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1-9-17 Agenda Packet CITY OF ATLANTIC BEACH CITY COMMISSION MEETING JANUARY 9, 2017 - 6:30 PM AGENDA Invocation and pledge to the flag Call to order 1. Approval of minutes A. Approve minutes of the Commission Meeting on November 28, 2016. B. Approve minutes of the Commission Meeting on December 12, 2016. 2. Courtesy of Floor to Visitors A. Presentation of Checks for Contributions to Atlantic Beach Elementary, Beaches Council for Aging, Mayport Middle School, and Beaches Fine Arts. 3. Unfinished Business from Previous Meetings A. Review of Street Sweeping Activities within the City of Atlantic Beach. 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 Monthly Building Department Report and Financial Report for November 2016 and Major Public Works Projects Fiscal Year 2016-2017 Status Report as of 12/28/16. B. Approve purchase of the 2017 Mack GU813 truck with Galbreath Roll-off Hoist and Pioneer Tarper from Nextran Truck Centers in the amount of $149,464 ($167,964 less $18,500 for trade in) and Declare the City’s 2002 Mack unit D-9 truck as Surplus to allow it to be used as a trade in for the new vehicle. C. Authorize the Mayor to sign all required paperwork related to these JAG grants and to authorize Police staff to submit, sign and manage these grants on behalf of the mayor and the City. D. Authorize the Mayor to sign all required paperwork related to this grant and to authorize police staff to submit, sign, and manage this JAG grant on behalf of the Mayor and the City. 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 17-02 Consideration of Termination of the City Manager (Commissioner Stinson) (A proposed Resolution will be included in the amended agenda packet on Wednesday, January 4, 2017; however, supporting documents are included in this packet.) 7. Action on Ordinances A. Ordinance No. 90-17-226, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH CONSIDERING A 1 TEMPORARY MORATORIUM ON THE OPERATION OF MEDICAL MARIJUANA TREATMENT CENTERS AND MEDICAL MARIJUANA DISPENSING ORGANIZATIONS WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. B. Ordinance No. 95-17-113, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH CREATING A PILOT PROGRAM FOR PERMITTING BACKYARD HENS IN CERTAIN RESIDENTIAL DISTRICTS SUBJECT TO AN ANNUAL FEE OF $50; LIMITING THE NUMBER OF PERMITS ISSUED UNDER THE PILOT PROGRAM TO 50; PROVIDING FOR EVALUATION AND REPORTING OF THE PILOT PROGRAM TO THE CITY COMMISSION AFTER EIGHTEEN MONTHS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business (Discussion only) A. Proposed Program to provide additional contributions to the Police Defined Contribution Benefit Pension Plan. B. Report on Attendance at Meetings (Mayor Reeves) 9. City Manager Reports A. 90-Day Calendar (January 2017 through March 2017) 10. Reports and/or requests from City Commissioners and City Attorney A. Abandoned, Dismantled, Inoperable, Unlicensed or Expired Registration Vehicle Towing Ordinance. (Commissioner Stinson) B. Salary Administration Plan Revisions (Commissioner Stinson) Adjournment 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, January 6, 2017. 