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3-14-16 Amended Agenda Packet - 2CITY OF ATLANTIC BEACH CITY COMMISSION MEETING March 14, 2016-6:30PM AMENDED AGENDA Invocation and pledge to the flag Call to order 1. A. B. c. D. Approve the minutes of the Commission Meeting ofFebruary 22, 2016. Approve the minutes of the Special Called Meeting on February 25, 2016. Approve the minutes of the Public Meeting on January 23, 2016. Approve the minutes of the Public Meeting between Mayor Reeves and Commissioner Waters on January 7, 2016. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings *A. City Attorney Contract (City Manager) *B. Approve the contract between the City of Atlantic Beach and TriBridge Residential for the proposed improvements to the retention pond and dog park. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report and the Recreation Programs/Special Events Report for January 2016, the Major Public Works Projects Status for 2117116 and the Building Department Monthly Activity Report for December 2015. B. Approve the Interlocal Agreement with 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. C. Approve the purchase two (2) Gorman-Rupp Pumps in the amount of$61,933 from Hudson Pump & Equipment Associates, Inc., as they are the sole source distributor of Gorman- Rupppumps. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 45-16-22, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION; ARTICLE III, LOCAL BUSINESS TAX; SECTION 20-53, HALF 1 YEAR RECEIPTS CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE; AND SECTION 20-54, DUE DATES AND DELINQUENCIES; PENALTIES CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE AND DELETING THE REQUIREMENT THAT THE CITY CLERK SHALL DISCONNECT WATER SERVICE FOR NON PAYMENT; AND SECTION 20-56, COMPLIANCE BY RECEIPT HOLDERS TO CHANGE THE CITY MANAGER TO FINANCE DIRECTOR OR DESIGNEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business (Discussion only) A. Emergency Management Response Mock Drills. (Commissioner Stinson) B. Aquatic Gardens Stormwater Management. (Commissioner Stinson) C. Tenth Street Parking Improvements. (Commissioner Stinson) D. Application for a State Historical Marker to Commemorate Combat Team Camp Atlantic Beach. (City Manager) E. Proposed Ordinance amending boundary of Seat 2 District 13 08. (City Manager) F. Meeting Technology in the Commission Chamber. 9. City Manager A. 90-Day Calendar (April2016 through June 2016). 10. Reports and/or requests from City Commissioners and City Attorney Adjournment * Amended on 3/10/16 to add Items 3A and 3B; Contract for Item 3A added on 3/14/16. 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 5:00 PM, Friday, March 11, 2016. 2 MINUTES REGULAR CITY COMMISSION MEETING February 22, 2016 IN ATTENDANCE: Mayor Mitchell E. Reeves Commissioner Mitchell R. Harding Commissioner Jimmy Hill Commissioner John Stinson Commissioner M. Blythe Waters Invocation and pledge to the flag CITY HALL, 800 SEMINOLE ROAD City Attorney Rich Komando City Manager Nelson VanLiere City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey AGENDA ITEM #1A MARCH 14, 2016 Commissioner Harding gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Reeves explained the process for public comments. Call to Order: City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. Mayor Reeves called the meeting to order at 6:33p.m. Item 2 was taken out of sequence and acted on at this time. 2. Courtesy of Floor to Visitors Mayor Reeves opened the Courtesy of the Floor to Visitors. Kevin McLaughlin, 272 Camelia St., addressed the Tideviews Park improvements, stating he and his wife were in favor of the purchase and like what is being done with the space, with the exception of the proposed parking. He stated his thought of the property was actually having it as a neighborhood access point. Dick Hilliard, 338 11th St., distributed to the Commission the police report and pictures of the accident he had when he hit a boulder in the right-of-way that was hanging over the street. He addressed the boulder in the street stating there seems to be no control over what residents put in the right-of-way in front of their homes. He stated he would like to see somebody find out what authority the City has over people putting things on the right-of-way. He stated he was told to get the money from the insurance company and pay his deductible. He stated he had $900 in damage to his car. He stated the City needs to quit looking the other way and do something about it. Chris Jorgensen, 92 W. 3rd St., addressed Tideviews Park, Sunshine Laws, parking for Beach Diner and thanked Commissioner Stinson for his article in the water bill. Lorraine Smith, 112 Poinsettia St., stated she has petitions signed by 1500 people against the Gate station and believes they prove almost no one living in Atlantic Beach wants the station. Glenn Shuck, 104 Sylvan Dr., addressed his opposition to the Gate station and asked that they refer the issue to the Community Development Board. February 22, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MARCH 14,2016 Page2 Diana Townsend, 266 Poinsettia St., thanked Commissioner Hill for his responses to her about the Gate project. She asked that the Commission vote to put the Gate project before the Community Development Board. Mike Whalen, 1420 Mayport Rd., stated small business owners are under assault in Atlantic Beach due to the developers. He stated he is opposed to the Aquatic Drive development. John November, 271 East Coast Drive, thanked the Commission for acquiring the Bennett property and addressed what he would like to see out there. He stated he is also excited about the hens, stating he believes it will increase sustainability for our community. He further thanked City Attorney Komando, stating he has displayed nothing but professionalism and courtesy. He stated he also looks forward to working with the staff on enforcement of the tree ordinance. Genora Crain-Orth, 2922 Forbes St., Jacksonville, stated she came in support of the hen ordinance and explained the project in Jacksonville. Commissioner Hill asked if she would stay for questions during this issue's discussion. No one else from the audience spoke, so Mayor Reeves closed the Public Hearing. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of February 8, 2016. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors This item was taken out of sequence and acted on earlier in the meeting. 3. Unfinished Business from Previous Meetings A. Aquatic Townhomes Site Proposal and Contract. City Manager Van Liere explained that the attorneys for Tribridge and City Attorney Komando are still working out some legal language on the contract and asked that the Commission defer this to the next meeting. It was the consensus of the Commission to defer this to the next meeting. 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. Approve utilizing $737.99 of State Forfeiture Funds to purchase the Blackhawk Tactical Entry Kit. February 22, 2016 REGULAR COMMISSION MEETING Motion: Approve Consent Agenda Item A as written. Moved by Waters, Seconded by Harding Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 40-15-22, Public Hearing and Final Reading AGENDA ITEM #1A MARCH 14, 2016 Page3 AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT TO USE THE PUBLIC RIGHTS OF WAY OF THE CITY OF ATLANTIC BEACH, FLORIDA, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SAID FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; PROVIDING AN EFFECTIVE DATE; AND REPEALING PRIOR ORDINANCE. City Clerk Bartle read the Ordinance by title. Mayor Reeves opened the Public Hearing. No one fi·om the audience spoke so he closed the Public Hearing. Motion: Approve Ordinance No. 40-15-22 as read. Moved by Hill, Seconded by Harding Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Mr. VanLiere acknowledged that the TECO representative was here in the audience. Mr. Jeff Whitson, 4040 Phillips Hwy., representing TECO, thanked the Commission and stated they look forward to serving the City as they have done over the past 30 years and stated if anyone has questions or problems, please call them. B. ORDINANCE NO. 20-16-136, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR APPROPRIATING FUNDS ASSOCIATED WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION E-CRASH IMPLEMENTATION GRANT, AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title. Mayor Reeves opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. February 22, 2016 REGULAR COMMISSION MEETING Motion: Approve Ordinance No. 20-16-136 as read. Moved by Hill, Seconded by Stinson AGENDA ITEM #1A MARCH 14, 2016 Page4 City Manager Van Liere explained the grant, which requires funds be spent out of a special account which they have set up. He stated it has revenue and expense so it is a net, no increase to the City. Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Tideviews Park Improvements Discussion. City Manager Van Liere stated they are working on improving the park and are suggesting that they bring this plan to the citizens who live in that area and have them help consider what they might want to put in that plan. He stated he has discussed with Commissioner Harding holding a meeting on location on a Saturday, so they could get some input from the community. Commissioner Harding stated there have been citizens who are concerned they will not have any input and he agrees they should have a community forum on the site, stating he is more than willing to head that up. Commissioner Hill stated he believes it is counter-intuitive to add parking to that end of the park; it is a community-based park. He stated he wants to make sure that doesn't happen without a very in-depth conversation. He stated he wants to address any safety hazards and make it a usable facility. He stated, however, any big improvements, he was hoping to do incrementally. He stated he also believes this is a natural park and not a baseball, soccer, etc. park. He stated he believes it is important they maintain as much natural feel to it as possible. Commissioner Waters agreed with Commissioner Hill, stating when they purchased the Bennett property it was to improve ingress and egress from within the community. She stated there is parking that is underutilized at the main entrance to Tideviews Park and whatever they can do to direct car traffic to the existing parking would be beneficial. Commissioner Stinson asked the City Manager to discuss the cost of $500,000 for development of this area. Mr. Van Liere stated these improvements are not in the current year's budget. He stated they would have a community meeting to get ideas and decide on the amenities they would like to have in the park, if any. He stated the $500,000 is not so much a makeup of a list of projects but an amount of funds that has customarily been approved in the past by FIND as an upward limit. He stated those funds may or may not become available to us so we would have to come up with our match for those funds and then go through the budget process and hope we get FIND funding. He stated this will be a pay as we go and, hopefully, with grant help. Discussion ensued. Mayor Reeves agreed that $500,000 is a lot of money and believes they need to have a citizen meeting on site. He stated he is concerned about the improvements they need to make to the parks, currently. February 22, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A MARCH 14,2016 Page 5 Commissioner Stinson asked for an overview of the timeline. City Manager VanLiere stated he was looking at March 12 or 19 for a community meeting, which could give some time to knock the house down. He stated regarding the grant, he believes they can outline some ideas, without being exactly specific about what they are doing. He stated they would hopefully have enough to put in the grant application to get our name on the list to get some funding. He stated, if not, they can always reapply the next year and try again. Further discussion ensued. City Manager stated this item does not need to come back to the next meeting. He stated after they have a town meeting, then they can come back with some ideas/suggestions. Commissioner Hill stated they should give staff clear direction to make the site safe. Commissioner Stinson stated he believes they need to give a clear directive of a target budget. He also stated based on our Marsh Master Plan, this has to be a natural preserve and park. Commissioner Harding stated they have already allocated the money to raze the house, make it green space, remove all the structures and fences and make the property safe. He stated he believes the money they are speaking of now, in terms of the grant and any future monies that may be allocated, are going to be strictly dependent upon the plans they get from the community involvement. He stated he isn't sure what they need to put on the agenda until they decide exactly what it is that they are going to be talking about, at a future date, trying to accomplish and what kind of plans they are going to put together for the property. Mayor Reeves stated he would like the City Manager to do a staff report with Chief Deal regarding the safety out there. He also would like staff to send a notice to all homes in the area regarding the meeting. He suggested perhaps using the Chiefs sign to announce this meeting. Mr. VanLiere asked if they want to set Saturday, March 12, as the date, with a back-up date of 19th. Mayor Reeves asked that the Commission get back to the City Manager on the date. It was the consensus of the Commission to move this item forward. B. Consideration of Hen Permits. Commissioner Hill explained this is mostly driven from a County initiative to look into this issue. He stated the County has done a permitting experiment to see how this would work and it came out with no major flaws. He stated he has had citizens asking about this since he has been in office. He stated he would like to remove the governmental restriction to do this. He stated the challenge is how they do this. He suggested doing this in an ordinance form through the regular process. He stated he would like to trust the County's test and move it forward after they answer some of the questions. He stated he would like to have an open discussion to see if this is something the Commission is interested in and bring an ordinance back later. Commissioner Waters stated she is in support of this. City Attorney Komando stated Commissioner Hill had recommended skipping the pilot step and asked, in drafting an ordinance, if that was the preference of the Commission. He stated the City of Jacksonville has a training program and asked if that was an aspect they are going to incorporate as well. He also asked how they would revoke a permit and what is the limit on number of permits. February 22, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A MARCH 14, 2016 Page6 Mayor Reeves stated he believes the Jacksonville ordinance is done well. He stated he has done some research on chickens and noted some pros and cons he found in his research. He stated he spoke with the instructor in Jacksonville who said he could also provide training instruction here for no charge. He expressed concerns about enforcement. Commissioner Hill stated his envision of this would be an Ordinance that was extremely heavily weighted and crafted that would allow the removal of the permit and, in lieu of a long test period, he would like to make it clear that you could lose your permit for various reasons, which will need to be discussed as they go. He stated he would not consider this without a training program. He stated the permit fee should recoop any additional costs it creates bureaucratically for the City. He stated chickens provide one of the best test beds for a community for viruses/diseases and asked the previous speaker if she knows if there is a test bed for the new virus sweeping through Central America and in Florida pretty heavily. Ms. Crain-Orth stated she is not aware if the Zika virus is or not, but stated there are flocks of sentinel chickens strategically located around the City in undisclosed locations where blood is sampled from them on a weekly basis. She explained when a chicken is bit by a mosquito that is infected with encephalitis or similar disease, the antibodies in that chicken go through the roof; and when they test that chicken they can see that has happened. She stated if a subsequent mosquito bites that chicken and extracts blood, the chicken doesn't transmit that virus. Commissioner Stinson stated he would be in favor of a pilot program that limits the number of permits and believes a training program should be required. He stated the permit revocation process may be much more complex than they imagine. He stated he believes they should go to Jacksonville and ask what this has cost them. He stated if they are going to introduce another aspect into the management and enforcement issue for our police and code enforcement staff, how much of a larger burden will it be, what will it cost to enforce, etc. Ms. Crain-Orth explained the way the City of Jacksonville handled this was that the Animal Care and Control does not respond to calls on chickens; their purview is basically dogs and cats, due to their budget. She stated written into the ordinance language is, if someone decides they want to surrender their chicken, they can't surrender it to Animal Care and Control but have to take it to an approved location. She stated Standard Feed was the approved location named in the Jacksonville Ordinance. Commissioner Stinson asked what about the people who don't want to get rid of their chickens, but don't want to take care of them. Ms. Crain-Orth stated that is managed through municipal Code Enforcement. Discussion ensued. Ms. Crain-Orth added Neptune Beach is treating a coop as an accessory structure, which she believes may work in Atlantic Beach as well. She further stated related to enforcement, Jacksonville's is enforced by complaints. She stated if a neighbor complains, Code Enforcement can visit the backyard on a noticed visit to ensure that they are abiding by the rules and, if they are not, their permit is subject to be revoked. Building and Zoning Director Jeremy Hubsch stated they would likely want to add something in the accessory structure section of the Code for the chicken coops. He stated there is also the issue that they would not want the coops in the front or side yards and would want to have some standards there as far as setbacks go. He stated even the Jacksonville Code was put into their Zoning Code and their supplementary regulations where they put a whole separate section of criteria that if they are not met, code enforcement action can be taken. He stated we have a supplementary regulation section of our code where we could put February 22, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A MARCH 14, 2016 Page7 something specific to backyard chickens in there and create a set of standards including setbacks, which would require amending our zoning code and would have to go through the Community Development Board. Mayor Reeves stated he would like to recommend staff check to see if there are any enforcement problems in Jacksonville. Mr. Hubsch stated he is friends with some Jacksonville staffers who have been dealing with this Code and will reach out to them to see how it has worked for them. Further discussion ensued. It was the consensus of the Commission to direct staff and the City Manager to work with the City Attorney and the Commission and, once the City Attorney has enough to bring it back, staff will bring it back to the agenda. C. Budget Calendar and Strategic Planning. Mr. Van Liere explained the budget calendar and strategic planning. He stated strategic planning is a long- tetm vision, which considering how loaded their schedule is, they may or may not want to do every year; it is not necessary that they do it every year. He stated he could find a facilitator to go through this strategic planning process again if they want or he could offer to have pre-budget meetings with each of the Commissioners to get feedback. He stated he needs direction if they want to go through that process. Commissioner Hill stated rather than a facilitator he would like to see our HR Director and Department Heads have a strategic planning discussion in an open format. He believes it would be beneficial for the new Commissioners to get their thoughts and plans out because there is no other opportunity. He stated he would like to see it facilitated internally and department heads engaged. Commissioner Waters agreed it is financially unnecessary to do outside strategic planning every year and seems reasonable to keep some of it in-house. Commissioner Stinson agreed they do not need an outside facilitator for this process. He believes strategic planning for a city is a little unique in that this Commission changes its face every two year and the next Commission may have a much different perspective/direction they would like to take the City. He stated he doesn't believe it has to be a ten-year plan but believes they do need to have a plan; if they don't have a plan they will fail without it. Commissioner Hill clarified he was leaning more toward our HR Director for facilitation because she has handled things similar to that but if that is not a fit, he is not making that a recommendation. Commissioner Harding stated he also agrees that an outside facilitator is not necessary; he believes we have competent staff. Mayor Reeves discussed the budget, stating one of the Commission's most responsible duties is how the City's money is being spent. He stated he does not want to see a millage increase; he wants to see a millage decrease for the citizens, but doesn't want to see a budget that makes somebody lose something if they reduce the money. He stated he doesn't believe in that type government. He believes they can tweak the current budget and not take any services away from our citizens. Commissioner Waters clarified that even with the rollback in place, we still have the lowest millage rate of all three beaches cities. She agreed it makes sense for each of the departments to present their budgets. February 22, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A MARCH 14, 2016 PageS Commissioner Hill stated the City expects and anticipates a higher level of service so they are not dollar for dollar the same as every community around them. He stated when you cut the budget to the point where citizens feel it, they will come and push back in the other direction; it is a balance. You have to make sure you are not wasting money and he gives current staff a lot of credit. He stated they have made some unique adjustments as the writer of the budget for many years. He stated they are seeing some savings and he wants to make sure they are giving clear, big picture directions to staff. Mayor Reeves agreed with Commissioner Hill, stating every citizen should get the best and everyone who works for the City works for the citizens. He stated one reason he is so strong about reducing our millage rate, and Commissioner Waters is correct that we do have the lowest, is that right now with the new development in Atlantic Beach Country Club it will bring us another $425,000 of new taxes. He stated that doesn't mean we take that and go out and spend it. Further discussion ensued. City Manager Van Liere explained the budget workshop process, stating it has always been the City Manager's job to propose the budget to the Commission and then have staff give the presentations on the individual items that are in it. He stated he believes it is important that each of them understand all of the budget, not just a section of it because the funding sources are very intertwined. He stated the past 2-3 years, they haven't had a directive to cut taxes or cut the budget. He stated instead they have been trying to rebound and they finally had some tax revenues to work with and were able to give employees some raises. He stated he knows that they have an increased thirst for a higher level of service, especially in park maintenance, etc. He stated it will be a challenge to do more with less revenue but he believes that his task is to put that proposal together as best he can and present it to the Commission. Discussion ensued. 9. City Manager A. City Manager's Report. • 90-Day Calendar (March 2016 through May 2016). Mr. Van Liere reported the City Attorney selection process begins and he will get with the Commission on the meeting date for Tideviews Park. He pointed out some of the events on the March calendar. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Harding • Excited to meet with the citizens, stating there have been a lot of misconceptions that hopefully this meeting will clear up, and he is looking forward to get their ideas and plans. • Reported on the FLC dinner/meeting last Thursday and encouraged the other Commissioners to attend. • Will be unavailable from March 24-28 and will not be at the March 28 meeting. Commissioner Waters • Congratulated the Donna Hicken Foundation on a successful marathon. • Thanked the other Commissioners for working around her schedule with the Special Called Meeting. February 22, 2016 REGULAR COMMISSION MEETING Commissioner Hill AGENDA ITEM #1A MARCH 14, 2016 Page9 • When the audience presents items that are not on the agenda he believes they need to address them. He believes they need to address the issue with the rock and the damage to Mr. Hilliard's car. Stated he would like a report at the next meeting on a solution to the right-of-way encroachment. • There is some serious drug paraphernalia being sold in our convenience stores that he wants to have some action taken to move toward removing. He stated he would like to make that a priority. • He believes the City Attorney should speak briefly to where we are at with the Gate issue. • Discussed the deterioration of the small business environment and believes they need to make some effort to encourage these businesses and would like the Planning and Permitting Department to look into this to see if there are some solutions on the table that other communities might be using. Commissioner Stinson • Concurs with Commissioner Hill's comments about Mr. Hilliard's car. • Referenced a resident who spoke tonight who stated it appears they do not care. He stated he apologized because he believes they all do care very much. • Heard more comments on chickens tonight than he has had on multiple requests for the Commission to reevaluate our emergency management program and that bothers him. At the request of the City Manager, Chief Deal gave an update on the police building stating the general contractor, Auld and White, sent out the bid packages to the subcontractors last week and they have scheduled March 1 to do a walk-through of the Police Department to get a scope of the project. He stated they hope to have a GMP (Guaranteed Maximum Price) to the City on March 17 and they will bring it to the Commission on April 11. He stated after Commission approval they hope to commence construction around May 1. He stated when construction starts the Police Department will have to vacate the building. He stated the Fire Department will stay. He stated the plan is to have the majority of the Police Department staff relocate to the City Utility Plant off of Assisi Lane; the patrol division will operate from Water Plant 2 on Mayport Road next to the Dollar Store, with the mobile command vehicle set up there; administrative staff (records clerk and administrative assistant) will be at City Hall in the North Conference Room, which will allow citizens to come to City Hall for police business, records, or services; Animal Control has been relocated to Adele Grage; communications center will be at the back-up communications center in Jacksonville. Commissioner Hill asked that the City Manager train his staff to prepare them for the potential new customer, including threat recognition. Chief Deal stated he will meet with City Hall personnel and go over different things they can do to be alert for and watch out for and also some protocols they should do if they have a concern. Chief Deal also reported on the records management system. City Attorney Komando • Gave an update on Gate gas station permit approval, stating Mr. Adeeb and Mr. Eakin have filed an appeal of the Planning Director's decision to approve the preliminary site plan permit. He stated at this point he has reached out to the applicant and to Mr. Eakin to determine how much time they need regarding presenting their case. He stated Mr. Hubsch is compiling all of the City's documents which will be distributed to all parties so they are all working off of the same set of information. He stated at the point that they have consensus from the people involved as to how much time they need, he will ask the City Manager and City Clerk to check with the Commission about when they would like to schedule the hearing. • Reported Commissioner Stinson initiated a meeting with the City Manager, City Clerk, HR Director and himself to try to make sure that the Ordinances conform to the job duties of what each department is doing, specifically about business tax receipts. He stated they are proposing an ordinance that will February 22, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A MARCH 14, 2016 Page 10 come before the Commission, as long as there are no objections, which is why he is bringing it up now. He stated the plan is to present an ordinance for discussion at the next meeting. Mayor Reeves • Reminded everyone that Atlantic Beach Elementary received an A and they will have an open house on May 3, 1-2 pm. • Also reported on the FLC dinner/meeting. • Stated March 5 is opening day for ABAA and he has purchased a $500 banner and, if it is okay with the Commission, it will be from him and the Commissioners. He encouraged the Commission to attend to let them know they support them. • As Clyde Bradley brought to their attention, the City is in the process of putting a national marker at the location for the 1942 camp that was here during the war, near the golf course. • Wants to set up a business summit, in the future, to meet with the business owners. • Stated he is knocking on doors each Saturday, to get feedback from our citizens. • Supports Commissioner Stinson on our emergency plan and wants the training exercise. He stressed that he wants the City Manager to act on this. • Stated he wants to see Parks and Recreation start giving committee reports. Mr. Van Liere stated they are supposed to give two reports a year, one of which they give during the budget meetings, but he has not seen them give the mid-year report. He stated he spoke with Timmy Johnson and he is having issues in finding a quorum for the next meeting and they believe that structure needs to be restructured to allow fewer members to be a quorum. Commissioner Stinson stated one of the things they are doing now is trying to put together a meeting with the Board Member Review Committee and all the Chairmen of the various boards to discuss membership, what they need to do to attract membership, how they can evaluate the members they have, etc. • Discussed the Town Center Board and the possibility of the City Managers attending in place of the Mayors. Commissioner Hill stated, as Mayor Pro Tern, he would be willing to attend those meetings in the interim. • Asked the City Manager to begin attending the monthly meetings of Beaches Chamber of Commerce Board of Directors to represent our City and to give the reports. • Has a meeting with the Secretary of DOT in Tallahassee on the 24th to discuss Mayport Road and funding for the ferry. He will also testify before two committees in Tallahassee on February 25 on the elections and keeping home rule and in support ofthe Better Jacksonville Plan. • Reported the Defined Benefit Pension for General employees will be totally funded within 10 years and the City could be totally out of debt in 16 years. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 9:13p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer MINUTES SPECIAL CALLED COMMISSION MEETING February 25,2016 PRESENT: Mayor Mitchell E. Reeves Mayor Pro Tern Jimmy Hill Commissioner Mitch Harding Commissioner John Stinson 6:00p.m. Commissioner Blythe Waters (arrived at 6:08p.m.) ALSO: Cathy Berry, Human Resources Director Nelson Van Liere, City Manager Donna L. Bartle, City Clerk Nancy E. Bailey, Recording Secretary AGENDA ITEM #1B MARCH 14, 2016 Mayor Mitch Reeves called the meeting to order at 6:00p.m., which was held in the Commission Chamber for the purpose of hearing the initial presentations from the candidates for the City Attorney position. He explained the procedures for the meeting. Human Resources Director Cathy Berry answered questions from the Commission. Discussion ensued. 1. Introductory Presentation by each of the Qualified Responders to RFP 16-02. Ms. Berry introduced the candidates (as listed below) and each gave an introductory presentation to the Commission. A. DiFranza Law, P.A.-Lisa A. DiFranza, Esq. B. Douglas, Hedstrom, Cossey, P.A.-Joshua A. Cossey C. GrayRobinson P.A.-Patrick W. Krechowski D. Lewis, Longman & Walker, P.A.-Wayne Flowers-representing firm for Brenna M. Durden E. Winter Law Firm -W. Alan Winter Mayor Reeves thanked each of the applicants for coming. Ms. Berry answered questions from the Commission. Discussion ensued. 2. Courtesy of the Floor to Visitors Mayor Reeves opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Chris Jorgensen, 92 W. 3rd Street, expressed concern about what he would want in an attorney, including getting a commitment of 5 years, asked that they be familiar with Roberts Rules of Order, know about issues concerning Atlantic Beach, and stay with the legal facts. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. 3. Discussion and selection of top candidates by the Commission. AGENDA ITEM #lB MARCH 14, 2016 At the request of Mayor Reeves, it was the consensus of the Commission to suspend Roberts Rules. Discussion ensued. Motion: Advance all five candidates to the final interview on March 8, 2016. Moved by Hill, Seconded by Harding Further discussion ensued. Commissioner Stinson called the question. Mayor Reeves called for a vote on the question. Votes: Aye: -5 -Harding, Hill, Stinson, Waters, Reeves Nay:-0 CARRIED Mayor Reeves called for a vote on the Motion. Roll Call Votes: Aye: -2 -Harding, Hill Nay: -3-Stinson, Waters, Reeves MOTION FAILED Commissioner Stinson asked that they allow each Commissioner to ask one question of one candidate. Discussion ensued and the consensus was to allow each Commissioner to ask one question to each candidate and rotate the order of the speakers going alphabetically by starting with the first, for the first Commissioner, then second with the second Commissioner, etc. The Commission asked one question of each of the candidates and the candidates responded. Discussion ensued. Mayor Reeves asked for a motion to consider who they will bring back. Commissioner Hill asked if they should rank the candidates. Commissioner Stinson stated he would like the Commission to vote, up or down, for each candidate individually. Motion: Consider each firm by name and that three Yea votes advance them to the next round. Moved by Waters, Seconded by Harding Discussion ensued. Roll Call Votes: Aye:-5-Waters, Harding, Hill, Stinson, Reeves Nay:-0 MOTION CARRIED Roll Call Votes were taken on each ofthe firms with the results as follows: A. DiFranza Law, P.A., Lisa A. DiFranza, Esq. Aye -Harding, Hill Nay -Stinson, Waters, Reeves B. Douglas, Hedstrom, Cossey, P.A., Joshua A. Cossey Aye-Hill, Waters Nay-Stinson, Harding, Reeves Page2 of3 C. GrayRobinson P.A., Patrick W. Krechowski Aye-Stinson, Waters, Reeves Nay-Harding, Hill AGENDA ITEM #lB MARCH 14, 2016 D. Lewis, Longman & Walker, P.A., Wayne Flowers-representing firm for Brenna Durden Aye-Waters, Hill, Stinson, Reeves Nay -Harding E. Winter Law Firm, W. Alan Winter Aye-Hill Nay-Harding, Stinson, Waters, Reeves Following the question and answer period and the voting, the Commission determined they would advance the firms of GrayRobinson P.A. and Lewis, Longman & Walker, P.A. to return on March 8. Ms. Berry asked for clarification, as discussed earlier in the meeting, if the Commission, individually, submits questions to her for the candidates, what is the expectation? She asked, do they want her to get the answers and compile them and send them out to them or compile the questions to be asked at the March 8 meeting. Mayor Reeves stated he believes if any Commissioner asks questions, it is between her and the Commissioner and if the Commissioner decides to ask that question on March 8 or ask any other question, then that is when they will find out as a group. He asked if he has a consensus on that. Commissioner Waters asked Ms. Berry what is a reasonable workload expectation for her. Ms. Berry stated she would prefer to compile the questions, get the answers and get them all back to the Commission so they are ready on March 8. She stated the questions that have already been asked and answered may prompt more questions. Mayor Reeves stated, if they are agreeable, Ms. Berry will take all the questions that are asked and provide them to everybody before the meeting as part of the staff report. The Commissioners thanked the applicants for coming this evening. City Manager Van Liere stated he appreciates all the comments from the applicants and looks forward to the next meeting to fmd out who he will be working with. Adjournment Mayor Reeves adjourned the meeting at 8:52 pm. Attest: Donna L. Bartle, CMC City Clerk Page 3 of3 Mitchell E. Reeves Mayor AGENDA ITEM #1C MARCH 14, 2016 CITY OF ATLANTIC BEACH PUBLIC MEETING-CITY COMMISSION COMMITTEE OF THE WHOLE January 23, 2016 IN ATTENDANCE: Mayor Mitchell Reeves Commissioner Mitch Harding Commissioner John Stinson Commissioner Jimmy Hill Commissioner Blythe Waters Mayor Reeves opened the meeting at 3:01 pm on the 23rd of January 2016. Rules of order were explained to the guests in attendance informing guests that the meeting was not open for public comment or questions but only a discussion between the Commission members. 1) Topics Topics of the Forum were conveyed to the Commission and attendees. The topics were described as follows: a. Citizen request for a forum for discussion regarding the Gate Petroleum proposed development; b. Cloister Condominium south access gate use and discussion on possible solutions. Commissioner Hill was hesitant for the City Commission to facilitate such a meeting for residents to comment on the Gate Petroleum proposal. Commissioner Hill stated his belief was regularly scheduled Commission meetings provided an opportunity for residents to voice concerns about such matters. Commissioner Waters arrived to the Committee of the Whole meeting at 3:15pm. Commissioner Harding stated that citizens had requested the forum for an opportunity to have dialogue with City officials about the proposal. 2) Open Discussion Mayor Reeves opened discussion about citizen requests for open dialogue with City officials, detailing the events and comments that precipitated the request at a recent Town Hall meeting. Commissioner Hill accepted the lead role in facilitating the forum for citizens to meet to discuss concerns between themselves and for a current member of the Commission to be in attendance. Commissioner Hill committed to contacting those requesting the meeting and set a date and venue, and to AGENDA ITEM #1C MARCH 14, 2016 communicate these details to the City Clerk for dissemination to the entire Commission. Commissioner Stinson opened the discussion of the Cloister south gate matter with a slide presentation of the original proposed solution reached at a recent citizen forum on the matter. After Commissioner Stinson completed the presentation, discussion ensued. Commissioner Hill commented he believed separating "Little" Plaza from the other areas of concern seemed to make sense in his opinion. There was consensus within the group to indeed consider "Little" Plaza separately and make a recommendation to City staff to research parking and other contributing factors and begin addressing citizen complaints about traffic safety in this area. Discussion continued regarding the 1Qth Street beach access and the Cloister south gate use. No clear consensus was reached about possible solutions or direction for City staff regarding traffic and pedestrian safety, or about the current use of the Cloister south gate by Cloister residents. 3) Solutions The group reached a consensus on the request for a resident forum regarding the Gate Petroleum proposal facilitated by the City. Commissioner Hill accepted the lead role in facilitating the resident forum. Direction regarding parking and traffic pedestrian safety was agreed upon. City staff was to research parking restrictions, street width and feasibility of sidewalk construction for the area and make a recommendation to the City Commission. 4) Closing Comments Commissioner Stinson thanked all the members of the City Commission for taking time on a Saturday afternoon to work on these matters. Mayor Reeves adjourned the meeting at 4:51 pm. ATTEST: Donna L. Bartle, CMC City Clerk Minutes prepared by Commissioner John Stinson Mitchell E. Reeves Mayor /Presiding Officer CITY OF ATLANTIC BEACH AGENDA ITEM #lD MARCH 14, 2016 PUBLIC MEETING BETWEEN MAYOR REEVES AND COMMISSIONER WATERS JANUARY 7, 2016 at 7:00AM IN ATTENDANCE: Mayor Mitch Reeves Commissioner Blythe Waters Also in attendance: Resident Chris Jorgensen Mayor Reeves called the meeting to order at 7:00 a.m. in the North Conference Room of City Hall. Topic: Atlantic Beach Tree Canopy 1. Discussion between Mayor Reeves and Commissioner Waters was held on the pros and cons of creating a short-term Atlantic Beach Tree Canopy Committee to improve and simplify the current Tree Ordinance. Mayor Reeves explained he would like the Committee to work with City Staff to create a Tree Management and Planning Program. He stated the program would provide the City with a roadmap for new tree planning and maintenance of trees in City-owned rights-of-way and parks. He further stated the Committee would help in getting input from the City's residents and tree advocates and would promote tree education to builders. He stated the question is, would this be like the old Tree Board Committee and the simple answer is, no. He explained what he is proposing is for this to be only a short-term Committee charged with creating a solid Tree Management and Planning Program for Atlantic Beach. Mayor Reeves asked if Commissioner Waters would Chair the Committee of residents and experts appointed by the Commission. Commissioner Waters shared a great deal of tree knowledge and offered to give a reply later. Both Mayor Reeves and Commissioner Waters agreed to move forward and add this to a Commission meeting agenda for discussion only. They agree this discussion should come at a later date, once the Commission makes it through some other key pending Atlantic Beach issues. The meeting was adjourned at 7:43a.m. by Mayor Reeves. Attest: Donna L. Bartle, CMC City Clerk Minutes prepared by Mayor Mitchell E. Reeves. Mitchell E. Reeves Mayor AGENDA ITEM: SUBMITTED BY: DATE: STRATEGIC PLAN: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Recruitment of City Attorney Catherine Berry, J.D., Director of Human Resources March 14, 2016 None AMENDED AGENDA ITEM #3A March 14,2016 BACKGROUND: In a special called meeting on March 8, the Commission voted to direct the City Manager to negotiate a contract with the firm of Lewis, Longman and Walker, P.A., which he has done. The contract, a copy of which is attached, provides for compensation in a hybrid format as follows: lewis, Longman and Walker will attend All City Commission meetings, Special Called Commission Meetings, Code Enforcement Meetings and Community Development Board meetings and prepare for such meetings, for a monthly retainer of $4500, which is $225/hour, for up to 20 hours. All other services are "non-retainer services" and shall be billed at an hourly rate of $250 an hour in time increments of .10 hours. Paralegal time shall be billed at $150 an hour and an associate's time will be billed at $200 an hour. Litigation services in Federal or State Court, if any are requested, shall be billed at $250 an hour. Lobbying, pension and public finance/bond services shall be provided, upon request, at negotiated rates. Preapproved out-of-pocket costs will be reimbursed. Travel time or mileage in Duval County will not be charged and outside of Duval County will be billed at one half (1/2) the agreed hourly rate. LLW will be responsible for advising the City Manager when fees and costs reach $7,000 a month. Compensation mav be negotiated on an annual basis. RECOMMENDATION: The City Manager be directed to enter into the attached contract with Lewis, Longman and Walker, P.A. on behalf of the City. ATTACHMENTS: Contract for Legal Services BUDGET: $96,000 currently budgeted for legal services REVIEWED BY CITY MANAGER: ~n 4, ~":« CONTRACTFORLEGALSERVICES AMENDED AGENDA ITEM #JA March 14, 2016 THIS CONTRACT FOR LEGAL SERVICES, hereinafter referred to as the "Agreement," is made and entered to be effective this 16th day of March, 2016, by and between the City of Atlantic Beach, Florida, hereinafter referred to as the "City" and Lewis, Longman & Walker, P.A., hereinafter referred to as "LL W." Recitals A. The City is a political subdivision of the State of Florida, and maintains its principal place of operations at the City of Atlantic Beach City Hall, 800 Seminole Road, Atlantic Beach, Florida 32233. B. LL W is a Professional Association organized and existing under the laws of the State of Florida, and has its local place of business and office at 245 Riverside A venue, Suite 150, Jacksonville, FL, 32202. C. LL W was the successful responder to RFP # 16-02, issued by the City of Atlantic Beach on January 26, 2016. D. Pursuant to the terms of the RFP, the parties have negotiated the terms and conditions contained in this agreement. THEREFORE, in consideration of the premises and mutual covenants expressed herein and pursuant to the RFP response submitted by LL W, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the parties, the parties agree as follows: 1. Recitals The recitals outlined above are true and correct and are incorporated into and made a part of this Agreement. 2. Incorporate by Reference The parties hereby incorporate by reference into this Agreement the City's needs and requirements detailed in RFP #20 16-02, as well as LL W' s response to the RFP, considered by the City Commission. Further, LL W agrees to perform any and all services pursuant to this Agreement in a professional manner consistent with and as presented in LL W' s response to RFP #20 16-02. 3. Position The City hereby engages LL W to serve as and to perform the duties and responsibiliti~s of City Attorney pursuant to the Charter of the City of Atlantic Beach and the general laws of the State of Florida. LL W designates and the City accepts Brenna M. Durden, Esq. as the primary attorney for City legal work. Brenna Durden may utilize the services of other attorneys and staff in LL W as she deems appropriate for City legal work. Any attorney designated in Brenna Durden's absence shall meet the minimum requirements outlined ~ RFP #20 16-02. 4. Services to be Performed AMENDED AGENDA ITEM #3A March 14, 2016 A. General. LL W shall serve as the City Attorney, who shall act as legal advisor to, and Attorney and counselor for, the City and all of its officers in matters relating to and within the scope of their official duties. All of the resources of LL W will be available to support that role. Specifically, Brenna Durden, Esq. will have the assistance, when necessary, of other members of LL W, secretarial staff, paralegals, law research and technical support. It is expected that Brenna Durden, Esq. or her designate will provide such duties required pursuant to the Charter of the City of Atlantic Beach and the general laws of the State of Florida. B. Legal Services: The legal services to be provided on a recurr-ing basis may include but will not be limited to the following: 1. To perform the duties and responsibilities pursuant to the Charter of the City of Atlantic Beach and the general laws of the State of Florida. 2. Advise, research, assist and render written opinion, when requested, to the City on a wide variety oflegal areas including but not limited to: general municipal law, labor law, general, state and federal laws relating to municipal government, intergovernmental relations and rules and regulations. 3. Legal advisor and counselor for all departments and all of its officers in matters relating to their official duties. 4. Prepare, review, or advise on all contracts, bonds, and all other legal and official instruments in which the Municipality is concerned and shall endorse on each his approval of the form and corr-ectness. 5. Review all agenda items. 6. Advise, research and assist the City on a wide variety of legal areas including hqt not limited to: grants, budgets, bonds, user fees, impact fees, franchise fees, property taxes, special assessments, public disclosure issues, and laws against discrimination. 7. Advise, research and assist the City on a wide variety oflegal areas including but not limited to: housing, subdivision and land use law, comprehensive planning, zoning regulations and property rights, eminent domain, economic development activities, public utilities, code enforcement, building codes, real estate law, annexations. 8. Advise, research and assist the City on a wide variety oflegal areas including but not limited to: contract law, environmental law, franchise law, municipal leases, purchasing and procurement. 9. Advise, research and assist the City on a wide variety of legal areas including but not limited to: personnel matters including collective bargaining, union negotiations, arbitration, employee grievances, including advice on the creation of policies and procedures. 10. Advise, research and assist the City on a wide variety oflegal areas including but not limited to: criminal prosecution, litigation and trial activity, tort law and proactive methods to avoid litigation. 11. Code Enforcement Board attorney. 12. Prosecute and defend on behalf of the City all complaints, suits and controversies in which the City is a party except where the City's defense is provided either by contract or law by a third party. J 3. Furnish the City Commission, the City Manager and the head of any department, his opinion on any question of law relating to any matter concerning their respective power and duties. 2 AMENDED AGENDA ITEM #3A March 14, 2016 14. Advise the City Commission as to their compliance or non-compliance with the provisions of the Charter and Florida Statutes. 15. Attend all meetings of the City Commission, either in person or by his duly desi~ated representative to supply those legal services as may be needed during the meeting. 16. Provide Counsel and legal services for City boards, task forces and committees duly authorized by City Commission. 17. Assist the City in preparation, drafting, revisions of codes, ordinances, resolutions, amendments, leases, policy and procedural manuals, and other documents at the request of the City Commission and/or City Manager. 18. Assist, revise, review and/ or advise with acquisition requirements with appropriate departments, evaluate any special legal or cost problems, develop acquisition timetables, make preliminary cost estimates and obtain or develop proper legal descriptions of real estate transactions. Prepare documents necessary for routine land purchases and/or sales. All such transactions shall be deemed to be routine unless the Attorney contacts the City in advance and obtains the City's approval that the transaction contemplated is non-routine. 19. Submit, as part of the annual budget process, anticipated expenditures, and revenues. 20. Provide monthly report to City Manager summarizing legal services activities. 21. Provide all required documentation to the external auditor as part of annual audit. 22. Coordinate and supervise specialized legal services provided by outside counsel. 23. Keep the City Commission, City Manager, and City Clerk informed oflegislation or judicial opinions that have potential impact to the City. 24. Meet with City Manager and/or designee on an as needed basis to provide for the operational necessity ofthe City. 25. Assist in preparation, drafting, revisions of contracts, amendments to the contracts and other legal documents at the request of the commission and/or City Manager. 