearing and Final 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 Ordinance No. 90 -13 -219 by title. Motion: Approve Ordinance No. 90 -13 -219. Moved by Woods, Seconded by Mark Mayor Borno explained the ordinance is amending the zoning for the country club to allow an additional 20 units to be built. Mayor Borno opened the Public Hearing. Richard Selby, 3 Forrestal Circle North, stated they are going to spend $1 million to build a water reclamation plant just for that area. He stated members of Selva Marina Country Club are going to get the first bid on property over there and we have members of the country club on the Commission so there is a conflict of interest. He asked what is the benefit to Atlantic Beach; there is no fairness here. He asked what the developer is bringing to the table. He stated from reading the paper anybody who is a member of the country club would have first bite at the apple so it would only behoove them to vote for this because if they do they get the first crack at it. He stated that doesn't seem to be a fairness issue there at all. He stated it is not making a lot of sense to move forward with this whole project. He reiterated it doesn't make a lot of sense that they would be voting on something when they have members sitting here on this Commission that will be the first in line. He stated they have the advantage over anyone else because they are a member. Mark Tomaski, 448 Snapping Turtle Court West, stated sitting and watching the Commission tonight did not give him much confidence. He stated he is disappointed in this Commission because they are making decisions when they don't have all the facts. He stated for the Mayor to insist they just push forward makes him even more upset. He said for them to make decisions and not know the facts, not see all the details and just go on the idea that we are going to work on good will is not a way to run a City, a corporation, or your home. He stated they are at that point where they need to back up -5- and not feel like they are dealing with a used car salesman; you have to buy it today. He applauded Commissioner Beckenbach for bringing this up tonight and hoped the Commission takes some time to step back a little and see what it is that is really going on and if it is in the citizen's best interest. No one else from the audience spoke so the Mayor closed the Public Hearing. Mayor Borno stated misinformation or lack of understanding the information has been addressed to them. He stated it is not specific to this issue of rezoning they are dealing with and it mixes apples and oranges and confuses things. He stated if anyone wants to speak to him at a later time he will be glad to share everything he has learned. Commissioner Daugherty stated he has heard a lot of concern about how fast this is happening and believes the Commission has bent over backwards to facilitate them in getting this done in time for the golf course to be planted, etc. He stated he is still concerned about traffic and the impact to the five - way. He stated, as Mr. Selby asked about what do they bring to the table, the only thing they have brought to the table is this conservation easement. He stated that is the only reason he voted to approve the SPA and he believes it is time to pause and hold back and see where the conservation easement goes and make sure they have that in writing because that is the main thing they bring to the table. He stated it is not the Commission's job to make sure Selva has the ability to finance a new country club. He stated he is concerned about the impact on the people on Selva Marina Drive. He stated for the developer to say that is just a collateral for this loan; there is nothing in this that says it's collateral and that there is a reverter clause if they pay back the loan. He stated there is nothing that protects the City against those 20 more units being developed and believes it is very irresponsible for them to approve this at this time. Commissioner Mark stated she is shocked and appalled at what Commissioner Daugherty just said She stated they need to examine what the alternatives could have been on this piece of property. They could have just said they were going to leave it in Jacksonville, develop it to the maximum, highest and best use of that zoning and we would have had very little they could have done or have any kind of influence over what they wanted to do with that piece of property. She stated she believes the developers and the club have done an extraordinary job in assuring they have the least amount of density they could build in order to make the club financially viable, to have the least amount of impact on the City; they have agreed to annexation, to have another entrance in and out of Selva so it doesn't have such an impact on the roads, to put a conservation easement over about 100 acres that is still private property; they have agreed to all the Atlantic Beach zoning requirements even though that property still has not been legally annexed yet into Atlantic Beach; we are getting the benefit of the tax revenue; and we will be getting an increase in our Community Block Development Grant because of the per capita basis, so for Commissioner Daugherty to say the developers are not bringing anything to the table, she is shocked. She stated we are fast tracking it because they are under their own financial strain to get this going and the Commission all knew, going into this, what this timeline was and we went into this wide open and she does not believe there have been any surprises, underhanded deals, or anything they have not been completely upfront with us about. Mr. Hanson stated the Commission put this as a primary item in the previous year's strategic planning after people approached us asking what was going to happen if they went bankrupt and it is sold off and can be developed. He stated it certainly is not something that has raced ahead. He stated the developers of the country club have told the Commission that the timing is dependent on the growing -6- season and if they can't get this done in accordance with that timing it will cost them a year and they may not be able to survive a year. He stated he agrees that it has gone pretty quickly but the timeframe is sort of out of our hands. He stated Commissioner Mark and he have been trying to work with them to get this so it is in a position to get in front of the Commission for some time, based on that timeframe and based on the Commission putting it in strategic planning He stated it is still one of the top priorities of the current year's strategic plan and he sees it as his goal to get this done. Discussion ensued. Mr. Jensen explained the zoning they are considering does not have anything to do with collateral. He stated the conservation easement is going to be on the golf course property that they have already approved the SPA on. He stated this additional property is not under the conservation easement so it won't be burdened by the conservation easement. Discussion ensued. Mr. Jensen explained about putting a moratorium on the implementation of the zoning. Commissioner Woods called the question. Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED Mayor Borno asked that the roll be called for the vote. Roll Call Votes: Aye: 4 — Woods, Mark, Beckenbach, Borno Nay: 1 - Daugherty MOTION CARRIED There being no further discussion by the City Commission, Mayor Borno declared the meeting adjourned at 7:58 p.m. Mike Borno Mayor/Presiding Officer ATTEST Donna L. Bartle, CMC City Clerk MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON AUGUST 26, 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 September 9, 2013, was called to order at 8:03 p.m. by Mayor Borno. Workshop -only Items: 1. Presentation by Harden & Associates on the Property & Liability Insurance Renewal. Human Resource Director Sue Danhauser introduced Shaun Woleshin of Harden & Associates. She stated they went out to market and the City will be saving $41,590 from last year and will also be getting additional coverage for our flood insurance. She stated we will be changing our Workers Comp to FMIT, which is a subsidiary of the Florida League of Cities. She stated the premium will be $117,608 for Workers Comp and last year's was $139,727. Mr. Hanson complimented Harden & Associates stating they have done a great job with this. Mr. Woleshin thanked Sue Danhauser, Donna Kaluzniak and Jim Hanson for working hard with them in analyzing the assets of the City and making sure they put in a process that delivered the best results for the City. He stated stimulating competition with FMIT and PGIT was another big factor that drove the results positive this year. *Discussion of Agenda Items on September 9, 2013 Commission Meeting: 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. There was no discussion on this item. 2. Courtesy of Floor to Visitors Ray Brown, 523 Clipper Ship Lane, addressed the Utility Sales Report stating the information presented is totally useless when it comes time to evaluate the performance of the department. He made the following recommendations for changing the report: make it Minutes — City Commission Workshop August 26, 2013 Page 2 an annual report covering the current and preceding years and publish it every quarter; water production section should include system capacity, volume produced, cost to produce that volume, volume sold, sales dollars generated and production volume per man-year worked; water distribution system section should include incidents handled and man-year of labor used to address those incidents; the sewer treatment section should include system capacity, amount treated, cost to treat, sales dollars generated, and treatment volume per man -year worked; and the sewer collection system should include incidents handled and man-years of labor used to address those incidents. Further he proposed adding a new section called improvement, which should include a discussion on procedures, processes and programs being evaluated to improve the efficiency of the department along with projected implementation dates and anticipated savings. He stated adopting this report will allow the citizens to determine if the department is achieving their stated objectives for optimum efficiency with minimal staff. 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report. None. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the 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. Director of Public Utilities Donna Kaluzniak explained the bid, stating she is recommending approval of the low bid. 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. Commissioner Daugherty asked if they had bid this out. Mr. Hanson stated they did not reprice this contract this year and it is the same price as last year. Minutes — City Commission Workshop August 26, 2013 Page 3 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. City Manager Jim Hanson stated staff recommended they not renew the current contractor because we are not getting very good service. He stated the lowest bidder was out of state and explained why they do not feel they are in the City's best interest and stated staff is recommending the next lowest bidder, Supreme Janitorial, which is a Jacksonville company. He brought to the Commission's attention that the President of the company is Richard Clark, stating that had nothing to do with the selection because staff does not pay attention to who is the president when selecting a company. Discussion ensued. F. Reject all bids for Concrete Repairs for Public Works/Utilities Department (Bid No. 1213 -08). Director of Public Works Rick Carper stated he is recommending rejecting the bids because his bid form was unclear, explaining they have revised the bid form and it is very clear now what the bid will be awarded on. He stated the Commission does not have to approve rejection, he just has to notify them that he is doing this. 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. 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. Finance Director Nelson Van Liere stated this is the staff report that gives the tentative millage rate which will be set in the second meeting by resolution. He further summarized his staff report and the Ordinance. Commissioner Daugherty stated he will bring something back at the next meeting related to increased raises for our lower paid employees. Mr. Van Liere explained it wasn't just a 2% raise, it was the implementation Minutes — City Commission Workshop August 26, 2013 Page 4 of the new pay grades and the compression elimination, for which some of those employees will receive $1,000. Commissioner Mark added that if an employee is not at their midpoint of their salary range, they will get the 2% based on that midpoint of their salary. Mayor Borno stated that is above and beyond what they are looking at in the budget and where they are at and it is an addition to the pay and review study and is something that needs to be addressed in that venue. He stated he sees what Commissioner Daugherty wants to do but it opens another door that they have to address, i.e. whether they are going to have another pay review, etc. Commissioner Daugherty stated this is something he is working on with Sue Danhauser which is why he doesn't have a spreadsheet to show them, but hopefully before the next meeting he will have that. He stated it has been a long time since the employees have gotten raises, the CPI is out of control and a 2% raise for someone who makes $30K a year isn't as beneficial as a 2% raise for someone who makes $80- 100K/year. He stated maybe they can afford to do a little more. Commissioner Woods stated that would be a budget amendment. Mr. Van Liere pointed out that a lot of the employees he is talking about are about to go through Union negotiations as well, which is where that would most likely come up. 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. Discussion ensued regarding the parking ticket prices. Mayor Borno pointed out a scrivener's error on the second page stating untended should be intended. Chief Classey summarized his staff report and explained this is a new ordinance and they will issue warnings prior to citations. 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. Mayor Borno explained this is a quasi judicial hearing and will be discussed at the public hearing. City Attorney Alan Jensen reminded the Commissioners will have to disclose at that hearing any ex parte communications they may have received about this appeal prior to the hearing. Mr. Hanson asked if somebody approached a Commissioner prior to going to the Community Development Board would the Commissioner still have to report that conversation. Mr. Jensen stated no because there was no appeal at the time. 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. Minutes — City Commission Workshop August 26, 2013 Page 5 Mr. Hanson stated the developer has withdrawn this request because they have redesigned the building and are going to keep it within 35 feet. C. Agreement with St. Johns River Water Management District for Construction of Reclaimed Water Facilities. Ms. Kaluzniak explained this is the agreement for the grant we received. She stated it was a 40% grant in the amount of $442,000 and we need to get them a copy of the signed agreement before October 1, which is why she wanted to get it on the next agenda. She answered questions from the Commission. D. Renewal of City Property and Casual Insurance. This item was discussed earlier in the meeting. E. Proposed Ordinance for Florida Friendly Fertilizer Use. Mr. Carper explained a Florida - friendly fertilizer control ordinance is required by the Municipal Separate Storm Sewer System Permit. He showed slides of the proposed fertilizer ordinance explaining this applies only to commercial and institutional applicators. He answered questions from the Commission. Discussion ensued. 9. City Manager A. City Manager's Report. City Manager Hanson stated he was advised by Fleet Landing of a request for a new bond issue. He stated the obligation to repay these bonds is solely on Fleet Landing and the City is in no way guaranteeing that repayment. He stated they requested that this is approved at the September 23 meeting and they have a special meeting already scheduled for the second reading of the budget ordinance because it has to be adopted prior to the end of the fiscal year. He stated the schedule would be that they would come to the Commission on September 9 and would be in addition to the agenda in front of them, but they would only brief the Commission and then the approval of the resolution that authorizes them to issue bonds would be put on the September 23 special meeting. 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 explained his request stating he is asking for concurrence from the Commission on which evaluation form they would prefer. Discussion ensued. Commissioner Mark suggested that the HR Director come up with a set of forms for them to use. Commissioner Beckenbach stated he wanted input as to whether they are interested in the numerical rating or the verbal rating and then they could have the HR Director tailor them to all three positions. He stated that way they are individually evaluating them one on one and then at the end it will be put in their folders to be used for contracts, increased salaries, etc. Mayor Borno stated he is in full agreement that it Minutes — City Commission Workshop August 26, 2013 Page 6 should be private one on one. Commissioner Woods suggested, rather than using our HR Director, that they adapt forms that have been specifically developed for their professions through their specific organizations. Commissioner Woods stated she preferred the evaluation form with words instead of numbers. Mr. Hanson stated he feels strongly that each of them being evaluated should have some input on the evaluation form. He stated one concern he would have is that the elected officials filling out these forms are going to think more about the media coverage than they are about having honest discussions which is why he is concerned about having this done in public. He stated he believes they can get valuable one on one discussions and feedback from the staff that they will not get when they do this in a written format that is just turned into the Mayor. Commissioner Beckenbach stated he understands where he is coming from but at the same time this is the position he is in; he is a City Manager of a public entity. He stated there have been no evaluations for the past 14 years that he has been City Manager that he can review. Discussion ensued. Commissioner Mark stated when they agree to do something like this they really need to think about it and take into consideration what is driving it and do they want to have the three appointed positions to have a fair, unbiased, objective review and evaluation. She further stated if they are going to have a true evaluation of performance then the Commission also needs to have a self evaluation of their performance as Commissioners. She stated they need to work out what their goals and objectives are for themselves and then marry those with the goals and objectives set for these three appointed positions. She stated the form is the last piece of this; it is the preparation to get to the form that they need to work on before they even get to what the form is going to look like. She stated she believes it is the process that they need to fully discuss and understand what they want to achieve. She stated she would like to have evaluations and this could be part of the strategic workshop every year when they are setting goals for the City. She stated she believes it is a little bit deeper than just picking out a form. Mayor Borno stated each year he has reminded himself that it is due to have a one on one. He stated he looks at the Florida ICMA guidelines. He stated they also have to keep in mind the criteria that are in the contracts so they don't get outside the parameters of what they were hired to do. Commissioner Beckenbach stated he is not saying this has to be done tomorrow but there definitely should be a review eventually. He stated he has no problem working on it and coming up with something that is reasonable not only for the Commission but for the three individuals who are working with the Commission. B. Board Member Review Committee Recommendations for Appointments to the Code Enforcement Board. There was no discussion on this item. C. Reconsideration of Ordinance 5 -13 -30 to dissolve the Code Enforcement Board and authorize creation of one or more special magistrates. Commissioner Daugherty explained he was not at the meeting when this was discussed and wanted to see how the Commission felt on this. Mayor Borno stated he has been gathering information on this and there is a tremendous movement going in that direction. Commissioner Daugherty stated he has spoken with the Code Enforcement Officer and Minutes — City Commission Workshop August 26, 2013 Page 7 she is a huge proponent of this. Discussion ensued regarding the Special Magistrate. Mr. Jensen stated the Code Enforcement Board is very good but one of the problems is that they are not uniform in their decisions. He stated he does not have any experience with special magistrates but the Code Enforcement Officer Debbie White has a lot of experience because that is what they do in Jacksonville Beach. He stated from everything he reads, as the Mayor stated, more and more cities are going with that because it is more efficient, more uniform, they are prepared to deal when people show up with lawyers, etc. Mayor Borno stated this is not against the Board; that is not why he brought this forward. He stated there is a change in times and it does give uniformity. Mr. Jensen stated he believes a magistrate could go through the cases a lot quicker, than a 7- person board. Further discussion ensued. Commissioner Daugherty stated if the Commission agrees now that they don't see a problem with the current situation, then when this comes up he will withdraw it. D. Continued Discussion as to the Potential Renovation and Additions to the Present COAB Police Station. Commissioner Beckenbach stated previously the Commission decided they were not going ahead with the original plan from ADG. He stated the second thing was encroachment on the park and most of the Commission agreed there should not be encroachment on the park. He stated encroachment to him means that a foundation that is over on the west side is going to move everything over into the park and taking anything out of the green space of the park, to him, is not acceptable. He further discussed renovation of the current building, a space /needs assessment, and determining the amount of money they are willing to spend. He asked if the Commission wants to move forward. Discussion ensued. City Attorney Jensen stated during the first 45 minutes of the meeting tonight the two ladies over there trying to keep minutes could not keep minutes because everybody was talking over everybody. He asked that they please remember the rules that they established so the clerks can take the minutes and so everybody is not talking at the same time. Mr. Hanson stated this may be a waste of time to talk about this tonight. He stated the new Commission may want to do something entirely different from the road the last Commission took. He stated the election is tomorrow and believes any road they start down without all of the new Commissioners being part of that road and establishing that road map will probably be a waste of time. He suggested they should wait until the new Commission is elected to decide what they are going to do next. E. Explanation as to which recommendations from Marc Hudson are being considered for the Conservation Easement for Selva Marina Country Club. This item was discussed during the Special Called Meeting. There being no further discussion by the City Commission, Mayor Borno declared the meeting adjourned at 9:41 p.m. Minutes — City Commission Workshop August 26, 2013 Page 8 Mike Borno Mayor Donna L. Bartle, CMC City Clerk *Formal action (if needed) will be taken at the Commission Meeting of September 9, 2013. MINUTES OF THE SPECIAL WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON SEPTEMBER 10, 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 Nancy Bailey, Recording Secretary Others: Pete Rodriguez, Treasurer, Selva Marina Country Club Mike Carlin, President, Selva Marina Country Club Rick Wood, Atlantic Beach Partners T. R. Hainline, Atlantic Beach Partners Leed Silverfield, Atlantic Beach Partners Marc Hudson, North Florida Land Trust Laura Ferrante, Board Member and Counsel for Selva Marina Country Club and Atlantic Beach Country Club The meeting, which was held to review the Master Agreement and Recreation & Greenspace Easement with Atlantic Beach Partners and the proposed reuse rate structure, was called to order at 3:05 p.m. by Mayor Borno. He announced that we were testing our new video and audio system that has been installed in the Chamber. Everyone at the table introduced themselves. Jordan Marshall, Legal Intern with North Florida Land Trust was in the audience. 