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9-14-15 Amended Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING September 14, 2015-6:30PM AMENDED AGENDA Call to order Invocation and pledge to the flag 1. A. B. C. Approve the minutes of the Commission Meeting of August 24, 2015. Approve the minutes of the Commission Budget Meeting of August 12, 2015. Approve the minutes of the Commission Budget Meeting of August 17, 2015. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. Public Hearing -Use-by-exception to permit on premises consumption of alcoholic beverages within the Commercial General (CG) Zoning District at 28 Sherry Drive (15- UBEX 1042). B. Public Hearing-Request for a Height Waiver at 1089 Atlantic Boulevard. *C. Short Sale and Purchase Agreement for 280 Camelia Street, Bennett Property. 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 Public Works Status Report as of August 28, 2015. B. Approve the contracts with the organizations providing recreation programs at City facilities and authorize the City Manager to sign the contracts with ABET, ABAA, and tennis professional Brecht Catalan. C. Extend the street sweeping contract to USA Services Florida, Inc. for one year at the current prices, term being November 1, 2015 thru October 31, 2016 (Bid No. 1213-01). D. Extend the annual contract for janitorial services for City facilities to Supreme Janitorial Service for one year at the current prices (Bid No. 1213-06). E. Extend the annual contract for landscape maintenance of Atlantic Blvd. Medians, Town Center, Mayport Rd. Flyover Areas, Mayport Road Medians, City Parks and Common Areas to R&D Landscape & Irrigation, Inc. for one year at the current prices (Bid No. 1011-24). F. Approve the Fifth revised Interlocal Agreement among the City of Jacksonville, City of Atlantic Beach, City of Jacksonville Beach, City ofNeptune Beach and the Commander, U.S. Naval Station Mayport, U.S. Navy for Conduct of the Sea and Sky Spectacular and authorize the City Manager to sign the agreement. 1 5. C~mmittee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Public Hearings and First Reading on Adoption of a Tentative Millage Rate and Ordinance No. 20-15-132 establishing the Operating Budget for fiscal year 2015/2016. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016. 8. Miscellaneous Business (Discussion only) A. Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 2349 W. Ocean Forest Drive. B. Renewal ofLiability and Workers' Compensation Insurance. C. LIUNA Local630 "Blue Collar" Union Contract extension. D. Coastal Florida PBA Negotiations 2015-2018 Contract. E. Ordinance Banning the Retail Sale of Dogs and Cats. (Commissioner Mark) F. Proposed Resolution on Banning Fracking Statewide. (Commissioner Mark) **G. Appeal ofVariance for Relieffrom Sections 24-64 and 24-88 (b), granted J\lly 21,2015. 9. City Manager A. 90-Day Calendar (October through December 2015). 10. Reports and/or requests from City Commissioners and City Attorney Adjourn * Amended on 9/10/15 to add the attachments to Item 3C. **Amended on 9/10/15 to add Item 8G. Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Commission Meeting Video tab located on the home page of the City's website at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission 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 5:00PM, Friday, September 11,2015. 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 IN ATTENDANCE: MINUTES REGULAR CITY COMMISSION MEETING August 24, 2015 CITY HALL, 800 SEMINOLE ROAD AGENDA ITEM #1A SEPTEMBER 14, 2015 Mayor Carolyn Woods Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark City Manager Nelson Van Liere ABSENT: Commissioner Mark Beckenbach Call to Order/Pledge: City Attorney Richard Komando City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Mayor Woods called the meeting to order at 6:31 p.m. Mayor Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of Minutes A. Approve the minutes ofthe Commission Meeting of August 10, 2015. Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor Woods stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. John November, 271 East Coast Drive, spoke in favor of the Bennett property project at 280 Camelia, stating this is the perfect opportunity to boost property values around that park and make that park something that is really attractive for City visitors and residents. John Stinson, 150 12th Street, stated he was at the budget meeting where the projection of annual required contribution and actuarial accrued liability was presented, and he would like to see what this spreadsheet looks like ifthey use a 4 Yz-5% return on the investment instead of7%. Chris Jorgensen, 92 W. 3rd St., addressed the danger at the five-way stop, the traffic on Seminole and Sherry, and the sidewalk on Club Drive. No one else from the audience spoke, so Mayor Woods closed the Courtesy ofthe Floor to Visitors. 3. Unfinished Business from Previous Meetings A. Public Hearing -Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 800 Sherry. Director of Public Works Doug Layton explained the waiver request. Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. AGENDA ITEM #1A SEPTEMBER 14, 2015 August 24, 2015 REGULAR COMMISSION MEETING Page2 Motion: Approve requested waiver to City Code Section 19 as requested in the waiver application for 800 Sherry. Moved by Mark, Seconded by Daugherty Commissioner Hill asked what the tree mitigation was for the tree that was declared diseased. Mr. Hubsch stated the normal mitigation is 2-1 and if they wanted to make it a condition for approval, they could say that they would have to replace the tree at a 2-1 ratio. He stated, however, he was not aware of the tree issue. Discussion ensued. Terry Brown, the owner, stated the plan for the driveway doesn't require them to take out the tree. Commissioner Hill stated if that is the case, his comments are not relevant; he just didn't want to give a waiver for something that cost a tree. Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED B. Public Hearing -Use-by-exception 15-UBEX-1043 to permit a veterinary clinic within the Commercial General (CG) Zoning District at 725 Atlantic Boulevard, Unit 1. Mr. Hubsch summarized the use-by-exception stating the Community Development Board (CDB) recommended approval 5-0 with the conditions attached and staff recommends those conditions as well. Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Motion: Approve the use-by-exception 15-UBEX-1043 with conditions that: 1.) The applicant ensure sanitary conditions outside their unit by installing and maintaining pet waste stations in adjacent landscape areas and installing an exterior hose to clean hard surfaces; and 2.) The applicant installs sound proofing in walls adjoining neighboring units. Moved by Mark, Seconded by Daugherty Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Building Department Monthly Activity Report and Monthly Financial Report for July 2015. August 24, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #1A SEPTEMBER 14, 2015 Page3 B. Extend the contract for one year at the current prices, term being August 27, 2015 to August 26, 2016, to Moline Electric Motor & Machine, Inc. for City Bid No. 1112-08 Repair of Electrical Motors & Pumps. C. Approve the 4th Amendment to the PCS agreement and authorize the City Manager to execute the amendment. Mayor Woods read the Consent Agenda. Motion: Approve Consent Agenda Items A, B and C as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 15-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF JACKSONVILLE RELATING TO COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) AND THE HOME INVESTMENT PARTNERSHIP (HOME), CLARIFYING RESTRICTIONS FOR THE TRANSFER OF CDBG AND HOME FUNDS; PROVIDING AN EFFECTIVE DATE. Mayor Woods read the Resolution by title. Motion: Approve Resolution No. 15-09. Moved by Mark, Seconded by Daugherty City Attorney Komando explained this Resolution is to update the agreement we have with Jacksonville based on the new requirements that have come down from Federal HUD, so it just brings their contracts into compliance if they were all being reviewed. Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances None. 8. Miscellaneous Business (Discussion only) August 24, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #1A SEPTEMBER 14, 2015 Page 4 A. Use-by-exception to permit on-premises consumption of alcoholic beverages within the Commercial General (CG) Zoning District at 28 Sherry Drive (15-UBEX 1042). Building and Zoning Director Jeremy Hubsch summarized the use-by-exception request. He showed slides of the site plan and renderings of the hotel and the zoning district map. He stated the CDB recommended approval with a vote of 5-0 with conditions, which he explained. Discussion ensued regarding the maximum of 35 people in the lounge. Mr. Hubsch answered questions from the Commission. Greg Schwartzenberger, 428 Laura St., Neptune Beach, the owner of the hotel, stated the intended goal of the lounge and selling beer and wine to their guests is to provide an additional amenity for their guests; they don't want the lounge to be opened to the public. He answered questions from the Commission. Discussion ensued. It was the consensus of the Commission to move this forward to the next agenda for action. B. Request for a Height Waiver at 1089 Atlantic Boulevard. Mr. Hubsch summarized the request for the height waiver for two elevator shafts showing slides of an aerial view, street view, sight line, location of the shafts, etc. Representing the property owner, Randall Whitfield and Shalene Estes of Ashland Investments, 7880 Gate Parkway, Jacksonville, also gave a presentation with slides further explaining the request for the height waiver. Mr. Whitfield and Mr. Hubsch answered questions from the Commission. Commissioner Daugherty disclosed that he used to work with Mr. Ashourian's brother, Ed Ashourian. Commissioner Hill also disclosed he has a storage unit with them on the north side of Jacksonville. Discussion ensued. It was the consensus of the Commission to move this forward to the next agenda for action. C. Discussion on purchase of Bennett Property at 280 Camelia Street. City Manager Nelson VanLiere stated Mr. November and Commissioner Daugherty have contacted the City about a short sale/purchase contract arrangement with Mr. Bennett and the question is whether the Commission wants to move forward to try to acquire this property or not. Mayor Woods stated the question would be whether they would put it on the agenda for the next meeting to authorize the City Manager and City Attorney to begin negotiations to purchase the property. Commissioner Hill asked if the immediate neighbors who will be affected have been asked if they have any problems. Mr. November, representing the seller, stated he has had multiple discussions with the neighbors explaining safety was their concern. Commissioner Daugherty stated Mr. Bennett is agreeable to a short sale which allows the City to get the entire parcel at a lower price. Discussion ensued. Mayor Woods recapped that they will get an official City notification sent to people who will be affected within 300 ft of the property; Mr. November will circulate a petition for the park to be developed from these same neighbors; and the Commission will give the okay for the City Manager and City Attorney to negotiate. Mr. Komando stated they should start by getting their own appraisal and it should express what the property is worth with house removed. Further discussion ensued. It was the consensus of the Commission to move this forward to the next agenda for review of a contract for action. Mr. Van Liere asked, as far a funding goes, would the condition be subject to funding. Mr. Komando stated there will have to be some conditions included in the contract, but believes they can work those out and that should be one of the conditions. He stated the contract would have to be contingent on Commission approval. August 24, 2015 REGULAR COMMISSION MEETING 9. City Manager A. City Manager's Report. • 90-Day Calendar (August through October 2015) AGENDA ITEM #1A SEPTEMBER 14, 2015 Page 5 City Manager VanLiere reported Michael O'Shields has left Morgan Stanley, who is the money manager for the Police and General Employees Pension Plans. He also reported the Blue Collar Union has given the City notice that they will renew the contract with the raises that are in the budget. He stated they are still working on the Police Union contract. There was legislation passed that will require us to negotiate one item having to do with the 185 money for the Police. Mayor Woods reminded everyone that a few years ago they did make major changes to the pension plan, closing the employee plan to non-vested and new hires and they renegotiated and restructured the benefit package reducing those benefits. She stated the City's promise to the employees going forward was that they would now be able to give raises, which they had not been able to do for a number of years, so she is happy to see us being able to fulfill that obligation and intention. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Daugherty • Stated he will not be here for the October 12 meeting; he is getting married the day before. Commissioner Mark • Reported on the Florida League of Cities Annual Conference she attended and the Growth Management and Economic Affairs Committee she sat on. She stated everything is on their website. • Stated they may need to change the October 3 Town Hall meeting because she has another commitment for that day. Commissioner Hill • Stated tomorrow is Election Day and it is your duty to vote tomorrow. City Attorney Komando • Stated he sent out an update that the Special Magistrate has responded to the dangerous dog appeaL He stated at this point they are just going to wait for the judge to make a decision but will keep the Commission updated. Mayor Woods • Urged everyone to get out to vote. • Stated they have received a request on the Salt Air drainage improvement plan. She stated some neighbors on Sylvan St. have put together a petition stating they are happy with their street the way it is and don't believe they have drainage problems and are asking that the City stop the project there. Mr. Layton stated at this point nothing has been done there; it is a bid alternate and it can be deleted, but it needs to be done tonight. Discussion ensued. Mr. Layton stated the contractor hasn't started on either Sylvan or David yet and he can tell him first thing in the morning not to do them if that is what they want. Mr. Komando asked if Mr. Layton can inform them that there is consensus and the formal vote will be in two weeks. He stated then if there is any public who wants to comment, that will give them opportunity to come and address it. Mr. Van Liere stated Sylvan and David were deductive alternates from the bid that was awarded. Further discussion ensued. Mayor Woods stated they need to have an emergency vote to put it on hold until they are able to contact all the residents because the petition she is looking at only has people on Sylvan and it doesn't say don't do David. Mr. Layton stated if he tells the contractor to stop, he will demobilize and we would pay him to come back. He August 24,2015 REGULAR COMMISSION MEETING AGENDA ITEM #1A SEPTEMBER 14, 2015 Page 6 stated he really needs guidance tonight if they want to delete them. A map of the area was put on the overhead. Mayor Woods read the petition in its entirety. Further discussion ensued. Motion: Call an Emergency Vote to cancel the project. Moved by Woods, Seconded by Mark Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Motion: Delete Sylvan and David from the Salt Air Drainage Proiect but finish up, clean up and repair driveways as needed. Moved by Daugherty, Seconded by Hill Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 8:14p.m. ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/Presiding Officer AGENDA ITEM #lB SEPTEMBER 14, 2015 MINUTES OF THE BUDGET WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN COMMISSION CHAMBERS ON WEDNESDAY, AUGUST 12,2015 AT 5:00PM City Commission Members present: Carolyn Woods, Mayor Mark Beckenbach, Mayor Pro Tern Jonathan Daugherty, Commissioner Jimmy Hill, Commissioner Maria Mark, Commissioner Staff present: Nelson VanLiere, City Manager Russell Caffey, Finance Director Doug Layton, Public Works Director Kayle Moore, Deputy Public Works Director Donna L. Bartle, City Clerk Call to Order The meeting was called to order at 5:06 p.m. by Mayor Woods. Introduction City Manager Nelson Van Liere stated an Annual Operating Budget is one of the City's most important work products that a City Manager is tasked with. He explained this document gives the City Officials the authority to collect revenues and pay the expenses. It allocates the resources among departments in line with the Commission's priorities and policies by setting limits on how much each department can spend. He distributed copies of the slides for his introduction presentation, copies of the Public Works presentation and the proposed City of Atlantic Beach Annual Operating Budget 2016. He introduced Public Works Director Doug Layton, Deputy Public Works Director Kayle Moore and Finance Director Russell Caffey. Mr. Van Liere gave a slide presentation on the Agenda and Introduction, the Budget Policy and Highlights, the 2015 Strategic Priorities Summary, the 2016 Strategic Priorities Summary, the Revenue Overview and Summary, and Expense Overview. Discussion ensued regarding the Seminole Road project. Mr. VanLiere discussed the available cash balances and the Personnel Services summary. Discussion ensued. Mr. Van Liere distributed a handout prepared by the Actuary for the General and Polict( Retirement showing the 15-year projection of annual required contribution and actuarial accrued liability. He explained the total unfunded liability on the General stops after 2023 and the contribution drops down to $180,000 by 2026. He stated this is due to the plan being closed and the Actuary forcing us to accelerate the amortization of that liability over this short period of time. He stated closing the plan hurt up front, but for the long term, if the schedule plays out it is taken care of in the future. Discussion ensued. He showed a slide and discussed the Operating Costs, including the Fire/Rescue contract, the Sanitation contract, Fleet Maintenance contract and various point repair contractors. Discussion ensued. Minutes-City Commission Budget Workshop Page2 AGENDA ITEM #lB SEPTEMBER 14,2015 August 12,2015 He showed the various capital improvements projects, discussing each and stated Mr. Layton would go into further detail on the major projects. He also pointed out the various equipment purchases proposed for this year's budget. He showed a slide of the General Fund Revenue Diversification and answered questions from the Commission. He also showed slides of the Ad Valorem Assessment Rolls, proposed millages for Atlantic Beach and surrounding communities, the General Fund Expense Distribution, General Fund Revenues by Type and Total Expenses, a graph projecting payroll, operating expenses and some capital expenses in the General Fund. Mr. Van Liere explained they had planned to do computer IT upgrades which would have cost $300,000-$400,000, but there has been a problem with the software company and they postponed that. He stated in 2017 ifthey go ahead with that project they would use some fund balance to do that. He stated they are getting feedback from some software vendors that there might be other products out there that they can make that hump go away and not have to do that and go in a different direction. Commissioner Mark asked if the conversion has been tabled or should they wait and let Mr. Randich talk about that. Mr. VanLiere stated they will discuss that issue on Monday. Mr. VanLiere also showed a slide of other topics to discuss for the budget, including a running trail in Jordan Park, Ped Path on Selva Marina Drive median, Seminole Road north of 5 points bike lanes, Shore Preservation, Tree Trimming on Selva Marina Drive, Pickleball, Upgrading Crosswalk Signals, Grant Writing Services, Rose Park Parking Lot, Bike Lanes on Main Street, and ABAA Baseball field reconstruction. Discussion ensued on the grant writing services and the bike lanes on Main Street. Departmental Presentations: Public Works Public Works Director Doug Layton gave a presentation on the Public Works Department showing slides of what Public Works does, including an organizational chart showing how the Public Works and Public Utilities Departments have integrated. He introduced Kayle Moore, explaining to the Commission Mr. Moore's background. He explained their primary responsibilities include water, sewer, streets, rights-of-way, parks, facilities, stormwater, sanitation and fleet maintenance, construction administration; NPDES, MS4, EPA, and SJWMD Permits; commercial and residential plan review; ROW permits; and stormwater utility fee calculations. He listed the facilities maintained by Public Works including: 57 miles of paved streets and rights-of-way; 54 City buildings (30 sewer lift stations); 5 treatment plants; 6 stormwater treatment ponds; 232 miles of water, stormwater & sewer pipe; 14.4 miles of stormwater ditches and swales; 1 stormwater pump station (shared with Neptune Beach); 104,000 LF sidewalk & 8' multi-purpose paths; 15 Parks (6 active, 6 passive, 3 preserves); and 1.6 miles of beach. He further showed slides on the Utility Service Area and the Utilities 2015 Flow listing the design capacity and actual flow. Mr. Layton further presented the Public Works Budget, stating the total is $7,109,127, showing a slide ofthe breakdown. He also broke out the Utilities Budget which had a total of$9,672,180. He showed slides of the Capital items for the next year which included Water, Sewer and other Capital items and explained each item. He answered questions from the Commission. Discussion ensued. Minutes-City Commission Budget Workshop Page3 AGENDA ITEM #lB SEPTEMBER 14, 2015 August 12, 2015 He showed a slide with a Map of the Jasmine St. Pond and explained how the design could be part of the Marsh Master Plan Project 2016 without buying the Bennett property. Discussion ensued. Following discussion, Mr. Layton stated he believes what he is hearing from the Commission is to go ahead with the design, look at it with eyes toward connecting to around the lift station at the Bennett property and look at parking in more than one spot and bring some altematives back at 30%. He stated he has shown this sketch to North Florida Land Trust and they didn't have any problem with it. (Commissioner Daugherty left the meeting at 7:23p.m. and retumed at 7:25p.m.) Mr. Layton explained the Resurfacing Program stating the FY 15/16 budget is $340,000. He stated the Citywide overall condition hasn't been rerated for all the streets for about three years and it will be time to do it again this year. He stated he believes the Index is staying about the same and they did finish all paving this year in the program. He showed a map of the streets that have been resurfaced since 2005 and a chart showing the streets that will be a probable for resurfacing for 2015-2016 should the budget be approved, as well as the streets next in line for resurfacing, as shown below: Streets Qrobable for resurfacing if budget aQQroved: Street Starting Point Ending Point OCI Seminole Road 18th Street Tum Around 51.67 Seminole Road 5 Points 18th Street 52.08 Sturdivant A venue Sherry Drive Seminole Road 51.25 Ocean Walk Dr. N. Oceanwalk Dr. W. Oceanforest Dr. N. 51.67 Hibiscus Street Dead End Levy Road 52.92 Parkside Drive 11th Street Plaza Drive 52.92 Streets next in line for resurfacing: Ocean Blvd. 1oth Street 13th Street 52.92 Plaza Drive Ocean Blvd. East Coast Drive 53.33 Begonia Street West 1st street Dead End 53.33 West 14th Street Orchid Street Mayport Road 53.33 5th Street East Coast Drive Ocean Blvd. 53.75 Brista De Mar Cir. 20th Street 20th Street 54.58 Sea Oats Drive Saturiba 19th Street 55.00 Mr. Layton discussed the Seminole Bike Lanes showing a slide of the segments it was divided into by the consultant. He explained the reasons for the differences in cost for each segment. Discussion ensued. He answered questions from the Commission. Mr. Van Liere stated the reason they wanted to have this discussion is because they are about to pave Seminole Road from one end to the other so if the Commission wants to rule out the bike lanes once and for all Mr. Layton can go pave the road. Mr. Layton stated this is just resurfacing the road. He stated that was why he had this study done; since he had heard the Commission talking about it, it made sense to find out what the real numbers were. Further discussion ensued. Mr. Layton stated this is not in the budget and they are not planning to do it at this point. Minutes -City Commission Budget Workshop Page 4 AGENDA ITEM #IB SEPTEMBER 14,2015 August 12, 2015 Mr. Layton briefed the Commission on the following, stating they incorporated Utilities into Public Works in 2015; they will have new income primarily from the additional water, sewer, reuse, & sanitation services for homes in Atlantic Beach Country Club; the Statewide trend is toward stricter requirements for stormwater utility discharge (NPDES & MS4); and they have begun a 2-year Public Works Department accreditation process confirming 500-600 standard operating procedures for the department, after which they will have peers from other cities who will review their procedures. He also showed revenue vs. income charts on Storm Water Utility, Gas Tax Fund, and the Sanitation Fund. He stated what he got from the Commission was a general consensus to move forward to 30% with some options on the Jasmine Rd. park and nothing else. Commissioner Daugherty stated he knows they want to do something over there but he believes until they have people utilizing what's there, they shouldn't be building something else, especially something that is so far out of site from the entrance to the park. He stated he would like to focus more on connectivity and getting people to the park and making the park more accessible to people, instead of creating more things within the park. Mayor Woods stated that is connecting that neighborhood directly to the paths. Further discussion ensued. Mr. VanLiere stated the biggest project is the road out to Dutton Island and it hasn't been bid out. He stated he would like to see those bids come in before they take another piece of the money and use it for something else first. Courtesy of the Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. Chris Jorgensen, 92 W. 3rd St., stated he would like to see a sidewalk at Club Drive. Stated he would have liked to have seen the fmancial report on the website. No one else from the audience spoke so Mayor Woods closed the Courtesy of the Floor to Visitors. Commissioner Daugherty stated he would like to have an overview of what the City's debt is at the next meeting. Mr. VanLiere stated he could give them that right now. He stated it is utility debt and is being paid down over their useful life. He stated a big piece of that only has 10 years left. He stated there is $21 ,600,000 outstanding, which is principal and interest. Adjourn There being no further discussion by the City Commission, the Mayor declared the meeting adjoumed at 8:09p.m. Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor AGENDA ITEM #1C SEPTEMBER 14, 2015 MINUTES OF THE BUDGET WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN COMMISSION CHAMBERS ON MONDAY, AUGUST 17,2015 AT 5:00PM. City Commission Members present: Carolyn Woods, Mayor Mark Beckenbach, Mayor Pro Tern Jonathan Daugherty, Commissioner Jimmy Hill, Commissioner Maria Mark, Commissioner Staff present: Nelson Van Liere, City Manager Russell Caffey, Finance Director Doug Layton, Public Works Director Cathy Berry, Human Resources Director Keith Randich, IT Director Timmy Johnson, Recreation Programs and Special Events Director Michael Deal, Chief of Police Victor Gualillo, Police Commander Jeremy Hubsch, Building and Zoning Director Dan Arlington, Building Official Donna L. Bartle, City Clerk Call to Order The meeting was called to order at 5:03p.m. by Mayor Woods. She gave an overview of the previous budget meeting on August 12. Courtesy of the Floor to Visitors Courtesy of the Floor to Visitors was taken out of sequence and acted on at this time. Mayor Woods opened the floor to visitors. Chris Jorgensen, 92 W. 3rd Street, stated he views the City as a profit making business and as a model city for other cities to imitate due to our quality of life from our parks and recreation. He also discussed the Bennett property. Michael Bruce, 2313 Ocean Forest Dr. W., thanked everyone for what they do, stating he is appreciative as a citizen. He stated he is a member of the concerned citizens of Atlantic Beach regarding the widening of Seminole Rd., with or without four bike paths, with or without the result of Hanna Park being opened. He stated they raised over 230 signatures to encourage the TPO not to bring additional bike traffic down Seminole Rd. He stated Steven Tocknell, as a member of the East Coast Greenway and as a representative, has written to the TPO that he would prefer a path that sticks with what we currently have (a map of which he distributed to the Commission). He stated, both from the standpoint of the TOP recognizing their concerns and the East Coast Greenway, he believes there is a significant reason not to increase and add four ft. lanes on either side. He thanked them for the wisdom they showed in the last meeting and wanted to reaffirm that by putting this in the record. Kirk Hansen, 2393 Ocean Breeze Ct., stated he is pleased that the 4 ft. extensions to Seminole Rd. don't appear to be a good option. He stated that leaves the 8ft. ped paths like they have from Ocean Walk to 20th St. and extending those. He stated although the City has a 100ft. right-of-way and has Minutes -City Commission Budget Workshop Page2 AGENDA ITEM #1C SEPTEMBER 14,2015 August 17, 2015 every right to exercise that right-of-way and cut into those front yards, you have to ask yourself is that the right thing to do aesthetically for Seminole Rd. and are we really gaining anything by doing so. He suggested that they give more thought to it and asked what is the problem they are solving and is it really a problem and will there be other unintended consequences to that. No one else from the audience spoke so the Mayor closed the floor to visitors. Administrative City Manager Nelson Van Liere showed slides of the departments' budgets, explaining the major items included. He further explained the General Government accounts, comparing the current year to next year, and the Miscellaneous Items including Health Insurance and General Liability Insurance. General Government IT Director Keith Randich gave a presentation on Information Technology showing slides on the Accomplishments in 2014-15. He stated they completed the migration to SunGard's ONESolution Community application, which was a multi-year project that started about three years ago. He stated they installed a new video management system for the Police Department; have upgraded the City Email server and software, giving the City Clerk the ability to search the archive server for records requests related to emails; are setting up the Co-location Site for the City's Emergency Preparedness program and are beginning the installation of a new City phone system in City Hall. He stated the plans for 2015-2016 include completing the installation of the new City phone system in the Police Department and at Public Works; completing the set up of the City's Co-location Site for email and phones; replacing the City's file servers; and involvement with the Police building construction in moving the phones and data to ensure they have connectivity throughout that project. He explained what's not in the Budget this year is the ONESolution-Finance application which was the next step of that multi-year project. He stated they decided to put off the installation of the Finance application for another year, which will defer over $300,00 in capital and over $50,000 in operating costs out of the 2015-16 Budget into the following year. He further reported on the ONESolution application, stating they have put a lot of time and effort in that and wished they had a sterling report to give today. He stated, however, it didn't really tum out to our level of expectation. He explained they began the installation of this project in July 2014 and were installing software modules for Code Enforcement, Building Permits and Business Licenses. He stated the project took a tremendous amount of staff time for conversion, training and subsequent troubleshooting. He stated the troubleshooting was not something they were counting on having to dedicate their time to. He stated after SunGard put in changes to the reports, the Code Enforcement and Building Permit portions of the application are running pretty good. He stated the Business License portion of the application is not doing well and they meet on a weekly basis with SunGard to go over the outstanding problems and issues and get an idea of what their plans are for remedying these situations. He stated in February 2015, Mr. Van Liere and he met with the SunGard Vice President to go over the application and to see what his plans were for going forward. He stated by June, SunGard announced they were discontinuing this application and bought their closest competitor and their product. He stated the company is called CR W and this product will be repackaged as a Minutes -City Commission Budget Workshop Page3 AGENDA ITEM #1C SEPTEMBER 14, 2015 August 17, 2015 SunGard ONESolution product going forward. He stated in the next year, when we receive upgrades from SunGard for this product they will be installing this CR W product and we will run off of that product going forward. He stated SunGard didn't have the confidence in their development staff to take this product and make it right so they went out and bought something that was already very successful and are going to make it their own going forward. He stated we are looking to have that done in the next year, which is why they decided to put off the Finance application for another year. He answered questions from the Commission. Commissioner Hill stated he would like to see that company help with the data input for the conversion and would like a report back on how that conversation goes. Discussion ensued. Commissioner Hill asked if there might be an intern opportunity for messaging out to the citizens. Discussion ensued. Parks and Recreation Recreation Programs and Special Events Director Timmy Johnson stated his budget is primarily the same as last year but there is a line item added for senior programs to take place at the Baker Center, which he explained. He answered questions from the Commission about the senior programs. He stated there is also an increase for the Recreation Committee under Discretionary Advertising for a FACE program, which is a character building program that would take place at one of the schools. He stated the Recreation Committee, which consists of 9 members, is responsible for putting on programs as well the oversight of funds to outside agencies. He showed a slide of the various programs for 2015, as follows: Acoustic Nights, After School Program, Art Exhibit/Reception, Art Walk, Artisan's Faire, Arts in the Park, Bowl Bash, Clothing Drive, Cooking Classes, Dance/Fitness Programs, Family Campout, Flag Football, Egg Hunt, Habitat Education Program, October Festival, Public Computers, Seniors Program, Shakespeare in the Park, Songwriters Concert, Summer Camp, Tennis, Tennis Tournaments, Teens Program, Toy Party, Tree Lighting, Twilight Movies in the Park, and Wild Wonders. He explained the Contracts for 2015 are with Atlantic Beach Athletic Association (ABAA), Atlantic Beach Elementary School, Atlantic Beach Experimental Theatre (ABET), Tennis Pro and Habitat. He further stated they have three Community Centers that they rent out to the public as well as assist the public with their private events such as Weddings, Camping, Fires on the Beach, rental of the pavilions, fun runs, etc. He answered questions from the Commission. He showed a slide of the Funding To Outside Organizations, as follows: • Atlantic Beach Elementary School-$15,500/$5,820 (grass cutting) • Beaches Fine Arts -$3,000 • Beaches Resource Center -$2,000 • Dial-A-Ride -$1,500 • Fitness and Character Education, Inc -$2,500 • Mayport Middle School -$13,000 • Total: $43,320 Minutes -City Commission Budget Workshop Page4 Mr. Johnson answered additional questions from the Commission. Public Safety AGENDA ITEM #lC SEPTEMBER 14, 2015 August 17,2015 Chief Michael Deal thanked the Commission for their support of him and his department. He gave a slide presentation on the Goals & Strategies of the Police Department, explaining each, including instituting a Community-Oriented Policing Approach; finalizing and implementing a plan for expansion and renovation of the Police Building; working toward Law Enforcement Accreditation; focusing on pedestrian and bicycle safety; developing a succession plan; remaining competitive in pay and benefits for recruitment and retention of staff; instituting regular communication with JFRD; developing a Social Media Platform for community outreach; and actions to continue updating and working on Emergency Preparedness. Chief Deal and Commander Gualillo answered questions regarding Emergency Preparedness. Discussion ensued. He showed a slide of the Public Safety Budget stating the Total Budget was $ 5,813,259, which included Police Services -$4,357,754; Lifeguards -$227,901; Fire Rescue -$1,113,554; Capital purchases-$164,600 for three marked patrol vehicles-$127,000, eight Laptop Computers-$25,600, and Department & FTO Training Program Software-$12,000. He stated the FY 2015 Grants came from the JAG grant-$63,150, which will be used for one full time COPs officer (partial salary only -$21,150) and one full time Crime Suppression Unit (CSU) Detective (salary only-$42,000). He answered questions from the Commission. He explained Police Training Fund of $25,000 will come from the restricted funding from a surcharge on traffic citations dedicated for police training and Regional Training Funds that are allocated by the JSO for the entire region to host classes at the academy. He stated all training in FY 2015 was funded by these two restricted accounts and no General Fund dollars were budgeted in 2016 for police training. He explained the Radio Communications Fund of $14,000 is from restricted funds from a surcharge on traffic citations which may be used for radio airtime, laptop airtime, and other relateq emergency communications expenses. He stated it represents about 16% of the total communications budget of $89,700. He stated they have allocated a budget for the Forfeiture Funds of $5,050 which comes from seized money and other assets that have been used in the commission of a felony crime. He stated the most common source is from drug cases and the revenue is very difficult to predict. He explained the expenditures are very restricted and cannot be used for personnel or other normal operating expenses. He stated the Sworn Staff total 28, including the Chief of Police I Director of Public Safety, 2 Commanders, 2 Lieutenants, 6 Sergeants and 17 Officers. There are 15 Civilian Staff, including the Support Services Manager, Administrative Assistant, Records Clerk, Purchasing Clerk, Property & Evidence Custodian, Emergency Communications Supervisor, 5 Emergency Communications Operators, 2 Animal Control Officers, and 2 School Crossing Guards. He stated all of the positions are full-time except for the School Crossing Guards which are part-time positions. Minutes -City Commission Budget Workshop Page 5 AGENDA ITEM #lC SEPTEMBER 14,2015 August 17,2015 He stated the Patrol Division, led by Commander Gualillo, is in charge of Patrol, Community-Oriented Policing Unit, Department-wide Training, Field Training Officer Program, Emergency Management, Special Events, and SWAT. He stated the Suppmt Services Division, led by Commander Tiffany Layton, incl1,1des General Investigations Unit, Crime Suppression Unit, Accreditation, IT Support, Emergency Communications, Records, Purchasing, Property & Evidence, and Social Media. He reported on the Crime Statistics stating the index crimes have gone down from 2013. He also showed slides of the Crime Rate Comparison Per Capita and the Performance Statistics. He stated the Lifeguards are staffed from Memorial Day through Labor Day. The beach is staffed 7 days per week. Monday -Friday it is staffed with 8 towers from 1 Oam -5pm. Saturdays and Sundays are staffed with 9 towers from lOam -5:30pm. He stated the only exceptions are in inclement weather. Weekend staffmg begins in March and continues through the end of September. He explained the Junior Lifeguard Program, which was implemented in 2015. He further explained the Fire/Rescue Services stating the Fire and Emergency Medical Services in Atlantic Beach are provided through a contract between the City of Atlantic Beach and the City of Jacksonville. He stated Atlantic Beach provides facilities and funding to Jacksonville, and Jacksonville staffs the Atlantic Beach Fire Station. He stated the agreement provides for an Advance Life Support (ALS) level of emergency medical care for citizens, and the department members continue to provide tours, blood pressure checks, and community services as requested. He showed a slide on the Fire/Rescue Services-Alarms-Response Times. He explained the Citizen Police Academy (CPA) stating it is a 12-week program that meets one evening per week (2-3 hours) and one Saturday. Local residents will be taught about a variety of topics, to include Communications, Investigations, Traffic/DUI, Patrol, Crime Prevention, Firearms, Defensive Tactics/Taser/Pepper Spray and SWAT. He stated they have completed the 3rd CPA class and now have approximately 68 citizens who have attended our Citizens Police Academy. He stated they also have a thriving CPA Alumni Group. He stated Class 4 is scheduled for next year. Building, Planning and Zoning Building and Zoning Director Jeremy Hubsch gave a review of the Building, Code Enforcement and Planning and Zoning Departments. He explained the staffing in the Building and Zoning Department includes the Building and Zoning Director, a Building Official, a Senior Building Inspector, a Code Enforcement Officer, a Planner, an Administrative Assistant and 2 Building Permit Clerks. He explained the Enterprise Fund Concept stating the Building Department permit fees can only pay for activities related to enforcement of the Florida Building Code. He stated the Building Department has been doing well revenue-wise and have not had to tap into the General Fund as they have had to in the past. Mr. VanLiere answered questions about transferring money to the General Fund. Minutes -City Commission Budget Workshop Page6 AGENDA ITEM #1C SEPTEMBER 14, 2015 August 17,2015 He showed slides on 2015116 Revenue Projections, Construction Trends and 2015116 Proposed Expenses with Total Expenses projected at $457,868. He stated in recent years, the department has not spent its entire projected expense budget and has rolled excess cash into the operating cash fund which has a current cash balance of around $350,000 and they will probably roll another $80,000- 100,000 into it this year. He showed charts of the Building Depatiment Expenditures and Revenue, the Construction Value in Atlantic Beach, and the Building Department Permits and Inspections. Mr. Hubsch introduced Building Official Dan Arlington and Mr. Arlington explained his position. Mr. Hubsch explained the Planning Department Trends for 2014/2015 including the Atlantic Beach Country Club and 201 Mayport permitting, construction, development, and platting; setting up and funding a study for the creation of a Community Redevelopment Agency (CRA) for the Mayport Road Corridor; and rewriting the City's Tree Ordinance. He stated they applied for and received three grants: $25k CRA, $10k Tree Management Plan, and $650k CDBG, which is still contingent on Jacksonville's approval. He further stated they joined the Florida League of Cities Economic Development and Growth Management Committee; participated in the North Florida TPO Beaches Bike/Pedestrian Study; will be doing a lot of staff work with the CRA Study Team and will create a Technical Advisory Committee; will be working on a Tree Management Plan and a comprehensive planting program once the Tree Management Plan is complete; and will be applying for Tree City USA Designation. He explained the Planning and Zoning Expenses for 2014/2015 were $250,710 which included $92,000 for the CRA study. He stated in 2015/2016 they have projected expenses to be $149,364. He answered questions from the Commission. Discussion ensued. He showed a slide of the Tree Fund Revenue stating the balance is $20,806. He also showed a slide on the comparison of Tree Removal Permit results since the City revised its Tree Code in May 2015. Discussion ensued. Mr. Hubsch discussed Code Enforcement stating the Department is funded through the G~neral Fund. He stated they have a new Code Enforcement Officer, John Markee, who started in May 2015. He stated the projected expenses are lower this year due to the period where we didn't have a Code Enforcement Officer. He answered questions from the Commission. Follow-Up Topics Mr. VanLiere stated the budget is balanced and believes it meets the strategic initiatives. He stated they have kept the same millage rate, have raises for the employees, and are delivering the same or better level of service as the prior years. He stated there are four major projects that will be under construction this year including Seminole Road, the Police Building, Francis Street and the CRA. He asked if there was anything in this budget that the Commission doesn't want to have in it or if there was anything they would like to add, so they can put together a schedule of changes. Minutes -City Commission Budget Workshop Page 7 AGENDA ITEM #lC SEPTEMBER 14,2015 August 17, 2015 Commissioner Daugherty stated he would like to see a budgeted number for paving the parking area at Rose Park. Mr. Van Liere stated when they spoke about this at the last meeting it was suggested that maybe it just needs an apron when you pull in and out and drive up the little hill for starters to see how that works. Commissioner Daugherty also suggested some kind of pedestrian path along Main Street and a sidewalk from Main Street to Tideviews to complete that path. Mayor Woods stated she thought during their discussion that it was a major change to widen the road. Commissioner Daugherty further discussed opening up that section of Tideviews through the Bennett property stating he would like to put in $250,000 for the acquisition of the property through a short sale. Mr. Van Liere stated that is not an item to include in the budget at this time but if a deal is put together, they can bring it to the Commission and if they are interested, they can do a mid-year budget modification. Commissioner Hill asked what the Marsh path is now. Mr. Van Liere stated they are talking about the road from where it leaves shore out to the island and putting the boardwalk that goes along side of it to separate the people from the cars and redoing the road. Commissioner Hill stated he would like to see an actual line item to get bike racks from the end zone areas of the beach accesses. Mr. VanLiere stated they just did five of them. He stated he asked for that last year and they put some money in there and they are doing it. Discussion ensued. Commissioner Beckenbach asked if they are doing anything about the soccer field at Russell Park. He asked if there is going to be some kind of irrigation there. Mr. VanLiere stated they have $160,000 in the budget for park improvements and it is flexible to do with it what they want and irrigation is on the list. Mr. Layton stated they just submitted a grant request for both the sod and irrigation and lights on the basketball court. Discussion ensued. Mayor Woods stated she believes staff has done a really good job in understanding the community and knowing what they are looking for and complimented them for their hard work. Mr. Van Liere thanked staff also, stating everyone has worked hard on this, complimenting the new Finance Director, Russell Caffey, specifically. Courtesy of the Floor to Visitors This item was taken out of sequence and acted on earlier in the meeting. Adjourn There being no further discussion by the City Commission, the Mayor declared the meeting adjourned at 7:55p.m. Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor SI IHMI'J'TEI) BY: STHA'I'EGH' I'LA N L INK: C ITY <W ATLAN'I'J(' IH:ACII CITY C OMMJSS JON Mlo:l~TING STAFF IH i;PORT AGENDA ITEM #3A SEPTEMBEil. 14,20 15 l Jsc-hy-(·Xccpl i on l o J'CI'Ill il 011 j li'C III J..;c~ COIIS111llpliOII o J' II lc uho l j~ bc ve rnges within I he C oulnt crc illl Civtll.ll'ld (C.X i) i:o n ing Di ~t r ic t al2 X Sh erry l)l'i vc (I 5-U OEX 10 ,12) JcrciiiY l l 11 l"ch, ll•d l•li11g "'"' Zo11i11g l lirccl <ll' t/1{ A 11g u sl ll, 20 I S Non e BA CKGROUND : The ilppl i<:;mls have IW t•lll ly <U'tJIIirc d t h e Pa l m s llulc l a l :W Sh e rry Orlvt •, 'l'l 11 • pro pe rly is 'l.OII e d CO illll1Nrlal Getll'l'ill ccc;) whil'h allo w s howls. Th ey in te nd to m al<c I'('IHlV<ltlons and COIIVI'rl lllO ll bou liquc IHllcl. 011 C <:Oill (lOIIC II r ufllt cir ll'IIOV(IliOil pli lllS is t o illl j'li'O VC lit I' Int erior co uny artl ilt'cn illl cl co nv ert iL f 11 t u il ll u ~tt cloor l cutng<', w lr cn~ th ey p l .1 11 to s(•rvc• h e1 ~1 · :-~n tl wilw t o giiPs l s. 'l'h e l:UIT Cill co llrlyn l'd h:1 s t ab les <1 nd Is <li t ;'l i'Pa w h en~ g u est s t:<tt t r unccivn iJiy drin l< hc~C'I' :Hl d win e lltcy p urchilst•d on s ite. T he .qtpl i cmliS wo ul d l ike to lw .lblc 10 SC I'VI ' llrer .t ncl w i rw il S n service l o gu cs ls.I~P nrlt'l'in gs of tltc ir pi oposcd rll'S ign n m he f onnd in lite agt~nd.a pacl<;tgp. 'l'lt c nprllcn nt s <I r e r c qllirc cl to JIC'-<l LtSe-lly -c•x cc ptlon for rrlrol w l sales .u.:co rcllu g lO Sc t:liOIIS ].!) ;rnd 2'1-'11 J (c) (3). Sec lion :3 ·5 slates, '"''I H: sal e of any al co h ol i c: b everages l'llrOll·Jl i'C'rt ti St' co nsumpliort, inrluding b c('r, wi n e <lnrl liq~t or sh a l l be pru1wrly lin •nsccl hy I he Ci ty of Allilntir Ht':t<:lt, and s l wl l he litllit c cl on ly to n •s li'l uranl s, ra f('s, hnrs nod priv;tl t· clu bs w llhill ronun c r ri;tl g cnt•ral 'l.o n l ng tllst r ic ts or th e cr n lrill buslm•ss dls trkl in t:ompli r11H't' wlllt r lt,lptet' 211 of llw clly cu d c r:~nd sulljer l lo a ppr L1Va l o f a tr !.e -by -c'xrcplio tt in ncco rcl a nt:e wllh sr cli on 211·6 1." The • Ci t y C:o cl c ltassc vcr alt·ceu la ti o ns spcdfic lo a lrohol sn lcs. Se ctio n 3-2 statrs that n o sill(':-; or sl.'r v ln' s l t;lll o cc'tll' be t w ee n lltu hours of l:OO ;tnt nnd 7 :00 <t.m . St•r t i on :~-7 s la tes ll wl bu sincss t•s tl wt s e ll a lcoho l s ha llrnJ inlaln s ulf1d c nt fi g hting f o r s afely purposes. Sec ti on ~-0 sl .llC'S lhiJt :~l r nhol r'r>n sumplion ~:an only occur insici r t1 bui lding, w ithin itrcrn•.tlion tl l'l";), o r wi th i n an ou t doo r se .tling o1· di n i n g a r en . 'l'ltc; C:o rnm trt llly l)c vc l o pmcrr l llo.trd l'l't'Oilll llc lldc d approv;ll o l'thc II SC·by·l'Xccplfnn hy {I vot·c of ;. 0 .tllh c july 2 1'•1 1ll ccting, w i th th e ro ndi l i o ns lh;t l : I. II ours ufsal c be s l o pp ed ilt I OPM Sunday- 'l'ltursd ay .111d I I PM f'r id;1y and Sa l urcl :~y . 2. The lll<~X illl ll lll lllllllb <.'t ' ol'pco pl tJ I n t lw ln ungt' .tl'l'fllll' llmi l c d to tlt it·Ly -nve. :-l. That sal es he limiled lo bec•t'<lltd w i11 • only. IHIIlG I~T: N one. rm COMMENUA'I'I ON: Appro ve tlw Usc-By-ll xccpti nn 15-U UEX -10tl2 with CO IIdili <l ll S tlt at : L. !lours of s al e lw stopp ed il l I OPM Sunday ·Thllrsd;Jy a nd 11 r M Fr i d :~y ami Sctlurday. 2. 'l'hc mnxi n lUill rttmtlwr of peo ple in lite loung e a r ea be l i tuit ccl t o ~~!l. ~. T h ~11 s:1lr s he lim i t ed l o lwer :111tl wf rw nnly. A'I ~J'ACI I ME NTS: lJ il J1X -I QtJ2 Hp pl it;nti un. Co py of' 'omn11 111ity fkvcl o pm cnt Bonrd staff rcpu11 ; co py o f IS I H~VJKW im BY CITY MANAGEit ~ ~~~ _ AGE NDA ITEM CASE NO I.O CJ\TION APPLI CA NT DATE STAFF STA FF C.OMM T\NTS '9 CITY OF ATLANTIC BEACH CO IVIMUNI TY DEVELOPME NT BO ARD STAFF REPORT 4·.A 15-UBEXM104·2 AGENDA ITEM #JA SEPTE MBER 14,2 01 5 l?equ es t fo t' 1/se-/Jy·excc p t ion as per1 11itted !Jy Section 24-1'11 (c)(3), t:o permit V II · pre mises co ll stlmpt'illl l of a/coholir. lw vcra,q es within the Cfi /111/W I'cinl r;eneml (CG) 7.o ning Distl'lcc at 2ll Shen y Drive. 2 0 SHERRY DRIVE T he Color Bl ack LLC elb a 20 Sherry July 9 , 2015 JERE MY I-IUBSCH, BUILDING AND ZONI NG DlltECTOR Th e a ppl icn nts have rc<:c ntly acqu ire d t he Palm s l lole l at2A She rry Dr ive. Th e pro pe rly Is zo ned Com merci al Ge ne r al (CG) whi ch a ll ows hote ls. Th ey in tend to mak e re novati ons <md co nv e1't ll to n bnut·iqu c hote l. One co mp onent of th e ir re novatio n plan s Is to illlpr ovc th e in te rio r co ur ty a rd a rea and c.;o uvc t't it in to a n Oll tdoo t' lo un ge, w here they pl an to se rv e beer and win o to gues ts. Th e cutTe nt courlya rd lw ~ ta bles and i s~~~~ a t·en w he r e gucs rs ca n conc.;eivably cl rln k b c 1~1' and wine-th ey purclla sc cl off s ite. Th e ap plic a nts wo u ld li l<c l'O be ab l ~ to serve h ee l' a nd win e ns a se rvi ce to gues ts. Rend erings o f t he ir pr opose d des ign ca n be fo un d in th t' agc nd <1 pa ckage. Th e a ppli ca n ts a r e required to ge l' <-liiS C·by -e xcc pti on for a lc ohol s<J ics a cco rding to Sect io ns 3·5 a n d 2~·-111 (c) (3). Sec ti o n 3·5 s tates, "The sa le o f any alco ho li c beve ra ges for on-pre mi se co ns umpti o n, including bee r, win e <mel liq uor s hnll be pro pe rl y li ce ns ed by t he Clly of t\tla nli c 13 c~lc h, a nd sha ll be llm itcd onl y to r est;tura nts, ctlfcs, h<HS a nd private club s within co mm e rcial ge ne ral a nd co mm e rcia l limited zon in g di s tri cts or t he cc nt r<JI bus ine ss di s tri ct in co mplian ce wit h cha pte r 2'1· oflhe city co d e and !;uhj cc t to <l ppi'Ov a l of a usc-by-exce pt ion in ac.;c:o rdnn cc wi th scclion 24·63." Th e City Co de has sever a l reg ul ations spcci rt c to alco ho l sa les. Se cti o n 3-2 s tates that no su lcs or servi ce shn ll occ ur between 1·hc hours of 2:00a.m. and 7:00a.m . Sec tion 3M7 statHs that bus ine sses t hat se ll alco hol s ha llm a in tul u suffici ent li ghting for sa fety pu rp oses. Sec t io n 3-fl !'it a tcs that alco hol co ns ump ti o n can o nl y occ ur ins ide a bui ld iu u, wit h in a r ec rea ti on area, o r within a n outdo or s ea ting or di nin g a rea. The hote l is c urre nt ly lim ited in til e a moun t of pa rkin g s paces iL ca n prov id e o n-s ite. Ac~:ord ing to th e app lit:ants, th ere a rc o verfl ow pa rkin g arrunge n1 ents with the adja cent IJ erks htrc ll athaway <tnd th e Pr esbyte ri a n Chut ·c h. Th e pnrl<in g prov id ed o n site Is ge n era ll y su fn cic nt fo r hote l guests, bu t not for pote ntia l vi s ito rs of th e prop ose d lout1 ge . At thi s ti1nc th e app li ca nts hav e no t indi c<~tccl a de s ire to serve o utside vis it ors. How eve r, staff reco mm e nds tl con diti o n th a t a form a l s ha red pa rkin g ag ree men t be s ub111it tc d to t he city if Lll c ap pli cants in te nd to se r ve a lco hol to vi s ito rs that are no t s tay ing ut the hote l. Sec tio n 2 4··161 (f) (2) a ll ows a AGENDA IT EM #3A SEPTEMBER 14,201 5 shared p<w ld ng agrcc nll:nt so long as th e pnrl d ng is wit h in 'I 00 fee t, w l1 ich bo th Bcr l<s h i rc ll a lh :1way ~l t HI l h e Pr es byteri a n Church nrc able to meet. Add iti onal ly, du e to th e prox im ity to r cs id c nli a l ncighborhoorls and a c hurch, th e ci Ly may w ns idcr pla cin g co ndition s o n ho urs of illco ho l sa les a nd noi se leve ls. Th e re is o ne code provi s io n w hic h limits noi se i n proxim ity to churches . Sec ti on] 1.2 (g) states, "no pe rso n, w hol e on publ ic or private grounds adjacent to CJny building in w hi ch a schoo l, chut ·c h, or med ica l f'clCilily is in sess ion or usc, sha ll willfully make o r ass ist in th e ma kin g of ;wy noise whi ch di s turbs t he peace o r good or de r of s uch activity occ urrin g within th e building." Thi s secti on prov ide s th e abi li ty fo r th e rity to r eg ula te any potential noi se issues with rh e ad ja ce nt church . Fi gure l. C:urrent Pa lm s llote l. Vi ew loo ldn g wes t front She rry Drive. Page 2 o f4 l•'l ,::urc 2 . 2H Sherry IIO I'hll t)hotu SUGGESTED ACTIO N TO RECOM MEND APPRO VAL AGEN DA IT EM 1#3A SEPT EM BE R 14,201 5 Th e Communi t y De ve lopme nt Bo a rd may cons id e r a motio n to r ecomme nd approval to th e City Commission of a r e quested Use-by-Exc ept ion (Fil e No. 15-UBEX ·l 0 4·2 ) t o p e rmit on-premises consumption of a lcoholic be ve rages within th e Comme rcial Ge n e r a l (CG ) Zoning Dis t ri ct a nd lo ca t e d a t 2 8 She rry Drive J>l 'ovided: 1. /\p provul of t hi s Usc -by-Exce p t ion is co nsistent with t he in te nt of the Comp r ehensi ve Pl an. Z. /\pp1·uva l o f t hi s Use-by -Exce ptio n i s i n co mpli ance wit h t he r eq uirements of Scclion :l 'l·-63 , Zo ning, Sub divisio n and Land Devel opm ent Rcgul "t ions. 3 . Th e r e q uest e d usc is co ns iste nt with Se cti on 2 1·-lll(c) in th a t t he pro po se d u sc ls fo und to b e co ns iste n t with th e uses pe rmi tted in the CG zo nin g dis t ri ct wit h r es pec t to inte n s ity o f use, tra ffic im pa cts a nd co mpa t ibil ity wit h exist in g in d us tri a l uses, co mme r ci a l uses an d any nea r by r es id e n ti a l use s. Po ssible Conditions : o Requi l'ing a n ame nded usc-by-exc e ptio n i f th e a p plica n ls ever sec k Lo all ow o uts id e vi s ilo rs t o usc th e outd oor loun ge . • Cnn s idcr alio n of con clili o ns rela te d Lo hour s o f::;ale s <m d no ise le ve ls . Page 3 of 4 SUGGESTED ACTION TO RECOMMEND DENIAL AGENDA ITEM #3A SEPTEMBER 14, 2015 The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No. 15-UBEX-1042) to permit on-premises consumption of alcoholic beverages within the Commercial General (CG) Zoning District and located at 28 Sherry Drive provided: 1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24- 63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-111(c) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. Page 4 of4 APPLICAT ION FOR A USE-BY-EXCEl>TlON CUy or ACi nntl c B1•nch · 800 Se min ole Hond · Atlnnllc 13cac h, Floricl a 3223J-St~4 5 l'hono: (90•1) 247-5826 · l•'t\X (90 4) 247-SII tl!i · http ://w ww .cn nb .us Dnl o ------------ltUo No . ___________ R ece ipt 1. AppHcn ut's Nnmc The Co lor Blacl< LLC dba 20 Shet·ry 2. Applf cn ut 's AtlllrMs 28 Sherry Drive Atl anti c Beac h, Fl 32233 3. Pro perty 1.-ocnt lon 28 Sherry Drive Allantlc Beac h, Fl 322_3_3 ____ , ___ _ AGENDA ITEM 113A SE I'TF.MGER 14,201 5 4. l'rop oa·t y A pprnlsc r'~ llunl Es tnto Numhoa· _________ llloclt No.3 ____ l.ot No. 66 1·052,053,65•1 S. C ul'rcul Zo nin g C lnsh ifi catlon _C_G _______ 6. Compa·c h o n ~lvc l'l nn fo'u h u·c T.n nd Usc tlc slg natio u _C_G __ _ 7. n octuc~tctl Uso·by-Exco ptlo u Es l nbllsh on ou tdoor loungo, onobllno th o ho l ol to sell and norvo boor nnd wino to hotol ouosts. 11 . Size of l'nrcc l _o_._2_3_a_c_re_s _________ _ 9. Utilit y Provltlo•· JEA/COAB/Sawye r Gos/Comcas t 10. S tnlcnumr nf I'IICIR nnd special t'u nNons f'ot· t·ho I 'Ctiii C~tc d '{J sc-by-Jnxccp ri on, whi c h llcmou sft •ntcs com pll uu cc with Section 24 -63 of !he City of Afl nutl c Bench Co d e of OnlhuutcllS, Zo ning nnd S nb cll vision lt c~;ulntl o n s. Attndt ~~~ l~x hiblt A. (The nttnchcd uuld o muy h u used It' d esi red . Plcu bc nc hlrcss cnc h ll cltl, ns npproprlnlc to thi s nqucs l.) 1 L l'rovld c nll vf tho fo ll owing lnfnnnntion . (AIIInfut'ttlltllun tun s! h e JII'OVhlcd bofo n .ltlll nppllcnllun Is ~c hctlul cd ft l l' nny pullll c hotwlug.) 11 . Site l'lnu s h ow int.e I he lucutlnn of nil s ta•u c lut·cs, :tclllllOI'u r y unci pc t•ttt:llt cnt , luch tcllns sc tiJIIck~, bulldlu~ h o i ~ll t, uumhcr o f sttn·lcs null scrunrc fo utngc, imp ut·v lous s url'n cc nro11, nnrl cxls!htll nncl /tlt ' Jll'oposct l drlvow nys. JcJcutlfy nuy ex isting s ll·ucflu ·cs nnd us c~. h. l'ronf of ownci'S hitl (d eed Ot' C!!r tllicn lc hy lnw yo t• Ol' nbsl l'll ct cu mpnny u1· IIII o cnmpn ny 11111 1 vc l'ifi cs t ccord <IIY II OI' ns niJovc). II' the IIJIJ!IIcnut Is not the ow nct·, a letter o f nu t hoi'IZI!IIon ft ·om th e ownc•·(s) for appll cuul t o I'C pi'CSC II t the OWn<'l' fOI' 1111 piii'JlO SCS 1'Ciuf c1 lt n this llJ>Illi cn fillll IIIII SI he provi tl oc.J. c. S urvey and l c~nll l c~c l'iplirllt nf prnp crly so u ~hl to be rezo ne ct. (A lin ch ns ~xJtlhlt fi.) d. R cqnh•ct lnunthOI' of copi c.~. (Two (2) co pi es o f ull IIIICll tii Cnts thnt ne·c not lnq:cr rl1 nn II x 17 Inches In slzu. If Jlhiii S Ill' photo g l'llphs, oe· co lor nllachnu:nt s aro snh millctl, plcnsc Jll'liVIrl c eig ht (H) co I rfcft~S .~, r r'J7 [ , ~. Appll cuti o n r.cc ($250.00 ) D IIi: l~J ·~ I 111 ~ r Ti d ~Js Cgl;I~~~T1 SJ~-:nnturc o f ow ncr (s) o a· n uth ol'lzc d pers on if ow nc:l''s nul ho l'i~nfiu n form Is ntl nchcd: By .fJt ~---------~--~~-- I Hl.:RJWY CERTIFY T llt\'1' ALL JNf,'OltMATI ON I'HOVIImD WJTU T illS A I'I'L Print ed ol' t ypcclnamc(s): Greg SchwArl zan berger Sl'""""·•(•)' cc::. ~~---~------- ADDRI CSS AND C ON'J'ACn~tMATION Oft I'EHSON TO lill CE IVIi ALl. CO IU U\S I•ONIJENCE !tr.GARI)J NG T illS Af'P L ICA TtON Na me: Greg Schwa rtzenberger --~----------~-------------------------------------------- Mnillny Atld ms: 28 Sherry Drive Atl an tic Beac h, Fl 3223 3 !'hon e: 90 4-5 88-6397 l~AX: NA E-mllil: grooschwartzonbargor@gmo ll .con• -------------------- EXHIBIT A AGENDA ITEM #3A SEPTEMBER 14, 2015 The review of an application for a Use-by-Exception shall consider the following items. Please address each of the following as applicable to your specific application. 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. The ingress and egress to the property will remain as is. A new entry wall offset further to the west of the property will make parking and hotel entry safer and more practical. It is proposed that the COAB continue the painted crosswalk In the proximity of our hotel entry/exit so that it continues to cross Sherry drive and run into the sidewalk running easVwest on Ahern, furtherdeflnlng the pedestrian deslgnaled crossing to Sherry Drive vehicular traffic. 2. Parking and Loading Spaces, where required, with particular attention to the items in (I) above. Parking and loading spaces will remain the same and wilhln compliance. The Palms has parking agreements as wellwilh Berkshire Hathaway and the Presbyterian church for overllow guest parking and oversized vehicles. 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. Little to zero adverse impacts are expected. Our courtyard at present Is a common gathering place for guests and special events. Our lounge concept essentially provides a covered area for our guests to relax. 4. Refuse, trash collection and service areas, with particular reference to items(!) and (2) above; A new dumpster loca\lon on Sturdivant, adjacent to other area business dumpsters, streamlines the process and there Is added safety by separating the trash pick up area from guest parking. 5. Utilities, with reference to locations, availability and compatibility; Utilities in present slate are compatible and available for the lounge space. 6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. The screening and buffering will remain the same as what Is In place. To the south, there is and will stay a wooden property fence. The back of our hotel meets the back of the property to the west (adjacentto Salt Air Motel.) To our North is Sturdivant running Easi/West. To our East is Sherry Drive running North/South. 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; (See Signs and Advertising, Chapter 17 .) No new signs or advertising will be added to the property. 8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan. 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. No change to use. Other information you may wish to provide: This use-by-exception will allow us to offer an additional amenity to our guests and will provide additional revenue for the business. MA, SHOWING A SURVEi OF LOTS 851, 852, 853 AND 854, PLAT OF SECTION NO.J SAL TAIR AS RECORDED IN PLAT BOOK 10, PAGE 16 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA STURDIVANT AVENUE (50' RIGHT-OF-WAY)(PAVEO) LOT 850 BUILDING NOTES: LOT 637 !)THIS IS A BOUNDARY SURVEY. 2)ANGLES AS PER FIELD SURVEY. J)NO BUILDING RESTRICTION UNE PER PLAI. 4)NORTH PROTRACTED FROM PLAi. . 99. 71'(FIELD) 100.00' THE PROPERTY SHOWN HEREON APPEARS TO LIE IN FLOOD ZONE "X" AS VIELL AS CAN BE DETERMINED FROM lriE FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER 120075 0001 D, REVISED APRIL 17, 1989 FOR THE CITY OF ALTANTIC BEACH, DUVAL COUNTY, FLORIDA. 'HOf YAUD MlHOUf 1llt SlGN~llJRE AHD 11ft ORIGINAl. ~AIS{ll S(M. OF A Fl.ORIDA UW<S!O Slffl:~YOR AHO JJ,t.PP'ER.• URB ATLANTIC BOULEVARD (105' RIGHT-OF-WAY) (STATE ROAD A-1-A) THIS SURVEY VIAS MADE FOR THE BENEFIT OF 28 SHERRY DR.,INC. FIRST AMERICAN TITlE INSURANCE COMPANY RICHARD G. HATHAWAY, P.A. PONTE VERA TITLE, LLC OCEt\NSIDE BANK I (\r ~ -L..h1 DONN W. BOAmRJGHT;P:i.M. FLA. UC. SURVEYOR AND MAPPER No. LS :3295 FLA. UC. SURVE'tlNG & MAPPING BUSINESS No. LB 3672 CHECKED BY: ---- DRAWN BY: cc!C'4R'-JT'-=-~- BOATWRIGHT lAND SURVEYORS, INC. DAlE: MAY-12-2006 1500 ROBERTS DRIVE FILE If: 2006-489 JACKSONVILLE BEACH, FLORIDA ·· 241-8550 SHEE'f __l_OF L_ AGENDA ITEM #3A SEPTEMBER 14, 2015 SJOZ 'PI M:iiHW:ii.Ld:iiS Vf# W:ii.LI V<IN:ii~V : ....... G-~ .. ~ aGS c-.~ ~~ ·g~~ +~ .. 1 ~ zs SHF.rmY HOTEL FORMERLY PALMs RETRO HOTEL • ~ ;1 ;;~ I 28 SHERRY STREET, ATLANTIC BEACH, FL ! huMrf,'~i,', n~uufH±ilinl\\mllull"ji@jj F l 0 R I D A u..u.:~"'"-----' 110 1-I I I L----___!__..U t -() -<> -o -() ... ... -0 ... -e _.,~ 0 • --- 0 0 0 I W ' " NEW SOUTHEASTPERSPECTNE • 0 • NEW NORTHWEST PERSPECTIVE r.·. , ..•. .. -,._ < 0 a:: 0 .... ~ --· ·-~ --:~ ~·::r~: ....... ~~Elf ~~~ M1 ENIJA II ~M : SU tJrvll'l rrm IW : OAT I ~: '1'1 Y OF A TLA NT IC' IJIIAC II C IT Y COMM ISS LON ME l ~ I l NG STI\I:F REPO R'I I OR 9 A tl antic llou lcvn rd ll ci~hl Woiw1 .l urcrny ll u hs~.:h /'lb Building ,rn d t::o ni11 g Directo r ~Jf Au gust (,, 20 15 AGENDA ITEM 1138 S E I'TEMBER 14,201 5 BAC I<C ROLIN D: 'l 'ho nppl ic u11t s, A shl n11d fn vcs tm cnl s i nt end to redeve lop I he ir l ':>:ist in g s to111ge ft 1cility nt I OH 9 Allu rll ic Hruil cvord. Tho rctlcvo lopnwnl in c l11 dcs th e nmrovn l n l' three sl ora gu buildings 011 the custc r11 po rlinn of' th o prnport y nnd I he co nstnr cl iu11 nf' n new lhrcc story htcwu gu li rci li ty . 'llru upp li cunt -; ha vo snblllilh:cl pl !'ln s to l he l'ily whi ch show l wo snwlluro1rs of lhc pro pnsccl slnrcturc liwl uxccud lhc City's 15 fool hcight l iulit (sco ntludH•d rond crin gs). 'l'hcsu areas hou se clcv ntn r sha n.'! umJ clcvn tor cquipr11c ul. Scc tiou 2tl -17 or th o l .n ud l )ovo lopnr clll Co du slut es, "huighl o f bni ld iniJ, shnii 111 Cn11 tl1 c ve rti cal d is1!11r ~·c frnlll th e up plicn blc beginning poi nt o l"rliCIIS li i'CIIIOIIt to th e highes t po int o f n buildin g's mofsii'IICillrc <II j)HIIIJl Cl, and any utt uc hlllCil i S lhcrcl n, cxcl u s iv~ or chit ullcys". /\ccon l i ug IO IIHll ucliu itioll I he only porti on o f a stnr cl un: th nt stnJ'f' cn n upp rovc owr .lS lcc l tall i s n chiann uy. ll u wc v ~..:r, th c cndu 1111d l'ity Chnrl ur itll ows l h r 11 wa i ve r l o th o height roqt•ircrncnl s. Sec t io n 59 ol'lhu ('ity C:hartr . .:r slntos, "tlt u City co n1111 iss io n muy 11 pprovo, purs11111tt I<) tir o :rppli cnb lc sect ion nf fi re C ity 's I :and dovc lopam.:nl rug.u hrl ions, l'l.!llll cs l ~ to excee d the rn md mlllll h11il<l i ng heig ht of' thil'ly-liv~.: (35) ti.:ct for cxl criOI' nrchitccl uru l dc:-.ign olomcn l s, ex ter ior decks or· po rc hes w ir hi n II Oilr cs idcutiul luucl II SC cnl ~.:go r ics II !> dcs i g11nt cd by lire J'utii i'O Jnnd II SC mnp or th e ad op ted COI11j)I'C hcnsi vc pltlll , for II OIII'CS icl cntinl dcvcloptllcnl.'' Sec t ion 24 -150 slates exce ptions lo thu 35 l o nl hc iglt l lilllil, "s hull exc lu de signngc, stor;rgo spncc or hnbitn blc spa ce us dc li ncd hy lhu Flm id n 13uildin g 'ocl u." T he 'ity's Ou ilding O l'licinl co 11 sid crs lh c requ es ted uxccpl i ou s nl' tho height lim i l to ilc m oc lt n ni ~.;o l i n 1111111ro nnd uol ~i guu gu, s tum g~.:, (11' h11b itnh lc spnco. B lJ IXil ~'l : Nonu. lt i ~CO MM HN I M'f'I ON : Consid er upp mvn I ol' I ORCJ A 111111 1 ic 13mtlcv ard llt.:i ghl Wu i v~;~r A I !'A IIM ENTS: 1089 A llunlic Boul cv md Wai vu r A ppliclll io n, including ex h ib it:- HI ·:V II ~W E D BY C ITY M AN A Cl l\1{; ~_//a.-. o;;!'f...IA...t. _____ ------ Date AGENDA ITEM # 3B SEPTEMBER 14,2015 APPLICATION FOR LAND DEVELOPMENT JmGULATIONS WAIVER 7-24-15 City of Atlantic Beach · 800 Seminole Road • Atlantic Beach, Florida 32233 Phone: (904) 247-5826 · FAX (904) 247-5845 · http://www.coab.us --------------------File No.~-------------Receipt-------------- Section 24-46 (d) permits the City Commission to authorize limited Waivers, on a case-by-case basis, from a specific provision(s) of these Land Development Regulations when it is demonstrated that compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A Waiver from these Land Development Regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this Chapter shall be provided, which conforms to the general intent and spirit of these Land Development Regulations. In considering any request for a Waiver from these Land Development Regulations, the City Commission may require conditions as appropriate to ensure that the intent of these Land Development Regulations is enforced. A Waiver shall not modify any requirement or term customarily considered as a Variance or any requirement or term prohibited as a Variance, and shall be considered only in cases where alternative administrative procedures are not set for the within the City Code of Ordinances. 1. Applicant's Name Ashland Investments, Inc. 2. Applicant'sAddress 7880 Gate Parkway Suite 300, Jacksonville Fl 32256 3. Property Location 1089 Atlantic Blvd. Atlantic Beach, Fl 32233 4. Property Appraiser's Real Estate Numbe1• __ 1_7_7_6_1_6_-_o_o_o_o __ ~-------------- 5. Current Zoning Classification CG 6. Comprehensive Plan :Future Land Use designation CM 7. Requested provision(s) from which waiveris sought: Article III -Zoning, Subsection 24-156 -Exceptions to height limitations 8. Size of Parcel ___ 4_. _6_5 _________ 9. Utility Provider ____ J_E_A ________ _ 10. Provide all of the following information: a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. b. Survey and legal description of property. c. Required number of copies (2) d. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORiWATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form Is attached: Feinted odyped ~ ~11 Whitfield . s;g""""C•>• ~ t,.;:1..%® AGENDA ITEM# 3B SEPTEMBER 14, 2015 ADDRESS AND CONTACf INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: Randall Whitfield Mailing Address: __ 7_B_B_O_G_a_t_e __ P_a_r_k_w_a....:y::_;_, _J_a_c_k_s_o_n_v_i_l_l_e_F_L __ 3_2_2_5_6 _____ _ Phone: 904-992-9000 Fax: 904-992-9389 E-mail: randall j ax®yahoo . com 10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with Section 24-46 (d) of the Zoning and Subdivision and Lanll. Development Regulations and specifically describing how the request complies with the Conditions necessary for the City Commission to approve this request. Please attach additional pages if needed. We are requesting relief for the following item: Allowance of an appurtenance which exceeds the maximum thirty-five (35'} height pursuant to LDR Section 24-10 (f) (2}. The building will replace an existing building and will greatly improve the appearance of that area within Atlantic Beach. We have made numerous improvements to the property and with this new building, we will continue to make other improvements. The proposed building has a maximum thirty-seven {37)' building height. Article III -Zoning, Subsection 24-156 -Exceptions to height limitations and Article XIV -Zoning, Section 59 states that the City Commission may approve, requests to exceed the maximum building height of thirty-five (35) feet for exterior architectural design elements, exterior decks or porches within non-residential land use categories. The subject property has a commercial land use and a commercial zoning. The majority of the proposed building meets the City 1 S maximum height requirement with the exception of two (2) small areas (south & west sides)that house the elevator shafts and elevator electrical equipment. "Appurtenances on Buildings", are usually required to be placed above the roof level of a building and not intended for human occupancy. These "non-habitable" spaces allow for maintenance to occur and are located away from the front of the building and will be difficult to from ground level. We have worked diligently with the City on the architectural appearance of the building. We will provide the most recent approved elevations along with the requested roof plan and line of sight perspective drawing. -----------·--···---.. -· OWNER'S AUTHORIZATION FOR AGENT AGENDA ITEM# 3B SEPTEMBER 14, 2015 ______ R_a_n_d_a_l_l_W_h_i_t_f_i_e_l_d _______ ~--is hereby authorized to act on behalf of _____ A_s_h_l_a_n_d __ rn_v_e_s_t_m_e_n_t_s_, _I_n_c_. ________ , 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, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to: Print Name 700--f'%2~ fcoo Telephone Number 0 Comprehensive Plan Amendment Ll---~ ning Map Amendment 0 Plat, Replat or Lot Division 0 Tre Permit State of ,f/ County of }JUJtJa,) .,;' Signed and sworn before me on this ,2 t/ ~ By~ j!{t)~ dayof,20L~ Identification verified: __ ·-f:~l-------- Oath sworn: ____ Yes _____ No Notary Signature 11'\'ATUTOJ\V WAIUV•Ill• O:U (COI\!'ORATE) THIS INDENTURE, Made this 27th day ol !1arch , A. D. 10 81 B&TWJ>:EN ATLANTIC BEACH 11INI_STORAGE 1 INC. a Corporation orc:anh:ed and existing under the laws of the Slate ot Florida ol the County of Duval , State of Florida , party of the Jlrst port, :md ASHLAND IHIJESTI1ENTS, INC., a Florida corporation, 6 29 Atlantic Boulevar_p 1 Atlantic Beach, Florida 32233 1 of the County o.f Duval , Slate ot Florida , party of the second part, WITNESSETH: that the ~Said party of the first p~rt, tor and Jn conslderatic..n of the su111 ot TEN and N0/100 ----------------------------,-------------------Bollars, to it in hand paid. by the said pDrt y o! the second paxt, the receipt where.of Js hereby acknow(edge.d, has granted, bargalned and sold to ~ said part y o! the .second part, ~ ts successorS x~~Md assigns forever, the following described land, ~itua.te, Jylng and being in the County ol Duval , State of Florida, l<l wit: ·See Exhibit A hereto attached, This lnstwment was prepared by1 HARRY G. KIIICAID WIGHT, KINCAID, POUCHER & HARRIS lO:lil Amorlcan HerHage Building Jacksonville, Florido 32202 ·,· And the said party of the tir.d part does heteb)' fully Wll..tTilnt the title to said land, and wlll dE'f~nd the same against the law!ul clalm.s of all ,Persons whomsoever. In Wltncss Wheroof, the sald party o! the first part has caused this (nStrument to be executed in it.s name by it. President and caused Its Corporate Seal »K~mlX>llXfllXl>:l)(~o be hereto Rffi>ed the day -and year !ir.st above writt.en. (CORPORATE SEAL) ~ By: ----------------------------------- Its Seore!ary Sealed ln Our I'f~nce• -4-41(~;~~'}---------- STATE OF ·~riif;,~--------) COUNTY o~· DUVAL · ) Its Pres!den~ .Belore me p;rsonally appe>Ied _________ .!'_!~_!H?l! ____________ :l!Qm ______________ : _____________ _ WlTNESS my hand and otrlclaJ "aJ thls __ ?2!J! doy of _____ .M;:t..J;.9.b ______________________ , 19.Jl.l. __ , Jacksonville . •t ---------------------------------• County and Stat o.!ores01d. « ~ . Ci,"fu -Puiift~ r,:;-;;iirior'ihe~~;~~.-iilo;~·;;id~ Mylcommlsslon expires: Hetuy l'uhli<. Stow ol tlcNI •I ~ t~ Cnm"'i'""" &;>in" l(.,r. 16, 1%2 ... u,1 trl-"-"'""'•l~,.•o,,,.,.iPJC.."VI•r AGENDA ITEM # 3B SEPTEMBER 14, 2015 . • : ·. . · ... ~ •. ·. ·. ~. . : ·:.~;~\:. •I .1•': .. ··>-~i~~ :: .. · ......... .. ... ·· .. :· . .. ;.-·· .· .. ·· '.':/:) ~·:-.r: EXHIBIT "A" · .. :. : ,, . .. :-; .... :.-• 'A part of the Castro y Ferrer Grunt, Section 38, Township 2 South, Runge 29 East, Duval County, Florida, more particularly de~cribed as follows: For a point of reference ~ommence at the intersection of the Southerly projection of the Easterly right of way line of Hoyport Road with the Westerly projection of 'the Northerly right of way line of Atlantic Boulevard; thence North, 89"19 1 35 11 East, along said Westerly projection of the Northerly right of way, o£ Atlantic Boulevard, and along the llortherly right of way line of Atlantic Boulevard, a distance of 360,00 fee~ to the point of beginning; . thence North 0"40'25" West, a distance of 335.75.f.,.,t; thenc!'. North 69"19 1 '35 11 East, a distanc" of 382,27 feet; thence South 7'04'25" East, a distance of 337.86 feet to the aforementioned Northerly right of way line of Atlantic Boulevard; thence South 89'19 1 35 11 !fest, along said Northerly right of way line a distance of 420,00 feet to the.Foint of Beginning. ' .• ·. ·. -:.· .. ·. ··~ '· .-:· ::; .. _· ........ __ ;;;-.:.-· -.. AGENDA ITEM # 38 SEPTEMBER 14, 2015 I I I I II / BOA ---=-*lfllll'"'"-~ --....::lilllool'OI. ___ ..,._. IIOC-·-oc-~ """~_,..~,< --------~-~m~UP"~~a~.~>-U.L'IQ.!IJII -~:~'-·-~~~~ -mt_..,.. __ l!lllll<f;D "E'~&~~ MAP SHOWING SURVEY OF rP•!:t~l!Qo-t-4olm;i~ r~~~r(31u'7; RVEYORS inc. 1500 VE \ JACKSONVILLE BEACH I / \ .~c - H :i ,, ~2 ~ !l i; H "ltANllC SCVU:.'"VARO . ~_-(~ =-~-· ~-- ::;;s£::: . .:.. 0"'...,... .. ........,.,. ~--- t' 1 r ~·t ~-888 ----.. ... .. 3 ~ .. "' -~ -- -<i ~ 1---- -; "' "' t -I ~ --.. .. .. .. ~ "' .. ., " ---- I> ------"' "' "' "' ~ ~ :.-~ (~l .:t.I J:'.I~-1 .:'.. -e F" $ -~ ----e r- ,§ -" A ----., -8 f ' -· b b It ti ffi""'_ ';; " "' " "' (. -1<>1~ -!u E .. .. ,._ l ~ "" . ~-. ~ f5<' -Pi-I t.r.:fO <l:J [,@ --1,4. ~~ p_ ~ ~-1 i~ ~j t5" ..l.l 9 .: ·:rn~ ~"-jj ~ ., -~J -~ ·-~ ~:;"'~ ~ ---- ~ --Q .. "' .. -- 0. .... -.. "' - ~ .)!.I> -- "' .. .. .. -- 41- -~,..... .... .... ---b~· M~flt rf~lf b: ~ . ,·_ ~~n l I I -----· -----1 1-. .. .. .. .. "' .. .. ... 11~~ .. .. -~ ~ \ -4> ' Ill ~·~~""-.. "' " ;--~-~ :: : I ~ .. "' ... ~ -----=., ~ ;~ ;;::; ---;;::: ::--------.. b b Ci .. .. ~ .. "' " .. .. .. "' "' .. ro·-~-<;> ~ &r ~ =41f0 .l!,C> ~0. .. ~ ~ ~ Jt. 12. 2. ~ .. .._ J' n_--r --I t=~ ~· e.:. --d: -• "'-,I ' ., ~~~~e ~ -~ ~il _,. ~ --f----------I ::=--~~~-1: i! -~ I -!-. fP -... -.... ;-'0 ~~ "' .. .. "' .. .. "' .. "' "' .. ' ~-... ~' ~---. ..... .. ~ ~~--~§ .. .. " .. " .. ~ -~~-i ' -0 @. [~' -~~Jf·l l --I I = ~ • ;--I l , 1!1. CEl .ji':-'; r.-. ' ~" ~ --~ -~-!fl -----Fri;t~ ~~· ! 11 ;::_,[f" . . I &! ~!::?: 1 <II; ~ • l..r.\ ~ •. ~ ~:i: [!.:~ 88 tj r~y--.::~ ~li.':'-; •. v .;:J . ~ L~ -Jf. -~~~ ±= ~ 1~: -lc. _, ~ r @_.,.: ~. .--.-'l 4oi~ ""' -. ·~· 0 0 6 6 0 0 ., "' co •N c: ~"' 0 ~....l ri5 P!:lp:. "' .... ·=,:; c:; c 0 <r.l "'"' .!::! ~£ c 0\ .2 ~ 00 c < :: ~ < - 1 r '~ I I~ = Ll. ___ __j em . - 0S""c:::;:::::==-J..J I I' ...., ..... () N ., • <"l e ~<"'' 0 -...l Vi ~u. '-.!:! .. c; =~ "' "' "' -., -~ <~ d c. .~ .s 00 d < 0 -.s < ---=~ "" ....•......... / --~- 1Wll ~-""'"-. m ==·= ~"" _ .. _ .. _ ~ ...... = ~ II.! --~IIJIIIIII _ ... -..""\. F= .. -. ,.~ ~ ~ ...... I== ~ ~ -- "' ::::::::::::: I ·/ v::;;;-- ' === ! ~/ mm ' l . . v· - ~-~- 1/ .. .. ,. -" '=:.;.-= \.~f '-=~-1·--==--··1 ------ A 2.1 AtlanticSelfStor.>ge SW6143 Blue llaskcl Beige SW6141 Soller Tan SW/03S Aesthetic White SW:/005 l'ureWhite r co-f f'll.Ccfs (Or"'tnerc,'cr/ (<nYiclo.r ~~tJ..-r.:i, _;J~ 1/,uh2IZ_ ~ (I 7 ( :J.C I 5 ::~=-~n===~~~==~~~~.~~~~~~T~IC~~~~~~~~~~ SELF STORAGE 50UT~ ELEVATI ON AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM #3C SEPTEMBER 14, 2015 Short Purchase and Sale Agreement for 280 Camelia Street, Bennett Property Nelson VanLiere, City Manager 62 September 3, 2015 The City has been contemplating making a short sale contract offer to purchase 280 Camelia Street known as the "Bennett Property". The attorney for the property owner, John November, and the City Attorney have been working on a contract to present since the item was last discussed at our meeting on August 24, 2015. Since that time, the City has also obtained an appraisal that is being reviewed. The appraisal of the property will serve as a basis for what the City would be willing to pay for the property. This item is being placed on the agenda for action while the terms of the contract are still being worked out so that it may move forward as soon as it is ready. The City Commission may defer action and carry the item forward depending on the timing of the receipt of the con tract and the desire to move forward with the offer. There currently is no budget for this action. Funds are available within the unrestricted fund balance of the General Fund. If the decision to purchase the property is approved, the City will need to fund the contract. This would be accomplished with a midyear budget modification ordinance. The budget amendment would be to amend the 2015-16 operating budget once it is passed on the second reading, the last meeting in September. RECOMMENDATIONS: ATTCHMENTS: Authorize the City Attorney and the City Manager to proceed with the necessary purchase offer for 280 Camelia Street and to propose a midyear budget ordinance to fund the contract for a specified amount plus to be determined closing costs. 1. Unexecuted Short Sale and Purchase Agreement for 280 Camelia Street, Bennett Property. 2. Appraisal of 280 Camelia Street, Atlantic Beach obtained by the City 3. Resident Petition indicating support for the purchase submitted by seller 4. On-Line Petition showing support for the purchase submitted by seller REALTOR' PURCHASE AND SALE AGREEMENT AND DEPOSIT RECEIPT COPYRIGHTED BY AND SUGGESTED FOR USE BY THE MEMBERS OF THE NORTHEAST FLORIDA ASSOCIATION OF REAL TORS 0 , INC. AGENDA ITEM #3C SEPTEMBER 14, 2015 REALTOR' The City of Atlantic Beach, Florida ("BUYER/PURCHASER") 2 and Sara E. Bennett and Reuben F. Bennett ("SELLER"), 3 which terms may be singular or plural and include the successors, personal representatives and assigns of 4 BUYER and SELLER, hereby agree that SELLER will sell and BUYER will buy the following described property 5 with all improvements ("the Property"), upon the following terms and conditions and as completed or marked. In 6 any conflict of terms or conditions, that which is added will supersede that which is printed or marked. 7 PROPERTY DESCRIPTION: 8 (a) Street address, city, zip code: 280 CAMELIA ST Atlantic Beach FL 32233 9 (b) The Property is located in Duval County, Florida. Real Property Tax 10 No: 170862-0000 10 (c) Legal description of the Real Property (if lengthy , attach legal description): 18-34 38-2S-29E .492 11 ATLANTIC BEACH SEC H 12 ________________________________________________________________________ __ 13 The Property will be conveyed by statutory general warranty deed, trustee's, personal representative's or 14 guardian's deed as appropriate to the status of SELLER (unless otherwise required herein), subject to current 15 taxes, existing zoning, recorded restrictive covenants governing the Property, and easements of record. Under 16 Florida law financing of the BUYER's principal residence requires BUYER and BUYER's spouse to sign the 17 mortgage(s). Under Florida law the sale of a principal residence requires SELLER's spouse to sign the deed 18 even if the spouse's name is not on SELLER's present deed. 19 1. 20 PURCHASE PRICE to be paid by BUYER is payable as follows: (A) Binder deposit paid herewith, which will remain a binder until closing 21 unless sooner disbursed according to the provisions of this Agreement $ -------- 22 (B) Binder deposit due within days after date of acceptance of this 23 Agreement $-------- (C) Additional binder deposit due on or before or 24 25 ______ days after date of acceptance of this Agreement $ -------- 26 (0) Balance due at closing (not including BUYER's closing costs, prepaid 27 items or prorations) by cashiers, official or certified check drawn on a 28 United States banking institution or wire transfer $ ----------- 29 30 (E) Proceeds of a note and mortgage to be executed by BUYER to any lender other than SELLER (base loan amount excluding FHA MlP, 31 funding fees or financed closing costs) $ -------------- 32 (F) Seller financing by note and mortgage executed by BUYER to SELLER $ -------- (G) PURCHASE PRICE $_19_9...:..,7_5_0_.0_0 ___ _ 34 Escrow Agent Information (When the binder deposit(s) is held by an attorney or title insurance agency): 35 Name: US Patriot Title, LLC 36 Address: 120 Airport Road, Suite 2A, Palm Coast, FL 32164 37 Phone: 386-693-4919 Fax: -------------------38 E-mail: ________________________________________________ _ 39 Note: In the event of a dispute between BUYER and SELLER regarding entitlement to the binder 40 deposit(s) held by an attorney or title insurance agency, Broker's resolution remedies referenced 41 in paragraph 12(A) hereof are not available. 42 2. FINANCING INFORMATION: BUYER intends to finance this transaction as follows: 43 [RJ cash transaction 44 0 loan without financing contingency 45 0 loan as marked below with financing contingency. Page 1 of9 4.16.12 Serial#: 067649-200144-1214173 fcJriT1 si r11JJ 1 i ci t.Y 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 AGENDA ITEM #3C SEPTEMBER 14, 2015 (A) D FHA: "It is expressly agreed that, notwithstanding any other provisions of this Contract, the PURCHASER shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless the PURCHASER has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner, Department of Veteran Affairs, or a Direct Endorsement lender setting forth the appraised value of the Property of not less than $ . The PURCHASER shall have the privilege and option of proceeding with consummation of this Contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. The PURCHASER should satisfy himself/herself that the price and condition of the Property are acceptable." (B) D VA: It is expressly agreed that, notwithstanding any other provisions of this Agreement, the BUYER shall not incur penalty by forfeiture of earnest money or otherwise be obligated to complete the purchase of the Property described herein, if this Agreement purchase price or cost exceeds the reasonable value of the Property established by the Veterans Administration. The BUYER shall, however, have the privilege and option of proceeding with the consummation of this Agreement without regard to the amount of reasonable value established by the VA. (C) 0 CONVENTIONAL OR USDA FINANCING: If BUYER's financing is conventional or USDA, it is expressly agreed that, notwithstanding any other provision of this Agreement, BUYER shall not incur penalty by forfeiture of deposit(s) or otherwise be obligated to complete the purchase of the Property described herein if the purchase price exceeds the appraised value of the Property as established by the lender's appraiser. BUYER shall, however, have the option of proceeding with the consummation of this Agreement without regard to the amount of said appraised value. This contingency shall expire 5 days after expiration of the Loan Approval Period. (D) 00THER FINANCING: 0 MORTGAGE ASSUMPTION OS ELLER FINANCING. If marked see applicable Addendum attached hereto and made a part hereof. APPLICATION: Within __ days (5 days if left blank) after date of acceptance of this Agreement, BUYER will make application for mortgage loan(s) and pay lender for credit report(s). BUYER will timely furnish any and all credit, employment, financial, and other information required by lender. BUYER will pay for the appraisal at the earliest date allowed by law and will instruct the lender to order the appraisal within 3 days after time of such payment. BUYER hereby authorizes BUYER's lender to disclose information regarding the status, progress and conditions of loan application and loan approval to SELLER, SELLER's attorney, Broker(s) to this transaction, and settlement agent. Unless the mortgage loan is approved within __ days (45 days if left blank) after date of acceptance of this Agreement, hereinafter called Loan Approval Period, without contingencies except those pertaining to the Property, BUYER and SELLER shall have 5 days thereafter to: (1) Extend the time for loan approval by mutual written agreement; or (2) Terminate this Agreement by written notice to the other party. 84 If BUYER and SELLER do not extend the time for loan approval or terminate this Agreement within 85 said 5 day period, this Agreement shall no longer be subject to a financing contingency. In this event, 86 neither party shall have a right to terminate this Agreement under this paragraph, the binder deposit 87 shall not be refundable because of BUYER's failure to obtain financing, and this Agreement shall 88 continue through the date of closing. As used in this paragraph, contingencies pertaining to the 89 Property include, but are not limited to, marketable title and survey as required by this Agreement. 90 3. TITLE EXAMINATION AND DATE OF CLOSING: 91 (A) If title evidence and survey, as specified below, show SELLER is vested with marketable title, 92 including legal access, the transaction will be closed and the deed and other closing papers delivered 93 on or before D [E) 180 days after date of acceptance of this 94 Agreement, unless extended by other conditions of this Agreement. Marketable title means title which 95 a Florida title insurer will insure as marketable at its regular rates and subject only to matters to be 96 cured at closing and the usual exceptions such as survey, current taxes, zoning ordinances, 97 covenants, restrictions and easements of record. From the date of acceptance of this Agreement 98 through closing, SELLER will not take or allow any action to be taken that alters or changes the status 99 of title to the Property. 100 (B) Extension of Date of Closing 101 If closing cannot occur by the date of closing due to Truth In Lending Act (TILA) disclosure 102 requirements, the date of closing shall be extended for the period necessary to satisfy TILA disclosure 103 requirements, not to exceed 7 business days. Pl\~fl.__ _ ______ .P9g~_ZofJL_ _ _______________________ 4Jp.J4 Serialll: 067649-200144·1214173 1'-· '· • · onn s1 rnpnclf)" 104 105 106 107 108 109 110 Ill 112 113 114 115 116 117 118 119 120 4. 121 122 123 124 125 5. 126 127 128 129 130 131 132 6. 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 7. 149 !50 !51 !52 153 !54 155 156 157 !58 !59 AGENDA ITEM #3C SEPTEMBER 14, 2015 If extreme weather or other condition or event constituting acts of God causes (i) disruption of services essential to the closing process or (ii) unavailability of hazard, flood or wind insurance prior to closing, the date of closing will be extended for up to 5 days after restoration of services essential to the closing process and availability of applicable insurance. If (i) or (ii) continues for more than 30 days beyond the date of closing, BUYER or SELLER may terminate this Agreement by delivering written notice to the other party. If title evidence or survey reveals any defects which render the title unmarketable, BUYER or closing agent will have 5 days from receipt of title commitment and survey to notify SELLER of such title defects. SELLER agrees to use reasonable diligence to cure such defects at SELLER's expense and will have 30 days to do so, in which event this transaction will be closed within 1 0 days after delivery to BUYER of evidence that such defects have been cured but not sooner than the date of closing. SELLER agrees to pay for and discharge all due and delinquent taxes, liens and other monetary encumbrances, unless otherwise agreed. If SELLER is unable to convey to BUYER marketable title, BUYER will have the right to terminate this Agreement or to accept such title as SELLER may be able to convey, and to close this transaction upon the terms stated herein, which election will be exercised within 10 days after BUYER's receipt of SELLER's written notice of SELLER's inability to cure. TITLE EVIDENCE: At least days before date of closing (5 days if left blank), the party paying for the title insurance shall cause the title agent to issue: [RJTitle insurance commitment for an owner's policy in the amount of the purchase priceD Title insurance commitment for mortgage policy in the amount of the new mortgage. Any expense of curing title defects such as but not limited to legal fees, discharge of liens and recording fees will be paid by SELLER. SURVEY: At least days before date of closing (5 days if left blank), the party paying for the survey shall cause to be delivered to settlement agent: 0 A new staked survey of the Property dated within 3 months of date of closing showing all improvements, certified to BUYER, lender, and the title insurer in compliance with Florida law. [RJA copy of a previously made survey of the Property showing all existing improvements and sufficient to allow removal of the survey exceptions from the title insurance commitment. D No survey is required. If a surveyor's flood elevation certificate is required, BUYER shall pay for it. CASUALTY LOSS OR DAMAGE : If the Property is damaged by any casualty prior to closing, SELLER shall immediately notify BUYER in writing. If the cost of repair or restoration does not exceed 3% of the purchase price, cost of restoration will be an obligation of SELLER and closing will proceed pursuant to the terms of this Agreement. If the cost of repair or restoration exceeds 3% of the purchase price, BUYER may terminate this Agreement by giving written notice to SELLER within 10 days after BUYER's receipt of written notice from SELLER of the casualty. If BUYER has not so terminated, SELLER shall have 30 days from the end of said 10 day period to complete the repairs in accordance with the conditions required by paragraph 14 and all applicable laws. Closing shall occur within 20 days thereafter but not sooner than the date of closing as set forth in paragraph 3. If BUYER has not terminated as above and the cost of repair or restoration exceeds said 3% and SELLER declines to pay the excess, then SELLER must notify BUYER in writing of same within 15 days after the casualty. In this event, BUYER may either purchase the Property as is, together with any insurance proceeds payable by virtue of such casualty (to be assigned by SELLER to BUYER upon closing) plus an amount equal to SELLER's deductible, or BUYER may terminate this Agreement. BUYER shall have 5 days after receipt of SELLER's written notice of refusal to pay the excess costs, to terminate this Agreement, or be deemed to have elected to proceed with this transaction. PRORATIONS: All taxes, rents, condominium and homeowners' association fees, solid waste collection/disposal fees, stormwater fees, and Community Development District ("COD") fees will be prorated through day before closing based on the most recent information available to the closing attorney/settlement agent using the gross tax amount for estimated tax prorations. The day of closing shall belong to BUYER. Any proration based on an estimate shall be reprorated at the request of either party upon receipt of the actual bill based on the maximum discount available. PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY UPON SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. PASA Page 3 of 9 4.16.12 --~ ----------------·-------~ ------------------------- Serialn: 067649-200144-1214173 160 8. 