26. Advise City Commission, City Manager and City Clerk at least once a year on Svnshine Law and public records law, home rule, legislative and quasi-judicial bodies; and all other areas of municipal law, legislative and judicial opinions that could potentially impact the City. 27. Perform any other duties as assigned by the City Charter, or as directed by the City Commission. 5. Compensation. The City shall pay LL W the following compensation for the various types of legal services provided by LL W: Brenna Durden, Esq. (or her designee when she has an unavoidable scheduling conflict) will attend All Regular City Commission meetings, Special Called Commission Meetings, Code Enforcement Board Meetings and Community Development Board Meetings and prepare for such meetings, up to twenty (20) hours per month for a monthly retainer of $4,500 ($225/hour). If more than twenty (20) hours in any given month is required to provide these services, then LL W shall bill an hourly rate of $250 for any time over twenty (20) hours. All other services are "non-retainer services" and shall be billed at an hourly rate of $250 in time increments of .10 hours. Paralegal time shall be billed at $150 an hour and associate time will be billed at $200 an hour. Litigation services in Federal court, State court or administrative hearings, or if! anticipation of litigation, if any are requested, shall be billed at $250 an hour. Lobbying, pension and public finance/bond services shall be provided, upon request, at negotiated rates. 3 6. Billing AMENDED AGENDA ITEM #3A March 14, 2016 Costs: Preapproved out-of-pocket costs incurred by LL W, such as for courier fees, court reporter fees, etc., will be reimbursed to LL W within 30 days of City's receipt of an invoice. Westlaw is only charged if necessary to reimburse for costs incurred outside the regular plan with prior approval of the City. Per diem travel will only be charged if pre-approved by the City Manager. LL W shall not charge for secretarial services. Travel time or mileage to and from all City functions located inside Duval County will not be charged. Travel time and costs to functions located outside Duval County will be billed in accordance with Chapter 112, Florida Statutes, and at one half (1/2) the agreed hourly rate. LL W will be responsible for advising the City Manager when fees and costs reach $7,000 a month. Compensation may be renegotiated on an annual basis. LL W will submit an itemized statement to the City for each month for Legal Services and payment shall be due upon receipt. 7. Controlling Law This Agreement and the validity, execution, construction, interpretation, performance and enforcement thereof shall be governed by the substantive and procedural laws of the State of Florida. Venue shall be in Duval County. 8. Termination Either party may terminate this agreement without cause at any time. The City will be obligated to pay LL W for all work completed as of that date. LL W will be obligated to continue representation in, and be compensated at the applicable rate, for all critical matters until new representation can be found, to provide the City with all documentation and files relating to matters of the City and all of its other obligations under the Rules Regulating the Florida Bar. 9. Severability The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. 10. Integration The Agreement sets forth and establishes the entire understanding between the City and LL W relating to the engagement of LL W by the City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by the Agreement. No amendment or modification of this Agreement shall be valid or effective unless it is in writing and properly executed by all parties thereto. 4 11. Notice AMENDED AGENDA ITEM #3A March 14,2016 Any notice required or permitted under this Agreement shall be sent by certified mail to (a) the City at its principal place of operations and (b) to LL W at its local place of business and office. 12. Conflicts oflnterest During the term of this Agreement, Brenna Durden, Esq. and members of LL W shall observe the requirements regarding conflicts of interest as set forth in the Rules Regulating the Florida Bar and its Rules of Professional Conduct. 13. Attorneys Fees In any litigation, lawsuit, legal or other proceedings brought in connection with the construction, interpretation, meaning, validity, performance or enforcement of this Agreement, the prevailing party shall be entitled to receive all of its costs and reasonable attorney's fees from the other party. 14. Annual Evaluation The City Commission may conduct an annual evaluation of the performance of LL W. 15. Files All files generated as a result of this Contract are the property of the City of Atlantic Beach and shall be turned over promptly upon request after resolution of all compensation issues. During resolution of compensation issues, the City shall be provided liberal access to its files in order to protect its legal interests. During the course of representation, and continuing during custody of the City's files, LLW will comply with GS1-SL and the Florida Bar's record retention requirements, and will comply with Chapter 119, Florida Statutes. IN WITNESS WHEREOF, the parties executed this Agreement in Duval County, Florida, to be made and entered into the day and year first written above. CITY OF ATLANTIC BEACH, a Florida municipality. By: ____________________________ ___ Nelson Van Liere, City Manager LEWIS LONGMAN & WALKER, P.A. By: ________________________________ __ Brenna Durden, Esq., Shareholder 5 AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: ClTY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT A~IENDEO AGENI)A ITEM 1/JB March 14,2016 Approve the contract between the City of Atlantic Beach and TriBridge Residential for the proposed improvements to the retention pond and dog park. Nelson Van Lierc • .c:c:> City Manager March 8, 20 16 In January, the City Commission voted unanimously on the Tribridge proposal in connection with the development of townhomes a t the North West comer of Atlantic Blvd. and Aquatic Dtive. [n connection with the project, Tlibridge developed a plan to expand our dog park and retention pond to accommodate the drainage necessary for the project and provide some excess retention above th e required amount. Those expanded facilities will be conveyed to the City upon the issuance of the final Certificate of Occupancy for th e development. T he agreement stipulates that the dog park will be closed for about two months while it is being enlarged and that Tribridge will compensate the City for lost revenues for the period that the park is closed. Construction of the townhomes wi ll a lso involve excavation of the propetiy and the removal of garbage buried under the ground at various locations throughout the site. Geological surveys were perfonned and provided to the City indicating signi ficant debris on the site. BUDGET: The Operating Budget lmpact would he an increase in property taxes paid to the City and Capita l Improvement Fees paid to the Utilltu Fund. RECOMMENDATION: Approve the contract between the City of Atlantic Beach and TriBridge Residential with a ll necessary related documents for the proposed improvements to th e retention pond and dog park and authorize the City Manager to s ign all related documents. ATTACHMENTS: Project description Executive Summary of the agreement and related documents. Letter Agreement with related contract documents as Li sted in the Executive Summary AMENDED AGENDA ITEM #38 March 14, 2016 PROPOSED DEVELOPMENT AT CORNER OF ATLANTIC & AQUATIC Developer: TriBridge Residential, developer of BluWater Apartments in Jacksonville Beach (former George Moore Chevrolet property) Plan of Development: 23 "market-rate" rental townhomes; 2 and 3 story units with 2 car garages; same architectural and design standards as BluWater. The existing site contains a layer of household trash and debris that will have to be removed in order to build the project. The developer intends to work with the Florida Department of Environmental Protection to enroll the property in the Florida Brownfields Program. The clean-up of the site will require that the existing trees be removed in order to correctly remediate the site. Development will comply with the existing zoning district permitted uses and density, all of the development standards of the Land Development Code and the 35' height limit. The project will also comply with Chapter 23 Protection of Trees and Native Vegetation of the City Municipal Code by a combination of re-planting of trees from the City of Atlantic Beach Recommended Tree List on the developed property and on the Dog Park retention pond along with purchasing credits from the City of Atlantic Beach tree mitigation fund. Proposed enhancements to adjacent City Dog Park JAX\2019348_1 • Conveyance of land to the City of Atlantic Beach for expanded pond and recreation path (area shown in green on attached aerial) within one year of the completion of the project. The completion of the project is defined as the point in time at which the owner has obtained all Certificates of Occupancy for the project and all required approvals fi:om the various departments that oversee new construction projects within the City of Atlantic Beach or any governing entity that has jurisdiction over the project. As a part of the conveyance of land, the City of Atlantic Beach will agree to sign and grant the following easements to the developer: Perpetual Drainage Easement for the right to drain into the modified retention pond. This easement will include the maintenance of the pond and include access rights for the owner to the pond and dog park for maintenance activities. Easement to reserve the right to utilize the property that was conveyed to the City of Atlantic Beach to allow for the development to be legal and conforming to all zoning requirements. The property will not be considered legal non-conforming upon conveyance. Any access or utility easements that would be required by the owner or any governing body that would require such easement. AMENDED AGENDA ITEM #3B March 14,2016 • Enlargement of the city owned and maintained retention pond immediately adjacent to the proposed development site for additional stormwater capacity for the Aquatic Gardens area of Atlantic Beach. The modifications to the existing pond will create approximately 3,053 Cubic Yards of additional volume at a water elevation of 7; of this capacity, approximately one-third of the additional storage is above and beyond the required capacity for our site. • As a part of the enlargement of the pond, the existing pedestrian area on the southern and eastern sides of the pond will be lowered to make them closer to the normal water level of the pond. The City of Atlantic Beach and the developer both acknowledge that during a significant rain event, the pond will rise over this modified pedestrian area to create additional storage volume for the pond. • The existing maintenance easement around the southern and eastern portion of the pond will be located within the pedestrian area of the pond as coordinated with SJRWMD. • Appropriate grass and tree materials will be planted on the southern and eastern portions of the pond within the pedestrian area. The pedestrian walkway will be grass. The developer will work with the City of Atlantic Beach to determine the correct tree species to plant in this area of the dog park. • Construction of a 12' by 12' cabana for shade, rain cover, etc. with the existing footprint of the dog park. The construction of the cabana will be of standard construction techniques and utilize masonry and wood frame construction. • All improvements outlined in this document are to be funded by developer. Additional benefits to City JAX\2019348_1 • Projected property tax revenue to the City will be approximately 8 times the existing assessed value. • Complete remediation of existing site contamination from former unpermitted solid waste dump. • Creation of delineated on-street parking on Aquatic Drive as overflow parking for Dog Park. • Construction of side walk on Aquatic Drive from intersection with Atlantic Boulevard to the Dog Park. TRIBRIDGE AMENDED AGENDA ITEM #JB March 14, 2016 RESIDENTIAL Executive Summary Aquatic Drive -TBR / COAB Retention Pond and Dog Park Agreement Documents The following documents have been provided to the City of Atlantic Beach (COAB) for the proposed improvements to the city-owned retention pond and dog park facility in connection with the development of the parcel of land at the NW corner of the intersection of Aquatic Drive and Atlantic Boulevard. 1) Letter Agreement between the City of Atlantic Beach and Tribridge Residential (TBR): This document outlines the agreement between COAB and TBR for the proposed improvements to the retention pond and dog park. It includes details on how the property will be conveyed to the city, the work that will be completed on the city property and on the TBR property prior to the conveyance, the construction easement and permanent easement, and includes the instructions for the escrow agent that will assist with the filing of the legal documents associated with the project. 2) Temporary Construction Easement: This document will allow TBR and their construction team to perform work on the COAB retention pond and Dog Park once the plans are reviewed and permits are issued by the COAB. 3) Stormwater Detention Pond Easement Agreement: This document establishes the ability of the developed property to use the COAB retention pond (improved pond) in perpetuity and will be filed after the improvements to the pond are completed. 4) Special Warrany Deed to COAB: This is the document that will convey the property to the COAB upon completion of the project. 5) Escrow Instruction Letter: This is the document that will instruct the escrow agent on the timeline for when to file the documents listed above. 1 AMENDED AGENDA ITEM #JB March 14, 2016 TRI BRIDGE RESIDENTIAL Dear March __ , 2016 Re: Letter Agreement regarding proposed real property conveyance and drainage easement and between TBR Aquatic Owner, LLC ("TBR '~ and the City of Atlantic Beach, Florida ("COAB '~. ------- This letter agreement (the "Letter Agreement") sets forth the terms by which (i) TBR shall convey to COAB, using the form of special warranty deed which is attached hereto as Exhibit A (the "Special Warranty Deed"), a portion of that certain real property (the "Transferred Property") that it owns, or will own, and lies to the east of certain real property owned by COAB and identified as Tax Parcell77411 0200 (the "COAB Property"), and (ii) COAB shall convey to TBR a perpetual drainage easement, using the form of Stormwater Detention Pond Easement Agreement attached hereto as Exhibit B (the "Easement Agreement"), into a stormwater detention pond lying jointly on the COAB Property and the Transferred Property (the "Stormwater Detention Pond"), as well as a temporary construction easement, using the form of Temporary Construction Easement Agreement attached hereto as Exhibit C (the "Temporary Construction Easement"), giving TBR the right to expand the Stormwater Detention Pond. Now therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Grantor and Grantee, the parties hereto agree as follows: 1. TBR agrees to convey to COAB, and COAB agrees to accept from TBR, the Transferred Property upon the terms and conditions set forth in this Letter Agreement. COAB agrees to transfer and convey to TBR, and TBR agrees to accept from COAB, those certain easements, covenants and other rights set forth in the Temporary Construction Easement Agreement and the Permanent Easement Agreement upon the terms and conditions set forth in this Letter Agreement. 2. Upon execution of this Letter Agreement, the parties hereto agree to execute and irrevocably deliver into escrow with Calloway Title & Escrow, LLC, Attn: S. Marcus Calloway, 4170 Ashford Dunwoody Road, Suite 285, Atlanta, Georgia 30319 (the "Escrow Agent"), the following documents (the "Closing Documents"): a. the Special Warranty Deed; b. the Temporary Construction Easement Agreement; c. the Permanent Easement Agreement; and AMENDED AGENDA ITEM #38 March 14, 2016 d. the escrow instruction letter which is attached hereto as Exhibit D (the "Escrow Instruction Letter"). 3. With regards to the Special Warranty Deed, the parties acknowledge and agree that no later than thirty (30) days prior to the Conveyance Date (as hereinafter defined), TBR shall present COAB with a proposed metes and bounds legal description for the Transferred Property which is to be conveyed thereby (the "Proposed Legal Description"), which such proposed metes and bounds legal description shall be materially consistent with, and in substantially the same location as, the cross- hatched area on the site plan attached hereto as Exhibit E. Within twenty (20) days of COAB's receipt of the Proposed Legal Description, COAB shall either approve or disapprove of the Proposed Legal Description. To the extent COAB approves of the Proposed Legal Description, or if COAB fails to respond within said twenty (20) day period, then the Proposed Legal Description shall thereafter be inserted as Exhibit A to the Special Warranty Deed. To the extent COAB disapproves of the Proposed Legal Description, then COAB shall notify TBR of its disapproval of the same and the specific reason for such disapproval and TBR shall within ten (1 0) days of such disapproval resubmit a revised metes and bounds legal description to COAB. The foregoing procedure shall continue until the earlier to occur of (i) TBR and COAB agree upon the Proposed Legal Description, or (ii) the Conveyance Date. If the Proposed Legal Description has not been approved by the parties prior to the Conveyance Date, then the last version of the Proposed Legal Description shall be attached to the Special Warranty Deed as Exhibit A thereto. 4. With regards to the Easement Agreement, the parties acknowledge and agree that no later than thirty (30) days prior to the Conveyance Date, TBR shall present COAB with proposed plans and specifications (the "Proposed Plans") for the expansion, at its sole cost and expense, of the Stormwater Detention Pond, which such Proposed Plans shall be materially consistent with the preliminary plans attached hereto as Exhibit F. Within twenty (20) days of COAB's receipt of the Proposed Plans, COAB shall either approve or disapprove of the Proposed Plans. To the extent COAB approves of the Proposed Plans, or if COAB fails to respond within said twenty (20) day period, then the Proposed Plans shall thereafter be inserted as Exhibit C to the Easement Agreement. To the extent COAB disapproves of the Proposed Plans, then COAB shall notify TBR of its disapproval of the same and the specific reason for such disapproval and TBR shall within ten (1 0) days of such disapproval resubmit revised Proposed Plans to COAB. The foregoing procedure shall continue until the earlier to occur of (i) TBR and COAB agree upon the Proposed Plans, or (ii) the Conveyance Date. If the Proposed Plans have not been approved by the parties prior to the Conveyance Date, then the last version of the Proposed Plans as proposed by TBR shall be attached to the Easement Agreement as Exhibit C thereto. 5. The obligations of TBR under this Letter Agreement are expressly contingent on the following (each a "Conveyance Condition"): a. TBR's acquisition of that certain 1.67 acre parcel of real property located in the City of Atlantic Beach, Duval County, Florida which is adjacent to the COAB Property and is identified as Tax Parcell77603-0000 (the "TBR Property"). b. TBR has been issued the first certificate of occupancy allowing residential use of a building which has been constructed by TBR, or which has been constructed on AMENDED AGENDA ITEM #3B March 14, 2016 TBR's behalf, on the TBR Property, or such similar documentation which evidences that a building is fit for residential occupancy and which is typically issued by COAB or such other governing authority as has jurisdiction over the same. To the extent the Conveyance Conditions have not yet been satisfied by the Final Conveyance Date, then this Letter Agreement shall terminate, whereupon the Closing Documents shall be immediately returned by Escrow Agent to the parties hereto; provided, however, that to the extent TBR undertook any construction activity or otherwise materially altered or damaged the COAB Property pursuant to its rights under the Temporary Construction Easement Agreement, then unless otherwise instructed in writing by COAB, TBR shall restore, at its sole cost and expense, the COAB Property to substantially the same condition as it existed prior to TBR undertaking such constmction or other activity. 6. The conveyance of the Temporary Construction Easement Agreement from COAB to TBR shall be effectuated by Escrow Agent on the date TBR acquires the TBR Property. The conveyance of the Transferred Property from TBR to COAB, and the conveyance of the Easement Agreement from COAB to TBR, shall be effectuated by Escrow Agent upon the date the conditions set forth in the Escrow Instruction Letter have been satisfied in full (the "Conveyance Date") but which in no event shall be later than March 14, 2018 (the "Final Conveyance Date"). 7. TBR and COAB acknowledge and agree that, during the course of TBR's expansion of the Stormwater Detention Pond and as set forth in the Temporary Constmction Easement Agreement, and by providing not less than five (5) days written notice to COAB and by placing a sign on the COAB Property not less than five ( 5) days in advance of such closure advising the public of the length of the closure, TBR shall have the right to temporarily close to the public the dog park and any other publicly accessible areas of the COAB Property for such periods of time as TBR shall deem necessary to constmct the Stormwater Detention Pond; provided, however, that in no event shall TBR close the dog park or other publicly accessible areas of the COAB Property for more than sixty (60) days in the aggregate (the "Closure Period"). Notwithstanding the above, TBR (with the consent of COAB) shall have two (2) options to extend the Closure Period by fifteen (15) days each by providing written notice to COAB not less than five (5) days prior to such extension. To the extent that TBR closes the dog park, then TBR shall pay to COAB the sum of One Thousand Five Hundred and No/100 Dollars ($1 ,500.00) for each calendar month the dog park is closed. To the extent the dog park is closed for less than a full calendar month (i.e. the dog park is closes after the first day of the calendar month or opens before the last day of the calendar month), then TBR shall pay to COAB a prorated amount for said calendar month. 8. If either party is in default with respect to, cir breaches, or fails to perform one or more of the representations, covenants, warranties or other terms of this Letter Agreement, said party shall be entitled, as its sole and exclusive remedy hereunder, to either terminate this Letter Agreement, whereupon the Closing Documents shall be immediately returned by Escrow Agent to the parties hereto, or (ii) enforce specific performance of this Letter Agreement. 