1. Discussion of Recreation and Greenspace Easement. Commissioner Mark summarized they are here to try to get the Greenspace Easement and Master Agreement very close to being finalized. Mayor Borno went page by page through the Recreation and Greenspace Easement asking for any comments. Page 1 — Marc Hudson asked that a statement be included as follow: "the intent and purpose of this recreational and greenspace easement for the City of Atlantic Beach is the protection of the GC property as a scenic amenity in perpetuity ". T.R. Hainline responded he is fine with that sentence except after "in perpetuity" it would state "subject to the termination provisions below ". Discussion ensued. Page 5 — Commissioner Daugherty asked if essential services were limited to 15 % impermeable surfaces. Commissioner Mark pointed out where it stated that it was. Page 8 - 4.3. Marc Hudson stated his one concern was the calculation of the Native Tree Canopy. After discussion, all parties agreed to look at landscape architect Kelly Elmore's plans and go with what he proposes. Minutes — City Commission Workshop September 10, 2013 Page 2 Mr. Carlin reported they will close the club from an operating point of view on October 31 and, in order to get the golf course grown in, will start killing grass in September. Pages 12 -13 T R Hainline stated they will come up with the language for this before the 23`d. He stated this easement allows the City to transfer its rights and obligations under the easement to grantees. He stated if it goes to someone else then they need to know that they have a hold harmless agreement from that entity and that that entity has insurance at certain levels so they are not going to get sued if those people come out on their property and hurt themselves. He stated they will submit to the City a hold harmless insurance provision that would govern any entities to which the City would convey its rights and obligations under the easement. Page 18 — Mayor Borno pointed out a scriveners' error, Att lantic Beach should be Atlantic Beach. Changes were agreed upon and will be made available at the Workshop on 9/23/13. 2. Discussion of Master Agreement Mayor Borno went page by page through the Master Agreement asking for comments. Two scrivener's errors were pointed out on Page 6 m. — there were two periods at the end of the sentence; and on Page 14 ii. - cross out "to" after Country Club on 5th line. Discussion ensued about default by the Country Club or the City. After discussion, all parties agreed to remove "as determined by the Country Club" on page 14 under i., lines 4 and 5 and ii. 4th line; and change "or other Country Club approved water" to "or other suitable water" on the 7th line under ii. Changes were agreed upon as noted above and will be made available at the Workshop on 9/23/13. 3. Discussion of Proposed Reuse Rate Structure Mr. Hanson summarized his staff report, explaining the proposed rate structure. He stated the Country Club would not be charged for the first 18 months due to the dramatic fluctuations expected in the growing period, up to 1 million gallons /day. He answered questions from the Commission. Discussion ensued. Mike Carlin stated he really appreciates the time everyone has put into this. Mr. Hainline stated they will incorporate the changes made today and will send another draft out after seeing Kelly Elmore's plan. Mr. Hanson stated the thing that makes this Master Agreement work is when the developer buys the property. He stated they can sign it the morning after the 14th, if it is approved, but it doesn't go into effect until the developer buys the property. He stated the other piece is to be ready to build the reuse system and our engineers are very concerned about being Minutes — City Commission Workshop September 10, 2013 Page 3 able to get this done and have the reuse there by March 15, which is when they say they have to have it. He stated we will have bids taken this month and would like to have it on the Commission agenda for approval on October 14, but have a caveat on there that says they can't execute the contract or give the notice to proceed until this Master Agreement goes. He stated basically, if all of this is in place and the developer buys the property then this conservation easement becomes effective immediately; it has to be recorded, and the next morning they can issue a notice to proceed to the contractor so they can start building the reuse system and get it done on time. He stated we all have a time schedule here that we are working backwards on, trying to meet their schedule on the grass growing. Rick Wood stated the day they execute the deed they will sign the conservation easement and deliver it to the City. He stated that doesn't necessarily mean the City will be able to record it. He stated in the documents it talks about a reasonable period of time but their preference would be to have their bulldozers out there the day after they close and deliver the conservation easement to the City. He asked if it would be possible, instead of requiring the recording of the conservation easement, for it to be the delivery of the conservation easement to the City of Atlantic Beach. It was agreed that they could do that. The annexation timeframe and process was discussed. Mr. Hanson announced he just received notification that the boil water notice has been lifted. There being no further discussion by the City Commission, Mayor Borno thanked everyone for all their hard work and declared the meeting adjourned at 4:38 p.m. Mike Borno Mayor Donna L. Bartle, CMC City Clerk AGENDA ITEM # 2A OCTOBER I4, 2013 Ozoc uvtatLoi Declaring November 2013 Pancreatic Cancer Awareness Month in the City of Atlantic Beach WHEREAS, in 2013, an estimated 45,220 people will be diagnosed with pancreatic cancer in the United States and 38,460 will die from the disease; and WHEREAS, pancreatic cancer is one of the deadliest cancers, is the fourth leading cause of cancer death in the United States, and is the only major cancer with a five -year relative survival rate in the single digits at just six percent; and WHEREAS, when symptoms of pancreatic cancer present themselves, it is late stage, and 73 percent of pancreatic cancer patients die within the first year of their diagnosis while 94 percent of pancreatic cancer patients die within the first five years; and WHEREAS, approximately 2,770 deaths will occur in Florida in 2013; and WHEREAS, the incidence and death rate for pancreatic cancer are increasing and pancreatic cancer is anticipated to move from the fourth to the second leading cause of cancer death in the U.S. by 2020; and WHEREAS, the U.S. Congress passed the Recalcitrant Cancer Research Act last year, which calls on the National Cancer Institute to develop a scientific frameworks, or strategic plans, for pancreatic cancer and other deadly cancers, which will help provide the strategic direction and guidance needed to make true progress against these diseases; and WHEREAS, the Pancreatic Cancer Action Network is the national organization serving the pancreatic cancer community in the City of Atlantic Beach and nationwide through a comprehensive approach that includes public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; and WHEREAS, the Pancreatic Cancer Action Network and its affiliates in the City of Atlantic Beach support those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure; and WHEREAS, the good health and well -being of the residents of the City of Atlantic Beach are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments. NOW, 'THEREFORE, I, Mike Borno, Mayor of the City of Atlantic Beach, in recognition of this important initiative, do hereby proclaim the month of November 2013 as Pancreatic Cancer Awareness Month in the City of Atlantic Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this 14th day of October, 2013. Mike Borno, MAYOR City of Atlantic Beach FINANCIAL REPORT August 2013 AGENDA ITEM # 4A OCTOBER 14, 2013 Cash Balances Prior Current Dollar Percent Fund(s) 07/31/13 08/31/13 Change Change General $6,912,273 $6,529,285 ($382,988) -5.54% Tree Replacement 6,493 6,493 0 0.00% Convention Development Tax 81,853 88,590 6,737 8.23% Local Option Gas Tax (25,963) (2,483) 23,480 - 90.44% Better Jax 1/2 Cent Sales Tax 345,925 390,071 44,146 12.76% Police Training, Forfeiture, Grants, etc. 154,310 150,374 (3,936) -2.55% Community Development Block & ARRA Grants 0 0 0 0.00% Debt Service 61,810 67,231 5,421 8.77% Capital Projects 2,745,606 2,725,534 (20,072) -0.73% Utility 5,351,538 5,712,233 360,695 6.74% Sanitation 723,823 676,870 (46,953) -6.49% Building Code Enforcement 104,897 118,960 14,063 13.41% Storm Water 1,618,039 1,641,438 23,398 1.45% Pension - Police 12,239 94,615 82,376 673.05% Pension - General 2,620 36,708 34,087 1300.87% Total $18,095,462 $18,235,919 $140,456 0.78% Total Restricted Cash $7,875,030 Total Unrestricted Cash $10,360,889 Cash and Investments Annual Prior Current Dollar Percent Account Yield 07/31/13 08/31/13 Change Change Bank of America - Depository N/A $2,470,959 $2,741,200 $270,240 10.94% Guggenheim Floating Rate A 3.94% * 1,002,832 2,172,238 1,169,405 116.61% Invesco Floating Rate A 3.73% * 992,614 2,490,016 1,497,402 150.85% Loomis Investment Grade Bond A 3.12% * 1,505,306 1,001,363 (503,943) - 33.48% Lord Abbett Income A 4.17% * 1,486,940 472,380 (1,014,560) - 68.23% Delaware Diversified Income Fund 2.77% * 1,645,284 498,704 (1,146,581) - 69.69% Lord Abbett Short Duration Fund 2.51% * 1,012,790 1,011,554 (1,236) -0.12% Invesco Corporate Bond A 3.47% * 1,842,956 331,843 (1,511,113) - 81.99% Pioneer Strategic Income A 3.74% * 1,887,730 1,014,685 (873,045) - 46.25% Legg Mason WA Cash Reserve Fund 0.08% 1,001,684 1,001,749 65 0.01% Nuveen Total Return Bond Fund A N/A 1,956,699 0 (1,956,699) - 100.00% MFS Bond Fund A N/A 1,283,971 0 (1,283,971) - 100.00% Putnam Diversified Inc. 4.46% * 0 2,500,692 2,500,692 0.00% Alliance Limited Duration High Income A 3.44% * 0 1,998,106 1,998,106 0.00% Lord Abbott Floating Rate 4.10% * 0 997,895 997,895 0.00% MSSB Money Market/Cash 0.00% 2,206 2 (2,204) - 99.93% SBA - Florida Prime 0.00% 341 344 4 1.05% Cash on Hand 0.00% 3,150 3,150 0 0.00% Subtotal 18,095,462 18,235,919 140,457 0.78% Police Pension Investments General Pension Investments Subtotal Total * Denotes the 30 day SEC Yield Anualized 7,427,152 7,341,912 (85,240) -1.15% 13,573,452 13,374,481 (198,971) -1.47% 21,000,604 20,716,393 (284,211) -1.35% $39,096,066 $38,952,312 ($143,754) -0.37% City of Atlantic Beach FINANCIAL REPORT August 2013 Revenues AGENDA ITEM # 4A OCTOBER 14, 2013 Fund / (Footnote) Annual Estimate YTD - 91.7% YTD Dollar Percent of Estimate Actual Variance Variance General (1) $11,102,740 $10,177,512 $10,332,419 $154,907 1.52% Convention Development Tax 87,500 80,208 88,578 8,369 10.43% Local Option Gas Tax 433,655 397,517 378,410 (19,107) -4.81% Better Jax 1/2 Ct Sales Tax 657,738 602,927 618,862 15,936 2.64% Police Training, Forfeiture & Grants, etc. 112,645 103,258 124,154 20,896 20.24% Grants - (3) 108,866 99,794 240,556 140,762 141.05% Debt Service 71,900 65,908 63,908 (2,000) -3.03% Capital Projects 5,000 4,583 (53,331) (57,915) - 1263.59% Utility - (4) 8,610,929 7,893,352 7,586,027 (307,325) -3.89% Sanitation 1,814,950 1,663,704 1,638,425 (25,279) -1.52% Building Code Enforcement - (5) 282,600 259,050 282,305 23,255 8.98% Storm Water 1,097,430 1,005,978 983,107 (22,871) -2.27% Pension - Police (2) 1,233,745 1,130,933 841,177 (289,756) - 25.62% Pension - General (2) 2,173,963 1,992,799 1,480,444 (512,356) -25.71% Total $27,793,661 $25,477,523 $24,605,040 ($872,483) -3.42% Analysis of Major Variances Throughout all funds, the variances resulting from timing are being reduced as we near year end. The variances include a reversal of prior gains in investment earnings year to date due to the sharp decrease in the fixed income bond market now down 2.2 %. Most other revenue categories are near budget estimates except for Public Utilities and the Pension Plans as described 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. This variance should be eliminated by year end. Also contributing to the large variance is the receipt of the donation for the land purchase. (2) The $289,756 negative variance in the Police Employee Pension Fund and the $512,356 negative variance in the General Employee Pension Fund resulted from the increase in the market values of the investments being much lower than the budget year to date. (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 August 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 5% 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 normally increase over the late summer months. (5) Building Permit fee revenues running about 11% above projections. City of Atlantic Beach FINANCIAL REPORT August 2013 Expenses AGENDA ITEM # 4A OCTOBER 14, 2013 Department / (Footnote) Annual YTD - 91.7% Estimate of Estimate YTD Actual Dollar Variance Governing Body City Administration (2) General Government (2) Planning and Building Public Safety (1,5 ) Recreation and Special Events Public Works (3) Public Utilities (4) Pension - Police Pension - General Total $42,645 2,474,839 920,977 448,160 5,641,386 406,151 6,209,457 9,255,673 653,056 856,123 $26,908,467 $39,091 2,268,602 844,229 410,813 5,171,271 372,305 5,692,002 8,484,367 598,635 784,779 $24,666,095 $36,845 2,097,882 863,791 370,820 4,710,155 353,456 4,503,040 7,635,394 645,575 845,788 $22,062,746 $2,247 170,720 (19,562) 39,993 461,116 18,849 1,188,963 848,973 (46,941) (61,008) $2,603,349 Percent Variance 5.75% 7.53% -2.32% 9.74% 8.92% 5.06% 20.89% 10.01% -7.84% -7.77% Resource Allocation Personnel Services (5) Operating Expenses (2) Capital Outlay (1) & (2) Debt Service (4) Transfers Annual Estimate YTD - 91.7% of Estimate YTD Actual Dollar Percent Variance Variance $9,658,810 10,290,417 3,110,374 2,519,412 1,329,454 Total $26,908,467 $8,853,909 9,432,882 2,851,176 2,309,461 1,218,666 $24,666,095 $8,322,597 8,455,403 1,617,783 2,447,863 1,219,099 $531,312 6.00% 977,479 10.36% 1,233,393 43.26% (138,402) -5.99% (432) -0.04% $22,062,746 $2,603,349 Analysis of Major Variances Overall, the major variances are the result of capital projects that have been postponed or are behind schedule. Variances are created when the actual funds spent to date are different from the percentage of the budget elapsed to date. Some of the variances are described below. (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 Patrol and Dispatch divisions have had vacant positions and the Lifeguard expenses have now been expended but there are some salary budgets unexpended in the police patrol and dispatch 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 34% 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 48% 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. This includes vacancies in Planning, Police Patrol and recently Human Resources. City of Atlantic Beach FINANCIAL REPORT August 2013 Project Activity - Current Year Activity Only AGENDA ITEM # 4A OCTOBER 14, 2013 Project Name Project Number Budget YTD Actual YTD Balance Status Public Safety Police Building Renovation /Design /Construction Public Utilities: TMDL - Lift Station /Main Transfer Flow TMDL Upgrade /Construction - WWTP #1 TMDL Sludge /Odor Improvements Water Main - 12th Street at Ocean Blvd /Beach Ave Water Main - 14th & 15th Street at Ocean Boulevard Reclaim Water Plant Rehab of Interior of Tank #1 Recoat Both Ground Storage Tanks WP #3 Replace the Water Main on Pine Street Replace 4" Water ?Main at Wonderwood and Finegan PT Repair at Lift Station C PT Repair at West 6th and Stock Repair 24" Effluent Force Main Repair 12" Force Main Replace Yard Pump Sewer Rehabilitation 2013 Subtotal Public Works: Marsh Master Plan Signs Marsh Master Plan Project Design Rose Park Development Marsh Path at Tideviews Dutton Island Road Sidewalks Sidewalk and Curb Replacements City Hall Parking Lot Lights Irregation Improvements Atlantic Blvd. Sidewalk on West 9th Street East Coast Drive Drainage Improvements Subtotal Total Status Key A - Bid Advertised B - Bid Awarded C - Project Completed D - Design Completed DE - Deferred PS0504 60,000 PU0906 PU1106 PU1110 PU1204 PU1205 PU0805 PU1301 PU1303 PU1304 PU1305 PU1306 PU1307 PU1308 PU1309 PU1310 PU1311 PM 1301 PM1303 PM1302 PM1304 PW 1301 PW 1302 PW1303 PW1304 PW1305 PW 1306 $ 60,000 $ 0 60,000 DE $ 60,000 9,282 9,282 88,762 88,762 15,591 15,591 36,962 34,121 201,657 190,620 188,115 50,100 41,500 0 55,000 0 90,000 8,148 180,000 16,321 17,000 0 55,000 19,891 86,000 2,591 56,000 1,656 18,435 18,435 202,300 189,669 0 0 0 2,841 11,037 138,015 41,500 55,000 81,852 163,679 17,000 35,109 83,409 54,344 0 12,631 $ 1,341,604 $ 645,188 $ 696,416 38,700 34,000 225,000 35,000 79,064 10,000 32,000 4,600 33,000 361,200 6,618 29,490 19,750 0 0 6,041 24,896 4,600 25,669 17,800 32,082 4,510 205,250 35,000 79,064 3,959 7,104 0 7,331 343,400 $ 852,564 $ 134,864 $ 717,700 $2,254,168 $ 780,052 $1,474,117 E - Design Phase I - Project In- progress N - Complete /Non - Capital R - Re- budget Next Fiscal Year OR Re- Evaluated X - Project Cancelled C C C C C E C C A A I C R R C C I E A E I C C C C BUILDING DEPT. MONTHLY ACTIVITY REPORT COMPARISON REPORT REPORT FOR THE MONTH AUGUST 2013 1 COMPARISION 2012 - 2013 1PERMIT TYPE NUMBER OF PERMITS TOTAL INSPECTIONS I YTD 2012 YTD 2013 YTD 2012 YTD 2013 YTD 2012 YTD 2013 PERMITS ISSUED FOR THE MONTH OF AUGUST 2013 NO.PERMITS PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED All OCTOBER Lit V LA 1 l L I4, ,. TT 2013 T!] in to M M 55 64 70 N 3124 ELECTRICAL PLUMBING MECHANICAL MISC. TOTAL $0.00 0 • 10 r 0 M 40 ' 40 $ 5,786,152.00 j $13,357,609.00 ' 0 . . 0 ad 6 n0� 0 00 M CO to 404040 4040 700.00 40 4A)Ef340 40 132,180.00 $ 103,461.00 . 4A404A4040 . . ' 0 O 0 0 N . EA) . 4040404A . 000 O 100 n r O r r $ 4,797,516.00 EA $ 3,164,337.00 49 $ 7,235,444.00 $ 17,474,826.00 0 0 ' 0 ' ' 0 N 00 n 0o CO Nt th 40404040 40 125.00 I 00 00 MO rco ON M 4040 $ 280.00 $ 4,219.00 0 O 4 l0 n N 40 $ 1,585.00 00 0 0 tf)0 O0 1.0.. M r 4040404040404040 ' ' 0000 0000 ONOO 0r Netrr r t- NI' NI' 1 $ 175.00 0 ' 0 000 Nt NNt E0 40- 0 0 Nt 40 0 0 M n 4'M N 40 0 Q) r N � in r 1744 0 M 0 0 N co 40 co N, N co 0 0 .,_CNI M N 4t) 0 M MI 230 0 Q) r O n M r ) 1586 SINGLE FAMILY DUPLEX REMODEL/ADDITIONS COMMERCIAL NEW OTHER TOTAL SINGLE FAMILY NEW DUPLEX MULTI FAM RESIDENTIAL ADDITIONS COMMERCIAL NEW COMERCIAL ADDITIONS COMMERCIAL ALTERATIONS PERMITS MISC ELECTRICAL MECHANICAL GAS MECHANICAL HVAC PLUMBING ROOFING WINDOW /DOOR DEMOLITION REINSPECTION FEES PERMIT RENEWALS OCCUPANCY INSPECTIONS PENALTY FEES SIGNS FENCES 1DRIVEWAYS Z W CI C7) 0 0- TOTAL PREPARED 9/13/13, 9:47:29 City of Atlantic Beach PROGRAM OL122L AGENDA ITEM # 4A OCTOBER 14, 2013 LICENSE ACTIVITY REPORT BY BUSINESS NAME NEW LICENSES FOR ALL YEARS BETWEEN: 08/01/13 TO 08/31/13 DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES LIC # BUSINESS NAME BUSINESS ADDRESS ISSUED TYPE CLASSIFICATION BUS PHONE # 13- 00007804 AIR WAVES HEATING AND COOLING 97 LEVY RD 103 ATLANTIC BEACH FL 32233 13- 00007805 AIR WAVES HEATING AND COOLING 97 LEVY RD 103 ATLANTIC BEACH FL 32233 13- 00007753 B R AUTO SERVICE 97 LEVY RD 147 ATLANTIC BEACH FL 32233 13- 00007817 BEACH FRAMES LLC 1089 ATLANTIC BLVD 25 ATLANTIC BEACH FL 32233 13- 00007818 BEACH FRAMES LLC 1089 ATLANTIC BLVD UNIT 02 ATLANTIC BEACH FL 32233 13- 00007788 BEST WESTERN 2389 MAYPORT RD ATLANTIC BEACH FL 32233 13- 00007775 FANCY NAILS, INC. 363 ATLANTIC BLVD UNIT 10 ATLANTIC BEACH FL 32233 13- 00007776 FANCY NAILS, INC. 363 ATLANTIC BLVD UNIT 10 ATLANTIC BEACH FL 32233 13- 00007803 FOR THE TROOPS, INC. 1864 BEACHSIDE CT ATLANTIC BEACH FL 32233 12- 00007797 HAMMER TIME ROOFING 627 AQUATIC DR ATLANTIC BEACH FL 32233 12- 00007800 HAMMER TIME ROOFING 627 AQUATIC DR ATLANTIC BEACH FL 32233 13- 00007796 METABOLIC RESEARCH CENTER 599 ATLANTIC BLVD UNIT 01 ATLANTIC BEACH FL 32233 13- 00007808 RCM HEALTH CARE SERVICES 60 OCEAN BLVD UNIT 9 ATLANTIC BEACH FL 32233 13- 00007722 SALON PS FLORIDA LLC 1 FLEET LANDING BLVD MAIN ATLANTIC BEACH FL 32233 8/21/13 NEW AIR CONDITIONING /HEATING (FIRM /CORP. 904- 697 -6313 8/21/13 NEW MISC. CONTRACTOR, OTHER THAN LISTED 904 - 697 -6313 8/02/13 NEW AUTO: SERVICE /REPAIR 904- 265 -8590 8/28/13 NEW MISCELLANEOUS SALES, OTHER THAN LIST 800- 469 -1304 8/28/13 NEW MISCELLANEOUS SALES, OTHER THAN LIST 800 - 469 -1304 8/02/13 NEW HOTEL /MOTEL /ROOMING HOUSES 8/14/13 NEW NAILS /SKIN CARE (FULL SPECIALIST) 8/14/13 NEW NAIL SPECIALIST 904 - 435 -3500 904 - 246 -7070 904 - 246 -7070 8/02/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS 904 - 254 -0020 8/14/13 NEW ROOFING CONTRACTOR (FIRM /CORP.) 904 - 716 -9149 8/14/13 NEW MISC. CONTRACTOR, OTHER THAN LISTED 904- 716 -9149 8/14/13 NEW MISCELLANEOUS SALES, OTHER THAN LIST 904 -284 -4021 8/21/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS 917 - 286 -5263 8/02/13 NEW COSMETOLOGY SALON 440- 600 -1592 PREPARED 9 City of Atl PROGRAM OL1 /13/13, 9:47:29 antic Beach 22L AGENDA ITEM # 4A OCTOBER 14, 2013 LICENSE ACTIVITY REPORT BY BUSINESS NAME NEW LICENSES FOR ALL YEARS BETWEEN: 08/01/13 TO 08/31/13 DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES LIC # BUSINESS NAME BUSINESS ADDRESS ISSUED TYPE CLASSIFICATION BUS PHONE # 13- 00007723 SALON PS FLORIDA LLC 1 FLEET LANDING BLVD MAIN ATLANTIC BEACH FL 32233 8/02/13 NEW COSMETOLOGY SALON 440 - 600 -1592 12- 00007807 SANDPIPER ASSET MANAGEMENT, LL 8/21/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS 60 OCEAN BLVD UNIT 12 904 -372 -4042 ATLANTIC BEACH FL 32233 13- 00007815 STITCHES & SCREENS,INC. 30 SIMMONS RD UNIT 1 ATLANTIC BEACH FL 32233 8/28/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS 904 - 246 -7616 13- 00007802 TNT LANDSCAPE AND LAWN MAINTEN 8/01/13 NEW LAWN /YARD SERVICE 29 W 11TH ST ATLANTIC BEACH FL 32233 GRAND TOTALS AC: PP: IN: VO: PG: BR: OB: UC: LIC: NEW LICENSES 18 0 0 0 0 0 0 0 18 904 - 247 -4477 Gallons Actual Revenue Accounts 0000 Revenue Per 1,000 gl 5,235 31,116 $242,752 $7.80 2,394 20,340 $186,189 $9.15 7,629 51,456 $428,941 $8.34 Gallons Actual Revenue 0000 Revenue Per 1,000 gl 66.885 $257,427 12.967 $187,524 79.852 $444,951 $3.85 $14.46 $5.57 Gallons Actual Revenue 0000 Revenue Per 1,000 gl 53.235 $428,941 $8.06 53.235 $428,941 $8.06 Gallons Actual Revenue Accounts 0000 Revenue Per 1,000 gl 5,196 35,331 $257,427 $7.29 2,349 20,656 $187,524 $9.08 7,545 55,987 $444,951 $7.95 ;Accounts Gallons Actual Revenue 0000 Revenue Per 1,000 gl 5,615 46,041 $169,430 $3.68 2,456 19,406 $96,451 $4.97 8,071 65,447 $265,881 $4.06 Gallons Actual Revenue Accounts 0000 Revenue Per 1,000 gl 5,643 40,757 $151,611 $3.72 2,502 17,752 $89,267 $5.03 8,145 58,509 $240,878 $4.12 AGENDA ITEM # 4A OCTOBER 14, 2013 City of Atlantic Beach, FI. Utility Sales Report Water Sales Atlantic Beach Buccaneer Total Water Sales Water Plant Production Atlantic Beach Buccaneer Total Production Total Water Billed Water Loss for month: Percentage Loss Total 12 mo. Avg. Loss Sewer Sales Atlantic Beach Buccaneer Total Sewer Sales Sewer Treatment Atlantic Beach Total Sewer Treated August 2013 Gallons 0000 53,819 12,404 66,223 58,509 7,714 11.65% 10.92% August 2012 Gallons 0000 48,331 19,528 67,859 65,447 2,412 3.55% 15.76% AGENDA ITEM # 4B OCTOBER 14, 2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Authorize the City Manager to sign the contract with Atlantic Beach Experimental Theater (ABET) DATE: September 9, 2013 SUBMITTED BY: Timmy Johnson, Recreation Director BACKGROUND: The Atlantic Beach Experimental Theater (ABET) has been offering theatrical performances, adult and children's workshops at Adele Grage Cultural Center for a number of years. In the past, ABET has entered into a contract with the City which include the payment of a fee for the use of the facility. Staff met with ABET and updated the contract which gives the ability to be more flexible when scheduling use of the facility for ABET and to better serve the other facility users. The contract provides opportunities for inclusion and participation for low income residents who may not otherwise be able to afford to participate. 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 contract with Atlantic Beach Experimental Theater (ABET) ATTACHMENTS: ABET Proposed Contract REVIEWED BY CITY M ,AAa.ER• ,!e AGENDA ITEM # 4B OCTOBER 14, 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 Atlantic Beach Experimental Theatre of Atlantic Beach, Florida (904) 249 -7177 (hereinafter "Renter "). WHEREAS, Renter desires to use the following public facility: The Adele Grage Cultural Center Theater, 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 $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. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager 1 AGENDA ITEM # 4B OCTOBER 14, 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. 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. 2 AGENDA ITEM # 4B OCTOBER 14, 2013 1. 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. m. 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 Theater n. Renter will provide a mechanism to assure that children are not denied the opportunity to participate due to their inability to pay the registration or other related fees. 4. Additional provisions agreed upon by the City and Renter: The Adele Grage Cultural Center is scheduled for use by several groups, sometimes at the same time. The Recreation Department is responsible for scheduling use of the facility and being as accommodating as possible. At the same time, groups using the facility must show consideration for others using the facility. The City and ABET have agreed to the following: • ABET shall keep the facility clean and presentable for public showing and use by others. • ABET shall provide a reasonable use calendar for the length of the contract. The City retains the right to rent the facility to others and use the facility for City events. • Access to the facility will be based on the schedule of events shown on the calendar. • All use of the facility must be scheduled through the Recreation Office in advance (one day notice). • ABET can request use of the community room and theater whenever the facility is available; with the understanding that paid renters have priority. 