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 9. 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 BUYER WILL PAY: (A) CLOSING COSTS: [R]Recording fees [R]Ciosing attorney/settlement fee Olntangible tax [R]BUYER's courier fees AGENDA ITEM # 3C SEPTEMBER 14, 2015 ONote stamps 0Adjusted mortgage origination charges OSimultaneous mortgagee title insurance policy 0Mortgage insurance premium OTitle insurance endorsements 0Mortgage discount not to exceed ____ _ [R]Wood-destroying organism report 0Appraisal fee OLender's flood certification fees 0Credit report (s) OTax service fee 0Mortgage transfer and assumption charges [R]Inspection and reinspection fees 0Title search OReal estate brokerage fee-------OVA funding fee osurvey DOne year home warranty------- OOther~~-----~~~~~~~--------~~~~~~-~~~--~~~ (B) All other charges required by lender(s) in connection with the BUYER's loan(s), unless prohibited by law or regulation. (C) Condominium and homeowners' association application/transfer fees, the cost of completion of a lender's condominium questionnaire and capital contributions, if required. (D) PREPAIDS: Prepaid hazard, flood and wind insurance, taxes, interest and mortgage insurance premiums if required by the lender. SELLER WILL PAY: (A) CLOSING COSTS: [R]Deed stamps DOne year home warranty-------- [R]Owner's title insurance policy OTitle insurance endorsements [R]Title search OLender's flood certification fees 0Ciosing attorney/Settlement fee 0Mortgage discount not to exceed. ____ _ OReal estate brokerage fee 0Appraisal fee [R]Survey 0Tax service fee 0Satisfaction of mortgage and recording fee [R]SELLER's courier fees 0Wood-destroying organism report (Seller must pay if VA) OOther ________________________________________________________ _ (B) Condominium and Homeowners' Association estoppel/statement costs. (C) All other charges required by lender(s) in connection with the BUYER's loan(s) which BUYER is prohibited from paying by law or regulation. (D) If SELLER agrees to pay any amount toward BUYER's closing costs and/or prepaids, SELLER shall be obligated to pay, upon closing, only those costs marked in paragraph B(A) and those specified in paragraphs 8(B), 8(C) and 8(D). This amount will include all VA/FHA non-allowables not specified to be paid by SELLER. (E) All mortgage payments, condominium or homeowners association fees and assessments, Community Development District "(CDD)" and government special assessments due and payable shall be paid current at SELLER's expense at the time of closing. (F) Public Body Special Assessments. At closing, SELLER will pay: (i) the full amount of liens imposed by a public body that are certified, confirmed and ratified before the date of closing not payable in installments; and (ii) the amount of the public body's most recent estimate or assessment for an improvement which is substantially completed as of date of acceptance of this Agreement but that has not resulted in a lien being imposed on the Property before closing. "Public body" does not include a condominium or homeowners' association or CDD fees. If public body special assessments may be paid in installments (CHECK ONE) OBUYER shall pay installments due after date of closing. [R]SELLER will pay the assessment in full prior to or at the time of closing. IF NEITHER BOX IS MARKED THEN BUYER SHALL PAY INSTALLMENTS DUE AFTER DATE OF CLOSING. This paragraph 9(F) shall not apply to liens imposed by a Community Development District created by Florida Statutes 190. The special benefit tax assessment imposed by a Community Development District shall be treated as an ad valorem tax. (G) FIRPTA Tax Withholding: If SELLER is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the BUYER and SELLER shall comply with the Act, which may require SELLER to provide additional funds at closing. PASA Page 4 of 9 4.16.12 Serial#: 067649-200144-1214173 217 10. 218 219 220 221 222 223 224 225 226 227 228 229 11. 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 12. 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 13. 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 DEFAULT: AGENDA ITEM# 3C SEPTEMBER 14, 2015 (A) If BUYER defaults under this Agreement, all binder deposit(s) paid and agreed to be paid (after deduction of unpaid closing costs incurred except inspection fee(s), credit report and appraisal fees) will be retained by SELLER as agreed upon liquidated damages, consideration for the execution of this Agreement and in full settlement of any claims. BUYER and SELLER will then be relieved of all obligations to each other under this Agreement except for BUYER's responsibility for damages caused during inspections as described in paragraph 14. (B) If SELLER defaults under this Agreement, BUYER may either: (i) seek specific performance; or (ii) elect to receive the return of BUYER's binder deposit(s) without thereby waiving any action for damages resulting from SELLER's default. (C) Binder deposit(s) retained by SELLER as liquidated damages will be distributed pursuant to the terms of the listing agreement. NON-DEFAULT PAYMENT OF EXPENSES: (A) If BUYER fails to perform, but is not in default , all loan and sale processing and closing costs incurred, whether the same were to be paid by BUYER or SELLER, will be the responsibility of BUYER with costs deducted from the binder deposit(s) and the remainder of the binder deposit(s) shall be returned to BUYER. This will include but not be limited to the transaction not closing because BUYER does not obtain the required financing as provided in this Agreement or BUYER invokes BUYER's right to terminate under any contingency in this Agreement; however if Buyer elects to terminate this Agreement pursuant to paragraphs 2(A), 2(B), 2(C), or 14 each party will be responsible for all loan and sale processing costs specified to be paid by that party. (B) If SELLER fails to perform, but is not in default , all loan and sale processing and closing costs incurred, whether the same were to be paid by BUYER or SELLER, will be the responsibility of SELLER, and BUYER will be entitled to the return of the binder deposit(s). This will include the transaction not closing because SELLER elects not to pay for the amount in excess of the amounts in paragraph 6, with respect to casualty, loss or damage, or because SELLER cannot deliver marketable title, but shall not include failure to appraise, or termination pursuant to paragraph 14. BINDER DISPUTE, WAIVER OF JURY TRIAL AND A HORNEY FEES: (A) In the event of a dispute between BUYER and SELLER as to entitlement to the binder deposit(s), the holder of the binder deposit(s) may file an interpleader action in accordance with applicable law to determine entitlement to the binder deposit(s), and the interpleader's attorney's fees and costs shall be deducted and paid from the binder deposit(s) and assessed against the non-prevailing party, or the broker holding the binder deposit(s) may request the issuance of an escrow disbursement order from the Florida Division of Real Estate. In either event, BUYER and SELLER agree to be bound thereby, and shall indemnify and hold harmless the holder of the binder deposit(s) from all costs, attorney's fees and damages upon disbursement in accordance therewith. (B) All controversies and claims between BUYER, SELLER or Broker, directly or indirectly, arising out of or relating to this Agreement or this transaction will be determined by non-jury trial. BUYER, SELLER and Broker, jointly and severally, knowingly, voluntarily and intentionally waive any and all rights to a trial by jury in any litigation, action or proceeding involving BUYER, SELLER or Broker, whether arising directly or indirectly from this Agreement or this transaction or relating thereto. Each party will be liable for their own costs and attorney's fees except for interpleader's attorney's fees and costs which shall be payable as set forth in paragraph 12(A). PROPERTY DISCLOSURE: SELLER does hereby represent that SELLER has legal authority and capacity to convey the Property. SELLER represents that SELLER has no knowledge of facts materially affecting the value of the Property other than those which BUYER can readily observe except: SELLER further represents that the Property is not now and will not be prior to date of closing subject to a municipal or county code enforcement proceeding and that no citation has been issued except: If the Property is or becomes subject to such a proceeding prior to date of closing, SELLER shall comply with Florida Statutes 125.69 and 162.06; notwithstanding anything contained within said Statutes, SELLER shall be responsible for compliance with applicable code and all orders issued in such proceeding unless otherwise agreed herein. SELLER has received no written or verbal notice from any governmental entity as to uncorrected building, environmental or safety code violations, and SELLER has no knowledge of any repairs or improvements made to the Property not in compliance with governmental regulations except: PASA Page 5 of 9 4.16.12 Serial~: 067649·200144-1214173 formsimnlicitv 1 - 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 14. 304 305 306 307 308 309 310 31 [ 312 313 314 315 316 317 3!8 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 AGENDA ITEM# 3C SEPTEMBER 14, 2015 (A) Energy Efficiency: In accordance with Florida Statute 553.996, notice is hereby given that the BUYER of real property with a building for occupancy located thereon may have the building's energy-efficiency rating determined. BUYER acknowledges receipt of the Florida energy efficiency rating information brochure prepared by the State of Florida at the time of or prior to BUYER signing this Agreement. (B) Radon Gas Disclosure: Radon gas is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from your county health unit. (C) Flood Zone: BUYER is advised to verify with the lender and appropriate government agencies whether flood insurance is required and what restrictions apply to improving the Property and rebuilding in the event of casualty. (D) Community Development District: The Property may be in a Community Development District (COD). See BUYER'S Community Development District Acknowledgement for further information. (E) Mold Disclosure: Mold is naturally occurring. The presence of mold in a home or building may cause health problems and damage to the Property. . (F) Defective Drywall: The presence of Defective Drywall in a home may cause health problems and damage to the Property. (G) Airport Notice Zones: If the Property is in Noise Zones A, B and/or an Airport Notice Zone, BUYER and SELLER agree to comply with the City of Jacksonville Ordinance Code Section 656.1010. (H) Historic Districts: BUYER is advised to verify with appropriate government agencies whether the Property is in an historic district; if so, the Property is subject to additional guidelines and restrictions. See Historic District Disclosure for further information. (I) Other: BUYER should exercise due diligence with respect to information regarding neighborhood crimes, sexual offenders/predators and any other matters BUYER deems relevant to the purchase of the Property. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments, BUYER and SELLER agree that the cost of inspections and investigations requested by BUYER are exempt from paragraph 11 of this Agreement and will be paid by BUYER regardless of the outcome of this Agreement. If BUYER elects not to have inspections and investigations performed, or fails to make a timely request for repairs/replacements/treatments as set forth in this paragraph 14, BUYER accepts the Property in its "AS IS" condition as of the date of acceptance of this Agreement. BUYER will be responsible for repair of all damages to the Property resulting from inspections and investigations, and BUYER will return the Property to its pre-inspection condition . These obligations shall survive termination of this agreement. (A) Access and Utilities: SELLER will make the Property available for inspections and investigations during the time provided for inspections and investigations in this paragraph, and, if not, the time for inspections and investigations will be extended by the time access was denied. If utilities are not active at the time the inspections, investigations or appraisal are to be made, SELLER will pay to have the utilities activated for these purposes. Within 10 days after the date of acceptance of this Agreement ("Inspection Period"), BUYER may have the Property inspected and investigated by appropriately licensed inspectors or persons/entities holding a Florida license to build, repair or maintain the items inspected. The inspections and investigations include, but are not limited to: (1) testing and inspecting all major appliances, heating, cooling, mechanical, electrical and plumbing systems, well and septic (including drain field systems), the roof, pool and pool equipment, drainage, and environmental and sinkhole conditions; (2) inspecting for active infestation and/or damage from termites and other wood-destroying organisms, defective drywall and mold; and (3) verifying square foot measurement, and reviewing applicable zoning and historic classifications, covenants, restrictions, easements, rules, and other governing documents affecting the Property. If BUYER determines, in BUYER's sole discretion, that the Property is not acceptable to BUYER, BUYER may prior to the expiration of the Inspection Period: • terminate this Agreement by delivering written notice of such election to SELLER together with a copy of all written reports of inspections and investigations; or • submit BUYER's written request to SELLER for repairs/replacements/treatments, if any, together with a copy of all written reports of inspections and investigations. BUYER and SELLER shall have 5 days from SELLER's receipt of such request within which to enter into a written agreement for repairs/replacements/treatments, failing which this Agreement shall be deemed terminated. PASA Page 6 of 9 4.16.12 - Sertal#: OG7G49-200144-1214173 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 AGENDA ITEM #3C SEPTEMBER 14, 2015 If this Agreement is terminated as provided in this paragraph, BUYER and SELLER shall be released from all further obligations under this Agreement except as otherwise provided in this paragraph 14. Prior to the binder deposit(s) being delivered to BUYER, BUYER shall provide SELLER with paid receipts for all investigations and inspections. BUYER shall be responsible for prompt payment for all of BUYER's inspections and investigations. BUYER agrees to indemnify and hold SELLER harmless from all losses, damages, claims, suits, and costs which may arise out of any contract, agreement, or injury to any person or property as a result of any activities of BUYER and BUYER's agents and representatives relating to inspections and investigations except for any losses, damages, claims, suits, or costs arising out of pre-existing conditions of the Property or out of SELLER's negligence, willful acts or omissions. SELLER shall have any agreed upon repairs/replacements/treatments completed by appropriately licensed persons within 10 days of entering into a written agreement for such with BUYER and receipt by SELLER of written notice of BUYER's loan approval, if applicable. SELLER shall notify BUYER in writing upon completion of all agreed upon repairs/replacements/treatments and provide BUYER with copies of all receipts for same at that time. BUYER may, within 3 days after receipt of SELLER's written notice and delivery of such receipts, reinspect the Property solely to verify that SELLER has completed the agreed upon repairs/replacements/treatments. No other repair/replacemenUtreatment issues may be raised as a result of this reinspection. Walk-Through: Prior to closing, BUYER may walk through the Property solely to verify that SELLER has maintained the Property in the condition required in this Agreement. 357 (B) Broker's Notice: Neither the Listing Broker nor Selling Broker warrants the condition, size or square 358 footage of the Property and neither is liable to BUYER or SELLER in any manner whatsoever for all losses, 359 damages, claims, suits, and costs regarding same. BUYER and SELLER hereby release and hold 360 harmless said Brokers and their licensees from all losses, damages, claims, suits, and costs arising out of 361 or occurring with respect to the condition, size or square footage of the Property. Brokers shall not be liable 362 for the pertormance by any provider of services or products recommended by Brokers. Such 363 recommendations are made as a courtesy. BUYER and SELLER may select their own providers of 364 services or products. 365 (C) BUYER's Responsibility: Repairs, replacements and treatments to the Property after date of closing or 366 BUYER's possession, whichever occurs first, will be BUYER's responsibility unless otherwise agreed in 367 writing. 368 15. POSSESSION: 369 [R]BUYER will be given possession at closing 370 0BUYER will be given possession within __ days after the date of closing at no rental cost to SELLER. 371 If neither box is marked then BUYER will be given possession at closing. 372 If possession is to be delivered before or after date of closing, the BUYER and SELLER shall execute a 373 separate possession agreement prepared by legal counsel at possessor's expense at least 5 days before 374 date of closing on terms reasonably acceptable to BUYER and SELLER. 375 376 377 378 379 380 381 382 383 384 16. 385 386 387 388 389 390 391 392 393 394 SELLER shall sweep the Property clean and remove all personal property not included in sale by time of BUYER's possession. [g) SELLER represents that there are no parties in possession other than SELLER. OBUYER understands that the Property is available for rent or rented and the tenant may continue in possession following date of closing unless otherwise agreed in writing. Within 5 days after date of acceptance of this Agreement SELLER shall provide BUYER with a copy of all current leases for the Property and deliver to BUYER originals of same at closing. At closing, all tenant deposits will be transferred from SELLER to BUYER and any leases shall be deemed to have been assigned by SELLER to BUYER and the obligations thereunder assumed by BUYER. PERSONAL PROPERTY: The following items owned by SELLER and existing on the Property on the date of the initial offer are included in the purchase price: range/oven, cooktop, dishwasher, disposal, ceiling fans, audio/visual system wiring, light fixtures, bathroom mirrors, drapery hardware, all window treatments, garage door opener and control, security gate and other access devices, mailbox and mailbox key if applicable; fence, plants and shrubbery, all as now installed on the Property, and those additional items checked below~o which no value has been assigned). 0Refrigerator DSmoke detector(s) 0Pool fence/barrier 0Mounted/installed speakers DWasher 0Window/wall ale 0Pool Sweep owater softener/treatment system 0Dryer OBuilt-in Generator 0Above Ground Pool 0Storm shutters and panels 0Gas Jogs 0Wine cooler 0Storage Shed 0Spa or hot tub with heater 0Trash Compactor0Microwave Oven Olntercom _ f'f\Sf\ ____ -···--··--__ j=l§g~}_of_~ 4.16.12 . ·--~. -~ ----~-~---·-·-·-. -----·----·--·---------------.. ··----------- Serial#: 067649·200144-1214173 AGENDA ITEM #3C SEPTEMBER 14, 2015 395 OOther (specify): __________________________ _ 396 397 398 399 17. 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 18. 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 19. 441 442 443 444 Items specifically excluded from this Agreement: ADDENDA/RIDERS/DISCLOSURES: If marked the following are attached hereto and made a part of this Agreement: 0Condominium Rider 0 Homeowners' Association/Community Disclosure [R]Lead-Based Paint Disclosure Form (for pre-1978 homes) 0Coastal Construction Control Line Disclosure [R]Short Sale Addendum 0USDA Financing Addendum 0For Your Protection: Get a Home Inspection (for FHA Financing) OOther (Specify here)-------------------------- ADDITIONAL TERMS AND CONDITIONS: Items specifically excluded from agreement: The sheds located behind the main house on the property and any contents included in the sheds may be removed by Seller prior to closing. 4. In the additional terms and conditions section add: Seller shall have the option to not sell the property if Seller's closing costs are not paid by the encumbrance holder at the time of closing. Seller shall have the option to not sell the property if the encumbrance holders do not provide Seller with a Form 1 099-c Cancelation of Debt Form to release from any present or future deficiency judgments in relation to this property. Buyer's purchase of property is contingent on the final approval and allocation of budget funds by the Atlantic Beach City Commission after the encumbrance holder has approved the contract for sale. COMPLETE AGREEMENT AND MISCELLANEOUS PROVISIONS: BUYER and SELLER acknowledge receipt of a copy of this Agreement. Except for brokerage agreements, BUYER, SELLER and Broker agree that the terms of this Agreement constitute the entire agreement between them and that they have not received or relied on any representations by Brokers or any material regarding the Property including, but not limited to, listing information, that are not expressed in this Agreement. No prior or present agreements or representations will bind BUYER, SELLER or Brokers unless incorporated into this Agreement. Modifications of this Agreement will not be binding unless in writing, signed and delivered by the party to be bound. This Agreement and any modifications to this Agreement may be signed in counterparts and may be executed by electronic media, including facsimile and email. Headings are for reference only and shall not be deemed to control interpretations. If any provision of this Agreement is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. Neither this Agreement nor any memorandum hereof will be recorded in any public records. In the performance of the terms and conditions of this Agreement each party will deal fairly and in good faith with the other. Notice to the Broker for a party shall be deemed notice to that party. All assignable repair and treatment contracts and warranties are deemed assigned by SELLER to BUYER at closing unless otherwise stated herein. SELLER agrees to sign all documents necessary to accomplish same. at BUYER's expense. if any. TIME IS OF THE ESSENCE IN THIS AGREEMENT. As used in this Agreement, "days" means calendar days. Any time periods herein, other than the time of acceptance, which end on a Saturday, Sunday, or State holiday shall extend to the next day which is not a Saturday, Sunday or State holiday. All references to a date other than the date of acceptance shall be 7:00 p.m. Eastern Time (ET). BUYER'S AND SELLER'S NOTICES: BUYER and SELLER represent that they have not entered into any other agreements with real estate brokers other than those named below with regard to the Property. BUYER and SELLER give the Brokers authorization to advise surrounding neighbors who will be the new owner of the Property. "Broker", as used in this Agreement, is deemed to include all of Broker's licensees licensed to sell real property in the State of Florida. PAS)\ ... _____ ....... ____ _ -·····---· ~CI_Qe_~_()f~---... ··-·-···· __ . ········-____ .... ____ -1_._1_6:1.?_ Serial#: 067649·200144·1214173 t·f,1"'"1f'l··y"!J' !:(,;f\1 1.-' t t ... :1-1 \ \ 1 _ I i .-~ "-_} 445 20. 446 447 448 21. 449 450 22. 451 452 453 454 23. 455 456 457 24. 458 459 460 461 462 463 25. 464 465 466 467 AGENDA ITEM #3C SEPTEMBER 14, 2015 ESCROW DISCLOSURE: BUYER and SELLER agree that Broker may place escrow funds in an interest bearing account pursuant to the rules and regulations of the Florida Real Estate Commission and retain any interest earned as the cost associated with maintenance of said escrow. SOCIAL SECURITY OR TAX 1.0. NUMBER: BUYER and SELLER agree to provide their respective Social Security or Tax I. D. number to closing attorney/ settlement agent upon request. 1031 EXCHANGE: BUYER or SELLER may elect to effect a tax-deferred exchange under Internal Revenue Service Code Section 1031(which shall not delay the closing), in which event BUYER and SELLER agree to sign documents required to effect the exchange, provided the non-exchanging party shall not incur any costs, fees or liability as a result of or in connection with the exchange. PAYOFF AUTHORIZATION: SELLER hereby authorizes the closing attorney/settlement agent to obtain mortgage payoff letters (including from foreclosure attorneys) and Homeowner's and Condominium Association status letters on behalf of SELLER. TIME OF ACCEPTANCE: IF THIS OFFER IS NOT SIGNED BY BUYER AND SELLER AND DELIVERED TO BUYER AND SELLER OR THEIR RESPECTIVE BROKER (INCLUDING BY FAX AND ELECTRONICALLY) ON OR BEFORE __ :01 0 A.M. 0 P.M. (DATE), THIS OFFER WILL TERMINATE. THE TIME FOR ACCEPTANCE OF ANY COUNTER OFFER SHALL BE _____ HOURS (24 HOURS IF LEFT BLANK) FROM THE TIME THE COUNTER OFFER IS DELIVERED. DATE OF ACCEPTANCE : The date of acceptance of this Agreement shall be the date on which this Agreement is last executed by BUYER and SELLER and the fact of execution is communicated to the other party in writing. If this Agreement is not understood, BUYER and SELLER should seek competent legal advice. 468 BUYER DATE SELLER DATE 469 470 BUYER DATE SELLER DATE 471 472 BUYER DATE SELLER DATE 473 474 BUYER DATE SELLER DATE 475 Broker, by signature below, acknowledges receipt of $ 0 cash 0 check as the 476 binder deposit specified in paragraph 1 (A) of this Agreement. It will be deposited and held in escrow pending 477 disbursement according to the terms hereof, together with any additional binder deposit(s) escrowed by the 478 terms of this Agreement. 479 ~------------------------480 Company By Title ENDOFPURCHASEANDSALEAGREEMENT 481 Broker joins in this Agreement to evidence Broker's consent to be bound by the provisions of paragraph 482 12 above. 483 non-rep 484 Firm Name of Listing Broker 485 ______________________________ __ 486 Phone for Listing Broker 487 By: -:---:------------------------- 488 Authorized Licensee Signature 489 490 Printed Name of Licensee 491 492 Phone for Listing Licensee PASA Serial#: 067649-200144-1214173 non-rep Firm Name of Selling Broker Phone for Selling Broker By: -:---...,--...,...,-,.-------=c,.------------- Authorized Licensee Signature Page9of9 Printed Name of Licensee Phone for Selling Licensee 4.16.12 Ll'(~' ~·,T ,. 1. '''1 , .• 1 1' "i + \1 JJ L.l0 1! PJ '~·~l~ REALTOR' SHORT SALE ADDENDUM COPYRIGHTED BY AND SUGGESTED FOR USE BY THE MEMBERS OF THE NORTHEAST FLORIDA ASSOCIATION OF REAL TORS"', INC. AGENDA ITEM #3C SEPTEMBER 14,2015 REALTOR' This Addendum is made by the undersigned BUYER and SELLER and is incorporated into and made a part of the Purchase and Sale Agreement and Deposit Receipt between BUYER and SELLER (the "Purchase and Sale Agreement"). Where this Addendum is in conflict with the terms of the Purchase and Sale Agreement, the terms contained in this Addendum will govern. This Addendum is referenced in the Purchase and Sale Agreement and pertains to the following Property: 280 CAMELIA ST Atlantic Beach FL 32233 This transaction is referred to as a Short Sale because the Purchase Price is less than or "short" of the amount(s) owed for SELLER's closing costs and prorated items and to pay off encumbrance holders. 1. SELLER represents that the purchase price may be less than the amounts owed for SELLER's closing costs and to holders of outstanding mortgages and other liens affecting the Property ("encumbrance holders"). SELLER's obligation to close the sale of the Property is contingent on the agreement of SELLER's encumbrance holders and/or court consent to: (a) accept a payoff which is less than the balance due under the encumbrances; (b) accept the HUD-1 settlement statement; and (c) furnish a recordable satisfaction or release of the encumbrances. NOTICE: IN A SHORT SALE TRANSACTION, SELLER MAY HAVE A CONTINUING FINANCIAL OBLIGATION TO SELLER'S ENCUMBRANCE HOLDERS AFTER CLOSING INCLUDING, BUT NOT LIMITED TO, EXECUTION OF A PROMISSORY NOTE IN FAVOR OF THE ENCUMBRANCE HOLDER(S) OR LIABILITY FOR A DEFICIENCY JUDGMENT. SELLER IS ADVISED TO SEEK COMPETENT LEGAL AND FINANCIAL ADVICE CONCERNING SELLER'S LEGAL, TAX AND FINANCIAL OBLIGATIONS. THE FACT THAT THIS SHORT SALE MAY BE CONSIDERED OR APPROVED BY ENCUMBRANCE HOLDERS DOES NOT AUTOMATICALLY MEAN THAT ANY FORECLOSURE PROCESS HAS BEEN SUSPENDED OR DELAYED. 2. SELLER shall within 5 days from the date of the Purchase and Sale Agreement initiate the process to have this short sale approved by all encumbrance holders and request in writing a delay of the foreclosure sale date if the foreclosure sale date is scheduled to take place before the date of closing. SELLER shall provide all information and documentation required by the encumbrance holders within 5 days after receiving the request(s). SSA 4.16.12 REV Serial~: 083421·500144·1214408 AGENDA ITEM #3C SEPTEMBER 14, 2015 SHORT SALE ADDENDUM continued 3. If this short sale is not approved in writing by all encumbrance holders within 180 days (60 days if left blank) from the date of the Purchase and Sale Agreement ("Approval Deadline"), either BUYER or SELLER may terminate the Purchase and Sale Agreement by giving written notice to the other. If neither BUYER nor SELLER has delivered such termination notice within 5 days after the Approval Deadline then the Approval Deadline shall be extended automatically by 30 days. BUYER and SELLER agree to cooperate in good faith without delay to achieve approval. SELLER shall deliver to BUYER a copy of the approval or denial letters of all encumbrance holders within 2 days after receipt by SELLER. Short sale approval means that all encumbrance holder(s) shall agree to reduce their respective payoff amount(s) by an amount sufficient to permit the proceeds from the sale of the Property to pay the encumbrances and SELLER's closing costs and prorated items. 4. SELLER hereby authorizes and directs the following parties to freely communicate and share information with each other regarding the current status of the SELLER's application for short sale and of the approval or denial of same: encumbrance holders, Brokers to this transaction, closing attorney/settlement agent and short sale facilitator(s). 5. BUYER acknowledges that SELLER's encumbrance holders are not parties to the Purchase and Sale Agreement and are not obligated to consider or approve the Purchase and Sale Agreement within any specified time period. BUYER further acknowledges that SELLER and Brokers are not liable for encumbrance holders' delays, failure to approve this short sale or failure to complete this short sale after approving the Purchase and Sale Agreement. 6. Notwithstanding paragraph 11 (B) of the Purchase and Sale Agreement, if this transaction does not close because the encumbrance holders do not approve this short sale, SELLER is not responsible for BUYER's loan and sale processing and closing costs incurred. 7. The date of acceptance of the Purchase and Sale Agreement shall be the date on which the Purchase and Sale Agreement is last executed by BUYER and SELLER and the fact of execution is communicated to the other party in writing (not the date of encumbrance holders' approval). 8. Time Periods: (Check one) (a) [R] Except for Approval Deadline and payment of binder deposit(s), all time periods for inspections, contingencies, loan application and loan approval shall begin from the date BUYER receives a copy of approval letters from all encumbrance holder(s). The date of closing shall be on or before 60 days (45 days if left blank) after approval by the encumbrance holder(s) unless extended by other conditions of the Purchase and Sale Agreement. (b) D All time periods under the Purchase and Sale Agreement shall begin from the date of acceptance of the Purchase and Sale Agreement by BUYER and SELLER. If neither box 8(a) nor 8(b) is marked, then 8(a) shall apply. 9. All prorations shall be final at closing. SSA 4.16.12 REV ---· ----------------. --·------ Serial#: 083421-500144-1214488 rl'l'll'l '~.l· rn n l1' ci t'l 1 ' -..~. ,_, .t .. -I~-_ _,-.._ .) SHORT SALE ADDENDUM co ntin ued 10 . After BUYER's offer has been accepted by SEL LER , SELLER may: AGENDA ITEM 1#3C SE PT E MB~R 14,2015 0 continu e to market th e Property as active contingent In th e North eas t Florida Multiple Listing SeNice (NEFMLS); or [R] not continue to market th e Property and hereby in structs the listing Broker to change the sta tus of th e Pro pe rty to pending in the NEFM L S. Regardless of which of the above is marked , SELLER has the right to accept other offers as backup cont racts. If SELLER receives s ubseque nt written offer(s) to purc ha se th e Properly , w hether accepted or not, wh ich SELLER in tends to submit to e ncum bran ce hold e rs, SELLER must deliver to BUYER written not ice of SELLER's intention within 24 ho urs after rece ipt of such other written offer(s} (the ''N otice"}. BUYER will have 5 days afte r delivery of the Notic e to term inate the Agreement. If BUYER e lects to te rmin ate the Agree men t, BUYER mu st n otify SE LLER of BUYER's e lection in writing within the 5 day period. 11 . Un less oth erwise directed in w ritin g by SELLER's encumbrance ho lder(s), SELLER ha s an oblig ati on to inform th em in writi ng of a ll subsequen t higher writte n offe rs , whether accepted or not, until SELLER has received wri tt en ap prova l by encumbrance holder(s) of this short sa le. S ELLER acknowledg es that f ailure to inform Sell er's e ncumbran ce h old er(s) in writing of a ll subsequent h igller written offe r s prior to receipt of writt e n approval by SE LLER 's e nc umbran ce holder(s) of t his short sa le may be construed as mortgage fraud. TH IS PARAGRAPH SHOULD NOT BE DELETED OR MO DI FIED . B UY ER BUYER SE LLE R SE LLER SSA SOIIalll: OD3421·~00U4·1214400 DATE DATE DATE DATE Page 3 of,3 4.16.12 REV fl'l'lllS i I) I pl ici i \' REALTOR' LEAD~BASED PAINT DISCLOSURE FOR RESIDENTIAL SALES ADDENDUM DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS AGENDA ITEM #3C SEPTEMBER 14, 2015 REALTOR' This Addendum is made by the undersigned BUYER and SELLER and is incorporated into and made a part of the Purchase and Sale Agreement and Deposit Receipt between BUYER and SELLER (the "Agreement"). This Addendum is referenced in the Agreement and pertains to the following Property: 280 CAMELIA ST Atlantic Beach FL 32233 Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. Seller's Disclosure (initial) (a) Presence of lead-based paint and/or lead-based paint hazards (check one below): 0Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). 0 Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the seller (check one below: 0 Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below). 0 Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Buyer's Acknowledgment (initial) __ (c) Buyer has received copies of all information listed above. __ (d) Buyer has received the pamphlet Protect Your Family from Lead in Your Home. __ (e) Buyer has (check one below): 0 Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or 0 Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. Licensee's Acknowledgment (initial) __ (f) Licensee has informed the Seller of the Seller's obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate. SELLER DATE BUYER DATE SELLER DATE BUYER DATE LISTING LICENSEE DATE SELLING LICENSEE DATE Any person or persons who knowingly violate the provisions of the Residential Lead-Based Paint Hazard Reduction Act of 1992 may be subject to civil and criminal penalties and potential triple damages in a private civil lawsuit ~P.~~~~f.\(S.ALf:S.) _ _ _ _ __ __ _ _ _ _ 4.16.12 Serialff: 048756-900143-9911762 II Residential Appraisal Report AGENDA ITEM #3C SEPTEMBER 14, 2015 LISTING REPORT File No. duvalatlanticbeachsfr The purpose of this appraisal report is to provide the client with a credible opinion of the defined value of the subject property, given the intended use of the appraisal. Client Name/Intended User CITY OF ATLANTIC BEACH E-mail NVANLIERE@COAB.US • Client Address 800 SEMINOLE RD City ATLANTIC BEACH State FL Zip 32223 : Additional Intended User(s) CITY OF ATLANTIC BEACH ·------~~~~~~~~~~~~~~~~~~~~~~----~~--------------------~ Intended Use VALUATION OF HOME AND LAND AND LAND ONLY. LAND VALUE OPINION IS INCLUDED IN THE RECONCILIATION SECTION OF THE REPORT. Property Address 280 CAM ELlA ST Owner of Public Record BENNETI, F REUBEN & SARA E Leaal Description See Attached Addendum " Assessor's Parcel# 170862 -0000 Neiqhborhood Name ATLANTIC BEACH Property Riahts Appraised LX] Fee Simple [ J Leasehold [ ] Other (describe) City ATLANTIC BEACH State FL Zip 32223 County DUVAL Tax Year 2014 R.E. Taxes$ 1 100.79 Map Reference 556 -4 Census Tract 139.02 My research [ ] did [X] did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal. Prior Saleffransfer: Date N/A Price N/A Source(s) MLS/PUBLIC RECORDS Analysis of prior sale or transfer history of the subject property (and comparable sales. if applicable) Offerings, options and contracts as of the effective date of the appraisal Neighborhood Characteristics One-Unit Housing Trends One-Unit Housing Present Land Use% Location [ J Urban X] Suburban [ J Rural Property Values L J Increasing Xj Stable Declining PRICE AGE One-Unit 85 % Built-Up [Xjover75% ]25-75% [ ]Under25% Demand/Supply [ ]Shortaqe X] In Balance OverSupply $(000) (yrs) 2-4Unit 2% Growth 0 Rapid [RJ Stable 0 Slow Marketinq Time 0 Under 3 mths [RJ 3-6 mths Over 6 mths 75 Low 5 Multi-Family 2 % : Neighborhood Boundaries See Attached Addendum 500 Hiqh 70 Commercial 5 % • 150 Pred. 20 Other 6 % :, Neighborhood Description SUBJECT PROPERTY HAS EASY ACCESS TO PUBLIC AND PRIVATE FACILITIES TRANSPORTATION Iii SHOPPING SCHOOLS AND EMPLOYMENT. THE SUBJECT PROPERTY IS LOCATED ON A TIDAL CREEK WITH A MARSH VIEW. t!! Market Conditions (including support forthe above conclusions) PROPERTY VALUES APPEAR TO HAVE STABILIZED. FINANCING AVAILABLE TO QUALIFIED BUYERS. DOM ARE BETWEEN 90-120 DAYS Dimensions SUBJECT TO A CURRENT SURVE' Area 0.47 ACRE Shape IRREGULAR View RESIDENTIAUMARSH Specific Zonina Classification ARG -1 A Zoning Description SINGLE FAMILY RESIDENTIAL Zoning Compliance [RJ Legal 0 Legal Nonconforming (Grandfathered Use) 0 No Zoning 0 llleqal (describe) Is the highest and best use of the subject property as improved (or as proposed per plans and specifications) the present use? [XJYes UNo If No, describe. -------1 Utilities Public Other (describe) Public Other (describe) Off-site Improvements-Type Public Private Electricity [RJ 0 Water [Xj J Street PAVED [X:] 0 Gas [X] [ ] Sanitary Sewer [X] ] Alley NONE l J l J Site Comments NO ADVERSE EASEMENTS ENCROACHMENTS ASSESSMENTS WERE NOTED AT THE TIME OF INSPECTION. SITE SIZE AND FLOOD ZONE ARE SUBJECT TO A CURRENT SURVEY. THE SUBJECT PROPERTY IS LOCATED ON A TIDAL CREEK WITH A MARSH VIEW. GENERAL DESCRIPTION FOUNDATION EXTERIOR DESCRIPTION materials INTERIOR materials Units lX]One [ ]Onew/Acc.unit [] X]ConcreteSiab []crawlSpace FoundationWalls CONCRETE Floors WWC/PERG #ofStories ONE 0Fu11Basement 0Partia1Basement ExteriorWalls FRAME Walls DW Type [X]Det. [ ]Att. [ ]S-Det./EndUnit BasementArea sq.ft. RoofSurface ASPHALT Trim/Finish WD/PAINT [RJ Existing 0 Proposed 0 Under Canst. Basement Finish % Gutters & Downspouts NONE Bath Floor Tl LE Desiqn (Style) RANCH ]Outside Entry/Exit [ ] Sump Pump Window Type SH ALUM Bath Wainscot TILE Year Built 1988 Storm Sash/Insulated NONE Car Storage L J None Effective Age (Yrs) 15 Screens YES X] Driveway #of Cars 4 Attic J None Heatina lXJ FWA ll JHW ll J Radiant Amenities WoodStove(sl # Driveway Surface PAVED ll]DropStair ]Stairs ]Other !Fuel XFireplaces)#1 XFence ]Garage #ofCars 0 Floor [RJ Scuttle Coolinq [X] Central Air Conditioning X Patio/Deck DEC I< X Porch SCR/ENl 0 Carport #of Cars II ]Finished ]Heated ]Individual II ]Other Pool X Other SHEDS ]Att. I ]Det. l ]Built-in Appliances [XJ Refrigerator LX] Ranqe/Oven X] Dishwasher [X] Disposal [XJ Microwave [xJ Washer/Dryer [ J Other (describe) Finished area above arade contains: 7 Rooms 3 Bedrooms 2 Bath(s) 1 493 Square Feet of Gross Livinq Area Above Grade Additional Features CENTRAL HT/AC CEILING FANS FIREPLACE CORNER LOT THE SUBJECT PROPERTY IS LOCATED ON A TIDAL CREEK WITH A MARSH VIEW, DOCK HOWEVER UNSTABLE AND IN NEED OF REPAIR STORAGE SHED. entsonthelmprovements SUBJECT PROPERTY IS IN AVERAGE CONDITION WITH SOME DEFERRED MAINTENANCE NOTED STLY COSMETIC IN NATURE. AN EXTERIOR INSPECTION WAS ONLY DONE. SOME INFO WAS PROVIDED FROM A PRIOR APPRAISAL. Produced usmg ACI software, 800.234,8727 WV~W.aclweb.com Page 1 oF 4 This form Copynght <O 2005-2010 ACI DiVISion of ISO Cla1ms Servlces, Inc .. A!! Rights Reserved. (gPAR~) General Purpose App~~~~~~0ei~~o~l~~~1g II FEATURE SUBJECT 280 CAM ELlA ST Address ATLANTIC BEACH FL 32233 Proximity to Subject Sale Price $ UNKNOWN Sale Price/Gross Liv. Area $ 0.00 sq. ft. Data Source(s) PUB REC/INSPEC Verification Source(s) HO/MLSIWIN2 VALUE ADJUSTMENTS DESCRIPTION Sale or Financing N/A Concessions N/A Date of SalerTime UNKNOWN Location SUBURBAN Leasehold/Fee Simple Fee Simple Site 0.47 ACRES View RES/MARSH Desi~n (Style) RANCH Residential Appraisal Report COMPARABLE SALE NO. 1 COMPARABLE SALE NO. 2 2554 WEST END STREET 1454 COVE LANDING DR ATLANTIC BEACH FL 32233 ATLANTIC BEACH FL 32233 2.33 miles NW 1.53 miles NW $ 285,000 $ 163 000 $ 167.65 sq. ft. $ 108.96 sq. ft. MLS #707580/DOM 45 MLS #771333/DOM 60 WIN 2 DATA/PUB REC WIN 2 DATA/PUB REC DESCRIPTION +(.) $Adjustment DESCRIPTION +(·) $Adjustment CONVENTIONAL CONVENTIONAL NONE NOTED NONE NOTED 08/14/2014* 07/09/2015 SUBURBAN SUBURBAN Fee Simple Fee Simple 0.50 ACRES EQUAL 0.11 AC 90 000 RES/MARSH/SUI -40 000 RES/MARSH EQUAL RANCH RANCH AGENDA ITEM# 3C SEPTEMBER 14, 2015 LISTING REPORT File No. duvalatlanticbeachsfr COMPARABLE SALE NO.3 1454 COVE LANDING DR JACKSONVILLE FL 32233 1.53 miles NW $ 168 900 $ 135.55 sq. ft. MLS# 779743/DOM 34 WIN2DATA/PUB REC DESCRIPTION +(·) $ Ad'ustment CONVENTIONAL NONE NOTED 08/17/2015 SUBURBAN Fee Simple 0.33 AC 50000 RES/MARSH EQUAL RANCH • Quality of Construction AVG AVG AVG AVG • : Actual Age 27A/15E 38A/10E -4 000 23A/10E -4 000 22A/10E -4 000 . Condition AVG . GOOD -4 000 AVG AVG Above Grade Total I Bdrms.l Baths Total I Bdrms.l Baths Tatai.JBdrms.J Baths Total I Bdrms.l Baths • 7131 8131 7 I 4 I 6131 Room Count 2 2 2 2 : Gross LivinqArea25.00 1 493 sq. ft. 1,700 sq. ft. -5,175 1 496 sq. ft. 0 1,246 sq. ft. 6,175 . Basement & Finished NONE NONE NONE NONE • NONE NONE N/A N/A Rooms Below Grade Functional Utility ADEQUATE ADEQUATE ADEQUATE ADEQUATE • Heatinq/Coolinq CENT HT/AC CENT HT/AC CENT HT/AC CENT HT/AC Energy Efficient Items STANDARD STANDARD STANDARD STANDARD Garaqe/Carport 4 Car Driveway 2 Car Garaqe -5 000 2 Car Garaqe -5 000 2 Car Garaqe -5 000 Porch/Patio/Deck ENT/SCR POR 1300SQFTPATIC EQUAL ENT POR/DECK 3,800 SCR PORCOVP EQUAL FP 1 FP NONE 500 NONE 500 1 FP OTHER SHEDS DOCK!BULKHD -10 000 NONE 500 SHEDS Net Adjustment (Total) [ ]+ [XJ $ 67675 [X]+ [ J-$ 85 800 [X]+ [l-$ 47 175 Adjusted Sale Price Net Adj. -23.7% Net Adj. 52.6% Net Adj. 27.9% of Comparables Gross Adj. 24.1% $ 217 325 GrossAdj. 63.7% $ 248 800 GrossAdj. 38.6% $ 216 075 Summary of Sales Comparison Approach See Attached Addendum COSTAPPROACHTOVALUE Site Value Comments SITE VALUE BASED ON A PERCENTAGE OF THE DIFFERENCE IN TAX ASSESSED VALUES PROVIDED BY THE DUVAL COUNTY PROPERTY APPRAISERS OFFICE TIDAL CREEK ACCESS AT LOW AND HIGH TIDES, HISTORICAL DATA, AND EXCESS/UNDEVELOPABLE LAND ISSUES ESTIMATED [ ] REPRODUCTION OR [X] REPLACEMENT COST NEW OPINION OF SITE VALUE ........................................ ~ $ 123 000 Source of cost data Dwellin~ Sq. Ft.@$ ............ ~$ ~ Quality ratinq from cost service Effective date of cost data Sq. Ft.@$ ............ ~$ . . Comments on Cost Approach (qross livinq area calculations. depreciation. etc.) ~ DUE TO AGE OF HOME COST APPROACH NOT CONSIDERED Gara~e/Carport Sq. Ft.@$ ............ ~$ • Total Estimate of Cost-New . ........ "~ $ Less Physical I Function a I I External Depreciation I I ~ $ ( ) Depreciated Cost of Improvements ...................... .... "" ~ $ "As-is" Value of Site Improvements ................................ ~ $ 15 000 INDICATED VALUE BY COST APPROACH ...................... ~ $ 138 000 INCOME APPROACH TO VALUE Estimated Monthly Market Rent$ N/A X Gross Rent Multiplier N/A ~$ N/ A Indicated Value by Income Approach • Summary of Income Approach (including support for market rent and GRM) N/A Indicated Value by: Sales Comparison Approach $234 000 CostApproach(ifdeveloped)$ 138 000 Income Approach (if developed) $ N/ A See Attached Addendum • ~ ~ This appraisal is made [X) "as is," 0 subject to completion per plans and specifications on the basis of a hypothetical condition that the improvements have been completed, ~ 0 subject to the following repairs or alterations on the basis of a hypothetical condition that the repairs or alterations have been completed 0 subject to the following: • SUBJECT TO THE ATTACHED LIMITING CONDITIONS.THIS APPRAISAL WAS DONE TO HELP DETERMINE A SALES PRICE • AND IS NOT TO BE USED FOR ANY FEDERALLY FUNDED LOAN TRANSACTIONS. Based on the scope of work, assumptions, limiting conditions and appraiser's certification, my (our) opinion of the defined value of the real property that is the subject of this report is$ 234,000 .... as of 08/27/2015 Produced us1ng AC! software, 800.234.8727 wwvUICJWeb.com Page 2 of 4 River City Appraisal , which is the effective date of this appraisal. 0 This form Copynght 2005 2010 ACI DIVISion of ISO C!a1ms Serv1ces, Inc., Al! R1ghts Reserved. (gPAR"") General Purpose App~~~~~~o"./'.1~o~J~~~1g II FEATURE SUBJECT 280 CAM ELlA ST Address ATLANTIC BEACH FL 32233 ProximitY to Subject Sale Price $ UNKNOWN Sale Price/Gross Liv. Area $ 0.00 sq. ft. Data Source(s) PUB REC/INSPEC Verification Source(s) HO/MLS/WIN2 VALUE ADJUSTMENTS DESCRIPTION Sale or Financing N/A Concessions N/A Date of Sale/Time UNKNOWN Location SUBURBAN Leasehold/Fee Simple Fee Simple Site 0.47 ACRES View RES/MARSH Desiqn (Style) RANCH Quality of Construction AVG Actual Aqe 27A/15E Condition AVG Above Grade Total I Bdrms.l Baths Room Count 7131 2 Gross Livinq Area25.00 1,493 sq. ft. Basement & Finished NONE Rooms Below Grade NONE Functional Utility ADEQUATE Heatinq/Coolinq CENT HT/AC Energy Efficient Items STANDARD Garaqe/Carport 4 Car Driveway Porch/Patio/Deck ENT/SCR POR FP 1 FP OTHER SHEDS Net Adjustment (Total) ; Adjusted Sale Price • of Comparables . Residential Appraisal Report COMPARABLE SALE NO. 4 COMPARABLE SALE NO.5 1183 VIOLET ST ATLANTIC BEACH FL 32233 0.52 miles NE $ 145,000 $ $ 111.88 sq. ft. $ SQ. ft. EXP MLS#585214/ DOM UNK WIN2DATA/PUB REC DESCRIPTION +(·) $ Ad'ustment DESCRIPTION +(·) $ Ad'ustment QWD NONE NOTED 06/22/2015 SUBURBAN Fee Simple 0.24 AC 50 000 RESIDENTIAL 65 000 RANCH AVG 37A/8E -7 000 GOOD -6 000 Total I Bdrms.l Baths Total I Bdrms.J Baths 6 I 3 I 2 I I 1,296 sq. ft. 4,925 sq. ft. NONE NONE ADEQUATE CENT HT/AC STANDARD 1 CAR CARPOR" -2 000 SCR PORCH EQUAL NONE 500 NONE 500 [XJ+ lJ $ 105 925 [XJ+ L J. $ Net Adj. 73.1% Net Adj. 0.0% GrossAdj. 93.7% $ 250 925 GrossAdi. 0.0% $ 0 $ AGENDA ITEM# 3C SEPTEMBER 14, 2015 LISTING REPORT File No. duvalatlanticbeachsfr COMPARABLE SALE NO. 6 $ sq. ft. DESCRIPTION +(·) $ Ad'ustment Total I Bdrms.l Baths I I sq. ft. IXJ+ I J. $ 0 Net Adj. 0.0% 0 GrossAdi. 