9. The Letter Agreement may be sent via e-mail, via PDF or via facsimile, and such signatures shall be deemed valid and binding to the same extent as an original signature. This Letter Agreement may be assigned by TBR but under no circumstances shall it be assignable by COAB, in whole or in part, without the prior written consent of TBR, and any such assignment without the consent of TBR shall be null and void and of no force or effect. If any term, covenant, condition or provision of this Letter Agreement, or the application thereof to any person or circumstance, shall ever be held to be invalid or unenforceable, then in each such event the remainder of this Letter Agreement AMENDED AGENDA ITEM #JB March 14, 2016 or the application of such term, covenant, condition or provision to any other person or any other circumstance (other than those as to which it shall be invalid or unenforceable) shall not be thereby affected, and each term, covenant, condition and provision hereof shall remain valid and enforceable to the fullest extent permitted by law. Time is of the essence of this Letter Agreement. If any date set forth in this Letter Agreement shall fall on, or any time period set forth in this Agreement shall expire on, a day which is a Saturday, Sunday, federal or state holiday, or other non-business day, such date shall automatically be extended to, and the expiration of such time period shall automatically be extended to, the next day which is not a Saturday, Sunday, federal or state holiday or other non- business day. The final day of any time period under this Letter Agreement or any deadline under this Letter Agreement shall include the period of time through and including such specified day or date and shall be deemed to end at 7:00p.m. Duval County, Florida time. This Letter Agreement supersedes all prior discussions among TBR and COAB with respect to the matters contained herein, and contains the sole and entire understanding among TBR and COAB with respect to the matters herein contained. This Letter Agreement shall not be modified or amended except by an instrument in writing executed by or on behalf of TBR and COAB. This Letter Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. In the event of any litigation between TBR and COAB arising under or in connection with this Letter Agreement, the prevailing party shall be entitled to recover from the other party the expenses of litigation (including reasonable attorneys' fees, expenses and disbursements) incurred by the prevailing party. Agreed to and Accepted By: CITY OF ATLANTIC BEACH, a corporate body politic By: ________________ __ Name: ----------------- Title: ----------------- Sincerely, TBRAQUATIC OWNER, LLC, a Delaware limited liability company By: ______________ __ Name: ---------------- Title: ----------------- Exhibit A Special Warranty Deed [See Attached] AMENDED AGENDA ITEM #38 March 14, 2016 Prepared by and return to: Eric R. Wilensky, Esq. Nelson Muiiins Riley & Scarborough LLP Atlantic Station 20117th StreetNW, Suite 1700 Atlanta, GA 30363 SPECIAL WARRANTY DEED AMENDED AGENDA ITEM #3B March 14, 2016 THIS SPECIAL WARRANTY DEED (this "Deed") is made as of this __ day of _____ , 20_, by TBR AQUATIC OWNER, LLC, a Delaware limited liability company ("Grantor"), whose address is 1575 Northside Drive NW, Suite 200, Building 100, Atlanta, Georgia 30318, to and in favor of CITY OF ATLANTIC BEACH, a corporate body politic (the "Grantee"), whose address is 800 Seminole Road, Atlantic Beach, Florida 32233 (the words "Grantor" and "Grantee" to include their respective successors and assigns where the context requires or permits). WITNESSETH: That the Grantor, for and in consideration ofthe sum ofTen and No/100 Dollars ($10.00) and other valuable consideration, the receipt whereof is hereby acknowledged, by these presents does hereby grant, bargain, sell, alien, remise, release and convey unto the Grantee, that certain real property located in Duval County, Florida, which is described in the attached Exhibit A (the "Property") and which is a portion of a larger parcel described in the attached Exhibit B (the "Master Property"). TO HAVE AND TO HOLD the Land, together with all tenements, improvements, hereditaments, easements, benefits, rights, privileges, and appurtenances belonging to or benefiting the Land forever in FEE SIMPLE. AND GRANTOR HEREBY COVENANTS with Grantee that the Grantor is lawfully seized of the Land in fee simple; that Grantor has good right and lawful authority to sell and convey the Land; and that Grantor hereby fully warrants the title to the Land and will defend the same against the lawful claims of all persons claiming by, through or under Grantor but against no other, subject only to the matters set forth on Exhibit C attached hereto (the "Permitted Exceptions"). [SIGNATURE APPEARS ON FOLLOWING PAGE] AMENDED AGENDA ITEM #JB March 14, 2016 IN WITNESS WHEREOF, the Grantor has executed this Deed as of the day and year first above written. WITNESSES: GRANTOR: TBR AQUATIC OWNER, LLC a Delaware limited liability company PrintName: ________________ _ By: _________________ _ Name: ------------------------------- Print Name: Title: ____________________________ _ ----------------- STATE OF _______ ) ) SS: COUNTY OF ______ ) I HEREBY CERTIFY that the foregoing instrument was acknowledged and executed before this day of , 20_ by , as of TBR AQUATIC OWNER, LLC, a Delaware limited liability company, on behalf of said limited liability company. He is personally known to me or has produced as identification. --------------------------------- Notary Public, State of _____________ _ Printed Name: ___________________ __ My commission expires: . [Notary Seal] EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY [TO BE INSERTED] AMENDED AGENDA ITEM #JB March 14, 2016 EXHIDIT "B II LEGAL DESCRIPTION OF MASTER PROPERTY AMENDED AGENDA ITEM #3B March 14, 2016 THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND, SITUATE, LYING AND BEING A PART OF THE CASTRO Y. FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENONG AT THE SOUTHWEST CORNER OF THOSE CERTAIN LANDS SHOWN ON PLAT OF ROYAL PALMS ACRES, AS RECORDED IN PLAT BOOK 34, PAGE 92 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE SOUTH 7° 16' 02" EAST ALONG THE WESTERLY LINE OF THOSE CERTAIN LANDS DESCRIBED IN DEED, RECORDED IN OFFICIAL RECORD VOLUME 3248, PAGE 509 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY, 285.23 FEET TO THE SOUTHWEST CORNER THEREOF FOR A POINT OF BEGINNING; THENCE CONTINUING SOUTH 7° 16' 02" EAST AND ALONG THE WEST LINE OF THOSE CERTAIN LANDS DESCRIBED IN OFFICIAL RECORD VOLUME 2479, PAGE 717 OF SAID PUBLIC RECORDS, 525.88 FEET TO A POINT SITUATE IN THE NORTHERLY RIGHT OF WAY LINE OF ATLANTIC BOULEVARD (100-FOOT RIGHT OF WAY AS NOW ESTABLISHED); THENCE NORTH 89° 18' 38" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE OF ATLANTIC BOULEVARD, 152.25 FEET TO ITS INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF AQUATIC DRIVE (A GO-FOOT RIGHT OF WAY AS NOW ESTABLISHED); THENCE NORTH 7° 16' 02" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE OF AQUATIC DRIVE, 133.38 FEET TO AN ANGLE POINT IN SAID WESTERLY RIGHT OF WAY LINE; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE OF AQUATIC DRIVE NORTH 11° 42' 30" WEST, 411.18 FEET TO A POINT SITUATE IN THE SOUTH LINE OF SAID LANDS DESCRIBED IN OFFIOAL RECORDS VOLUME 3248, PAGE 509, THENCE SOUTH 82° 43' 58" WEST ALONG SAID LAST MENTIONED SOUTH LINE, 119.41 FEET TO THE POINT OF BEGINNING. EXHIBIT "C" PERMITTED EXCEPTIONS [TO BE INSERTED] AMENDED AGENDA ITEM #3B March 14, 2016 ExhibitB Easement Agreement [See Attached] AMENDED AGENDA ITEM #JB March 14,2016 PREPARED BY AND AFTER RECORDING, RETURN TO: Eric R. Wilensky, Esq. Nelson Mullins Riley & Scarborough LLP 201 1 ih St, NW, Suite 1700 Atlanta, GA 30363 AMENDED AGENDA ITEM #38 March 14, 2016 STORMW ATER DETENTION POND EASEMENT AGREEMENT THIS STORMWATER DETENTION POND EASEMENT AGREEMENT (this "Agreement") made as of the_ day of , 20_ (the "Effective Date") by and between TBR AQUATIC OWNER, LLC, a Delaware limited liability company ("Apartment Owner"), and CITY OF ATLANTIC BEACH, a corporate body politic ("COAB"). WIT N E S SETH: WHEREAS, COAB owns certain real property located in the City of Atlantic Beach, Duval County, Florida as more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "COAB Property"); WHEREAS, Apartment Owner owns certain real property located in the City of Atlantic Beach, Duval County, Florida and more particularly described on Exhibit B attached hereto and incorporated herein by reference (the "Apartment Property"); and WHEREAS, COAB desires to grant to Apartment Owner certain easement rights with respect to the COAB Property, and to allocate certain installation and maintenance responsibilities in connection with those rights, on the terms and conditions herein. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereby covenant and agree to and with each other as follows: AMENDED AGENDA ITEM #3B March 14,2016 1. Permanent Easements to Apartment Owner. Subject to the terms hereof, COAB hereby grants and conveys to Apartment Owner a perpetual, non-exclusive right and easement for Apartment Owner to drain into and retain any and all surface water and storm water flowing from the Apartment Property, as the Apartment Property may be improved from time to time, over, under or across the COAB Property and into that certain stormwater detention pond which is more particularly described on the plans and specifications attached hereto as Exhibit C and made a part hereof (the "Stormwater Detention Pond"), as well as the right to enter onto the COAB Property in order to perform any and all maintenance actions as it shall be permitted to perform as set forth in this Agreement. 2. Maintenance, Repair and Operation. COAB shall be solely responsible for the maintenance, repair and operation of the Stormwater Detention Pond and any associated facilities located on the COAB Property. Notwithstanding the above, Apartment Owner may from time to time, at its sole cost and expense, perform such landscaping, maintenance or repair activities to the Stormwater Detention Pond, or other associated facilities located on the COAB Property, as it shall deem advisable or desirable (which may include landscaping, maintenance or repair activities which are exclusively aesthetic in nature). 3. Duration; Running with the Land. Except as otherwise set forth herein, the provisions of this Agreement shall run with the land and shall run with and bind title to the COAB Property and the Apartment Property, bind upon and inure to the benefit of all parties hereto, and their respective heirs, executors, legal representatives, successors, assigns and successors-in-title, and remain in effect perpetually to the extent permitted by applicable law. 4. Rights in the Event of a Default. In the event that either party fails to perform any obligation it is required to perform under this Agreement, the non-defaulting party shall deliver notice of such failure to the defaulting party. Upon the receipt of such notice, the defaulting party shall have fifteen (15) days to perform the relevant obligation, or to take substantial steps toward completion of such obligation and thereafter to diligently complete such obligation. If the default is performance related, the remaining provisions of this Section 4 shall govern such default. If the defaulting party fails to complete the obligation, or to take substantial steps toward completion of the obligation, within such fifteen (15) day period, and thereafter to diligently complete such obligation, the non-defaulting party shall have the right to complete the required obligation at the expense of the defaulting party. If either party exercises its rights to go upon the other's property pursuant to this Section 4, such non-defaulting party shall use good faith, commercially reasonable efforts to avoid causing any material adverse effect on the defaulting party's property or any material interference with the operations thereon. Any non- defaulting party that performs a defaulting party's obligation pursuant to this Section 4 shall provide to the defaulting party invoices or other reasonable evidence of expenditures for the costs incurred therewith. On or before the date that is twenty (20) days following its receipt of same, the defaulting party shall deliver payment of such amounts to the non-defaulting party. If the non-defaulting party does not receive such reimbursement within such twenty (20) day period, then the non-defaulting party shall have lien rights against the property of the defaulting party in accordance with the applicable mechanics' and materialman's lien statutes of the State of Florida. In no event shall either party have the right to terminate the easements created herein as a result of a default by the other hereunder. 2 AMENDED AGENDA ITEM #3B March 14, 2016 5. Indemnity. Each party shall indemnify, defend, and save harmless the other from and against any and all third party claims, suits, demands, actions, fines, damages, liabilities, costs and expenses suffered or incurred by the indemnified party which result directly from any of the indemnifying party's activities on the property of the indemnified party, except to the extent that such claims arise from the gross negligence or willful misconduct of the indemnified party. 6. Miscellaneous. (a) Governing Law. This Agreement shall be construed and interpreted under the laws of the State of Florida. (b) No Partnership or Joint Venture. This Agreement does not create an association, partnership, joint venture or a principal and agency relationship between the parties hereto. (c) Cumulative Rights; No Waiver. Except as otherwise expressly set forth in this Agreement, all rights, powers and privileges conferred hereunder upon the parties are cumulative but not restlicted to those given by law. No failure of any party to exercise any power given such party hereunder or to insist upon strict compliance by any other party to its obligations hereunder, and no custom or practice of the parties in variance with the terms hereof, constitutes a waiver of any party's right to demand exact compliance with the terms hereof. (d) Severability. Wherever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under such law, such provision is ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. (e) Amendments. Neither this Agreement nor any provision hereof may be changed, waived, discharged, modified, or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge, modification, or termination is sought. (f) Notices. Any written notices required to be provided hereunder shall be deemed delivered and received (a) as of the date of hand delivery; (b) as of the date that is one (1) day following the deposit of such notice with a reputable national courier service for overnight delivery; or (c) as of the date of such notice's transmission via electronic mail or facsimile (with a hard copy of such notice to be sent by one of the other methods set forth in (a) or (b) above): COAB: Attention: ------ Email: 3 With a copy to: Apartment Owner: With a copy to: Attention: ------ Email: ------ c/o TriBridge Residential, LLC 1575 Northside Drive NW Suite 200, Building 100 Atlanta, Georgia 30318 Attention: Steven Broome Email: steveb@tribridgeres.com TBR Aquatic Owner, LLC c/o TriBridge Residential, LLC 1575 Northside Drive NW Suite 200, Building 100 Atlanta, Georgia 3 0318 Attention: Katherine Mosley Email: katherinem@tribridgeres. com Nelson Mullins Riley & Scarborough LLP 201 17th Street NW, Suite 1700 Atlanta, Georgia 30363 Attn: Eric Wilensky Email: eric.wilensky@nelsonmullins.com Or such other address as may be provided to the other party in writing. AMENDED AGENDA ITEM #3B March 14, 2016 (g) Further Assurances. The parties to this Agreement agree to cooperate with one another in executing any additional documents or agreements necessary to carry out the covenants contained in this Agreement. (h) Counterparts. This Agreement may be signed in counterparts which, when assembled, constitute one agreement. (i) Apartment Property is Legal Conforming. Despite the conveyance of that certain real property by the Apartment Owner to COAB by that certain Special Warranty Deed recorded in the real property records of Duval County, Florida and being of even date herewith (which such real property is now part of the COAB Property), COAB agrees and acknowledges that so long as no more than twenty-three (23) townhomes are constructed on the Apartment 4 AMENDED AGENDA ITEM #3B March 14,2016 Property, the Apartment Property shall be deemed and treated as a legal conforming parcel for all purposes under COAB's land development regulations, as amended. [EXECUTIONS ON THE FOLLOWING PAGES] 5 AMENDED AGENDA ITEM #38 March 14, 2016 IN WITNESS WHEREOF, each of the parties hereto has caused these presents to be signed by its respective duly authorized officer or representative, and its seal to be affixed hereto, as of the day, month and year first above stated. WITNESSES: APARTMENT OWNER: TBR AQUATIC OWNER, LLC a Delaware limited liability company Print Name: ----------------- By: _________________ __ Print Name: -----------------Name: --------------------------------Title: --------------------------------- STATE OF _______ ). ) SS: COUNTY OF ______ ) I HEREBY CERTIFY that the foregoing instrument was acknowledged and executed before this day of , 20_ by , as of ____________ , LLC, a Delaware limited liability company, on behalf of said limited liability company. He is personally known to me or has produced as identification. --------------------~- Notary Public, State of ____________ _ Printed N arne: ------------~------------My commission expires: [Notary Seal] (EXECUTION CONTINUES ON THE FOLLOWING PAGE] WITNESSES: PrintName: ________________ _ Print Name: _______________ _ STATE OF _______ ) ) SS: COUNTY OF ______ ) COAB: CITY OF ATLANTIC BEACH a corporate body politic AMENDED AGENDA ITEM #3B March 14, 2016 By: ____________________________ _ Name: --------------------------------Title: ___________________ _ I HEREBY CERTIFY that the foregoing instrument was acknowledged and executed before this day of , 20_ by , as of City of Atlantic Beach, a , on behalf of said . He is personally known to me or has produced as identification. Notary Public, State of ____________ _ Printed Name: ------------------My commission expires: [Notary Seal] 7 Exhibit A COAB Property AMENDED AGENDA ITEM #38 March 14, 2016 A PART OF THE CASTRO Y. FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER OF ATLANTIC BEACH VILLA UNIT NO.2 AS RECORDED IN PLAT BOOK 31 PAGE 13 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA: THENCE RUN SOUTH 07°16'02" EAST ALONG A SOUTHERLY PROJECTION OF THE EAST LINE OF SAID SUBDIVISION, . AND ALONG THE WESTERLY LINE OF AQUATIC GARDENS AS RECORDED IN PLAT BOOK 38 PAGES 71 AND 71A OF THE PUBLIC RECORDS OF SAID COUNTY, A DISTANCE OF 400.62 FEET TO THE POINT OF BEGINNING BEING A POINT ON THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073 OF SAID PUBLIC RECORDS; THENCE CONTINUE SOUTH 07°16'02" EAST, A DISTANCE OF 175.32 FEET TO THE NORTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 9574 PAGE 1103 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 89°19'14» WEST ALONG THE NORTHERLY LINE OF SAID LANDS AND ALONG THE SOUTHERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073, AFORESAID, A DISTANCE OF 500.30 TO THE EASTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 4817 PAGE 722 OF SAID PUBLIC RECORDS, BEING ALSO THE SOUTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073 AFORESAID; THENCE NORm 07°30'25" WEST ALONG SAID EASTERLY LINE, BEING ALSO THE WESTERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073 AFORESAID, A DISTANCE OF 175.37 FEET; THENCE DEPARTING SAID LINE RUN NORTH 89°19'14" EAST A DISTANCE OF 500.76 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: [INSERT LEGAL DESCRIPTION OF TRANFERRED PROPERTY] 8 Exhibit B Apartment Property AMENDED AGENDA ITEM #3B March 14, 2016 THAT CERTAIN PIECE, PARCEL OR TRACf OF LAND, SITUATE, LYING AND BEING A PART OF THE CASTRO Y. FERRER GRANT, SECfiON 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRiBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THOSE CERTAIN LANDS SHOWN ON PLAT OF ROYAL PALMS ACRES, AS RECORDED IN PLAT BOOK 34, PAGE 92 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE SOUTH 7° 16' 02" EAST ALONG THE WESTERLY LINE OF THOSE CERTAIN LANDS DESCRIBED IN DEED, RECORDED IN OFFICIAL RECORD VOLUME 3248, PAGE 509 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY, 285.23 FEET TO THE SOUTHWEST CORNER THEREOF FOR A POINT OF BEGINNING; THENCE CONTINUING SOUTH 7° 16' 02" EAST AND ALONG THE WEST LINE OF THOSE CERTAIN LANDS DESCRIBED IN OFFICIAL RECORD VOLUME 2479, PAGE 717 OF SAID PUBLIC RECORDS, 525.88 FEET TO A POINt SITUATE IN THE NORTHERLY RIGHT OF WAY LINE OF ATLANTIC BOULEVARD (100-FOOT RIGHT OF WAY AS NOW ESTABLISHED); THENCE NORTH 89° 18' 38" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE OF ATLANTIC BOULEVARD, 152.25 FEET TO ITS INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF AQUATIC DRIVE (A 60-FOOT RIGHT OF WAY AS NOW ESTABLISHED); THENCE NORTH 7° 16' 02" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE OF AQUATIC DRIVE, 133.38 FEET TO AN ANGLE POINT IN SAID WESTERLY RIGHT OF WAY LINE; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE OF AQUATIC DRIVE NORTH 11° 42.' 30" WEST, 411.18 FEET TO A POINT SITUATE IN THE SOUTH LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 3248, PAGE 509, THENCE SOUTH 82° 43' 58" WEST ALONG SAID LAST MENTIONED SOUTH LINE, 119.41 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT: [INSERT LEGAL DESCRIPTION OF TRANFERRED PROPERTY] 9 Exhibit C Plans and Specifications for Stormwater Detention Pond [To Be Inserted] AMENDED AGENDA ITEM #3B March 14, 2016 Exhibit C Temporary Construction Easement Agreement [See Attached] AMENDED AGENDA ITEM #3B March 14, 2016 PREPARED BY AND AFTER RECORDING, RETURN TO: Eric R. Wilensky, Esq. Nelson Mullins Riley & Scarborough LLP 201 17th St, NW, Suite 1700 Atlanta, GA 30363 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT AMENDED AGENDA ITEM #38 March 14, 2016 THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this "Agreement") made as of the _ day of , 20_ (the "Effective Date") by and between TBR AQUATIC OWNER, LLC, a Delaware limited liability company ("Apartment Owner"), and CITY OF ATLANTIC BEACH, a corporate body politic ("COAB"). WIT N E S SETH: WHEREAS, COAB owns certain real property located in the City of Atlantic Beach, Duval County, Florida as more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "COAB Property"); WHEREAS, Apartment Owner owns certain real property property located in the City of Atlantic Beach, Duval County, Florida and more particularly described on Exhibit B attached hereto and incorporated herein by reference (the "Apartment Property"); and WHEREAS, COAB desires to grant to Apartment Owner a temporary construction easement over the COAB Property in order to expand an existing stormwater detention pond, on the terms and conditions herein. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereby covenant and agree to and with each other as follows: Al\1ENDED AGENDA ITEM #3B March 14, 2016 1. Temporary Construction Easement. COAB hereby grants and conveys to Apartment Owner, its employees, agents, licensees, guests, and contractors, a temporary, non- exclusive easement (the "Temporary Construction Easement") on, over, across, in and through such portions of the COAB Property as may be reasonably required for purposes of accessing, staging and constructing an expansion of the existing stormwater detention pond thereon (the "Stormwater Detention Pond") and associated facilities which include, but are not limited to, a pavilion, a fence and a retaining wall (such associated facilities together with the Stormwater Detention Pond to be hereinafter referred to as the "Storm Water Detention Facilities"). The Temporary Construction Easement shall include, without limitation, the right of vehicular and pedestrian ingress, egress and regress for the movement of building materials and equipment needed for such construction activities. Apartment Owner also agrees that it shall indemnify and hold COAB harmless against all claims of liens on the COAB Property which arise from Apartment Owner's, its agents, contractors or employees, use of the Temporary Construction Easement, or any damage or destruction to the COAB Property caused by Apartment Owner, its agents, contractors or employees, as a result of its use of the Temporary Construction Easement. The Temporary Construction Easement shall automatically terminate upon the earlier of: (a) completion of construction of the Storm Water Detention Facilities, or (b) the date which is twenty-four (24) months from the date hereof 2. Dog Park Closure. In connection with the construction activities of Apartment Owner on the COAB Property, Apartment Owner shall have the right to close to the public the dog park and any other publicly accessible areas of the COAB Property for such periods of time as Apartment Owner shall deem necessary to perform the construction and expansion activities authorized under Section 1; provided, however, that in no event shall Apartment Owner close the dog park or other publicly accessible areas of the COAB Property for more than sixty (60) days in the aggregate (the "Closure Period"). Notwithstanding the above sentence, Apartment Owner (with the consent of COAB) shall have two (2) options to extend the Closure Period by fifteen (15) days each by providing written notice to COAB not less than five (5) days prior to such extension. To close the dog park or any other publicly accessible areas of the COAB Property as set forth in this Section 2, Apartment Owner shall give five (5) days written notice to COAB and shall place a sign on the COAB Property not less than five (5) days in advance of such closure advising the public of the length of the closure. Apartment Owner agrees that, to the extent it closes the dog park to public access, it shall pay to COAB the sum of One Thousand Five Hundred and No/100 Dollars ($1,500.00) for each calendar month the dog park is closed. To the extent the dog park is closed for less than a full calendar month (i.e. the dog park is closes after the first day of the calendar month or opens before the last day of the calendar month), then Apartment Owner shall pay to COAB a prorated amount for said calendar month. 3. No Sunday Work. Apartment Owner agrees that, during the term of this Agreement, it shall not perform, nor permit any of its agents, contractors or employees to perform, any construction work on the COAB Property which has otherwise been authorized under this Agreement. 4. Construction. Apartment Owner shall, at its sole cost and expense, construct and complete the Stormwater Detention Facilities. Such construction shall be performed and completed in a good and workmanlike manner, and pursuant to all permits, authorizations and approvals as may be required by the applicable governmental authorities. 2 AMENDED AGENDA ITEM #3B March 14, 2016 5. Post-Construction Maintenance, Repair and Operation. COAB shall be solely responsible for the maintenance, repair and operation of the Stormwater Detention Facilities after completion of the construction referenced herein. 6. Duration; Running with the Land. Except as otherwise set forth herein, the provisions of this Agreement shall run with and bind title to the COAB Property and shall remain in effect perpetually to the extent permitted by applicable law. 7. Rights in the Event of a Default. In the event that either party fails to perform any obligation it is required to perform under this Agreement, the non-defaulting party shall deliver notice of such failure to the defaulting party. Upon the receipt of such notice, the defaulting party shall have fifteen (15) days to perform the relevant obligation, or to take substantial steps toward completion of such obligation and thereafter to diligently complete such obligation. If the default is performance related, the remaining provisions of this Section 7 shall govern such default. If the defaulting party fails to complete the obligation, or to take substantial steps toward completion of the obligation, within such fifteen (15) day period, and thereafter to diligently complete such obligation, the non-defaulting party shall have the right to complete the required obligation at the expense of the defaulting party. If either party exercises its rights to go upon the other's property pursuant to this Section 7, such non-defaulting party shall use good faith, commercially reasonable efforts to avoid causing any material adverse effect on the defaulting party's property or any material interference with the operations thereon. Any non- defaulting party that performs a defaulting party's obligation pursuant to this Section 7 shall provide to the defaulting party invoices or other reasonable evidence of expenditures for the costs incurred therewith. On or before the date that is twenty (20) days following its receipt of same, the defaulting party shall deliver payment of such amounts to the non-defaulting party. If the non-defaulting party does not receive such reimbursement within such twenty (20) day period, then the non-defaulting party shall have lien rights against the property of the defaulting party in accordance with the applicable mechanics' and materialman's lien statutes of the State of Florida. In no event shall either party have the right to terminate the easements created herein as a result of a default by the other hereunder. 