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. 3 AGENDA ITEM # 4B OCTOBER 14, 2013 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, OF, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH By: Its: "CITY" 4 AGENDA ITEM # 4C OCTOBER 14, 2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Concrete Repairs for the Public Works /Utilities Department SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: Sept. 13, 2013 STRATEGIC PLAN LINK: None — annual contract. BACKGROUND: Bid number 1213 -08R was opened on Sept.11, 2013 at 3:00 PM. There were five bidders. Bid award criteria based on the lowest total of items 1 thru 17. Bidders Chase Service Concrete Express DP Contracting D.T. Services Gaulden Construction Total $275.93 $212.25 $169.47 $274.60 $183.38 RECOMMENDATION: Award the contract for Concrete Repairs for the Public Works /Utilities Department to DP Contracting Inc. for one year with a two 1 year renewals starting October 15, 2013. 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: Bid Tabulation Sheet REVIEWED BY CITY MANAGER: City of Atlantic Beach RE -BID ANNUAL CONTRACT FOR CONCRETE REPAIRS September 11, 2013 BID 1213 -08R 3:00 PM Required Documents Chase Plumbing & Mechanical Services Concrete Xpress Services, Inc DP Contracting, Inc. DT Services, Inc. Gaulden Construction, Inc 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 X X X X NO Drug Free Workplace X X X X X Public Entity Crimes Statement X X X X X Completed W -9 Form X X X X X New Vendor Information Form X X X X On file with City Documentation of any Addenda N/A N/A N/A N/A N/A Grand Total for all Tear Out, Removal, Pour and Finish - Amounts of Items 1 -17 of Bid Form, as Item per the Award Criteria noted in Section II, 5 of Bid Specifications $275.93 $212.25 $169.47 ��tt ti <S ift ' #� r ` 3 x { 1 $183.38 ***UPON VERIFICATION OF BIDS, THE FOLLOWING ERRORS WERE FOUND: DT. ER 110 S tLa vw E1S 11�� �� 29a 0 GAULDEN CONSTRUCTION - ACTUAL TOTAL FOR ITEMS 1 -17 IS $196.63. WRITTEN TOTAL FROM SUBMITTED BIS WAS $183.38 FOR A DIFFERENCE OF $13.25 (TOTAL OF ITEMS 1 -16) Award of Bid based on Department Analysis and City Commission Approval AGENDA ITEM 114D OCTOI3E1t 14, 2{)13 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT DRAFT AGENDA ITEM: Reclaimed Water Facilities, Bid. No. 1213 -11. SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director DATE: September 18, 2013 STRATEGIC PLAN LINK: Golf Course BACKGROUND: The City Commission has been working with Selva Marina Country Club (now Atlantic Beach Country Club) and Atlantic Beach Partners on a Master Agreement that includes providing reclaimed water facilities in exchange for a recreation and conservation easement on the property. In order to meet the deadline for providing reclaimed water for the golf course grow -in period, design. permitting and bidding were expedited. Bids were advertised and five contractors prequalified for the project. Four contractors attended the Mandatory Pre -Bid Meeting. Four bids were received on September 18, 2013: Contractor: Gruhn May, Inc. Hager Construction Co. Sawcross, Inc. WPC Industrial Contractors, LLC Total Bid: After a bid analysis and review by the engineer, the lowest responsive bidder is in the amount of $ . Staff recommends encumbering funds in the amount of $ as a 10% contingency for the project as well, bringing the total to $ BUDGET: A total o €$1,100,000 is included in the FY14 Budget in the Sewer Fund under account number 410 -5508- 535 -6300. An Agreement with the St. Johns River Water Management District (SJRWMD) for a 40% cost -share grant for the project was approved at the September 9, 2013 Commission meeting. The low bid with contingency is $ , which brings the City's cost to $ with the SJRWMD funding $ RECOMMENDATION: Award a contract to in the amount of$ for construction of the Reclaimed Water Facilities, Bid No. 1213 -11. In addition, authorize staffto encumber as a contingency. The Notice to Proceed for construction of Reclaimed Water Facilities, Bid No. 1213 -11 shall become effective on the date that Atlantic Beach Partners and Atlantic Beach Country Club achieve final closing on the property sale between the two parties. However, in order to meet the deadline to provide water to the golf course, the reuse pump must be purchased immediately due to delivery time for the pump. Staff recommends that the Commission award the contract and allow immediate purchase of the pump only, with no fu rther construction until the date of the final closing noted above. AGENDA ITEM # 4D OCTOBER 14, 2013 ATTACHMENTS: 1. Bid recommendation from J. Collins Engineering Associates, LLC 2. Bid tabulation form 3. Bid analysis REVIEWED BY CITY MANAGER: 2 AGENDA ITEM # 4E OCTOBER 14, 2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: FY 2012 -13 — Summary of Utility Accounts Written Off SUBMITTED BY: Nelson Van Liere, Finance Director DATE: October 14, 2013 BACKGROUND: Utility accounts receivable with no activity after one (1) year from the account termination date are written off against the allowance for uncollectible accounts. Even after write -off, the City's contracted collection agency, MJ Altman, continues to pursue the amounts written off. Attached is a summary of the total number and amount of accounts written off in fiscal year 2012 -13 and the percentage of write -offs related to the 2011 -12 fiscal year utility revenues recognized. Similar to prior years, the City's percentage of utility revenues written off is 0.21 % of total revenues recognized for the applicable year. BUDGET: There is no budget for this action RECOMMENDATION: No individual account balance was in excess of $2,500. The City Manager is authorized to write -off those balances $2,500 or less. This report is for informational purposes only. ATTACHMENTS: Summary of Utility Accounts Written Off REVIEWED BY CITY NAGER: City of Atlantic Beach Summary of Utility Accounts Written Off FY 2012/2013 Percentage Number Write -off FY 2011/2012 of Revenues of Accounts Amount Revenues Written -Off Total 205 $ 21,463.87 $ 10,287,838.30 0.21% Accounts > $1,000: 1 RK Properties 2 Helping Hands Ministry Remaining Accounts: 203 Accounts - Average - $ 86.99 / acct 2865 Mayport Rd $ 2,435.92 31 Lewis St 1,369.27 Subtotal 3,805.19 17,658.68 Total $ 21,463.87 AGENDA ITEM # 4E OCTOBER 14, 2013 10/01/13 AGENDA ITEM # 7A OCTOBER 14, 2013 AGENDA ITLi.i DATE: AGENDA ITEM: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Parking in the right -of -way July August 15, 2-044, September 16, 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- way (r -o -w), 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 adjacent 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 may 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: No person shall park a motor vehicle on any street or right -of -way for a period of time in excess of seventy-two (72) hours. AGENDA ITEM # 7A OCTOBER 14, 2013 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 Parking in the right -of -way. • Olt .l Si S 41il +n1L ,!..�.1 ., t�et i,es -S ni ni ration- is- peroi• Bible -ar Noce - -_rt • - r: r.iL .,..: a ate... a-rt S a^�i7SJ� i• Parkin in the ri ht -of-wa for short eriods of time not to exceed 8 hours is ermissible. Parkin in the right-of-way is not intended to be a solution for limited driveway and/or garage parking. No erson shall .ark in the ri A ht -of -wa on a re ± u ar basis which is defined a 3 or more occasions in any seven (7) 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 Cornrnission 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 chan es to the ordinance are to be brou ±ht back for first readins. Per commission direction at taff was instructed to revise the ordinance modification to onl the Se tember 9 2013 meetin include r -o - the en 0 21 -17 w . ATTACHMENTS: Draft of ordinances revisions. REVIEWED BY CITY MANAGE AGENDA ITEM # 7A OCTOBER 14, 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 TO INCLUDE THE SPECIFIC LISTED STREETS 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 the below listed streets 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." Parking on the right -of -ways, as described in the two paragraphs directly above, shall be prohibited on the following streets and roadways: (1) East Coast Drive. (2) Ocean Boulevard. (3) Sherry Drive (South). (4) Seminole Road. (5) Plaza Drive (except for the 300 Block). (6) Royal Palms Drive. (7) Sailfish Drive. (8) Levy Road. (9) Dutton Island Road. (10) Donner Road. 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. AGENDA ITEM # 7A OCTOBER 14, 2013 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 (g) Other improper parking ..... $50.00 (h) Illegal parking in designated ADA Accessibility parking spaces ..... $250.00 (i) 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 City Clerk Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Mike Borno Mayor Ordinance 75 -13 -19 Page 2 of 2 AGENDA ITEM: SUBMITTED BY: DATE: AGENDA ITEM It 8A OCTOBER 14, 2013 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Public Hearing for UBEX -13- 00100065 Jeremy Hubsch Redevelopment and Zoning Coordinator September 11, 2013 STRATEGIC PLAN LINK: Goal Number 7, Mayport Corridor. This goal is to build, encourage, and support a vibrant commercial corridor and strong residential neighborhoods along Mayport Road and adjoining neighborhoods. BACKGROUND: Request for a use -by- exception to allow for a general contractor, not requiring outdoor storage within a Commercial General (CG) zoning district. The applicant, Tier 1 Construction is a roofing and general contracting company. Section 24 -111 (c) (6) outlines specific conditions for the approval of contractors through a use -by- exception. It states, "Contractors, not requiring outside storage, provided that no manufacture, construction, heavy assembly involving hoists or lifts, or equipment that makes excessive noise or fumes, shall be permitted. Not more than one (1) contractor related vehicle shall be parked outdoors on a continuous basis." The applicant is located in an existing building on West 6th Street, just off Mayport Road. The current building meets zoning setbacks, impervious surface ratio, and minimum lot size. The nearest residential home is 150 feet away and the site has a 6' wooden fence in the side and rear yards. Per the applicant, the site will be used as a general office and there will be no outdoor storage of materials. The applicant stated at the Community Development Board meeting that employees who work in the field take their trucks home with them, and they will rarely, if ever come to the proposed site. The Community Development Board considered this request along with comments from staff and the applicant in attendance at the August 20th meeting, and the Board recommended approval by a vote of 7- 0, finding the request is consistent with the Comprehensive Plan as well as Section 24 -63 and Section 24- 111(c) of the Land Development Regulations. BUDGET: None. RECOMMENDATION: Approval, recommended by the Community Development Board. ATTACHMENTS: Draft minutes of the August 20, 2013 Community Development Board meeting; copy of Community Development Board staff report; copy of UBEX -13- 00100065 application. REVIEWED BY CITY M • GER: AGENDA ITEM # 8A OCTOBER 14, 2013 Tier 1 Construction Inc, 13245 Atlantic Blvd Suite 4 -212 Jacksonville Fl. 32225 (904) 731 -3905 Re: Application for a Use by Exception City of Atlantic Beach 800 Seminole Rd. Atlantic Beach Fl. 32233 (904) 247 -5826 Dear Ladies & Gentlemen, This letter has been prepared as a narrative to describe the proposed use of the property located at 33 West 6th Street Atlantic Beach H. 32233. Tier 1 Construction proposes to use this location as general office space to accommodate three employees. We plan to conduct day to day office duties that include office desk work, secretarial work, filing, customer service via telephone ect. Brent Parrish Tier 1 Construction Inc, Property Appraiser - Pkoperty Details CHRISTENSON DALE 52W3RDST ATLANTIC BEACH, FL 32231-3306 Property Detail' Primary Site Address Official Record Book /Page 33 W 6TH ST 07421 -02245 Atlantic Beach FL 32233 RE # 2OU Cer ife4 70746 -0050 Tax Dili# USD3 Income Property Use 1700 OFFICE 1 -2 STY $0.00 # of Buildings $0.00 Legal Esc 8 -034 38- 2S -29E 0.117 TLAPITIC BEACH SEC H Subdivision 3119 ATLANTIC BEACH SEC H Total Area 4889 $0.00 The sale of this property may res It in higher property taxes. For more Information go to Save Our Homes and our •r.. -1..‘ .. _.v II. • . Property values, exemptions and other information listed as 'In Progress' are subject to change. These numbers are part of the 2012 working tax roll and will not be certified until October. beam how the Prooertv cr•r. : •u..- ..,•n Sales Histo Value Summa AGENDA ITEM # 8A OCTOBER 14, 2013 Tile # 9417 Bak /Page 2OU Cer ife4 2012 In Prorgre Value Method Income Income Total Building Value $0.00 $0.00 Extra Feature Value $0.00 $0.00 Land Value (Market) $33,150.00 $33,150.00 Land Value (Agri ) $0.00 $0.00 Just (Market) Value $123,000.00 $130,400.00 Assessed Value $120,831.00 $130,400.00 Cap DiffJPortability Amt $2,169.00 / $0.00 $0.00 / $0.00 gxemptlons $0.00 See below Taxable Value $120,831.00 See below Bak /Page Sale Date I f Sale Price I Aced Instrument Type code Qpallied /(inqualified Vacant /Improved 07421 02245 9/16/1992 I $17,000.00 WD - Warranty Deed Qualified Vacant 1 Extra Features LN Feature Code Use Description Feature Description Bldg. Length Width Total Units Value 1000 1 PVCC1 0.00 1 0.00 lCommon Paving Concrete 1 0 0 _I 1,020.00 $1,065.00 2 FWDC1 Heating Fuel Fence Wood 1 0 0 164.00 $489.00 3 FCBC1 Air Conditioning Fence Chain Barbed 1 0 0 50.00 $180.00 Land & Legal Land LN I Code Use Description Zoning J Front I Depth Category Land Units Land Tvoe Land.alue 1 1000 COMMERCIAL ACG 0.00 1 0.00 lCommon 5,100.00 Square Footage $33,150.00 Buildings Building 1 Building 1 Site Address 33 W 6T1-I ST Atlantic Beach FL 32233 Building Type 1701- OFFICE 1 -2 STY Year Built 1993 1500 Building Value $88,531.00 Total Type Gross Area Heated Area Effective Area Base Area 1500 1500 1500 Total 1500 1500 1500 httn://anns.coi.net/nan Element Code Detail Exterior Wall 25 25 Modular Metal Roo. oofing Structure 9 9 Rigid Fr/Barjoist Roofing Cover 12 12 Modular Metal Interior Wail 5 5 Drywall Int Flooring 14 14 Carpet Int Flooring 3 3 Concrete Fnlshed Heating Fuel 4 4 Electric Heating Type 4 4 Forced- Ducted Ceiling Wall Finish 5 5 S Ceil Wall Fin Air Conditioning 3 3 Central. Or mm Htg & AC 1 1 Htg & A/C Pkg Comm Frame 5 5 S -Steel Element __ Baths ._._ ...._. v Stories Rooms / Units Avg Story Height Code 2.000 1.000 5.000 16.000 a�tlo Lega LN Legal Desaiption 1 18- 034 38 -2S -29E 0.117 2 ATLANTIC BEACH SEC H 3 LOT 4 BLK 34 nronertvSearch/Rasi c/Detail.asnx ?RE= 1707460050 9/21/2012 AGENDA ITEM # 8A OCTOBER 14, 2013 LETTER OF AUTHORIZATION / (le, p..cf-aco, City of Atlantic Beach Department of Community Development 800 Seminole Road Atlantic Beach, FL 32233 (P) 904 247 -5800 (F) 904 247 -5845 is hereby authorized to act on behalf of the owner(s) of those lands described within the attached application, and as described in the attached deed or other such proof of ownership as may be required by the city of Atlantic Beach in applying for a development permit. BY: ~Printed Name Signature of Own ,l Signature of Own' *r Printed Name Phone Number Signed and sworn before me on this % day of / e el; rrs/ e-Sew Identification verified: Oath sworn: r Yes 26/3 by I— No State of Florida County of Duval BRENT PARRISH Notary Public, State of Florida My Comm. Expires May 14, 2016 Commission No. EE 198158 My Commission expires: Zd /4. Letter ofAuthorization_versionoi.oi.o9 AGENDA ITEM # 8A OCTOBER 14, 20I3 APPLICATION FOR A USE -BY- EXCEPTION City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -5445 Phone: (904) 247 -5826 • FAX (904) 247 -5845 http: / /www.coab.us Date File No. Receipt 1. Applicant's Name 2. Applicant's Addres1 ii 3. Property Location 33 �.r.1c51 �R }`� S� -rrr� �,r i-(L 7.Z 4. Property Appraisers Real Estate Number i C., 1 [t p Block No. �'j Lot No. 5. Current Zoning C1�ssification 1 c, -c.rj Cj c„ f„-] 6. Comprehensive Plan Future Land Use designation C.3-A -I -. crc.4 7. Requested Use -by- Exception ~ v ` A LJ' pee 1 Cbn Ffit, 4 33 `.�. f cs/- L 4' �`i) -r-r) AA, i( 3-c L.tn F.( 332z 3 3 8. Size of Parcel 5-)r) x 82' Deep 9. Utility Provider ..J i A 10. Statement of facts and special reasons for the requested Use -by- Exception, which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide may be used if desired. Please address each item, as appropriate to this request.) 11. Provide all of the following information. (AU information must be provided before an application is scheduled for any public hearing.) a. Site Plan showing the Location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage, impervious surface area, and existing and/or proposed driveways. Identify any xisting structures and uses. b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d. Required number of copies. (Two (2) copies of all documents that are not larger than 11 x 17 inches in size. If plans or photographs, or color attachments are submitted, please provide eight (8) copies of these.) e. Application Free ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person Printed or typed nagrce(s): Signature(s): /„ ADDRESS AND ¶ONTACTFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING TIM APPLICATION i Name: L, ?i e i J )rr'.:i 2, Mailing Address: (3,1 tJ,sI t ?'J 4f4„) I c eL4 j-/1 322J / Phone: (y� 29//- !xfa FAX:Cjp ') �P 29G -1Q� E-mail: 63..•�7f- 0 Ter 1 owner's authorization form is attached: Alb AGENDA ITEM # 8A OCTOBER 14, 2013 1/.5 £ J AA,/ A..W i 2418 ..'0 30 166" ,e' 1o'D p* -Qom_ S ,r a' r /2-1 j 1-,,:56)- f+�n AGENDA ITEM # 8A OCTOBER 14, 2013 ot Lay_ `Nl a.®�. to O" µD b 'PIO to`v z Om. Ova✓ I .2 n 411 Ram' 0 _ , it-V, w hnaOW £J; '41jB,ai / /.r /2..I Caycic�c 1 C. c. P CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A. CASE NO AGENDA ITEM ll 8A OCTOBER 14, 2013 UREX -13- 00100065 Request for use -by- exception as permitted by Section 24- 111(c)(6), to permit a contractor, not requiring outside storage, to be located on a property within a Commercial General (CG) zoning district at 33 West 6i' Street. LOCATION 33 WEST 6TH STREET APPLICANT TIER 1 CONSTRUCTION INC (BRENT PARRISH) DATE AUGUST 20, 2013 STAFF ERIKA HALL, PRINCIPAL PLANNER; STAFF COMMENTS Background Tier 1 Construction Inc is a roofing and general contracting company. Owner Brent Parrish seeks a use -by- exception so that he may obtain zoning approval for a Local Business Tax Receipt to operate his contracting business at 33 West 6th Street. The subject property has a Commercial (CM) Future Land Use Designation and is located within a Commercial General (CG) zoning district. According to the provisions of Municipal Code Section 24- 111(0(6), within CG zoning districts, "Contractors, not requiring outside storage, provided that no manufacture, construction, heavy assembly involving hoists or lifts, or equipment that makes excessive noise or fumes, shall be permitted. Not more than one (1) contractor related vehicle shod be parked outdoors an a continuous basis," 33 W 6TH ST F4,1 ,rr e 1 Figure 1. Location map for 33 West 61r° Street- CoA13 GCS, July 22, 2013. Analysis AGENDA ITEM M # 8A OCITOBER 145 2013 According to Section 24- 63(d), the review of any application for a use -by- exception shall consider each of the following: (1) Ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. (2) Off-street parking and loading spaces, where required, with particular attention to the items in subsection (1) above. (3) The potential for any adverse impacts to adjoining properties and properties generally in the area, resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the use - by- exception being requested. (4) Refuse and service areas, with particular reference to items in subsection (1) and (2) above. (5) Utilities, with reference to locations, availability and compatibility. (6) Screening and buffering, with reference to type, dimensions and character. (7) Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the district. (8) Required yards and other open space. (9) General compatibility with adjacent properties and other property in the surrounding zoning district as well as consistency with applicable provisions of the comprehensive plan, (10) For those properties within the commercial corridors, consistency with the intent of Section 24 -171, commercial corridor development standards. (11) Number of similar businesses that existing in the area with consideration that such uses are intended to be an exception and not to excessively proliferate in one area of the city. Figure 2. Google Maps aerial view of 33 West 6th Figure 3. Google Maps street view of 33 West 6th Street, Imagery dated March 2011, accessed online Street. Imagery dated 2013, accessed online July 22, July 22, 2013. 2013. The subject property consists of a platted kit — Lot 4, Block 34, Section H — located midway the block, one hundred fifty (150) feet from the Mayport Road right -of -way, and thus not subject to commercial corridor development standards of Section 24 -171. The property measures approximately fifty (50) feet in width by one hundred two (102) feet in depth, with a total lot area of five thousand one hundred (5,100) square feet, and it is improved with a modular- metal structure consistent in appearance to others in the vicinity and Page 2 of 4 AGENDA ITEM # 8A OCTOBER 14, 2013 measuring thirty (30) feet in width by fifty (50) feet in depth, or fifteen hundred (1,500) square feet in area. The structure, built in 1993, conforms to current yard setbacks. There are no proposed changes to established utility services, and refuse service will continue as standard curb pick -up. Security lighting exists on the east, south and west sides of the building, but neither additional lighting, nor signage is currently proposed. Property ingress /egress is direct to /from the West 6th Street right -of -way. A thirty (30) foot wide by thirty (30) foot deep concrete driveway /parking pad extends from the West 6th Street pavement to the building foundation. The twenty (20) feet of depth fully on private property is sufficient to accommodate three parking spaces — including one ADA, though none are marked as such — consistent with parking space design standards specified in Section 24- 161(g). However, Section 24- 161(h)(3) requires that "business, commercial, retail, or service uses not otherwise specified [shall provide] one (1) space for each four hundred (400) square feet of gross floor area," or a total of four (4) spaces for a building of these dimensions. There is a gravel area directly to the east of the parking pad which appears to have been previously used for spillover parking. Section 24- 161(b)(2) provides that "all parking areas shall be paved unless an alternative surface is approved by the Director of Public Works. Any such alternative surface shall be maintained as installed and shall be converted to a paved surface if a failure to maintain results in adverse drainage or aesthetic impacts." The building is accessed via a central entrance and two roll -up doors fronting on West 6th Street, and concrete walkways on both east and west sides of the building lead to side door entrances. Considering the building footprint, the concrete parking pad and the sidewalks leading to side entrances, it is estimated that the total impervious surface coverage is approximately forty (40) percent, which is significantly lower than the maximum seventy (70) percent allowed within non - residential zoning districts. However, there are no trees or landscaping on the property. Because nearly the entire front of the property is utilized for access and parking, it is not feasible to implement provisions of Division 8, Landscaping standards, but it is recommended that the property be required to come into compliance with Section 23- 30(b), minimum tree requirements for commercial uses, which states "For each parcel upon which a commercial structure or associated accessory use is proposed, or where the primary activity is commercial in nature...one (1) four - inch caliper tree shall be planted and /or preserved for every eight thousand (8,000) square feet of parcel area or portion thereof ". Therefore a minimum of one (1) tree is required. The subject property is in the middle of a commercial block, at least one hundred fifty (150) feet in all directions to the nearest residential property. However the side and rear yards are surrounded by a six (6) foot high wooden privacy fence and this should provide sufficient buffering considering no outdoor storage is permitted for contractors within CG zoning districts. Additionally, the applicant has stated in his submittal cover letter "Tier 1 Construction proposes to use this location as general office space to accommodate three employees. We plan to conduct day to day office duties that include office desk work, secretarial work, customer service via telephone, etc." While Tier 1 Construction Inc is a contracting business, the nature of work to be performed onsite is typical of permitted office uses normally found in the CG zoning district. So, no adverse impacts to adjacent properties are anticipated. REQUIRED ACTION The Community Development Board may consider a motion to recommend approval of the Tier 1 Construction Use -by- Exception (Application UBEX -13- 00100065) to the City Commission, to permit a contractor, not requiring outside storage, to be located within the Commercial General (CG) zoning district at 33 West 6th Street, provided the following, or similar findings of fact: (1) Approval of this Use -by- Exception is in compliance with the requirements of Section 24 -63, Zoning and Subdivision and Land Development Regulations, and is also consistent with Section 24 -111 defining the Commercial General Zoning District. Page 3 of 4 AGENDA ITEM # 8A OCTOBER 14, 2013 (2) The request is not contrary to public interest and is not detrimental to the health, safety and welfare of the general public. (3) The proposed use is compatible with adjacent properties and other properties in the surrounding area. (4) The Community Development Board may consider a motion to recommend approval of the Tier 1 Construction Use -by- Exception (Application UBEX -13- 00100065) to the City Commission, to permit a contractor, not requiring outside storage, to be located within the Commercial General (CG) zoning district at 33 West 6th Street, provided the following, or similar findings of fact: (5) The Community Development Board may consider a motion to recommend approval of the Tier 1 Construction Use -by- Exception (Application UBEX -13- 00100065) to the City Commission, to permit a contractor, not requiring outside storage, to be located within the Commercial General (CG) zoning district at 33 West 6th Street, provided the following, or similar findings of fact: The Community Development Board may consider a motion to recommend denial of the Tier 1 Construction Use -by- Exception (Application UBEX -13- 00100065) to the City Commission, to permit a contractor, not requiring outside storage, to be located within the Commercial General (CG) zoning district at 33 West 6th Street, provided the following, or similar findings of fact: (1) The request is contrary to public interest and may be detrimental to the health, safety and welfare of general public because (2) The proposed use is not compatible with adjacent properties and other properties within the surrounding area because ATTACHMENTS None. Page 4 of 4 AN1 NOA I'fI'M }I 8A OCTOBER 14, 2013 DryI Minutes. ra(the Augr,. i 20. 