2 M I N U T E S R E G U L A R C I T Y C O M M I S S I O N M E E T I N G I t e m 1 A J a n u a r y 9 , 2 0 1 7 N o v e m b e r 2 8 , 2 0 1 6 C I T Y H A L L , 8 0 0 S E M I N O L E R O A D I N A T T E N D A N C E : M a y o r M i t c h e l l E . R e e v e s C i t y A t t o m e y B r e n n a D u r d e n M a y o r P r o T e r n J i m m y H i l l C i t y M a n a g e r N e l s o n V a n L i e r e C o m m i s s i o n e r M i t c h e l l R . H a r d i n g C i t y C l e r k D o n n a L . B a r t l e C o m m i s s i o n e r M . B l y t h e W a t e r s A B S E N T : C o m m i s s i o n e r J o h n S t i n s o n I n v o c a t i o n a n d p l e d g e t o t h e f l a g C o m m i s s i o n e r W a t e r s g a v e t h e I n v o c a t i o n , f o l l o w e d b y t h e P l e d g e o f A l l e g i a n c e t o t h e F l a g . C a l l t o O r d e r : M a y o r R e e v e s c a l l e d t h e m e e t i n g t o o r d e r a t 6 : 3 3 p . m . C i t y C l e r k B a r t l e c a l l e d t h e r o l l a n d M a y o r R e e v e s n o t e d t h a t a q u o r u m w a s p r e s e n t . 1 . A p p r o v a l o f m i n u t e s . A . A p p r o v e m i n u t e s o f t h e p u b l i c m e e t i n g o n N o v e m b e r 7 , 2 0 1 6 . B . A p p r o v e m i n u t e s o f t h e p u b l i c m e e t i n g o n N o v e m b e r 8 , 2 0 1 6 . M a y o r R e e v e s a s k e d i f t h e r e w e r e a n y c o r r e c t i o n s t o t h e a b o v e m i n u t e s . T h e r e w e r e n o c o r r e c t i o n s , s o M a y o r R e e v e s s t a t e d t h e m i n u t e s s t a n d a s s u b m i t t e d . C o u r t e s y o f t h e F l o o r t o V i s i t o r s M a y o r R e e v e s e x p l a i n e d t h e p r o c e s s f o r p u b l i c c o m m e n t s a n d o p e n e d t h e C o u r t e s y o f t h e F l o o r t o V i s i t o r s . C i t y C l e r k B a r t l e c a l l e d e a c h s p e a k e r t o t h e p o d i u m . D i a n e L a t t a - B r a n d s t a e t t e r , 2 5 4 O c e a n w a l k D r S . , c o m m e n t e d t h a t s h e s p o k e a t a T o w n H a l l M e e t i n g a f e w w e e k s a g o e x p r e s s i n g h e r c o n c e m s a b o u t f o x s i g h t i n g s i n h e r n e i g h b o r h o o d . S h e s t a t e d i t i s w o r s e t h a n t h a t , i t i s a c o y o t e p r o b l e m , n o t a f o x p r o b l e m , a n d t h e r e a r e c a t s t h a t h a v e g o n e m i s s i n g . S h e s a i d h u m a n s e r a d i c a t e d t h e r e d w o l f , s o t h e r e i s n o l o n g e r a p r e d a t o r f o r t h e c o y o t e , o t h e r t h a n m a n . S h e d i s c u s s e d u s i n g F l o r i d a W i l d l i f e t r a p p e r s w i t h e x p e r i e n c e i n t r a p p i n g . S h e s t a t e d s h e h a d s e v e r a l a r t i c l e s f o r t h e C o m m i s s i o n t o r e a d a n d s u b m i t t e d a h a n d o u t t o t h e C i t y C l e r k t o d i s t r i b u t e t o t h e C o m m i s s i o n . S h e i s v e r y c o n c e m e d a b o u t t h e s a f e t y o f h o u s e h o l d p e t s a n d c h i l d r e n a n d a s k e d t h e C o m m i s s i o n t o t h i n k v e r y h a r d a b o u t a s o l u t i o n . L a n e C a m p b e l l , 1 5 9 2 L i n k s i d e D r S . , r e q u e s t e d t h e C o m m i s s i o n c o n s i d e r a l l o w i n g d o g s o n t h e b e a c h b e f o r e s u n r i s e o r a f t e r s u n s e t o f f - l e a s h . B r i t t a n y N o r r i s , 1 1 8 3 V i o l e t S t . , s p o k e i n f a v o r o f a l l o w i n g c h i c k e n s , b u t h a s c o n c e m s a b o u t t h e f e e s , t h e a n n u a l r e n e w a l c o s t a n d t h e i n s p e c t i o n s . S h e s p o k e i n f a v o r o f a o n e t i m e f e e , l e s s g o v e m m e n t o v e r s i g h t a n d w o u l d l i k e t o s e e s o m e r e v i s i o n s m a d e . I t e m 1 A J a n u a r y 9 , 2 0 1 7 N o v e m b e r 2 8 , 2 0 1 6 R E G U L A R C O M M I S S I O N M E E T I N G P a g e 2 C h r i s J o r g e n s e n , 9 2 W . 