8. Indemnity. Each party shall indemnify, defend, and save harmless the other from and against any and all third party claims, suits, demands, actions, fines, damages, liabilities, costs and expenses suffered or incurred by the indemnified party which result directly from any of the indemnifying party's activities on the property of the indemnified party, except to the extent that such claims arise from the gross negligence or willful misconduct of the indemnified party. 9. Miscellaneous. (a) Governing Law. This Agreement shall be construed and interpreted under the laws ofthe State of Florida. (b) No Partnership or Joint Venture. This Agreement does not create an association, partnership, joint venture or a principal and agency relationship between the parties hereto. 3 AMENDED AGENDA ITEM #38 March 14, 2016 (c) Cumulative Rights; No Waiver. Except as otherwise expressly set forth in this Agreement, all rights, powers and privileges conferred hereunder upon the parties are cumulative but not restricted to those given by law. No failure of any party to exercise any power given such party hereunder or to insist upon strict compliance by any other party to its obligations hereunder, and no custom or practice of the parties in variance with the terms hereof, constitutes a waiver of any party's right to demand exact compliance with the terms hereof. (d) Severability. Wherever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under such law, such provision is ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. (e) Amendments. Neither this Agreement nor any provision hereof may be changed, waived, discharged, modified, or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge, modification, or termination is sought. (f) Notices. Any written notices required to be provided hereunder shall be deemed delivered and received (a) as of the date of hand delivery; (b) as of the date that is one (1) day following the deposit of such notice with a reputable national courier service for overnight delivery; or (c) as of the date of such notice's transmission via electronic mail or facsimile (with a hard copy of such notice to be sent by one of the other methods set forth in (a) or (b) above): COAB: With a copy to: Apartment Owner: Attention: ------ Email: ------ Attention: ------ Email: ------ c/o TriBridge Residential, LLC 1575 Northside Drive NW Suite 200, Building 100 Atlanta, Georgia 30318 Attention: Steven Broome 4 With a copy to: Email: steveb@tribridgeres.com TBR Aquatic Owner, LLC c/o TriBridge Residential, LLC 1575 Northside Drive NW Suite 200, Building 100 Atlanta, Georgia 30318 Attention: Katherine Mosley Email: katherinem@tribridgeres. com Nelson Mullins Riley & Scarborough LLP 201 17th Street NW, Suite 1700 Atlanta, Georgia 30363 Attn: Eric Wilensky Email: eric. wilensky@nelsonmullins.com Or such other address as may be provided to the other party in writing. AMENDED AGENDA ITEM lt3B March 14, 2016 (g) Further Assurances. The pmiies to this Agreement agree to cooperate with one another in executing any additional documents or agreements necessary to carry out the covenants contained in this Agreement. (h) Counterparts. This Agreement may be signed in counterparts which, when assembled, constitute one agreement. 5 AMENDED AGENDA ITEM #3B March 14, 2016 IN WITNESS WHEREOF, each of the parties hereto has caused these presents to be signed by its respective duly authorized officer or representative, and its seal to be affixed hereto, as of the day, month and year first above stated. WITNESSES: APARTMENT OWNER: TBR AQUATIC OWNER, LLC a Delaware limited liability company Print Name: ----------------- By: ______________________________ ___ Name: --------------------------------Title: __________________________ _ Print Name: --------------- STATE OF ______ ) ) SS: COUNTY OF ______ ) I HEREBY CERTIFY that the foregoing instrument was acknowledged and executed before this day of , 20_ by , as of ____________ , LLC, a Delaware limited liability company, on behalf of said limited liability company. He IS personally known to me or has produced as identification. ------------------------- Notary Public, State of ____________ _ Printed N arne: ----------------------My commission expires: [Notary Seal] [EXECUTION CONTINUES ON THE FOLLOWING PAGE] 6 WITNESSES: Print Name: ----------------- Print Name: ----------------- STATE OF _______ ) ) SS: COUNTY OF ______ ) COAB: CITY OF ATLANTIC BEACH a corporate body politic AMENDED AGENDA ITEM #JB March 14, 2016 By: ______________________________ ___ Name: --------------------------------Title: ______________________________ _ I HEREBY CERTIFY that the foregoing instrument was acknowledged and executed before this day of , 20 __ by , as of City of Atlantic Beach, a , on behalf of said . He is personally known to me or has produced as identification. Notary Public, State of ______________ _ Printed Name: _______________________ __ My commission expires: [Notary Seal] 7 Exhibit A COAB Property i AMENDED AGENDA ITEM #JB i March 14,2016 j A PART OF THE CASTRO Y. FERRER GRANT, SECTION 38, TOWNSIDP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER OF ATLANTIC BEACH VILLA UNIT NO.2 AS RECORDED IN PLAT BOOK 31 PAGE 13 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA: THENCE RUN SOUTH 07°16'02" EAST ALONG A SOUTHERLY PROJECTION OF THE EAST LINE OF SAID SUBDIVISION, . AND ALONG THE WESTERLY LINE OF AQUATIC GARDENS AS RECORDED IN PLAT BOOK 38 PAGES 71 AND 71A OF THE PUBLIC RECORDS OF SAID COUNTY, A DISTANCE OF 400.62 FEET TO THE POINT OF BEGINNING BEING A POINT ON THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073 OF SAID PUBLIC RECORDS; THENCE CONTINUE SOUTH 07°16'02" EAST, A DISTANCE OF 175.32 FEET TO THE NORTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 9574 PAGE 1103 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 89°19'14" WEST ALONG THE NORTHERLY LINE OF SAID LANDS AND ALONG THE SOUTHERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073, AFORESAID, A DISTANCE OF 500.30 TO THE EASTERLY LINE OF TIIOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 4817 PAGE 722 OF SAID PUBLIC RECORDS, BEING ALSO THE SOUTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073 AFORESAID; THENCE NORTH 07°30'25" WEST ALONG SAID EASTERLY LINE, BEING ALSO THE WESTERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073 AFORESAID, A DISTANCE OF 175.37 FEET; THENCE DEPARTING SAID LINE RUN NORTH 89°19'14" EAST A DISTANCE OF 500.76 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: [INSERT LEGAL DESCRIPTION OF TRANFERRED PROPERTY] 8 AMENDE}} AGENDA ITEM#3B I March 14, 2016 I ExhibitB Apartment Property THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND, SITUATE, LYING AND BEING A PART OF THE CASTRO Y. FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRiBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THOSE CERTAIN LANDS SHOWN ON PLAT OF ROYAL PALMS ACRES, AS RECORDED IN PLAT BOOK 34, PAGE 92 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE SOUTH 7° 16' 02" EAST ALONG THE WESTERLY LINE OF THOSE CERTAIN LANDS DESCRIBED IN DEED, RECORDED IN OFFIOAL RECORD VOLUME 3248, PAGE 509 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY, 285.23 FEET TO THE SOUTHWEST CORNER THEREOF FOR A POINT OF BEGINNING; THENCE CONTINUING SOUTH 7° 16' 02" EAST AND ALONG THE WEST LINE OF THOSE CERTAIN LANDS DESCRIBED IN OFFIOAL RECORD VOLUME 2479, PAGE 717 OF SAID PUBLIC RECORDS, 525.88 FEET TO A POINT SITUATE IN THE NORTHERLY RIGHT OF WAY LINE OF ATLANTIC BOULEVARD (100-FOOT RIGHT OF WAY AS NOW ESTABLISHED); THENCE NORTH 89° 18' 38" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE OF ATLANTIC BOULEVARD, 152.25 FEET TO ITS INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF AQUATIC DRIVE (A 60-FOOT RIGHT OF WAY AS NOW ESTABLISHED); THENCE NORTH 7° 16' 02" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE OF AQUATIC DRIVE, 13:3.38 FEET TO AN ANGLE POINT IN SAID WESTERLY RIGHT OF WAY LINE; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE OF AQUATIC DRIVE NORTH 11° 42.T 30" WEST, 411.18 FEET TO A POINT SITUATE IN THE SOUTH LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 3248, PAGE 509, THENCE SOUTH 82° 43' 58" WEST ALONG SAID lAST MENTIONED SOUTH LINE, 119.41 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT: [INSERT LEGAL DESCRIPTION OF TRANFERRED PROPERTY] 9 ExhibitD Escrow Instruction Letter [See Attached] AMENDED AGENDA ITEM #38 March 14, 2016 Nelson Mullins Nelson Mullins Riley & Scarborough LLP Attorneys and Counselors at Law Atlantic Station I 201 17th Street, NW I Suite 1700 I Atlanta, GA 30363 Tel: 404.322.6000 Fax: 404.322.6050 www.nelsonmullins.corn March_, 2016 VIA OVERNIGHT DELIVERY AND EMAIL S. Marcus Calloway Calloway Title & Escrow, LLC 4170 Ashford Dunwoody Road Suite 285 Atlanta, GA 30319 AMENDED AGENDA ITEM #3B March 14,2016 Andrew Mullen Tel: 404.322.617 4 andrew .mullen@nelsonmullins.com Re: Duval County, Florida -Stormwater Detention Pond Easement and Property Conveyance Closing Document Escrow Instructions Dear Mr. Calloway: Delivered into escrow to be held in trust by you please find enclosed executed copies of that certain Special Warranty Deed (the "Special Warranty Deed") from TBR Aquatic Owner, LLC ("TBR") to the City of Atlantic Beach ("COAB"), that certain Stormwater Detention Pond Easement Agreement (the "Easement Agreement") executed by COAB in favor of TBR, as well as that certain Temporary Construction Easement Agreement (the "Temporary Construction Easement Agreement") executed by COAB in favor ofTBR. You are authorized to assemble into counterparts, as necessary, date as of the Closing Date (hereinafter defined), retain, record, and/or deliver, as the case may be, the Special Warranty Deed and the Easement Agreement, upon, and only upon, the satisfaction of the following conditions (collectively, the "Closing Conditions"): a) TBR and COAB have each approved, or been deemed to have approved pursuant to that certain Letter Agreement dated March _, 2016 (the "Letter Agreement"), the legal description which is to be attached to the Special Warranty Deed as Exhibit A thereto; b) TBR and COAB have each approved, or been deemed to have approved pursuant to the Letter Agreement, the Plans and Specifications which are to be attached to the Easement Agreement as Exhibit C thereto; c) TBR has acquired that certain real property which is more particularly described on Schedule 1 attached hereto and incorporated herein by reference (the "Adjoining Property"); Calloway Title & Escrow, LLC Escrow Instruction Letter March_, 2016 AMENDED AGENDA ITEM #3B March 14, 2016 d) TBR has been issued the first certificate of occupancy allowing residential use of a building which has been constructed by TBR, or has been constructed on TBR's behalf, on the Adjoining Property, or such similar documentation which evidences that a building is fit for residential occupancy and which is typically issued by COAB or such other governing authority as has jurisdiction over the same; and e) An authorized representative of Escrow Agent has executed one (1) original counterpart of this Escrow Letter and transmitted a copy of the original to the undersigned by email (with original to follow in the mail). Upon the satisfaction of the Closing Conditions, please undertake and complete the following: 1. Unless instructed otherwise by mutual agreement of both TBR and COAB, date the Special Warranty Deed and the Easement Agreement as of the date all of the Closing Conditions were satisfied (the "Closing Date"); 2. Attach the metes and bounds legal description which has been approved by TBR and COAB, or which has been deemed to have been approved by TBR and COAB pursuant to the Letter Agreement, as Exhibit A to the Special Warranty Deed, as the Together With legal description in Exhibit A to the Easement Agreement, and as the Less and Except legal description in Exhibit B to the Easement Agreement. 3. List all of the permitted exceptions contained within the deed vesting title to the Adjoining Property into TBR as the permitted exceptions on Exhibit B to the Special Warranty Deed. 4. Insert the Plans and Specifications which have been approved by TBR and COAB, or which has been deemed to have been approved by TBR and COAB pursuant to the Letter Agreement, as Exhibit C to the Easement Agreement. 5. Record the Closing Documents in the real estate records of Duval County, Florida in the following order: a. Special Warranty Deed b. Easement Agreement 6. Deliver to the undersigned, as counsel to TBR ("TBR's Counsel"), the original recorded Easement Agreement and a copy of the Special Warranty Deed; 7. Deliver to COAB, as the address set forth in its signature block below, the original recorded Special Warranty Deed and a copy of the Easement Agreement; and 8. Retain for your flles originals or copies, as the case may be, of the Special Warranty Deed and the Easement Agreement. Page 2 of5 Calloway Title & Escrow, LLC Escrow fustruction Letter March_, 2016 AMENDED AGENDA ITEM #3B March 14,2016 If the Closing Conditions are not fully and completely satisfied by 7:00 p.m. Duval County, Florida local time, on the Final Conveyance Date (as defined in the Letter Agreement), Escrow Agent shall: i. return TBR's signature pages to the Special Warranty Deed, the Easement Agreement, and, to the extent the same has not already been recorded per the paragraph immediately below, the Temporary Construction Easement Agreement, to my attention at the address set forth in the letterhead above; and 11. return COAB's signature pages to the Special Warranty Deed, the Easement Agreement, and, to the extent the same has not already been recorded per the paragraph immediately below, the Temporary Construction Easement Agreement, to the address set forth in COAB's signature block below. Notwithstanding the Closing Conditions or anything else in this Escrow Letter to the contrary, Escrow Agent shall record the Temporary Construction Easement Agreement in the real estate records of Duval County, Florida on the date TBR acquires the Adjoining Property. At any time, TBR and COAB may, by mutual written instruction to Escrow Agent, recall the documents being held under cover of this Escrow Letter. Neither TBR nor COAB, without the consent of the other party, shall have the right to recall the documents being held under cover of this Escrow Letter. Please acknowledge your agreement to abide by the terms of this Escrow Letter by signing below and emailing a copy thereof (with executed original to follow via mail) to the undersigned at andrew.mullen@nelsonmullins.com. Enclosures Very truly yours, Andrew Mullen, Esq. [EXECUTION AND ACKNOWELDGEMENT OF ESCROW AGENT AND CITY OF ATLANTIC BEACH ON FOLLOWING PAGES] Page 3 of5 Agreed to and acknowledged this __ day ofMarch, 2016. ESCROW AGENT: CALLOWAY TITLE & ESCROW, LLC By: ____________________ __ Name: ------------------- Title: ------------ [EXECUTION AND ACKNOWLEGMENT OF TBR AND COAB ON FOLLOWING PAGE] AMENDED AGENDA ITEM #3B March 14,2016 AMENDE]} AGENDA ITEM #JB March 14,2016 By execution of this Escrow Letter, COAB and TBR each hereby acknowledge, agree and consent to the escrow instructions contained herein and further acknowledge that such consent is irrevocable so that Escrow Agent shall be permitted to carry out the transaction contemplated in this Escrow Letter without any further instruction or consent from either COAB or TBR, or in lieu of any instructions contrary to those contained in this Escrow Instruction Letter (unless such instructions are by mutual written consent of both TBR and COAB). TBR: COAB: CITY OF ATLANTIC BEACH, a corporate body politic By: ______________ __ Name: ------------------ Title: ------------------ Address: TBR AQUATIC OWNER, LLC, a Delaware limited liability company By: ________________ __ Name: ------------------ Title: ------------------ Address: Page 5 of5 Exhibit E Site Plan [See Attached] AMENDED AGENDA ITEM #3B March 14, 2016 CHECKED BY: __ ALE:~ ORA'nN BY:____f2E_ ' '' '' '' '' '' '' '' '' '' '' '' '' '' ,, ,, ,, ,, ,, ,, ,, ,, v .~ .. • ·"' TLANTIC BOULEVARD STAlE ROAD No. A-1-A ird~r;,._.y PA'>rnA.!lil.CRO,I,I;I BOATWRIGHT LAND 1500 ROBERTS DRIVE JACKSONV1LLE MAP SHOWING SURVEY OF THAT CERTAJN PI£C£. PARCEL OR lRACT OF LAIIfl, S:lllJATE, LYING AND BEmC A PART OF lll( CASTRO Y. FERRER GRANT, SECTlOtl Ja, ro·,m9fP 2 SOUlH. RAt~ 29 £AST, DUVAl.. COUNTY, FLORrOA. AHO BEII/G LIORE PARllcu.ARl.. Y otSOl!Bm AS fCl.LO"IIS: C0UU£UONG AT TH£ S\X.IrnwEST a:ru;ER Of' THOSE CERTNil WIDS ~O'MI OU PLAT OF ROYAL PAl.J,I.S Aat£5, AS RECORDED Ui PLAT BOOK 34-, PAct 92 OF THE CUMEJIT PVBUC RECORDS Of SM) COUNTY; TIIDICE SOUlli n&'OZ" EAST Al!»IG tHE l<£STUILY Lr:t: Of THOSE C£RTA.IN lANDS OESCRLB£0 IN DEED, RECOOOED IU OfflOAl R£CORO VOLUUE J248, PAGE 509 Of' lHE CUAAEPIT Pt.ISUC RECORDS OF SNO coalTY, 285.23 FEET TO lHE S001H'II£ST CORliER rnEREOf FOR A POiNT Of BEWMJIO; THENC€. CO:tnl/Uaro SOIJTif 716'02" EAST ANO AlOUG lHE "'EST UNE OF TI!OSE crRTA!tl lANDS OESCRlBEO IN OfflOAl.. RECORD VOLU!J£ 2-4-79, PAG(: 717 Of SAJO PUSUC RECOROS. 525..88 fEU TO A P<»>T SITUATE 1H TH€ tl'ORlHERLY RIGHT Of WAY USE Of AlVJITIC BOUlEVARD (tDO-FOOT RlGfT OF WAY AS 110'111 ESTABU~ED): lliENC£ 1/0Rnl 6918'38" EAST AlONG SAJO NOR.lHERLY Rlr1H OF WAY L.D.'E Of A'll.AHTIC eotJlEVARO, 15225 FEET TO ITS IH1t:RS£CTIOU 'Mnl. TilE 'M':STUILY R/GiT OF WAY LNE OF AQUAliC DRIVE (A So-FOOT RlGiT OF WAY AS lio-N ESTA9U9iED): THENO:: NORTH 716'02" YI£ST AlONG SAD Y>'£Sl'I:RlY RiGHT OF W"Y UN'E OF AOUATIC DRIVE, 1UJ8 FEET TO An AN«£ PONT !U s.aJO Yo£STERLY RJQ-IT Of W"Y IJHE; TifENC£ CONTllMNC Altli'~G SAID VI£STERlY R!GfT OF W"Y Ull£ OF A.QlMTlC OfU\'E t.'ORTli 11'4:t'.JO" WEST, 411.113 fEET TO A POOiT SllUA.TE IN TH£ SOlfll-l llliE Of 5.IJD LM11S DEsmafD 1!1 OFf!O'AL RF.:COR!lS \'ollJ\l£ 32i-8. PAG£ 509; niOIC£ SOUnl. 82.'4J'se• Vo£:ST Al..O';C SAD LAST AIEHT!ONED SOUnl. Ull£. 119.41 rEET TO nl.E Po:NT Qf"li£QilfU:G. .. • $ \ .. • ~ I . ... ~'O"A'~-J.$&1oq.rt.-o...D!Icznoo ~"B"AALo. .. .2.:n2oq-II..•O..~= tiOI..A.'<:I'C'AALo.• 173-.n. 5!'1!1612 2QlZ 3409002 SQifp!U R!l f}(qpi!OfG- NO SCHEDI.II£ Bf .ILATTEJlS TO PLOT. ~~ l.~DlHJTESCO'.U<t'll:PClLioJ>IO lHDI CROON) c.rcmc. 2..'""' D!NiJTPi03t.ERI.5Dl. 3."t'f OCNOTPiCAS'lAl'ol:. lli£ PROPERTY SHO?o"' HEREQ'I APPEARS TO UE rl FLO!D ZOI':E 'X" (AREA OUTS:OE lli£ 0.2% ANNUAl.. CHANCE fl.OCIOPL,\/.I/) AtiD FlDOO Za.IE 'A£" (El. 6) AS 1>D.L AS CA11 BE DETER!JDIID fRQI.I THE FlDOO l'ISURANC£ RATE UA? NUIJBE:R 120JIC04G6H. RE\,SfD .VUE 3, 2013 FOR DUVAl.. COUNTY, fltRlOA. 1liiS SUR'o'EY WAS UAO£ FOR THE BOlU'IT Cf' TliiE!ruOGE RESOOillAL. W:, A GEORGIA UUITEO U,O.S!I..JTY C:<WPANY Rro FIRST AIJERICAH llTl.E 1!/SOfiA.NC£ COI-l!WlY. DONN W. BOATWRIGHT. P.S.M. FlA. UC. SURVEYOR AND MAPPER No. LS 3295 fl.C»>OA. I..ICrnSED SUR\'E'I'\h'G AND WJ'PiHC BUS!NESS "!<>. LB 3572 DATE: OCTOBER m 2015 SHEET _J__()f .....!__ (90-4}Z41-S550 Exhibit F Preliminary Plans [See Attached] AMENDED AGENDA ITEM #3B March 14, 2016 AMENDED AGENDA ITEM ff31l March 14,2016 AGENDA ITEM #4A City of Atlantic Beach MARCH 14, 2016 FINANCIAL REPORT January 2016 Cash Balances Prior Current Dollar Percent Fund(s) 12/31/15 01/31/16 Change Change General $ 9,919,435 $ 9,650,052 $ (269,383} -2.72% Tree Replacement 18,955 18,955 0.00% Convention Development Tax 113,310 105,421 (7,889} -6.96% Local Option Gas Tax 241,830 264,304 22,474 9.29% Better Jax 1/2 Cent Sales Tax 464,661 479,140 14,480 3.12% Police Training, Forfeiture, Grants, etc. 75,881 58,283 (17,598) -23.19% Capital Projects 2,957,432 3,005,244 47,812 1.62% Utility 5,561 '108 5,797,502 236,394 4.25% Sanitation 421,674 434,231 12,557 2.98% Building Code Enforcement 428,991 442,125 13,134 3.06% Storm Water 1,633,866 1,665,224 31,358 1.92% Pension -Police 98,591 112,387 13,796 0.00% Pension -General 22,548 34,215 11,667 51.74% Total $ 21,958,283 $ 22,067,083 $ 108,800 0.50% Total Restricted Cash 7,132,571 Total Unrestricted Cash $14,934,512 Cash and Investments Prior Current Dollar Percent Account 12/31/15 01/31/16 Change Change Bank of America -Depository $ 6,188,986 $ 6,289,791 $ 100,805 1.63% Delaware Limited-Term Diversified Inc A 2,480,673 2,498,661 17,988 0.73% Global X Gold Explorers ETF 4,163,128 4,157,229 (5,900) -0.14% lnvesco Floating Rate A 710,205 700,465 (9,739) -1.37% Voya Short Term Bond Fund Class A 4,150,280 4,155,844 5,564 0.13% MSSB Money Market/Cash 4,239,035 4,239,106 72 0.00% SBA -Florida Prime 22,827 22,837 9 0.04% Cash on Hand 3,150 3,150 0.00% Subtotal $ 21,958,283 $ 22,067,083 $ 108,800 0.50% Police Pension Investments $ 8,829,177 $ 8,840,464 $ 11,286 0.13% General Pension Investments 15,622,938 15,622,344 (594} 0.00% Subtotal $ 24,452,115 $ 24,462,808 $ 10,692 0.04% Total $ 46,410,398 $ 46,529,891 $ 119,492 0.26% AGENDA ITEM #4A MARCH 14, 2016 City of Atlantic Beach FINANCIAL REPORT January 2016 Revenues Annual YTD YTD Dollar Fund I (Footnote) Estimate Estimate Actual Variance General $ 11,762,799 $ 3,920,792 $ 6,350,929 $ 2,430,137 Convention Development Tax 96,307 32,096 34,150 2,054 Local Option Gas Tax 461,611 153,868 157,841 3,973 Better Jax 1/2 Ct Sales Tax 790,128 263,372 246,931 (16,441) Police Training, Forfeiture & Grants 89,150 29,708 15,104 (14,604) Grants 650,000 216,664 (216,664) Capital Projects 855,000 284,992 339,282 54,290 Utility 8,335,711 2,778,516 2,901,622 123,106 Sanitation 1,840,330 613,436 684,489 71,053 Building Code Enforcement 439,134 146,364 155,637 9,273 Storm Water 875,708 291,900 319,512 27,612 Pension -Police 1,530,544 510,176 295,309 (214,867) Pension -General 2,336,217 778,736 431,893 (346,843) Total $ 30,062,639 $ 10,020,620 $ 11,932,699 $ 1,912,079 Analysis of Major Variances In general, the major variances are created when the actual funds received-to-date are different from the percentage of the budget elapsed-to-date. Highlighted variance explanations follow: General Fund revenues show a net positive variance of $2,430,137. Most of this variance is due to the timing of receipt of ad valorem taxes, the majority of which are received in December. Grant Funds reflected a negative variance of $216,664, Grant revenue is reimbursement based, revenue will begin being collected in February. Pension Funds reflected significant, negative variances this month, $214,867 and $346,843, respectively, from the decreased value of investments. Percent Variance 61.98% 6.40% 2.58% -6.24% -49.16% -100.00% 19.05% 4.43% 11.58% 6.34% 9.46% -42.12% -44.54% 19.08% AGENDA ITEM# 4A City of Atlantic Beach MARCH 14, 2016 FINANCIAL REPORT January 2016 Expenses Annual YTD YTD Dollar Department Estimate Estimate Actual Variance Governing Body $ 40,384 $ 13,448 $ 13,593 $ (145) City Administration 2,544,554 848,032 867,022 (18,990) General Government 587,118 195,636 132,864 62,772 Planning and Building 709,679 212,616 169,173 43,443 Public Safety 9,414,454 3,137,944 1,939,848 1,198,096 Recreation and Special Events 574,568 179,331 138,855 40,476 Public Works 8,491,734 2,830,324 1,677,815 1,152,509 Public Utilities 10,267,628 3,425,632 3,181,529 244,103 Pension -Police 621,607 207,180 203,386 3,794 Pension -General 986,941 328,968 580,784 {251,816} Total $ 34,238,667 11,379,111 8,904,869 $2,474,242 Annual YTD YTD Dollar Resource Allocation Estimate Estimate Actual Variance Personnel Services $ 10,167,342 $ 3,398,226 $ 3,297,195 $ 101,031 Operating Expenses 11,473,400 3,802,198 3,115,489 686,709 Capital Outlay 8,985,830 2,974,695 392,720 2,581,975 Debt Service 1,964,401 654,784 1,533,550 (878,766) Grants and Aids 36,820 12,268 28,955 (16,687) Transfers 1,610,874 536,940 536 960 (20} Total $ 34,238,667 $ 11,379,111 $ 8,904,869 $ 2,474,242 Analysis of Major Variances In general, the major variances are a result of timing differences created between the percentage of budget elapsed-to-date and actual expenditures. Highlighted variance explanations follow: Public Safety had a positive variance of $1,198,096. Most of the variance is the result of the Public Safety Building project-see Project Activity Schedule. Public Works had a positive variance of $1,152,509. Most of the variance is the result of project activity budgeted that has not been started/completed -see Project Activity Schedule. Public Utilities had a positive $244,103 variance for the period. Most of the variance is the result of project activity budgeted that has not been started/completed -see Project Activity Schedule Pension-General shows a negative $251,816 variance for the period. In October, a large payout of $207,381.11 was made to a former employee's beneficiary. Operating Expenses had a positive variance of $686,709. Various contractual services make up $649,128 of this balance. The largest contracts are the Fire Contract (COJ), Tipping Contract, and Road Paving. Capital Outlay had a positive variance of $2,581,975. Most of the capital and project expenditures occur in the middle to latter part of the fiscal year-see Project Activity Schedule. Debt Service reflects a negative variance of $878,766; this was the result of the largest Public Utility debt service payment being made in October. Percent Variance -1.08% -2.24% 32.09% 20.43% 38.18% 22.57% 40.72% 7.13% 1.83% -76.55% 21.74% Percent Variance 2.97% 18.06% 86.80% -134.21% -136.02% 0.00% 21.74% AGENDA ITEM #4A City of Atlantic Beach MARCH 14, 2016 FINANCIAL REPORT January 2016 Project Activity-Current Year Activity Only Project YTD YTD Project Name Number Budget Actual Encumbrances Balance Status Public Safety: NEW POLICE BLDG-DES/CONST PS1501 3,026,667 66,881 67,086 2,892,700 $ 3,026,667 $ 66,881 $ 67,086 $ 2,892,700 Public Utilities: INLINE VALVE INSTALLATION PU1404 16,355 16,253 102 D EFFLUENT OUTFALL REPLCMT PU1408 2,625 2,625 I WELL LOGGING-6 WELLS PU1501 130,000 130,000 s UPDATE MODELS PU1502 23,442 9,598 13,844 I EFF OUTFALL@ SHERMAN PT PU1504 320,000 320,000 I WETWLL LINE-MIM COVE LS PU1505 13,954 13,954 (0) I WETWELL LINE-FAIRWAYV LS PU1506 14,141 14,141 0 I NORTH FENCE REPLACE WTP2 PU1601 10,000 10,000 E SOFT STARTS -WTP1, 2 &3 PU1602 48,000 1,840 46,160 A CHLORINE AUTO CONTROL VAL PU1603 31,000 1,189 29,811 A CONTROL BUBBLER SYSTEM PU1604 15,000 574 14,426 A REPLACE SEASPRAY H20 SERV PU1605 100,000 100,000 A ATLANTIC WATER MAIN REPLA PU1606 100,000 100,000 E SEWER SYSTEM REHAB SEAOAT PU1607 200,000 200,000 E CONTROL PANEL LIFT STA WW PU1608 19,000 727 18,273 A SOFTSTARTS LIFT ST. ABC&D PU1609 55,000 2,109 52,891 A 2 POINT REP. EFF GRAV ICW PU1610 30,000 30,000 E PHORPHOROUS TREATMENT FAG PU1611 225,000 1,334 23,499 200,167 I REPLACE DISKS KRUGER DISF PU1612 6,000 6,000 A INFLUENT SCREENS (2) PU1613 20,000 768 19,232 A REPLACE EFF PUMP #2 PU1614 50,000 1,916 48,084 A REPLACE RAS PUMP & MOTOR PU1615 50,000 1,915 48,085 A REPLAC INFLUENT PUMP WWTP PU1616 22,000 842 21 '158 A Subtotal $ 1,501,517 $ 27,185 $ 179,944 $ 1,294,389 Parks Maintenance: RUSSELL PK RENOVATION PM1501 233,180 34,074 26,394 172,712 DONNER PK PLAYGRND LIGHTS PM1503 6,500 6,146 354 E BULL PK PLAYGRND EQUIPMT PM1504 35,000 5,300 29,700 I DUTTON ISLE RD IMPROVMENT PM1505 25,000 24,620 380 E Subtotal $ 299,680 $ 40,220 $ 56,314 $ 203,146 Public Works: SAL TAIR/STURDIVAN SIDEWLK PW1406 32,090 2,080 2 30,008 I SEMINOLE STREET SCAPE PW1407 976,974 25,614 1,359 950,001 D Marsh Project Ped Path PW1408 56,504 7,378 49,126 1 I SAL TAIR DRAINAGE UPGRADE PW1411 61,707 4,000 (2) 57,709 I SE SEMINOLE RD DRAIN IMPR PW1412 650,000 650,000 D BIKE RACKS & STREET LIGHT PW1501 6,789 6,789 I FRANCIS AVE DRAINAGE IMPR PW1502 650,000 650,000 I CH PARK LOT LIGHTS-LAST PW1504 9,554 9,554 (0) I TOWNCENTER IMPR DECK & BR PW1601 40,000 40,000 E VET PARK PLAYSET PW1602 40,000 40,000 E Subtotal $ 2,523,618 $ 55,415 $ 50,485 $ 2,417,718 Total $ 7,351,482 $ 189,701 $ 353,828 $ 6,807,953 Status Key A -Bid/RFP Advertised I -Project In-progress B -Bid Awarded N -Complete/Non-Capital C -Project Completed R -Re-budget Next Fiscal Year OR Re-Evaluated D -Design Completed S -Staff Researching DE -Deferred X-Project Cancelled E-Design Phase .. • -:~·_,.,...;Special Events City-· Report January 20l! Events, Rentals, & Facilities Featured Events in January Songwrite rs' Conce rt, Art Walk Rece ption One Time Facility Renta ls Ade le Grage Ba ke r Ce nter Jo rdan Spe cial Eve nts/Pe rmits ·~u u "·r.