2013 regular• meeting of the Community Development Board MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD August 20, 2013 1. CALL TO ORDER. - 6:05pm Chair Brea Paul 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 was Redevelopment and Zoning Coordinator, Jeremy Hubsch. 2. ADOPTION OF MEETING MINUTES - July 16, 2013, Mr. Hansen called for a motion to approve the minutes of the July 16, 2013 regular meeting. Mr, Burgess moved that minutes be approved as written. Mr. Parkes seconded the motion and it carried by a vote of 7 -0. 3. OLD BUSINESS. Norse. 4. NEW BUSINESS. A. UBEX -1.3- 00100065, Tier One Construction, 33 West 6!h Street. Public hearing- Request for use -by- exception as permitted by Section 24- 111(c)(6), to allow a contractor, not requiring outside storage, to be located on a property within the Commercial General (CG) zoning district at 33 West 6th Street. Staff Report Applicant Comment Jeremy Hubsch, Redevelopment and Zoning Coordinator gave a presentation about Use By Exception 13 -65. Mr, Hubsch noted that the business is currently in operation in is located in an existing building, located just off Mayport Road. He stated that the existing building was built in 1993 and meets all setbacks, impervious surface ratio, and lot size requirements. He then gave an overview of the type of businesses that could come into the CG zoning district. Mr. Hubsch stated that the use is similar to other uses in the immediate area and fits in with the general character of the area. The applicant, Brent Parrish then stated that the site will be used as a general office with 3 employees and that there will be no outdoor storage. He stated that there won't really be any trucks on Page i of Draft Minutes of the August 20, 2013 regular meeting of the Community Development Board Public Comment Board Discussion Motion AGENDA ITEM # 8A OCTOBER 14, 2013 the site on a continuing basis. The employees keep their trucks at home and take them directly to sites, not the office. He stated that he does not own the property and does not intend to purchase it. He was asked how his business operates, and stated that the business does not store materials on site and that they outsource all of their waste management. Mr. Parrish also stated that they don't store trailers on site either. No one from the public came forward to comment on the request. Mr. Hubsch clarified to the Community Development Board that if the proposed business were to use the property more intensively and do things that weren't approved by the Use -by- Exception, that the use -by- exception could be revoked by the city. Mr. Parrish mentioned that they plan to use the property for approximately 36 months and seeing where their business is at that point. Mr. Hubsch mentioned that the Use -By- Exception does not run with the property and would be void whenever the applications leave the location. Mr. Hansen moved that the Community Development Board recommend approval of the Tier One Construction Use -by- exception (Application UBEX -13- 00100065) to the City Commission, to permit a contractor, not requiring outside storage, to be located within the Commercial General (CG) zoning district at 33 West 6th Street, provided the following, or similar findings of fact: (1) Approval of this Use -by- Exception is in compliance with the requirements of Section 24 -63, Zoning and Subdivision and Land Development Regulations, and is also consistent with Section 24- 111 defining the Commercial General Zoning District. (2) The request is not contrary to public interest and is not detrimental to the health, safety and welfare of the general public. (3) The proposed use is compatible with adjacent properties and other properties in the surrounding area. Mr. Burgess seconded the motion and it passed unanimously, 7 -0. B. ZVAR -13- 00100067, 34510th Street Public Hearing — Request for variance from the provisions of Section 24- 106(e)(3), to reduce the required side yard setbacks for a principal structure from a combined fifteen (15) feet, with a minimum five (5) feet on either side, to a combined twelve and four - tenths (12.4) feet, with a minimum of four and five - tenths (4.5) feet on one Page 2 of 5 AGENDA ITEM # 8A OCTOBER 14, 2013 Draft Minutes of the August 20, 2013 regular meeting of the Community Development Board side of an existing single - family dwelling located on a property within the Residential Single - Family (RS -2) zoning district at 345 10th Street. Staff Report Applicant Comment Public Comment Mr. Hubsch gave a brief overview of the property and the requested variance. He stated that the property was platted in 1913 as two lots 50' wide by 150' deep. He stated that the owner would like to split the property into those two previously platted lots. Mr. Hubsch said that the property was built in 1948 and the property is zoned RS -2. He stated that if the property is split into two lots, the RS -2 zoning setbacks will have to be met. The RS -2 Zoning district requires a combined 15' of setbacks on the side yards, with a minimum of 5' on either side. Mr. Hubsch stated that the existing home does not meet the current zoning setbacks and thus, the applicant needs a zoning variance in order to split the lot into two. Board Member Simmons had a question about whether or not Impervious Surface Ratio would be met by the applicant if the property was split. Jeremy Hubsch stated that he had done measurements and that the ISR would be sufficiently met. Mr. Bill Bacher, a friend and realtor of the applicant spoke on his behalf at the hearing. Mr. Bacher stated that the applicant is 82 years old and does not leave his house very often. He stated that the applicant has a wife in an Alzheimer's facility and that he would like to sell part of his property in order to be able to move her to Fleet Landing. Mr. Bacher provided information about the neighboring properties and the applicant's situation. Mr. Hubsch pointed out that if the variance is granted and the applicant sells the property, the buyer of that property will know exactly what situation they are coming to. He also pointed out that the variance could not be granted based on financial reasons or comfort, but instead strictly on the merits of the case itself. Bo Halton 349 10th Street is an adjacent neighbor to the applicants. He says he has been neighbors with the applicant for years and is friends with him. He wanted to ensure that if a new home was built on the site, that sufficient setbacks would be met where it borders his property. Board Member Simmons clarified to him that the new home would have to meet existing RS -2 setbacks and that Page 3 of 5 Draft Minutes of the August 20, 2013 regular meeting of the Community Development Board Board Discussion Motion AGENDA ITEM # 8A OCTOBER 14, 2013 the variance was solely for the existing home, which does not border his property. Board member Kelly Elmore stated that he doesn't have a problem with the variance, as the side of the lot that will be split does meet the minimum required setback. He also stated that he believes the existing home on the lot will someday be torn down and replaced based on the current market forces in Atlantic Beach. He then pointed out that a new home on that lot would have to meet the current zoning setbacks and regulations. Therefore, allowing this variance will potentially result in 2 new homes that are both in compliance with the current zoning regulations. Mr. Parkes moved that the Community Development Board vote to approve ZVAR -13- 00100067, request for variance from the provisions of Section 24- 106(e)(3), to reduce the required side yard setbacks for a principal structure from a combined fifteen (15) feet, with a minimum of five (5) feet on either side, to a combined twelve and four - tenths (12.4) feet, with a minimum of four and five - tenths (4.5) on one side of the existing single - family dwelling located within a Residential Single - Family (RS -2) zoning district at 345 10th Street, upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24 -64, specifically one or more of the grounds for approval delineated in Section 24 -64(d) Mr. Burgess seconded the motion and it carried by a vote of 7 -0. 5. REPORTS. Paul Gunsaulies 780 Begonia Street spoke regarding possible modifications for the city code relating to recreational vehicles, boats, and trailers. Mr. Gunsaulies presented his case for why he believes the code should be modified for more flexible regulations. He stated that he has spoken to the city commissioners and that they intend to kick the issue back to the Community Development Board for discussion. Jeremy Hubsch mentioned that the commission did indeed ask to have the item discussed for a recommendation. However, he said staff had not yet had time to prepare a report for the Community Development Board. Mr. Hubsch told the board that they could anticipate the item coming back to them in the near future. The board members briefly discussed the issue, but decided to wait until staff made a formal report to them prior to making any decision or recommendation. Page 4 of 5 Draft Minutes of the August 20, 2013 regular meeting of the Community Development Board 6. ADJOURNMENT - 7:10 PM Brea Paul, Chair Attest Page 5 of 5 AGENDA ITEM # 8A OCTOBER 14, 2013 AGENDA ITEM / 3 OCTOBER 14, 2013 MASTER AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH, FLORIDA, THE ATLANTIC BEACH COUNTRY CLUB, INC. AND ATLANTIC BEACH PARTNERS, LLC THIS MASTER AGREEMENT (the "Agreement "), dated as of the day of 2013, is entered into by and between; The City of Atlantic Beach, a municipal corporation located in Duval County, Florida, whose address is 800 Seminole Road, Atlantic Beach, Florida 32233; Atlantic Beach Country Club, Inc., a Florida Corporation, whose address is ;1600 Selva Marina Drive. Atlantic Beach, Florida 32233• and Atlantic Beach Partners, LLC, a Florida Limited Liability Company, whose address is 414 Old Hard Road #502, Fleeting Island, Florida 32003. RECITALS WHEREAS, Selva Marina Country Club, Inc. ("Selva Marina ") is the owner of property located in the City of Jacksonville and the City of Atlantic Beach (hereinafter "COAB ") which is currently used for the Selva Marina Country Club as more particularly described in Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, Selva Marina intends to sell the Property, including the present golf course, to a developer for residential development and to rebuild the golf course, the clubhouse and the related recreational amenities; and WHEREAS, Atlantic each Partners, LLC ( "ABP„) is the contract purchaser and proposed developer of the Property; and Formatted: Header ) AGENDA ITEM 4 8I OCTOBER 141. 2013 WHEREAS, ABP propose to redevelop the Property as a single family residential development of up to 200 residential Tots, a golf course, and a clubhouse and related recreational amenities; and WHEREAS, upon completion of the golf course, clubhouse and related recreational amenities, ownership of the golf course property will be transferred to the Atlantic Beach Country Club, Inc. (the "Country Club "): and WHEREAS, the Country Club, or its successor, assign or transferee, intends to continue to operate and maintain a private golf and country club on a portion of the Property; and WHEREAS, upon completion of the horizontal development of the residential property ABP will transfer ownership of all or a portion of the residential property to one or more entities which may include a successor in interest, a homeowners' association, and/or individual lot owners; and WHEREAS, COAB, ABP and the Country Club agree that it is in the best interest of all parties to preserve as much greenspace as possible on the Property, in the form of the golf course and related amenities, or other similar uses, including but not limited to parks, playgrounds, open space, trails, and gardens, in order to enhance the environment, maintain property values, and minimize traffic congestion; and WHEREAS, the golf course has suffered from diminished quality of its grass and a negative impact on the overall appearance of the golf course; and WHEREAS, due to the poor quality of the irrigation water corning from the Selva Marina lagoon, it will benefit the Country Club to find a new source of adequate irrigation water to successfully continue operating the golf course; and JAX■1763655_4412 -2- AGENDA ITEM 1 813 OCTOBER 14, 2013 +-- --( Formatted: Header WHEREAS, COAB intends on constructing, owning. maintaining and operating a water reclamation facility which will produce reclaimed water which may be used for irrigation purposes; and WHEREAS, the Country Club and ABP desire to irrigate the grass and landscaped areas of the golf course and the residential development on the Property, as appropriate and where feasible, with reclaimed water from the new COAB water reclamation facility; and WHEREAS, COAB is willing to deliver reclaimed water to the Property for irrigation use and ABP and/or the Country Club are willing to perpetually preserve the golf course as a greenspacc area as further described below; and WHEREAS, all parties also have agreed to vigorously pursue annexation by COAB of all portions of the Property that are currently located within the limits of the City of Jacksonville; and WHEREAS, the parties are otherwise authorized to enter into this Agreement and desire to do so under the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein and for other good and valuable consideration, the legal sufficiency of which is acknowledged by the parties, the parties agree as follows. SECTION 1. RECITALS. The above recitals are true and correct, are incorporated as if fully set forth herein, and form a material part of this Agreement upon which the parties have relied. SECTION 2, DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings: 1 JAX11763G55_4 412 -3- AGENDA ITEM 0 813 OCTOBER 14, 2013 Formatted: Header a. "COAB Water System" means the distribution lines, treatment plants, reservoirs, pump stations, mains, residential and commercial connections, and any other parts or components which comprise the public water and wastewater system of the City of Atlantic Beach, which is managed and operated by the City of Atlantic Beach, b. "Conservation" means the creation, restoration, enhancement and /or management of natural areas. c. "DEP" means the Florida Department of Environmental Protection. d, "Essential Services" means facilities, installations, and structures used to provide for basic public needs including water, sewer, drainage, stormwater management, re -use water, gas, telephone, cable, radio, electric, and similar services. "Essential Services" also include parking areas, bag drop, access drives, and service roads. e "Force Majeure" means any delay or delays which are beyond the reasonable control of the parties, including, but not limited to, acts of God, fire, adverse weather conditions such as hurricanes and tornadoes, disease or pests which destroy trees and plants, strike or other industrial disturbance (not due to breach of an applicable collective bargaining agreement), war, riot, civil disobedience, insurrection, explosions, boycotts, acts or refusals to act by any public authority (other than COAB), or orders of any court (excluding any court order obtained by the party claiming relief by reason of force majeure, including, without limitation, the order of any bankruptcy court in connection with a party's bankruptcy filing), or the inability to obtain necessary materials, supplies, labor or permits due to rules, regulations, orders, laws or proclamations, either local, federal or state, civil or military, such as delay in the issuance of a building or construction permits. I mAxu763655_4412 -4- AGENDA ITEM 11 8t3 OCTOBER 14, 2013 +-- [ Formatted: Neader f. "Golf Course" includes the tees, fairways, putting greens and one or more natural or artificial hazards associated with a golf course use. "Golf Course" also includes associated lighting and fencing, walls and gates, bathrooms, starter or half way houses or shelters /stops, permanent or temporary shelter facilities, benches, informational kiosks, informational signage, practice facilities, course maintenance facilities and equipment, golf cart paths, golf cart maintenance and /or storage facilities, facilities for the sale and service of food and beverages, including alcoholic beverages, pro shop (including retail sales), and any other similar uses supporting the Golf Course. Golf Course also includes any temporary uses and facilities, structures, or equipment associated with golf tournaments (including seating and media facilities), golf instruction, or golf education. g• "Greenspace" means Golf Course uses, Essential Services, Low Intensity Recreation and Conservation uses or any combination thereof, as those uses are defined herein. h. "Low Intensity Recreation" means open, undeveloped space, park(s), playground(s), trail(s), boardwalks, footbridges, hiking paths, garden(s), ponds, observation platforms, storage sheds for maintenance vehicles and equipment, related recreational amenities such as restrooms, benches, picnic areas, shelters and informational kiosks, fencing, walls and gates, informational signage, habitat enhancement devices such as birdhouses and bat houses, and other similar uses designed for and used for low intensity /low impact recreational uses. i. The "Point(s) of Delivery" is the location where the Reclaimed Water is delivered, and possession is transferred, from COAB to ABP, or its successor's in interest or assigns, which location or locations shall be as noted on approved engineering drawings, JAX11763655_141Z -5- j. AGENDA ITEM # 8B OCTOBER 14, 2013 The "Pond" is the approximately 3 million gallon pond to be constructed on the golf course property which will store the Reclaimed Water to be used for the golf course property. The Pond constitutes the Point of Delivery for the golf course. k. "Potable Water" means water meeting the requirements of the state of Florida for human consumption and other domestic uses, 1. "Reclaimed Water" means wastewater that is under the direct control of the treatment plant owner/operator which has been treated to a quality suitable for beneficial reuse in compliance with federal, state and local laws, rules and regulations. in. The "Recreation and Greenspace Easement" means the agreement attached hereto and incorporated herein as Exhibit "B" which sets forth the terms and conditions whereby the Country Club and/or ABP have agreed to preserve, in perpetuity, subject to the default provisions herein, a specific portion of the Property for Greenspace uses only as those uses are defined in subsection "g" above -. n. The "Ultimate User" shall mean the person or entity ultimately utilizing the Reclaimed Water for irrigation purposes. At any given time, the "Ultimate User" may include one or more of the following entities: the Country Club, ABP, a homeowners' association, individual lot owners and/or the Country Club's or ABP's successors, assigns and transferees, and purchasers. o. "WMD" means the St. Johns River Water Management District. JAX 1763655_4412 rormatted. Header 1 AGENDA ITEM # 8B OCTOBER 14, 2013 Any other words or phrases relating to the use of Reclaimed Water herein shall have the sane definitions as those given in Chapters 373 and 403, Florida Statutes, and Chapter 62 -610, Florida Administrative Code. SECTION 3. TRANSFER OR ASSIGNMENT. a. COAB may assign its rights and obligations, in whole or in part, under this Agreement, without the consent of the Country Club or ABP, to an entity which assumes such rights and obligations, provided COAB delivers written notice of such assignment and assumption to the Country Club and ABP least thirty (30) days prior to any assignment. b. ABP shall have the right to sell, transfer or otherwise encumber the Property described herein, without the consent of COAB, and any such sale, transfer, or encumbrance shall not be prohibited by this Agreement, except that written notice of any proposed sale, transfer or encumbrance must be given to COAB at least thirty (30) days prior to such sale, transfer of encumbrance. Additionally ABP may assign or transfer their rights and obligations, in whole or in part, under this Agreement, without the consent of COAB, to an entity which assumes such rights and obligations, provided ABP delivers written notice of such assignment and assumption to COAB at least thirty (30) days prior to any assignment. Notice shall not be required for any transfers by and between ABP and the Country Club or ABP and a homeowners' association which has been duly and legally established to regulate, maintain and control the residential portion of the Property. Any subsequent party in interest shall be required to utilize the allocation of Reclaimed Water described in this Agreement. c, The Country Club shall have the right to sell, transfer, or otherwise encumber the Property, in whole or in part, without the consent of COAB; provided, however, JAX11763635_.I4J -7- Formatted: Header AGENDA ITEM # 811 OCTOBER 14, 2.013 that Grantor shall provide notice to COAB at least forty -five (45) days prior to any such assignment or transfer. d. This Agreement shall be binding upon and inure to the benefit of COAB, the Country Club, ABP and their respective successors, assigns, purchasers, transferees, trustees, receivers, administrators, personal representatives, legatees and devisees, e. The terms and conditions of this Agreement shall constitute a covenant that runs with the Property. SECTION 4. TERM OF THE AGREEMENT. a. Consistent with the terms and conditions of this Agreement, COAB shall deliver and the Country Club, ABP, and all respective successors in interest and assigns shall accept and use Reclaimed Water produced by COAB as herein provided for a term of twenty - five (25) years from the date of completion of construction of the COAB Water System Such term is subject to automatic extensions consisting of five (5) years for each extension. The extensions are automatic unless the Country Club or ABP, for the Reclaimed Water they accept and use respectively, elects to terminate the Agreement at the end of the most recent term. In such case, the Country Club or ABP shall give written notification of the election to terminate the Agreement to COAB at least six (6) months prior to the end of the upcoming term. if either the Country Club or ABP individually elects to terminate the Agreement, such election does not terminate the Agreement as to the other party and the Agreement and all such rights, obligations and covenants thereunder shall remain in full force and effect with regard to the remaining party and COAB. COAB may not terminate this Agreement; nor may COAB elect not to renew this Agreement. if the Country Club elects to terminate this Agreement, the Recreation and ! AX\ I7631635_4 4J2 -8- Formatted: Header AGENDA ITEM 8B OCTOBER 14, 2013 Greenspace Easement will remain in full force and effect. However, pursuant to the terms of the Recreation and Greenspace Easement, if COAB breaches this Agreement, the Easement will automatically terminate. b. In return for COAB's promise to supply Reclaimed Water for a period of twenty --five (25) years, such period to be extended with any renewal periods, the ABP and/or the Country Club hereby agrees to execute the Recreation and Oreenspace Easement which shall restrict uses on that portion of the Property described therein to Greenspace uses only, in perpetuity, subject to the default provisions herein. SECTION 5. RECLAIMED WATER TO BE USED FOR IRRIGATION. a. PERMITTING AND CONSTRUCTION OF THE COAB WATER SYSTEM. COAB shall obtain all necessary permits from federal, state and local governmental and regulatory agencies having jurisdiction over the construction and use of the COAB Water System. COAB shall be solely responsible for the ownership, operation and maintenance of all portions of the COAB Water System and shall be solely responsible for all construction, permitting, maintenance, capital and operation costs related to the system. If the Country Club or ABP is required to obtain a permit from DEP or the WMD, COAB agrees to assist with the preparation of the necessary applications and/or forms and will pay any related fees and costs, but the permittee, whether it be the Country Club or ABP, understands that it will be responsible for all compliance requirements under the permit. The parties agree that any permits held by the Country Club or ABP can be transferred to another party as long as such transfer complies with applicable rules and regulations and is authorized or approved by the appropriate permitting agency. 