0.0% $ 0 : Summary of Sales Comparison Approach COMP 4 WAS USED TO SUPPORT FINAL VALUE OPINION. PLEASE SEE COMPS 1-3 FOR ADDITIONAL COMMENTS. ~ ;; . • - -Produced us1ng ACI software, 800.234,8727 www.ac1web.com Additional Com parables This form Copynght 10 2005·2010 ACI DIVISIOn of ISO Cla1ms Services, Inc., All R1ghts Reserved. (gPAR"') General Purpose Ap~~~~~~gfJ~o~~[~~1~ II Residential Appraisal Report Scope of Work, Assumptions and Limiting Conditions AGENDA ITEM# 3C SEPTEMBER 14, 2015 LISTING REPORT File No. duvalatlanticbeachsfr Scope of work is defined in the Uniform Standards of Professional Appraisal Practice as" the type and extent of research and analyses in an assignment." In short, scope of work is simply what the appraiser did and did not do during the course of the assignment. It includes, but is not limited to: the extent to which the property is identified and inspected, the type and extent of data researched, the type and extent of analyses applied to arrive at opinions or conclusions. The scope of this appraisal and ensuing discussion in this report are specific to the needs of the client, other identified intended users and to the intended use of the report. This report was prepared forthe sole and exclusive use of the client and other identified intended users for the identified intended use and its use by any other parties is prohibited. The appraiser is not responsible for unauthorized use of the report. The appraiser's certification appearing in this appraisal report is subject to the following conditions and to such other specific conditions as are set forth by the appraiser in the report. All extraordinary assumptions and hypothetical conditions are stated in the report and might have affected the assignment results. 1. The appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or title thereto, nor does the appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is appraised as though under responsible ownership. 2. Any sketch in this report may show approximate dimensions and is included only to assist the reader in visualizing the property. The appraiser has made no survey of the property. 3. The appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been previously made thereto. 4. Neither all, nor any part of the content of this report, copy or other media thereof (including conclusions as to the property value, the identity of the appraiser, professional designations. or the firm with which the appraiser is connected), shall be used for any purposes by anyone but the client and other intended users as identified in this report, nor shall it be conveyed by anyone to the public through advertising, public relations, news, sales, or other media, without the written consent of the appraiser. 5. The appraiser will not disclose the contents of this appraisal report unless required by applicable law or as specified in the Uniform Standards of Professional Appraisal Practice. 6. Information, estimates. and opinions furnished to the appraiser, and contained in the report, were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished to the appraiser is assumed by the appraiser. 7. The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures. which would render it more or less valuable. The appraiser assumes no responsibility for such conditions, or for engineering or testing, which might be required to discover such factors. This appraisal is not an environmental assessment of the property and should not be considered as such. 8. The appraiser specializes in the valuation of real property and is not a home inspector. building contractor. structural engineer, or similar expert, unless otherwise noted. The appraiser did not conduct the intensive type of field observations of the kind intended to seek and discover property defects. The viewing of the property and any improvements is for purposes of developing an opinion of the defined value of the property, given the intended use of this assignment. Statements regarding condition are based on surface observations only. The appraiser claims no special expertise regarding issues including, but not limited to: foundation settlement. basement moisture problems, wood destroying (or other) insects. pest infestation, radon gas, lead based paint, mold or environmental issues. Unless otherwise indicated, mechanical systems were not activated or tested. This appraisal report should not be used to disclose the condition of the property as it relates to the presence/absence of defects. The client is invited and encouraged to employ qualified experts to inspect and address areas of concern. If negative conditions are discovered, the opinion of value may be affected. Unless otherwise noted, the appraiser assumes the components that constitute the subject property improvement(s) are fundamentally sound and in working order. Any viewing of the property by the appraiser was limited to readily observable areas. Unless otherwise noted, attics and crawl space areas were not accessed. The appraiser did not move furniture, floor coverings or other items that may restrict the viewing of the property. 9. Appraisals involving hypothetical conditions related to completion of new construction. repairs or alteration are based on the assumption that such completion. alteration or repairs will be competently performed. 10. Unless the intended use of this appraisal specifically includes issues of property insurance coverage, this appraisal should not be used for such purposes. Reproduction or Replacement cost figures used in the cost approach are for valuation purposes only, given the intended use of the assignment. The Definition of Value used in this assignment is unlikely to be consistent with the definition of Insurable Value for property insurance coverage/use. 11. The ACJ General Purpose Appraisal Report (GPAR™) is not intended for use in transactions that require a Fannie Mae 1004/Freddie Mac 70 form, also known as the Uniform Residential Appraisal Report (URAR). Additional Comments Related To Scope Of Work, Assumptions and Limiting Conditions APPRAISER PAID $13 FOR THIS APPRAISAL ASSIGNMENT Produced usmg ACI software, 800.234.8727 WNW.ac1web.com Page 3 of 4 Th1s form Copynght © 2005-2010 ACl Dtv!SIOn of !SO Cla1ms Services, Inc., All R1ghts Reserved. (gPARm) General Purpose App~~~~~~oefJ~o~l~~~1g II Residential Appraisal Report Appraiser's Certification The appraiser(s) certifies that, to the best of the appraiser's knowledge and belief: 1. The statements of fact contained in this report are true and correct. AGENDA ITEM #3C SEPTEMBER 14, 2015 LISTING REPORT File No. duvalatlanticbeachsfr 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are the appraiser's personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. Unless otherwise stated, the appraiser has no present or prospective interest in the property that is the subject of this report and has no personal interest with respect to the parties involved. 4. The appraiser has no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. The appraiser's engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. The appraiser's compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. The appraiser's analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 8. Unless otherwise noted, the appraiser has made a personal inspection of the property that is the subject of this report. 9. Unless noted below, no one provided significant real property appraisal assistance to the appraiser signing this certification. Significant real property appraisal assistance provided by: Additional Certifications: Definition of Value: [X) Market Value 0 Other Value: Source of Definition: US PAP THISAPPRAIS~A~L~I7S~S~U~B~JE~C~T~TO~T~H=E-A=T=T~A-C-H=E=D~L~IM~I=T~IN~G~C=o~N=D~IT~IO~N~S~.---------------------------------- ADDRESS OF THE PROPERTY APPRAISED: 280 CAM ELlA ST ATLANTIC BEACH, FL 32223 EFFECTIVE DATE OF THE APPRAISAL: ..:::0..::;8/c=2:..:..7.:..:/2:..:0:....:1-=5 ________ _ APPRAISED VALUE OF THE SUBJECT PROPERTY$ =2c::c34...!J..::0...:::0...:::0 _____ __ Expiration Date of Certification or License: ...:1c...:1c:../..:::3..:::0:..::/2::c0=-1..:.6..:::_ ________ _ Date of Signature and Report: ..:::0...:::9,_,/0"-1'-'-/=2..:::.0_:_15::::..._ __________ __ Date of Property Viewing: .:::0-=8.:..:/2::..:7.:../=2..:::0..:.15::::__ __________ _ Degree of property viewing: 0 Interior and Exterior [X) Exterior Only 0 Did not personally view SUPERVISORY APPRAISER Signature: Name: State Certification # or License# State: Expiration Date of Certification or License: Date of Signature: Date of Property Viewing: Degree of property viewing: 0 Interior and Exterior 0 Exterior Only 0 Did not personally view =---~"'' Produced using ACI software, 800.234.8727 www.aciweb.com Page 4 of 4 This form Copyright© 2005-2010 ACI Division of ISO Claims Services, Inc., AU Rights Reserved I lllr-tl• (gPARN) General Purpose Appc\~~~~~~J:_~~o~l~1~1o River City Appraisal II Client: CITY OF ATLANTIC BEACH Property Address: 280 CAM ELlA ST City: ATLANTIC BEACH Legal Description 18-34 38-2S-29E .492 ADDENDUM State: FL ATLANTIC BEACH SEC H LOTS 1, 2 BLK 100 & LOT 1, N 20FT LOT 2 BLK 99 Neighborhood Boundaries AGENDA ITEM #3C SEPTEMBER 14,2015 File No.: duvalatlanticbeachsfr Case No.: LISTING REPORT Zip: 32223 SUBJECT PROPERTY IS BORDERED BY MAYPORT RD TO THE EAST, LEVY RD TO THE NORTH, KESTNER CREEK TO THE WEST AND ATLANTIC BLVD TO THE SOUTH. SUBJECT NEIGHBORHOOD IS RESIDENTIAL IN NATURE. Comments on Sales Comparison ALL COMPS WERE LOCATED IN SAME MARKET AREA AS THE SUBJECT PROPERTY AND HAVE SIMILAR ACCESS TO PUBLIC AND PRIVATE FACILITIES. ADJUSTMENTS WERE MADE FOR DIFFERENCES IN SQUARE FOOTAGE, SITE SIZE, VIEW, CREEK ACCESS, CONDITION, AGE AND AMENITIES. SITE/VIEW/MARSH/CREEK ADJUSTMENTS WERE BASED ON A PERCENTAGE OF THE DIFFERENCE IN TAX ASSESSED VALUES PROVIDED BY THE DUVAL COUNTY PROPERTY APPRAISERS OFFICE, HISTORICAL DATA, 2' TO 6' NAVGABLE TIDAL CREEK AT LOW TIDE FOR COMP 1, SUBJECTS SUPERIOR LOT SIZE AND EXCESS/UNDEVELOPABLE LAND ISSUES. COMPS 1, 2, 3 & 4 CONDITION AND AGE ADJUSTMENTS WERE BASED ON RECENT RENOVATIONS, UPGRADES AND SQ FT OF HOMES ACCORDING TO THE MUTIPLE LISTING SERVICES. SUBJECT PROPERTY HAS HAD NO RECENT UPGRADES. ADJUSTMENTS EXCEEDED NORMAL GUIDELINES DUE TO THE SUBJECTS SUPERIOR LOT SIZE, MARSH FRONT WITH NAVIGABLE TIDAL CREEK AT HIGH TIDE. COMP 1 SOLD DATE OUTSIDE 1 YEAR HOWEVER USED DUE TO PROXIMITY TO THE SUBJECT, LACK OF OTHER QUALIFIED SALES OF HOMES WITH TIDAL CREEK ACCESSS SIMILAR TO THE SUBJECT. ALL COMPS WERE CONSIDERED IN FINAL VALUEOPINION. Final Reconciliation APPRAISER WAS ASKED BY CLIENTY TO INCLUDE AN OPINION OF VACANT LAND VALUE ONLY. THERE WAS A LIMITED AMOUNT OF QUALIFIED VACANT LAND SALES IN THE SUBJECTS MARKET AREA. ONLY THREE COULD BE FOUND FOR THIS REPORT AND ARE AS FOLLOWS. MLS #697383/DOM 5 SOLD 02/11/2014 FOR $40,000/$3.99 SQ FT, MLS # 697383/DOM 269 SOLD 01/29/2015 FOR $32,500/$6.78 SQ FT AND MLS #747434/DOM 165 SOLD 05/21/2015 FOR $78,000/$5.43 SQ FT AND WAS LOCATED ON A TIDAL CREEK WIH INTRACOASTAL VIEWS. THE LAND VALUE PRICE PER SQ FT BY THE COUNTY IS $3.52, $5.22 SQ FT AND $2.93 SQ FT RESPECTIVILY. FOR PURPOSES OF THIS REPORT THE APPRAISER HAS USED A COMBINATION OF THE COMPARABLE SALES PRICE, AND COUNTY ASSESSED VALUES.WITH MOST WEIGHT GIVEN TO MLS #747434 DUE TO SIMILARITIES TO THE SUBJECT PROPERTY. FINAL VACANT LAND VALUE DETERMINATION IS $123,000. ALL COMPS WERE CONSIDERED FOR THE SALES COMPARISON APPROACH IN DETERMINING THE HOME AND LAND FINAL VALUE AND ALL SALES OF VACANT LAND AND ASSESSED VALUES FROM THE COUNTY WERE CONSIDERED FOR THE VACANT LAND VALUE DETERMINATION. ***THIS APPRAISAL HAS BEEN CHANGED FROM ITS ORIGINAL REPORT. DURING THE INITIAL EXTERIOR INSPECTION THE TIDAL CREEK WAS AT LOW TIDE AND NO TRACE OF NAVIGABLE WATER COULD BE SEEN THERFORE MIN MAL ADJUSTMENTS WERE MADE FOR SUBJECTS MARSH ONLY VIEW. IT WAS LATER BROUGHT TO THE APPRAISERS ATTENTION THAT THE SUBJCET DOES HAVE NAVIGABLE WATER ACCESS AT HIGH TIDE. THIS NEW INFORMATION HAS CAUSED THE APPRAISER TO RECONSIDER THE SUBJECTS ORIGINAL VALUE DETERMINATION AND SITE AND VIEW ADJUSTMENTS. Addendum Page 1 of 1 I I SUBJECT PROPERTY PHOTO ADDENDUM Client: CITY OF ATLANTIC BEACH Pro perty Address: 280 CAM ELlA ST Cit : ATLAN TIC BEACH State: FL AGENDA ITEM #3C SEPTEMBER 14,2015 File No.: duvalatl anticbeachsfr Case No.: LISTING REPORT Zi : 32223 FRONT VIEW OF SUBJECT PROPERTY App raise d Date: August 27, 20 15 Appraised Value: S 234 ,000 REAR VIEW OF SUBJECT PROPERTY STREET SCENE I ~ Client: CITY OF ATLANTIC BEACH Property Address: 280 CAM ELlA ST Cit: ATLANTIC BEACH AGENDA ITEM #3C SEPTEMBER 14, 2015 COMPARABLE PROPERTY PHOTO ADDENDUM State: FL Fi le No.: duvalatlanticbeachsfr Case No.: LIST ING REPORT Zi : 32223 COMPARABLE SALE #1 2554 WEST END STREET ATLANTIC BEACH ,FL 32233 Sale Date : 08/14/2014* Sale Price: $ 285,000 COMPARABLE SALE #2 1454 COVE LANDING DR ATLANTIC BEACH ,FL 32233 Sa le Date : 07/09/20 15 Sale Price:$ 163,000 COMPARABLE SALE #3 1454 COVE LANDING DR JACKSONVILLE,FL 32233 Sale Date: 08/17/2015 Sale Price: $ 168,900 I ~ Client: CITY OF ATLANTIC BEACH Property Address: 280 CAM ELlA ST Cit :ATLANTI C BEACH COMPARABLEPROPERTYPHOTOADDENDUM AGENDA ITEM #3C SEPTEMBER 14, 2015 State: FL File No.: duvalatlanticbeachsfr Case No.: LISTING REPORT Zi : 32223 COMPARABLE SALE #4 1 183 VIOLET ST ATLANTIC BEACH ,FL 32233 Sa le Date: 06/22/2015 Sale Price : $ 145,000 COMPARABLE SALE #5 00 GLADIOLA ST ATLANNTIC BEACH, FLORIDA 32233 Sa le Date: 05/21/2015 Sale Price:$ 78,000 COMPARABLE SALE #6 Sa le Date: Sa le Price: $ I ~ Client: C ITY OF ATLANTIC BEACH Property Ad dress: 280 CAM ELlA ST Ci : ATLANTIC BEACH State : FL AGENDA ITEM # 3C SEPTEMBER 14,2015 File No.: duva latlanticbeachsfr Case No.: LISTING REPORT Zi :32223 SHEDS SIDE YARD WSW MH ADDITIONAL SUBJECT VIEWS PHnOSl12013 I ~ Client: CITY OF ATLANTIC BEACH Prop erty Address: 280 CAM ELlA ST Cit: ATLANTIC BEACH State: FL AGENDA ITEM # 3C SEPTEMBER 14, 2015 Fi le No .: duvalatlanticbeachsfr Case No.: LISTING REPO RT Zi : 32223 MARSH VIEW DOC K/CREEK VIEW/LOW TIDE ADDITIONAL DOCK/CREEK VIEW PHOOS212013 1r Client: CITY OF ATLANTIC BEACH Property Address: 280 CAM ELlA ST Cit : ATLANTIC BEACH State: FL AGENDA ITEM# 3C SEPTEMBER 14,201 5 File No .: duvalatlanticbeachsfr Case No.: LISTING REPORT Zi : 32223 LOW TIDE/DRAINAGE PIPE ADD ITIONAL PICT URE AT LOW TIDE PHOOil12013 " FLOORPLAN SKETCH Client: CITY OF ATLANTIC BEACH Property Address: 280 CAM ELlA ST Cit: ATLANTIC BEACH State: FL 2' ... ""' 47 BAS -E' 20 r-4- 4 4 18 I 4 I AGENDA ITEM #3C SEPTEMBER 14,2015 File No.: duvalatlanticbeachsfr Case No.: LISTING REPORT Zi : 32223 .,.-. .:_._, i' I ADT 24 1:~ I ~ AGENDA ITEM #3C SEPTEMBER 14, 2015 LOCATION MAP Client: C ITY OF ATLANTIC BEACH Property Address : 280 CAM ELlA ST Cit :ATLANTIC BEACH ..a J()e3~~ 4 ~b"Ss,SI\'d ~ ..., / \. -~ t --• ' ' ' .. ... I \ -::t: ·o ,g- " ,, c: < Q. ~ ,. ' ) \ ~ ? ~ ~ iS .. .,. ~ Qui ncy B;;y 0< ~ ' .,. ~_.(;,(,;21~ Comparable Sale 1 2554 WEST END STREET ATLANTIC BEACH,FL 32233 2.33 miles rffl )' , .I 1lo1 .. q ... y t • .... r I l OlA I , _. -- Fil e No.: duvalat lanticbeachsfr Case No.: LISTING REPORT St ate: FL Zi : 32223 • Mayport fllava l Station Moale i'.ve - Kathryn ·Abbey '* Hanna Park - Comparable Sale 2 @) 1454 COVE LANDING DR ATLANTIC BEACH,FL 32233 1.53 miles rm 701h Sl . Ill ~ .. ~ ~ ~ Comparable Sale 4 >? 1183 VIOLET ST ATLANTIC BEACH,FL 32233 ----~·5 2 miles NE P l ~lil --------" • Neptune Beach Jacksonv ille ·Be ach . .., e ... !! ~ "' r·Jlap d3ta ®2 015 Google II ********* INVOICE********* File Number: duvalatlanticbeachsfr CITY OF ATLANTIC BEACH Invoice#: DUVALATLANTICBEACHSFR Order Date: 8/21/2015 Reference/Case#: LISTING REPORT PO Number: 280 CAM ELlA ST ATLANTIC BEACH, FL 32223 GPARNACANT LAND Invoice Total State Sales Tax@ Deposit Deposit Amount Due Terms: PAYABLE UPON RECEIPT Please Make Check Payable To: HILL ROBERTSON 5330 DELLA ROBBIA WAY JACKSONVILLE, FL 32210 Fed. 1.0. #: 256256241 $ $ $ $ ($ ($ $ AGENDA ITEM# 3C SEPTEMBER 14, 2015 LISTING REPORT File No. duvalatlanticbeachsfr 400.00 400.00 0.00 400.00 ) ) Petition-Marsh Oaks Community for Bennett's Landing Cause of Petition: AGENDA ITEM #3C SEPTEMBER 14, 2015 Local conservationists have begun an initiative to gain support from the City of Atlantic Beach and local donors for the conservation acquisition of a marsh front property (Bennett's Landing) that sits directly adjacent to Tideviews Preserve at 280 Camelia Street. This property will not only provide a new entrance to Tideviews Preserve for local citizens but it will also create a unique new pocket park in the Marsh Oaks neighborhood. Details of Lead Petitioner Name: John November Address: 647 Beach Avenue, Atlantic Beach Fl32233. Mobile: 904-525-3042 E-mail: john.nov@gmail.com We, the undersigned, request that the City of Atlantic Beach Commission: Include the public acquisition of Bennett's Landing in the 2014-2015 City of Atlantic Beach Budget to create a new entrance to Tideviews Preserve that will also result in a special new pocket park in the Marsh Oaks neighborhood. Signatures of Petitioners ~-z_1Z MA-' o sc q[J 'i 2 'i , -z Zt6 ;fln 1..- ~bt---t+r;q-~qqqq 1-ect M~ljiV 6f SAVE Bennett's Landing NOW! AGENDA ITEM# J C SEPTE MB E R 14,20 15 Petition by Maureen S haughnessy Found At: https://petiti ons .moveon.org/sign/save- ben netts-land ing.f b27?source=c.fb&r by=2519090 To be delivered to City of Atla nti c Beach Mayor and Commissioners WE the undersigned support and request the City of Atlantic Beach to acquire 280 Camelia Street, a marsh front property for the purpose of conservation and to continue the acq ui sition of remaining undeveloped marsh lands in Atlantic Beach . rhere are currently 164 sign a1 11res . NEW goCII We 11eed ?-00 signa tu res! PETITION BACKGROUND Local conse rvationi sts have begun an initi ative to gain support from the City of Atlantic Beach and the community for the conservation acquisition of a marsh front property (Bennett's Landing) that sits directly adjacent to Tideviews Preserve at 280 Camelia Street. This property will not only provide a new entrance to Tideviews Preserve for local citi z ens but it will a l so create a unique new pocket park in the Marsh Oaks ne ighborhood. CURRENT PETITION SI GNERS • 164. sylita parker from Atlantic Beach, FL signed this petition on Aug 17, 2015. • 163. Jacquelyn Mills from neptune beach, FL s ig ned this petition on Oct 10,2014. • 162. diane dya l from Atlantic Beach, FL signed this petition on Oct 9 , 2014 . • 161. Kody Hanavan from Atlantic beach, FL signed this petition on Sep 10, 2014. • 160. Blythe Waters from Atlantic Beach, FL signed this petition on Sep 10,2014. • 159. Terri Permenter from Atlantic Beach , FL signed this petition on Aug 30, 2014 . AGENDA ITEM# 3C SEPTEMBER 14, 2015 • 158. Sally Offen from Atlantic Beach, FL signed this petition on Aug 14, 2014. • 157. diane dyal from Atlantic Beach, FL signed this petition on Aug 14, 2014. • 156. Leah from JAX, FL signed this petition on Aug 14, 2014. • 155. Catherine Waugh from Atlantic Beach, FL signed this petition on Aug 13, 2014. • 154. Diane Harnisch from Atlantic Beach, FL signed this petition on Aug 13, 2014. • 153. RUTH cLEMENS from Atlantic Beach, FL signed this petition on Aug 13, 2014. • 152. Erin Wight from Atlantic Beach, FL signed this petition on Aug 13,2014. • 151. Jeff wight from Atlantic beach, FL signed this petition on Aug 13, 2014. • 150. Diana Townsend from Atlantic Beach, FL signed this petition on Aug 13, 2014. e 149. Cornelia Kolster from Atlantic Beach, FL signed this petition on Aug 13, 2014. • 148. David Jeffery from Atlantic Beach, FL signed this petition on Aug 13, 2014. .. 147. Lou Keith from Atlantic Beach, FL signed this petition on Aug 13, 2014. • 146. Janice waters from Atlantic Beach, FL signed this petition on Aug 13, 2014. • 145. Charles watson from Atlantic Beach, FL signed this petition on Aug 13, 2014. • 144. Jane Wytzka from Atlantic Beach, FL signed this petition on Aug 13, 2014. • 143. Pat craft from Atlantic beach, FL signed this petition on Aug 13, 2014. AGENDA ITEM# 3C SEPTEMBER 14, 2015 • 142. Chelly Schembera from Florida, FL signed this petition on Aug 13, 2014. • 141. Ethan Milton from JAX, FL signed this petition on Aug 11, 2014. • 140. Ray Coleman from Atlantic Beach, FL signed this petition on Aug 11, 2014. • 139. Anne corp from Mayport, FL signed this petition on Aug 9, 2014. • 138. stephen touraker from atlantic beach, FL signed this petition on Aug 9, 2014. • 137. Barbara Jackson from Neptune Beach, FL signed this petition on Aug 8, 2014. • 136. Felicia Boyd from Jacksonville Beach, FL signed this petition on Aug 8, 2014. • 135. Alexandra Orr from Atlantic beach, FL signed this petition on Aug 8, 2014. • 134. emily from Neptune Beach, FL signed this petition on Aug 7, 2014. • 133. Dianne Dexter DeButy from Atlantic Beach, FL signed this petition on Aug 7, 2014. • 132. colliers summers from atlantic beach, FL signed this petition on Aug 7, 2014. • 131. Nina from Jacksonville Beach, FL signed this petition on Aug 7, 2014. • 130. Lynn Hartley from jacksonville, FL signed this petition on Aug 7, 2014. • 129. Victoria Hartley Saliba from Ocala, FL signed this petition on Aug 7, 2014. AGENDA ITEM# 3C SEPTEMBER 14, 2015 • 128. Heather Sheppard from Atlantic Beach, FL signed this petition on Aug 7, 2014. • 127. Kelly Hartley from Switzerland, FL signed this petition on Aug 7, 2014. • 126. Woody winfree from Atlantic beach, FL signed this petition on Aug 7, 2014. • 125. katherine davidson from Atlantic Beach, FL signed this petition on Aug 7, 2014. • 124. Bobbie Jo Hunter from Atlantic Beach, FL signed this petition on Aug 7, 2014. • 123. Dana carpenter from Atlantic Beach, FL signed this petition on Aug 7, 2014. .. 122. Juanita Deloach from Atlantic beach, FL signed this petition on Aug 7, 2014. • 121. Suzanne Shaughnessy from Atlantic Beach, FL signed this petition on Aug 6, 2014. • 120. Robert L Sain MD from Ann Arbor, Ml signed this petition on Aug 6, 2014. • 119. Kathleen Halperin from Atlantic Beach, FL signed this petition on Aug 6, 2014. • 118. Brandi Cooper from Mayport, FL signed this petition on Apr 16, 2013. • 117. Judith Jacobson from Atlantic Beach, FL signed this petition on Apr 9, 2013. • 116. diane dyal from Atlantic beach, FL signed this petition on Apr 8, 2013. AGENDA ITEM # 3C SEPTEMBER 14, 2015 • 115. Janis R Ezack from Jacksonville, FL signed this petition on Apr 8, 2013. • 114. David Young from Jacksonville, FL signed this petition on Apr 7, 2013. • 113. tanya smith from neptune beach, FL signed this petition on Apr 6, 2013. • 112. tanya wisniewski from neptune beach, FL signed this petition on Apr 6, 2013. • 111. Glennis Smith from Jacksonville, FL signed this petition on Apr 6, 2013. • 110. Debra c. McGuire from Jacksonville, FL signed this petition on Apr 6, 2013. • 109. Mary Auguste from Mayport, FL signed this petition on Apr 5, 2013. • 108. Fatima Zaky from Jacksonville, FL signed this petition on Apr 5, 2013. .. 107. Anna Pena from Jacksonville, FL signed this petition on Apr 5, 2013. • 106. YVONNE TODD from JACKSONVILLE, FL signed this petition on Apr5,2013 • 104. Lisa Clarson from JAX, FL signed this petition on Apr 5, 2013. • 103. Holden Harris from Atlantic Beach, FL signed this petition on Apr 5, 2013. • 102. Ross Bratlee from Jacksonville, FL signed this petition on Apr 5, 2013. AGENDA ITEM# 3C SEPTEMBER 14, 2015 • 101. tPhil L Jensen from Jacksonvilee, FL signed this petition on Apr 5, 2013. " 100. Patricia L. PArker from Jacksonville Beach, FL signed this petition on Apr 5, 2013. • 99. Richard Cardell from Jacksonville, FL signed this petition on Apr 5, 2013. • 98. James terrell from Jacksonville, FL signed this petition on Apr 4, 2013. • 97. Tanya from Jacksonville, FL signed this petition on Apr 4, 2013. • 96. Felicity Hohenshelt from Jacksonville, FL signed this petition on Apr 4, 2013. • 95. Karen Johnson-Akers from Jacksonville, FL signed this petition on Apr 4, 2013. • 94. Chestena Bartley from JAX, FL signed this petition on Apr 4, 2013. .. 93. Josh Avery from Jacksonville, FL signed this petition on Apr 4, 2013. .. 92. Charlene Lynch from Jacksonville, FL signed this petition on Apr 4, 2013. • 91. Ann Chinn from Jacksonville, FL signed this petition on Apr 4, 2013. • 90. Amen E. ldumwonyi from Jacksonville, FL signed this petition on Apr 4, 2013. .. 89. sandra s. Clark from Jacksonvillle, FL signed this petition on Apr 4, 2013. • 88. James Green from Jacksonville, FL signed this petition on Apr 4, 2013. • 87. Shaddiff from Jacksonville, FL signed this petition on Apr 4, 2013. • 86. Andrew Dickson from Jacksonville, FL signed this petition on Apr 4, 2013. • 85. Janice H. Snyder from Atlantic Beach, FL signed this petition on Apr 4, 2013. .. 84. David Grabove from Neptune Beach, FL signed this petition on Apr 4, 2013. • 83. Clyde summerell from Jacksonville, FL signed this petition on Apr 4, 2013. AGENDA ITEM# 3C SEPTEMBER 14, 2015 • 82. Ryan Moody from Jacksonville, FL signed this petition on Apr 4, 2013. • 81. Judy Woolsey from JAX, FL signed this petition on Apr 4, 2013. • 80. john byrd from Atlantic Beach, FL signed this petition on Apr 4, 2013. • 79. ramak safi from jacksonville, FL signed this petition on Apr 4, 2013. • 78. L steven Hall from Jacksonville, FL signed this petition on Apr 4, 2013. • 77. Lucy T Lynch from Neptune Beach, FL signed this petition on Apr 4, 2013. • 76. Mel Cox from Atlantic Beach, FL signed this petition on Apr 4, 2013. • 75. Dr. Adam Chaifetz from Jacksonville, FL signed this petition on Apr 4, 2013. • 84. David Grabove from Neptune Beach, FL signed this petition on Apr 4, 2013. • 83. Clyde summerell from Jacksonville, FL signed this petition on Apr 4, 2013. • 82. Ryan Moody from Jacksonville, FL signed this petition on Apr 4, 2013. • 81. Judy Woolsey from JAX, FL signed this petition on Apr 4, 2013. • 80. john byrd from Atlantic Beach, FL signed this petition on Apr 4, 2013. • 79. ramak safi from jacksonville, FL signed this petition on Apr 4, 2013. • 78. L steven Hall from Jacksonville, FL signed this petition on Apr 4, 2013. • 77. Lucy T Lynch from Neptune Beach, FL signed this petition on Apr 4, 2013. • 76. Mel Cox from Atlantic Beach, FL signed this petition on Apr 4, 2013. • 75. Dr. Adam Chaifetz from Jacksonville, FL signed this petition on Apr 4, 2013. • 7 4. larry redd from jacksonville, FL signed this petition on Apr 4, 2013. AGENDA ITEM# 3C SEPTEMBER 14, 2015 .. 73. Leigh Burdett from Jacksonville, FL signed this petition on Apr 4, 2013. • 72. Jennifer keys from Atlantic beach, FL signed this petition on Apr 3, 2013. • 71. Bobby Spahn from Atlantic beach, FL signed this petition on Apr 2, 2013. • 70. Khristinia Olson from Atlantic Beach, FL signed this petition on Apr 1, 2013. • 69. wade pritchett from atlantic beach, FL signed this petition on Apr 1,2013. • 68. kristi pritchett from atlantic beach, FL signed this petition on Apr 1, 2013. • 67. Byron McWhirter from Atlantic Beach, FL signed this petition on Apr 1, 2013. • 66. Joseph Vieira from Atlantic Beach, FL signed this petition on Apr 1,2013. • 65. Michelle Vieira from Atlantic Beach, FL signed this petition on Apr 1, 2013. • 64. Marcy McWhirter from Atlantic Beach, FL signed this petition on Apr 1, 2013. • 63. Kim Greene from Atlantic Beach, FL signed this petition on Apr 1, 2013. • 62. Paula Nichols from Atlantic Beach, FL signed this petition on Apr 1, 2013. • 61. Diane Loftus from Atlantic Beach, FL signed this petition on Mar 31, 2013. • 60. Margo Noel from Atlantic Beach, FL signed this petition on Mar 31, 2013. AGENDA ITEM# 3C SEPTEMBER 14, 2015 • 59. Michael Kirkpatrick from JAX, FL signed this petition on Mar 31, 2013. • 58. jeff montanye from atlantic beach, FL signed this petition on Mar 31, 2013. • 57. Ed Rukab from Jacksonville, FL signed this petition on Mar 30, 2013. • 56. Daniel Robinson from Mayport, FL signed this petition on Mar 30, 2013. • 55. Nathaniel Soergel from Tallahassee, FL signed this petition on Mar 29, 2013. • 54. Adelaide Gorey-Disch from Atlantic Beach, FL signed this petition on Mar 29, 2013. • 53. mitch henson from jacksonville, FL signed this petition on Mar 29, 2013. • 52. Shawn from Jacksonville, FL signed this petition on Mar 29, 2013. • 51. Janette Kosut from Atlantic Beach, FL signed this petition on Mar 29, 2013. • 50. Peggy A Nolan from Atlantic Beach, FL signed this petition on Mar 28, 2013. • 49. RAINER ROSARIUS from ATLANTIC BEACH, FL signed this petition on Mar 28, 2013. • 48. Mary Ellen Waugh from Atlantic Beach, FL signed this petition on Mar 28, 2013. • 47. james steele from atlantic beach, FL signed this petition on Mar 28, 2013. • 46. Linda Allan from Atlantic Beach, FL signed this petition on Mar 28, 2013. • 45. Lyn Reuter from Mayport, FL signed this petition on Mar 28, 2013. • 44. Charles carroll from Atlantic Beach, FL signed this petition on Mar 28, 2013. AGENDA ITEM # 3C SEPTEMBER 14, 2015 • 43. Christie Taylor from Jax Beach, FL signed this petition on Mar 28, 2013. • 42. Patricia Goelz from Atlantic Beach, FL signed this petition on Mar 28, 2013. • 41. Laurel Parrish from Atlantic Beach, FL signed this petition on Mar 28, 2013. • 40. Richard 1 simmons from Atlantic beach, FL signed this petition on Mar 28, 2013. • 39. elizabeth huebert from Atlantic Beach, FL signed this petition on Mar 28, 2013. • 38. Genevieve Deloach from Atlantic beach, FL signed this petition on Mar 28, 2013. • 37. Jon Davis from Seattle, WA signed this petition on Mar 28, 2013. • 36. carol from Fresno, CA signed this petition on Mar 28, 2013. • 35. Claudia L Naugle from Atlantic Beach, FL signed this petition on Mar 28, 2013. • 34. Susan Dalcero from Atlantic Beach, FL signed this petition on Mar 28, 2013. .. 33. Molly Blasko from Neptune Beach, FL signed this petition on Mar 28, 2013. • 32. Kevin Sharpe from JAX Beach, FL signed this petition on Mar 28, 2013. .. 31. Garry Dodds from big bear city, CA signed this petition on Mar 28, 2013. • 30. Brian Nelson from Atlantic Beach, FL signed this petition on Mar 28, 2013. • 29. Angela marini from JAX, FL signed this petition on Mar 28, 2013. .. 28. Nancy stone from Mayport, FL signed this petition on Mar 28, 2013. • 27. Annie Rodriguez from Atlantic Beach, FL signed this petition on Mar 28, 2013. .. 26. Thomas Alexander Henderson from Jax Beach, FL signed this petition on Mar 28, 2013. AGENDA ITEM# 3C SEPTEMBER 14, 2015 • 25. Christopher casey from Atlantic Beach, FL signed this petition on Mar 28, 2013. • 24. Megan gaston from JAX, FL signed this petition on Mar 28, 2013. • 23. Amber Grady from Jacksonville, FL signed this petition on Mar 28, 2013. .. 22. Mariah from Jacksonville, FL signed this petition on Mar 28, 2013. • 21. Maureen Porcelli from North Miami, FL signed this petition on Mar 28, 2013. • 20. Brian Bush from NEPTUNE BEACH, FL signed this petition on Mar 28, 2013. .. 19. susan Perry from Atlantic Beach, FL signed this petition on Mar 28, 2013. • 18. Debra w. Tomaski from Atlantic Beach, FL signed this petition on Mar 28, 2013. .. 17. Julia Hite from Atlantic Beach, FL signed this petition on Mar 28, 2013. • 16. Mary Emerson-Smith from Atlantic Beach, FL signed this petition on Mar 28, 2013. • 15. Tressa Bocskey from Atlantic Beach Fl, FL signed this petition on Mar 28, 2013. .. 13. Norm Wilderotter from Atlantic Beach, FL signed this petition on Mar 28, 2013. .. 12. Louise carpenter from Atlantic Beach, FL signed this petition on Mar 28, 2013. • 11. Toni Mace from Atlantic Beach, FL signed this petition on Mar 28, 2013. • 10. Walker Parrish from Chicago, IL signed this petition on Mar 27, 2013. .. 9. Henry Goelz from Atlantic Beach, FL signed this petition on Mar 27, 2013. AGENDA ITEM # 3C SEPTEMBER 14, 2015 • 8. brittany norris from Atlantic Beach, FL signed this petition on Mar 27, 2013. • 7. JOHN HENRY NOVEMBER from Atlantic Beach, Fl signed this petition on Mar 27, 2013. • 6. Meredith Gorey-Disch from Atlantic Beach, FL signed this petition on Mar 27, 2013. • 5. Genevieve from Jacksonville, FL signed this petition on Mar 27, 2013 . • • 4. Gene scott from Atlantic Beach, FL signed this petition on Mar 27, 2013. • 3. Dawn scott from Atlantic Beach, FL signed this petition on Mar 27, 2013. • 2. Cindy corey from Jacksonville, FL signed this petition on Mar 27, 2013. • 1. Maureen Shaughnessy from Atlantic Beach, FL signed this petition on Mar 27, 2013. Project Name Project No. Reclaimed Water Facility PU0805 lnline Valve Installation PU1404 PU1408 & Effluent Outfall Replacement PU1504 Connect Water Main across AlA to Mallard Cove PU1410 Update Water Models PU1502 Well Logging PU1501 Replace Water Main on Seminole Rd. From Atlantic Blvd. to S-Way PU1503 Lining of wetwell at Mimosa Cove lift station PU1505 Lining of wetwell at Fairway Villas lift station PU1506 Clean & Televise Gravity Outfall to ICW PU1507 Fence/Wall at WWTP PU1508 Replace irrigation system with reuse system at WWTP PU1509 Russell Tennis Courts 1&2 PM1401 Russell Park Renovation PM1501 Bull Park Playset PM1504 Dutton Island Road Improvements PM1505 Marsh Multipurpose Path PW1408 Marsh Overlook & Kayak Launch PW1409 Roberts Street Ditch PW1404 PW1406 & Saltair drainage/Strudivant sidewalk PW1411 PW1407 Seminole Streetscape PW 1412 Bike Racks & Shower@ Beach accesses PW1501 Francis Avenue Drainage Improvements PW1502 Begonia Street W6th to W9th PW1503 City Hall Parking Light Improvement PW1504 City of Atlantic Beach Major Public Works Projects FY14/15 -Status 8/28/15 FYlS Budget Project Activity Utilities $135,399 Project complete $36,515 Complete Design complete. DEP & ACOE permits received. Awaiting permit from Coast Guard $331,625 -Work joint for 3 Beach Cities $126,662 Project complete $30,000 Consultant putting system into model Project delayed. Will complete modeling $30,000 project first Design underway-part of Seminole Road $700,000 Streetscape project $19,505 Complete $20,341 Complete $15,218 75% Complete $80,000 Bids received on 7/15 were over budget. $20,000 Performing with City forces. Parks Projects $98,136 Complete Swale savings allowed the following in this year budget. 1. Fencing awarded 7/13. Wooden fence near completion. Backstops after Baseball season. 2. Multipurpose trail bids awarded 7/27 3. Concession stand concrete replacement $250,000 awarded 7/27. Concrete removed. $75,000 Complete $25,000 Will not need. $97,220 80% complete-permitting underway Construction started 7/6. Completion $300,000 scheduled 9/18. Public Works Projects $14,213 Construction completed by DOT Construction started 4/20. Completion scheduled 10/16. 8-24-Commission $382,700 deleted work on David & Sylvan $966,660 Design 95% complete $20,000 Complete $91,386 Complete-Final Inspection 7/22 $30,000 Design complete. $10,000 PO issued. Construcion pending Notes AGENDA ITEM# 4A SEPTEMBER 14, 2015 PU1408-Design/Permitting, PU1504-Construction Final inspection 6/17 In FY 15/16 Budget Design 95% complete Researching 75% complete Drainage swales complete by City forces saving approx $250K. Combined with F115/16 project Design only FY 14/15 50% FIND Funding Funded for design only Sturdivant sidewalk, Magnolia & Poinsettia swales substantially complete Bidding this fall CDBG funding Design only FY 14/15 AGENDA ITEM: DATE: SUBMITIED BV: BACKGROUND: BUDGET: RECOMMENDATIONS: ATIACHMENTS: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGI!:Nl>A ITEM H 4B SEPTEMLJF.It 14,2015 Contracts with Organizations Providing Recreation Programs at City Faciliti es August 6, 2015 Timmy Johnson, Recreation Director , Several organizations have been offering recreational programs at City facilities for many years. The Atlantic Beach Experimenta l Theater (ABET) provides plays and theatrical events for public participation and entertainment. The Atlantic Beach Athletic Association (ABAA) provides two seasons ofT·ball, softball, and baseball each y ear. Te nnis professiona l Brecht Catalan provides tennis lessons on Atlantic Beach courts. In the past, each of these organizations entered into a contract with the City of Atlantic Beach which included t h e payment of a fee for the use of the facilities. Th ese contracts have been updated for City Commissi on approval. The organization/person under contract provid es opportunities for inclusion and participation for low income residents who may not otherwise be able to afford to participate. The fee in the contracts is $200 for the y ear, which is cons istent with previous years. Authorize the City Manager to sign the attached contracts with ABET, ABAA and tennis professional Brecht Cata lan ABET Proposed Contract ABAA Proposed Contract Tennis Professiona l Brecht Cata l an Proposed Contract ,. REVIEWED BY CITY MANAGER:~ f/'a:...tn L ~ CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of _______ _ AGENDA ITEM# 4B SEPTEMBER 14,2015 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, 2015 through September 30,2016. 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. 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 AGENDA ITEM # 48 SEPTEMBER 14,2015 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 ofthe public facility, together with all rules and requirements ofthe police and fire departments ofthe 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 ofthe 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 propetiy. 1. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility ofthe 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 tenn 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 ofRenter'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# 48 SEPTEMBER 14, 2015 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: o ABET shall keep the facility clean and presentable for public showing and use by others. " ABET shall be responsible for the building and it's belongings while utilizing the facility. • 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. Ill Access to the facility will be based on the schedule of events shown on the calendar. 0 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. 3 AGENDA ITEM# 4B SEPTEMBER 14, 2015 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. 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 (1 0) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not." IN WITNESS WHEREOF, we have hereunto set our hands and official seals this __ day of ______ _ CITY OF ATLANTIC BEACH By: ---------------------- Its: "RENTER" "CITY'' 4 AGENDA ITEM # 4B SEPTEMBER 14, 2015 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 Athletic Association of Atlantic Beach, Florida (904) 249-2985 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: Jack Russell Park Baseball Facilities and Concession Building Sunday through Saturday and Donner Park Baseball Facility on Monday, Thursday, Friday and Sunday 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, 2015 through September 30, 2016. 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. 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 SEPTEMBER 14,2015 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 and ABAA by-laws, together with all rules and requirements of the police and fire departments ofthe 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 ofRenter'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 ofthe Renter. J. Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of re-keying or changing of the applicable locks. One key will be provided at no cost to Renter and any additional keys will require a $10 per key fee at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15 111 day of each month for a day or time period within the next month. For example, any organization requesting the short-term use of a City facility in the month of February could apply for such use after the 15th day of January. 2 AGENDA ITEM # 48 SEPTEMBER 14, 2015 I. 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 ofRenter's use of the premises, in an amount of at least $1,000,000 for injmies to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number ofpersons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold hmmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Jack Russell Baseball Facilities and Concession Building and Donner Park Baseball Facilities on Monday, Thursday, Friday and Sunday o. Additional provisions agreed upon by the City and Renter: Renter will actively recruit in low income areas, and provide scholarships, ''work for play" or other mechanisms to assme that children are not denied the opporhmity to participate due to their inability to pay the registration or other related fees. Nmnber of scholarships will not exceed 7.5% of total registered players for that season. 4. Exclusive Use Dates and Times: e October 1 through November 30 '" January 15 through May 31 a August 1 through September 30 ., The City retains the right to rent and use the facility at other times not specified for use by the Renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. "Renter agrees and understands the City intends to make improvements to the property (e.g. drainage). Renter fmther understands the facility use may need to be delayed or suspended during the time necessary for completion of the improvements." 3 AGENDA ITEM 1#48 SEI'TI!:Milto;lt 14,2015 6. Conu·o l ofFaciliLy: Til renling sa id facility to Renter, the Ci ty does no t rel inquish the right to control th e management and operation of the facil ity , a nd the City Manager or hi s des ig nee rnuy ent e r £he faci lity and a ll oflhe demis ed premises at any ti me and on any occasion . 7. Assignment: Renter s ha ll not assign thi s agreement no r s uffe r a ny use of th e facility oth er than herein s pec ified, nor sublet the faci lity or any pa rt th ereof, with out the writLcn co nsen t of the Ci ty. 8. OJ!:FAULT: Tn case the Renter s ha ll de fau lt in th e perl'orm unce or any covenant or agreement contained here in , and s uch default s ha ll continuo rur le tt (I 0) days after recei pt by th e Renter of wrillen notice the reof give n by th e City, then the City, ul its ortion , muy dec la re l11i s agreement ended. In th at event , Renter s hall immed iately remove a ll persons and it s property from th e fac ility, and fa ilin g to do so, th e City may cause suclt remova l eit her wit h or w itl1out process of law, at Rer1t e r·'s ex p e nse. These expenses s ha ll in c lude , bulrtol be limited to, rea sonabl e atlo mcy's fees in c urred by the City, w he th er su it is fil ed or not. IN WITNESS WHEREOF, we have herew1to set our hand s ami official seals Ibi s --day or ______ _ CITY OF ATLANTIC BEACH By: -------------------- Its: "CtTY•• 4 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of ________ _ AGENDA ITEM# 4B SEPTEMBER 14,2015 at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and Brecht Catalan, Tennis Instmctor of 12855 Greenmeadow Place Jacksonville, FL 32246 (904) 241-4625 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: Jack Russell Park Tennis Courts 4, 5, & 6 and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one-time use, and therefore a long tenn use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration ofthe 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, 2015 through September 30, 2016. 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $214.00 at the time of signing this agreement. 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 pe1form: 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 AGENDA ITEM# 4B SEPTEMBER 14,2015 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 fmancial 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 ofthe 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. 1. Renter shall correct any discrepancies noted by the City. Should the City require cmrective action, such action shall be the financial responsibility of the Renter. J. Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of re-keying or changing of the applicable locks. One key will be provided at no cost to Renter and any additional keys will require a ll..Q per key fee at Renter's expense. k. Any exclusive use shall be as set forth below. The use ofthe facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15 1h day of each month for a day or time period within the next month. For example, any organization requesting the short-term use of a City facility in the month of February could apply for such use after the 15tl1 day of Janumy. 2 AGENDA ITEM# 4B SEPTEMBER 14, 2015 I. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold hannless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Jack Russell Park Tennis Courts 4, 5 & 6 o. Additional provisions agreed upon by the City and Renter: None 4. Exclusive Use Dates and Times: See the attached schedule. The City retains the right to rent and use the facility at other times not specified for use by the Renter. 5. Delivety of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent ofthe City. 3 AGENDA ITEM# 4B SEPTEMBER 14, 2015 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not." IN WITNESS WHEREOF, we have hereunto set our hands and official seals this __ day of ______ _ CITY OF ATLANTIC BEACH By: --------------------G:_cLC- Its: "RENTER" "CITY" 4 AGENDA ITEM: SUBMITTED BY : DATE: BACKGROUND: CITY OF ATLANTlC BEACH CITY COMM ISSION MEETING STAFF REPORT AG~NOA ITEM #4C SEPTEM BER 14,2015 Extensio n of Annua l Co ntract for Cit y Bid No . 12 13-01: Street Sweeping and Vacuuming Douglas E. Layton, P.E. Qp ~ ~J / Directo r of Publi c Works ~ August 26, 20 15 T he City o f At lan ti c Beach awarded a stre et sweep ing co ntra ct to USA Services Florid a, In c. in October 20 I 2. Monthl y street sweepin g of Atlan ti c Bl vd . and Mayport Road is part of our mai ntenance agreement wit h FDOT, and bi-month ly sweeping of our City Streets is a req uirement of o ur NPDES (MS4) Pennit. T he co ntractor al so sweep s both Cit y Hall an d Publi c Work s parking lots on a bi-mo nthl y bas is. T he current contract for street sweep in g servic es und e r City Bid No. 12 13-01 ex pires October 3 1, 20 15. T he con tractor, USA Services of Florida , rn c. ha s agreed to renew the co ntra ct fo r the fir st of two poss ible renewa ls at the curre nt prices. Tota l cos t fo r st reet sweeping serv ices und er thi s contract is $29, I 00 ammall y. RECOMMENDATION: Exte nd the con tract for one yea r at the current pri ces, term be in g Novemb er 1, 20 15 thru October 31,2016. BUDGET: A tota l of $29,1 00 was budge ted in FY 14 15 in sto 11nwater acco unt 470-0000-538-3400 . ATTACHMENTS: Sign ed letter from USA Services of Florida , In c. agreei ng to th e extensio n of the co ntra ct. APPROVED BY CITY MANAGER: _-n,_~·-=/4:.;...;::a..= ..... = .. -=;;£:::.......:!!!!~==----------- Augus t 17, 20 15 Cannine Latanza Vice President USA Services ofFiorid a, Inc. P.O. Box 520580 Lo ngwood ,FL 32752 AGENDA ITEM 114C SEPTEMBER 14,2015 C ITY OF ATLANTIC B EA CH DEPARTMENT OF PUBLIC WORK S 1200 Sa nd piper La ne Atl a mic Ben ch, FL 32233 -4318 TELEPHON E: (904) 247 -5834 FAX : (904) 247 -583 4 \v\llll'.coab.us Rc: Bid 1213-01: Ann ual Cont.-act for Street Sweeping and Vacuuming Dear Ms. Latan za: The above referenced contract for Bid 12 13-0 1 expires October 3 1,2015. The C ity wo uld like to extend the co ntra ct for another year , at the current prices. Per bid specifica ti o ns, thi s would be the first o f two poss ibl e ex te ns ions of thi s contract, term being November 1, 20 15 thr u October 3 1, 20 16. l f acceptable, please sign below and r eturn to my atten tio n at your earli est co nvenience. We look forward to recommending that we co ntinue our cont ract with yo ur company. S incerel y, ~St7~ (;{r;; S howman Contr acts , Permits & A dmin. USA Services of Florida, In c . agrees to extend the contract a t the c urrent bid prices for one year begi~ning Novem~ 20 15. (l/) j ~/ u ,__ A Lc 1.1'1 JI"V /f ttJV-z ,, Signed Printed Na~e ;f Jif'•r r ' rr,.J..J -/) v r Date T it le of Sign er AGENDA ITEM: SUBM ITTED BY: DATE: BACKGROUND: RECOMMENDATION: BUDGET: ATTACHMENTS : CITY OF ATLANTIC BEACH C ITY COMMISSION MEETING STAFF REPORT Extension of Annual Contract for City Bid No. 12 13-06: Janitoria l Serv ices for City Facilities AGENDA ITEM# "D SEI'TEMBER 14,2015 Douglas E. Layton , P.E. ~ ( . L) .._--- Director of Public Works ~ c:;;7') ~ August 27, 20 15 The City of Atlantic Beach requires janitorial services for City facilities. The current contract for these services under Bid No. 12 13-06 expires September 30, 2015. The cont racto r, Supreme J anitoria l Serv ice has agreed to re new the con tract for the seco nd of three poss ible renewals at the cunent prices. Extend the contract for one year at the current prices, te1m being October 1, 2015 to September 30, 2016. The cun·e nt annu a l bid amount for janitorial services, bud geted und er va ri ous acco unts, is $50,796 .00. Letter from Supreme Janitorial Service agreeing to the extension of the cont ract. APPROVED BY CITY MANAGER: -~.....!::...