~ o n beach or parks .~ ~ oavlli o n:, & Parks Ca mping Dutto n Beach ~·· c hair ..• T! ~!I!~ Other ·Ve t Pa rk, Sk, Na ture d ay, e t c [-. ~ Party Block Pa rty, Pa rty In the pa rk Fi res on t he b each !Afte r School Progra m s Do n ner After Sc hooi Program [Jo rda n Aft e r Schoo l Program City Sponso red Events [Se n fo rs@ t h e Baker Cente r I Son g w o !Le o ~· Com:en: [Zu m ba @ Jorda n Park (4) [Art Sh o w/Recep \.•v • [AB ET -Childre n 's ')eifu , n ances City Contract Programs [AB ET Perfo rma n ces Te n n is oc """"'" Te nnis Upc o ming Eve nts & Programs In 'i'"'u• .. a•y [Su .. 11w""'"'" Conce rt [Art Show & Exh ibi t w/ live demon strat ion II of resistratlo ns/ II of .................. ' occurrences D ! 15 22 1 1 2 2 2 2 1 1 12 18 0 0 1 1 1 1 14 14 35 4 weeks 1 4 1 0 5 AGEND A I TEM #4A MARC H 14, 2016 II of sta ff/ vo l, It of particip ants/ committee a tte nd ees attended 74/135 4 t utors/1 staff 50 p e r day 6 t utors/1 s t aff 11 each t ime 1 62 0 8 p e r class 1 75 2 0 0 358 0 24/9 j rs 0 City of Atlantic Beach M ajor Public Works Proj ects FY15/16 -Status 3/3/16 Project Name Budget Project Activit y Notes Utilities Effluent Outfall Replacement $320,000 Design complete. DEP & ACOE permits received. This is replacement of the end of the beaches combined Received final Permit from Coast Guard. effluent pipeline and is cost shared by the 3 beach Cities. The bid was advertised on 3/2 with opening set on 3/30. Atlantic Blvd Waterline Upgrade $100,000 Design only Waiting on water model comp letion Update Water System Model $30,000 Initial model built. Calibration started. Hydrant field flow tests complete. Model in final ca libration - Well Logging-6 wells $130,000 Working with consultant to scope task. This is a down hole check of the structural integrity of our drinking water wells and development of a well management plan. Replace Water Main on Seminole Rd. $700,000 Design underway-part of Seminole Road Finalizing design coordination with stormwater and streetscape From Atlantic Blvd. to S-Way Streetscape project. components of project. WTP2 North Fence Replacement $10,000 Installation anticipated week of 3/7. Vendor awaiting materials Replace Seaspray water services $100,000 Project completed within budget, processing final Work needed because of recurring line breaks and payment. accompanying outages Sewer Line rehab Sea Oats $200,000 Coordinating scope and cost with contractor Invo lves lining of aging sewer infrastructure to reduce water inflow & infiltration (1&1). Phosphorus Treatment Improvements $225,000 Preliminary engineering Report completed. Received grant to offset portion of cost. WWTP Awaiting 60% engineering design . 2 repairs Gravity Outfall to ICW $30,000 Consultant reviewing TV inspection to determine condition of outfall piping. Combined Plant Renewal and ~278,000 Addressing items separately in-house. In progress. Utility staff working with vendors & purchasing. Replacement Soft Starts WTP 1,2,3 $10,000 Chlorine AutoContro l $31,000 Control Bubbler System $15,000 LS Control Panel $19,000 LS ABCD Softstarts $55,000 Replace Kruger Disks $6,000 2 new Influent Screens $20,000 Replace Eff Pump #2 $50,000 Replace RAS Pump $50,000 Rep lace Influent Pump $22,000 Parks Projects Russell Park Renovation $160,000 New swing set installed. Other improvements being p lanned . $30K grant may supplement funding Bull Park Improvements $35,000 Pricing new fence for playground area landscaping complete. New swing Installed. Twin Lake Parks Design $25,000 Design only. Community meeting schedu led for Concept options design started. Wil l not submit application for 3/19 to solicit public input FIND grand funding this year. Marsh Multipurpose Path $540,000 Bid opened on 3/2; low bidder within budget. $50% FIND Grant funded. Vet Park Playset Rep lacement $40,000 Researching priclng and options Public Works Projects Seminole Road Improvements $900,000 Design 95% complete Bidding late Spring/early Summer. Francis Avenue Drainage $650,000 $100% CDBG funding. Received CDBG Contract Anticipate start of construction mid to late March. Flyer sent Improvements and he ld pre-con meeting. to neighborhood 12/15. Beach Renourishment $0 Scheduled for summer of2016 100% paid with Federal and County funds 2016 Resurfacing Program $330,000 Borings complete. Contracting for construction Will include resurfacing of Seminole from Plaza to cui de sac. with new vendor. Construction 1st half of 2016 Ahern Bike Plaza $15,000 Installation by City forces in 1st quarter of 2016 Grading comp lete. Initial rack installation completed (r racks). near lifeguard station. Monitoring to gauge usage/demand . Atlantic Blvd Bike Plaza $50,000 Negotiating with property owner for location. Design not st;:~rted. Sherry Saf e Route to School Sidewalk $0 8' sidewalk along Sherry & Semino le from Ahern Design & survey recently started. Neighborhood meeting to be to 17th. Design and construction funded by DOT . announced . Construction scheduled for second half of 2017. Police Building $2,892,700 Permitting, final design/constructability Construction pricing in progress adjustments. BUILDING DEPARTMENT MONTHLY ACTIVITY REPORT FOR THE MONTH OF DECEMBER 2015 PERMITS ISSUED INSPECTIONS PERFORMED NO. OF CONSTRUCTION PERMITS PERMIT COST VALUE BUILDING: 277 SINGLE FAMILY/ SF ATIACHED 8 $16,501.13 $3,286,918.00 ELECTICAL: 86 NEW DUPLEX/ MULTI-FAMILY 0 $0.00 $0.00 PLUMBING: 66 RESIDENTIAL ADDITIONS 2 $265.00 $19,500.00 MECHANICAL: 47 RESIDENTIAL ALTERATIONS 11 $2,630.06 $268,417.00 COMMERCIAL NEW 1 $4,171.27 $1,050,423.00 TOTAL: 476 COMMERCIAL ADDITIONS 0 $0.00 $0.00 COMMERCIAL ALTERATIONS 0 $0.00 $0.00 ACCESSORY STRUCTURES 1 $87.75 $1,700.00 SWIMMING POOLS 2 $667.50 $69,000.00 TREE REMOVALS ROOFING 18 $1,609.42 $141,878.00 INCHES REMOVED: 0 WINDOW/DOOR 14 $1,742.38 $91,053.00 INCHES PRESERVED: 0 SIDING 1 $62.50 $2,500.00 INCHES RELOCATED: 0 ELECTRICAL 32 $3,223.80 N/A INCHES PLANTED: 0 MECHANICAL GAS 5 $339.00 N/A INCHES PAID INTO MECHANICAL HVAC 24 $2,778.00 N/A TREE FUND: 0 PLUMBING 35 $4,746.00 N/A TOTAL: 0 DEMOLITION 4 $400.00 N/A FENCES 2 $70.00 N/A DRIVEWAY/ROW 6 $210.00 N/A REINSPECTION FEES: $440.00 SIGNS 0 $0.00 N/A TOTAL 166 $39,503.81 $4,931,389.00 SURCHARGE COLLECTED: $1,038.22 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGJ<;NOA ITEM #40 MAit C H 14, 2016 AGENDA ITE M: Rev ised lnterlocal Agreement among th e C ity of Jackson v ill e, Atlantic Beach, J acksonville Beach , Neptune Beach and U.S. Naval Stati o n, Mayport for C onduct of th e Sea and Sky Spectacular SUBMITTED BY: N elson VanLiere, C ity M an ager c:@ DATE: February J 7, 2016 STRATEGJC PLAN L.INK: None BACKGROUND: This agreem ent defines the covenants and r es po nsibilities governing the Sea and S ky Spectacular to b e held November 4-6, 2016. It is an extended celebration of city events, United States Atmed Forces acti vi ties and famil y e nte tta inment progra m s to be h eld periodically in the Jacksonville Area. The primary goal is to foster positi ve community relations and to support military recruiting efforts. The City of Atlantic Beach will be responsible within its City limits to provide support services including police, c r owd and traffic contro l, parking a nd refuse collection. This agreem e nt was last e nte red into on October IS of 2015 with the same conditions. BUDGET: None RECOMMENDATION: Approve the lnterlocal Agreement among the C ity of Jacksonv ille, C ity of Atlantjc Beach, C ity of Jacksonville Beach, C ity of Neptune Beach and the Comm ande r, U.S . Naval Station Maypo r t, U.S. Navy for Conduct of the Sea and Sky Spect acu lar and authorize the C ity M a nager to sign th e agreement. ATTACHMENT: Intcrlocal Agreement among the C ity of J acksonville, F lorid a; the City of Atlantic Beach , Florida; the Ci ty of J acksonville Beach, Florid a; t he C ity of Neptune Beach , Florida: and t he Comma nder, U .S. Naval Station M ayport, U .S. N avy Fo r Conduc t of th e Sea a nd Sky Spectacu lar. 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# 4B MARCH 14, 2016 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 INTERLOCAL AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into as of the day of , 2016 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, as revised for the fourth time on October 28, 2009, and as revised for the fifth time October 15, 2015 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 refened 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 referred to as "NEPTUNE BEACH"); and THE COMMANDER, U.S. NAVAL STATION MAYPORT, UNITED STATES NAVY (hereinafter referred 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# 4B MARCH 14, 20i6 IN CONSIDERATION of the 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 defmes the covenants and responsibilities goveming the Sea and Sky Spectacular, to be held on November 4-6, 2016 (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 entertainment 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 efforts. The Event is intended to be an annual regional attraction with air show sites altemating 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 parties 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 govemments 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 military 2 capabilities. AGENDA ITEMS# 4B MARCH 14, 2016 3. RESPONSIBILITIES. The parties shall have the following responsibilities, which may be supplemented or more specifically defined as necessary, from time to time, for the conduct of the Event: 3.1. JACKSONVILLE: 3 .1.1. Special Events Production and Coordination. The Office of Special Events (hereinafter refened to as the "OSE") represents JACKSONVILLE's interests and shall provide special events production expertise and coordination for the Events held at the Jacksonville Beach Oceanfront. The OSE will share in the responsibility of arranging and conducting the Sea and Sky Spectacular with ATLANTIC BEACH, JACKSONVILLE BEACH, NEPTUNE BEACH and CNSM. 3.1.2. Custodian for Sponsorship Funds. The OSE will serve as custodian of sponsorship money and will write accounts payable checks using the sponsorship money raised to support the Sea and Sky Spectacular. · 3.1.3. Event Promotion. JACKSONVILLE shall have the overall responsibility for promoting the Event as a regional attraction. 3.1.4. Monetary Contribution. Subject to the maximum indebtedness in Section 8, below, JACKSONVILLE will provide and fund various services necessary to produce the Event. Such services shall include police, private security, fire and rescue support services, advertising and marketing, Jacksonville Transportation Authority shuttles, air show consultant, air show acts, sound and entertainment, VIP area, liability insurance and event maintenance (collectively and individually refened to as the "JACKSONVILLE Services"). Subject to the maximum indebtedness in Section 8 below, JACKSONVILLE may provide services in addition to the above JACKSONVILLE Services, to the extent that such additional services become necessary to produce the Event; provided however, such additional services shall not be provided or required hereunder unless and until such time as this Agreement is amended, in writing, for the inclusion of such additional services. 3.2. ATLANTIC BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH: 3.2.1. Monetary Contribution. ATLANTIC BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH are not required to contribute any sponsorship or other funds to JACKSONVILLE for the 2016 Sea and Sky Spectacular. 3.2.2. Support Services. Within their respective city limits, and/or as the need may require, ATLANTIC BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH shall provide and fund staffing/police, fire and rescue support services for the Sea and Sky Spectacular, including, without limitation, police services, crowd and traffic control, parking and 3 AGENDA ITEM# 4B MARCH 14, 2016 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 staffing police, fire and rescue support services only to the extent that the circumstances surrounding 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 arranging and conducting the Sea and Sky Spectacular with JACKSONVILLE's OSE and CNSM; provided however, said OSE shall have the fmal 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. Navy/CNSM: 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 militaty 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# 4B MARCH 14, 2016 4. JACKSONVILLE SEA AND SKY SPECTACULAR OCEANFRONT Affi 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 Maypmi 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 fmal, 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 occuning 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 ofCNSM, 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 determinations 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) of the 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# 4B MARCH 14, 2016 5. TERM OF AGREEMENT. This Agreement shall have a one (1) year term, commencing on the Effective Date (defined below) unless earlier terminated as provided for herein, 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 parties, by certified 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 ZERO DOLLARS ($0.00). 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. This Agreement is contingent upon lawfully appropriated funds for the Event. 9. SEVERABILITY. If any part of this Agreement is found by a comt of competent Jurisdiction to be unlawful or otherwise unenforceable, such part shall be deemed to be severed from this Agreement and the remaining parts 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 ofthe text of this Agreement. 11. CONSTRUCTION. The parties acknowledge that they have had meaningful input into the terms and conditions contained in this Agreement. Therefore any doubtful or ambiguous provisions contained herein shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "Fortius Contra Proferentum" shall not be applied to the interpretation of this Agreement. 12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto for their responsibilities with respect to the Event. No statement, representation, writing, understanding, agreement, course 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 6 AGENDA ITEM# 4B MARCH 14, 2016 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 counterparts together shall constitute one and the same instrument. [Remainder of page is intentionally left blank. Signature page follows immediately.] 7 AGENDA ITEM# 4B MARCH 14, 2016 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 FLORlDA) )ss. COUNTY OF DUVAL) CITY OF JACKSONVILLE By: ____________________________________ _ Lenny Curry Mayor The foregoing instrument was acknowledged before me this day of -------- 2016, by , as , and James R. McCain, Jr., Corporation Secretary respectively, of the City of Jacksonville, a municipal corporation in Duval County, Florida. Such persons: (notmy must check applicable box) + 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: _________ _ (NOTARlAL 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 8 AGENDA ITEM# 4B MARCH 14, 2016 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 _________ _ 2016, by Donna L. Bartle, 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: (notary must check applicable box) $ 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) 9 AGENDA ITEMS# 4B MARCH 14, 2016 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 Nmth 3rd Street Jacksonville Beach, FL 32250 STATE OF FLORIDA) )ss. COUNTY OF DUVAL) CITY OF JACKSONVILLE BEACH By: ____________ _ Charlie Latham, Mayor 11 Nmth 3rd Street Jacksonville Beach, FL 32250 By: ____________ _ George D, Forbes, City Manager 11 North 3rd Street JacksonvilleBeach, Florida 32250 The foregoing instrument was acknowledged before me this day of _____ _ 2016, 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) ~ 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) 10 AGENDA ITEM# 4B MARCH 14, 2016 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: ----------------------------Andy Hyatt, City Manager 116 1st Street Neptune Beach, FL 32266 The foregoing instrument was acknowledged before me this day of _____ _ 2016, by Andy Hyatt 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) + are personally lmown to me; or + produced a current _____________ driver's license as identification; or + produced as identification ___________ (Sign) ____________ (Print) NOTARY PUBLIC My Commission expires: ------~- (NOTARIAL SEAL) 11 AGENDA ITEM# 4B MARCH 14, 2016 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: __________ _ By: _______________ _ Signature Type/Print Name: _______ _ Wesley R. McCall, Captain, United States Naval Station Mayport Title: ------------------------- STATE OF FLORIDA) )ss. COUNTY OF DUVAL) The foregoing instrument was acknowledged before me this ___ day of ______ _ 2016, by Wesley R. McCall, and as Captain and _________ respectively, of the United States Navy. Such persons: (notary must check applicable box) $ 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\_2016\Interloca1 Agreement\16 Sea SkySpectacular Interloca1 Agreement 12.11.15.doc 12 AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITtM 1#4C MARCH 14, 2016 Purchase Two (2) Gorman-Rupp Pumps for the Wastewater Treatment Plant frotn Hudson Pump & Equipment Associates, Inc . as they are the sole s ource di s tributor of Gonnan-Rupp pumps. Kayle Moore, Acting Public Works Director March 3, 2016 BACKGROUND: In preparation of the F isca l Year 2016 budget, the City's Public Utilities Department included the cost of heavy machinery needed to properly operate the Wastewaster Treatment Plant, and uphold the expectations of the Flmida DEP and the St. Johns River Water Management District. The City did not s o li cit competitive bids or quotes for thes e items, as Gotman- Rupp products became the City standard over thirty (30) years ago, and has been used exclusively ever s ince. This decision was part of the major pumping station rehabilitation project that the City undet1ook at that time. A single pump manufacturer for the rehab project was strongly encouraged, and Gorman-Rupp was s e lected . Parts for new and older models are readi ly available, and they have kept the same pump design used by the City for decades. Staff is familiar with this brand and can eas ily perform routine maintenance. John Collins of J. Collins Engineering Associates has worked on several projects fbr the City, including the upgrade of the Wastewater Treatment Plant in 20 I 0. He recommends that the City continue to use Gonnan-Rupp pumps for its wastewater applications. It is not recommended to interchange brands in any mechanical equipment appli ca tion, and to ch ange the entire system would be costly. He provided the attached statement. BUDGET: We included in the PY20 1 6 Operating Budget the purchase of two (2) Gonnan- Rupp pumps/motors, to replace the existing machinery. The combined total for both pumps is $6 1,933. ATTACHMENTS: Statement f•·om J. Collins Engineering Associates, LLC . RECOMMENDATION: To approve the purchase Two (2) Gorman-Rupp Pumps in the amount of$6 1 ,933 from Hudson Pump & Equipment Associates, Inc. as they are the sole source dis tributor of Gonnan-Rupp pumps. REVIEWED BY CITY MANAGER: :-/tk-2-<ct;l_au AGENDA I TEM #4C MARCH 14,20 16 Statement from J . Collins Engineering Associates, LLC. John Collins, PE C ity has been us ing G onna n-Rupp (GR) Pumps fo r ove r 30 years as a s tandard s el f-priming wastewa te r pump. T he process wa s d evelo p ed m a ny ye ars ago wh e n th e ci ty ha d no unifo rm s tandard practi ce o n selecti on of wastewater pumps . The prev ious use o f no n -stand ard pumps presented many maintenance iss ues as w e ll as pro ble ms of obtaining many di ffe re nt s pare parts . T he d ecis io n to have standard pumps fo r the C ity•s w as tewater li ft s ta ti o ns as well a s in many app licati o ns in the wastewater pla n t b e nefi ts the ci ty and th e public. T he sel ected pumps arc re li ability , o p erato r friendl y and mos t p arts ar e avail able in Flo rid a. S in ce th e goal o f public ut iliti es is to provid e re li able c ustomer servi ce-the s ta nd a rdi zati o n of the purchasing o f wastewater equipme nt is a commo n practi ce w ith munic ipa l ut ility departm ents s ince it increases o perator knowledge in th e m a inte na nce an d servi ce of the pumps whi ch in re turn f aci litates repa irs and obta ining parts. By minimi z ing the time to re turn wa s tewa te r pumps back into service, th e C ity reduces th e ri sk of an en v iro nme n ta l spill and F D EP pe nn it vio la tions . Staff s upp o tts the co ntin ua tion of th e u s c of standa rdi z ed O R pumps a nd o the r wastewater equipm ent in the c ity . J . Collin s E ng ineering A ssocia tes, LLC (JCEA) 11 5 I 6-3 S a n Jose Blv d . J ackson v ill e, FL 32223 904-262-41 2 1 904-7 16-6282 Cell AGENDA1TEM: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT ORDINANCE NO. 45-16-22 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION; ARTICLE HI, LOCAL BUSINESS TAX; SECTION 20-53, HALF YEAR RECEIPTS CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE; AND SECTION 20-54, DUE DATES AND DELINQUENCIES; PENAL TIES CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE AND DELETING THE REQUiREMENT THAT THE CITY CLERK SHALL DISCONNECT WATER SERVICE FOR NON PAYMENT; AND SECTION 20-56, COMPLJANCE BY RECEIPT HOLDERS TO CHANGE THE CITY MANAGER TO FINANCE DIRECTOR OR DESIGNEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTfVE DATE. SUBMITTED BY: Nelson VanLiere, City Managerc?:? DATE: Ma rch 2 , 2016 STRA TEGLC PLAN LINK: Succession Planning AGENDA ITEM #7A MARCH 14,2016 BACKGROUND: In an eff01t to streamline operations of th e Cit y to continua lly do more with fewer resources, I am propos ing a shift in responsibiliti es of the d ai l y duties of managing th e Business Tax Receipts from the City C lerk to the City Manager, more specifically to the Finance Department. In my opinion, the job duties arc better suited for the Finance Department than for the Clerk 's Office due to the nature of the duties. Reasons for this change are highlighted below: I. One of the most significant reasons to implement a change is that although the code indicates that the Clerk's Office is responsible, a significant portion of the work is not supervised by the C lerk. The zoning approvals, insp ections and the collection of the fee s are all p e rform ed by other departments. When problems arise, the Clerk has no authority over the persons o utside her department perfonning the tasks. There should be one person responsible for the total process to insw·c that the treatment of customers is unifom1 and consistent, the fees are applied conectly and the inspections are performed timely. 2 . According to the C l erk, the C lerk's Office has been experiencing great difficulty perfotming thi s function at a front counter, taking up much needed time that s hould be devoted to records m anagement. The Clerk has r epeated ly brought it to my attention that her Records Clerk has difficulty working o n record s with the interruptions of the fro nt coun ter. Moving the Business Tax Receipt function across the hall shou ld alleviate some of this pressure. The Record's Clerk would be better utilized assisting the City C lerk with public records reques ts and processing records that need to be scanned and indexed for future reference. AGENDA ITEM# 7 A MARCH 14, 2016 3. The Finance Department already processes tax receipt payments, the Building and Planning Department performs a zoning review and the Building Official coordinates any inspections that need to be done. The Finance Department has front counter support and is capable of performing the remaining required procedures of taking the applications and verifying once trained. 