1 .IAX11763655_4 -I J2 -9- Formatted: Header ) AGENDA ITEM # 813 OCTOBER 14, 2013 b. CONSTRUCTION OF SYSTEMS FOR DELIVERY OF RECLAIMED WATER. JAXS 1763655 _43j The Golf Course property: (1) Subject to the permitting provisions set forth above, ABP agrees to construct the Pond on the golf course property which will serve as the Point of Delivery for Reclaltned Water for the golf course. (2) COAB agrees to install or modify, at its own cost and expense, the necessary piping, pumps, valves, electrical lines and other appurtenant equipment needed to deliver the Reclaimed Water from the COAB Water System to the Pond in accordance with all applicable federal, state, and local laws, rules, and regulations. (3) ABP agrees to install or modify, at its own cost and expense, the necessary irrigation system(s), which system(s) may include piping, pumps, valves, electrical lines and other appurtenant equipment, to the extent that ABP deems necessary, in order to use the Reclaimed Water from the Pond for golf course irrigation in accordance with all applicable federal, state, and local laws, rules, and regulations. -10- fFcrmatted: Header (4) Following the initial installation of the irrigation system(s) on the golf course property, ABP shall be solely responsible for ownership, operation and maintenance of all portions of the irrigation system located within the boundaries of the golf course property. Upon transfer of the golf course property from ABP to the Country Club, the Country Club will then be solely responsible for ownership, operation and maintenance of all portions of the irrigation system located within the boundaries of the golf course property. ii. The residential nr'onerty: (1) COAB agrees to install or modify, at its own cost and expense, the COAB Water System to serve the residential portions of the Property which will run from the COAB Water System to a point or points agreed to by COAB and ABP adjacent to the residential portions of the Property (the "Initial Paint of Connection"). The COAB Water System may include piping, pumps, valves, electrical lines, meters and other appurtenant equipment, to the extent that COAI3 deems necessary in order to provide the Reclaimed Water up to the Initial Point of Connection in accordance with federal, state, and local laws, rules, and regulations. 1 JAXI1763655 4-U2 AGENDA 117;M # 813 OCTOBN 14, 2013 (Formatted: Header (2) ABP agrees to design and install, at its own cost and expense, special irrigation pipe to be know as "Purple Pipe" which will serve the needs of the residential portion of the Property, as determined by ABP, and which will run from the 'Initial Point of Connection along right - of-way which will be established by ABP. ABP will stub -out the Purple Pipe at each lot line within the new residential subdivision, at the entrance on Selva Marina Drive, and at any other common areas as deemed necessary by ABP, separate and apart from the water lines provided for Potable Water. if COAB desires any upgrades or upsizing of the Purple Pipe, COAB agrees to pay for any and all costs and expenses specifically associated and related to the design and installation of such upgrades and /or upsizing. (3) I JAM 1763655,4412 41J Following completion of horizontal construction of the residential subdivision, ABP agrees to dedicate the Purple Pipe to COAB. ABP and COAB agree that following the dedication of the Purple Pipe, the Point(s) of Delivery will then be considered to be located at the stub -out points for the individual residential lots, at the stub -out point for Selva Marina Drive, and at any additional stub -out points created for the common areas located within the residential portion of the Property. -12- AGENDA ITEM rY 8B OCTOBER 14, 2013 ( Formatted: Header c. POSSESSION & CONTROL OF RECLAIMED WATER. COAB shall be deemed to be in possession and control of the Reclaimed Water until it is delivered to an Ultimate User at the Points) of Delivery. After such delivery, the Ultimate User shall be deemed to be in possession and control thereof. 1 JAx11763 5_-+1' d. USE OF RECLAIMED WATER, Ultimate Users shall purchase Reclaimed Water delivered by COAB as set forth below and use it for irrigation, where such use is economically and physically feasible; however, such use of the Reclaimed Water shall be consistent with all current and future rates, titles and regulations of COAB, DEP, the WMD and all other governmental and regulatory agencies having jurisdiction over the Property or the use of Reclaimed Water. ii In no event will an Ultimate User allow the discharge of Reclaimed Water directly into surface waters of the state of Florida without obtaining consent from COAB and a permit from DEP or the WMD. Ultimate Users shall take all reasonable precautions, including signs and labeling, to prevent cross - connections between Reclaimed Water and other water sources. iii. COAB hereby consents to any and all discharges authorized pursuant to any valid state, federal or local permit held by Selva Marina, ARP, the Country Club or their successors and assigns. -13- AGENDA ITEM # BB OCTOBER I4, 2013 Formatted: Header JAx11763655_A412 AGENDA ITEM /! 813 OCTOBER 14, 2413 +--E Formatted: Header ) e. VOLUME OF WATER; DELIVERY SCHEDULE, Except to the extent of adverse conditions as provided in Section 5.f. below, COAB shall deliver to the Pond as needed, and the Country Club shall accept and use, an average volume of approximately 1.0 million gallons per day (MGD) of Reclaimed Water, or other water suitable to irrigate the golf course, cis determined by the Country Club - beginning no later than a time between January - March 15, 2014 and continuing for that period necessary for the grass on the golf course to adequately grow in as determined by the Country Club., The Country Club shall be solely responsible for determining when the grass has sufficiently grown in and shall make such determination as would be reasonably made by others in the golf course operations industry. Except to the extent of adverse conditions as provided in Section 5.f below, after the Country Club has determined that the golf course grass has adequately grown in COAB will provide, as needed, the average volume of Reclaimed Water, other suitable water, delivered to the Country Club-to approximately 400,000 gallons per day (GD) Oil average, and will continue to deliver, as needed, and the Country Club shall accept and use, the Reclaimed Water, or other Country Club nppravcdsuitable water, at this approximate volume for the duration of this Agreement. The parties acknowledge that the volume of water will be subject to seasonal fluctuations and have considered these fluctuations in this section. -14- iii. ABP and/or the Country Club agrees to provide COAB with a meter to be installed by COAB at the Point of Delivery for the Pond which will be used to monitor the volume of Reclaimed Water being delivered to the Pond. iv. With regard to individual lot owners within the residential portion of the Property, COAB will charge a connection fee that includes the cost of a meter for use of the Reclaimed Water which meter will measure the volume of water utilized by that lot owner. DELIVERY OF RECLAIMED WATER UNDER ADVERSE CONDITIONS /FORCE MAJEURE, 1 JAX11763655 4412 The parties recognize that adverse weather conditions or Force Majeure events may necessitate modification of the normal delivery schedule and volume established by COAB. The parties recognize that these adverse weather conditions or Force Majeure events may result in a need for Reclaimed Water greater or Tess than the volumes set forth in section 5.e. above. in the event of adverse weather conditions or other unforeseen circumstances, the Ultimate Users shall have the right to refuse some or all of the Reclaimed Water as is reasonably dictated by the adverse weather conditions or Force Majeure: events. Additionally, the Ultimate Users shall have the right to request a greater volume of Reclaimed Water, subject to availability as determined by COAB. In the event a greater volume of Reclaimed Water is supplied, it shall be delivered under such pressure as the COAB Water System is capable of producing. ii. If COAB's transmission or delivery system fails for reasons or Force Majeure events beyond COAB's control, or when COAB performs -15- AGENDA ITEM II 813 OCTOBER 14, 2013 Formatted: Header 1 1 JAVA 763655_ 412 maintenance or repairs on the COAB Water System, then delivery of Reclaimed Water under the requirements of this Agreement may be temporarily interrupted or limited in quantity. If an Ultimate User's irrigation system fails, or if an Ultimate User is performing maintenance or repairs to its irrigation system, then the Ultimate User may request that delivery of the Reclaimed Water be temporarily suspended or limited in quantity until the necessary repairs can be made, which shall be made in a reasonable period of time. If the Pond utilizes a float gauge system connected to the pumps at the COAB Water System, then it will not be necessary for the Country Club to request that delivery of the Reclaimed Water be limited or reduced. However, the Country Club agrees to notify COAB if unusual circumstances occur which would require the temporary suspension of delivery of Reclaimed Water. iv. If for any reason during the term of this Agreement, federal, state, or local governments or agencies fail to issue the necessary permits, grant the necessary approvals, or otherwise require any changes in the operation of the COAB Water System or the application and use of Reclaimed Water by an Ultimate User, then to the extent that such requirements affect the ability of any party to perform under the terms of this Agreement, the affected party shall be excused from performance thereof until such permits, approvals or changes are obtained. Notwithstanding the above, COAB agrees to deliver other suitable water for grow -in and /or irrigation during this time period. -16- AGENDA ITEM # 8I3 OCTOBER 14, 2013 Formatter!: Header ) g. AGENDA ITEM {t 8B OCTOBER 14, 2013 *- Formatted: leader CHARGE FOR RECLAIMED WATER USE. COAB will establish, and amend in the future as needed, volume based rates for the sale of the Reclaimed Water for all customers of the COMA Water System. Further, the rate for Reclaimed Water will be designed to equitably share the costs of operation cif the Reclaimed Water portion of the COAB Water System and to equitably amortize the construction costs of the Reclaimed Water system between all users of the system now and in the future. JAX4I763655 441 i. The Golf Course Property. In recognition of the terms and conditions of this Agreement, in consideration for the Country Club agreeing to enter into the Recreation And Greenspace Easement, and in consideration of COAB's commitment to build the Reclaimed Water portion of the COAB Water System, the rate the Country Club will be charged for use of all Reclaimed Water delivered to the Pond shall be calculated as follows: (1) Initial Eighteen Months: Due to anticipated fluctuations in need during the grass grow -in period and the construction phase of the golf course portion of the Property and in order to establish a baseline for the projected needs of all Bulk Users, including the Country Club, COAB will not charge the Country Club for delivery of Reclaimed Water to the Pond for the first eighteen (18) months. (2) The Following Years: After the first eighteen (18) months, the Country Club will be charged as follows: -17- JA}C1176365 44j, AGENDA ITEM # 813 OCTOBER 14, 2013 (a) Rate: COAI3 will calculate a rate to be charged for all Bulk Users which will include the Golf Course. This rate will be determined by COAB based upon the projected yearly Reclaimed Water use by all users, both public and private, and the projected operating costs for the upcoming year which will include, but not be limited to, chemicals, testing, electricity, equipment maintenance and manpower. COAB shall base the projected yearly Reclaimed Water use for Bulk Users upon the previous year's use by all Users, adjusted as COAB deems necessary and appropriate. The estimated annual operating cost is $40,800.00. (b) Calculation of the Country Club's Monthly Charge: Each month, COAI3 will calculate the Country Club's fee based upon the actual use of Reclaimed Water by the Country Club, as determined by reading the meter located at the Pond, multiplied by the established monthly rate. In recognition of the Country Club executing the Recreation And Greenspace Agreement, the Country Club will receive credit from COAB for the first fifty (50 %) percent of the bill and will be responsible for -18- Formatted: Header (3) AGENDA ITEM # 813 OCTOBER 14, 2013 + — (Formatted Header ) payment of the remaining fifty (50 %) percent of the Actual operating Costs: In no case shall the charge to the Country Club for any given year exceed the actual cost to operate the Reclaimed Water portion of the COAB Water System. If it is determined that the Country Club's charges for the year exceeded the actual operating costs, the Country Club shall be given a rebate or credit towards the next year's charges. ii, The Residential Property., The Ultimate Users within the residential portion of the Property will have individual meters and will be charged the established volume based rate. That rate will be less than potable water rates charged by COAB. h. OUALITY OIL RECLAIMED WATER. The Reclaimed Water delivered by COAB shall be of a quality satisfactory for irrigation of grass and landscaped areas with unrestricted public access in accordance with all applicable federal, state and local laws, rules and regulations. The Ultimate Users understand and agree that the quality of the Reclaimed Water is different from normal Potable Water and that the possibility exists that the Ultimate Users' turf management practices may have to be altered. SECTION 6. ANNEXATION. Selva Marina, the Country Club and ABP have represented to both the City of Atlantic l3each and the City of Jacksonville that they wish to annex those portions of the Property currently located within. Jacksonville into Atlantic Beach so I JAX11763655 4412 -19- AGENDA IThM # 813 OCTOBER 14, 2013 +°-- Formatted; Header that all of the Property will be located within a single municipality. Seiva Marina, the Country Club and ABP believe that the most efficient way to provide services to the new residential development on the Property will be to have them provided by the City of Atlantic Beach. All of the parties agree to vigorously pursue annexation. SECTION 7. GREENSPACE PRESERVATION. RVATION. The parties agree that it is in the best interest of the Country Club, ABP and the residents of the City of Atlantic Beach to preserve as much Greenspace as possible while still permitting development of the Property in a reasonable and economically beneficial manner. To accomplish this goal, the Country Club and /or ABP and COAB have entered into the Recreation and Greenspace Easement whereby the Country Club and/or ABP has agreed to perpetually preserve the golf course property, as specifically described in the Recreation and Greenspace Easement, for Greenspace uses. This Easement shall be recorded by COAB in a timely fashion in the the public records of Duval County, Florida by either COAB or ABP. If ABP records the Easement a copy of the recorded document shall be delivered to COAB. The Recreation and Greenspacc Easement is attached hereto and incorporated herein as Exhibit "B" to this Agreement. The Recreation and Greenspace Easement is binding on the Country Club, ABP and any successors, assigns, transferees, or purchasers regardless of whether the annexation of the Property is approved. SECTION S. EFFECTIVE DATE. This Agreement becomes effective on the date upon which ABP acquires title to the Property or simultaneously with the effective date of the Recreation and Greenspace Easement, whichever date is later. SECTION 9. NOTICES. All notices required or authorized under this Agreement shall be given in writing and shall be served by certified or First Class, LIS. mail, 1 JAX1176365S 4412 -20- AGENDA ITEM # 8I OCTOBER 14, 2013 postage prepaid, to the parties at the address listed below or such other addresses as may from time to time be designated by written notice given as herein required: THE COUNTRY CLUB: 'Drive Florida 32233, ABP: s Attn: Michael Carli 1600 Selva Marina Atlantic Beach Attn: Rick Wood 414 Old Hard Road #502 Fleming Island, Florida 32003, CITY OF ATLANTIC BEACH: Attn: City Manager, The Cit of Atlantic Beac 800 Seminole Roach a SECTION 10. Atlantic Beach, Florida 32233 Formatted: Meader ) Formatted: Font color: Auto EVENTS OF DEFAULT. if any party to this Agreement Formatted: Font color: Auto, Character scale: 0% Formatted: Normal Formatted: Font color: Auto Formatted: Font color: Auto, Character scale: 0% Formatted: Font color: Auto Formatted: Font color: Auto, Character scale: D% Formatted: Font color: Auto Formatted: Font color: Auto, Character scale: 0°% rFormatted: Font colon Auto shall fail to perform or comply with any of the covenants, terms or conditions of this Agreement, a non - defaulting party may send a notice of default to the defaulting party. The defaulting party shall have not Tess than thirty (30) days to cure the default. If the party receiving the notice fails to cure the default within the time period specified in the notice of default, said failure to cure shall constitute an event of default. If a failure of COAB to perform or observe any term of this Agreement gives rise to circumstances or conditions which constitute an emergency situation where human health or safety is threatened or substantial damage to the Property could result, the non - defaulting party shall be entitled to take immediate curative action (prior to the expiration of any notice and cure period) to the extent necessary to eliminate the emergency. COAB, if it is determined to have committed a default, shall pay to the non- defaulting party the amount of such cost, upon written demand, provided such cost must be reasonable in amount and reasonably incurred and must not exceed the scope of COAB's default. Such costs must be reasonably JAX11763655_4412 -21- Formatted: Font color: Auto, Character scale: 0% Formatted: Font color: Auto Formatted: Font color: Auto, Character scale: Q% Formatted: Font color: Auto Formatted: Font color; Auto, Character scale: 0% Formatted: Font color: Auto Formatted: Font color: Auto, Character scale: 0% Formatted: Font color: Auto Formatted: #'aril color: Auto, Character scale: 0% Formatted: Font color: Auto Formatted: Font color: Auto, Character scale: D% Formatted: Font color: Auto AGENDA ITEM 11 8B OCTOBER 14, 2013 documented and copies of such documentation must be delivered to COAB with the written demand for reimbursement. SECTION 11. REMEDIES IN THE EVENT OF DEFAULT. a. Upon the occurrence of an event of default by a party hereunder which is not cured within the time period permitted, the non- defaulting party shall be entitled to commence any legal action or proceeding against the defaulting party arising out of law, in equity or by statute, including, but not limited to, an action for damages or an action for injunctive relief for specific performance of the defaulting party's obligations hereunder. No choice of remedy by the non- defaulting party is intended to be exclusive of any other remedy available to it, but shall be cumulative and shall be in addition to every other remedy available at law or in equity or by statute. b. Upon the occurrence of an event of default by COAB which is not cured within the time period permitted, the Country Club or ABP may elect to send a Notice of Uncured Default to COAB and may elect to record any such notice in the official public records of Duval County, Florida. c. In the event that COAB fails to timely cure an event of default as described herein, the Recreation and Grcenspace Easement shall automatically terminate pursuant to the terms of the Easement, SECTION 12, INSPECTION. COAB shall have the right, upon reasonable notice to the Country Club or ABP as appropriate, to enter upon the Property to review and inspect the Country Club's or ABP's operating practices as they relate to this Agreement. I JAXu163655 4412 22- l Formatted: Header AGENDA ITEM #1 I36 OCTOBER 14, 2013 4— Formatted: Header ) SECTION 13. AUTHORITY. Each party represents to the other that it has undertaken all necessary actions to execute this Agreement, that it has the legal authority to enter into this Agreement, and to undertake all obligations imposed upon it. SECTION 14. SEVERAIIILITY. If any part of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable part shall be deemed severable, and the remaining parts of this Agreement shall continue in full force and effect provided that the rights and obligations of the parties are not materially prejudiced and the intentions of the parties can continue to be effected. SECTION 15. NON - WAIVER. The failure by one party to insist upon another party's compliance with its obligations under this Agreement in any one or more instances shall not operate to release such other party from its duties to comply with such obligations in all other instances, SECTION 16. APPLICABLE LAW AND VENUE. This Agreement and the provisions contained herein shall be governed by and construed in accordance with the laws of the State of Florida, In any action, in equity or law, with respect to the enforcement or interpretation of this Agreement, venue shall be in Duval County, Florida. SECTION 17. CONSENT AND SUBORDINATION. All holders of a mortgage, lien or other applicable encumbrance upon the Property shall execute a Consent and Subordination to this Agreement. Such Consent and Subordination shall be attached hereto and incorporated by references as Exhibit "C." JAx1176a655 -23- AGENDA ITEM 813 OCTOBER 14, 2013 SECTION 18. ENFORCEMENT, Should any of the parties employ an attorney to enforce any of the provisions of this Agreement, or defend any action instituted by another party, the prevailing party shall be entitled to be reimbursed by the other party(ies) for all reasonable costs, charges and expenses including attorneys' fees, expended or incurred in connection therewith including same on appeal. SECTION 19. NO THIRD PARTY BENEFICIARIES. This Agreement and the exhibits hereto are for the sole and exclusive benefit of the parties hereto and their respective successors and assigns, including any Homeowners' Association established for the residential portion (fthe Property and its residents, and there shall be no other third party beneficiaries, and nothing in this Agreement or the exhibits shall be construed to grant any other person any right, remedy or claim under or in respect of this Agreement or any provision hereof. This Agreement does not grant any rights or remedies to the general public. SECTION 20. WAIVER OF TRIAL BY JURY. The parties waive their right to trial by jury in any litigation directly or indirectly arising out of or relating to this Agreement. SECTION 21. ENTIRE AGREEMENT. AMENDMENT. This instrument and its exhibits constitute the entire agreement between the parties and supersede all previous discussions, understandings and agreements between them relating to the subject matter of this Agreement. Amendments to and waivers of the provisions herein shall be made by the parties in writing by formal amendment. SECTION 22. CONSTRUCTION. The parties stipulate and agree that they have each taken part in the negotiation of this Agreement. This Agreement constitutes the entire 1 JAXS1763555 -1412 -24- Formatted: Header ) Formatted: Header J agreement between the parties and has been entered into voluntarily and with independent advice and legal counsel and has been executed by authorized representatives of each party. SECTION 23. EXHIBITS AND ADDENDUMS. Exhibit ` °A" - Property Description Exhibit "B" - Recreation and Greenspace Easement Exhibit "C" - Consent and Subordination Agreement SECTION 24. RECORDING, This Agreement, including the exhibits thereto, shall be recorded in the Public Records of Duval County, Florida. AI3P shall bear the costs of such recording. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Master Agreement on the date and year first above written. THE CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation M�vni ATTEST: 1 ylielPrinl Name: Title: 1 ]AX \I76365521-112 Moyoo -25- AGENDA ITEM # 8B OCTOBER 14, 2013 Formatted: Font color: Auto Formatted: Normal Approved as to form and legality: STATE OF FLORIDA COUNTY OF DUVAL } } City Attorney AGENDA ITEM it 813 OCTOBER 14, 2013 Sworn to and subscribed before me this day of , 2013, by , Mayor of the City of Atlantic Beach, and who has acknowledged that s/he executed the same on behalf of the City of Atlantic Beach and that he was authorized to do so. 14eS /he (cheek one) ❑ is personally known to me or 0 has frFeck ced ns identificntionproved to me on basis of satisfactory evidence to be the person who executed this instrument, Formatted: Font color: Auto, Character scale: 100% Formatted: Header Formatted: Normal lotary Public, State of Florida Name: My Commission Expires: My Commission Number is: S1GNA'I' ATLANTIC BEACH COUNTRY CLUB, INC., a Florida Corporation By: Name: Michael Carlin, President STATE OF FLORIDA COUNTY OF DUVAL 1 JAX11763655 4412 -26- Formatted: DeltaView Table Body 4 Formatted: Font: 'Times New Roman, Font color: Auto, Character scale: 100% Formatted: Font: Bold, Font color: Black, Character scale: 0% Formatted: Font: Bold AGENDA ITEM # 8B OCTOBER 14, 2013 Sworn to and subscribed before me this day of , 2013, by Michael Carlin, as President of Atlantic Beach Country Club, Inc. He (check one) ❑ is ersonall r known to me or ❑ has proved to me on basis ofsatisfactor evidence to be the *erson who executed this instrument, ATLANTIC BEACH PARTNERS, LLC a Florida Limited Liability Company Natal- Public State of Florida Name: My Commission Expires: My Commission Number is: By: THE WOOD DEVELOPMENT COMPANY OF JACKSONVILLE. its Managing Member James Ricky Wood, President STATE OF FLORIDA COUNTY OF DUVAL Sworn to and subscribed before me this day of 2013, James Rick Wood as President of The Wood Develo ment Cam an of Jacksonville Manning Member of Atlantic Beach Partners, LLC. He (check one) ❑ is personally known to me or ❑ has .roved to me on basis of satisfactor evidence to be the erson who executed this instrument. 1 JAN I1763655_44.11 Notary Public, State of Florida Name: My Commission Expires: My Commission Number is: -27- +(Formatted: Header j 1 3AXt1763655 4-412 EXHIBIT "A" Property Description -28- AGENDA ITEM # 88 OCTOBER 14, 2013 + Formatted: Header JAX11763655_ 412 EXHIBIT "B" Recreation and Creenspace Easement -29- AGENDA ITEM # 8E3 OCTOBER 14, 2013 —I Formatted; Header AGENDA ITEM # 8B OCTOBER 14, 2013 EXHIBIT "C" Consent and Subordination Agreement The undersigned hereby certifies that it is the holder of a mortgage, lien or other encumbrance upon certain land in Duval County, Florida, more particularly described as: See Exhibit "1" attached hereto and made a part hereof. in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, and by execution of this Consent and Subordination Agreement the undersigned consents to the Agreement for the delivery of Reclaimed Water ( "Agreement ") entered into by the CITY OF ATLANTIC BEACH, ATLANTIC BEACH COUNTRY CLUB, INC., and ATLANTIC BEACH PARTNERS, LLC, and agree that its (mortgage /note /etc...), which was recorded in the Official Records Book , Page , of Duval County, Florida, on , shall be subordinate and subject to the terms, covenants, conditions and agreements set forth in said Agreement. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed by its undersigned officer this day of , 2013. . Witnesses: 1) Print Name: 2) Print Name: ,STATE OF FLORIDA Name: By: Its: ,COUNTY OF DUVAL, Formatted: Header Formatted: Font:: Times New Roman, Character scarp: O% Formatted: Font: Times New Roman, Character scale: O% Formatted: _ Sworn to and subscribed before me this day of Qeltavlew Table 2013, . 2013, by sods, Space After: 0 as the �f Formatted: Font color: Black, corporati . S /#ehe"check one 'El Character scale: o% is personally known to me; or 0 has pre eed-a-vali ier +oe+ e °T id".":fcationproved to Formatted: Left, me on basis of satisfactory evidence to be the rerson who executed this instrument, Indent: First line: a'', Space After: 0 p JAXI17636$ _+}1I Ncry Public, State an f County Aforesaid -30- Formatted, Font color: Auto Formatted: Font color: Auto Name: My Commission Expires Notary Public, State of Florida Narne: M Commission Ex . ires: My Commission Number is: AGENDA ITEM # 8B OCTOBER 14, 2013 l Formatted: Header Summary Report September 13, 2013 4:02 PM AGENDA ITEM 11 813 OCTOBER 14, 2013 Document Location Original SeIva Marina & City of Atlantic Beach Water Use Agreement v RTLAW -IMAN- CMS :JAX (1763655,11 :) Revised Selva Marina & City of Atlantic Beach Water Use Agreement v RTLAW -IMAM- CMS :JAX (1763655,12 :) Number of Changes Insertions Deletions Moved from Moved to Formatting Total 40 38 1 1 48 Markup Sample Text Sample Text Sample Text „Sam_ple Text 128 Formatted: Font: l Not Bold AGENDA ITEM 11 Btu OCTOBER 14, 2013 Prepared By; Emily C. Pierce, Esq. Rogers Towers, P.A. 1301 Rivcrplace Boulevard, Suite 1500 Jacksonville, Florida 32207 Tax Parcel 11D No.: RECREATION AND GREENSPACE EASEMENT This RECREATION AND GREENSPACE EASEMENT is made this day of , 2013 by ATLANTIC BEACH PARTNERS, LLC, a Florida limited liability company, having an address at 414 Old Hard Road #502, Fleming Island, Florida 32003, and being the owner of approximately acres of land in Duval County, Florida ( "Grantor„ or "ABP "), in favor of THE CITY OF ATLANTIC BEACH, a municipal corporation, organized and constituted in the County of Duval and State of Florida, whose mailing address is 800 Seminole Road, Atlantic Beach, Florida 32233 ( "Grantee" or "COAB "). INTENT AND PURPOSE The intent of the Grantor and Grantee and purpose for the execution of this Easement is to ensure that the property which is the subject of this Easement is served by an adequate source of irrigation water at reasonable rates and to prohibit intense, dense development of the subject property and to maintain the benefits of limited development. The intent and hose of this Easement for the City of Atlantic Beach is the protection of the Golf Course Property as a scenic amenity, in perpetuity, subject to the termination provisions below. In furtherance of this intent and to accomplish the stated purpose of this Easement, the Grantee has agreed to provide irrigation water for the subject property, adequate in quantity, quality and price to irrigate and water the Golf Course and related amenities, as defined herein, as such agreement is further set forth in the Master Agreement, and Grantor has agreed to preserve, in perpetuity, the subject property for Golf Course uses, Essential Services uses, and Low intensity Recreation and AGENDA ITEM # 8B OCTOBER 14, 2013 Conservation uses as those terms are further defined herein. To implement the intent and purpose of this Easement, a Baseline Documentation Report, as described herein, is required which will establish a baseline of the characteristics, current uses, and status of improvements on the subject property. This Easement specifically preserves and protects the subject property and prevents any uses that are inconsistent with the stated intent and purpose of the Easement. In this Easement, "consistent with the Intent and Purpose of this Easement" shall mean that the relevant activities on or uses of the subject property will have a positive impact, neutral impact, or no impact with regard to furthering the intent and purpose of this Easement. WITNESSETH WHEREAS, Grantor owns in fee simple certain real property located in the City of Jacksonville and the COAB as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "GC Property "); and WHEREAS, the GC Property, along with additional property, is currently used as a golf course with supporting amenities and facilities; and WHEREAS, Grantor intends on rebuilding and redeveloping a golf course with supporting amenities on the GC Property; and WHEREAS, due to the poor quality of the current irrigation water source for the exiting golf course, it will benefit Grantor to find a new source of adequate irrigation water to operate the redeveloped golf course on the GC Property; and WHEREAS, Grantee has proposed to construct, own, maintain and operate a water reclamation facility which will produce re -use water which may be used for irrigation purposes; and JAX \1789543 ;8 -2- AGENDA ITEM # 8B OCTOBER 14, 2013 WHEREAS, Grantor desires to irrigate the grass and landscaped areas of the redeveloped golf course on the GC Property, as appropriate and where feasible, with re -use water from the COAB's water reclamation facility; and WHEREAS, Grantor and Grantee have entered into the Master Agreement between the City of Atlantic Beach, Florida, Atlantic Beach Country Club, Inc. (the "Country Club ") and Atlantic Beach Partners, LLC ( "ABP "), with an effective date as described therein (the "Master Agreement "), in which COAB will provide reclaimed water, at an agreed -upon rate, and at an agreed upon quantity and quality, for the irrigation of the redeveloped golf course and supporting amenities and facilities located on the GC Property and in which Atlantic Beach Country Club, Inc. and Atlantic Beach Partners, LLC agree to record this Recreation and Greenspace Easement, as described in the Master Agreement, on the GC Property; and, WHEREAS, Grantor is otherwise authorized to enter into this Easement and desires to do so under the terms and conditions hereinafter set forth. NOW, THEREFORE, pursuant to the provisions of the Master Agreement and in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, together with other good and valuable consideration, receipt of which is hereby acknowledged, Grantor hereby voluntarily grants and conveys to Grantee a Recreation and Greenspace Easement over the GC Property in perpetuity, subject to the termination provision set forth in Article 6 below, to the extent hereinafter set forth (as the "Easement "). ARTICLE 1 RECITALS 1.1 RECITALS. The above recitals are true and correct, are incorporated as if fully set forth herein, and form a material part of this Easement. JAx \1789543_8 -3- AGENDA ITEM # 8B OCTOBER 14, 2013 ARTICLE 2 DOCUMENTATION OF PRESENT CONDITIONS 2.1 BASELINE DOCUMENTATION REPORT. The GC Property will be redeveloped by ABP and the Country Club as Golf Course and Essential Services, as defined in Section 4.1 below. In order to document the condition of the GC Property as of the date of the completion of redevelopment as Golf Course and Essential Services, a report will be prepared by the COAB in cooperation with Grantor, at COAB's cost, after the completion of redevelopment ( "Baseline Documentation Report "). The Baseline Documentation Report will document the characteristics and conditions, current uses, and status of improvements on and development of the GC Property, The Baseline Documentation Report will be provided to the Grantor and will be signed and acknowledged by Grantor, Grantee and the Country Club as an accurate representation of the GC Property at the time of its preparation. The Baseline Documentation Report will be used by the Grantee to assure that any future changes in the use of the GC Property will be consistent with the terms of this Easement. However, the Baseline Documentation Report is not intended to preclude the use of other evidence to establish the condition of the GC Property as of the date of its preparation nor is it intended to preclude development, changes, modifications, or adjustments to the use of the GC Property consistent with the Intent and Purpose and terms of this Easement. ARTICLE 3 TRANSFER OR ASSIGNMENT 3.1 TRANSFER OR ASSIGNMENT BY GRANTOR. Grantor shall make any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the GC Property subject to the terms and conditions of this Easement. Grantor shall have the right to sell, transfer, or otherwise encumber the GC Property described herein in whole or in part, under this Easement without the consent of Grantee; provided, however, that Grantor shall provide JAX \1789543_8 -4- AGENDA ITEM # 8B OCTOBER 14, 2013 notice to Grantee, pursuant to Section 8.12 below, at least forty -five (45) days prior to any such assignment or transfer. This section is not applicable to and notice shall not be required for any transfers by and between ABP and the Country Club or ABP and the homeowners' association for the residential subdivision to be developed by ABP adjacent to the GC Property. 3.2 TRANSFER OR ASSIGNMENT BY GRANTEE. This Easement is transferable by the Grantee without the Grantor's consent provided that: (a) the Intent and Purpose of the Easement continues to exist on the GC Property; (b) the transfer is restricted to an organization that, at the time of the transfer, is qualified to hold a conservation easement as that term is defined in Section 704.06, Florida Statutes; and (c) the qualified organization agrees in writing to assume the responsibilities and obligations imposed on the Grantee in this Easement. If Grantee ever comes to possess fee title of the GC Property, Grantee must ensure survivability of this Easement and all of its terms and obligations by transferring this Easement to a qualified organization under Section 704.06, Florida Statutes. If Grantee transfers the Easement, Grantee will remain responsible for compliance with the terms and conditions of the Master Agreement. ARTICLE 4 IMPROVEMENTS; ACTIVITIES 4.1 PERMITTED USES. Grantor shall maintain the GC Property for Greenspace purposes. As used in this Easement, " Greenspace" shall mean the following uses: Golf Course, Essential Services, Low Intensity Recreation and Conservation, or any combination thereof, as these terms are further defined and described below. (a) GOLF COURSE. "Golf Course" includes the tees, fairways, putting greens and one or more natural or artificial hazards associated with a golf course use. "Golf Course" also includes associated lighting and fencing, walls and gates, bathrooms, JAX \1789543_78 -5- AGENDA ITEM # 8B OCTOBER 14, 2013 starter or half way houses or shelters /stops, permanent or temporary shelter facilities, benches, informational kiosks, informational signage, practice facilities, course maintenance facilities and equipment, golf cart paths, golf cart maintenance and /or storage facilities, facilities for the sale and service of food and beverages, including alcoholic beverages for Country Club members, guests and invitees, pro shop (including retail sales), and any other similar uses supporting the Golf Course. Golf Course also includes any temporary uses and facilities, structures, or equipment associated with golf tournaments (including seating and media facilities), golf instruction, or golf education. Golf Course uses are permitted anywhere on the GC Property, and Golf Course uses may be maintained, repaired, replaced, expanded or relocated anywhere on the GC Property, provided that such Golf Course uses include no more than fifteen (15 %) percent impermeable surface area across the entirety of the GC Property and provided that any such maintenance, repair, replacement, expansion or relocation complies with all relevant local ordinances and regulations for the construction of improvements. If the GC Property ever ceases to be used as a Golf Course, then all Golf Course related signage shall be removed. Any new signage shall be directly related to the Essential Services uses or Low Intensity Recreation and Conservation uses of the GC Property. Further, if the GC Property is no longer being used as a Golf Course, buffers, fencing and screening on the GC Property directly related to the Essential Services uses or Low Intensity Recreation and Conservation uses may be allowed if approved in writing by COAB. (b) ESSENTIAL SERVICES. "Essential Services" means facilities, installations, and structures used to provide for basic public needs including water, sewer, drainage, stormwater management, re -use water, gas, telephone, cable, radio, electric, and JAX \1789543 78 -6- similar services. "Essential Services" also include parking areas, bag drop, access drives, and service roads for Golf Course uses and for maintenance and repair of Essential Services uses. The Essential Services may be used to serve the GC Property, the adjoining clubhouse and amenities of the Country Club, and the adjacent residential community to be developed by ABP and known as the Atlantic Beach Country Club located adjacent to the GC Property. Essential Services are permitted uses anywhere on the GC Property, and Essential Services may be maintained, repaired, replaced, expanded or relocated anywhere on the GC Property as long as those uses are consistent with the fifteen (15 %) percent impermeable surface limitations set forth above and comply with all relevant local ordinances and regulations. (c) LOW INTENSITY RECREATION AND CONSERVATION. "Low Intensity Recreation" means open, undeveloped space, park(s), playground(s), trail(s), boardwalks, footbridges, hiking paths, garden(s), ponds, observation platforms, storage sheds for maintenance vehicles and equipment, related recreational amenities such as restrooms, benches, picnic areas, shelters and informational kiosks, fencing, walls and gates, informational signage, habitat enhancement devices such as birdhouses and bat houses, and other similar uses designed for and used for low intensity /low impact recreational uses. "Conservation" means the creation, restoration, enhancement and /or management of natural areas. Low Intensity Recreation and Conservation may serve the GC Property, the adjoining clubhouse and amenities of the Country Club, the adjoining residential property, or the public subject to appropriate buffers, fencing and screening to protect the residential uses adjacent to the GC Property. Low Intensity Recreation and Conservation is a permitted use anywhere on the GC Property, and Low Intensity JAX \1789543_78 -7- AGENDA ITEM # 8B OCTOBER 14, 2013 AGENDA ITEM # 8B OCTOBER 14, 2013 Recreation and Conservation may be maintained, repaired, replaced, expanded or relocated anywhere on the GC Property as long as those uses are consistent with the fifteen (15%) percent impermeable surface limitations set forth above and comply with all relevant local ordinances and regulations. 42 PERMITTED MAINTENANCE. Subject to any applicable local, state, and federal laws, rules and regulations, grass, plants, trees, shrubs, bushes, flowers, and similar landscaping materials may be planted, removed, tnoved, mowed, trimmed, and maintained an the GC Property at Grantor's discretion. Additionally, soil, fill dirt, rocks, and vegetation may be placed, moved, and/or removed within or from the GC Property at Grantor's discretion, At no time may any species of plant or animal on the Florida Invasive Species (FIS) database as maintained by the Florida Exotic Pest Plant Council, its successive lists or organizations, be planted on the GC Property, Further, Grantor may utilize any and all fertilizers, herbicides, pesticides, and similar products on the GC Property in compliance with local, state, and federal laws and regulations governing their use. 4.3 TREE AND NATIVE PLANT PROTECTION. Grantor agrees to maintain a caletrlat nth Native Tree Canopy= ts-a- of eleven and seventeen hundredths (11.17%) percent of the GC Property, which " following a reasonable time for _row in of the trees and lants after redevelo ment of the Goff Course. Native Tice Canopy" is defined as a fixed area covered by the crown of contiguous native tree species or delimited by the vertical projections of their outermost perimeters allowing for small openings in the canopy assuming it creates no major division in land cover type, Raw, 'v-i-ng-th-e 've Tree JAX\1789543 ;F -8- Native Tree Can y-- in- tle-Ba:e:Iine Doc -ume1 tat-on Report, vtl : +is- I- eT; —I-flf, after grow in. Grantor intends to clear canopy to an extent which would reduce the canopy to less than the required minimum Native Tree Canopy provided above, then at least thirty (30) days prior to the clearing Grantor must submit to Grantee for its review and approval a written plan for re- vegetation up to the required minimum Native Tree Canopy. Grantor agrees to refer to the FIS database prior to planting vegetation on the GC Property in order to ensure the preservation of native plant species on the GC Property. If, for water conservation purposes, Grantor and Grantee jointly determine that the use of water for the maintenance of trees does more conservation harm than good, then the parties may agree to a reduction of the Native Tree Canopy below the minimum requirement by properly mitigating for the tree removal in accordance with Part. II, Chapter 23 (Protection of Trees and Native Vegetation), COAB Code of Ordinances, and by maintaining, in the future, at least fifteen - (1- 5eleven and seventeen hundredths (11.17 %) percent of the GC Property in planted native, xeric groundcover. Nothing in this section is intended to exempt Grantor from complying with other tree and native plant protection requirements tinder applicable local, state, and federal laws. 4.4 GARBAGE. Following completion of redevelopment of the Golf Course, the dumping or accumulation of any kind of garbage, trash, sludge, or refuse on the GC Property, other than in approved dumpsters and containers, is prohibited, unless such dumping or accumulation consists of the storage of biodegradable materials for purposes of compositing, landscaping, or maintenance of greens or gardens on the GC Property, the temporary storage of storm vegetation /debris, or similar purposes consistent with local, state, and federal laws and regulations. JAX11789543_4 -9- AGENDA ITEM # 8B OCTOBER 14, 2013 AGENDA ITEM # 8B OCTOBER 14, 2013 4.5 MINERALS. The exploration for, or extraction of oil, gas, minerals, hydrocarbons, or other similar types of material on or below the surface of the GC Property is prohibited. 4.6 ANTENNAES, RADIO TOWERS, ETC. No commercial antennas, radio towers, communications towers, or similar equipment or machinery shall be permanently installed on the GC Property. Small, private communications antennas and satellite dishes for the Golf Course or adjoining clubhouse and amenities of the Country Club or temporary communications antennas and satellite dishes used in conjunction with a golf tournament or other recreation or club event may be used on the GC Property. 4.7 HAZARDOUS MATERIALS. The use, treatment, permanent storage, disposal or release of Hazardous Materials, which shall mean any "hazardous substance" as defined in 42 U.S.C. §9601(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ( "CERCLA "); any "solid waste" as defined in 42 U.S.C. §6903(27) of the Resource Conservation and Recovery Act ( "RCRA "); or any "pollutant" as defined in Sections 376.031(16) and 376.301(36), Florida Statutes, shall be permitted only in accordance with applicable federal, state or local laws and regulations. Any use or storage of Hazardous Materials related to the maintenance and care of the Golf Course which may include pesticides, herbicides, fertilizers, fuels, oils and lubricants will be done in accordance with applicable federal, state and local laws and regulations. Otherwise, the use, treatment, permanent storage, disposal or release of Hazardous Materials on, from, or under the GC Property is prohibited. 4.8 SUBDIVISION. The GC Property shall not be divided, partitioned, subdivided, or de facto subdivided, whether by legal or physical process, into two or more parcels of land or JAX \1789543_ -10- AGENDA ITEM # 8B OCTOBER 14, 2013 partial or separate interest, except to the extent platted or subdivided as of the effective date of this Easement or thereafter as approved by COAB. At all times, the GC Property shall be owned and conveyed as a single unit that shall be subject to the terms of this Easement. Notwithstanding this prohibition, Grantor may convey parcels smaller than the whole where such conveyance is consistent with the Intent and Purpose of this Easement, including the adjustment of boundaries or consolidation of parcels, and provided such conveyance meets the following conditions: (a) the conveyance is executed in a deed and recorded pursuant to state conveyance regulations; (b) the conveyance is approved by Grantee in writing; and (c) the conveyance is subject to the terms and conditions of the Easement and specifically restricted from any uses except as permitted in Article 4 of this Easement. ARTICLE 5 RIGHTS & DUTIES OF GRANTOR & GRANTEE 5.1 GRANT IN PERPETUITY. By executing this Easement, Grantor grants and conveys to Grantee an Easement over the GC Property in perpetuity, subject to the termination provision set forth in Article 6 below. The rights and duties given herein are given solely and exclusively to Grantee and its authorized successors or assigns, as set forth in Section 3.2 of this Easement, and may not be exercised by any other party, entity, or person. 