__:....:....' -!:~~~=...!.......J;ii;Z=u.-1....1--w:::~;....__------- August27, 2015 Ms. Sue Butts, CEO Owner Supreme Janitorial Service I 1323 Distribution A venue E. Jacksonville, FL 32256 AGENDA ITEM# 4D SEPTEMBER 14,2015 CITY OF ATLANTIC BEACH DEPARTMENT OF PUBLIC WORKS 1200 Sandpiper Lane Atlantic Beach. FL 32233-43111 TELEPHONE: (904) 247-5834 FAX: ('104) 247-5834 www.conh,us Re: Bid 1213-06: Annual Contract for Jan ito rial Services Dear Ms. Butts: The above referenced contract for Bid 1213-06 expires September 30, 2015. The City would like to extend the contract for another year, at the curTent prices. Per bid specifications, this would be the second of three possible extensions of this contract, term being October l, 2015 thru September 30, 2016. If acceptable, please sign below and return to my attention at your earliest convenience. We look forward to recommending that we continue our contract with your company. Sincerely, ~ 5JA~~...___-~;aShowman Contracts, Pennits & Admin. Supreme Janitorial Service agrees to extend the contract at the current bid prices for one year beginning October I, 2015. Signed Printed Name of Signer Date r(~l{(~ Title oftSigner AGENDA ITEM : SUBMITTED BY: CITY OF ATLANTIC BEACH CITY COMMISSION MEETfNG STAFF REPORT Extension of Annual Contract for City Bid No. I 0 ll-24: Landscape Ma in tenan ce AGENDA ITEM #41'. SEPTEMBEit 14,20 15 Douglas E. Layton, P.E. {)._, t:? fl Directo r ofPublicWorks ~/ C ~ ......- DATE: August 27,20 15 BACKGROUND: The annual contract under City Bid No. I 0 I 1-2 4 for Landscape Maintenance of Atlantic Blvd. Med ians, Town Center, Mayport Rd. Flyover Areas, Mayport Road Medians, Ci ty Parks and Common Areas expires September 30, 2015. The co ntracto r, R&D Landscape & ltTigation, Inc. has agreed to renew the contract for the second of two po ssi ble renewals al th e c urrent prices. RECOMMENDATION: Extend the contract to r one year at the cutTent prices, term being October 1, 20 15 to September 30, 2016. BUDGET: FY1415 fu nds are budged as follows: ATTACHMENTS: 00 1-5002-54 1-3400 $ 26,896.00 001-5002-54 1-3402 $ 14 ,1 00.00 00 1-5002-54 1-3403 $ 17 ,173.00 001 -6020-572-3400 $ 66 .000.00 $124,169 .00 Letter from R&D Landscape & In·igation , lnc. agreeing to the extensio n of the contract. APPROVED BY CITY MANAGER: August 27, 20 15 Mr. Tom Rowan d Jr., Presi dent R&D Landscape & In·igat ion, In c. 8850 Corporate Squ are Co urt Jackso nvi lle, FL 32216 AGENDA IT EM #4E SEJ>'fEM UE R 14,20l5 C ITY OF ATLANTIC BEACH DEPARTM ENT OF PU B LIC WORKS 1200 Snrtdpipcr Lnn e Alluntic Beach, FL 32233-43 18 T E LEPHON E: (904) 24 7-5834 FAX: (904) 247-5834 ww w.coa b.us Re: Bid 1011-24: Annual Contract for Landscape Maintenance Dear Mr. Row and: T he a bove referenced co ntrac t for Bid I 011-24 expires September 30, 20 15. The Cit y would like to exte nd the co ntrac t for anoth er year, at the current prices . Per bid s pecifi cati ons, thi s would be the seco nd of two po ssibl e extensions of thi s contract, term being October 1 201 5 thru Se pt emb er 30, 2016. If acceptab le, please sign be low and re turn to my attention at yo ur earli est co nve n ience. We look forward to reco mm endin g that we conti nue ou r co ntr act with you r co mp any. S in cere ly, *r;luv~ Ofis~ Show ma n Contrac ts, Penn its & Admin . R&D La nd scape & Irri gation, In c. agrees to extend the co ntra ct at the current bid prices for on e yea r beginning October 1, 20 15 . Signed Print ed Name of Signer li{' .: .LA..;._ Date Ti tl e of Signer C ITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENOA ITEM 114ft' SEPT EM BER 14,201 5 AGENDA ITEM: Revised Intcrl oca l Agreement among the C ity of J ackso nville, Atlanti c Beach, J ackso nvill e Beach, Neptune Beach a nd U .S. Nava l Sta tion , Maypo rt for Co ndu ct of the Sea and Sky Spec tac ular SUBMlTT ED BY: Nelson Van Ll ere , Cit y Manager ~ DATE: Se pt emb e r 1, 201 5 ST RATEGI C PLAN LINK: No ne BACKGROUND: Th is agreement defines the covenants and respons ibi liti es governing t he Sea and Sky Spectacular to be held Octobe r 24-25, 20 15. It is an extended ce lebration of c it y eve nts, United Sta tes Armed Forces activities and family entertainment prog rams to be held periodi ca ll y in the Jacksonvill e Area . The primary goa l is to foster pos iti ve community re lati o ns and to suppo rt military rec ruitin g effo rt s. The C ity of At lanti c Beac h w ill be responsibl e within it s City limit s to prov id e supp ort se rvices including po li ce, crowd a nd traffic co ntr ol, parkin g a nd refuse collection. Thi s ag reement is entered in to every three years and was la s t app roved in Jul y o f'20 12 wi th the same co nditi ons. BUDGET: No oo REC OMMENDATION; Approve th e Fifth rev ised Jnterlocal Agreement among the C ity of Ja ckso n vill e, Ci ty of Atlantic Beach, Cit y of Jackso nvill e Beach , C ity of Neptune Beach and th e Co mmand er, U.S. Nava l Station May po rt , U.S . Navy for Co nduct of th e Sea and Sky Spectacula r a nd authorize th e Cit y M anager to sign th e agree ment. ATTACHMENT: fifth Revi sed lnterlocal Ag ree ment amo ng th e City of Jackso nvill e, F lor id a; the C ity of Atlantic Beach, Flori da; th e Cit y of Jackso nvill e Beach , Flor ida ; th e City of Nep tun e Beach, Flor id a; a nd th e Co mm and er, U.S. Nava l Station Maypo rt, U.S. Navy for Conduct of th e Sea a nd Sky Spectacular. Prepared by and Return to: John C. Sawyer, Jr., Esquire Office of General Counsel 117 West Duval Street, Suite 480 Jacksonville, Florida 32202 AGENDA ITEM #4F SEPTEMBER 14, 2015 FIFTH REVISED INTERLOCAL AGREEMENT AMONG THE CITY OF JACKSONVILLE, FLORIDA; THE CITY OF ATLANTIC BEACH, FLORIDA; THE CITY OF JACKSONVILLE BEACH, FLORIDA; THE CITY OF NEPTUNE BEACH, FLORIDA; AND THE COMMANDER, U.S. NAVAL STATION MAYPORT, U.S. NAVY FOR CONDUCT OF THE SEA AND SKY SPECTACULAR. THIS FIFTH REVISED INTERLOCAL AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into as of the day of , 2015 by and among the below-listed parties and supercedes the original Interlocal Agreement by and among the parties made and entered into March 12, 2001, as revised for the first time on October 9, 2003, as revised for the second time on August 4, 2005, as revised for the third time on November 2, 2007, and revised for the fourth time on October 28, 2009, and shall become effective upon filing with the Clerk of the Circuit and County Courts, as herein provided. The parties to this Agreement are: THE CITY OF JACKSONVILLE, FLORIDA, a consolidated municipal/county government, making the General Services District within the territorial boundaries of Duval County, Florida (hereinafter referred to as "JACKSONVILLE"), pursuant to authority in Section 111.105, Ordinance Code; and THE CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation within the General Services District (hereinafter referred to as "ATLANTIC BEACH"); and THE CITY OF JACKSONVILLE BEACH, FLORIDA, a municipal corporation within the General Services District (hereinafter referred to as "JACKSONVILLE BEACH"); and THE CITY OF NEPTUNE BEACH, FLORIDA, a municipal corporation within the General Services District (hereinafter refen·ed to as ''NEPTUNE BEACH"); and THE COMMANDER, U.S. NAVAL STATION MAYPORT, UNITED STATES NAVY (hereinafter refetTed to as "CNSM"). 1 AGREEMENT SECTION 1. SUMMARY ................................................................................................... . 2. PURPOSE ...................................................................................................... . 3. RESPONSIBILITIES ..................................................................................... . 4. SEA & SKY SPECTACULAR AIR SHOW COMMITTEE ........................ . 5. TERM OF AGREEMENT .............................................................................. . 6. EFFECTIVE DATE ........................................................................................ . 7. TERMINATION ............................................................................................. . 8. MAXIMUM INDEBTEDNESS ..................................................................... . 9. SEVERABILITY ........................................................................................... . 10. SECTION HEADINGS ................................................................................. . 11. CONSTRUCTION ........................................................................................ . 12. ENTIRE AGREEMENT ............................................................................... . 13. COUNTERPARTS ......................................................................................... . PAGE 2 2 3 5 6 6 6 6 6 6 6 7 7 AGENDA ITEM #4F SEPTEMBER 14, 2015 IN CONSIDERATION ofthe mutual covenants herein contained and for other good and valuable consideration, the legal sufficiency of which is acknowledged by the parties, the parties agree as follows: 1. SUMMARY. This Agreement defines the covenants and responsibilities governing the Sea and Sky Spectacular, to be held on October 24-25, 2015 (hereinafter sometimes referred to as the "Event", as the context allows). It is an extended celebration of city events, United States Armed Services activities and family ente1iainment programs to be held periodically in the Jacksonville area. The primary goals of the Event are to foster positive community relations and to support military recruiting eff01is. The Event is intended to be an annual regional attraction with air show sites alternating between Naval Air Station Jacksonville and the Jacksonville Beach Oceanfront (this Agreement shall pertain exclusively to Events held at the Jacksonville Beach Oceanfront). 2. PURPOSE. This Agreement formally creates a relationship among the pmiies for the following purposes: 2.1. To provide JACKSONVILLE, ATLANTIC BEACH, JACKSONVILLE BEACH, NEPTUNE BEACH and neighboring beach cities/communities along with the high concentration of Naval commands and their service members a celebration that showcases the military's presence in the region. 2.2. To foster positive community relationships by (a) creating an opportunity for long term, mutual cooperation and commitment among city governments and Naval commands to conduct a bi-annual event of regional attraction at an opportune time of year for the cities and their business communities; and (b) supporting Armed Service recruiting by offering an exciting family entertainment program which may include an air show and a demonstration of militmy 2 ca pabi lit ies. AGEN DA ITEM ti4F S&t:PTE MB ER 14,20 15 3. RE SPO NS IBILITIE S. T he part ies s ha ll have th e fo ll ow in g resp ons ibil iti es , w hic h may be s uppl e mented or more specifi ca ll y de fin ed as necessary, fro m tim e to tim e, for the co nd u c t o f th e Event: 3.1. JAC KSONVIL LE : 3.1. I . Sp ecial Events Produ ction a nd Coordination. T he Office of Spec ial Events (h e re inafter referred to as th e ''O SE") represents JAC KSONVIL LE's inte res ts and s ha ll provide spec ia l events produ c ti on experti se and coo rdin atio n for th e Events he ld at th e Jac ks onv ill e Beac h Oceanfro nt. The OSE will share in th e respo ns ibilit y of arTa ngin g and co ndu ctin g the Sea and S ky Sp ectac ular wit h ATLAN TIC BEACH, JAC KSONV ILL E BEAC H, NE PTUNE BEAC H and CNS M. 3 .1.2. Custodian fo r Spo nsorship Funds . Th e OSE will serv e as custodi a n o f sponso rs hip money and will wr ite acco unt s paya bl e checks us ing th e sponso rship money ra ised to supp ort th e Sea and S ky Sp ec tac ul ar. 3.1.3. Event Promotion. JAC KSON VI LLE shall have th e overall respo nsibility fo r pro mot in g th e Event as a reg io nal att rac ti on. 3.1.4. Mo netary Contribwion . Subject to th e ma x imum indebtedn ess in Sec ti o n 8, below, J AC KSONVI LLE w ill pro vid e and fund va ri o us services necessa ry to produ ce the Event. Such se rvices s hall includ e po li ce, pri va te securi ty, fire and resc ue s upp 01i serv ices, ad vc tti s ing and ma rketing, Jack so nv ill e Tra nsportation Auth ori ty s huttles, air show co ns ultant, a ir s how ac ts, so und and ent ert ainm ent, V IP ar ea, liabilit y in suran ce and eve nt main tena nc e (co ll ec ti ve ly and indi v idu a ll y referred to as the "J AC KSO NVI L LE Services"). Subj ect to th e maximum ind ebted ness in Secti o n 8 below, JACKSONV ILL E may provi de se rvi ces in additi o n to th e ab ove J AC KSONV lLLE Se r vices, to th e ex tent that such additi onal services become necessa ry to produ ce the Eve nt; pr o vided ho1 vever, s uc h ad d iti onal serv ices s hall not be provid ed o r r equ ired here un der unl ess and un til suc h ti me as thi s Ag reement is am end ed, in w ritin g, for th e inclu sion of s uch additi onal se rv ices. 3.2. ATLAN TIC B EACH, JAC KS ON V1LLE B EAC H and NEPTUNE BEAC H : 3.2.1. Monetary Co ntribu tion. ATLA NTIC BEAC H, JAC KSON VILLE BEAC H and NE PTUNE B EACH are no t required to co ntri bute any spo nso rship fund s for th e 2015 Sea a nd Sky Sp ectacu la r. 3 .2.2. Supp ort Services. Within th e ir re spective ci ty limits, and /o r as the need may require, ATLA NTIC BEAC H, JACKSON V ILLE B EAC H and N EPTUNE BEACH shall prov ide a nd fund s taffi ng/p o li ce, lire a nd rescue supp ort services fo r th e Sea and S ky Spec ta cul ar, in clud ing, w itho ut limitati on, poli ce se rvices, c rowd and tra ffi c co ntro l, parkin g a nd 3 AGENDA ITEM #4F SEPTEMBER 14, 2015 refuse collection. ATLANTIC BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH recognize and acknowledge that crowd sizes and logistics, as well as financial considerations, may require joint sharing of these responsibilities and expenses as matters develop, and agree to cooperate, in good faith, to reach equitable sharing arrangements as such prove to be necessary. JACKSONVILLE shall provide and fund staffmg police, fire and rescue support services only to the extent that the circumstances smTounding the Sea and Sky Spectacular require supplementing such services, as determined by JACKSONVILLE, in its sole and exclusive discretion. 3.2.3. Sea and Sky Spectacular Facility. JACKSONVILLE BEACH shall provide property for the Sea and Sky Spectacular. The aforementioned property shall be sufficiently available for the placement of tents, display booths, and other festival requirements as necessary and approved by the JACKSONVILLE BEACH City Manager and shall be consistent with JACKSONVILLE BEACH's Code of Ordinances and Special Events Policies. 3.2.4. Responsibility for Sea and Sky Spectacular. ATLANTIC BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH City Managers or their designated representatives shall share responsibility for atTanging and conducting the Sea and Sky Spectacular with JACKSONVILLE's OSE and CNSM; provided however, said OSE shall have the final or ultimate decision making authority, subject only to Section 3.2.3. above. 3.2.5. Event Promotion. ATLANTIC BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH shall have secondary responsibility and secondary approval authority for promoting the Event as a regional attraction. 3.3. N avv!CNSM: CNSM shall delegate his authority regarding the Event and agrees as follows: 3.3.1. Air Show Responsibility. While the Commanding Officer of the Naval Air Station Jacksonville (hereinafter referred to as ''NAS") has primary responsibility for the NAS Air Show, and is charged to conduct the on-base air show at NAS, the Commanding Officer of Naval Station Mayport is charged only with support of the Sea and Sky Spectacular by staging of static display and performing aircraft, and by cooperating with JACKSONVILLE to arrange and conduct the military demonstration at the Sea and Sky Spectacular. 3.3.2. Prohibition Against Use of Funds. In compliance with federal regulations, fiduciary support raised on base via Naval Station Morale, Welfare and Recreation Non-appropriated Fund Activities may not be used to support external activities. 4 AGENDA ITEM #4F SEPTEMBER 14, 2015 4. JACKSONVILLE SEA AND SKY SPECTACULAR OCEANFRONT AIR SHOW COMMITTEE. 4.1. There shall be created a Sea and Sky Spectacular Committee (hereinafter refened to as the "Committee") with membership of the parties and shall operate as follows: 4.1.1. Membership. JACKSONVILLE, ATLANTIC BEACH, JACKSONVILLE BEACH, NEPTUNE BEACH and the Commanding Officer ofNaval Station Mayport each shall have membership on the Committee. This Committee shall advise JACKSONVILLE on the production of the Sea and Sky Spectacular. This includes, but is not limited to, hiring of sponsorship/advertising companies and/or air show consultants; provided however, the Commanding Officer of Naval Station Mayport shall have no responsibility or involvement whatsoever with sponsorship matters. 4.1.2. Final Authority. The parties agree that decisions of the OSE, as to accounting, expenditures, marketing, staging, logistics, placement, consultants, contractors, vendors, scheduling, coordination and all other matters related to and/or contemplated herein, shall be final, except for: (a) any decision that may adversely impact the ability of ATLANTIC BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH to provide normal city services, including, but not limited to Police, Fire and Rescue, as determined by the City Managers of those cities; and (b) activities occmTing on Navy property or involving Navy equipment or personnel; only as to activities on Navy Property or involving Navy personnel or equipment, shall the decisions of CNSM, as delegated above in Section 4.1.1, be final. 4.1.3. Meetings. The Committee shall meet to determine any other rules and/or procedures that may be necessary in order to permit action on the Event as soon as possible. Such dete1minations shall include decisions as to whether financial and policy commitments and procedures should be made. Such decisions shall require a majority vote of all Committee Members. The Committee must have a quorum of its members in order to meet and take action. Such quorum shall consist of three (3) ofthe five (5) members. Such meetings shall comply with the Florida Open Meetings Law, as codified in Section 286.011, Florida Statutes. All meetings shall be preceded by a posted notice of at least twenty-four (24) hours. Written minutes shall be kept of the meetings. The meetings shall be held at a government facility that is accessible to the public. 4.2. Funding and Fund Carryovers. JACKSONVILLE and the Committee (excluding the Commanding Officer of Naval Station Mayport, as provided above) shall conduct funding and sponsorship campaigns to cover the costs of the Sea and Sky Spectacular. In addition to such funding and sponsorship campaigns, the parties (except for CNSM) may elect, but are not obligated to provide additional financial support for the Sea and Sky Spectacular. In the event that there is a surplus of funds available on final funding, from the Sea and Sky Spectacular, such surplus shall be held by JACKSONVILLE, for available use in the next scheduled Sea and Sky Spectacular, unless such event will not take place the following term or JACKSONVILLE determines specific other uses for such surplus funds. 5 AGENDA ITEM #4F SEPTEMBER 14,2015 5. TERM OF AGREEMENT. This Agreement shall have a four (4) year term, commencing from October 11, 2012, unless subsequently amended. This Agreement may be renewed by written agreement by all pmties. 6. EFFECTIVE DATE. This Agreement shall become effective on the date it is recorded in the Official Records of Duval County, Florida, as required by Section 163.01(11), Florida Statutes. Such recording shall be perfected by the Office of General Counsel for JACKSONVILLE. 7. TERMINATION. Any party may withdraw from this Agreement, without cause, by giving ninety (90) days advance written notice to the other pmties, by ce1tified mail return receipt requested or by other delivery with written receipt. Such advance written notice shall be sent to the party representative or successor as shown on the signature pages, to the addresses stated thereon. If the remaining parties so desire, they may continue this Agreement, as to its terms and conditions, by formal, mutual execution of a letter agreement memorializing the same. 8. MAXIMUM INDEBTEDNESS. This Section 8 is included in this Agreement pursuant to Section 106.431, JACKSONVILLE Ordinance Code. JACKSONVILLE's maximum indebtedness under this Agreement shall not exceed FNE HUNDRED THOUSAND AND 00/100 DOLLARS ($500,000.00), which amount does not include any funding via sponsorships that have been or will be secured by JACKSONVILLE. As provided in Section 3.1.4, JACKSONVILLE may provide and/or fund services in addition to the listed JACKSONVILLE Services; provided however, such additional services may be provided only in the event of a written amendment to this Agreement in that regard and only to the extent that such additional funds are available and have been appropriated for the Event. To the extent this Agreement is so amended in order to increase the JACKSONVILLE Services, said written amendment must reflect a corresponding increase in the maximum indebtedness specified in this Section 8, if applicable. The respective maximum indebtednesses of ATLANTIC BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH shall be their respective financial and service commitments detailed in Sections 3.2.1 and 3.2.2, above. For the JACKSONVILLE 2014-1015 fiscal year, $95,000.00 will be encumbered by this Agreement. The remaining $405,000.00 will be budgeted and appropriated, if at all, in City fiscal year 2015-2016, and shall be encumbered by an amendment to this agreement, purchase order, check request, or other lawful encumbrance mechanism. 9. SEVERABILITY. If any part of this Agreement is found by a court of competent Jurisdiction to be unlawful or otherwise unenforceable, such part shall be deemed to be severed from this Agreement and the remaining pmis shall continue to have full force and effect. 10. SECTION HEADINGS. All section headings used in this Agreement have been inserted for convenience only. Such section headings shall not be used in the interpretation or construction of the text of this Agreement. 6 AGENDA ITEM #4F SEPTEMBER 14, 2015 11. CONSTRUCTION. The pmiies acknowledge that they have had meaningful input into the terms and conditions contained in this Agreement. Therefore any doubtful or ambiguous provisions contained herein shall not be construed against the party who physically prepared this Agreement. The rule sometimes refened to as "Fortius Contra Proferentum" shall not be applied to the interpretation of this Agreement. 12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the pmiies hereto for their responsibilities with respect to the Event. No statement, representation, writing, understanding, agreement, coui·se of action or course of conduct, made by any party, or any representative of any party, which is not expressed herein shall be binding. All changes to, additions to, modifications of, or amendment to this Agreement, or any of the terms, provisions and conditions hereof, shall be binding only when in writing and signed by the authorized officer, agent or representative of each of the parties hereto. 13. COUNTERPARTS. This Agreement, and all amendments thereto, may be executed in several counterparts, each of which shall be deemed an original, and all of such counterpmis together shall constitute one and the same instrument. [Remainder of page is intentionally left blank. Signature page follows immediately.] 7 AGENDA ITEM #4F SEPTEMBER 14, 2015 IN WITNESS WHEREOF, the City of Jacksonville, by and through its respective authorized representatives has caused this Agreement to be executed on the day and year first above written. ATTEST: By: _________ _ Name: -------------------- Title: Corporation Secretary STATE OF FLORIDA) )ss. COUNTY OF DUVAL) CITY OF JACKSONVILLE By: ------------------------------------- Name: --------------------------------- Title: ----------------------------------- The foregoing instrument was acknowledged before me this day of ______ _ 2015, by , and , Corporation Secretary respectively, of the City of Jacksonville, a municipal corporation in Duval County, Florida. Such persons: (notary must check applicable box) are personally known to me; or 9 9 9 produced a current ____________ driver's license as identification; or produced as identification _____________________________ (Sign) _____________________________ (Print) NOTARY PUBLIC My Commission expires: ______ _ (NOTARIAL SEAL) In compliance with the Ordinance Code of the City of Jacksonville, I do hereby certify that there is an unexpended, unencumbered and un impounded balance in the appropriation to cover the foregoing Agreement and that provision has been made for the payment of the monies provided therein to be paid. Director of Finance City Contract Number: ____ _ Form Approved: Office of General Counsel Procurement Award #AD-0576-12, as amended 8 AGENDA ITEM #4F SEPTEMBER 14, 2015 IN WITNESS WHEREOF, the City of Atlantic Beach, by and through its respective authorized representatives has caused this Agreement to be executed on the day and year first above written. ATTEST: By: _________ _ Donna L. Bartle, City Clerk 800 Seminole Road Atlantic Beach, FL 32233 STATE OF FLORIDA) )ss. COUNTY OF DUVAL) CITY OF ATLANTIC BEACH By: ____________ _ Nelson VanLiere, City Manager 800 Seminole Road Atlantic Beach, FL 32233 The foregoing instrument was acknowledged before me this day of _____ _ 2015, by Donna L. Bmtle, and Nelson VanLiere, the City Clerk and City Manager respectively, of the City of Atlantic Beach, a municipal corporation in Duval County, Florida. Such persons: (notmy must check applicable box) 9 are personally known to me; or 9 produced a current _______ driver's license as identification; or 9 produced as identification ___________ (Sign) ____________ (Print) NOTARY PUBLIC My Commission expires: _____ _ (NOTARIAL SEAL) 9 AGENDA ITEM #4F SEPTEMBER 14. 2015 IN WITNESS WHEREOF, the City of Jacksonville Beach, by and through its respective authorized representatives has caused this Agreement to be executed on the day and year first above written. ATTEST: By: ------------------Nancy J. Pyatte, City Clerk 11 North 3rd Street Jacksonville Beach, FL 32250 STATE OF FLORIDA) )ss. COUNTY OF DUVAL) CITY OF JACKSONVILLE BEACH By: ____________ _ Charlie Latham, Mayor 11 North 3rd Street Jacksonville Beach, FL 32250 By: ____________ _ George D, Forbes, City Manager 11 North 3rd Street Jacksonville Beach, Florida 32250 The foregoing instrument was acknowledged before me this day of ------- 2015, by Charlie Latham, George D. Forbes and Nancy J. Pyatte, the Mayor, the City Manager and the City Clerk respectively, of the City of Jacksonville Beach, a municipal corporation in Duval County, Florida. Such persons: (notary must check applicable box) 9 are personally known to me; or 9 produced a current __________ driver's license as identification; or 9 produced as identification __________ (Sign) ____________ (Print) NOTARY PUBLIC My Commission expires: _____ _ (NOTARIAL SEAL) 10 AGENDA ITEM #4F SEPTEMBER 14, 2015 IN WITNESS WHEREOF, the City of Neptune Beach, by and through its respective authorized representatives has caused this Agreement to be executed on the day and year first above written. ATTEST: By: ---------------------- Karla Strait, City Clerk 116 1st Street Neptune Beach, FL 32266 STATE OF FLORIDA) )ss. COUNTY OF DUVAL) CITY OF NEPTUNE BEACH By: ---------------------------- Jim Jarboe, City Manager 116 1st Street Neptune Beach, FL 32266 The foregoing instrument was acknowledged before me this day of , 2015, by Jim Jarboe and Karla Strait, The City Manager and the City Clerk respectively, of the City ofNeptune Beach, a municipal corporation in Duval County, Florida. Such persons: (notary must check applicable box) 9 are personally known to me; or 9 produced a current driver's license as identification; or ------------- 9 produced as identification ___________ (Sign) _____________ (Print) NOTARY PUBLIC My Commission expires: ______ _ (NOTARIAL SEAL) 11 AGENDA ITEM #4F SEPTEMBER 14, 2015 IN WITNESS WHEREOF, the Commander US Naval Station Mayport, United States Navy, by and through its respective authorized representatives has caused this Agreement to be executed on the day and year first above written. ATTEST: NAVY By: ~--------------------- Signature By: ------------------------------------Wesley R. McCall, Captain, United States Naval Type/Print Name: _______ _ Station Mayport Title: -------------------------- STATE OF FLORIDA) )ss. COUNTY OF DUVAL) The foregoing instrument was acknowledged before me this ___ day of __________ _ 2015, by Wesley R. McCall, and as Captain and _________ respectively, ofthe United States Navy. Such persons: (notary must check applicable box) 9 9 9 are personally known to me; or produced a current ______________ driver's license as identification; or produced as identification __________ (Sign) ____________ (Print) NOTARY PUBLIC My Commission expires: ________ _ (NOTARIAL SEAL) G:\Gov't Operations\JSawyer\Special Events\_ Sea and Sky\lnterlocal Agreement\Sea SkySpectacular lnterlocal Agreement I -21-IS.doc 12 CITY OF ATLANTIC B EACH, FLORIDA CITY C OMMJSSION MEETING STAFF REPORT AGENDA IT EM i' 7A SEPTEMBER 14,2015 AGENDA ITEM: Public H earings o n ad opting a Tentative Millage Rate and adopti n g Ordinance #20-15-132 establishi ng the Operating Budget for fisca l year 20 15/20 16 . SUBMITTED BY: Russell C affey, Finance Director ~Y DATE: Septemb er 14, 2015 BACKGROUND: In order to ad opt a millage rate a nd o perating budget, the C ity Commission must adhere to a stric t r.rocess per state law. Pl ease find attached an o utline for the publi c h eari n gs to be held o n September 141 ', 20 15 in the Commi ssion Chambers at 6:30pm as was noticed to a ll p rope rt y owners b y the Duval County Property Appraiser's Office. The fonnat is the same as in previo us years and is to be read in to the record as presented in order to ass ure complian ce with th e T RIM laws (s.200.065, F .S.). Prior to these hearings, the Ci ty Manager presented a Proposed Operating Budget and held two public wo rksho ps to review and m ake adjustments with the Ci ty Co mmissio n 's guidance. The Pro posed Operating Bud get i s fund ed us in g th e millage rate of 3.3285 mill s. Thi s is a 5.44% in crease over the roll back rate. A ll c ha nges to arri ve at final bud get were discussed in the budget workshops . (See Schedul e A) 1 . Grant of$62,700 to he lp fund th e phos pho ru s removal proj ect (33% match) was awa rded after compil ati o n of proposed budget. 2. Tree Protection Grant of $1 0,000 was awarded after compilation of proposed bud get 3. Grant of$25,000 to he lp fund th e CRA study was award ed after comp ilat io n of prop osed budget 4. Allocation of healthcare costs to Sewer and Sanitation division. Amounts not included in previous budget proposa l. 5. Fiscal Year 20 15 project rep lacin g the effluent ou tfall for $320,000 is sti ll awaiting pennitting fro m the Coast Guard. I T here w ill be a seco nd publi c hearing for th e final ado pt io n of th e mill age by r eso luti on and a second publi c h earing for th e final adoptio n of the Operating Budget, O rdinan ce #20-15-132, o n September 28111 , 2015 at 6:30 in the Ci ty Commi ssion C hambers. RECOMMENDATION: 1.) Ho ld two public hearings as d escribed in the a ttached o utlin e to approve both t he Tentative Millage Rate of3.3285 mills a nd t he Operating Budget O rdinan ce #20-15-132 wi th total expenditu res of$33,059 ,2 01. 2.) Set th e Time a nd Date of the Second Public Heari ng a t September 28 , 20 15 at 6:30pm. [n the Comm issio n C hambers of C it y Hall. ATTACHMENTS: Agenda for Public H earin gs Ord inance# 20-15-132 Budget Summary of a ll Funds Schedule: Schedule A: C hanges from Proposed Budget to Fina l Budget REVIEWED BY CITY MANAGER: ~ ~~ AGENDA ITEM# 7A SEPTEMBER 14,2015 ADOPTION OF A TENTATIVE MILLAGE AND OPERATING BUDGET FOR FISCAL YEAR 2015/2016 First item to be considered: Adoption of a Tentative Millage Rate State the following: The Millage Rate is 3.3285 The Tentative Millage Rate is 3.3285 The Roll-Back Rate is 3.1567 The Tentative Millage Rate is 5.44% more than the roll back rate. The purpose for adopting the millage rate of 3.3 28 5 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at anticipated and proposed cost and to continue to maintain the City's infrastructure. Motion to adopt a Tentative Millage Rate for operating purposes of 3.3285 Open Public Hearing Close Public Hearing and Vote Second item to be considered: Ordinance #20-15-132 establishing the Operating Budget for fiscal year 2015/2016 of $33,059,201 Motion to adopt Ordinance #20-14-132 establishing the Operating Budget for fiscal year 2015/2016 Open a Public Hearing Close Public Hearing and Vote ORDINANCE NO. 20-15-132 AGENDA ITEM# 7A SEPTEMBER 14, 2015 AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016. WHEREAS, the City Commission of the City of Atlantic Beach, Florida, on September 14, 2015, held a public hearing as required by Florida Statute 200.065; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, set forth the appropriations and revenue estimate for the budget for Fiscal Year beginning October 1, 2015 and ending September 30,2016 in the amount of$33,059,201. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2 016 budget be adopted, and 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this __ day of September 2015. Passed by the City Commission on second and fmal reading this __ day of September 2015. Carolyn Woods Mayor I Presiding Officer Approved as to form and correctness: Richard Komando, Esquire City Attorney ATTEST: Donna L. Bartle City Clerk City of Atlantic Beach Combined Summary of Revenues and Expenditures Summary of all Funds Actual Actual Estimate 2012-2013 2013-2014 2014-2015 Cash Forward 37,492,961 39,178,618 40,401,341 Revenues General Fund 11 '109,663 11,204,899 11,348,292 Special Revenue Funds 1,486,435 1,560,069 1,447,054 Debt Service Fund 69,790 Capital Project Fund (54,636) 364,822 349,999 Enterprise Funds 11,505,531 12,182,098 12,266,518 Trust and Agency Funds 3,176,999 3,105,080 3,544,669 Total Revenues 27,293,783 28,416,968 28,956,532 Other Financing Sources 164,214 388,758 Total Resources 64,950,958 67,984,345 69,357,873 Expenditures General Fund 10,748,328 10,861,273 11,589,960 Special Revenue Funds 1,038,260 1,418,672 1,522,290 Debt Service Fund 72,028 73,113 Capital Project Fund 98,073 631,716 Enterprise Funds 11,058,947 12,446,983 11,715,286 Trust and Agency Funds 1,638,006 1 ,448,128 1,617,289 DIVISION TOTALS 24,555,569 26,346,241 27,076,541 Other Financing Uses 1,216,774 1,236,762 355,732 Cash Reserves 39,178,618 40,401,341 41,925,600 Total Expenses and Cash 64,950,961 67,984,344 69,357,873 Resource Allocation Personnel Services 9,313,416 9,149,396 9,253,450 Operating Expenses 9,710,687 10,119,154 11,197,056 Capital Outlay 1,751,997 3,299,043 2,913,881 Debt Service 2,450,015 2,151,646 2,045,235 Transfers 1,329,454 1,627,003 1,666,919 Total 24,555,569 26,346,241 27,076,541 Budget 2015-2016 41,925,600 11,722,799 2,127,196 855,000 11,490,883 3,866,761 30,062,639 71,988,239 11,722,799 2,396,850 3,457,700 13,873,304 1,608,548 33,059,201 38,929,038 71,988,239 10,198,510 11,126,161 8,159,330 1,964,326 1,610,874 33,059,201 AGENDA ITEM# 7A SEPTEMBER 14, 2015 Increase {Decrease} 1,524,259 374,507 680,142 505,001 (775,635) 322,092 1 '106, 107 2,630,366 132,839 874,560 2,825,984 2,138,018 (8,741) 5,962,660 {355,732} {2,996,562} 2,610,366 945,060 (70,895) 5,225,449 (80,909) (56,045) 5,962,660 Schedule A AGENDA ITEM #7A SE PTEMDER 14,20 15 Changes from Proposed Budget to Final Budget REVENUES: Originally P.-oposed Revenues: StJohn's Water Management Di stric t Cost Sharing Program (]) State Grant -Tree Protection ~ State Grant -CRA Study ~ Revised Final Budgeted Revenues EXPENSES: OriginaUy Proposed Expenses: Health In s urance -Sewer and Sanitation ® Repl aceme nt of effluent outfall lin e (carried over from FY 15)<D Revised Budgeted Expenses: Note from Budget Workshop: $29,964,939 62,700 10,000 25,000 $30.062.639 $32,656,765 $33.059.201 At the request of tho commission, $20,000 has been id entified in the prev iou sly proposed bud get for improvement to beach access points (signage and ame niti es). CD -Grant to help fund the phosphoru s removal project was awa rd ed after compilation of proposed budget. 33% match in g grant. ® -Grant was awarded after co mpilation ofproposed budget G> -Grant was awarded a1ler co mpilation of propo sed budget ® -AJlocation ofhealtheare costs to Sewer and Sanitation division. Amounts not included in previous budget proposa l. ~ -Fisca l Yoar 2015 proj ec t, cu n·en tly awaiting permitting from the Coast Guard. AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT I AGENDA ITEM #SA S~PTEMBI.<:n 14,2015 Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 2349 W . Ocean Forest Drive ,d)_ (.... / e>/f?L--Dougla ~ Layton, PE } Public Works Director 8/11/15 Applicant has requested a circu lar driveway at 2349 W . Ocean Forest Drive. The lot frontage is 91 feet. All other sections of the code appear to have been met by the application . City Code Section 19-7: Construction of driveways in rights-of way contains the following requirement: (f)" ... , and circular drives shall only be permitted on lots having at least one hundred-foot frontage ." No budget consideration RECOMMENDATION: Consider approval of requested waiver to City Code Section 19-7 requirements for this lo cation . ATTACHMENTS: 1. Waiver Application for 2349 W . Ocean Forest Drive 2. Permit drawing REVIEWED BY: --u t/Of..&a /UA.J Nelson Van Liere, City Manager llurc AGENDA ITEM #SA SEPT EMBER 14,2015 APPLICATION FOR LAND OEVELOI,MENT REGULATIONS WAIVEI~ C ity uf A llantic fic;ach · ROll Scminulc l~und · A llllnlic Ucac h, F luricl a J223J !'hone: (904) 247-5826 · II' A X (9!14) 247-5845 · hllp:/lwww.cout>.u~ file No. _________ l~e~cipl ------------ Sectio n 2-+--46 (u) perm its lhc C ity Commis~inn tn authorize limilcll Wnivers, em a cnse-hy-ca~>c lmsis, fru111 11 specific pt·ovis iun(s) of lhcse Land Ocvclnpmcnl Rcguht tiuns when i 1 is tlomunstt·att!cl I hn t complin nee ll'ith s uch provi:-lion(s) would be unrcnsonahle, in cuntlict with the public inte~·csc , nr 11 prnclical impossibi lit y. A W 11i vcr l'rom these Land Ocvelopmcnt Regulations may he Hpprovcd only upon showin~ uf ~oocl cause, nncl upon evidence thnl an nltcnwtivc to :t specific pmvision(s) of Chis Chnpler sbu ll he pt•ovidcd, w hich ccmfonns to t he ~l·ncral intent and spirit of these Land Development Re~ulntions. In considering nny t·cqucsl fm· a Wnivcr f"t·om t h esl' Land Development Rc~ulaciuns, the C ily C ommission may rc<tuire cmu.liliuns as apprclfH'illtc fo e ns ure thnt lhc intent llf thc.se Land l>cvclopmcnt Rcgulalions is crtforcctl. A Wuivcr slmll not modifY any •·cquircmcul or term c ustomnrily considered as a Variance or n n y requirement or term llt 'ohihitcrl 11~ a V nrinncc, and shu II he considered onl)' in c:tscs where lllfcr·tutl ivc athnini.-;h":ltivc pr·uccllltr'l'S nn· nul seC I'm Chc 11 ithi n the City C ntlc of Onlinunccs. I. ,\pplil'unt'~ umc Mnr k A. Tum r..:o 2. \p plicuut '~ Allch·c~N 2349 Occanlorcsl Dr. West, Atlantic Ucac h, Florida 3223.1 J . Pt·o pcrly Locrtlion 23 49 Occanfo rc st Dr. West , Atlantic 13cac h, Flori da 32233 ~. Properly :\pprniscr's Renl F.slalc Numher R-16946 3-157 0 $. Cu t't'cnt Zunin~ C lu ssific:ttion RS-1 (•. ('ompr<'h c n s ivc I' Inn fo'utm·c l.nncl lise clcl'i~.tnutinn R L 7. ltcqnc~t ccll>ruvlsion (s ) from whirh wnivct· is sou~-:hr: Sec. 19.7([) wlm:h specifics that "c in;ttlflr drives sha..!l_ o~c permitted on lots having at lcas r o ne hundred-fool fhmtagc." H. Silc or J>urco l lR,(lQ!J 11 2 (0.4 3 acre)-91 .1211 lhutlugc ?.Ufitily l'rovidcr _.1_1~_·/\------------- I 0. Pruvitlc ull ut' the fnlluWill:! infnrmltliun: fl. I' roof of owncrsh ir (tfccd or ccr·tlfit•utc h y lnwycr ur abstmcl rmnpuny or· IItie cumpauy I !t at veri lie.~ rN·urd owner 11:. nbovc). If the npplic:nnt Is not the owner, a letter of uuthori1.nlion fr(lnt !lrl' owrtcr·(s) fur·npplirnnf to rcpt·cscul the owner fur nil pul'poscs rclntecJ lc> this application must hr provid ed. h. '\urv<>y and lcA:tl dc~c riptlon of prope rly. 1'. ftt•quin~tl IIUIIIhCr of I'Cij)iCS (2) cl. •\pplictlliuu Fcc ($2~11 .00) I 111-:IU~IH' ("Jo:R'I'II'\' TffAT ALL INFORM ATION l'f{OVIOEO WI'I'IJ TillS A I'I'LI<"ATIO IS COHIU:C I: S iJ!nntur·t· uf <IWil C t'(>~) 111· nutho•·i:r.ccl l)c l·s un if OWII'JI''s nulhol'i1.nliun ful'lll I~ nHndtctl: Pl'inlcct or· ·~·pcd 11 a 1uc(s): Mark A. ·rumeo and .l c 11i·cy W. S tar k // !oli;!naturc(s): ---;-'-"""---.:_.--;:;-a..::.:...::...:._~.:.:.....--~.,.L.~~....,..../~""--:;-==::;....----~------ AGEND A ITEM liSA SEPTEMBE R 14,201 5 \l>l>HE~S .\'II)< '()N 1',\( 'T IIIIFOit ,\11\TION OF l 'lmSO'I TO ltEC'EI VE ALl. ('OIHtESI'ON DENn: IH·:C;A IWIM; I IllS \I' I'Ll< ':\'liON l'llnmc: _0~rk A ._·_r _u_rn_c_o ________________ _ Mn ilin ~ ;\dtla·css: 2349 Occan fon:s t Dr. West, Atl ant i c Ueo<;h, f-lori da :n ~ __ _ l'lw nc : 904-6 20-1350 Fnx: not avai lable 1<:-n~ail : mark .tumco(rtJy a hoo.com ----- I U. S tnlcmc.:nl of fuels and nny s pecial rcnsons f or the: req uested W uivcr, which cJc m ons l ntlcs com pli mtn• w if h Section 24-~(1 (d ) of the Znning a nd S u bcl ivisinn nnd L~tnd Dcvclo p mc.:nl l~cg ulntious 1H1d spccilicnlly tlcscl'i hi ng lww I he I'(!C!II cst c um p li es with the C onditions n ccc.~sau·y f'o •· t h e ('ify C mumis.•li m a lu appnn c I ha s rcc,ucsl. Plcnsc l i Uac h n ddilion uf J>ngc.'> it' u cccl c d. We fli'C I'IXJlU.:s ting a W!!_ivcr from S~.:c. 1 ~.?.(f) which ~Jcc i lics tha t "ci rcu l.!!,!· dri ves shall onlY_ he pe rmitted 011 Jots havin g at least o ne hund red-foot fro ntage.:." Specifically. my rcqucs l m<;c ls th e I'Cq liii'Cillenl s or Sec. 24-46(d) in t hnl compliance wou ld bc i n conlfict with the p ub l ic II~ and would produce a p mctical imposs ibility. Our lot is IJ 1.12 fee t wide, on l y H. 9 lcct short o r the required fron tage. l l owevc r, we uccd to instnll n ci rc uit)!' d riveway to allow access to the guragc. Becau se of' t he locu t ion o f' a la rge, cx 1stmg and healthy o1:1k tree, we canno t put o pod m front of' the ga ru gc of mor e tha n abo ut 2 iCcf(j'lli.:ase sec altac hcd site p lan). Whi le ent ering th e pu d l'rom a sing le d r iveway to the so utT1 allows entr y 1nt o the g~mtgc, th e li iwte<.l pad w.th h mea ns o11CCaiiilot linck 6utsuiTir.;icn ll .. {f'iir enough to turn t he ve hic le and exit t hrough the sa m e drive. I l encc, compl in ncc w it h the ordi!Hmce wou ld create u practical i m r ossi bility 111 th at we could not ucccss o ur garage. IVc.; could c rea te sp ace to exte nd the pad to accomm odate a singJc_drivcway. but t ha t wou ld requ ~ the. rcmovnl of the large. hea lth oak tree, the only rem ni nin g oak in our fron t ya r d -a so lu ti on w h1c h is agninsl our des i re and i n connic t with tch stat ed policy of' t\tln lltif Acac h lo Jl'otcct a n~l promo t e l:auopy covcrugc . I h:ncc, we respectfu lly reques t n waiver li·om Sec . 19.7(1) and permission to bui ld a c irculur driveway per the ration al e above. -- ~-// ':J '' \ • uJ Q• _t.tJ ~I 'o< .-ul ' I.....JW :: =:: l"')l() .:<:t-.!"1 N~ NS"J (0<.0 <X) CO (/)(/) L / V'J)),rg ·got d ,9L '90L 11\1 ,1) 1\)(1,8 100.6 • uo 4 1()0 . .< h~l .l1 .... -........ AGENDA ITEM# SA SEPTEMBER 14,2015 I 1 I I J• I I J ol l).Jf I I " I ''\ .. / 0 fl(l - 'r .. 1). 1\GUND/\ TTEM : SUBMl'nED BY: DATE: BA CKGROUND: BUDGET: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Renewal of Liability and Work ers' Co mpen sation In surance Catherine Berry, Esq., Director of Human Resou rces C.0 August 26, 2015 ACf~NOA ITEM# 81l SEI'TEMBER 14, 20 1!i There are currently two ca rr ie rs th a t provide li a bility and workers' com pensa tio n coverage for muni cipalities: Preferred Governmental In surance Trust and Florida Municipal In surance Trust. Our in sur ance broker , I !arden an d Associates , gol bid s from both ca rrier s two yea rs ago and th e Cit y chose Flo rida Municipal Jn surance Trust for our Workers' Compensa tion in s uran ce and Prefe tTed Govcrn mcn tal lnsurance Tru st (PGIT) lo r all o th er liabilit y coverages. We have received prompt and efficie nt service from both carriers and they have pro vid ed except ional renewa l ra tes, with a s light (I %) net dec re ase in ove ra ll premiums lor next yea r. Public Officia ls & Emp loyment Practices Liability (EEOC C laim s) Auto Workers' Compensation Statutory Benefits : Accidental Dea th & Dismemberment Environ menta l Legal Liabi li ty Fid uciary Liabi lity Flood Net pre mium dec rease ofj usc over I % for liabilit y a nd worker s ' co mpen sa ti on insura nce, for a total premium de crea se of$4,9 82 .3 1 (from $432,987.31 in 20 15 to $428,005.00 in 20 16). RE COM MENDATIONS : I . Approve ren ewa l of all li a bility in s uran ces with Preferred Governmental Insurance Tru st for 20 15- 20 16 in the amount of$435,625.00 , to include Harden 's broker fee an d authori ze t he City Manager to s ign all re lated ren ewal documents. 2. Approve renewa l of ou r workers ' compensat ion insurance with th e Florida Lea g ue of Cities for 20 15-20 I 6 in th e amo unt of$ J 2 1 ,4 1 I , and authorize t he City Ma nager to sign al l re lated re newa l documents. REVfE WED BY C ITY MANAGER:~?-'4<7~.u' AGENDA ITEM: SUBMITTED BY: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT LIUNA Local 630 "Blue Collar" Union Contract extension Catherine Berry, Esq., Human Resources Director C8 DATE: August 26, 2015 AGENDA ITEM #8C SEPTEMBER 14, 2015 BACKGROUND: The three-year contract that the City of Atlantic Beach entered into with the LIUNA Local630 "Blue Collar" Union expires September 30, 2015. The Union has a new Field Representative, Ronnie Burris, who was hired just months ago and who has several entire contracts to renegotiate with other municipalities. Therefore, he has proposed that, instead of renegotiating a whole new contract with the City of Atlantic Beach at this time, the parties agree to extend the current contract for one year, begin negotiations within the near future for a new two-year contract (20 16-20 18), which would keep us on the same three-year agreement schedule. The Union has agreed to the City's proposal for wages, pending Commission approval of the budget. BUDGET: Employee raises, if approved by the Commission, will total $42,345 for Blue Collar employees and this figure is included in the proposed FY 2015-2016 budget. RECOMMENDATION: That the City Manager be authorized to sign the attached agreement to extend the current LIUNA Local630 "Blue Collar" contract for one year and including the wage proposal, contingent upon approval of the budget by the Commission. ATTACHMENTS: City of Atlantic Beach Union Proposal2015-2016. REVIEWED BY CITY MANAGER: "?1-~ac.