3 ' · d S t . , t h a n k e d P u b l i c W o r k s a b o u t t h e n e w r o o f a t t h e T i d e v i e w s r e s t r o o m a r e a . H e s t a t e d w h e n t h e C R A r e p o r t i s a d d r e s s e d i t i s i m p m i a n t t o p u t t h i n g s i n c o n t e x t . H e e x p r e s s e d a d e s i r e t o h a v e s t r i n g e n t r e g u l a t i o n s f o r m e d i c a l m a r i j u a n a . H e s p o k e i n o p p o s i t i o n o f a l l o w i n g c h i c k e n c o o p s . D a v i d B e n n e t t , 1 8 8 7 B e a c h s i d e C t . , e x p r e s s e d c o n c e m s o v e r h o w w e s p e n d o u r d o l l a r s . H e s t a t e d w e a r e a s m a l l c i t y a n d h e a s k e d t h e C o m m i s s i o n e r s t o l o o k a t o u r p e n s i o n t o b e s u r e w e a r e f u n d e d p r o p e r l y a n d m a k e s u r e s a l a r i e s a r e c o m m e n s u r a t e w i t h o u r p o p u l a t i o n . N o o n e e l s e f r o m t h e a u d i e n c e s p o k e s o M a y o r R e e v e s c l o s e d t h e C o m i e s y o f t h e F l o o r t o V i s i t o r s . 3 . U n f i n i s h e d B u s i n e s s f r o m P r e v i o u s M e e t i n g s T h e r e w e r e n o i t e m s . M a y o r R e e v e s s t a t e d s i n c e t h e l a s t C o m m i s s i o n m e e t i n g h e a n d o t h e r s h a v e r e c e i v e d e m a i l s r e g a r d i n g m e d i c a l m a r i j u a n a . H e w a n t e d t o m a k e i t c l e a r t o t h e p u b l i c t h a t w h a t t h e v o t e r s p a s s e d w a s n o t r e c r e a t i o n a l u s e o f m a r i j u a n a . H e s t a t e d t h e y p a s s e d t h a t a d o c t o r h a s t o g i v e a p r e s c r i p t i o n , j u s t l i k e a d r u g s t o r e . H e w a n t e d t o c l e a r u p a n y m i s c o n c e p t i o n s t h e p u b l i c m a y h a v e . 4 . C o n s e n t A g e n d a A L L M A T T E R S L I S T E D U N D E R T H E C O N S E N T A G E N D A A R E C O N S I D E R E D T O B E R O U T I N E B Y T H E C I T Y C O M M I S S I O N A N D W I L L B E E N A C T E D B Y O N E M O T I O N I N T H E F O R M L I S T E D B E L O W . T H E R E W I L L B E N O S E P A R A T E D I S C U S S I O N O F T H E S E I T E M S . I F D I S C U S S I O N I S D E S I R E D , T H A T I T E M W I L L B E R E M O V E D F R O M T H E C O N S E N T A G E N D A A N D W I L L B E C O N S I D E R E D S E P A R A T E L Y . S U P P O R T I N G D O C U M E N T A T I O N A N D S T A F F R E C O M M E N D A T I O N S H A V E B E E N P R E V I O U S L Y S U B M I T T E D T O T H E C I T Y C O M M I S S I O N O N T H E S E I T E M S . A . A c k n o w l e d g e r e c e i p t o f t h e M a j o r P u b l i c W o r k s P r o j e c t s F i s c a l Y e a r 2 0 1 6 - 2 0 1 7 S t a t u s R e p m i a s o f N o v e m b e r 1 7 , 2 0 1 6 , B u i l d i n g D e p m i m e n t M o n t h l y A c t i v i t y R e p o r t f o r O c t o b e r 2 0 1 6 a n d R e c r e a t i o n P r o g r a m s S p e c i a l E v e n t s R e p o r t f o r O c t o b e r 2 0 1 6 . B . A w a r d t h e b i d t o S a w c r o s s , I n c . i n t h e a m o u n t o f $ 3 5 8 , 0 0 0 f o r C o n s t r u c t i o n o f t h e C h e m i c a l S t o r a g e a n d F e e d F a c i l i t y f o r P h o s p h o r u s R e m o v a l ( B i d N o . 