5.2 SUPERIOR TO ALL LIENS. Grantor warrants to Grantee that Grantor has obtained and recorded in the public records of Duval County, Florida, the legally binding subordination of any liens affecting the GC Property as of the date of this Easement. If any such liens exist on the GC Property, Grantor will provide copies of signed subordination agreements between Grantor and lien holder(s) to Grantee prior to the execution of this Easement. JAX \1789543 78 AGENDA ITEM # 8B OCTOBER 14, 2013 5.3 RIGHTS OF GRANTOR. Grantor reserves unto itself, and its successors and assigns, all rights accruing from its ownership of the GC Property, including the right to engage in or permit or invite others to engage in all uses of the GC Property that are permitted herein and are consistent with the Intent and Purpose of the Easement. Grantor further reserves unto itself, and its successors and assigns, the exclusive rights: to control access to, from, and on the GC Property; to charge membership, use, and access fees for use of any and all of the GC Property by any and all persons; and to deny access to the GC Property to any and all persons, subject to the limited inspection rights granted to the Grantee set forth in Section 5.5 below. Grantor, its successors or assigns, shall have the right to proceed at law or in equity to enforce the provisions of this Easement. 5.4 DUTIES & LIABILITIES OF GRANTOR. Subject to transfer and assignment under Section 3.1 above, Grantor hereby agrees to bear all costs and liabilities related to the operation, upkeep, and maintenance of the GC Property and the permitted uses thereon. 5.5 RIGHTS OF GRANTEE. To accomplish the purposes stated herein, Grantor conveys the following rights to Grantee: (a) INSPECTION RIGHTS. Grantee (using its employees and /or third parties retained for such specific purposes) has the right to enter upon and inspect the GC Property in a reasonable manner and at reasonable times, at least once annually, or make an "emergency inspection" if Grantee reasonably believes that Grantor intends to, or is in violation of the terms of this Easement, to determine if Grantor or its successors or assigns are complying with the covenants and prohibitions contained in this Easement. Grantee shall notify Grantor, in writing, of any intent to inspect at least thirty (30) days JAX \1789543_78 -12- AGENDA ITEM 11 RB OCTOBER 14, 2013 prior to the date of inspection pursuant to the Notice provisions set forth in Section 8.12 below, If any such inspection will materially interfere with the permitted uses of the GC Property, Grantor may ask to reschedule the date of inspection to a date that is within fourteen (14) days of the originally scheduled inspection. If Grantee determines that an "emergency inspection" requires ilnntediate entry onto the GC Property, to prevent, terminate or mitigate a violation of this Easement, Grantee is not required to provide prior written Notice to the Grantor but will make a reasonable attempt to notify Grantor prior to such inspection, either verbally or in writing, and regardless of whether Grantee is able to give Grantor prior notification, will provide Grantor with written notice pursuant to the Notice provisions set forth in Section 8.12 below within forty -eight (48) hours following the "emergency inspection;' -td." Grantee's right to inspect is subject to the followingprovisions: ;ti 5; I-NO', 11 xtt (i) HOLD HARMLESS. Grantee, to the fullest extent permitted by law and subject, where applicable. to the limitations set forth in Section 768.28 Florida Statutes, agrees to hold harmless, defend at its own expense, and inclelnnif Grantor its officers em lo ees a 'cuts and volunteers. a 7ainst an and all liabilit claims losses dama ex►enses includin_ reasonable attorney's fees,_ arising out of injury (whether mental or corporeal) to persons or the death of persons or damage to or destruction of property, arising* out of or incidental to an Ins ection or Etner enc Ins ection conducted b Grantee its em +lo ees a ents or third arties retained b Grantee whether due to or caused by the negligent acts or omissions of the Grantor, excluding only the sole negligence of Grantor; and -13- _ — { Formatted; Font Lcolor: Black AGEN0A 1TEm # 8R OOTOBER 14, 2013 (ii) INSURANCE. At all times during the term of this Easement where the Grantee is either COAB er is another a *enc or subdivision of the State of Florida Grantee shall maintain at its own cost and expense a valid .ro. am of insurance authorized b , Section 768.28 Florida Statutes. With res ect to Grantee's insurance program, liabilities caused by the negligent acts or omissions of the Grantee's em ees. or authorized aeents shall be subject to the limits of Section 768.28, Florida Statutes. Grantee shall provide Grantor with a letter of insurance upon request. Should Grantee transfer its rights under this Easement to a party not subject to Section 768.28, Florida Statutes, that party shall maintain, at is own cost and ex.ense the followin t es and amounts the fore oin_ limits bein minimum re+uirements of insurance for the terms of this Easement. and will furnish certificates confirming such coverage to Grantor: Workers' Comtaensation Employer's Liability Commercial General Liability Aggregate Each Occurrence Statutory $500,000 $2,000,000 $1,000,000 Automobile Liability (any auto hired autos $1,000,000 Combined Single and non -owned autos) Bodily Injury and Limit Property Damage Umbrella /Excess Insurance $2,000,000 (b) ENFORCEMENT. Grantee shall have the right to prevent and correct or require correction of violations of the terms of this Easement. if Grantee determines that a violation has occurred, Grantee shall notify Grantor in writing, pursuant to the Notice provisions set forth in Section 832 below, of the nature of the alleged violation within thirty (30) days of discovery by Grantee. Upon receipt of this notice, Grantor shall JAX\1789543 -14- immediately cease the alleged violation and, if necessary, within thirty (30) days of receipt of the notice either provide a written plan for restoration and remediation of the GC Property in accordance with the plan, or provide written documentation that the activity is permitted and is not a violation. Grantee's acceptance of Grantor's actions under either of the previous options shall be within Grantee's sole discretion and shall be confirmed by Grantee in writing within forty-five (45) days of receipt of Grantor's response. If Grantor fails to cease the alleged violation and provide a timely response to the notice of violation which is accepted by Grantee, Grantee may take legal action, including seeking injunction, to stop the alleged violation and /or require restoration and remediation. Grantor's remedies described in this section shall be cumulative and shall be in addition to any and all remedies hereafter existing at law or in equity; and (c) GRANTEE'S DISCRETION. Enforcement of the terms of this Easement shall be at the sole discretion of Grantee, and failure of Grantee to discover a violation or to take action shall not waive any of Grantee's rights, claims, or interests in pursuing any such action up to one (1) year after the initial discovery of the violation by Grantee. 5.6 DUTIES & LIABILITIES OF GRANTEE. Grantee hereby agrees that it is bound by the terms of both this Easement and the Master Agreement and acknowledges its duties and liabilities as set forth in the Easement and the Master Agreement. 5.7 COSTS OF ENFORCEMENT. Any and all costs incurred by either party in enforcing the terms of the Easement against the other party, including without limitation, costs and expenses of suit, attorneys' fees and any cost of restoration necessitated by a violation of the JAXN1789543_78 -15- AGENDA ITEM # 8B OCTOBER 14, 2013 terms of this Easement, shall be borne by the violating party. If the parties agree to mediation then the cost of the mediator's fees will be borne equally by both parties. ARTICLE 6 TERMINATION BY DEFAULT 6.1 TERMINATION BY DEFAULT. Grantor and Grantee have entered into the Master Agreement. Consistent with the Intent and Purpose of this Easement, should Grantee default under the terms of the Master Agreement this Easement shall automatically terminate. Recordation of a notification of termination to Grantee by Grantor in the public records of Duval County, Florida, shall serve as sufficient title evidence of the termination of this Easement pursuant to this Article 6. ARTICLE 7ACTS BEYOND GRANTOR'S CONTROL 7.1 ADVERSE CONDITIONS/FORCE MAJEURE. "Force Majeure" means any act or acts which are beyond the reasonable control of Grantor, including, but not limited to, acts of God, fire, adverse weather conditions such as hurricanes and tornadoes, disease or pests which destroy trees and plants, strike or other industrial disturbances (not due to breach of an applicable collective bargaining agreement), war, riot, civil disobedience, insurrection, explosions, boycotts, acts or refusals by any public authority, or orders of any court, or the inability to obtain necessary materials supplies, labor or permits due to rules, regulations, orders, laws or proclamations, either local, federal or state, civil or military, such as delay in the issuance of a building or construction permit. Nothing contained in this Easement shall be construed to entitle Grantee to bring an action against Grantor for any alleged violation of the Easement resulting from causes beyond Grantor's control including adverse weather conditions and Force Majeure. Additionally, nothing contained in this Easement shall be construed to entitle Grantee to bring an action against Grantor related to any necessary action taken by Grantor under emergency JAX \1789543_g8 -16- AGENDA ITEM # 8B OCTOBER 14, 2013 AGENDA ITEM # 8B OCTOBER 14, 2013 conditions to prevent, abate, or mitigate significant damage or injury to the GC Property, adjoining properties, or to persons resulting from such conditions. ARTICLE 8 MISCELLANEOUS 8.1 RECORDATION. Grantee shall record this Easement in timely fashion in the public records of Duval County, Florida. Grantee shall pay all recording costs and taxes necessary to record this Easement in the public records. 8.2 BINDING UPON DESIGNATED SUCCESSORS & ASSIGNS. The covenants, terms, conditions and restrictions of this Easement shall be binding upon, and inure to the benefit the Grantor's and Grantee's respective successors, transferees, assigns, trustees, and legally assigned receivers. 8.3 CHANGE OF CIRCUMSTANCES. Grantor recognizes and acknowledges that there is a loss of value and burden associated with and imposed by the execution of this Easement. Grantor agrees that the loss of value and burden associated with and imposed by this Easement shall not be used as justification or grounds for the termination or extinguishment of this Easement. Grantor also agrees that it shall not use the inability to carry on any or all of the permitted acts or uses, or the unprofitability of the permitted acts or uses, as justification or grounds for the termination or extinguishment of this Easement. 8.4 COVENANTS RUNNING WITH THE LAND. This Easement shall be an easement and covenant running with the GC Property in perpetuity, subject to the Termination by Default provisions set forth in Article 6 above, and, subject to the provisions set forth in Sections 8.8 and 8.9 below, shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. JAx \1789543 78 -17- AGENDA ITEM # 8B OCTOBER 14, 2013 8.5 EASEMENT CORRECTION. Grantor and Grantee shall cooperate to correct any mutually - acknowledged errors in this Easement and its exhibit, including typographical, spelling and clerical errors. Any such corrections shall be by recorded written agreement signed by both parties with all associated costs being paid equally by both parties. 8.6 ENTIRE AGREEMENT; AMENDMENT. This instrument and its exhibit constitutes the entire Easement and supersedes all previous discussions, understandings and agreements between Grantor and Grantee relating to the subject matter of this Easement. Except as provided in the Automatic Termination provisions set forth in Article 6 above, Grantor may not modify, amend, change, or revoke any part of this Easement without the prior written consent of Grantee. Any modification, amendment, change or revocation must be consistent with the Intent and Purpose of this Easement. Any modification, amendment, change or revocation shall be recorded in timely fashion in the public records of Duval County, Florida, at Grantor's expense. 8.7 SEVERABILITY. If any part of this Easement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable part shall be deemed severable, and the remaining parts of this Easement shall continue in full force and effect provided that the rights and obligations of Grantor and Grantee are not materially prejudiced and the Intent and Purpose of this Easement can continue to be effected. 8.8 NO THIRD PARTY BENEFICIARIES. This Easement is for the sole and exclusive benefit of the parties hereto and their respective successors and assigns. There shall be no third party beneficiaries to the Easement, and nothing in this Easement or the exhibit shall be construed to grant any other person any right, remedy, or claim under or with respect to this JAx \1789543_48 -18 AGENDA ITEM # 8B OCTOBER 14, 2013 Easement or any provision hereof. This Easement does not grant any rights or remedies to the general public, to individual residents or citizens of the City of Atlantic Beach, or to owners of properties adjoining or with views of the GC Property. 8.9 NO PUBLIC ACCESS. No right of access to any portion of the GC Property by the general public or by the citizens of Atlantic Beach is conveyed by this Easement. However, if Grantee ever comes to possess fee title of the GC Property and public access is permitted by Grantee, appropriate buffers, fences and screening shall be permitted to protect and screen the residential uses adjacent to the GC Property. 8.10 APPLICABLE LAW AND VENUE. This Easement and the provisions contained herein shall be governed by and construed in accordance with the laws of the State of Florida. In any action, in equity or law, with respect to the enforcement or interpretation of this Easement, venue shall be in Duval County, Florida. 8.11 LIBERAL CONSTRUCTION. The provisions of this Easement shall be liberally construed in favor of the grant to affect the stated Intent and Purpose of this Easement. If any provision in this Easement is found to be ambiguous, an interpretation consistent with the Intent and Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 8.12 NOTICES. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or designated successor or assign: JAX\1789543 -19- ATTLANTICATLANTIC BEACH PARTNERS, LLC: Attn: Rick Wood 414 Old Hard Road #502 Fleming Island, FL 32003 CITY OF ATLANTIC BEACH: Attn: City Manager The City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 AGENDA ITEM # 813 OCTOBER 4, 2013 IN WITNESS WHEREOF, Grantor has executed this Easement on the day and year first above written. WITNESSES, Signed, sealed and delivered F1OidaATLANTIC BEACH PARTNERS, LLC, in our presence as witnesses: Limited Liability Company, GRANTOR: Formatted: RTtabs_L1 Formatted: Font: Not Bald a Florida nature: By: : THE WOOD DEVELOPMENT COMPANY Printed Name: Name: _ OF JACKSONVILLE, Si ng attire: Printed Name: its Managing Member By:_ James Ricky Wood, President si f OF E QI ,COT. JNI[Y OF i Sworn to and subscribed before me this day of _ , 2013. by James Rick Wood, as President of The Wood Develo men Com an of Jacksonville Managing Member of Atlantic Beach Partners, LLC. He (check one) 0 is personally known to me or ❑ has proved to me on basis of satisfactory evidence to be the person who executed this instrument.. 1 JAXS1789543 3 -20- Formatted: Font: Bold Formatted: DeltaVlew Table Body Formatted: Font: Bold, Font c6Ior: Black, Character scale: 0% Formatted: Font color; Black, Character scale: 0% Formatted: Font: Bold, Font color: Black, Character scale: 0° Formatted: Font color: Black, Character scale: 0©ta Formatted: Font color: Black, Character scale: 0% Formatted: DeltaVlew Table Body Formatted: Font color: Black, Character scale: 0% Formatted: Font color: Black, Character scale: 0% Formatted: DeltaVlew Table Body Formatted: Font: Times New Roman, Character scale: 0% Formatted: Font: Times New Roman, Character scale: 0% Formatted: DeltaVlew Table Body, Space After: 0 Formatted: Font color: Black, Character scale: 0% AGENDA ITEM # 8B OCrol Etc 14, 2013 Formatted: Font color: Slack, Character scale: 0% Formatted: DeltaView Table Body Formatted: Font: Times New Roman, Character scale: 0% Formatted: DeltaView Table Body, Space After: 0 Formatted: Font: Times New Roman, Character scale: 0% Formatted: Font color: Black, Character scale: 0% Signature: Pfi -niccI 1\41114-e: COUNTY OFD 44 46 Notary Public State of Florida Name: M Commission Ex +ires: M Commission Number is: Its: individually, and as the of of 1 JAX41789543_41 -21- JAX \1789543_ ?8 EXHIBIT "A" Golf Course Property Description -22- AGENDA ITEM # 8B OCTOBER 14, 2013 Summary Report September 17, 2013 12:15 PM AGENDA ITEM ti 8B OCTOBER 14, 2013 Document Location Original v7 AB? Recreation@Conservation Easement_1789543_7 RTLAW - IMAN - CMS:JAX (1789543,70 Revised v8 ABP Recreation @Conservation Easement_1789543 8 RTLAW- IMAN- CMS:JAX (1789543,8 ;) Number of Changes insertions Deletions Moved from Moved to Formatting Total 28 28 2 2 20 Markup Sample Text Sample Text Sample Text, $ample Text BO Formatted: Font: Not Bald AGENDA ITEM: SUBMITTED BY: DATE: STRATEGIC PLAN LINK: BACKGROUND: AGENDA ITEM # 8C OCTOBER 14, 2013 CITY COMMISSION MEETING STAFF REPORT Proposed Rates for Sale of Reuse Water to Customers Jim Hans.•.... September 7, 2013 Strategic Plan Priority Number Two; Golf Course Attached for your consideration is a proposed set of rates for reuse water. These should be adopted by the City Commission by ordinance just like other water and sewer rates. However, it is not necessary to adopt them immediately due to the schedule for construction of new homes in the golf course subdivision and the proposed provision in the Master Agreement with the Country Club whereby there would be no charge for reuse during the first 18 months of grow -in and operation. These proposed rates are similar to the current Atlantic Beach water rates in several ways. They have both a base charge and a volume charge based on metered consumption. There are also separate rates for residential and commercial customers. This reuse rate adds a third category; bulk customers. This is similar to the rates for reuse water established by the JEA and Clay County. A summary of the rates from both of these utilities is attached. For the proposed reuse rates for residential and commercial customers, the base charge per month is based on the meter size and is proposed to be the same amount that the City currently charges for regular water sales. The City's charges for regular water volume include an increasing block rate whereby the more a customer uses, the higher amount they pay per thousand gallons. This rate structure has been required as part of our water consumption permit issued by the SJRWMD to encourage conservation. While reuse water is also a valuable resource that should not be wasted, it does not seem necessary to have as complex a rate structure. Consequently, a single volume charge of $1.49 per thousand gallons is proposed. This is calculated to be two- thirds of the cost of regular water for an average 12,000 gallon per month irrigation customer. The 12,000 gallon per month figure was obtained by averaging the consumption of a number of irrigation meters in the Selva Linkside Subdivision which are most similar in size and nature to the lots proposed for the new country club development. Once the 180 homes are built in the new subdivision, and estimating an average monthly usage of 12,000 gallons, the revenue to the City per year for residential customers under this rate structure would be $58,000. The bulk rate is based upon a pro -rated portion of the estimated operating costs of the reuse facility. These are currently estimated to be $40,800 per year. Based upon this proposed bulk rate, and the provisions in the master agreement BUDGET: ATTACHMENTS: AGENDA ITEM # 8C OCTOBER 14, 20I3 for charging the country club for reuse water, the estimate of revenues from the country club per year will be $16,000. This brings the estimate of total revenues from the country club golf course and the new 180 unit subdivision to be $74,000 per year. The estimated operating costs for the reuse system of $40,800 are already included in the FY -14 budget. There are no revenues for reuse budgeted in FY -14 because of the timing of construction and provisions in the proposed Master Agreement. Total revenues are estimated to equal $74,000 per year after subdivision construction is complete. 1) Proposed Atlantic Beach Reuse Rates 2) Summary of JEA and Clay County Reclaimed Water Rates as of October 2012 Proposed Atlantic Beach Reuse Rates 9/4/2013 Residential Commercial Service Availability Charge: Meter Size Amount Meter Size Amount 3/4" $8.97 3/4" $8.97 1" $8.97 1" $11.22 1.5" $8.97 1.5" $22.43 2" $8.97 2" $35.85 3" $8.97 3" $71.73 4" $112.08 Volume Charges per 1 000 gallons Volume Cost /1000 gals. Volume Cost /1000 gals. All kgal $1.49 kgal All kgal $1.49 kgal Bulk Rate Volume Cost /1000 gals. All kgal $0.35 kgal JEA Reclaimed Water Rates as of 11/22/12 Residential Commercial Service Availability Charge: Base Charge: Meter Size Amount Meter Size Amount Amount Meter Size Amount 3/4" $18.90 3/4" 3/4" 1" $31.50 1" $31.50 1.5" $63.00 1.5" $63.00 2" $100.80 2" $100.80 3" $201.60 3" $201.60 $235.03 3" 4" $315.00 4" 6" $630.00 6" 8" $1,008.00 8" $1,175.14 Volume Charges per 1,000 gallons Volume Cost /1000 gals. Volume Cost /1000 gals. 1- 14 kgal $2.60 1- 14 kgal $3.44 > 14 kgal $5.60 > 14 kgal $3.96 Bulk Rate Volume Cost /1000 gals. All kgal* $0.14 All kgal ** $0.28 *Customers who are forgoing groundwater withdrawal from SJRWMD * *All other bulk customers Clay County Utility Authority Reclaimed Water Rates as of October 2012: Residential Commercial Base Charge: Meter Size Amount Meter Size Amount 3/4" $14.69 3/4" $14.69 1" $36.72 1" $36.72 1.5" $73.45 1.5" $73.45 2" $117.51 2" $117.51 3" $235.03 3" $235.03 4" $367.23 6" $734.46 8" $1,175.14 Volume Charges per 1 000 gallons Volume Cost /1000 gals. Volume Cost /1000 gals. 1 -15 kgal $0.57 1 -15 kgal $0.57 16 -20 kgal $1.13 16 -20 kgal $1.13 > 20 kgal $1.70 > 20 kgal $1.70 Wholesale Rate: Volume Cost /1000 gals. All kgal $0.32 AGENDA ITEM # 8D OCTOBER 14, 2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Professional Engineering Services for Power Systems and Arc Flash Studies for Water Treatment Plant Nos. 1 — 4, RFP #13 -03 SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director DATE: September 5, 2013 STRATEGIC PLAN LINK: None BACKGROUND: New National Fire Protection Agency (NFPA) and Occupational Safety & Health Administration (OSHA) rules require employers to protect workers from injuries and fatalities due to arc flash hazards. An arc flash happens when electrical arcs create an explosion that can vaporize metals, plastics and flesh. Most electrical injuries are caused by arc flash rather than shock. An arc flash can be caused by many things, including corrosion, condensation, even dropping tools and creating a spark. An arc flash hazard analysis per NFPA standards must be conducted on all of the large electrical equipment in order to determine approach boundaries for both qualified and non - qualified personnel, and recommended personal protective gear at specific distances. The analysis includes a short circuit study, fault current analysis, preparation of up -to -date single line diagrams and computer modeling of the electrical equipment. Labeling of equipment and staff training will be provided as well. A Request for Proposals was advertised and invitations sent for the project. Eight firms provided proposals. The review team evaluated the proposals for Staff Competence and Availability; Past Similar Project Experience; References; Project Approach; Current Workload; Financial Responsibility and Insurance; and Proximity. After staff evaluation, the top three firms were ranked in the following order: 1St — J. Collins Engineering Associates, LLC 2nd — Martin Technical 3rd — Current Solutions Professional Engineering J. Collins Engineering Associates, LLC was the top - ranked firm for several reasons. They were ranked at the top in all three major grading criteria (project team, past similar experience and project approach). Their Project Team includes engineers who have much experience in performing arc flash studies specifically for water and wastewater treatment facilities, providing multiple examples of recent project experience similar to this project. Also, their submittal was the only local firm with industrial water /wastewater arc flash study experience. BUDGET: A total of $60,000 was included in the FY14 budget request. 