4. The software that the Clerk's Office has been using has proven to be troublesome and time consuming. The software will be upgraded in the near future and will require many hours of training. By transferring these duties now, the Finance Department will have time to train and migrate to the new software and unburden the Clerk's Office with this responsibility. Finance personnel have more resources to go through the conversion and get the programs running smoothly. They will have the support of the Finance Director and two Accountants and a Billing Specialist. Having people trained and cross trained should make the process work more efficiently. This will also mean that the Clerk's Office will never need to spend resources on the City's integrated software except for requisition input. 5. When there is a critical function in a small department and only the person assigned the task knows how to perform the task or has time to perform the tasks and that person leaves employment, it puts the City in a difficult position to recover, especially when the process is complicated and involves specific software. These types of duties would be better off with a pool of employees that are familiar with the program. 6. This code revision also removes language that requires the City Clerk to cut off water services to those businesses that do not pay by January 31st. The City Clerk has never enforced this section of the code. The business may be closed for non-payment, but utilities may need to remain on if paid for. 7. This revision of the code also clarifies the dates for half year tax receipts and removes the provision that asks for hardship consideration before a partial year tax receipt would be given. This is not a necessary provision when partial year receipts are allowed. Declaring a hardship is very subjective and difficult to apply. For these reasons, the transfer of the responsibility of managing the Business Tax Receipts from the City Clerk to the City Manager or his designee by amending Section 20 of Chapter 20, Article III, of The Atlantic Beach Code of Ordinances would be in the best interest of the City. BUDGET: None RECOMMENDATION: To approve Ordinance 45-16-22 as read by title. ATTACHMENT: Ordinance No. 45-16-22 ORDINANCE NO, 45-16-22 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION; ARTICLE III, LOCAL BUSINESS TAX; SECTION 20-53, HALF YEAR RECEIPTS CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE; AND SECTION 20-54, DUE DATES AND DELINQUENCIES; PENAL TIES CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE AND DELETING THE REQUIREMENT THAT THE CITY CLERK SHALL DISCONNECT WATER SERVICE FOR NON PAYMENT; AND SECTION 20-56, COMPLIANCE BY RECEIPT HOLDERS TO CHANGE THE CITY MANAGER TO FINANCE DIRECTOR OR DESIGNEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7A MARCH 14, 2016 WHEREAS, the City Clerk is currently assigned the duties related to the issuance and renewal of business tax receipts and is accomplishing this task with the support of a records clerk; and, WHEREAS, there are significant records of the City that have not been scanned and indexed for future reference and increases in public records requests are taking up more time than in the past; and, WHEREAS, the City Manager, through the realignment of some other job duties proposes to perform the duties of the management of the business tax receipts and bring that function into the Finance Department. The collection of fees is already performed by the Finance Department and they have front counter support for this function. WHEREAS, the City Commission now finds that it is in the best interest of the City to transfer the responsibility of managing the Business Tax Receipts from the City Clerk to the City Manager or his designee and therefore desires to amend Section 20 of Chapter 20, Article III, of the Atlantic Beach Code of Ordinances. AGENDA ITEM #7A MARCH 14, 2016 NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION I Code Amended. That Section 20 of the Code of Ordinances, relating to the Bus iness Tax Receipts of the C ity of A tl antic Beach, Florida, is hereby amended as fo ll ows: Sec. 20-53. -Half-year receipts. The eity cleric, upoB proper shewing tha~ the iss~:tanee of a receipt fer a full year would weriE a hardship iR any instance duriBg the period from April first to Ootober first, may issue a half year's reeeipt. PeFSOfls app lying for a receipt aftef Ootober fifst ffHlY be issued a kalf year's reoeipt. No receipt shall be issued for more than o ne year. For each receipt obtained from October 1 through March 31, the full tax fo r one year shall be paid; for each receipt obtained from April I through September 30, one-half of the fu ll tax shall be paid. Sec. 20-54. -Due dates and delinquencies; penalties. (a) All receipts shall be sold by the city manager or designee e ity olerk beginning September first of each year and s ha ll be due and payable on or before October first of each year and shall expire on September thirti eth of the s ucceeding year. lf October first falls on a weekend o r ho lid ay, the tax sha ll be due and p ayable on or before the first working day following October first. Those receipts not renewed when due and payable s hall be considered d e linquent and subject to a delinquency penalty often (1 0) percent for the month of October, plus an additional five (5) percent penalty for each month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed twe n ty-five (25) percent of the local business tax fee for the delinquent establis hment. If receipt is not paid b~· January thirty first, tJ:te eity olerlc shall have eity water service diseoMeeted l:I:Rtil business tax fee plus delinEJuent charges are ~aid in full. (b) Any person engaging in o r managing a n y business, occupation o r profession without first ob ta ining a local bus iness tax receipt, if req uired in this article, shall be subject to a penalty of twenty-five (25) percent of the business tax fee determined to b e due, in addition to the penalty provided b y F.S. Ch. 162; any such business may be closed by the city manager or his designee until the bus iness tax requirements have been met. Sec. 20-56. -Compliance by receipt holders. Issuance of a local business tax receipt by the c ity manager or designee oity olerk shall in no Wtse!Y re lieve the h older thereof of responsibil ity for compliance w ith a ll p rovisions of this Code or oth er c ity o rdinances or parts thereof heretofore passed or w hich may hereafter be passed by the c ity commission regulating the co nduct of the business. AGENDA ITEM# 7A MARCH 14, 2016 SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of any other ordinance, then the provisions of this ordinance shall govern. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. Effective Date. This Ordinance shall take effect May 1, 2016. PASSED by the City Commission on first reading this __ day of ___ , 2016. PASSED by the City Commission on second and final reading this __ day of 2016. --- MITCH REEVES, Mayor, Presiding Officer ATTEST: DONNAL. BARTLE, City Clerk Approved as to form and correctness: City Attorney AGENDA ITEM # 8A MARCU14, 2016 CITY OF ATLANTIC BEACH ClTY COMMISSION AGENDA ITEM ON EMERGE NC Y PLANNING AGENDA ITEM: This is a fo rm al r e quest for a bri efi n g by the C ity Ma nager and staff to the C ity Co01rni ssion o n detailed aspects of the City's Emergency Management pla n for a ny and all contin gencies or poss ibl e eme rgency incidents. A briefing is requested prior to the s tart of the 2016 defined hwTicane season. SUBMITTED BY: Commissioner John M Stinson ~~ DATE: The 24111 of February 2 01 6 BAC KGROUND: The C ity of Atlantic Beach emergency operation s are covered under C ity Ordi na nc e Part Il, C hapter 2, Administ1'ation, Artic le VIII , E mergen cy Management, Divisio n II , Emergency Management P lan, Section 2 parts 401-409. Most e mergencies a re unpredi ct able and vary widely in scope, impact and required resp onse. Causes may be severe weather, infe ctio u s diseases, indus tri a l accidents or s pills, or by intentional acts. And, when experienced, a n emergency can threat e n public safety, the e nvironme nt, p roperty, critica l infrastructure, the health of the public and access to li fe saving health ca re. Preparation, planning, assess ment and practice are essential to e mergency pre paredness. And , residents of Atlantic Beac h need to unders tand key points of any response plan, in cluding: 1. Th e City utilizes a detailed pla n that is current, assessed and upd a ted a1mually. 2. Identify ing th e Incident Ch ai n ofCommand, includin g selection and training require d. 3. Prefetred me th ods of informa tion di ssemina ti on to & from the public. 4. Specifi c evacuation routes for each uniqu e area of the city. 5. Contingency pl an s in the event evacuation is not p ossible . 6. C ity-wide security in the event a f ull evacuation is impleme nted. Atlantic Beach has been fortunate to not having experien ced a natura l emergency in decades. T he beac hes are the fir s t to evacuate if a s torm near s our area and our proximity to NS May port has the p otential to force emergency response du e to something other than natural causes. And, in today's uncet1 ain times, it is not unreasonable to contemplate intentiona l ac ts of those w ish ing to cause harm and fear in c iti zens. Co nside r~ according to the c mTe nt Atla ntic Beach city plan, when winds reac h a sustain ed rate of 40 MPH in Atlantic Beach, all key empl oyees (including police) relocate across the Intracoastal Wate rway. If City sta ff is relocatin g, will there b e an entire evacua ti on of the C ity ? How will security be provided for ou r unoccupied h omes a nd businesses in A tl antic Beach ? How does the plan provi de for re-entr y and r ecovery operations? Has the current plan been te sted by "in house" sessions s uch as a ''tab le top" exercise wh ere various scenario s are presented for city leaders to respond to and th a t vali date the pl a n? 1 AGENDA ITEM# 8A MARCH 14, 2016 CITY OF ATLANTIC BEACH CITY COMMISSION AGENDA ITEM ON EMERGENCY PLANNING OTHER CONSIDERATIONS: Remember ... "If you fail to plan, then plan to fail" and even the best response plan, poorly implemented, will magnify the impact of any incident experienced. Therefore, it is critical that any response plan be assessed, evaluated and revised to be able to successfully address any possible emergency. Key elements to consider in assessing these emergency plans include: 1. Communications -umeliability of wireless services, GETS phones for necessary personnel, secondmy communications such as HAM radios, satellite phones, radio broadcasts, military & National Guard, etc. 2. Traffic Management -egress, ingress routes and public safety control points, coordination with adjacent governmental agencies, citizen knowledge & understanding, other necessary services, towing & recovery services, up-to-date passes for citizen reentry, etc. 3. Evacuation Action-control points for City traffic and flow patterns into neighboring communities, security & looting prevention, PSA broadcasts, reentry assessment, etc. 4. Restoration-utility restoration and safety, debris removal, available resources, capital constraints and disbursements, communication flow between various depmiments & agencies, citizen assistance with information, complaints, access to insurance adjustors, reliance on citizen volunteers. CONCLUSION: A detailed, current, and well understood evacuation plan is a matter oflife and death. The City of Atlantic Beach Emergency Response Plan has yet to be evaluated and during an actual emergency is not the time to test the plan. BUDGET: Time and focus of city personnel to prepare and brief this plan at a workshop, time and focus of City staff to meet with other team members to evaluate data and make recommendations. RECOMMENDATION: Create a team consisting of one junior and one senior member of each department of the City of Atlantic Beach, working with one member of the current City Commission to identify required resources necessary for evaluating the current plan. This team will also select members of the community to assist as emergency case contributors and plan evaluation. The team would meet monthly until resource identification is complete. The team would then schedule quarterly table-top exercises to evaluate plan response and effectiveness, Early table-top exercises would be smaller, localized events with the magnitude of events building over time to include other communities and response teams. Therefore it is recommended this effort be undertaken prior to the 2016 hurricane season or as soon as possible thereafter. 2 CITY OF ATLANTIC B EACH AC~NDA l'fEM #8D MARCH 14 2016 CITY COMMISSION AGENDA ITEM ON STORMW ATER MANAGEMENT AGENDA ITEM: This is a for mal request for the City Manager and s taff to reeva luate the C ity storm-water control system and to develop a contingency plan to preve nt the flood in g of re sidences and business dw1ng peak rainfa ll events. Additiona ll y, it is requested th e C ity Manager and s taff prepare a report that details the cost of a storm water system review and potenti a l upgrades . SUBMITTED BY: C omm issioner .J ohn M Sti n so n -..)Vv\~ DATE: The 241h ofFebntary 20 16 BACKGROUND: In November 2015, The C ity of Atlantic Beach experienced a peak rainfall event in which numerous homes were floode d , areas of the Cit y were impassable for a period of time and c iti zens incurred the expen se and inconveni e nce of damage to C ity parks. At a recent C ity Commission meeting, the National Oceanic and Atmospheric Administration (NOAA) presented C ity officia ls and s ta ff with a review of the ra infall event of Novemb er 20 15. 111 the NOAA presentation, NOAA officials s ta ted this mos t recent event was not an un common experience for the City of Atlantic Beach and that the C ity h ad experienced such floodin g perhaps three times within the last 2 0 years, including the most recent event. Further, it appears the NOAA offic ials believe that events o f this type could prove more fi·e quent in the future . If the history is correct and the City of Atlantic Beach can expect mo re event s s uch as th e rainfall event of the 7°' and gth of November 2015 , there are four obvious responses City officia ls could choose. T hese responses are: I ) Acc ept th at rainfa ll events capable of overwh elming storm-water management resow-c es the City has at its dis posal will continue, and ask the c itizens to endure the inconvenience, cost and disruption su ch events create. a . T he presenter believes thi s is a n unacceptable response, to subj ect parents and children to huddle on second floor leve ls of their homes to avoid the influx of water, the danger of flood ed e lectdcal c ircuits and the lo ss o f private property. 2) Identify areas of Atlanti c Beach that are s ubj ect to flooding and begi n the process of purchasing residences and businesses located wjthin these flood zones, th ereby requiring the remaining residents to bear the burden of s uch expense. a . The presenter believes thi s is a n unaccepta bl e response tor a Ci ty whose purpose is to provide acceptable levels of service to citizens, including safety, basic services, and infhtstructure. lt is probab le ch oosing this response wou ld cause taxp ayers to endure more expense than if the storm-water syste m was improved. 3) Reevaluate the stmm-water management system where it has proven inadequate. Include as a part of the E mergency Management plan, contingency r esponses s uch as; pumping 1 AGENDA ITEM# 8B MARCH 14, 2016 CITY OF ATLANTIC BEACH CITY COMMISSION AGENDA ITEM ON STORMWATER MANAGEMENT storm-water storage systems down prior to anticipated heavy rainfall; installation of tidewater backflow prevention systems to eliminate the impact of high tides preventing storm-water systems from evacuating sufficiently during a rainfall event; contingencies for additional pump capacity during a rainfall event; and coordinating with adjacent communities maintenance, improvements and requests for assistance from State and Federal agencies for additional resources. OTHER CONSIDERATIONS: The City ofNeptune Beach is cunently working to make application to the State of Florida for one million, eight hundred thousand dollars ($1,800,000.00) in assistance to improve their storm-water management system. Although the City of Neptune Beach has experienced flooding problems at different times and of a different nature than has the City of Atlantic Beach, it is interesting that the City ofNeptune Beach is focused on some drainage systems shared with the City of Atlantic Beach. Can the City of Atlantic Beach partner with our neighbors to improve the entire drainage system? Do Neptune Beach plans take into consideration the needs of Atlantic Beach since portions of the drainage system are shared? Should Atlantic Beach reconsider the 50% pervious I impervious restriction recently relaxed? CONCLUSION: The City's storm-water management should be prevalent on the minds of every resident. Florida historically experiences rainfall in amounts not seen in much of the United States. And the proximity and frequency of tropical storms further increases demands on the ability to protect residents. This recent event highlights the inadequacies of the storm-water management system and the cunent emergency response plan in use by the City. A review of the affected areas and systems is required promptly. BUDGET: Time, focus and expense of City staff to consult those familiar with such systems and to describe the cunent storm-water system, evaluate data and make recommendations based on feedback received from those consulted. RECOMMENDATION: It is recommended that City staff prepare a presentation for the City Commission detailing affected areas of the City and the obstacles to improvements to stmm- water systems in these affected areas. City staff should also begin meetings and consultations with anyone familiar with sto1m-water system construction, improvement and contingency efforts. Results of these meetings including recommendations, justification and expense should be presented to the City Commission as soon as practical. 2 A GENOA ITF.M # 8 MARC H 14,20 16 CITY OF ATLANTIC BEACH CITY C OMMISSION AG ENDA ITEM ON 10 111 STREET BEACH ACCESS CONGESTION AGENDA ITEM: T hi s is a formal request ror th e C ity Manager and staff to begin the process of id ent ifYing the traffic volumes in the area of the l 0111 S treet beach access, in c lu di ng 1 0'11 S tr eet be tween the beach a nd. Ocean Blvd., PJaza Drive between Ocean Blvd. and East Coast Drive, and along Beach Ave. & CJub Drive between 7'11 Street and Ocean Blvd. SUBMITTED BY: Commi ssioner John M Stinson <3M ~ DATE: The241h ofFebJU ary20 t 6 BACKGROUND: The C ity of A tl anti c Beach committed to fac ilitating a mee ti ng between residents of the Clo ister condominium complex and neighboring residents adjacent to the C loister cond ominium , in which a ll parties wo uld work to some resolution of traffic congestion and the C loister residents requesting use of their so uth gate. This meetin g was h eld in ea l'ly January 2016. The benefits of the work done by all parties thu s far, has id entifi ed some concerns th at s hould be of kee n interest to th e City of A tl anti c Beach a nd are contributing factors to the req uests made and presented in the meeting of early January 2016. ln no partjcular order or priority, U'tese factors are: 1) Traffic congestion and d ri ver I pedes tri a n co nfusion on 10111 Street between th e beach access and Beach A venue. a. Contr ibuting factors include: C lo ister north gate ingress & egress; opposi ng traffic a ng led p arking adjacent the "Bikini " apartments; parking a lo ng 10111 Street adjacent to the C loister nm1h fence; vehi c les backin g into th e I 0 111 Street -Beach Ave intersection; t he heavy u se of the beach access by beach vis ito rs. 2) Resident concerns abo ut resident, pedes trian and verucu la r safety o n Pl aza Drive between Ocean Blvd. and East Coast Drive. a. Contributing fac tors include: traffic loa ds o n the st reet due to th e limited access to n e ighborhood s east of the a rea; the s peed of t:r aftic exiting Ocean B lvd. and East Coast Drive o nto this portion of Plaza Drive; and the n arrow street wi dth be tween Ocean B lvd. and. East Coast Dri ve. 3) Resident concems abo ut resident, pedestrian and vehicular traffic safety o n tJ1e Beach Ave -C lu b Drive ro ute between 7111 Street and Ocean Blvd . a. Contributing factors include: th e impact of additional traffic should the C loi ster south gate be accessed; current traffic loads and the abili ty of these neighborhoods to absorb more traffic; hi g h levels of pedestrian a nd bicycle traffic along this 1 AGENDA ITEM# 8C MARCH 14, 2016 CITY OF ATLANTIC BEACH CITY COMMISSION AGENDA ITEM ON lOth STREET BEACH ACCESS CONGESTION route; limited amount of parking for visitors creating further congestion and safety concems. The City of Atlantic Beach and our adjacent neighboring communities are the premier beach destination of northeast Florida and the southeast United States. As the Jacksonville metropolitan area and sunounding communities continue to experience growth, the demands on our infrastructure, neighborhoods, public safety and our beach access points will also increase. OTHER CONSIDERATIONS: Currently Atlantic Beach is experiencing an offseason with regards to visitors and traffic. Although not one of the more popular spring break destinations, Atlantic Beach does experience a moderate peak of visitors during the spring break period, which will begin in a few short weeks. The presenter believes this spring break and the following summer 2016 period would not be an ideal time frame to introduce changes to traffic patterns and more confusion to visitors. Therefore, now is the time to gather necessary data to evaluate traffic flows and forecast the impact of any changes planned. Key milestones to complete prior to any influx of visitors or traffic include: 1) Traffic counters should be placed to determine loads during these times of lighter traffic and visitation. a. It is recommended counters should be placed at the following areas for a period of (2) months: i. ih Street, just east of the ih Street and Beach Ave intersection, in the offset of Beach Ave but prior to Beach Ave resuming a northerly direction towards 8th Street and Club Drive. 11. Club Drive between Beach Ave & Ocean Blvd. 111. Plaza between Ocean Blvd. & East Coast Drive. IV. lOth Street between the beach access and Beach Ave. b. It is recommended the counters be placed or retained again for a (2) month period on or about June 2016 in the same areas for additional data gathering. 2) Data should be collected from the counters weekly to fully understand traffic loading and any increases experienced. 3) Data should be collected twice daily for a one-week period at a midpoint in each time frame to better understand peak periods of traffic loading. 4) The data collection should begin as soon as practical to facilitate implementing any changes prior to the summer 2016 season. 5) A traffic engineer isn't required, the changes to parking and residential traffic are simple to address and would be an unnecessary expense to bear. CONCLUSION: Changes to residential traffic patterns and parking are generally easily implemented and expense should be minimal. But, time is of the essence, and the issues will be compounded as time and demand on resources increases. 2 AGENDA ITEM #8C MARCH 14, 2016 CITY OF ATLANTIC BEACH CITY COMMISSION AGENDA ITEM ON lOth STREET BEACH ACCESS CONGESTION BUDGET: Time and expense of traffic counter utilization, time and expense for data collection, time and focus of City staff to meet with other team members to evaluate data and make recommendations. RECOMMENDATION: Create a team consisting of one Public Works senior staff member, one Public Safety senior staff member, one member (past or present) of the Community Development Board, one resident with interest or experience in such matters, working with one member of the current City Commission to review gathered data, to conduct a onsite review of all beach access parking, and to make recommendations to the City Manager and City Commission no later than the 1st of May 2016. 