-. /~ City of Atlantic Beach Union Proposal 2015-2016 AGENDA ITEM #8C SEPTEMBER 14, 2015 Wage Proposal: For all FT employees who have been with the City for at least six months and have a satisfactory performance evaluation: I% COLA increase to pay scale and 3% merit increase, added to midpoint, contingent upon approval of the City budget by the Commission, at which point it would be effective October I, 2015, assuming an executed agreement with the Union. Contract Extension: The Union agrees to extend the current contract to September 30, 2016 except for the above wage proposal. Furthermore as part of the extension the Union would like to start negotiations as soon as possible after October 1, 2015 and that contract would be good for a period of two (2) years ending September 30, 2018. IN WITNESS THEREOF, the parties have caused this Agreement to be signed in their respective names by their respective representatives . FOR THE CITY: Nelson Van Liere City Manager Date FOR THE UNION: Business Manager, Local 630 Date CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM /180 SE f'TEMBEI{ 14, 20 1S AGENDA ITHM: Coastal Ji'lorida PBA Negotiatio ns 20 15-20 l 8 Contract Ca therine Berry, Esq., Human Re so urces Direc tor CB SUBMITTED BY: DATE : August 28, 20 15 BACKGROUND: The three-year co ntract that the City of Atl antic Beach entered into with the Coasta l Florida Po l ice Benevolen t Association expires September 30, 20 I S. The City and Uni on had three public ne got iati on meetings and came to an agreement, pending ratification and Com mi ssion approval on a new co ntract that benefi ts both the City and the Union membe rs. The key provisions in the co ntract that have been changed arc as follows: I' age ll 5 22 37 41 4 1 42 Article Table of Co ntents Agreement Art. 4 Employment Guidelines Art. 13.1 d . Persona l Leave Hours Art. 23.7 Uniforms Art. 26 Wages Art. 26.2 Wages Art. 26.3 Wages Description Article 29 becomes MUTUAL CONSENT Changed year to 2015 in cluded "in writing" and deleted "if app rop ri ate" In cluded "sex ual orien tation'' and "gend e r id e nti ty", as well as "or any other non-merit factor except where age or sex is a bona fide occupational qualification for the job necessa ry for proper and efficient job performance." Deleted the first part of the prov is ion to le ave the maximum numb er of hours = 680. Added "to include Sergeants assign ed to s upervise the units" and add ed "This allowance shall not include up to two (2) department polo-style shirts bearing the Atlantic Beach Po li ce Badge." This j ust clari fic s cu rr ent pract ice. C hanged to 1% COLA to pay scale plu s 3% mer it added to midpoin t, contingent up on approval of the City budget by the Com mi ssion. Night s hift differentia l = $1/ho ur for hours worked between 6 p.m . and 6 a.m. Delete prior dates and rates so th at it read s that employees will contribute 8% toward their pension . 42 43 43 44 Art. 26.7 Wages Art. 26.9 Wages Art. 26.9 Wages Art. 26.11 Wages AC I~NOA ITEM #SD SEI'TEMHI.m 14,2015 Reduced FTO additive fo r PFC and SPO c lassifications to 7% due to new Ca reer Development Program. Sergeants and non-PFC or -SPO wi ll rece ive 10%. Deleted Acting Sergea nt and Lt additive due to new Career Deve lopment Program . Career Development Program: Adds two new c la ssifications of po li ce officers (Po li ce Officer Fi rst C lass -PFC -and Senior Po.li ce Officer -SPO) and outl ine s t he promotional oppo t1unitics. Deleted reference to e nd of longevi ty pay. 45 Art. 28.1 Added "loca l" law, "gender identity and sexua l Anti-Discrimination orientation", as we ll as "o r any oth er non-merit factor except w here age or sex is a bona fide occ up ati o na l qual i Cication for the job necessary for proper and efficient job performance." 45 Art. 28.2 Added "loca l" law Anti-Discrimination 46 51 Art. 29 Mutual Consent Article 34 Duration of Agreement Added this d ue to new law: Chapter 20 15-39 re: pension. I 00% of the accumulated excess premium tax revenues will be utilized to fund the unfunded liability of the Police Pension Fund until it is fully funded. Changed dates and signator ies. COAB package Deleted en tire page. proposal Attach A Current Pay Sca le BUDGET: Included in 20 15-2016 City Budget RGCO MMENDATION : That the Mayor be au th or ized to s ign the auachccl three-year (20 15-20 18) agreem ent with the Union , contingent upon approval or the budgcL by the Commission. ATTACHMENTS: City of Atlantic Beach and Florida Coastal PBA Con tract for 2015-2018. REVIEWED BY CIT Y MANAGER: '"?f~k_.e 2 AGREEMENT between COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION AND TilE CITY OF ATLANTIC BEACH AGENDA I TEM 1180 SEPTEMBER 14,20 15 - - TABLE OF CONTENTS AGENDA ITEM #8D SEPTEMBER 14, 2015 A1iicle No. Title Page AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Article 1 RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Article 2 PAYROLL DEDUCTION AND DUES.......................... 3 A1iicle 3 NO STRIKE PROVISION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Article 4 EMPLOYMENT GUIDELINES ................................ 5 A1iicle 5 MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Article 6 SPECIAL MEETINGS/.............. . . . . . . . . . . . . . . . . . . . . . . . . . 8 A1iicle 7 PROBATIONARY EMPLOYEES AND SENIORITY. . . . . . . . . . . . . . 9 Article 8 RULES AND REGULATIONS ................................ 11 Article 9 DISCHARGE AND DISCIPLINE .............................. 12 A1iicle 10 GRIEVANCE PROCEDURE .................................. 15 A1iicle 11 ARBITRATION PROCEDURE ................................ 18 Article 12 HOLIDAYS ................................................ 20 A1iicle 13 PERSONAL LEAVE HOURS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Article 14 LEAVES OF ABSENCE WITHOUT PAY ....................... 25 Article 15 MILITARY LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Article 16 BEREAVEMENT LEAVE .................................... 27 Article 17 HOURS OF WORK AND OVERTIME .......................... 28 Article 18 INJURY IN THE LINE OF DUTY .............................. 30 A1iicle 19 TUITION AID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 AGENDA ITEM #8D SEPTEMBER 14, 2015 Article 20 INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Atiicle 21 SAFETY AND HEALTH ...................................... 35 Atiicle 22 BULLETIN BOARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Atiicle 23 UNIFORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Article 24 MILEAGE ................................................. 39 Article 25 LEGAL SERVICES .......................................... 40 Atiicle 26 WAGES ................................................... 41 Article 27 ALCOHOL AND DRUG TESTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Article 28 ANTI-DISCRIMINATION .................................... 46 Atiicle 29 MUTUAL CONSENT ......................................... 47 Atiicle 30 AMENDMENTS ............................................. 48 Atiicle 31 SAVINGS CLAUSE .......................................... 49 Atiicle 32 SEVERABILITY ............................................. 50 Article 33 ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Atiicle 34 DURATION OF AGREEMENT ................................. 52 11 AGREEMENT AGENDA ITEM #SD SEPTEMBER 14, 2015 This Agreement is entered into this __ day of 2015 between the City of Atlantic Beach, hereinafter refened to as the Public Employer, or City, and the Coastal Florida Police Benevolent Association, Inc., hereinafter refened to as the Association. It is the intent and purpose of this Agreement to assure sound and mutually beneficial working relationships between the pmiies hereto, to provide an orderly and peaceful means of resolving misunderstandings or differences which may arise and to set forth basic and full agreement between the parties concerning wages, hours and other conditions of employment enumerated herein. There shall be no individual aiTangements or agreements covering any part or all of this Agreement contrary to the terms provided herein without coordination with and approval by the above parties, in writing. It is mutually understood and declared to be the public policy of the Public Employer and the Association to promote harmonious and cooperative relationships between the Public Employer and the Association and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions or government. Whenever a male pronoun is used in this Agreement it shall be construed to include reference to both sexes. ARTICLE 1 RECOGNITION AGENDA ITEM #8D SEPTEMBER 14, 2015 1.1 Pursuant to and in accordance with all applicable provtswns of Part II of Chapter 44 7, Florida Statutes, the Public Employer recognizes the Association as the exclusive collective bargaining representative for those employees in the unit certified by the Florida Public Employees Relations Commission (PERC) per Unit Cetiificate 1665 in the Atlantic Beach Police Department for the purpose of bargaining collectively in the determination of the wages, hours and terms and conditions of employment of those public employees within the bargaining unit. 1.2 It is further understood and agreed that the Association Staff Representative of record (who is the cetiified bargaining agent as per F.S. 447.301 (2) will be the official spokesman. In matters other than collective bargaining (i.e., the resolution of grievances, etc.) or in the absence of the Staff Representative, the Unit Representative or the alternate of the Atlantic Beach Police Department, will be the official spokesman for the Association in any matter between the Association and the Public Employer, only, however, on the matters which the Association has authority regarding its membership. The Association shall designate in writing the name of the Unit Representative and alternate. 1.3 The Association agrees to provide the City with the names of the officers for the Association and will specify the name of the alternate spokesman. The Association will also notify the City of any changes in Association negotiations team as soon as possible. 2 ARTICLE2 PAYROLL DEDUCTIONS AND DUES AGENDA ITEM #8D SEPTEMBER 14, 2015 2.1 Upon receipt of a written authorization from an employee covered by this Agreement, the Public Employer will deduct from the employee's pay the amount owed to the Association by such employee for dues. It is understood that this provision will provide for deductions equal to the number of pay periods per year. The Public Employer will submit to the Association the deducted sums within fifteen (15) calendar days of the normal payday. Changes in the Association membership dues and rates will be certified to the Public Employer in writing over the signature of the President of the Association and shall be done at least thirty (30) calendar days in advance of the effective date of such change. The City may notify Association members of any increase in dues in advance of such increase being deducted by the Employer. The Public employer's remittance will be deemed conect if the Association does not give written notice to the Public Employer within seven (7) calendar days after remittance is received of its belief and reasons stated therefore that the remittance is incorrect. 2.2 The Association will indemnify, defend and hold the Public Employer harmless against any claim made, and against any suit instituted, against the Public Employer as the result of any check-off of Association dues. 2.3 An employee may revoke his authorization for deduction of dues provided the employee gives thirty (30) calendar days written notice to the Public Employer. Upon receipt of such notification, the Public Employer shall forward a copy to the Association and terminate dues on the pay date immediately following the expiration of the thirty (30) calendar days notice period. 2.4 No deduction shall be made from the pay of an employee for any payroll period in which the employee's net earnings for that payroll period are less than the amount of dues to be checked off. Net earnings shall mean net after required deductions. 2.5 If there is an amount deducted in excess of what is authorized by this Agreement, the employee affected shall seek recourse with the Association and not the City, provided that the excess amount deducted was in fact remitted to the Association in the form of union dues. 3 ARTICLE 3 NO STRIKE PROVISION AGENDA ITEM #8D SEPTEMBER 14, 2015 3.1 The Association and bargaining unit members shall have no right to instigate, support, promote, sponsor, engage in, or condone, in any manner, any work stoppage, boycott, slow-down, strike, intentional disruption of City operations, or to withhold services for any reason. Management shall have the right to discharge or otherwise discipline any or all employees who violate the provisions of this paragraph. The only question that may be raised in any proceeding, grievance, judicial or otherwise, contesting such action is whether this provision was violated by the employee to be discharged or otherwise disciplined. 4 4.1 a. ARTICLE 4 EMPLOYMENT GUIDELINES AGENDA ITEM #8D SEPTEMBER 14, 2015 The Association, its representatives, members or any persons acting on their behalf agree that the following "unlawful acts" as defined in Chapter 447, Florida Statutes are prohibited; 1) Solicitation of public employees during working hours of any employee who is involved in the solicitation; or 2) Distributing literature during working hours in areas where the work of the public employees is perfonned such as offices, warehouses, schools, police stations, fire stations and any similar public installations. b. The circuit courts of the state shall have jurisdiction to enforce the provisions of this section by injunction and contempt proceedings if necessary. A public employee who is convicted of a violation of any provision of this section may be discharged or otherwise disciplined by the Public Employer notwithstanding further provisions of this or any other agreement. 4.2 The Public Employer and Association agree that the basic intent of this Agreement is to provide a fair day's work in return for a fair day's pay and to provide conditions of employment suitable to maintain a competent work force. The Public Employer and Association affirm the joint opposition to any discriminatory practices in connection with employment, promotion, training or assignment; remembering that the public interest requires full utilization of employees' skills and ability without regard to race, color, age, creed, religion, national origin, union affiliation or non-union affiliation, handicap, sex, sexual orientation, gender identity, marital status, or any other non-merit factor except where age or sex is a bona fide occupational qualification for the job necessary for proper and efficient job performance. Any complaint or issue concerning discrimination or discriminatory practices shall be addressed and handled pursuant to Article 28 of this Agreement. 5 ARTICLE 5 MANAGEMENT RIGHTS AGENDA ITEM #SD SEPTEMBER 14, 2015 5.1 Except as expressly provided for in this Agreement, the Public Employer retains the sole and exclusive right to manage its operations and direct the work of the bargaining unit employee, including the rights to decide the number and location of work stations, the operation of motorized equipment, the scope of service to be performed, the methods of service, the schedule of work time; to contract and subcontract existing and future work; to determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement; to maintain order and efficiency in its work stations and locations; to curtail or discontinue temporarily or permanently, in whole or in part, operation whenever in the opinion of the Public Employer good business judgment makes such curtailment or discontinuance advisable; to hire, lay-off, assign, transfer, promote, demote, and determine the qualifications of employees; to create new job classifications and to create and amend job descriptions; to determine the stmiing and quitting time and the number of hours to be worked; to require an employee to take a physical or mental examination, given by a health service, or a physician or psychiatrist selected by the Public Employer; to assign overtime work; to discipline, suspend, and/or discharge employees for just cause; and to have complete authority to exercise those rights and powers incidental thereto, including the right to make unilateral change, subject only to such regulations governing the exercise of these rights as are expressly and specifically provided in this Agreement. 5.2 The above rights of the Public Employer are not all inclusive but indicate the type of matters or rights that belong to and are inherent to the Public Employer in its capacity as manager of the Police Department of the City. Any of the rights, powers, and authority the Employer had prior to entering into this collective bargaining agreement are retained by the Employer, except as expressly and specifically abridged, delegated, granted or modified by this Agreement. 5.3 Any and all aspects of wages, hours, and working condition, which are not specifically covered by this Agreement, may be initiated, instituted, continued or discontinued without notification of or consultation with the Association. The Public Employer is not required to continue those voluntary aspects of wages, hours, and working conditions not included in this Agreement, but which were in effect prior to entering into this Agreement or instituted thereafter, nor shall the employees have any binding right to such matters. 6 AGENDA ITEM #8D SEPTEMBER 14, 2015 5.4 It is agreed that every incidental duty connected with operations enumerated in job descriptions is not always comprehensive and employees, at the discretion of the City, may be required to perform duties not within their specific job descriptions as long as they are related to Police Department operations and have the approval of the Chief of Police or their designee. 5.5 Whenever it is dete1mined that civil emergency conditions exist, including riots, civil disorder, hurricane conditions, or similar catastrophes, the provisions of this Agreement may be suspended by the Mayor, City Manager and/or Chief of Police during the time of the declared emergency provided that wage rates and monetary fringe benefits shall not be suspended. 5.6 The Public Employer's failure to exercise any function or right hereby reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver of this right to exercise such function or right, nor preclude the Public Employer from exercising the same in some other way, provided such do not conflict with the express provisions of this Agreement. 7 ARTICLE 6 SPECIAL MEETINGS AND ASSOCIATION TIME POOL Special Meetings: AGENDA ITEM #8D SEPTEMBER 14, 2015 6.1 The Public employer and the duly appointed representative(s) of the Association agree to meet and confer on matters of interest upon the written request of either patiy. 6.2 The written request shall state the nature of the matters to be discussed and the reason(s) for requesting the meetings. Discussions shall be limited to the matters set forth in the request or other subjects mutually agreed to, but it is understood that these special meetings shall not be used to renegotiate this or any other Agreement or for the resolution of grievances. 6.3 Such special meetings shall be held within ten (1 0) calendar days of the receipt of a written request if said meeting is jointly agreed to by both parties in writing. The meeting shall take place at a time and place mutually agreeable to by the parties. The Association shall have the right at these special meetings, to make recommendations to the Public Employer to improve department operations and resolve problems identified by the Association. 8 ARTICLE 7 PROBATIONARY EMPLOYEES AND SENIORITY AGENDA ITEM #SD SEPTEMBER 14, 2015 7.1 All employees shall be classified as probationmy employees for the first twelve (12) months of continuous unintenupted employment, during which time such employees may be laid off, disciplined or discharged with or without cause and without recourse to the grievance procedure but will be afforded all the protection as listed under F.S.S. 112. The City Manager and/or the Chief of Police have the discretion to extend the probationary period with cause. Provisions as to seniority shall not apply to probationary employees; rather, seniority shall date back to the time of hire after an employee has successfully completed his probationary period. If more than one employee is hired on the same day, seniority shall be determined by the day (1-31) of birth, with the employee with the lowest numerical day of birth having the most seniority. The employee with the longest date of position is most senior. 7.2 Seniority: Seniority as used herein, is defined as unbroken, continuous service with the Atlantic Beach Police Department as a full-time, sworn law enforcement officer. Authorized paid approved leave shall not reduce the officer's seniority and seniority shall compute from the date hired as a full-time, sworn law enforcement officer in accordance with applicable State and Federal Laws. Any unpaid leave shall be in accordance with applicable state and federal laws, i.e. Military Leave or FMLA. 7.3 Classification Seniority: Classification Seniority shall begin with the most recent service in the employee's classification, (e.g. Officer, Detective or Sergeant). Employees shall not attain seniority until the completion of the probationary period in their classification (probation is defined in Article 7 .I of this Agreement). Seniority shall relate to the most recent date of promotion in that classification. Employees that are returned to a lower grade position shall retain their seniority as if they had been serving continuously within the lower grade position. 7.4 Seniority shall benefit each classification as follows: a. Layoffs. Shall the need to layoff members of the Bargaining Unit exist, the City should use the documented performance records of the individual(s), seniority and the overall record before the layoff begins. 9 AGENDA ITEM #8D SEPTEMBER 14, 2015 b. Position Elimination. If a sergeant's or detective's position is eliminated or abolished, the sergeant or detective will return to the position previously held, if a vacancy exists, without losing seniority in the classification to which he/she is returned. If there is no vacancy within the previously held position, the sergeant or detective shall be returned to the next lower position and be given priority consideration whenever a vacancy within the higher position previously held occurs. 7.5 Seniority shall be lost for the following reasons: a. Voluntary resignation b. Retirement c. Termination d. Failing to return to work from authorized leave of absence 10 ARTICLE 8 RULES AND REGULATIONS AGENDA ITEM #80 SEPTEMBER 14, 2015 8.1 Any general order issued after the effective date of this Agreement shall remain in full force and effect, if not in conflict with any Article or Section in this Agreement. All other general orders shall remain in full force and effect and the Employer retains the right to issue other general orders in its sole discretion as long as they comply with State and Federal Laws. 8.2 The City shall have the right to establish, maintain and enforce, or rescind, amend or change, reasonable rules and regulations and standard operational procedures as long as they comply with State and Federal Laws. 8.3 Any employee violating a rule or regulations or standard operational procedure may be subject to disciplinary action, including dismissal. 11 ARTICLE 9 DISCHARGE AND DISCIPLINE AGENDA ITEM #8D SEPTEMBER 14, 2015 9.1 The Employer has the right to discharge, suspend or otherwise discipline employees for just cause. The Employer shall consider, among other things, the seriousness and frequency of offenses when determining the appropriate discipline, which may include a warning, suspension or immediate discharge. Employees are not entitled to a particular number of warnings prior to the imposition of discipline, including discharge. 9.2 The following acts shall be grounds for discipline up to and including discharge. a. Falsifying statements or records; b. Stealing; c. Drinking or possessing alcoholic beverages while on duty, unless authorized by the Chief of Police; d. Possessing, using or selling a controlled substance, including but not limited to, narcotics, marijuana, or barbiturates, other than that prescribed by a physician of the employee unless authorized by the Chief of Police; e. Being under the influence of a controlled substance other than that prescribed by a physician for the employee, or being under the influence of an alcoholic beverage which would also be a violation of Article 9.2j; f. Recklessness or negligence while on duty; g. Violation of the no strike provision ofthis Agreement; h. Violation of a published work rule or regulation or standard operational procedure; 1. Failure to immediately report vehicle accidents involving damage to any City property; J. Conduct that could bring discredit to the Employer; k. Having committed and/or convicted for felony, driving while under the influence of alcohol, or narcotic substances, crime involving moral turpitude, or a misdemeanor involving pe1jury or a false statement, or a misdemeanor evidencing bad moral character; 12 AGENDA ITEM #8D SEPTEMBER 14, 2015 1. Leaving the working area during working hours without authorization; m. Sleeping while on duty; n. Fighting, wrestling, horseplay, or any other act which might interfere with the safe or efficient operation of the Employer; o. Unauthorized absence; p. Unauthorized tardiness; q. Repeated failure to achieve a satisfactory evaluation of work performance; r. Refusal to cooperate during an investigation; s. Insubordination; t. Conduct unbecoming a city employee; or u. Refusal to obey the lawful commands of a superior officer, City Manager, or their designee. The foregoing enumeration of grounds for discipline are by way of illustration and shall not be deemed to exclude management's right to discipline, or discharge, employees for any other cause. 9.3 Failure to discipline an employee for violation of these rules, regulations, and/or standard operational procedures shall not affect the right of the City to discipline the same or other employees for the same or other violations of the same rules, regulations, and/or standard operational procedures. 9.4 The City may use progressive discipline keeping in mind the officer's previous records and the ability to use training as a means to correct the situation. Except for serious violations, supervisors and department heads are encouraged to utilize progressive discipline. Progressive discipline is an approach in which a sequence of penalties is administered, each one slightly more severe than the previous one. The goal is to build a discipline program that progresses from less severe to more severe in terms of punishment for similar or like offenses. Steps within a progressive discipline system that should be considered are: 13 AGENDA ITEM #SD SEPTEMBER 14,2015 a. Counseling. Does employee understand rules, policies, etc., and what is expected of them? Such action may or may not be documented in writing; however, the supervisor should maintain a record (date/time/subject) of counseling. This action does not constitute official disciplinary action and is considered as an administrative action. b. Written Warning. Places employee on notice that further acts will result in more severe disciplinmy action. Such action must be documented in writing by use of an official Employee Counseling Form and may, or may not, be placed in employee's official personnel records. This action does not constitute official disciplinary action and is considered as an administrative action. c. Official Reprimand. Written action that is placed within employee's official personnel records. Such action should be documented, in writing, by use of official Employee Counseling Form. d. Suspension. Normally, the final step in the disciplinary process prior to termination. Such action must be fully documented and should be coordinated with the Human Resource Manager prior to implementation. e. Demotion. Depending on circumstances, it may be appropriate over removal. Such action must be fully documented and should be coordinated with the Human Resource Manager prior to implementation. f. Removal (same as termination). The most severe disciplinary action. Such action must be fully documented and should be coordinated with the Human Resource Manager prior to implementation. 9.5 Florida State Statute 112.532, (the Law Enforcement Officers' Bill of Rights as amended from time to time) shall apply whenever a law enforcement officer is under investigation and subject to intenogation by members of his/her agency for any reason which could lead to disciplinary action, demotion or dismissal. Florida State Statute 112.533 shall be complied with for the receipt and processing of complaints received. 9.6 Employees shall be notified at the earliest practicable time following the request by a private citizen to review the personnel file of the employee. 9.7 Files maintained by the Internal Investigation Division will be purged by applicable State and Federal Laws. 9.8 The City will comply with Section 119.07 of the Florida Statutes and will not release information of members of the Bargaining Unit unless allowed by law. It shall be the right of any officer, at any reasonable time to inspect and request a copy of his/her personnel records and completed internal affairs files. 14 ARTICLE 10 GruEVANCEPROCEDURE AGENDA ITEM #8D SEPTEMBER 14, 2015 10.1 In a mutual effort to provide harmonious working relations between the parties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances between the parties arising from an alleged violation of specific terms of the Agreement as provided in this Article. 10.2 For the purpose of this Agreement, a grievance is defined as a disagreement between the Public Employer, Association and one or more of its employees concerning the interpretation, application, or compliance with this Agreement, including disagreements regarding discipline. 10.3 Grievances may be taken up during the working time of the grievant upon the mutual agreement between the Public Employer and the Association. Affected personnel of the Department will follow the steps as numerically outlined where they are organizationally feasible. In issues dealing with discipline, the City and Association agree that due to the organizational structure of the Police Department, subordinate supervisors are not authorized to circumvent decisions of a higher ranking supervisor or the Chief of Police. Therefore, a grievant may file the first step of the grievance with the supervisor who is alleged to have breached this Agreement. If the grievant is grieving a discipline issue, the grievance shall be filed with the supervisor who directed the discipline. 10.4 All grievances proceeding to Step II must be reduced to writing and must contain the following information: a. The specific Article and Section of this Agreement alleged to have been violated by the Public Employer; b. A full statement of the grievance, giving a description of the facts and dates and times of the events involved in the alleged violation, and the specific remedy desired by the grievant; c. Signature of grievant, or Staff Rep. if grievance is being submitted by the Association, and date signed; and, d. Designation letter signed by the grievant, if applicable, designating any representative appointed to represent them during the grievance process. Failure of the grievant to comply with this section shall make the grievance null and void. 15 AGENDA ITEM #8D SEPTEMBER 14, 2015 10.5 All grievances shall be processed in accordance with the following procedure: Step 1 -The grievant shall orally, or in writing, present his grievance to his immediate supervisor within ten (1 0) working days of receipt of an official written notice or of the occurrence of the action giving rise to the grievance, provided that should the action giving rise to the grievance occur while the employee is on authorized paid leave of absence or is on his scheduled day( s) off the grievant shall have ten ( 1 0) working days from returning to duty to orally, or in writing present his grievance. Discussions will be informal for the purpose of settling differences in the simplest and most effective manner. The immediate supervisor will discuss and make an effort to resolve all legitimate grievances with fairness and justice for both the grievant and the Public Employer. The immediate supervisor shall orally communicate a decision to the grievant within ten (10) working days from the date the grievance was presented to him. Step 2 -If the grievance is not settled at the first step, the grievant and/or his designated representative shall within ten (1 0) working days of the response under step 1 present the grievance in written form (in compliance with Article 1 0.4) to the Chief of Police with a copy to the City Manager. The Chief of Police or his designee, shall investigate the alleged grievance and shall within ten (10) working days of receipt of the written grievance conduct a meeting with the grievant, his representative (as appropriate), and the Association if the grievant requests Association representation. The Chief of Police or his designee shall notify the grievant, in writing, of his decision no later than ten (10) working days following the meeting. Note: If the Step 1 Grievance was submitted to the Chief of Police and a Step 1 meeting with the grievant has been held, another meeting at Step 2 is optional and at the discretion of the Chief of Police. Step 3 -If the grievance is not settled at the second step, the grievant and/or his representative shall within ten (1 0) working days from the date of the Chief of Police's decision present the written grievance to the City Manager or his designee. The City Manager, or his designee, shall investigate the alleged grievance and may within ten (1 0) working days of receipt of the written grievance conduct a meeting with Public Employer representatives, the grievant and the Association if the grievant requests Association representation. The City Manager or his designee shall notify the grievant in writing of his decision not later than ten (1 0) working days after the date the grievance was received by the City Manager, or from the date of the meeting, if conducted. 16 AGENDA ITEM #8D SEPTEMBER 14, 2015 Step 4 -If a grievance, as defined in this Article, has not been satisfactorily resolved within the Grievance Procedure, the Association Staff Representative of record may request arbitration in writing to the Office of the City Manager no later than ten (1 0) working days after the response is received in Step 3 of the grievance procedure. 10.6 It is the mutual desire of the Employer and the Association that grievances shall be adjusted as quickly as possible and to that end the time limits set forth in this Aliicle are to be strictly enforced. The time limits may only be extended by mutual written agreement. The term "work days" as used in this Article include days that the City Hall is open for business (excluding authorized absences of either party). For the purpose of calculating time limits, the day on which a grievance, or a reply by management to a grievance, is received, shall not be counted. Failure of management to observe the time limits for any step in the Grievance Procedure without a mutually agreed written extension of time shall entitle the grievant (or the Association in the case of Step 4) to proceed to the next Step of the Grievance Procedure as outlined in this Article. Failure of the Association to observe the time limits for any step in the Grievance Procedure without a mutually agreed written extension of time shall terminate the grievance. 17 ARTICLE 11 ARBITRATION PROCEDURE AGENDA ITEM #8D SEPTEMBER 14, 2015 11.1 Whenever the Association requests arbitration in accordance with the provisions of Article 10, the parties shall within ten (1 0) working days following appeal to arbitration jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators, each of whom shall be a member of the National Academy or Arbitrators. Arbitrators shall be selected from such panel by alternately striking names from this list (the Association shall make the first strike) until only one name remains on the list. 11.2 The limitations of the powers of the Arbitrator are as follows: a. The Arbitrator shall not have the power to add to, subtract from, or alter the terms of this Agreement; b. The Arbitrator shall have no power to establish wage scales, rates for new jobs, or to change any wage; c. The Arbitrator shall have only the power to rule on matters arising under this Agreement and is confined exclusively to the question(s) which is presented to him which question(s) must be actual and existing; d. If the subject of the grievance submitted to arbitration concerns disciplinary measures (including discharge) taken against one or more employees, the Arbitrator is only empowered to pass upon whether the employee or employees concerned actually committed, pmiicipated in, or were responsible for the act of misconduct. The Arbitrator has no authority to pass upon the nature, extent, or severity of the disciplinary measure(s) taken, such determination being solely a managerial prerogative. If the Arbitrator finds that the employee has not committed, participated in, or was not responsible for, the act of misconduct for which he has discipline, the Arbitrator has the power to make the employee or employees whole, including ordering back pay (less compensation received from any other sources) for time lost, and reinstatement when applicable. 11.3 There shall be no appeal from the Arbitrator's decision; it shall be final and binding on the Association and on all bargaining unit employees and on the Public Employer, provided the Arbitrator's decision is not outside or beyond the scope of the Arbitrator's jurisdiction, or is not in violation of public policy. The authority and responsibility of the Public Employer, as provided by Florida Law, shall not be usurped in any matter. 18 AGENDA ITEM #SD SEPTEMBER 14, 2015 11.4 The Arbitrator will charge the cost of his services to the losing party of each grievance. Each side will pay its own representative and witnesses. The cost of a court reporter and the transcription fee shall be paid by the party requesting the court reporter and/or a transcription of the proceedings. 19 ARTICLE 12 HOLIDAYS AGENDA ITEM #8D SEPTEMBER 14, 2015 12.1 The following are recognized as holidays under the terms of this agreement: New Years Day Mmiin Luther King's Bitihday President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Christmas Day Any day that the City Commission may designate NOTES: January 1st 3rd Monday in January 3rd Monday in February Last Monday in May July 4th 1st Monday in September November 11th 4th Thursday in November Friday after Thanksgiving December 24th December 25th For union members that work shifts, Holidays shall be observed on the actual date that they occur. For union members that work a Monday through Friday workweek: Whenever Christmas falls on a Saturday, Christmas shall be observed on the preceding Friday with Christmas Eve observed on the preceding Thursday. Whenever Christmas falls on a Sunday, Christmas shall be observed on a Monday with Christmas Eve observed on the preceding Friday. Whenever Christmas falls a Monday, Christmas shall be observed on Monday with Christmas Eve observed on the preceding Friday. 12.2 Not Scheduled to Work a Holiday: Employees who are not scheduled to work on the observed holiday shall receive at the discretion of the Public Employee either eight (8) hours pay at the employee's regular straight time hourly rate of pay or eight (8) hours of compensatory time, at the straight time rate. 20 12.3 Scheduled to Work a Holiday: AGENDA ITEM #8D SEPTEMBER 14, 2015 Worked the Holiday. Employees whose work shift starts on the holiday shall receive Holiday pay equal to their scheduled shift (8, 10, 12, etc. hours), plus be paid the employee's regular hourly rate of pay, or provided compensat01y time, hour-for-hour, for each hour worked during that shift. The minimum accrual of holiday pay will not equal less than eight (8) hours. Did Not Work the Holiday, i.e., approved to take the Holiday off. Employees shall receive Holiday pay equal to their scheduled shift (8, 10, 12, etc. hours) and shall not be required to take Personal Leave or receive any additional compensation for the Holiday. 12.4 In order to be eligible for holiday pay the employee must have worked the last scheduled working day immediately prior to the holiday and the first regularly scheduled working day immediately after the observed holiday unless the employee is on paid vacation, military leave, paid sick leave substantiated by a doctor's certificate, or other paid absences excused by the Chief of Police. Employees must be expected to return to work in order to receive holiday pay. 12.5 Employees who have been assigned holiday work and fail to report for and perform such work without reasonable cause shall not receive pay or compensat01y time for the holiday and shall be subject to appropriate disciplinmy action. 12.6 Employees who are on an unpaid leave of absence or layoff on their last scheduled workday proceeding the day on which such holiday is observed shall not receive pay or compensatory time for the holiday. 12.7 The accrual and payout of compensat01y time under this Section shall be governed by the provisions of A1ticle 17. 21 ARTICLE 13 PERSONAL LEAVE HOURS AGENDA ITEM #8D SEPTEMBER 14, 2015 13.1 The "Personal Leave Hours" concept is advancement from the traditional vacation and sick leave system. a. When a Personal Leave Hour is used for illness or other emergencies, employees are required to notify the on-duty supervisor, or if he/she is unavailable the Communication Center of the nature of the illness or emergency at least one hour prior to the start of the employees shift. When an employee is planning to use Personal Leave or Compensatory Time off, he must submit his request for the leave in writing to the Police Chief, or his designee, at least fourteen (14) calendar days, prior to the first day of the intended absence. The Chief of Police, or his designee, shall respond to the request within seven (7) days, not including Saturday, Sunday, or holidays, of receipt of the request. Approval of the leave may be denied if in the discretion of the Chief, or his designee, such leave would pose an undue disruption of the department. The employee's supervisor may approve any leave without fourteen (14) days prior notice so long as the employee is not absent for more than forty ( 40) hours. The granting or denial of this request shall be the discretion of the Division Commander of the work shift that is affected. b. Minimum units charged against Personal Leave under sections 13.1a shall be in increments of fifteen (15) minutes or more. c. For Personal Leave hours used for illness, the City always retains the right to require medical documentation of the illness. d. The maximum number of personal leave hours which may be accrued and canied forward to the following fiscal year is 680 hours. Employees should make every attempt to schedule and use their personal leave prior to the end of each fiscal year. Failure to use the personal leave time will result in forfeiture on October 1 of each fiscal year of any time that exceeds the 680 hour limit. If a personal leave request is cancelled by the City due to no fault of the employee and cannot be rescheduled prior to the end of the fiscal year, their 22 AGENDA ITEM #8D SEPTEMBER 14, 2015 City Manager head may approve the employee to cany-over the personal leave hours that were canceled. In such unusual case, the employee must use these personal leave hours prior to the end of the next fiscal year. e. No Personal Leave Hours may accumulate to an employee who is in a non-pay status or utilizing donated leave. f. Eligible employees who resign with at least two (2) weeks' prior written notice of resignation to the City Manager, are laid off, or who retire shall be paid for up to 680 unused personal leave hours as follows: (1) Employees hired by the City before October 1, 2012, with ten (10) or more years of completed service on the date their employment ends shall be paid out 1 00% of the personal leave hours accrued (up to a maximum of 680 hours). (2) Employees hired by the City before October 1, 2012, with less than ten (1 0) years of completed service on the date their employment ends shall be paid out 50% of personal leave hours accrued (up to a maximum of 680 hours). (3) Employees hired by the City on or after October 1, 2012, shall be paid out 50% of personal leave hours accrued (up to a maximum of 680 hours). 13.2 In the event of the employee's death, the balance of the employee's Personal Leave shall be paid to the beneficiary of the deceased employee. 23 AGENDA ITEM #8D SEPTEMBER 14, 2015 13.3 Effective on the date of ratification of this Agreement by both parties personal Leave time shall accumulate during each pay period and shall be credited to the employee at the end of each pay period using the following schedule: Beginning Thru Hours per Total Annual Year of Year Pay Period Hours Employment First Year 4.62 120 1 3 5.54 144 4 5 6.15 160 6 7 6.77 176 8 10 7.69 200 11 12 8.31 216 13 14 8.92 232 15 9.54 248 24 ARTICLE 14 LEAVES OF ABSENCE WITHOUT PAY AGENDA ITEM #8D SEPTEMBER 14, 2015 14.1 The City shall conform to the Family Medical Leave Act (FMLA) with FMLA eligible employees entitled to leave per a twelve (12) month period for the periods and reasons as specified in the FMLA. 14.2 Leaves of absence without pay may also be granted for other reasons deemed acceptable to management other than those covered in under the FMLA. 14.3 All leaves, with or without pay, should be requested by the employee in writing and should be approved in writing before becoming effective. 14.4 Requests for Military Leave shall be submitted in accordance with Article 15. 14.5 Any approved Leave Without Pay (LWOP) shall become effective only after the employee has utilized all available paid leave and compensatory time to which they may be entitled. 14.6 An employee's starting date will be adjusted for leaves of absence without pay, unless restricted by State or Federal law. 25 ARTICLE 15 MILITARY LEAVE AGENDA ITEM #8D SEPTEMBER 14, 2015 15.1 The City will grant employees leaves of absence for military duties as dictated by the requirements of state and federal laws. 15.2 Employees requesting military leave are responsible for notifying the Chief of Police as soon as possible of the dates for such training period(s). 15.3 An official set of military orders should be submitted as soon as possible, but in no case shall an employee be paid for Military Leave until an official set of orders or appropriate documentation have been received. 26 ARTICLE 16 BEREAVEMENT LEAVE AGENDA ITEM #SD SEPTEMBER 14, 2015 16.1 Employees covered by this agreement may be granted, upon approval of the Chief of Police, time off with pay not to exceed three calendar days, in the event of a death in the employee's immediate family for the purpose of attending the funeral and/or attending to related obligations of the deceased relative. An employee may be granted up to four ( 4) hours off with pay if the employee is required to act as a pallbearer for a deceased member of the Atlantic Beach Police Department. 16.2 The employee's immediate family shall be defined as the employee's spouse, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law, grandparents, step-parents, step-child, step-brother, step-sister and any other member of kinship who may be residing under the same roof with an employee during the time of death. 16.3 Funeral leave or bereavement leave shall be paid leave and not charged to personal leave days. 16.4 The employee may be required to provide the Chief of Police with verification of death before compensation is approved. 27 ARTICLE 17 HOURS OF WORK AND OVERTIME AGENpA ITEM #SD SEPTEMBER 14,2015 17.1 The bargaining unit employee's basic work period shall be based on the Fair Labor Standards Act (FLSA) with a work period of fourteen (14) days. The basic work period for an employee covered by this Agreement will consist of up to eighty-four (84) hours per 14-day work period. When the City deems it necessary, the basic work period may be changed, provided the employees are given at least seven (7) calendar days notice prior to the change. 17.2 Whenever the Chief of Police or the City Manager permits an employee (at the employee's request) to attend a training seminar or training program which is not specifically assigned, the employee shall have no right to receive any compensation or compensatory time for the hours spent traveling to or from or attending the seminar or program. However, the Chief of Police or City manager may at their discretion compensate the employee for attending the seminar or program and/or reimburse the employee for travel or lodging expenses. Such decision is not subject to the grievance or arbitration procedures of this agreement. 