1 AGENDA ITEM # 8D OCTOBER 14, 2013 RECOMMENDATION: Authorize staff to begin negotiations with the top ranked firm, J. Collins Engineering Associates, LLC for completing the Professional Engineering Services for Power Systems and Arc Flash Studies for Water Treatment Plant Nos. 1 — 4, RFP #13 -03. ATTACHMENTS: 1. Evaluation of Proposals Rating Sheet (Proposals are on file in the City Clerk's office) REVIEWED BY CITY MANAGER: 2 EVALUATION OF PROPOSALS FOR PROFESSIONAL ENGINEERING SERVICES FOR POWER SYSTEMS AND ARC FLASH STUDIES FOR WATER TREATMENT PLANTS NOS. 1-4 RFP #13-03 RFP's REVIEWED AND EVALUATED BY DONNA KALUZNIAK, RICK CARPER AND PATTY DRAKE Firm Staff Competence and Availability Past Similar Project Experience References Project Approach Current Workload Financial Responsibility and insurance Proximity SCORE/ RANK (average of 3 reviewers) [25%1 [25%] [10%1 )25%] (5%1 [5%J [5%J J. Collins Engineering Associates, LLC 24.17 24.17 10.00 25.00 5.00 4.84 5.00 98.18 / st Current Solutions Professional Engineering 21.67 23.34 10.00 21.67 2.00 1.50 .34 80.52 3rd Leedy Electric East 19,17 15.00 10.00 20.84 2.84 5.40 2.50 75.35 6th Lewellyn Technology, LLC 17.50 20.84 10.00 21.67 .34 4.50 1.17 76.02 5th Martin Technical 20.00 20,84 10.00 22.50 3.84 4.50 1.50 83.18 2nd nne pharrnaplan 5 4.17 1 1.00 6.67 0.00 0.00 1.84 19.52 Bth Schneider Electric Engineering Services 15.00 1867 4.67 19.17 0.00 1.67 3.34 60.52 7th TLC Engineering for Architecture 20.00 14.17 6.67 20.00 4A7 10.00 4.17 79.18 4th CI OZ. -171 IJ80.1.30 08 # 1I VCINJDV AGENDA ITEM: AGENDA I'rmm o RE OCJOIMMR 14, 2013 CITY COMMISSION MEETING STAFF REPORT 1. To authorize staff to sign a contract with BiIl2Pay, an automated payment processing company, to implement an Interactive Voice Response (IVR) system and a web hosted payment portal, 2. To implement a convenience fee for all credit card transactions. SUBMITTED BY: Nelson Van Liere, Finance Director DATE: September 9, 2013 STRATEGIC PLAN LINK: N/A BACKGROUND: The City currently accepts payments for various transactions by a number of methods. We accept cash, checks, credit cards, direct debit (automatic withdrawal from your checking account), on -line banking checks and wire transfers. We also accept these forms of payments through the mail, over the counter, over the phone, in the night drop box and directly from the bank Over the past few years, the number of transactions that occur over the phone has grown significantly to about 1,300 per month. Phone transactions also peak on due dates as numerous customers try to get through at the same time. The City's phone system cannot support the number of calls without moving to an automated system. An automated system will benefit the City by allowing unlimited simultaneous calls and it will free up the customer service representatives to transact business with the walk -in customers without the phone interruptions. Automation will also free up some time to devote to the back -room reconciliations that have grown since we began taking credit cards. We would like to begin by implementing automation of the payment processing functions by way of the following. Create an IVR which is an automated phone payment taking system. This will allow customers to pay bills 24/7 from anywhere. This will free up our customer service representatives to better serve the customers at the counter and free up the phones for other business during peak times. II. Create a WEB page where our utility customers can go to pay their utility bills on -line with an account number. This also enables 24/7 availability. Consider a convenience fee for credit card payments. Currently the City pays all credit card fees of about $28,000 per year. AGENDA ITEM # 8E OCTOBER 14, 2013 Bill2Pay pricing includes the phone service, programming fees, 24/7 customer support and data transmission capabilities for reports of daily activity. Their program is also available for staff to use when needed to look up customer payments throughout the day. Our current phone system is overloaded on a regular basis on critical due dates. An additional benefit of selecting Bill2Pay is that they also serve JEA customers. This means that some of our customers may already be familiar with the service when paying their electric bill. Over time, people have moved from doing business in person to the use of computers and phones. It is in the City's best interest to move in that direction as well to save time, to be more accurate, and to be more convenient for the customers. Our neighboring cities already provide these services. Payment Processing Convenience Fee Options: Option 1 Make no changes and continue business as usual. We will pay about $28,000 in credit card fees. Option 2 Pass the fees on to the customer with a minimum fee of $2.50 and a fee of $2.50 per $100.00 of charges. This fee will include charging the customer the credit card fee that the City now pays. This option will save the City from paying the $28,000 in credit card fees, but will require a onetime set -up fee of $8,000. JEA and Jacksonville Beach use this option. Option 3 Charge no convenience fee. This option will mean the City will pay 2.6% of every charge. This will increase our annual fees to about $50,000 from 28,000 including the set -up costs. Option 4 A hybrid option where the City is charged the $2.50 / $100.00 of credit card charges as in Option 2, but we then charge the customer a portion of that. Charging $1.25 to the customer would result in the City splitting the cost with the customer and would be approximately what we are currently paying. BUDGET: Currently, the budget has $28,000 included for the credit card fees. Bill2Pay requires $8,000 to develop the programming for the IVR. Depending on the option chosen 2, 3, or 4, for the convenience fee, the total cost to the City will vary as shown above. RECOMMENDATION: Authorize the City Manager to enter into a contract with Bill2Pay, an automated payment provider, to develop and implement an IVR, WEB page payment option and implement these services to include a convenience fee (Option 2), for credit card payments. REVIEWED BY CITY MANAGER: CITY OF ATLANTIC BEACH REPORT ON SYSTEM -WIDE BOIL WATER NOTICE OF SEPTEMBER 9 -10, 2013 (DRAFT) What happened? AGENDA ITEM # I0A OCTOBER 14, 2013 City staff collected required bacteriological tests from the drinking water supply wells and the distribution system. One of the supply wells tested positive for E. coil bacteria. Although the well water is treated and disinfected —and the distribution samples were negative, DEP requires a Boil Water Notice in an abundance of caution. After additional confirmation samples tested negative, DEP allowed the City to rescind the Boil Water Notice as there was no E. coli in the drinking water. Water Supply Well 1 sample was E. coli positive, which triggered the Boil Water Notice 10 confirmation samples were negative, which allowed the City to rescind the Boil water Notice as there was no E. coil in the drinking water. Well water goes through the treatment process. After treatment it is disinfected with chlorine. After treatment and disinfection, the water is pumped to the distribution system (pipes) to homes. 23 distribution system samples taken the same day and the next day as the positive well sample were all negative for E. coil or any bacteria. The Boil Water Notice was a precautionary measure. 1 Time Line Tues.9 /3/13 Wed, 9/4/13 Fri. 9/6/13 AGENDA ITEM # 10A OCTOBER 14, 2013 * Staff collected bacteriological samples at all wells and in the distribution system and took to lab for analysis • Staff collected remaining bacteriological samples from distribution system and took to lab for analysis, (DEP requires sample collection on two separate days). •One well sample from 9/3/13 indicated positive for E. coif (Note - E colt test takes 3 days) • lab personnel unsuccessfully attempted to send email to one City contact * Lab left Voice Mail for City contact Tate Friday afternoon ti 1 /� � •City received notification of E. roll positive well sample. All distribution samples clear. • Contacted Department of Environmental Protection (DEP) to notify and obtain instruction M(jn. M, • Began collecting additional samples from well to verify E. col; presence 9/9/11 • r M°11 PM' •Television /Radio, Newspaper, or Hand Delivery DEP sent staff the notification format and protocol for boil Water Notice to entire service area: * Must notify customers within 24 hours (by 9/10/13) by at least one of the fallowing methods: 919/13 Mon. PM 9/9/13 Mon. PM 9/9/13 Mon, Evening 9/9/13 1y . • Per DEP, written notification must be In specific format with specific approved language, *Staff revised notice form to include information that a well was positive, well water was disinfected, and distribution samples were free of bacteria and submitted to DEP for approval. *DEP approval received. * Notification sent to Florida Times Union and First Coast News (TV). Posted on Jacksonville -com website. * Staff provided report to City Commission • Television news interview conducted •Staff notified additional TV and radio news stations and conducted additional news interviews. Tues, AM •Responded to phone calls and emails from customers and news stations. 9/10/13 Tuei. PM [rues. Evening • tab notified staff that all confirmation samples were negative for bacteria (total conform, which includes E. call) • Requested approval from DEP to rescind boil water notice • Obtained DEP approval to rescind notice and advise customers there was no E coif in the drinking water • Issued press release to Rescind Boil Water Notice - No E. col In the drinking water •Reverse 911 to Rescind Boil Water Notice and state No E. call is In the drinking water 2 AGENDA ITEM # 10A OCTOBER 14, 2013 What went right? • There was no E. coli in the well or in the City's drinking water. • City staff took action to notify DEP and complete additional sampling immediately after receiving notification from the laboratory. • City staff followed the DEP required testing and Boil Water Notice protocol /format exactly as directed. • The issue was resolved and safety of the water verified as quickly as possible. What went wrong? • While the laboratory followed the letter of the law in accordance with the Department of Health (which allows for notification the following business day if the water supplier's office is closed when the test results are available), the laboratory did not follow their own standard procedure for immediate notification and confirmation of receipt for any positive bacteriological sample, or other potential problem with the water. • The City did a poor job of notifying residents of the Boil Water Notice: o The City did not use the Reverse -911 system to notify residents immediately of the Boil Water Notice, and instead relied strictly on DEP required protocol (the press). o Staff did not take the time to formulate a clear message that the Boil Water Notice was precautionary in nature. This led to inaccurate and inflammatory reporting by the news stations. o Staff received complaints that not all news venues were notified. o Many of the City staff that received phone calls were not adequately briefed on the details of the issue to provide needed information to the public. • The Incident Command System should have been enacted to allow for a more standardized approach in handling the issue. Future Improvements • Put the Incident Command System in place during emergencies. • Notification process will be improved for all emergencies. o The City's Reverse -911 provider, FirstCall, has provided a new web link to register for emergency notifications. The link will be on the front page of the City's website and will have fields to add multiple phone numbers, text message numbers, and email addresses. This will allow citizens to be notified in multiple ways. o Prepare a complete, updated list of media contacts and those contacts will be notified as necessary. o Prepare a complete, updated list of critical facilities (schools, Fleet Landing, etc). to ensure those facilities are contacted. 3 AGENDA ITEM # 10A OCTOBER 14, 2013 o Post all emergency notices on the City's website immediately. o Notify all City staff about details of any emergencies so they can provide as much information as possible. For Water System Issues: • Include a written, signed notification procedure with any and all laboratories for any water issues o Ensure both parties have an updated contact list available to all personnel. • Provide refresher training to Water Plant & Distribution Operators as needed: o Proper sampling techniques o DEP rules and regulations o Incident Command System • Review and update Standard Operating Procedures for sample collection, obtaining information from laboratory, notifying staff and DEP of problems, taking follow -up samples and other related issues. • Meet with DEP to determine if there are improvements or ideas that would lessen the potential for precautionary boil water notices associated with the Ground Water Rule. Attachments: 1. Boil Water Notice approved by DEP 2. Recission of Boil System -Wide Water Notice 3. Timelines for Total Coliforms and E. Coli Testing and Notification Policy from Advanced Environmental Laboratories, Inc. 4. Staff Report on Ground Water Rule and potential problems, December 1, 2009 4 AGENDA ITEM # 10A OCTOBER 14, 20L3 CITY OF ATLANTIC BEACH — DRINKING WATER WARNING One of the City's drinking water supply wells has tested positive for E. coli bacteria. What happened? What is being done? • The treatment plant served by the well has been taken offline. • Physical inspection of the well revealed no problems. • Additional samples have been taken for testing to confirm whether a problem exists. BOIL YOUR WATER BEFORE USING E. coli bacteria were found in the one of the City's supply wells on September 3, 2013. These bacteria can make you sick and are a particular concern for people with weakened immune systems. • The bacteria were found in supply well water that subsequently goes through the treatment process, including disinfection with chlorine, so it is likely that the bacteria were killed. • Tests taken on the distribution system on the same day were all clear of bacteria. However, it is important to ensure everyone's safety: • DO NOT DRINK THE WATER WITHOUT BOILING IT FIRST. Bring all water to a boil, let it boil for one minute, and let it cool before using, or use bottled water. Boiled or bottled water should be used for drinking, making ice, brushing teeth, washing dishes, and food preparation until further notice. Boiling kills bacteria and other organisms in the water. E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems. The symptoms above are not caused only by organisms in drinking water. If you experience any of these symptoms and they persist, you may want to seek medical advice. People at increased risk should seek advice about drinking water from their health care providers. We will inform you when test show no bacteria and you no longer need to boil your water. We anticipate resolving the problem within two days. For more information, please contact Harry McNally, Plants Division Director at (904) 247 -5838 or hmcnally a,coab.us, or contact the Department of Environmental Protection, Potable Water Section at 904 - 256 -1637. General guidelines on ways to lessen the risk of infection by microbes are available from the EPA Safe Drinking Water Hotline at 1- 800 - 426 -4791. Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail. This notice is being sent to you by our water system: City of Atlantic Beach Potable Water System ID: 2160200 Date distributed: 9/9/13 AGENDA ITEM # 10A OCTORLEt 14, 2013 September 10, 2013 RESCISSION OF SYSTEM -WIDE BOIL WATER NOTICE TO: CITY OF ATLANTIC BEACH WATER CUSTOMERS THE SOIL WATER NOTICE IS HEREBY RESCINDED. ADDITIONAL TESTING HAS DETERMINED THAT THERE ARE NO E. coil BACTERIA PRESENT IN THE ATLANTIC BEACH DRINKING WATER SYSTEM. IF YOU HAVE ANY QUESTIONS, PLEASE CALL OUR DISPATCHER AT (904) 247 -5834. DONNA KAALUZNIAK UTILITY DIRECTOR City of Atlantic Beach Water System. PWS ID No. 2160200 Issued September 10, 2013 Nuanced Environmental Laboratories, Inc. Donna Kaluzniak Utility Director City of Atlantic Beach 902 Assisi Lane Atlantic Beach, FL 32233 AGENDA ITEM # 10A OCTOBER 14, 2013 6601 Southpoint Parkway Jacksonville, Florida 32216 (904) 363 -9350 FAX (904) 363.9354 September 11, 2013 RE: Timelines for Total Coliforms and E. coli Testing and Notification Policy Dear Ms. Kaluzniak, Walter Kronz informed me that you would like a breakdown of the timelines for conducting analysis of Total Coliforms and E. coli by Standards Method 9222B. Rather than send you the entire method, I broke out two sections that specifically deal with the time for initial membrane filtration incubation as 24 hrs +/- 2 hours and the Total Coliform and E. coli confirmation steps of 48 hour +/- 3 hours. From Standards Method 9222B 21st Edition 5c. ...If liquid medium is used, place a pad in the culture dish and saturate with at least 2.0 mL M -Endo medium and carefully remove excess medium by decanting the plate. Place prepared filter directly on pad, invert dish, and incubate for 22 to 24 h at 35 +/- 0.5 °C..... 5f. Coliform verification: Occasionally, typical sheen colonies may be produced by noncoliform organisms and atypical colonies (dark red or nucleated colonies without sheen) may be coliforms. Preferably verify all typical and atypical colony types. For drinking water, verify all suspect colonies by swabbing the entire membrane or pick at least five typical colonies and five atypical colonies from a given membrane filter culture... 1) Lactose fermentation — Transfer growth from each colony or swab the entire membrane with a sterile cotton swab (for presence- absence results in drinking water samples) and place in lauryl tryptose broth; incubate the lauryl tryptose broth at 35 +/- O.5°C for 48 h. Gas formed in lauryl tryptose broth and confirmed in brilliant green lactose broth (Section 9221B.2 for medium preparation) within 48 h verifies the colony as a coliform. Simultaneous inoculation of both media for gas production is acceptable. Inclusion of EC broth inoculation for 44.5 +/- 0.2 °C incubation will provide information on the presence of fecal coliforms. Use of EC -MUG with incubation at 44.5 _ 0.2 °C for 24 h will provide information on presence of E. coli... Nuanced Environmental Laboratories, Inc. AGENDA ITEM # 10A OCTOBER 14, 2013 6601 Southpoint Parkway Jacksonville, Florida 32216 (904) 363 -9350 FAX (904) 363 -9354 Advanced Environmental Laboratories' policy for notification follows the FDOH laboratory certification rule 64E -1, from which the following excerpt was taken. From FDOH Rule 64E -1 ...1(a) The laboratory may report presumptive positive microbiological results immediately without waiting for total coliform confirmation. The laboratory shall report confirmed positive total coliform results to the supplier of water no later than the end of the next business day after confirmed positive total coliform results are determined. The laboratory shall report positive fecal coliform or E. coil results to the supplier of water by the end of the day when the results are determined, unless the results are determined after the water supplier's office is closed, in which case the laboratory shall report the results to the water supplier before the end of the next business day. While the laboratory in giving notification may have followed the letter of the rule, we did not perform up to AEL's own standards. I sincerely apologize for the inconvenience this has caused you. My full attention as well as that of the senior staff has been focused on reviewing and updating our policies so that a situation similar to what has just occurred will never happen again. We will be in contact on some possible options for making earlier notifications, possible changes in testing methods, and what you would like to have for a contact hierarchy. Please feel free to call me, as I would be more than happy to discuss this with you in person. Sincerely, (j17 Kelly Bortle Corporate Quality Assurance Officer Advanced Environmental Laboratories, Inc. Phone: 904 - 363 -9350 ext. 202 Fax: 904 - 363 -9354 Email: kbortle @aellab.com Web: www.aellab.com AGENDA ITEM # 10A OCTOBER 14, 2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: New Ground Water Rule SUBMITTED BY: Donna Kaluzniak, Utility Director DATE: December 1, 2009 BACKGROUND: The Ground Water Rule (GWR) is a new regulation from the U.S. Environmental Protection Agency (EPA). The rule's purpose is to protect public health. However, staff believes the rule may have unintended consequences of creating unfounded concerns for the public. Currently all utilities, including the City of Atlantic Beach, collect monthly bacteriological samples throughout the water distribution system. Tests are run to ensure proper disinfection takes place in the water mains. This bacteriological testing is required by the Department of Environmental Protection (DEP). There is an approximate 5% false positive rate for some of the bacteriological tests. Should a sample test positive, DEP requires the utilities to re- sample at the positive location, plus upstream and downstream. If the resamples are negative, the original failed sample is assumed to be a false positive or due to a sampling or testing problem. Under the GWR, if a distribution sample tests positive, utilities must test their source water —in the City's case, all 8 wells —for bacteria within 24 hours. Any positive well sample requires the utility to issue a Public Notice within 24 hours, stating that bacteria were found in the well water. Although the rule requires five additional resamples for each positive well test, the Public Notice must be issued before any confirmation that a problem truly exists. Also, water from the wells must go through the treatment process, so even if a well was positive (highly unlikely for Floridan Aquifer wells), that water would be treated and disinfected before entering the distribution system. In addition, any positive test on a well requires the City to add health effects language to the Annual Water Quality Report, even if the five additional samples are clear. The required language states that these bacteria can cause gastrointestinal illness, headaches and other symptoms. The Ground Water Rule is a federal regulation that must be followed. Staff is concerned that requiring Public Notice with no confirmation of positive results may create unnecessary anxiety among citizens. Staff wishes to inform the Commission of the rule requirements in case any Public Notices must be sent, or health effects language added to the City's Water Quality Report to comply with the rule. BUDGET: No budget impact. RECOMIMIENDATION: Staff report is for Commission's information only. ATTACHMENTS: 1. REVIEWED BY CITY MANAGER: 1 AGENDA ITEM # 10B OCTOBER 14, 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 1of7 AGENDA ITEM # 10B OCTOBER 14, 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 Page 2 of 7 Initials 5 = score for this category AGENDA ITEM # 10B OCTOBER 14, 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 Page 3 of 7 Initials 5 = score for this category AGENDA ITEM # 10B OCTOBER 14, 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 Page 4 of 7 Initials = 5 = score for this category AGENDA ITEM # I0B OCTOBER I4, 20I3 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 Page 5 of 7 Initials 5 = score for this category AGENDA ITEM # 10B OCTOBER 14, 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 T 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 # 10B OCTOBER 14, 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 0 - • @ \ o u a o o o / ƒ g k: 7•— u o cn j czt /� &Q o • 0 5 / G/ / 7 .( '§ 0o- / \ \ \ 3 \ §«\ /� § ) / \ .§ § § 2 § \f • � % « ( § 7 • ( /• c 0 bp \ o: ƒ ]: (1--1 / § 0 � � u czt k \ / u r AGENDA ITEM «!p OCTOBER 14, 2013 General Comments List notes or comments that support the overall rating on leadership NI = Needs Improvement, FME = Fully Meets Expectations, EE = Exceeds Expectations, NA = No observation or too early to tell Rating z ƒ / Descriptive Statements 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 .........._ U Sr O U � • p O O • Q � O z a.) 0 ct c J' o W U (-2 O • bbA O U O . 0 crd 4-( czt C o� E bA czt 0 E U O U � O Q) AGENDA ITEM # 10B OCTOBER 14, 2013 General Comments 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 Rating z w z Descriptive Statements 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 SERVICE DELIVERY AND ADMINISTRATION a) O a) a) bn czt a) y >, bbZ U O c "Cl • O U O ct .• 3 O O C t cc) cA O O cz• t E "d O czt O E O i' (7; O up • 0 a sa. 0 o� c ct U O 0 O O AGENDA ITEM # 10B OCTOBER 14, 2013 General Comments 1 List notes or comments that support the overall rating on service delivery and administration 1 NI = Needs Improvement, FME = Fully Meets Expectations, EE = Exceeds Expectations, NA = No observation or too early to tell Rating z wl wl z Descriptive Statements 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 0 cct a) U � U • 4j cct cct U U Q" E E U U z b• � y E E � 3 U O .174 o z 0o W'—c- •� �� 7:1 U •c fl, cu cct cct E° U U .} 4 v� O -- v) U O 0 0 U U U AGENDA ITEM # 10B OCTOBER 14, 2013 General Comments List notes or comments that support the overall rating on citizen and community relations NI = Needs Improvement, FME = Fully Meets Expectations, EE = Exceeds Expectations, NA = No observation or too early to tell bW n �W Z w Descriptive Statements 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 PERSONAL AND PROFESSIONAL QUALITIES -o U O cn bA O E EO •U Q) bA b � .E N O Q. CA N N E E bUA E .. E U • E 0 O c,:to Eo • o N c� ,A o N O U ▪ N cn czt AGENDA ITEM # 10B OCTOBER 14, 2013 General Comments List notes or comments that support the overall rating on personal and professional qualities NI = Needs Improvement, FME = Fully Meets Expectations, EE = Exceeds Expectations, NA = No observation or too early to tell Rating z W w z Descriptive Statements 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 CITY COUNCIL RELATIONS -o O ai .D i 0 a O U +- cc O + cC E 0 bo • U U � • O 3[—i O 0 0 O 0c (1) 0 .4._ 40 U C O O 0 U cn bq 0 N U E U U (4 0 O N � O U cc 0 0 0 0 7 A- ^0 cc O (24 r 0 0 U 0 0 0 .0 C 0 U ■ U N a) U U 0 0 0 AGENDA ITEM # 10B OCTOBER 14, 2013 General Comments List notes or comments that support the overall rating on city council relations NI = Needs Improvement, FME = Fully Meets Expectations, EE = Exceeds Expectations, NA = No observation or too early to tell Rating Q z w z Descriptive Statements 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 .... ..........__ -__