1 5 1 6 - 1 2 ) . C i t y C l e r k B m i l e r e a d t h e c o n s e n t a g e n d a . M a y o r R e e v e s a s k e d i f a n y C o m m i s s i o n e r w a n t e d t o p u l l a n i t e m f r o m t h e C o n s e n t A g e n d a f o r d i s c u s s i o n . C o m m i s s i o n e r H i l l p u l l e d I t e m 4 B f o r d i s c u s s i o n , s t a t i n g h e w a n t e d a b r i e f r e p m i f r o m t h e C i t y M a n a g e r s o t h e p u b l i c u n d e r s t a n d s t h e h i g h c o s t o f t h e b i d . C i t y M a n a g e r N e l s o n V a n L i e r e s t a t e d t h i s c o m e s f r o m n e w r e g u l a t o r y F D E P r e g u l a t i o n s t o g e t m o r e p h o s p h m u s o u t o f o u r d i s c h m · g e . H e s t a t e d t h e e n g i n e e r , J . C o l l i n s & A s s o c i a t e s k n e w t h a t t h i s w a s h i g h , b u t t h e y w e r e o u r o n l y b i d d e r a n d w e a r e t r y i n g t o m e e t t h e r e g u l a t o r y r e q u i r e m e n t s , s o t h e y w o r k e d t o g e t t h e p r i c e d o w n a n o t h e r $ 3 0 , 0 0 0 . 0 0 d o l l a r s . H e s t a t e d t h i s i s a l s o t h e s a m e p r o j e c t t h a t w e g o t a g r a n t a w a r d f o r $ 6 2 , 7 0 0 . 0 0 t o h e l p o f f s e t t h e c o s t . M a y o r R e e v e s a s k e d t h e C i t y M a n a g e r t o e x p l a i n t o t h e C o m m i s s i o n w h y w e w o u l d o n l y g e t o n e b i d d e r w h e n i t s e e m s l i k e a p r e t t y s i m p l e b i d t o b u i l d a b l o c k b u i l d i n g . C i t y M a n a g e r V a n L i e r e e x p l a i n e d h e b e l i e v e s t h e y h a v e d e s i g n e d a w h o l e p r o c e s s t o r e m o v e p h o s p h o r u s . P u b l i c W o r k s D i r e c t o r D o n J a c o b o v i t z e x p l a i n e d i t i s t h e e c o n o m i e s o f s c a l e . H e s t a t e d a l l t h e c o n t r a c t o r s i n t h i s m · e a w h o w o u l d n m m a l l y b i d o n t h i s , b i d o n m u l t i - m i l l i o n d o l l a r c o n t r a c t s f o r t h e s a m e p r o c e s s . H e s t a t e d w e h a v e n o t f o u n d a n y o n e i n t h i s a r e a w h o d o e s s m a l l e r v o l u m e s l i k e w e h a v e . I t e m 1 A J a n u a r y 9 , 2 0 1 7 N o v e m b e r 2 8 , 2 0 1 6 R E G U L A R C O M M I S S I O N M E E T I N G P a g e 3 M o t i o n : A p p r o v e C o n s e n t A g e n d a I t e m A . M o v e d b y H i l l , S e c o n d e d b y W a t e r s V o t e s : A y e : 4 - H a r d i n g , H i l l , W a t e r s , R e e v e s N a y : 0 M O T I O N C A R R I E D M o t i o n : P a s s C o n s e n t A g e n d a I t e m B . M o v e d b y H i l l , S e c o n d e d b y W a t e r s V o t e s : A y e : 4 - H a r d i n g , H i l l , W a t e r s , R e e v e s N a y : 0 M O T I O N C A R R I E D 5 . C o m m i t t e e R e p o r t s T h e r e w e r e n o r e p m i s . 6 . A c t i o n o n R e s o l u t i o n s T h e r e w e r e n o r e s o l u t i o n s . 