17.3 Except as provided in Section 17.4, all hours worked in excess of 84 hours during an employee's basic scheduled work period shall be considered ove1iime and shall be compensated at the rate of one and one-half (1 Yz) times the employee's regular hourly rate of pay. 17.4 An employee will have the option of receiving compensatory time off or overtime pay provided 85% or more or the overtime budget has not been expended at the time the overtime work is performed. However, the maximum amount of compensatory time, which may be accrued under this agreement (including Article 12 and Article 17), is one-hundred (1 00) hours of compensatory time. Under this Article, compensatory time shall be accrued at the same rate as overtime pay. Once an employee accrues one-hundred (1 00) hours of compensatory time, no further accrual of compensatory time will be allowed. Thereafter, hours worked in excess of an employee's regular scheduled two week work period shall normally be paid to the employee. 17.5 For the purpose of taking compensatory time off, the employee shall, in accordance with procedures for Personal Leave, Article 13, request to be allowed to utilize his accrued hours. All accrued compensatory time off must be taken during the fiscal year (October 1 -September 30) in which it is earned. If not, the employee shall receive a cash payment for the excess unused compensatory time on or after the last pay period of the fiscal year but no later than September 30th of the same fiscal year at the regular hourly rate earned by the employee at the time the employee receives such payment. Note: 28 AGENDA ITEM #SD SEPTEMBER 14,2015 Employees will not be paid for Compensatory Time unless their Compensatory Time payment amount equals or exceeds one hour. 17.6 Hours worked in excess of the employee's normal scheduled hours due to emergency situations such as hmTicanes, tornadoes, civil disorders and other like matters as declared by the Chief of Police, will be compensated for at the rate of one and one-half (1 'lS) times the employee's regular hourly rate of pay. 17.7 When an employee is required to appear as a witness at a deposition, trial, or hearing on a pending criminal, civil, or traffic case or as a witness in a pending departmental disciplinary action, where the employee is or was involved in his official police capacity, and such appearance occurs when the employee is scheduled to be off duty, he shall be compensated at the employee's regular rate of pay for the reasonable time spent traveling to and from the location of the deposition, trial, or hearing and for the time spent in perfmming his duties as a witness, with a minimum of three (3) hours. Provided, however, the employee must submit to the Police Chief a copy of any notice of deposition or subpoena and must remit to the City any witness fee or fees received in connection with the appearance that exceed twenty dollars ($20.00) excluding travel reimbursement, unless City transportation is furnished in which case travel reimbursement should not be requested or accepted or if receive such fee will be signed over to the City. 17.8 In changing individual work schedules, management will take into consideration the interests of the employees affected and the needs of the department. The City will give as much advance notice as possible. Where possible there should be a minimum of twelve hours between the completion of the employee's prior work shift and the beginning of the next work shift. This section does not apply in overtime circumstances. 17.9 Training days are viewed as hours worked, and the City may assign and/or reschedule training days at the City's discretion. Scheduled training days are mandatory work days and are generally in addition to the Officer's regular schedule. Failure to attend scheduled training will be treated as any other missed work day. Training days will be scheduled by the City as soon as possible but in not case with less than 30 days notice to the employee. 29 ARTICLE 18 INJURY IN THE LINE OF DUTY AGENDA ITEM #8D SEPTEMBER 14, 2015 18.1 Any employee covered by this Agreement who sustains a temporary disability as a result of accidental injury in the course of and arising out of employment by the Public Employer, shall, in addition to the benefits payable under the Workers' Compensation Law of the State of Florida, be entitled to the following benefits: a. When an employee is absent due to compensable injury, the City will pay one-hundred percent (1 00%) of an employee's average daily earnings for each regularly scheduled work day missed beginning with the first calendar day of the authorized disability, and continuing through the seventh calendar day of the authorized disability. However, in no case shall these payments and those paid through Workers' Compensation exceed the employee's nmmal net salmy. Any amount paid by the city to the employee who is subsequently paid by Workers' Compensation shall be reimbursed by the employee to the city. b. An employee sustaining a lost time injury under this Article may use accumulated Personal Leave days to cover the time off the job due to an injury until he is compensated by Workers' Compensation. Personal Leave days can be used to supplement that percentage (33 1/3%) of his pay which is not covered by Workers' Compensation. The request to allow the employee to do the above must be made to the Chief of Police in writing. 18.2 In addition to the benefits afforded under section 18.1 (a), an employee, subsequent to exhausting all Personal Leave days, may be awarded special benefits by the city if special circumstances are found to exist in the sole opinion of the City Manager. But such payments shall not, when added to Workers' Compensation benefits, total more than the normal regulm pay received by the employee immediately prior to such disability, nor may such payments continue longer than one year from the date of injury. Factors which the City Manager may consider in each instance are as follows: a. Consideration of degree of responsibility of employee/employer. b. Obedience to or violation of laws, statutes, or ordinances involved m connection with the causes of such disability. c. Obedience to or violation of any Department rules, regulations and policies procedures, published work rule or instructions to the employee by supervisors involving the cause of the disability. 30 AGENDA ITEM #8D SEPTEMBER 14, 2015 The decision to grant or deny special benefits is not subject to the grievance or arbitration provisions of the agreement. 18.3 The City may require the employee to be examined every twenty (20) calendar days by a medical doctor selected by the City to determine whether the employee should be continued on such leave or returned to duty. 18.4 In the event that an employee fails to return to work due to a disagreement between medical doctor(s) for the employee and the city, then the city shall select a third, duly qualified medical doctor who shall resolve the medical disagreement. This medical examination shall be at the employee's expense. In resolving the disagreement between the employee's doctor and the city's doctor the decision of the third doctor shall be final and not subject to grievance. 18.5 Where injury is caused by the lmowing refusal of the employee to use a safety appliance provided by the City, the Workers' Compensation benefits shall be reduced twenty-five percent (25%). Failure to obey safety regulations or to use safety devices shall result in disciplinary action, up to and including discharge. 31 ARTICLE 19 TUITION AID AGENDA ITEM #8D SEPTEMBER 14,2015 19.1 Any full time employee who has completed the initial probationary period will be eligible to take courses which are approved in advance by the Police Chief as being law enforcement related or for career development. Upon successful completion of the course, the city shall reimburse the employee as follows Reimbursable Items. An employee who successfully completes an approved course where grades are assigned with a grade of "C" or better, or obtains a satisfactory completion certificate when grades are not assigned will be reimbursed 100% ofthe tuition, lab fees, registration fees, and costs for books. Any member attending courses toward a Master's Degree may be reimbursed up to 100% at the sole discretion of the City Manager. Non-reimbursable items. 100% of the costs of supplies, transportation, parking, equipment, plus all other fees not listed in this article will be the responsibility of the employee. The employee must present written evidence of completion of the course and the grade achieved to validate payment from the employer. The employee shall supply the Chief of Police with written notice of the course(s) to be taken, information on the course(s) content and the cost of each course, and receive approval prior to registration for the course(s) which the employee is requesting reimbursement. 19.2 An employee who does not remain with the City for a minimum of one (1) full year after completion of a course for which he has received education assistance shall repay the reimbursement to the city at the rate of 1/12 111 of the total received for each month remaining on the 12 month commitment. 19.3 Should there be no funds available from the City Training Fund the City will not be required to reimburse the employee under Section 19 .1. The City will advise the employee before the employee takes a course if the City anticipates that no funds will be available. 19.4 In the event the employee is eligible for tuition aid from any other source, such as, but not limited to Veteran's Benefits, the payments due under this article will be reduced by the amount of benefits paid by other sources. 19.5 In addition to salary incentive monies called for in Florida State Statute 943.22, an employee shall receive a monthly educational incentive from the City as follows: 32 Degree Associates or documented evidence of eligibility for an Associates Degree Bachelors Degree 33 AGENDA ITEM #8D SEPT~MBER 14, 2015 Monthly Amount $ 50.00 $ 100.00 ARTICLE 20 INSURANCE AGENDA ITEM #80 SEPTEMBER 14,2015 20.1 The City agrees to provide employees with a group term life insurance policy providing for coverage equal to the annual salary of the employees, but not to exceed $50,000. The City agrees to pay the premiums for the employees' coverage for such insurance. 20.2 The City agrees to provide employees with the basic health insurance group program as offered to other City employees. The City agrees to pay the same amount of premium for the same insurance coverage for bargaining unit members as it does for other City employees. Dependent coverage for medical and other insurance offered by the City will be available by payroll deduction at the employees' expense. 34 ARTICLE21 SAFETY AND HEALTH AGENDA ITEM #SD SEPTEMBER 14, 2015 21.1 The Public Employer and the Association agree that they will conform to all laws relating to safety, health, sanitation and working conditions. The Public Employer and the Association will cooperate in the continuing objective of elimination safety and health hazards where they are shown to exist. 21.2 Safety practices may be improved upon from time to time by the Public Employer and upon recommendations of the Public Employer and the Association. Protective devices, apparel, and equipment when provided by the Public Employer must be used and any failure to obey safety regulations or to use safety devices shall be just cause for disciplinary action. 35 ARTICLE22 BULLETIN BOARDS AGENDA ITEM #SD SEPTEMBER 14, 2015 22.1 The Association may be permitted to provide for its own use one bulletin board not to exceed four feet times three feet ( 4' x 3') in dimension, provided the bulletin board shall be located only in the squad room. 22.2 The Association agrees it shall use the space on the bulletin board provided for herein only for the following purpose: notices of Association meetings, notices of internal elections for Association offices, repOiis of Association committees, policies of the Association, recreation and social affairs of the Association, and notices by public bodies. In no event shall the bulletin board be used to post political material or controversial material. The Chief Representative or Alternate Representative of the Association are the only authorized representatives to post material on the bulletin board. Said representatives shall initial and date all material, which is posted. 22.3 The Chief of Police or his designee shall decide whether or not Section 22.2 has been violated. Should it be determined that a violation has occurred the material shall immediately be removed by the City with the removed material provided to the Association Staff Rep. 22.4 The Police Department may post training, promotional, or transfer information on these boards. Such material shall be removed from the boards within five (5) days of expiration. 36 ARTICLE23 UNIFORMS AGENDA ITEM #8D SEPTEMBER 14, 2015 23.1 The City will furnish all sworn bargaining unit employees who are required to wear uniforms in the performance of their duties with uniforms and equipment approved for their use. 23.2 The City will replace or repair the above items as they become torn, worn or unserviceable due to the performance of the employee's official duty. Any claim for a repair or replacement under this Section must be accompanied by a written explanation to the employee's supervisor, setting forth the circumstances necessitating the replacement or repair. The torn, worn, or unserviceable item shall be presented to the Chief or Police or his designee for inspection and determination as to whether the item should be replaced or repaired. It shall be the decision of the Chief of Police or his designee as to whether the item shall be replaced or repaired. 23 .3 Any employee who damages, destroys, or loses any furnished article of uniform due to carelessness or negligence will replace the article (or at the satisfaction of the City repair) the miicle at his own expense, or such cost of replacement shall be deducted from the employee's pay. 23.4 The employee shall wear the articles of the uniform provided in Section 23.1 only for official City business or as otherwise authorized by the Chief of Police. 23.5 Upon termination of employment for any reason, the employee shall return to the City all miicles of the uniform issued by the City or be required to pay for such articles prior to receiving his final pay check or have the cost of the items not turned in deducted from the employee's final pay check. 23.6 The City agrees to provide for the cleaning of uniforms sets (shirts and pants) per employee per quarter as authorized and funded for within the annual approved budget. 23.7 The city shall provide for the Detectives and Crime Suppression Unit members covered by this agreement, to include sergeants assigned to supervise the units, a clothing allowance of six hundred and fifty dollars ($650.00) per year to be paid as indicated below. This allowance shall not include up to two (2) department polo shirts bearing the Atlantic Beach Police Badge. a. An initial payment for the first two quarters in the amount of a $325 clothing allowance shall be paid within fourteen ( 14) days of the employee's initial assignment as detective. 37 AGENDA ITEM #8D SEPTEMBER 14, 2015 b. Following six months, additional payments of $54.17 will be paid monthly within the first pay check of each month. 23.8 Any prescription glasses (not sun glasses) contact lenses, false teeth or partial plates damaged, destroyed or stolen while an officer is acting in the performance of his official duties for the City, shall be replaced or repaired by the City, up to a maximum cost of $300.00, provided the damage or loss is not the result of the employee's negligence. Such claim for repair or replacement shall be supported by written explanation as to how the damage/loss occmTed and be accompanied by documentation of the original cost of said item, and shall be subject to provisions pertaining to the processing of claims as set forth by the Chief of Police. Wrist Watches damaged/destroyed shall be repaired or replaced up to a value of $50.00. The same restrictions, requirements and procedures shall be followed as set forth in the above paragraph. If the loss is covered by any insurance policy owned by the victim employee, then the City will be reimbursed for any replacement item in the amount allowed and paid by the insurance company. The victim employee shall assist the city in obtaining restitution from any subject, suspect, or party through all legal processes. Any reimbursement or restitution received by the victim employee shall be immediately paid to the City. 38 ARTICLE 24 MILEAGE ALLOWANCE AGENDA ITEM #8D SEPTEMBER 14, 2015 24.1 Employees directed by the Chief of Police or his designee to use their private automobiles for City business, shall be compensated at the I.R.S. Mileage Rate. 39 ARTICLE25 LEGAL SERVICES AGENDA ITEM #8D SEPTEMBER 14, 2015 25.1 The City agrees to provide at no cost to the employee, the services of an attorney to defend the employee against any civil actions brought against him while acting as an agent of the City, in the line of duty and on the City's behalf, unless such action is bought about by an act of the employee due to his own violation of Depmiment Rules, Policies, Procedures or Instructions, negligence, carelessness or the employee acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard for human rights, safety, or property. 25.2 It is understood and agreed that all employees shall fumish notification in writing of their intent to file suit in any court of law, to the Public Employer, no less than ten (1 0) working days before the actual filing date, provided the lawsuit affects or is related in any manner with the Public employer. 25.3 Any employee involved in an accident with a vehicle owned by the Public Employer, and said accident is the result of equipment failure or defect and the defect was such that a reasonable and prudent person would not have noticed or become aware of the defect, shall not be held accountable by the Public Employer or results thereof. Any equipment failure or defect must be reported at the time of the accident and included in the vehicle defects section of the report. Neglect by the employee to notify his supervisor of any defect in the vehicle will make this provision null and void. 40 ARTICLE 26 WAGES AGENDA ITEM #SD SEPTEMBER 14, 2015 26.1 The cunent salary ranges are shown in Exhibit A. Effective October 1, 2015, there will be a 1% COLA increase to the pay scale upon approval of the City budget by the Commission. Effective October 1, 2015, employees with six (6) months service as of October I, 2015, are in a position that is considered "year round," working on a scheduled "year round" basis, and have received an evaluation of "Meets Requirements" or above shall receive a merit increase of 3% of midpoint. Evaluations: If an employee does not receive at least a "Meets Requirements" overall evaluation, they shall not receive a pay adjustment and the supervisor may take action to terminate the employee or the employee may be counseled, placed in a 90-day improvement period, and reevaluated in accordance with the City's perfonnance evaluation program guidelines. Minimum Pay: In no case shall an employee's pay be set below the minimum established for the grade of the employee unless the employee receives less than a "Meets Requirements" overall evaluation. Maximum pay. In no case shall an employee receive a pay increase that would result in the employee's pay exceeding the maximum pay for the grade of the position to which the employee is assigned. Bonuses. Employees of the bargaining unit are eligible to receive a bonus based upon performance in accordance with the City's performance evaluation program guidelines. Applicability. Pay adjustments will only be provided to individuals who are employees of the City on the date that the Union contract is finally approved by the City Commission. Pay Ranges. The pay grades and salary ranges for classifications within the bargaining unit are incorporated herein as Exhibit A. 26.2 Effective October 1, 2015, a $1.00 per hour Shift Differential will be added to the pay of all Police Officers and Sergeants who work between the hours of 6:00p.m. to 6:00 a.m. 41 AGENDA ITEM #8D SEPTEMBER 14, 2015 26.3 The City shall assume the responsibility for ceiiain pension contributions for bargaining unit members. The bargaining unit members' contribution rates will be 8%. 26.4 Any Police Officer covered by this Agreement who is assigned by the Chief of Police to work in the Investigative Division or Crime Suppression Unit as a detective shall receive pay at a rate ten (1 0%) percent above the employee's regular hourly rate of pay. Such percentage shall not be added to the base pay but shall be in addition to the base pay and apply to all pay, overtime, compensatmy time paid, etc. received by the officer. 26.5 Any Police Officer or Sergeant covered by this Agreement who is assigned to work as a Detective in the Investigative Division or the Crime Suppression Unit (CSU) shall have their title changed to Detective and shall receive an annual clothing allowance of six hundred fifty dollars ($650.00) in accordance with Article 23.7. 26.6 Any employee covered by this Agreement who is assigned as a Patrol Investigator/Evidence Technician shall receive pay at a rate of five percent (+5%) above their normal pay. Such percentage shall not be added to the base pay but shall be in addition to the base pay and apply to all pay, overtime, compensatmy time paid, etc. received by the officer. 26.7 Any employee covered by this Agreement who is assigned as a member of the Special Weapons and Tactics Team (SWAT) shall receive a rate of pay five percent (+5%) above their normal pay while such officers are performing actual SWAT duties, not including training. Such percentage shall not be added to the base pay but shall be in addition to the base pay and apply to all pay, oveiiime, compensatory time paid, etc. received by the officer. 26.8 Promotion. Officers promoted to the rank of Sergeant shall receive a salmy increase at the time the promotion becomes effective, to at least the minimum of their new pay range or an amount equal to the percentage difference between the current and new grade midpoints (not to exceed 12%), whichever is greater. a. Calculating a Promotional Increase. Since a promotional increase is granted to recognize the assumption of additional job duties and responsibilities, the size of the increase is calculated as a function of the size of the promotion, rather than as a percentage of current salary. The fonnula used to calculate the promotional increase is as follows: New Midpoint-Current Midpoint= Percent Promotion Increase Amount(%*) Current Midpoint Or An increase to the minimum of the new pay grade, whichever is greater. 42 AGENDA ITEM #8D SEPTEMBER 14, 2015 * Not to exceed 12% unless required to bring the employee's salary to the minimum of the new pay grade. b. Anniversary Date. A new anniversary date will be established as the effective date of promotion. a. Minimum Pay. In no case shall a promoted employee's salary be set below the base salary of the position to which they were promoted. 26.9 A career development program for Police Officers is being implemented upon ratification and approval of this agreement. This program will create two (2) career track positions that Police Officers can achieve after 3 and 6 years of service. These positions, entitled Police Officer First Class (PFC) and Senior Police Officer (SPO) will have added responsibilities, required training, education and demonstrated competency in both community policing as well as leadership. The officer will have to reach a minimum tenure in each position and demonstrate the skill, knowledge and willingness to perfmm the requirements ofthe positions before being promoted. There will be a 3% increase in pay for promotions to PFC and SPO. a. All members who are eligible for promotion will be required to submit an application to the Chief of Police. Each candidate's file will be reviewed by the Chief and Command Staff and a decision will be made regarding promotions to PFC and SPO. b. The number of positions allotted for PFC will equal fifty (50%) ofthe total number of sworn officers allocated for the Police Department, excluding the Chief of Police, Commanders, Lieutenants and Sergeants. The number of SPO positions will equal fifty percent (50%) of the allocated positions for PFC. Under this formula, there will be a total of 9 PFC positions and 5 SPO positions. c. Officers hired prior to October 1, 2012, and who have a minimum of six ( 6) years of law enforcement experience will be eligible for promotion to SPO without having to meet the requirements of three (3) consecutive years as a PFC and the required college and career development courses. These officers will be promoted based on their overall tenure, qualification, training, attitude, work performance, disciplinary history and ability to perform the requirements of the position. Under this provision, officers who receive the 3% promotion to PFC will not receive an additional3% pay increase if and when promoted to SPO. d. Police Officers hired after October 1, 2012 with less than 3 years experience will be eligible to receive a 3% pay increase for promotions to PFC and SPO. These officers are not subject to the provisions of26.9 (c) and as such, will be required to meet all of the eligibility requirements for promotion as established in the policy and procedure. 43 AGENDA ITEM #8D SEPTEMBER 14,2015 26.9 Any employee covered by this Agreement, except for those classified as a PFC or SPO, who is required by the Chief of Police or his designee to perform the duties of a Field Training Officer (FTO) shall receive pay at a rate of ten percent (10%) above the employee's regular rate of pay while the employee is actually performing the duties of an FTO. Those employees classified as a PFC or SPO will receive pay at a rate of seven percent (7%) above the employee's regular rate of pay while the employee is actually performing the duties of an FTO. Such percentage shall not be added to the base pay but shall be in addition to the base pay and apply to all pay, overtime, compensatory time paid, etc. received by the officer. 44 ARTICLE 27 ALCOHOL AND DRUG TESTING AGENDA ITEM #80 SEPTEMBER 14,2015 27.1 Both the City and Union recognize that drug and alcohol abuse is a problem among our nation's work force. The City and the Association also recognize the tremendous cost, both in terms of efficiency and in human suffering caused by needless workplace accidents. Acknowledging the necessity for action, both parties agree to the promotion of a drug free workplace pursuant to the Florida Drug-Free Workplace Act (FS112.0455 & FS440.102). 45 ARTICLE28 ANTI-DISCRIMINATION AGENDA ITEM #8D SEPTEMBER 14,2015 28.1 In accordance with applicable Federal , State and Local Law, both the City and Union agree that they will not discriminate on the basis of race, color, creed, national origin, sex, religion, marital status, age, handicap, Union membership or non-membership, gender identity, sexual orientation or any other non-merit factor except where age or sex is a bona fide occupational qualification for the job necessmy for proper and efficient job performance. The City and the Association affirm their joint opposition to any discriminatmy practice in connection with employment, promotion, or training; remembering that the public interest remains the full utilization or employees' skill and ability without regard to consideration or race, color, creed, national origin, sex, religion, marital status, age, handicap, or Union membership or non-membership gender identity, sexual orientation or any other non-merit factor except where age or sex is a bona fide occupational qualification for the job necessary for proper and efficient job performance. 28.2 Any violation of this Article may be grieved pursuant to A1iicle 10 governing the grievance process up to and including Step Three (3) as outlined in Article 10. Under no circumstances shall Step Four ( 4) of the grievance process and/or Article 11 governing binding arbitration be allowed. This provision in no way restricts an employee's right to file a complaint or claim according to City policy or applicable local, state or federal law. 46 ARTICLE 29 MUTUAL CONSENT 29.1 Pursuantto Chapter 2015-039, Florida Statutes, the patties to this agreement AGENDA ITEM #SD SEPTEMBER 14,2015 MUTUALLY CONSENT to utilize 100% of the accumulated excess premium tax revenues to fund the unfunded liability of the Police Pension Fund until it is fully funded. The patties to this agreement attest to this mutual consent by their signatures below. FOR THE CITY Carolyn Woods Mayor Date FOR THE ASSOCIATION Kimberly Kilpatrick President 47 Date ARTICLE 30 AMENDMENTS AGENDA ITEM #8D SEPTEMBER 14. 2015 30.1 This Agreement contains the complete Agreement between the City and the Association and no additions, waivers, deletions, changes or amendments shall be made during the life of the Agreement except by mutual consent in writing of the parties hereto. 48 ARTICLE 31 SAVINGS CLAUSE AGENDA ITEM #SD SEPTEMBER 14. 2015 31.1 The Public Employer retains all rights, powers, functions and authority it had prior to the signing of this contract except as such rights are specifically relinquished or abridged in this contract. 49 ARTICLE 32 SEVERABILITY AGENDA ITEM #8D SEPTEMBER 14,2015 32.1 In the event any Article, Section or Portion of this Agreement should be held invalid and unenforceable by any court of competent jurisdiction such decision shall apply to the specific A1iicle, Section or Portion thereof specified in the court's decision; and upon issuance of such decision, the Public Employer and the Association agree to immediately negotiate a substitute for the invalidated A1iicle, Section or Portion thereof. 50 ARTICLE 33 ENTIRE AGREEMENT AGENDA ITEM #SD SEPTEMBER 14, 2015 33.1 The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements aiTived at by the pmiies after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Public Employer and the Association for the duration of this Agreement each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargaining collectively with respect to any subject or matter not specifically referred to or covered in this Agreement even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the same time they negotiated or signed this Agreement. 3 3.2 The parties agree that this Agreement only applies to active employees and members of the bargaining unit on the date of City Commission approval and for the life of this Agreement. 51 ARTICLE 34 DURATION OF AGREEMENT AGENDA ITEM #SD SEPTEMBER 14, 2015 This Agreement shall commence and become effective on October 1, 2015 and shall continue in full force and effect until midnight on the thirtieth day of September, 2018 or until a successor agreement is ratified. Each patty may reopen Article 26, Wages and two (2) other Atiicles of their choice in 2016 and 2017. If either party desires to negotiate a successor agreement, it may do so by giving the other patty written notice to that effect no later than J nne 1st of each year. FOR THE CITY FOR THE ASSOCIATION Carolyn Woods, Mayor Date Kimberly Kilpatrick, President Date Ratified by Union members on: Approved by the City Commission on: 52 7/1S/201S Grade Police Detective 40 hour workweek P19 Police Officer 42 hour workweek P19 Police Sergeant 42 hour workweek P22 CITY OF ATLANTIC BEACH POLICE UNION PAY SCALE 201S Minimum Midpoint Maximum $18.07 $22.73 $27.39 $18.07 $22.73 $27.39 $23.16 $30.81 $39.00 Minimum $37,583 $39,463 $50,580 AGENDA ITEM #8D SEPTEMBER 14, 2015 Midpoint Maximum $47,331 $56,970 $49,698 $59,820 $67,951 $85,322 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM #8E SEPTEMBER 14, 2015 AGENDA ITEM: Discussion of creating an Article in Atlantic Beach's Code entitled "Requirements for the Sale of Dogs and Cats". SUBMITTED BY: Commissioner Maria Mark DATE September 3, 2015 BACKGROUND: The City of Jacksonville Beach recently approved Ordinance No. 2015-8063 establishing the requirements for the sale of dogs and cats and to help ensure the humane treatment of animals. BUDGET: No budget impact RECOMMENDATION: Direct the City Attorney to prepare an Ordinance similar to the City of Jacksonville Beach's that establishes requirements for the sale of dogs and cats in Atlantic Beach. ATTACHMENT: (1) City of Jacksonville Beach Ordinance No. 2015-8063 AGENDA ITEM #8E SEPTEMBER 14,2015 Introduced By: Council Member Jeanell Wilson 1st Reading: August3. 2015 2nd Reading: August 17. 2015 ORDINANCE NO. 2015-8063 AN ORDINANCE AMENDING CHAPTER 5, "ANIMALS", OF THE CODE OF ORDINANCES OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, BY CREATING ARTICLE II, DIVISION 1, "COMMERICAL ANIMAL ESTABLISHMENTS," BY CREATING SECTION 5-35, TO BE ENTITLED "REQUIREMENTS FOR SALES OF DOGS AND CATS"; PROVIDING FOR DEFINITIONS; PROVIDING FOR PERMITTED SOURCES; PROVIDING FOR CERTIFICATE OF SOURCE; AND PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the humane treatment of animals is an important public purpose; and WHEREAS, puppy and kitten mills are inhumane and unsanitary commercial breeding facilities for dogs and cats in which the health of the dogs and cats is disregarded to maintain a low overhead and maximize profits; for example, by keeping parent dogs and cats in cages for their entire lives without adequate food, water, veterinary care, or socialization; breeding females multiple times per year with little to no recovery time between litters; and breeding dogs and cats regardless of whether they carry congenital or hereditary diseases; and WHEREAS, according to United States Department of Agriculture reports, documented problems found at puppy and kitten mills include: 1) sanitation problems leading to infectious diseases; 2) large numbers of animals overcrowded in cages; 3) lack of proper veterinary care for severe illnesses and injuries; 4) lack of protection from harsh weather conditions; and 5) lack of adequate food and water; and WHEREAS, the Humane Society of the United States estimates that each year two to four million dogs and cats are born in the United States in puppy and kitten mills; and WHEREAS, the most effective way to stop puppy, and kitten mills is to discourage the purchase and sale of puppies and kittens produced at these inhumane facilities; and WHEREAS, according to the Humane Society of the United States, ·although American consumers purchase dogs and cats believing the pets to be healthy and genetically sound, in reality, the animals that come from mills often face an array of health problems; including not only communicable diseases or genetic disorders that present immediately after sale, btit also diseases or disorders that do not surface until several years later, all of which lead to costly veterinary bills and distress to consumers; and Ordinance No. 2015-8063 Page 1 of4 AGENDA ITEM #8E SEPTEMBER 14,2015 WHEREAS, numerous alternatives exist for people to fmd pets, including adoption of animals from public and private animal rescue organizations or purchase from reputable and conscientious breeders; and WHEREAS, across the country, thousands of independent pet stores and large chain stores operate profitably with a business model focused on the sale of pet services and supplies and not on the sale of dogs and cats, often collaborating with local animal shelters and rescue organizations to offer space and support for showcasing adoptable, homeless pets on their premises; and WHEREAS, the adoption of regulations governing the sale of dogs and cats in the City will promote community awareness of animal welfare and foster a more humane environment and encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals' lives and reducing the costs to the public of sheltering animals. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF JACKSONVILLE BEACH, FLORIDA: SECTION 1. That the Code of Ordinances, City of Jacksonville Beach, Florida Article II, Division 1, is hereby amended by adding Section 5-35, "Commercial Animal Establishments," which section reads as follows: DIVISION 1. -GENERALLY Sec. 5-35. Commercial Animal Establishments -Requirements for sales of dogs and cats; definitions; permitted sources; certificate of source; penalties. (a) Definitions. For purposes of this Section, the following words, terms, and phrases shall have the following meanings: (1) Animal Rescue Organization means a humane society, animal welfare society, society for the prevention of cruelty to animals, or other such not-for-profit corporation or other legal entity devoted to the welfare, protection, and humane treatment of dogs, cats, or other animals that is duly registered with the Florida Department of State and the Florida Department of Agriculture and Consumer Services, as applicable, and with the appropriate authority in the jurisdiction in which the not-for-profit legal entity is headquartered. (2) Breeder means any person or entity that causes dogs or cats to reproduce, regardless of the size or number of litters produced. However, this definition shall not apply to a pet owner who breeds his or her own pet and keeps all of the offspring, so long as the total number of animals does not exceed the maximum number set forth in Section 34-392(2). (3) Cat means an animal of any age of the genus Felis catus. ( 4) Dog means an animal of any age of the genus Canis lupus familiaris or resultant hybrids. Ordinance No. 2015-8063 Page 2 of4 AGENDA ITEM #SE SEPTEMBER 14,2015 (5) Pet dealer means any person that, in the ordinary course of business, engages in the sale to the public of more than two litters, or 20 dogs or cats, regardless of number per year, whichever is greater. Animal rescue organizations and breeders shall be exempt from this classification. (6) Pet shop means a retail establislunent that, in the ordinary course of business, engages in the sale of dogs or cats. (7) Public animal shelter means a facility that is used for housing or containing dogs or cats or other animals, and that is operated by or on behalf of a state, county, municipality, or other governmental entity. (8) Sale means the transfer of ownership in exchange for compensation or profit, including money, goods, and services. This definition shall not include adoption fees charged by an animal rescue organization. (b) Permitted sources. After August 17, 2015, pet dealers and pet shops shall not display, sell, trade, deliver, barter, lease, rent, auction, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the City, unless the pet dealer or pet shop certifies that the dog or cat comes from one of the following sources: ( 1) An animal rescue organization, as defined in this section; or (2) A_Qublic animal shelter, as defined in this section. (c) Certificate of source. A pet dealer or pet shop that obtains dogs or cats from a permitted source shall post conspicuously on the cage of each dog and cat, the following information: (1) Copy of a notarized affidavit of verification from the source from which the dog or cat was obtained. A copy of the certificate of source shall also be provided to the purchaser or transferee of any dog or cat; (2) The name and address of the source from which the dog or cat was obtained and the date thereof; (3) A description of the dog or cat, including species, breed, sex, color, and distinctive markings, physical condition and health, and age (if known); and ( 4) For each dog or cat receiving medical care while in the custody or control of the pet dealer or pet shop, the type of service rendered, date, and veterinarian's name. (d) This section does not apply to an animal shelter or animal rescue organization that operates out of or in connection with a retail store. (e) This section shall not apply to the display, offer for sale, delivery, bartering, auction, giving away, transfer, or sale of dogs or cats from the premises on which they were bred and reared. (f) Special magistrate. A notice of violation shall be taken before the city's special magistrate for consideration of the applicable fines. The special magistrate shall exercise jurisdiction Ordinance No. 2015-8063 Page 3 of4 AGENDA ITEM #8E SEPTEMBER 14, 2015 over such matters as set forth in Article VI, Section 2-170 of the Code of Ordinances of the City of Jacksonville Beach. (g) Penalties. Any person who violates this section shall be subject to a fine of $250.00 per day per dog and/or cat for the first violation within a 12-month period, and a fine of $500.00 per day per dog and/or cat for any subsequent violation within a 12-month period. The Jacksonville Beach Police Department I Jacksonville Beach Animal Control shall enforce the provisions set forth within this Section. SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are, to the extent that the same may conflict, hereby repealed. SECTION 3. This ordinance shall take effect upon its adoption in accordance with the law. -{I- DONE IN OPEN MEETING THIS /'7 DAY OF {iA.<-y tc:;;C" , A.D. 2015. William. 'Laurie Scott, CITY CLERK Ordinance No. 2015-8063 Page 4 of 4 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM #SF SEPTEMBER 14, 2015 AGENDA ITEM: Discussion on proposing a Resolution opposing certain methods of oil and gas extraction within the State of Florida and its adjacent waters including hydraulic and acidic fracturing or "fracking". SUBMITTED BY: Commissioner Maria Mark DATE: September 3, 2015 BACKGROUND: Other Florida local communities have recently passed Resolutions opposing "fracking" statewide. Should Atlantic Beach consider similar action? BUDGET: No budget impact RECOMMENDATION: Consider similar action and direct the City Attorney to draft a proposed Resolution opposing "fracking" within the State of Florida and its adjacent waters. ATTACHMENTS: (1) City of St. Augustine Resolution No. 2015-10 (2) City of Fernandina Beach Resolution 2015-117 (3) Report from foods, water watch entitled "The Threat of Fracking to Florida: Reasons Why Fracking Should Be Banned ( 4) List of Cities that recently passed resolutions (5) Draft Resolution RESOLUTiON NO. 2015 -·10 AGENDA ITEM #SF SEPTEMBER 14, 2015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ST. AUGUSTINE OPPOSING EXTREME METHODS OF OIL AND GAS EXTRACTION, INCLUDING HYDRAULIC AND ACIDIC FRACTURING OR "FRACKING" WITHIN THE STATE OF FLORIDA AND ITS ADJACENT WATERS. WHEREAS, the City o'f St. Augustine is cornposed o'f a large section of waterfront prope1iy and is a !ow-lying coastal community at the frontline to experience the impacts of sea level rise; and WHEREAS, the City of St. Augustine has various vital facilities and infrastructure tha( could be adversely affected by seal level rise; and WHEREAS, climate scientists and other groups such as the f\lational Oceanic and Atmospheric Administration's Coastal Services Center have predicted the potential erosion of dry land and loss of waterfront property as a result of sea level rise; and WHEREAS, Florida's aquifer is already compromised from its overuse and polluted by continued runoff; and WHEREAS, the limestone layer covering much of the aquifer has proven vulnerable to sinkhole activity; and WHEREAS, hydraulic and acidic fracturing or "fracking" and other e)(treme methods of oil and gas extraction have already raised serious questions of damage to water sources and geologic stability in other areas of the country; and WHEREAS, the potential for a damaging events to the aquifer and limestone layer could prove to be beyond the ability to mitigate no matter how great or small the risk of occurrence of such event; and AGENDA ITEM #SF SEPTEMBER 14, 2015 WHEREAS, such events could affect water and land far outside the confines of the area permitted for hydraulic and acidic fracturing, or "fracking" or other extreme methods of oil and gas extraction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ST. AUGUSTINE, FLORIDA, AS FOLLOWS: Section '1. The City Commission of the City of St. Augustine declares its opposition to hydraulic and acidic fracturing or "fracking" or other extreme methods of oil and gas extraction anywhere within the State of Florida or in the waters adjacent to the State. Section 2. The City Commission of the City of St. Augustine requests that no State agency issue permits for such purpose and urge the Legislators of the State of Florida to pass legislation prohibiting hydraulic and acidic fracturing or "tracking" or other extreme methods of oil and gas extraction or the disposal of related materials and by-products, anywhere within the State of Florida, or in the waters adjacent to the State, and allocate sufficient appropriations to ensure success of the legislation. Section 3. The City Commission of the City of St. Augustine further requests the Governor of the State of Florida to sign such legislation. ADOPTED in Regular Session of the City Commission 'for the City of St. Augustine, Florida this 23rd day of March, 20'15. Resolution No. 2015-10 (CA) Page2of2 RESOLUTION 2015-117 AGENDA ITEM #8F SEPTEMBER 14, 2015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FERNANDINA BEACH, FLORIDA OPPOSING EXTREME METHODS OF OIL AND GAS EXTRACTION, INCLUDING HYDRAULIC AND ACIDIC FRACTURING OR "FRACKING" WITHIN THE STATE OF FLORIDA AND ITS ADJACENT WATERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Fernandina Beach is composed by a large section of waterfront property and is a low-lying coastal community at the frontline to experience the impacts of sea level rise; and WHEREAS, the City of Fernandina Beach has various vital facilities and infrastructure that could be adversely affected by sea level rise; and WHEREAS, climate scientist and other groups such as the National Oceanic and Atmospheric Administration's Coastal Services Center have predicted the potential erosion of dry land and loss of waterfront property as a result of sea level rise; and WHEREAS, Florida's aquifer is already compromised from its overuse and polluted by continued runoff; and WHEREAS, the limestone layer covering much of the aquifer has proven vulnerable to sinkhole activity; and WHEREAS, hydraulic and acidic fracturing or "fracking and other extreme methods of oil and gas extraction have already raised serious questions of damage to water sources and geologic stability in other areas of the country; and WHEREAS, the potential for damaging events to the aquifer and limestone layer could prove to be beyond the ability to mitigate no matter how great or small the risk of occurrence of such event; and WHEREAS, such events could affect water and land far outside the confines of the area permitted for hydraulic and acidic fracturing, or "fracking" or other extreme methods of oil and gas extraction. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF FERNANDINA BEACH, that: SECTION I. The City Commission hereby declares its opposition to hydraulic and acidic fracturing or "fracking" or other extreme methods of oil and gas extraction anywhere within the State of Florida or in the waters adjacent to the State. SECTION 2. The City Commission requests that no State agency issue permits for such purpose and urge the Legislators of the State of Florida to pass legislation prohibiting hydraulic and acidic fracturing or "fracking" or other extreme methods of oil and gas extraction or the disposal of related materials and by- products, anywhere within the State of Florida, or in the waters adjacent to the State, and allocate sufficient appropriations to ensure success of the legislation. SECTION 3. The City Commission further requests the Governor of the State of Florida to sign such legislation. ADOPTED this 18 1 " day of August, 2015. ATTEST: ~~t Caroline Best City Clerk AGENDA ITEM #SF SEPTEMBER 14, 2015 CITY OE..,FERNANDINA BEACH ~:;7 _/}~~--) t::.etU'/J~,~~- Edward E. Boner Commissioner-Mayor APPROVED AS TO FORM & LEGALITY: Tanuni E. Bach City Attorney 1(,\,, ~ refHINI< fN F.RGY r 1 :1 ~ Ill\ food&f"::·~ water~walciJI ~/ The Threat of Fracking to Florida: Re ason s Why Frackin g Sh o u ld Be Ba nn e d AGENDA ITEM #817 S EPTEMBER 14,201 5 In 2013, a T exas-based frack ing company b e g a n u s ing a n ew, m o r e d a n gerous a nd inte n s ive form of extre m e extr·action to drill for oil n e ar the Florida Evergla d es. Al t h o ug h Fl o rida has h a d a v e r y small con ventiona l drilling indus try in the p ast, it has not h a d allowe d th e more d a n gerous forms of dir ty fr a cl<in g tha t use millio n s o f gallons of w ate r mixe d w ith thousands of ga ll ons o f t o xic chemi ca ls. But th e o il a nd g as industry is aiming t o introduce fracking, a cid frackin g, a nd othe r intrus ive forms o f "un conventional" drilling and "w e ll stimula tion" techn iqu es in va rious a r e as a r ound Florid a, a nd this poses a serio us th rea t t o public h ealt h and th e e nviron ment. What is fracldngZ Pracking is s h o rt for h y dra uli c fractu r ing, the s p e ci fic process o f t a king millions of gallon s o f wa t er, mi xing it with sand a nd t e n s of tho u sands of g allon s of che mica ls , including known ca r ci noge n s, a n d pumping it a ll und e rg round at extre m e p ressu re t o break up a ta r get e d roc k form ation, in hopes of r e leasing oil or na tura l ga s t h a t w ould o t h erwise r e main h e ld in the rock. Aci d fr acking is t he p rocess of inj e c ti ng aci di c ch e mi ca ls into r ock formations to d i ssolve the rock layer, which r esul ts in ch anne ls for a ny oil a nd gas to flow. T h ese terms a r e a lso u sed inte r c h a n gea bly with the t e rm 'we ll s timula tio n' to e n s ure t ha t a ll fo rms o f extre m e oil an d gas ext racti o n u s in g t hese dange r o us c h e m icals are cove r e d Fracl<:ing cause s thousands of accidents, leaks and spills. More tha n 7 ,5 00 a cci d e nts related to fr ackin g o cc urre d in 2 013 ,1 neg ative ly impa cting water qua li ty in ri ve r s, stream s a nd s h a llow a quifers . Many commu n iti es h ave a lso had th e i r d r inking w ater co nta min a t e d a n d hav e n eed e d t o find n e w s ource s of drinking w a t e r f o r their famili es. Contaminated w a t e r w e ll s with m e tha n e a nd other hy d r o carb o n gases r e leased from fracl<ing is putting th e h ealth, safe ly a nd pro p erty of m a ny fa mili es across th e countr y a t hig h ris k. 1 Soragha n, Mi ke. "S pills u p 18 percent In U.S. in 2013." E&E Energy Wire. May 1 2, 2 0 14. 1 AGENDA ITEM #8Ji Sli:PT EM8Eil 14,20 15 I ',, refiiiNI< rNF Rfj Y I . 1'1111 II\ food&,r··-". wa~watch ~-..._./ Fracl<ing produces massive volumes of toxic and radioactive waste. After a well is dri ll e d a nd fr ack ed, the liquids th at come b ack up to t he s urface a r e a mix of fracking fluid s, a ncient brines and hydroca rbons, s u ch as the car cinogen be nze n e. The re are no go od disposal optio ns. Th e unde r ground di s posal of t hi s was te has caused earthqu a k es a c r oss the coun try, incl uding Okl a homa, Ohio, Arkansas a nd Texas.2 Local wastewater t rea ~ment fa ci li ties are n ot equipped to h a ndle the ch emicals found in frackin g waste, and the salts in the brines r eact with chlorine a nd other d is infectan ts to create h armful byproducts released into riv e rs. Tho se releases cause problems for communities downs tream. Then there are l and fill probl e m s created by the s olid wast es, including the s olid s that accumu late as s ludge a nd scale on equipm e nt and from e fforts t o t r eat wastewater. Fracldng pumps h aza rdous pollutants into the air. Fracking utili zes over 100 dangerous che micals that are known to b e e ndo c rine di srupter s or carcinogens.3 Gases-including hydrocarbon gases with b e nze ne, to luene, e thyl benze ne andxylenes-are in the mix of fluid s t h at flows t o the s urface after fr acking, and varying a mounts o f these gases are r e leased directly into the air. Alon g w ith diesel exh aust fro m num e r ous trucks and ge ne rators packe d onto a s ingle well s i te, the hydrocarbon a ir pollution explai n cou n t less complain ts from th ose livi ng a lo ngside fr ackin g abo u t t h e h eal th probl ems t h ey a r e experiencing, such as burning eyes, nose bl eed s, and r espiratory a nd n e rvous syste m p ro blems .4 This is b efore considering lon g-term h ealth issues from th e exposures th ey have s uffe r e d. 2 Keranen, K M. et a l. "S har p inc rease in central Ol<laho ma se is mi ci ty sin ce 2008 indu ced by massive wastewater Injectio n." Science. Vol. 345, No. 6195. july 25, 2014 at 451; Oh io Department of Natural Resources. [Pr ess release]. "Ohio a nn ou nces t o ugher perm it conditio ns for dr illin g activ ities near fau lts and areas of seismic activity." Ap ril 11, 201 4; Rose nbe rg, Mica. "Arkansas lawsuits test fracld ng wastewate r lin k t o quakes." Reuters.l\ugust 27,2013 3 Kassost is, Chr istopher D. et al. "Es troge n and androge n r ecepto r activi lies of hydra ulic fr acturing chemica ls and s urface a nd gro und watgr in a drilling-dense r eg io n." Endocrinology. Vol. 155, Iss . 3. March 2014 at 900; U.S. House of Representatives. Committ ee on Energy and Commerce. [Min ority Staff Report]. "Chem icals Used in Hydra uli c Ft·ac turin g." April 2011 at 1 a nd 8. 4 Adgate, john L. et al. "Poten ti a l p ublic health haza rds, ex po s ures a nd h ea lth effects from unco nve nt ion al natura l gas development.'' Environmental Scie nce & Techno logy. Vol 48, Iss. 1 5. Au gust 5, 2014 at 8308. U.S. EPA. Office o f 1\ir a nd Radiation (OAR). "Reg ul atory im pact Ana lysis: Final New Sou rce Performance Sta nd ards and Amendments to the 2 AGENDA ITEM #SF SEPTEMBER 14,2015 \ fl, 'eiHIN I< FNr:RG Y I 111111/1 food&!~·· water.watcll· .,.... _/ Fracking disrupts local communities. Beyond the ch emica l pollution, fracking presents a broad number of other consequences for peop le living in areas where it is occ urring, including damage to public roads, declines in property value, inc r eased crime a n d an increased demand on emergency s~rvices. When fracking comes to town, th e result is i ncreased d emand for emergency services and other socia l services, such as school s for the children of out-of-state workers. Th e costs of this increased demand are borne by the community, not by the oil and gas indu stry. Delivering the water, sand and chemicals n eed ed to frack, and haulin g away a ll the resulting waste requires thousands of heavy-d uty truck trips for each new well. The result is a lso costly dam age to public roads and bridges and a d ecrease in traffic safety. Landowners are finding themselves powerless to prev ent drilling and fracking on their property when t h ey do not own the mineral rights under their la nd. Other landowners are being forced to 'pool' with neighbors who suppor t drilling, m eaning companies can then tunnel b eneath their land from up to a mi le ore two away, and then fracture rock formations beneath their property. As a result, these landown ers can see declines in property values.s In fact, many landowners h ave violated the terms of their mortgage by sig ning up for oil a nd gas leases that result in the storage of h azardous chemica ls on the mortgaged property, and numerous banks have become r e lu ctant to offer mortgages for prope rties located near drilling and frackin g activity.6 Fracldng destabilizes the climate. National Emiss ions Sta ndards for ll az ardous Air Pollut a nts for the Oil and Natural Gas Indu s try." Apri l 2012 at 4 -15 to 4-10. ssa thya and H. Allen Kl aiber. "Is th e s ha le energy boom a bustfor nearby res id en ts? Ev id ence from housing values in Pennsylvani a." Am eri can journal of Agri cultural Economfcs. Vol. 96, Iss. 1. January 2014 at 43. 6 Urbina, Ia n. "Rush to Drill for Natura l Gas Creates Conflicts with Mortgages." Th e New York Tim es. October 19, 2011. 3 AGENDA ITEM #SF SEPTEM BE R 14,201 5 Fr acking fo r o il and natural gas is a path to climate chaos. Cumulative emissions of g reenhouse gases - prima rily carbon dioxide and methane -that come from extracting and burning oil and natural gas ar e a primary cause of g lobal warm ing.7 Globa l warming threatens to ruin e ntire coastal economies with sea- leve l rise and to cause some regionaJ food a nd water systems to fail. These and other utt erly fundamental d isruptions to our society -and to the well-being of many m il lions of people -will ensue if we do not change course. 8 Wh at Will Happen if Fracking Is Allowed in Fl orida? F lorida could see considerable drill ing and fracking-potentially over 1,000 n e w wells in the next decade or so, mostly in t h e Florida Panhandle and Southwest Florida but al s o offs h ore if politicians grant industry's wishes. A big spill in Big Cypress or the Everglades. for exampl e, would create a nightmare scen ario for the ecosystem, which is vital to the state's fisheries. Indeed1 as w e1 ve l earne d from natural and man-made disasters, from hurricanes to the BP /Deepwater Horizo n spill in t h e Gulf of Mexico, the damages can reverberate across the whole state. Fracking exacerbates the t h reat of climate c h ange and Florida is one of the areas that will be hardes t h it if sea l evels con tinue to rise. A t h ree-foot r ise in sea level -enti rely likely 50 years from now -would inundate Florida's coas tal comm un ities w ith devasta ting consequ e n ces. It would le ave over 500,000 h omes under sea level and erode th e state's coastal economi es, w h ich account for 80% of the state's economic activity. 7 Sto cker, T. F. et al. ''Technical Summary." In Stoc ker, T. P. et a l. (2013). Climate Change 2013: The Physica l Science Basis. Contribution of Worf<ing Group I to Lhe FifL'h Assessment Report of the Intergovernme ntal Panel on Clima te Cha nge. Cambridge an d New York: Ca mbridge Universi ty Press at 50 to 53. o Field, Chr istophe.r eta!. "Technical Summary for Policymakcrs." In Fie ld, Chri stop he r eta!. (2014). Climate Change 2014: Impa cts, Adaptation, and Vulnerability. Co ntribu t ion of Working Group fl to the Fifth .Assessment Report of the fnt ergo vernm entol Panel on Cl imate Change: Summaty for Policymalcers. New York: Cambridge Univ ersity Press a t 11 to 20. 4 -!biAlachua County, FL ~Bonita Springs, FL -~Broward County, FL ~Coconut Creek, FL lhlDavie, FL ~£!Deerfield Beach, FL ~Fernandina Beach, FL -~Flagler County, FL ~Fort Myers Beach, FL -~Gadsden County, FL ~Hallandale Beach, FL --IBHamilton County, FL ~Hollywood, FL ~Key West, FL -.~Leon County, FL ~Leon Soil and Water Conservation District, FL -~Madison County, FL ~Marianna, FL __, ~Miami-Dade County, FL ~Miramar, FL ....._,.. ~Monroe County, FL fBPlantation, FL ~South Miami, FL ~St. Augustine, FL -=-~St. Lucie County, FL ~Sunrise, FL ~Tallahassee, FL ~Tampa, FL ,......., ~Union County, FL ~ ~ool a.rvolw rJe.~"wr.LtcJ, ~ 0 I"~ .-Ls sqes l!J cct--e_r-- ' F (' Ct c k I~": Col -. ., AGENDA ITEM #SF SEPTEMBER 14, 2015 Received AUG 2 8 2015 Office of City Clerk Tll e /1AJ"\', -1-r-ct'c_ lC i tv j fnoL'e tl'it';v ·f See qJ\ meclSL.{~es uqq;JVSi t-v-l\_c_j(_,"vv; Loy s~f-f3 Ffo r-: olq RESOLUTION # __ Name of City, County, or Municipality AGENDA ITEM #8F SEPTEMBER 14, 2015 A RESOLUTION OF THE , City , FLORIDA, SUPPORTING. LEGISLATION PROVIDING FOR A STATEWIDE BAN ON HYDRAULIC FRACTURING, ACID FRACTURING, OR ANY WELL STIMULATION PERFORMED FOR THE PURPOSES OF EXPLORATION OR PRODUCTION OF OIL OR NATURAL GAS IN THE STATE OF FLORIDA, INCLUDING THE PROHIBITION OF DISPOSAL OF RELATED MATERIALS AND BYPRODUCTS, ANYWHERE WITHIN THE STATE OF FLORIDA OR IN THE WATERS ADJACENT TO THE STATE; OPPOSING ANY LEGISLATION THAT WOULD KEEP SECRET CHEMICALS OR ANY OTHER SUBSTANCE USED IN FRACKING, OR OTHER METHODS OF OIL OR GAS DRILLING OR RECOVERY AND/OR PERMIT FRACKING TO EXPAND INTO FLORIDA Overwhelmingly, emerging scientific data show harm and inherent problems with drilling and tracking. We strongly urge the Florida Legislature and Governor to re-evaluate their positions on the state of the science. The science is not divided; research clearly and with strong documentation, shows that drilling and tracking are inherently dangerous to public health, welfare and the environment. WHEREAS, well stimulation treatments will involve the use of hundreds of chemicals, some of which are known to be carcinogenic or could otherwise be harmful to human health; and WHEREAS, exposure to the chemicals used in well stimulation treatments will pose a widespread and significant risk to public health and safety and the environment; and WHEREAS, well stimulation treatments may involve the use of substantial amounts of freshwater at a time when many Florida lakes, rivers, springs and municipalities are already struggling with the impacts of pollution and water scarcity; and WHEREAS, after being injected into the ground, the chemicals used in the tracking process have leached into groundwater supplies, contaminating drinking water for local residents. There have been more than numerous documented cases of water contamination next to tracking sites, as well as cases of sensory, respiratory, and neurological damage. WHEREAS, in parts of the U.S, where hydraulic fracturing has occurred, including California, Texas, Colorado, Pennsylvania and Wyoming, there have been numerous complafnts and legal actions because of contamination of drinking water with arsenic, methane, neurotoxins, and other proven and suspected carcinogens. WHEREAS, as with oil and gas wells, the material used for the pipelines will age and degrade over time, increasing the likelihood of leaks. Pipeline accidents are a regular occurrence nation-wide. Legislation or regulations will not stop these leaks and spills as history has clearly shown. AGENDA ITEM #SF SEPTEMBER 14,2015 WHEREAS, after decades of work on an Everglades restoration plan with billions of dollars invested, it would be unacceptable and hazardous to allow drilling and tracking for oil in the Everglades, Big Cypress, and other nearby ecosystem areas. Accidents, spills, and releases of air and water pollutants, such as benzene, metals and hydrogen sulfide, will become likely. WHEREAS, a spill, leak or other accident in Big Cypress or the Everglades would create a nightmare scenario for water supplies, wildlife and drinking water, including the ecosystem, which feeds the spawning grounds of Ten Thousand Islands, affecting -----tn"Y'l1-tturlcl'1-r--noHI1e state's fisiTrng industry. Regulation and m1nimal penalties will have no effect. WHEREAS, the wise stewardship of our natural resources involves protection of Florida's water supplies, wildlife and water resources for generations to come; and WHEREAS, as a result of Amendment One, the Constitution of the State Of Florida now requires that the legislature take immediate and certain steps to protect, restore and preserve Florida's lands and water resources by prevention of contamination and environmental degradation, rather than attempting to clean up contamination and restore degraded environments, which may not be possible, after the fact; NOW, THEREFORE, BE IT RESOLVED BY THE ___ _ 1. supports a statewide ban on the use of hydraulic fracturing, acid fracturing and well stimulation treatments performed for the purposes of exploration or production of oil or natural gas in the State of Florida including prohibiting the disposal of related materials and byproducts, anywhere within the State of Florida or in the waters adjacent to the State,; opposing any legislation that would allow or authorize more permits to allow tracking to expand in Florida and/or keeping secret from the public (in effect a public record "gag order,") health authorities, physicians or governmental entities, the use, type and amount of any hazardous chemicals, or substances used in tracking or other oil or gas extraction methods. 2. That the will send a copy of this Resolution to the Florida Legislature and the Governor of the State of Florida; Florida Department of Environmental Protection; [name of other local officials]; And will also direct municipal state affairs/lobbying department to support legislation whenever possible. 3. Effective Date. This resolution shall take effect immediately upon adoption: DULY ADOPTED, this the day of month, 2015. ATTEST: AGENDA ITEM: DATE: SUBMITTED BY: BACKGROUND: BUDGET: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM #8G SEPTEMBER 14, 2015 Appeal of variance for relief from Sections 24-64 and 24-88{b), granted July 21, 2015. September 9, 2015 ~ Dan Arlington, Building Official for Jeremy Hubsch, Building and Zoning Director. A variance was granted for relief from Section 24-88{b), allowing one side of a two-unit townhouse building, 88 Ocean Boulevard, to change the type of exterior wall covering. 88 Ocean now has a different appearance than the adjoining townhouse, 90 Ocean Boulevard. The neighbors in 90 Ocean Boulevard are appealing that decision. Section 24-88 (b) Adjoining two-family or townhouse dwellings units shall be constructed of substantially the same architectural style, colors and materials. N/A RECOMMENDATIONS: Recommend hearing the appeal as soon as possible to allow the unfinished building to be completed. Attachments: Order Granting Variance, including Exhibit A. Appeal letter. REVIEWED BY CITY MANAGER. __ ~_:::_....t.....::....,-....::..~~~=~~~~!::...!o::-..:::...__ _______ _ AG E NOA ITE M #8G S EPTEMlllf.J{ 14,201 5 City of A tla nli c Jlcach Bu ild ing And Zo ning Dept. 800 Se minole Roa d AU ant ic BcHch, Fl orida 32233 Telephone (904) 247-5826 fl ax (9 04) 247-5845 htt p://www.coa b.us Order of the Community Development Bo ard APP LI CANT: FILE NUMBER: DATE OF PUBLIC HEAR ING: Dr. Dav id Doward 88 Ocea n Bou levard Atlantic Beac h, Fl 32233 15-ZVAR-1 035 Jul y 21, 2015 ORDER GRANTING VARIANCE The ab ove r ef ere nced applica nt req ues t e d a zo ning vari ance as pe r mitted by Sec tion 21!-64 fo r r elief from the Sec tio n 24 -88(b ) re qui rement fo r ad j oining t ownho use dwe lli ng units to be co nstru ct ed of substa ntially the sa m e architectural styl e, co lo rs and m at e r ia ls at Atl antic Beac h Subdivision "A" South half o f Lot 6 Bl ock 34 (aka 88 Ocean Bo ulevard). On July 21, 2015, a publ ic hea ri ng was he ld and sa id re q uest was consider ed by the City of Atlantic Beac h Community Develo pm ent Boa rd . Havin g co nside r ed the appl ica t ion, su p po r t ing docume nts an d co mments by st aff, th e appl icant, an d membe rs o f the pu blic, t he Co mmun ity Deve lopment Boa rd GRANTED t he v aria nce w it h a cond ition, fi nding that the re ques t is consistent w ith t h e provisio ns of Sect io n 24-6 4(d) of t he Lan d Deve lop m en t Reg ula ti ons estab lis h ing grounds for app rova l of a varia nce as f o llows: 1. Exce ptiona l ci rcum st ances preven ti ng th e reasonab le use of the propert y as com pared to oth er properti es in t he area . The co nditio n Is as f ollows: 1. Th at t he com pl et ed co nstru ctio n be co nsiste nt w ith the at tac hed drawi ng t h at is lmown as Ex hi bit "A" and that was provided by the appl ica n t t o th e b oa rd . Appea l o f a fin al decisi on o f t he Com munity Develop m ent Boa rd m ay be made to t he Ci ty Comm iss ion by any adve rse ly affec t ed pc rso n(s). Such t~pp ea l sha ll be fli ed In writing with th e Ci ty Cle rk within t hir ty (30) d ay s a rL er re ndit ion o f this Orde r . The appellan t shall p rese n t t o the City Cle rk a pet itio n duly ve rifi ed, se tting forth that the decis ion be ing appea led is in co nflict w ith or in viola tion of Chapter 24, Zoni ng, Subdivision and La nd Deve l opme nt Reg ulatio ns for t he City o f Atlantic Beach, i n whole or In p art, and spe cifyin g t he ground s of the co nflict or violation. The pe ti t io n shall be prese nte d t o the Ci ty Com missio n w ithin t hi r ty (30) days after the filing of t h e appe al with t he City Cieri<. Th e undersigned ce rtif ies t hat th e a bove Order of the Comm unit y Deve lopme nt Board is a t r ue a nd co r rec t renditio n o f t h e Ord er ado pted by sa id Boa rd as appears in t he r ecord o f the Cornmunit y Deve lopment Boa rd min utes. DATED THIS 5TH DAY OF AU GUST 2015 • . 1w~11JIJ. "tte~f{u bsc h Build in g and Zo nin g Director II I I I '·-~ VERIFIED PETITION OF APPEAL FROM ORDER GRANTING VARIANCE VARIANCE APPLICANT: DAVID DOWARD AGENDA ITEM #8G SEPTEMBER 14, 2015 APPELLANT AND ADVERSELY AFFECT PERSONS: SASWATA AND ANJNA ROY FILE NUMBER: 15-ZV AR-1035 DATE OF PUBLIC HEARING: JULY 21,2015 DATE OF ORDER GRANTING VARIANCE: AUGUST 5, 2015 Appellant's and adversely affected persons, Saswata and Anjna Roy, pursuant to Section 24-49 of the Atlantic Beach Code of Ordinances hereby file this appeal of the Community Development Board's Order Granting Variance and in support thereof state: On July 21, 2015, the Atlantic Beach Community Development Board ("CDB") convened to hear David Doward's ("Applicant") request for a zoning variance pursuant to Section 24-64 of the Atlantic Beach Code of Ordinance. After considering the application; supporting documents; comments by staff, the Applicant and members of the public, the CDB in a 3-2 ruling, granted the variance citing 24-64(d) ofthe Land Development Regulations. A historical overview regarding the two unit townhouse located at 88 Ocean Boulevard and 90 Ocean Boulevard ("Townhouses") is pertinent to consider prior to discussing how the CDB ruling is violative of and in direct conflict with both Sections 24-64 and 24-88 of the Atlantic Beach Code. As addressed during the July 21, 2005 hearing, the townhouses were constructed in 2006 and made entirely from stucco. There were construction defects that resulted in litigation by both owners of the Townhouses; said litigation was ultimately settled in or around November, 2014. The Applicant was the junior purchaser of the townhouse located at 88 Ocean Boulevard and AGENDA ITEM #8G SEPTEMBER 14, 2015 made his purchase amidst of the litigation. Applicant was well aware that both units were constructed from stucco and that litigation was pending at the time of his 2013 purchase. Applicant is a prominent physician at Jacksonville Otthopedic Institute and possessed both the business acumen and the financial resources to engage in the due diligence that is required when purchasing a residential property embroiled in litigation. In fact, Applicant intervened in, and obtained a sizeable settlement in late 2014 for the constmction defects related to his property. As palt of the aforementioned litigation, Brett D. Newldrk, principal engineer at ALTA Engineering Company, after independent inspection of both properties, authored a repmt ("ALTA report") detailing the issues and the suggested construction materials to be utilized in any future renovation of the Townhouses. That ALTA report concluded that the reapplication of stucco was tlte ultimate cure to the structural defects on the Townhouses. The ALTA repmt was submitted by the Applicant to the CDB and is available for the Atlantic Beach City Commission's review and consideration. Applicant hired Bosco Building Contractor to renovate his propetty. Consistent with his vexatious nature, Applicant later fired Bosco Building Contractor and hired a new contractor. Although his new contractor obtained an interior remodel permit, the new contractor failed to obtain the necessary permitting for the siding to the exterior. When questioned about her failure to obtain the necessary permitting, the contractor stated that she had spoken with the clerical staff and attributed her negligence to a misunderstanding. It should be noted that the Applicant failed to present any testimony about who the contractor spoke with and what was said. In response, Atlantic Beach Building and Zoning Planner Derek Reeves ("Mr. Reeves") testified that the City issues between 30-35 permits annually and that one-hundred percent of the applicants meet with Verified Petition of Appeal From Order Granting Variance, Applicant: David Doward, File No.: 15-ZVAR-1035 Page 2 of 8 ,'' AGENDA ITEM #8G SEPTEMBER 14, 2015 staff not clerical staff. The issuance of the variance by the City of Atlantic Beach based upon Applicant's contractor's negligence has far reaching consequences for the City of Atlantic Beach and sets a dangerous precedence. It is foreseeable that future variance applicants, rumed with the knowledge behind the issuance of the instant variance, can also represent that they too, had an ambiguous and unsubstantiated conversation with City of Atlantic Beach clerical staff, misunderstood the petmitting requirements, and as a result commenced construction/renovation without the proper permitting thereby shifting the onus from the contractor to be knowledgeable about Atlantic Beach Code of Ordinance and the requisite permitting requirements to the City of Atlantic Beach to issue a vruiance based upon an alleged misunderstanding between a contractor and the City of Atlantic Beach clerical staff. The implications for the City of Atlantic Beach are far-reaching and problematic. Applicant next submitted detailed documents and testimony of his arduous plight resulting from his renovation assigning new blame; this time it was not the City of Atlantic Beach clerical staff, the new culprit in Applicant's construction conundrum was the villain and culprit stucco. From the outset of the July 21,2015 hearing, City of Atlantic Beach staff properly advised the CDB that stucco is an accepted building material and should work when properly installed. The Applicant's architect presented detailed testimony of an intricate drainage plane that Applicant's team of expetts had constructed to alleviate the water intrusion issues at 88 Ocean Boulevru·d. It should be noted and Applicant admitted, that stucco was never applied to the newfangled drainage plane. Finally, the Applicant also presented the testimony ofW. Ronald Woods, P.E. ("Woods"), of Woods Engineering, who is a well known expert witness in construction litigation cases. Verified Petition of Appeal From Order Granting Variance, Applicant: David Doward, File No.: 15-ZVAR-1035 Page 3 of8 AGENDA ITEM #8G SEPTEMBER 14, 2015 Without any independent inspection of the undersigned's townhouse located at 90 Ocean Boulevard, Woods, began to testify to the CDB about the habitability and renovation of90 Ocean Boulevard.1 This was Applicant's attempt at throwing out the proverbial "red heiTing" to the CD B. Rather than focusing on the issue of the reapplication of stucco, Woods successfully diverted the CDB's attention to the alleged habitability and alleged issues of 90 Ocean Boulevard and also vilified the lack of licensure among subcontractors who apply stucco. Fortunately, for the undersigned, however, Woods did concede, approximately five (5) times that the "code allows for stucco"2 ; "details for construction [with stucco] need to be specific they have to tell the subcontractor how to do this waterproofing interface or it does not work. Then they [contractor] have to follow it"3 ; "Drainage plane has to be essentially perfect [with stucco application]; it has to protect the wood and allow water to come in and slide down the plane and come back out and if it is done properly, that can be done. But it requires a lot of effort and it usually requires somebody looking at the subcontractor saying 'no you are not doing that correctly, you have to do it this way;' "4 "if it [stucco] is done well, and it is done properly, it lasts for many years but the difficulty is getting it done properly"5; "As long as it [stucco] is done properly with the divisions of the fore lines correctly then it can be done."6 To reiterate again, the CDB was presented 1 On July 7, 2014, and again on August 10, 2015 the undersigned retained House Authority Inspection Service, LLC who concluded that there was no mold contamination present. On August 10, 2015, air samples were taken from the 3rd level bedroom and fi:om the 2nd level family room. Tile air sample results concluded that "the air sample did not detect the presence of indoor mold growth ill the tested area at the time of the sampling". Furthermore, the illspector utilized his IR Camera and Moisture Meters in concludi11g that there was no eviflence of moisture present. 2 Atlantic Beach Community Development Board. (2015, July 21). Meeting of the Community Development Board: Zoning Variance Rehearing, File No.: 15-ZVAR-1035. Testimony ofW. Ronald Woods at 30:10. 3 Id. at 30:40. 4 Id. at 32:54. 5 !d. at 34:24. 6 !d. at 37:14. Verified Petition of Appeal From Order Granting Variance, Applicant: David Do ward, File No.: 15-ZV AR-1 035 Page 4 of8 ,' AGENDA ITEM #8G SEPTEMBER 14, 2015 with the express and uncontroverted testimony of the Applicant's own expert who testified that "if it [stucco) is done well, and it is done properly, it lasts for many years but the difficulty is getting it done properly."7 The Applicant successfully argued to the CDB citing Section 24-64( d) that "Exceptional circumstances preventing the reasonable use of the property as compared to other prope1ties in the area." The CDB, puzzlingly, used the testimony of the Applicant's negligent architect and his expert witness who conceded that "if it [stucco) is done well, and it is done properly, it lasts for many years but the difficulty is getting it done properly."8 Further, the CDB also had the benefit of the aforementioned ALTA repmt which ultimately concluded that the reapplication of stucco would remedy the constmction defects. Again the CDB, instead of focusing on the aforementioned, Section 24-88(b) which expressly requires the use of the same "materials" in a townhouse, chose instead to focus on the trials and tribulations that the Applicant had endured with his renovation process and erroneously shifted its focus to 90 Ocean Boulevard. Application 15-ZV AR-1035 deals not with the alleged issues at 90 Ocean Boulevard, but the request for a variance at 88 Ocean Boulevard. Considering the testimony and the comments of the CDB members an onlooker could easily draw the opposite conclusion. The CDB's mling conflicted with and violated 24-88(b); furthermore, the basis for the CDB's rationale in granting the variance was unsound. Section 24-64( d) of the Land Development Regulations states that "exceptional circumstances prevented the reasonable use of the property as compared to other properties in the area." The only exceptional circumstance presented to the CDB regarding the use ofsh1cco versus 7 !d. at 34:24. 8 !d. Verified Petition of Appeal From Order Granting Variance, Applicant: David Doward, File No.: 15-ZV AR-1035 Page 5 of8 "' AGENDA ITEM #8G SEPTEMBER 14,2015 siding was the amount of management and oversight required by the contractor when monitoring the subcontractor who is installing the stucco. A contractor supervising his subcontractors and building site to ensure quality control should hardly be considered an "exceptional circumstance." CDB Chair Brea Paul aptly pointed out that the installation of stucco is "part of the contractor's job to know the code and to ensure the proper installation of constmction components", and that the "precedence of this ruling will open the floodgates for one townhouse owner to come in and say 'my stucco is failing, and I want something else."' The vote of three CDB members expressly violated and directly conflicted with both Sections 24-64 and 24-88 of the Atlantic Beach Code. Section 24-64 specifically prevents the CDB from granting variances for, "personal comfort or convenience, for relief from financial circumstances or from relief from situations created by the property owner." The Applicant's created his own situation for which he is now seeking relief. Furthetmore, Applicant failed to demonstrate that "exceptional circumstances preventing [prevented] the reasonable use of the property as compared to other properties in the area" as reflected in the testimony presented by his own expert W. Ronald Woods who again testified that "if it [stucco] is done well, and it is done properly, it lasts for many years but the difficulty is getting it done properly,"9 and the ALTA report authored by engineer Brett Newkirk. There was no legitimate evidence that the Applicant presented to the CDB that warrant the use of siding over the use of stucco. As pointed out by Atlantic Beach Building and Zoning Planner Mr. Reeves, the CDB in considering the Applicant's request for a variance, was also required to provide a safety net for the adjacent unit (occupied by the undersigned) and the continuity of design. The CDB' s commentary Verified Petition of Appeal From Order Granting Variance, Applicant: David Doward, File No.: 15-ZVAR-1035 Page 6 of8 AGENDA ITEM #8G SEPTEMBER 14, 2015 and subsequent ruling did precisely the opposite. One particular CDB member negligently and recldessly attacked and alleged that the Applicant's neighbor's to the North, the adjacent unit (occupied by the undersigned), will have problems. This is completely without merit as there was no independent inspection conducted by the CDB member; furthermore, a contemporaneous Mold Assessment Report conducted by the House Authority Inspection Service, LLC at the behest of the undersigned demonstrate's that there is no presence of indoor mold growth at 90 Ocean Boulevard. Furthermore, the inspector utilized his IR Camera and Moisture Meters in his inspection of the North wall concluding that there was no evidence of moisture present and that the readings were normal. The report's fmdings are consistent with the current Land Development Regulation which continues to recognize stucco as an accepted building material. In closing, the CDB's ruling expressly violated and directly conflicted with both Sections 24-64 and 24-88 of the Atlantic Beach Code. The CDB's sole purpose is to apply the current law, not to interpret the law as it would be in the future. Three CDB member's ruled based upon their opinions about the evolution of the law, not the law as it is currently written. Based upon the foregoing, Appellant's and adversely affected persons, Saswata and Anjna Roy, respectfully request that the City Commission overturn the Atlantic Beach Community Development Board's decision granting the variance at 88 Ocean Boulevard. CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC STATE OF FLORIDA COUNTY OF DUVAL I understand that I am swearing or affirming under oath to the truthfulness of the claims made in Verified Petition of Appeal From Order Granting Variance, Applicant: David Doward, File No.: 15-ZVAR-1035 Page 7 of8 AGENDA ITEM #8G SEPTEMBER 14,20 15 thi s document and that the punislun ent for knowingly makin g a false statement includes fines/and or impr isonment. (Signature of Notarial Officer) Notary Public for the State of Florida CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC STATE OF FLORIDA COUNTY OF DUVAL I understand that Tam swearing or affirming under oath to the truthfulne ss of the claims made in this docu ment and that the punishment for knowing ly malting a fa lse statement include s fines/and or imprisonment. This docwnent was acknow ledged before me on thi s ~T-'- ROY. SASWATAROY (Signature of Notaria l Officer) Notary Public for th e State of Florida My comm ission exp ires: --~~O~~L>.L..t--(.._7-'--1li-1~~'""=Qf--l-'\ 2 .......... Veriued Petition of Appea l From Order Grant in g Variance, App li ca nt: Dav id Doward, Fil e No.: 15-ZV AR-1 035 Page 8 of8 LAND DEVELOPMEN'l' REGULATIONS AGENDA ITEM IIBG SEPTEM BER 14,2015 * 24-69 (i) Changes to approved plans. A ppl icant must copy tho city on any and all changes to approved pla ns including, bu t not limited Lo, changes required by other regu latory agencies ~uc h as tho St. J ohn's River Water Management Distl'ict, Florida Dcpartmcn t of Environm en- t a l Protection or Florida Departme nt of'l\·ansportation. Fnilure to provided clmngcs to t he ciLy for rev iew m ay r esult, in a stop work order being issuml if con struction deviaLos from the a pproved p lun ~:~ on fil e with the c ity. (Ord. No. 90-10-212, § 2(Exh . A), 3-8-10) S ec. 24·68. Land clearing and a lte ration of s ite g1•ade OJ' topo{,rraphy. No Land1:1 s hnll be c leared, g l'll bbed, filled, excavated or topogr aphically a ltered by a n y moans, and n o vegctntion on nny d evelopment s ite di sL urbe d, pri or to iR s uanco of n llrequil·cd appr nvalfl and devol opme nt permitH a uthori?.ing such cloal'ing or a l tcmtion. l~xcopt a s required to meet coastal construction codes as set forth within u valid p ermit from t h o F loridR. Department of E n vironmental Protection; or as require d to meet a pplicabl e 11 ood 1.0no or stol'lnwnter regulations, the b'T!lde, e levation or topography of any parco}, d evelopment o1· redevelopme nt s ite s h a ll not be a lte red. (Ord . No. 90 -10-212, § 2(Exh. A), 3-8-10) Sec. 24-69. Fees. Pu rsuan t t o s ubsection 21l-4G(o), t h o city commission for t h o C ity of Atlantic Bench h e r eby establishes t h o following (ocs r elated to the administrative coRt of carr y ing out ihe r e quire- ments of Lhis ch apter and a lso to cover the costs io r planning, zon in g, e n gineering utility and specifi c u se r e views. These fees s h a ll bH pnyablo to t h e c ity n t t h e t ime s uch applica tion o t· request is fi le d . Applications for planning and zoning r e lated requests shall not b e con sidered as complete applications un t il s uch time as require d fees have been paid in full. l~ees lo t· specific u se veri fi e d co mplia nt-based a nd perm it r ei n s t a t e m ent reviews must be paid prior Lo sch eduling of s ubse quent com p li a n ce ins pections. F eell as r e quire d by t his section a r c not refundable. (a) Planning and z oning fees. (1) Appeals ...................................................... . (2) D etermination s of vested rights ................................ . (3) C h a n ge in w ning district c l assi (i cAt ion ......................... . (4) Use-by-exception .............................................. . (5) Zoning variance or waivot• ..................................... . (6) Development review a. Single-a nd two-fami ly u ses ............................... . lJ . Multi-family u ses, p e r dwell ing unii ....................... . c. Comm ercial and industrial u ses ........................... . d. Public and institu Lional uses .............................. . Supp. No. 40 1445 $ 50.00 50 .00 50 0.00 350.00 250.00 50 .00 100.00 300.00 300.00 § 24-4.8 ATLANTIC DEACII CODE AGI!:NDA I TEM #8G SE I'TEM BER 14,20 15 s ub section 24-64(d) or us de mon strated lo preserve a protected tree. Wh ore such variances arc r equested tor side setb acks on both s ides of a parcel, th o cumu lntiv e to be wa ived sha ll not exceed five (5) percent ofthe required setback fo r a s in gle s id e. Ji"or exa mple, where tho required s ide setba ck is a comb in ed fiftee n (15) fee t, the maximum permitted to be wa iv ed on n s ingle sido or cumul a tiv ely on both s id es i::; nine (9) in ches. S im ilarly, fo l' 20-foot front and rear ~;etbacks, the maxi mum permi tted to be wnivl ld on ei th e r the front or r eAr or in co mbin ation is tw elve (12) jnches. Minor dimensi ona l variances may also be a uthorize d where an inaflvet'ten t l'mrvoying en or has res ul ted in pl aceme nt of n building not more than four (4) inch es outsi de of a required building setback lin e. In s uch cases, n letter of ex planation s ha ll be prov id ed b y the su i'Vcyor, wh ich s hall t•c ma in pa r t of t he bu il di ng permit file. (i) 'lb pos t s igns and provid ll for pt•opcr published notice of zoning r equests in acco rda nce with ~;~oct i on 24-52, a nd to fo t·wm·d approp ri ate agendn in fb t•ma ti on to bo co ns icl orerl at tho rogu lm sc h edu led meetin gs of tho commu nity d ovo lop mon t board to me mb ers at leas t ~Jeven (7) d ay~:~ pl'ior to the me eting d nte. U> 'lb rec omm end to r hire s uch pot'S()l1S as necessary to assist in the fu lfillment or t h o L'e quit·omcnts of the office and delegate to t hese emp loyees the duties a nd l't!spons i- bilities a ssigned to the community development director as m ay be n ecessa ry to cn ny ou t propel'ly, th e fun ctions of tho office. (Ord . No. 90-10-2 12, § 2(1'lxh. A), 3 -8-1 0) Sec. 24·4~). At>pea ls . Appeals of ad mi nistrative decisi on s mAd e by t he co mmunity d evelopme nt direcLo r n n d a ppeals of fin a l dec is ions of t he com munity deve lopment boa r d may be made by a dve rsely a ffected person(s) in accordance with the foJlowin g provisions. Appeals shall be l10ard at public hearing within a reasona ble pedod of time with pro per public notice, as we ll lUI du e notice to t he i nterested parties. At the hearin g, a ny party may appear in person, by age nt or by a ttorney. (a) Appeals of' administrative decisions of the co mmunity d evelopment direct01: App ea ls of a d ecis ion of t he community developme nt director may be m ade to the city co mmi $s ion by u ny adversely a ffected por so n(s), or any oflic er, boArrl m· depar tment uf the city affected by a d ec is ion of t ho community developm e nt dir ec tor mnd c unde t· the a uthority of this cha pter . S uch appeal sh a ll be fil ed in writing with t he city cl erk with in thirty (30) da ys after r e ndition of the fin a l ord er, r equiremen t, decis ion or det ermin a tion being a pp oo lod. 'l'ho commu ni ty develo pment di rector s ha ll , up on notifi ca ti on of tho filin g of th e appeal, transmit to t he city co mmission, all th o do cuments, plans 1 or other ma t eria ls constitu t in g the r eco rd upon which the action bein g appealed wns d cl'ivcd. (b) Appertls of decisions of the community development board. Appeals of' a decision of' t h e co mnl\lni ty develop me nt hon t•d mny hn mnclc to I he city cr)mmiss ion by any ndvcr~c'l y nfft>ck d Jll'l'son(s), uny of!ic c r, board or depa rtment of th e cit.y affected IJy u ny J cci:;ion S upp. No. 37 1430 LAND DEVELOPMENT REGULATIONS ACI!:NOA I TEM I/8G SEPTEMBE R 14,2015 § 24-50 of tho community d eve lopment board made under the auth ority of t h is c hapte r. S u ch n ppenl shoJI be fi led in writi n g with the city cle rk within thirty (30) dnys a ft<'t' r e ndition of the fi n a l orcl c t·, t•c quirc m c nl, decision or d etermin ation being appc!l iNI. T h e appcllllnt s h a ll prcseni io th e ci i y co mmission a p e tition , duly veri fi e d, s etting forth that the d ecis ion being Appea le d is in co nOi d with or in v iol alio n of this c h a ptPt', in who le or in part., s pcci(ying the g round:; of t ho con Hi ct Ol' vio latio n . Tho pe tition s l 1nll bo pr e sented to t ho city commission within t hirty (::10) d ays afte r tho fi I i ng-oflhe n pp1 !1\l with the ci t y cl e rll. (c) Stny of worlt. AI1 appeal to the city commission shall stay a ll work on the pre mises antl nil proceedings in fu rthet·ancc of the action appealed, un less t h e d esignated adminis- trutive official s h nl l certify to the city com miss ion that, by r eason of facts sLate d in tho certificate, a stay wou ld cn uso immin en t p ori ! to Jife or p r oper Ly. In s uch case, proceed ings o t· wo l'lc shnll not be stayocl except by OJ'(Im·, which may he g-ranted by tho city comm ission n ft or npplicntion to tho ofi ic e r from whom tho nppcn l is tnken and on due cau se s hown. (Ore!. No . 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-50. Ves ted t•ights. (a) Detenninrttion of vested rights . 'l'he determination of vested rights s h ctl l b e based upon fa ctu nl ev idence provided to t h e City of Atlantic B e nch. Each vesting determ in ation s hall he based o n a n individual ca!Je-by-case basis. Applications for a dotorminntion of ves ted rights s h a ll be submitte d to tho community developm ent director. '£ho applicant s hall h:wc the bu1·den of pl'Oofto demonstrate t h e entitlement to vested r ights purs uont to tho requireme nts of Florida law and s h a ll prov ide a ll infonnation as m ay b e required. All vested developme nt. s ubject to a vested righ ts d eterminat ion shall be con sist ent with the term s oftbe d eve lopme nt approva l up1m which t h e vesting determi n ati o n was based . (b) Expiration of vested right~>. (1) Statutory vested rights determinations s hall not have a speci fie expiration d ate unless s peci fied in other ordi nances, d e velopment permits or statutory limitations. Such vested righ ts may expire as otherwise a llowe d or required by applicable law. (2) Common law vested rights determi n a tion s, which have bee n recognized by the ~.:ity, s hall remain valid for a pcl'iud of up to livo (5) year:; from tho d a te the dete rmination was m ade u nless oth erwi!:lo specified by tho vesting d etermination, provide d tha t the ciLy may cancel a nd n egate such vested rights prior to tho expiration of said Limo pe t·iod if it can demonstrated t h at the r e ques t for a vested rights d e termination was based on substantia lly inaccurate information p rovideu by !.he applicant, or that tho revocation of Raid vested rights is clearly est ablished to be essential lor the h eal th, safety a nd w e lfa re of the publi c. (3) R e quests to extend Lhe Lime period of a vc~;tcd righ ts d eterm ination :;hall b e mado to t h o city commission and s h a ll be g r a nted only upon s howing of good cause. Supp. No. 40 1431 AGENDA ITEM: SUBMITTED BY: DATE: STRATEGIC PLAN LINK: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 90-Day Calendar for the Mayor and Commission AGENDA ITEM# 9A SEPTEMBER 14, 2015 Yvonne Calverley, Executive Assistant to the City Manag?IC----' August 26, 2015 None The 90-day calendar is included on the agenda for the purpose of setting meeting dates, determining the location, time and whether or not to videotape special meetings and workshops if the Commission desires. The rolling 90-day calendar will be revised after receiving input from City staff and the Commission and will be included in each agenda for consideration. Special notes: • Annual Board and Committee Member Reception will be held on Thursday, October 1st at 6:30pm at the Adele Grage Cultural Center. • Town Hall Meeting is scheduled for Saturday, October 3rd at 10 am in the Commission Chamber. • Photos ofNewly Elected Commission will be taken on Monday, November 9th at 4:45pm in the Commission Chamber. • Swearing-in Ceremony-Monday, November 9th BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar for October through December 2015 ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (October through December 2015) CITY MANAGER: I 0 I MAYOR AND COMMISSION October 2015 SU0:D,\ Y .\IO~D .\ Y 'J'L'J·:~D ,\ Y \\:EDi'J ·:~D .\ Y THURSD:\Y FRID.\ Y , S,\'J'Li RDA'l" .. ' . -~·· .. 1 2 3 Board and Committee T own Hall Mtg 10 am Member Reception Chamber 6:30pm Adele Grage Center 4 5 6 7 8 9 10 Due Date for Newsletter Due 10/26 (Mayor) Agenda Items 11 12 13 14 15 16 17 Commission Mtg 6:30pm (lnvoc-Daugherty) Videotaped 18 19 20 21 22 23 24 Due Date for 11/9 Agenda Items 25 26 27 28 29 30 31 Commission Mtg 6:30pm (Invoc-Beckenbach) Videotaped II I ll I MAYOR AND COMMISSION November 2015 • ~U~l!:\ y \!0;\DJ\Y · T lJ I ~SD .\ Y . \\1 Jm ~J £SD ,\Y 'l'H URSD (\ \' . I;RlDs\ Y ·. Si\TU.RD/.:Y . -,; ' .. .· ~ . ., :: '. '• ~ .... -··-. _. •• ~ . ---1.• !, ._ .... j '-....._ '\lw~ • •' • •-0 r-. • • j_.~.r~' .1! •. -I'~ ' •• .J_• _ _.._ ••.• -;':"":l 1 2 3 4 5 6 Newsletter Due 7 (Mayor) Due Date for 11/23 Agenda Items 8 9 10 11 12 13 14 Photos-4:45pm Veterans Day Commission Mtg 6:30pm Swearing-In Ceremony City Offices (lnvoc -Woods) Closed Videotaped 15 16 17 18 19 20 21 Due Date for 12/14 Agenda Items 22 23 24 25 26 27 28 Commission Mtg 6:30pm City Offices City Offices (In voc-Reeves) Closed Closed Videotaped 29 30 II I ~ I MAYOR AND COMMISSION December 2015 ~U~D.\Y :\IO~D.\Y Tl"E~D.\Y \\"EDI'\E~D.\ Y Tlll'R~D. \ Y FRID.\Y S.\TL'RD.\Y 1 2 3 4 5 6 7 8 9 10 11 12 Newsletter Due (Mayor) 13 14 15 16 17 18 19 Commission Mtg 6:30pm (Invoc-Hill) Videotaped 20 21 22 23 24 25 26 City Offices City Offices Closed Closed 27 28 29 30 31