3 A GENOA ITF.M # 8 MARC H 14,20 16 CITY OF ATLANTIC BEACH CITY C OMMISSION AG ENDA ITEM ON 10 111 STREET BEACH ACCESS CONGESTION AGENDA ITEM: T hi s is a formal request ror th e C ity Manager and staff to begin the process of id ent ifYing the traffic volumes in the area of the l 0111 S treet beach access, in c lu di ng 1 0'11 S tr eet be tween the beach a nd. Ocean Blvd., PJaza Drive between Ocean Blvd. and East Coast Drive, and along Beach Ave. & CJub Drive between 7'11 Street and Ocean Blvd. SUBMITTED BY: Commi ssioner John M Stinson <3M ~ DATE: The241h ofFebJU ary20 t 6 BACKGROUND: The C ity of A tl anti c Beach committed to fac ilitating a mee ti ng between residents of the Clo ister condominium complex and neighboring residents adjacent to the C loister cond ominium , in which a ll parties wo uld work to some resolution of traffic congestion and the C loister residents requesting use of their so uth gate. This meetin g was h eld in ea l'ly January 2016. The benefits of the work done by all parties thu s far, has id entifi ed some concerns th at s hould be of kee n interest to th e City of A tl anti c Beach a nd are contributing factors to the req uests made and presented in the meeting of early January 2016. ln no partjcular order or priority, U'tese factors are: 1) Traffic congestion and d ri ver I pedes tri a n co nfusion on 10111 Street between th e beach access and Beach A venue. a. Contr ibuting factors include: C lo ister north gate ingress & egress; opposi ng traffic a ng led p arking adjacent the "Bikini " apartments; parking a lo ng 10111 Street adjacent to the C loister nm1h fence; vehi c les backin g into th e I 0 111 Street -Beach Ave intersection; t he heavy u se of the beach access by beach vis ito rs. 2) Resident concerns abo ut resident, pedes trian and verucu la r safety o n Pl aza Drive between Ocean Blvd. and East Coast Drive. a. Contributing fac tors include: traffic loa ds o n the st reet due to th e limited access to n e ighborhood s east of the a rea; the s peed of t:r aftic exiting Ocean B lvd. and East Coast Drive o nto this portion of Plaza Drive; and the n arrow street wi dth be tween Ocean B lvd. and. East Coast Dri ve. 3) Resident concems abo ut resident, pedestrian and vehicular traffic safety o n tJ1e Beach Ave -C lu b Drive ro ute between 7111 Street and Ocean Blvd . a. Contributing factors include: th e impact of additional traffic should the C loi ster south gate be accessed; current traffic loads and the abili ty of these neighborhoods to absorb more traffic; hi g h levels of pedestrian a nd bicycle traffic along this 1 AGENDA ITEM# 8C MARCH 14, 2016 CITY OF ATLANTIC BEACH CITY COMMISSION AGENDA ITEM ON lOth STREET BEACH ACCESS CONGESTION route; limited amount of parking for visitors creating further congestion and safety concems. The City of Atlantic Beach and our adjacent neighboring communities are the premier beach destination of northeast Florida and the southeast United States. As the Jacksonville metropolitan area and sunounding communities continue to experience growth, the demands on our infrastructure, neighborhoods, public safety and our beach access points will also increase. OTHER CONSIDERATIONS: Currently Atlantic Beach is experiencing an offseason with regards to visitors and traffic. Although not one of the more popular spring break destinations, Atlantic Beach does experience a moderate peak of visitors during the spring break period, which will begin in a few short weeks. The presenter believes this spring break and the following summer 2016 period would not be an ideal time frame to introduce changes to traffic patterns and more confusion to visitors. Therefore, now is the time to gather necessary data to evaluate traffic flows and forecast the impact of any changes planned. Key milestones to complete prior to any influx of visitors or traffic include: 1) Traffic counters should be placed to determine loads during these times of lighter traffic and visitation. a. It is recommended counters should be placed at the following areas for a period of (2) months: i. ih Street, just east of the ih Street and Beach Ave intersection, in the offset of Beach Ave but prior to Beach Ave resuming a northerly direction towards 8th Street and Club Drive. 11. Club Drive between Beach Ave & Ocean Blvd. 111. Plaza between Ocean Blvd. & East Coast Drive. IV. lOth Street between the beach access and Beach Ave. b. It is recommended the counters be placed or retained again for a (2) month period on or about June 2016 in the same areas for additional data gathering. 2) Data should be collected from the counters weekly to fully understand traffic loading and any increases experienced. 3) Data should be collected twice daily for a one-week period at a midpoint in each time frame to better understand peak periods of traffic loading. 4) The data collection should begin as soon as practical to facilitate implementing any changes prior to the summer 2016 season. 5) A traffic engineer isn't required, the changes to parking and residential traffic are simple to address and would be an unnecessary expense to bear. CONCLUSION: Changes to residential traffic patterns and parking are generally easily implemented and expense should be minimal. But, time is of the essence, and the issues will be compounded as time and demand on resources increases. 2 AGENDA ITEM #8C MARCH 14, 2016 CITY OF ATLANTIC BEACH CITY COMMISSION AGENDA ITEM ON lOth STREET BEACH ACCESS CONGESTION BUDGET: Time and expense of traffic counter utilization, time and expense for data collection, time and focus of City staff to meet with other team members to evaluate data and make recommendations. RECOMMENDATION: Create a team consisting of one Public Works senior staff member, one Public Safety senior staff member, one member (past or present) of the Community Development Board, one resident with interest or experience in such matters, working with one member of the current City Commission to review gathered data, to conduct a onsite review of all beach access parking, and to make recommendations to the City Manager and City Commission no later than the 1st of May 2016. 3 AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA lTEM If 80 MAltCH 14, 20to Application for a State Historical Marker to Commemorate Combat Team Camp Atlantic Beach Yvonne Calverley, Executive Assistant to the City Manage1c.- February 25, 2016 An Atlantic Beach citizen recently presented the City with a copy of a historical document written in 1955 that discussed military operations at the beaches during World World 11 , specifically the operations at "Combat Team Camp Atlantic Beach". fn 1942, the U.S. Army Corps of Engineers leased 149 acres of land in Atlantic Beach for the construction of an U. S. Army camp for rotating infantry and coastal artillery units. The main crunp was situated at present day Selva Lakes and was in existence for approximately 18 months. The purpose of this staff report is to determine ifthe City Commission has an interest in submitting an application to the State for a his torical marker. The deadline to submit an application to the Division of Historical Resources in Tallahassee is May 1, 2016. BUDGET: The current cost for a single-sided marker is $1900.00. The price includes th e sign, post and shipping charge. RECOMMENDATION: The Mayor and Commission should decide whed1er they want to pw·c hase a historical marker commemorating Combat Team Camp Atlantic Beach and. if so. authorize staff to prepare the required application. ATTACHMENT: 1) Example of historical marker and proposed text CLTV MANAGER: --rt t/~ ;(U-1..& Proposed language for historical marker: Combat Team Camp Atlan6c Beach AGENDA ITEM# 80 MARC H 14,2016 ln June 1942, beach defense becam e a primary mi ss ion of the U.S. Army after a pair of Ge rman submarines landed spies on U. S. sho relines. That same year, th e U. S. Army Corps of E ngineers leased 149 acres of land in Atlantic Beach, Florida for the construction of a n U. S. Army camp for rotating infantry and coastal artillery units . The 53ro Coast Artillery Regiment, which manned four 155-mrn l ong-range g un s known as "Long Toms", was the a nc ho r unit at Comb at Team Camp Atlantic Beach. T he main camp was situated at present-day Selva Lakes and the gun p lacement was located at what is now Area 7 of Hanna Park. The U . S. Anny camp was in exis tence for 18 mo nths until the U.S. military began a rapid reduction of its beach defense forces in 1944. CITY OF ATLANTIC BEACH CITY C OMMISSION MEETING STAFF REPORT AGENDA ITEM: ORDINANCE NO. 33-16-21 An Ordinance of the City of Atlantic Beach, F lorida, Amending Chapter 2 of the Code of Ordinances, Administration, Article 11, City Commission, Amending the Boundary of Seat 2 , District 1308 of the City Commission, and Providing for Severability, and Providing Direction to Staff, and Providing for an Effectiv e Date SUBMITTED BY: Nelson Van Lierc, C ity Manager@ DATE: March 3, 2016 STRATEGIC PLAN LINK: A1ll1exation AGENDA ITEM# 8E MARCH 14,2016 BACKGROUND: Du e to th e a1mexatio n of the A tlantic Beach Co untry C lu b, the C ity's voting districts need to be amended to reflect the newly a nn exed area. T he Duval County Supervisor of Electi ons has advised the C it y that no voting district s hall have 5% more re s idents of a voting age than an y o ther votin g dishict. The City used 2010 Censu s data to evaluate the po pul a ti o n of each voting di s tti ct and d etermine the best way to add the newly annexed area into the City's existi ng voting dis tricts. l t was determined th at the City cou ld incorporate the newly annexed a rea into voting district 1308 and s till maintain the necessary population separ ation between th e four distticts . The proposed ordi nance also c leans up a few references to the fanner disttict ti tles. A m ap of the proposed districts i s attached to the Ordinance, a nd i f approved will be included in the C ity's Code. BUDGET: Non e. RECOMMENDATION: Direct staff to forward th e attach ed Ord in a nce to the Duval Co un ty S up ervisor of Elec t ions as proposed . If there are no objections; place thi s ord inance on the next agenda for approval. ATTACHMENTS: Proposed Ordinance No. 33-16-2 1 The C ity of A tlantic Beach Voting Di stricts, (Map) ORDINANCE NO. 33-16-21 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, AMENDING THE BOUNDARY OF SEAT 2, DISTRICT 1308 OF THE CITY COMMISSION, AND PROVIDING FOR SEVERABILI TY, AND PROVIDING DIRECTION TO STAFF, AND PROVIDING FOR AN EFFECTIVE DATE AGENDA ITEM #8E MARCI-l 14,2016 WHEREAS, The City of Atlantic Beach has annexed a n area called the Atlantic Beach Country C lub fi·om Jacksonville into its City limits, and now must include those new residents in one of the four Atlantic Beach voti ng di stricts as established in 2012, a11d WHEREAS, the newly annexed area of the Atlantic Beach Country C lub is expected to add approx imately 340 new registered voters when fully developed, and WHEREAS, the district with the lowest number of registered voters according to the last census in 2010 was DistJict I 308 and by add ing these voters to district 1308 ,entirely, the d istrict is still less than 5% different in population than any of the other three di stricts, and WHEREAS, the boundary ofDistlicts 1307 and 1308 are adjacent, making it necessary to change the description of the boundary of District 1307 where affected by the new boundary of District 1308, and WHEREAS, the descriptions of all voting districts should be amend ed to remove the references to the names of the o ld districts and to properly label the attached maps previously not included in the code, and inse11ing new maps showing the adjusted boundaries, and NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: T he Code of Ordin a nces oftlte City of Atlantic Beach, F lorida, is hereby amended by changing the boundaries of vot ing di s trict 1308 and the descriptions of each of the voting districts so that s ection 2-22 s hall read as follows: (a) S eat 2. District 1308 fWRHerly l3Hi s ha ll be as shown on the attached drawing entitled "The Ci t y of Atlantic Beach Voti.ng D ist r icts (201 0 Census)," the bound aries of which are as follows: AGENDA ITEM #8E MARC A 14,2016 Begi m1i n g at a point in the City of Atl antic Beach's eastern city limits, being a po in t of inte rsecti on of the A tl antic Ocean and the easter n extension of the 161h Street tight-of- way; then running wester ly along t he 16th Street right-of-way and extension thereof, to a point of intersection with the Beach Avenu e ri gh t-of-way; then runnin g northerly along the Beach Avenue right-of-way to a point of intersection with the 17 th Street right-of-way; then runnin g westerly along th e 17 111 Street tigh t-of-way to a p oint of intersection with the Sem in ole Road ri gh t-of-way; then runnin g northerly along the Seminole Road ri ght-of-way, to a point of intersecti on with the Saturiba Drive ri ght -of- way; then runnin g wes terly along the Saturiba Drive right-of-way to its western tenni nu s; then running southwest to a point of intersoetion wit:A the westem eity lifflhs line, being also the southwestern earner ofthe Sevilla Gareel'lS eoneomiaium J3Foperty; then nui-B:iag southerly along the oity limits line, being also the eastern boundary ef the 8el¥a Marina Country Ch:il:~ property, to a point of interseetion with the eastern eK:teflsion of the Dutton lsleml RiJaa right of way, also beirtg tke northern oity limi•s: then running southwesterly along the north side of the Se lva Marina Unit 5 plat, to a point of intersection with the southernmost corner of the Sevilla Garde ns condominium property, being also the northern boundary of the Atlantic Beach Country Club SPA; then running northwesterly along the northem boundary of the Atlantic Beach C ountry Club SPA t o a point of intersection with the northeastern corner of the Fairway Villas PUD; then running south along the western boundary of the Atlantic Beach Country Club SPA to a point of intersection with the eastern extension of the Dutton Island Road right-of-way; then running wester ly a long the Dutton Js land Road righ t-of-way and eas tern ex tens ion thereof, to a point of int ersecti on with the Main Street right-of-way; then r unn ing sou th erly along th e Main Street tight-of-way to a point of in te rsecti on with the Levy Road ri ght-of-way; then runnjng easterly a long the Levy Road ri ght-of-way to poin t of intersection with the Mayp01t Road right-of-way; then runnin g so uth erly alo ng the Mayport Road right-of-way to a point of in te rsection with the Pla za right-of-way; then running eas terly along the PJa za right-of-way to a poi nt of intersecti on with the Ocean Bo ul evard 1ight-of-way; then running northerl y along the Ocea11 Bouleva rd ri ght -of- way to a point of intersection with the I o•" Street right -of-way; then running eas terl y (b) AGENDA ITEM# 8E MARC H 14,2016 alo ng the I 0111 Street ri g ht-of-way to a point of in te rsection with th e Beach Ave nue right-of-way; then runnin g nmtherl y alon g th e Beach Avenu e right-of-way to a po in t of int ersection with the 11 1h Street ri ght-of-way; th en runnin g eas terl y a long the I 1111 St ree t ri ght -of-way and the eas tern extension th ereof, to a poin t of intersectio n with the Atl antic Ocean, being also th e eastern city limits line; then r unnin g nott herl y alo ng th e c ity lim its lin e to the p oint of begilmin g. Sea t 3. D istrict 1307 (foFFRerly 13G) shall be as shown on th e att ached dra w ing entitle d "The City of Atl anti c Beach Votin g Distri cts (201 0 CeRsus)", the bound a ti es o f which are as follow s: Beginning at a p oint in the City of Atlan tic Beach's northem city limi ts on the east at its intersection with th e Atlantic Ocean; then running we sterl y along th e no rthern c ity limi ts line, also bein g th e so u them boundary o f Hann a Park, to a po int located at th e southwest com er of th e Hatma Park property; th en running so uth erl y along th e c it y li mits line, and then we sterly along the city limits line to a point of intersecti on with th e Mayp01t Road right-o f-way; th en runnin g so uth erly along th e city limits li ne to a poin t wh ere the city limits lin e tums cast just south of th e Fairway Vill as PUD; #ten running east , then north al ong tfle eity limits liAe, being the seHtkern booodary of the Fleet Landiflg PUD and also the northern eot:~ndary of the Selva Maria a Cottntry Clt:~b go lf emuse property, to a J:)Oint located in tke sot:~thwest eomer of the Se•;iiJa Gardens eondomifliHFR property; then rnn:ffitg northeast to a point of interseetioR: 'Nith the western termiflus of the 8aR!nba Drive right of way; then nanning easterly along the city limits to a point of intersection with the southeastern corner of the Fairway VilJas PUD, being also the western boundary of the Atlantic Beach C ountry Club SPA; then running northerly along the western boundary of the Atlantic Beach Country C lub SPA to a point of intersection w ith the northeastern corner of the Fairway Villas PUD; then running southeasterly along the northern boundary of the Atlantic Beach Country Club SPA to a point of intersection with the southernmost cornet· of the Sevilla Gardens condominium propea·ty; then running northeasterly along the north side of the Selva Marina Unit 5 plat to a point of intersec tion with the western terminus of the Saturiba Drive right-of-way; th en • (c) AGENDA ITEM # 8E MARCH 14, 2016 running easterly a lo ng sa id Saturib a Dri ve right-of-way to a point of intersection with the Seminole Road tight-of-way; th en runnin g southerl y along the Seminole Road right-of-way to a point of intersection with the 17111 Street right-of-way; then ru nning eas terly a long t he 171h Street right-ot:.way to a po int of intersection with the Beach Avenu e ri ght -of-way; t hen running southerly along th e Beach Avenue right-of-way to a point of intersection with the 16111 Street rig ht -of-way; the n running eas ter ly along th e 16111 Street right-of-way an d the eastem extension th ereof, to a poi nt of intersection with the At lantic Ocean, being also the eastem c ity limits lin e; then runnin g no1therly a long the cit y limi ts lin e to the point of beginning. Seat 4. Dis tric t 1306 (formerly IJF) shall be as shown on the attached drawing entitl ed ''The City of At lantic Beach Voting Districts (20 I 0 CeAsus)", the boundaries of wh ic h are as fo ll ows: Beginnin g at a po int in the Ci ty of Atlantic Beach's eastem cit y li mits , being a point of intersection between the Atlan ti c Ocean and the eastern ex tension of the J I 111 Street ri ght-of-way~ then ru nni ng westerly along th e 11 1h Str eet right-of-way to a point of intersect ion w ith th e Beach Avenue right-of-way; then runnin g southerly along the Beach Avenue right-of-way to a po in t of in tersection with the 10111 Street right-of-way; the n ru1ming weste rl y along the 10111 Street right-of~way to a point of int ersecti on with the Ocean Boulevard right-of-way; then running so uth erl y alo ng the Ocean Bouleva rd ri ght-of-way to a point of intersection with th e Plaza light-ot:.way ; then nmnin g westerly along the Pl aza right-of-way to a point of in tersec ti on wit h the Sargo Road ri ght-o f-way; then running southerl y along th e Sa rgo Road right-of-way to a po int of inters ec ti on with the Cava ll a Road right-of-way; the n running easterly along the Cavalla Road ri ght-of-way to a point of intersect ion with the Roya l Pa lm s Drive ri ght- of-way ; then running so uth erl y along the Royal Palms Drive right-of-way to a point of intersection with the southern city lim it s, whi ch is a line parallel at right angles to , and s ixteen (16) feet north of the cente rlin e ofthc At la ntic Bou levard rig ht -of-way; then running easterl y along the so uth ern cit y limits lin e to a point of inte rsection with the (d ) AGENDA ITEM #8E MARCH 14,2016 Atlantic O cean , being the eastern city limits; then running n ortherly along the eastem city limits line to the point of beginning. Sear 5. District 1312 ~ lbnnerly 1381 s hall be as s h own on the attach ed drawing e n titled ''T h e C ity of Atlantic Beach Voting Di s tricts (201 0 Census)", the boundaries of w hic h arc as fo ll ows: Beginning at a point in the City of Atlantic Beach 's notthern c ity limits, being a point of intersection between the Dutton Is land Road right-of-way and the Main Street right- of-way; then running westerly a lon g the n orthern city limits line to a point of intersection w ith the Intracoastal Waterway Cana l right-of-way, being also th e wcs tem city limits line; then r unning southerly alon g the western city limits line to a point of inters ection with a line lying parallel at right a n g les to, and sixteen ( 16) feet north of the center line of the Atlantic Boulevard right-of-way, being al so the southem c ity limits line; then running easterl y a long said southern city limits line to a point of intersection with the Royal Palms right-of-way; then rurming northerly a lo ng the Royal Palms right-of-way to a point of intersection with the Cavalla Road right-of-way; then running weste r! y along th e Cavalla Road right-of-way to a point of i nterseetion with the Sargo Road ri ght-of-way; then rurming n orth erly along t h e Sargo Road ri ght-of- way to a point of intersection wjth the Plaza right-of-way; th en running wes terly along the Plaza right-of-way to a point of intersection wit h the Mayport Road tight-of-way; then running no1·therly a long lhe Mayport Road righl ~of-way to a point ofinterseetion w ith the Levy Road right-of-way; then running westerly a long the Levy Road right-of- way to a point of intersection with the Main Street right-of-way; then running northerly along the Main Street ri ght-of-way to the point of b eginning." Section 2 . Severability. lf any section, sentence, clause or phrase of this ordinance is held to be inva lid or unconstitutional by a n y court of competent jutisdiction, then said h o lding s hall in no way affect the val idity of th e remaining portions of thi s ordinance. AGENDA ITEM# 8E MARCH 14, 2016 Section 3. Direction to Staff. Following approval by the City Commission of the City of Atlantic Beach, Florida, staff is directed to forward a certified copy of the ordinance to the Duval County Supervisor of Elections. Section 4. Effective Date and Recording. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida. PASS ED with a quorum present and voting, by the City Commission of the City of Atlantic Beach, Florida, in regular session, on first reading this __ day of March 2016. PASSED AND DULY ADOPTED with a quorum present and voting, by the City Commission of the City of Atlantic Beach, Florida, in regular session, this __ day of March 2016. ATTEST: DONNA L. BARTLE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA MITCHELL E. REEVES Mayor City Clerk Approved as to form and correctness: RICHARD KOMANDO City Attorney AGENDA ITEM# 8E MARCH 14, 2016 Cit:J of :lltfantic 'B each VOTING DISTRICTS Di s trict Boun daries 2010 U.S . Census Block Population Distribution (Age 18+) plus ABCC Build-out Projection CJ 1306 (2 ,552 = 24.34%) CJ 1307 (2,560 = 24.42%) CJ 1308 (2 ,862 = 2 7 .30%) CJ 1312 (2,510 = 23.94%) ---=====---===:::=::~Mile s 0 0.25 Ci ty of Atl antic Beach Bui lding and Zo ning Departm en t 800 Se minol e Road, Atlantic Beach, FL 32233 904.2 47 .5800 www.coab.us 0.5 0.75 1 AGEN DA ITEM# 8E MAR C H 14, 2016 ~. Wwh s Created : 2/18/20 16 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA IT EM: Meeting Technology in the Co mm iss ion C hamber DATE: March 2, 20 16 SUBMITTED BY: Keith Randich j IT Director ~ AGENDA ITEM #Sit MARC fl14, 2016 BACKGROUND: Lengthy agendas, numerous s peakers, a variety of prioriti es, and th e need to get bo th ci tizen and Comm iss ion member input on an eclect ic lis t of topics often c ha ll e nges elected offic ia ls to keep meetin gs o n schedule and productive. IT staff was asked to propo se alternatives to the present in sta ll ati on th a t would help to keep presentations mad e in meetings on time. The proposal includes a request to speak system that wo uld all ow th e meeting chair to recog ni ze speakers in the order o f th eir request. Als o, we ar c proposing a cou nt-do wn timer that notifi es a speaker when the ir a ll otted time is nea ring the end . Staff (eels th at these devices h ave the capabi lity to improve the fl ow of mee tings by clalifyi ng the order o f the s peakers, as we ll as to enco urage them to wrap up th eir presentations as their rim e expires. Pricing Esti mates: Multiple Statio n Request to Speak System In stallation Count-dow n timer w ith warnin g capab ility In sta ll ation Total $7,400 800 1,000 200 $9,400 BUDGET: Funds could be ava il ab le for "Meetin g Technology in the Comm issio n Cham ber" fr·orn savings o n or hcr depa11mcnt projects. RECOMMENDATION: To cons id er the need for, and price of: the listed equ ipm ent and give staff di rect ion to go forward wit h the purchase an d insta ll ation of the equipmen t. ATTACHMENTS: Chairperson Contro l Panel.jpg, Countd own Timcr.jp g REVIEWED BY CITY MANAGER: _______ _ QUE120A15MC Product Chairperson Control Pane l Master, Vote AGENDA ITEM #SF MARCH 14, 2016 AGENDA I TEM# 8F MAR C H 14, 2016 BRG Precision Code Blue Timers au toma tically sw1tc h from an accurate rea l ti me display to a short dura~on up or down hme r The starting bme va lue in dawn time r apphcabons ca n be set up to 23 hours. 59 mmutes and 59 seconds by scrolling up or do ~o•n •,o.,th the standard presot/rese t but tons or an optJonal remote con trol Once the ttmer has reached irs endmg val ue the diSplay coo e11her automatically return to a real hme display or hold for up to several m1n utes before relummg to a real tlnle dtsplay AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMJSSlON MEETING STAFF REPORT 90-Day Ca lendar for the Mayo r and Commission AGENDA I TEM #9A MARCH 14,20 16 Yvonne Calverley, Executive Assistant to the City ManagerJc..--- February 17, 2016 (/ STRATEGIC PLAN LINK: None BACKGROUND: BUDGET: RECOMMENDATION: ATTACHMENT: CITY MANAGER: The 90-day calendar is includ ed on the agenda for the purpose of se ttin g meeting dates. determining the location , time and wh ether or not to videotape spec ial meetings and workshops if the Comm ission 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 fol' cons iderati on. None Approve th e 90-Day Calendar for March through May 20 16 I) Mayor and Commi ss ion 90-Day Calendar (March through May 2016) MAYOR AND COMMISSION March 2016 ~l':'\D.\Y .\IU:'\D \ Y 'I L'E:'D.\ Y \\'1 :n:--:r~n \ Y Tlll'R:-;D. \ Y I·IHD.\ \ ~.\Tl'R)) \Y 1 2 3 4 5 6 7 8 9 10 11 12 Oral Prese ntatio ns Songwri ters Concert & Fin al Se lectio n Du e Date for Wild Won ders 6-8 pm for City Atto rn ey 3/28 l pm Adele Grage 6 pm Age nda Items Dutton Is land 13 14 15 '16 17 18 19 Co mmi ssion Mtg Ne ighborhood Mtg 6:30pm TidcviC\\ Park lmprovcmenlS (lnvoc-Waters) lOam V id eotaped 280 Camclia St 20 21 22 23 24 25 26 Acoust ic Nights Due Date for Egg Hu nt 6-8 pm 4/11 10 am -I pm Bull Park Agenda Items Jordan Pa rk 27 28 29 30 31 Commiss ion Mtg 6:30 pm (ln voc-Reeves) Videotaped MAYOR AND COMMISSION April2016 SU~D.\Y ~10:-.:D.\ Y TL'F .. ·.;D.\ Y ,·n~Di'\I·:sn.w THL'R.SD:\ Y I:RJI),\ Y S.\Tl'RD.\ Y I 2 3 4 5 6 7 8 Newsletter Due 9 (Mayor) Due Date for Wild Wonders 4/25 lpm Agenda Items Dutton Island LO 1'1 12 13 14 15 16 Commission Mtg Songwriters Concert 6:30pm Shakespeare in Shakespeare in 6-8 pm (lnvoc-Stinson) the Park Spm the Park 8pm Adele Grnge Videotaped Johansen Park Johansen Park ,~ 18 19 20 21 22 23 Due Date for 5/9 Arts in the Park Agenda Items IOam-6 pm J ohnn::.en Park 24 25 26 27 28 29 30 Commission Mtg Acow.tic Nights 6:30pm 6-8 prn (lnvoc-Hill) 13ull Park Videotaped MAYOR AND COMMISSION May 2016 :'L':'\D.\Y .\10:'\ D .\ y TLT:-iD.\Y \'\·lm:-\J:SD.\Y T l JL 'RSD .\ Y I,.IUD.\Y S.\TL.RD .\ Y 1 2 3 4 5 6 7 Newsletter Due {1-favor) Due Date fo r Wild Wonders 5/23 I I am Agenda Items Dutton Island 8 9 10 11 12 13 14 Commi ss ion Mtg 6:30pm (lnv oc-Hardin g) Videotaped 15 16 17 18 19 20 21 Wild Wonders II am Songwriters' Concen Dutton Island 6-8 pm Adele Grage Oancin in rhe Streets II nm -9:30 pm 22 23 24 2 5 26 27 28 Commi ss ion Mtg Du e Date fo r 6:30 pm 6/13 (In voc -Wate rs) Agenda Ite ms Videotap e d 29 30 31 Memorial Day Acoustic Nights 6-8 pm City Offices Bull Park Closed