7 . A c t i o n o n O r d i n a n c e s T h e r e w e r e n o o r d i n a n c e s . 8 . M i s c e l l a n e o u s B u s i n e s s ( D i s c u s s i o n o n l y ) A . D r a f t o r d i n a n c e f o r P i l o t P r o g r a m f o r P e 1 m i t t i n g B a c k y a r d H e n s . P u b l i c W a r k s D i r e c t o r D r e w D e C a n d i s e x p l a i n e d t h e d e t a i l s a n d r e q u i r e m e n t s o f t h e p r o p o s e d O r d i n a n c e , s t a t i n g t h i s i s a c o m m o n p r a c t i c e i n m a n y c i t i e s . H e s t a t e d i t i s a p i l o t p r o g r a m f o r e i g h t e e n m o n t h s b e f o r e f i n a l a p p r o v a l . H e d e s c r i b e d t h e r e q u i r e m e n t s f o r t h e c h i c k e n c o o p s a n d d i s c u s s e d t h e f e e s f o r a n e w p e 1 m i t a n d t h e i n s p e c t i o n s i n v o l v e d . C o m m i s s i o n e r W a t e r s s t a t e d u r b a n c h i c k e n k e e p i n g h a s b e c o m e m o r e p o p u l a r s i m p l y b e c a u s e t h e r e i s a d e s i r e t o c m m e c t c h i l d r e n a n d f a m i l i e s w i t h t h e i r f o o d s o u r c e . S h e s p o k e f a v o r a b l y i n t e r m s o f t h e a n i m a l s d i s p o s i t i o n a n d m i n i m a l d i s e a s e . C o m m i s s i o n e r H i l l d i s c u s s e d c h a n g i n g t h e s h i e l d i n g p o r t i o n o f t h e b l i n d s , d u e t o m o s q u i t o p r o b l e m s . H e c o m m e n t e d o n t h e $ 5 0 . 0 0 f e e f o r t h e i n s p e c t i o n , s u g g e s t i n g c o n s i d e r i n g i t a n i n s p e c t i o n d e p o s i t t h a t m a y b e r e t u r n e d i f t h e y p a s s t h e i n s p e c t i o n . C o m m i s s i o n e r H a r d i n g s u p p o r t e d t h e i n i t i a l p e r m i t f e e , b u t d i d n o t f e e l t h e y s h o u l d i m p o s e a r e i n s p e c t i o n u n l e s s i t i s c o m p l a i n t d r i v e n . H e e x p r e s s e d c o n c e r n s i f a H O A c o u l d o v e r r i d e t h e a p p r o v a l o f t h e C i t y p e r m i t a n d f e l t t h i s i s o n e o f t h e t h i n g s t h e y s h o u l d l o o k a t . M a y o r R e e v e s s p o k e i n s u p p m i o f t h e O r d i n a n c e a n d H O A a p p r o v a l s p r i o r t o t h e C i t y i s s u i n g a p e r m i t . M a y o r R e e v e s a s k e d M r . D e C a n d i s i f i t w a s c o r r e c t t h a t a n y H O A w o u l d h a v e t o s i g n o f f b e f o r e t h e C i t y a p p r o v e s t h e p e r m i t , a n d M r . D e C a n d i s s t a t e d y e s . M a y o r R e e v e s s t a t e d t h e A t l a n t a C D C w a r n s a g a i n s t I t e m 1 A J a n u a r y 9 , 2 0 1 7 N o v e m b e r 2 8 , 2 0 1 6 R E G U L A R C O M M I S S I O N M E E T I N G P a g e 4 · k i s s i n g c h i c k e n s . M r . D e C a n d i s s t a t e d i f t h e r e i s a p u b l i c h e a l t h e m e r g e n c y d e c l a r e d b y t h e C o u n t y H e a l t h D e p a r t m e n t , t h e y c a n r e q u i r e t h a t t h e c h i c k e n s a l l b e r e m o v e d i m m e d i a t e l y a n d d e s t r o y e d . M a y o r R e e v e s w a n t e d t o m a l c e s u r e w e h a v e s o m e p r o v i s i o n f o r t h o s e w a n t i n g t o g e t r i d o f t h e i r c h i c k e n s . C o m m i s s i o n e r W a t e r s s t a t e d S t a n d a r d F e e d h a s a n o n g o i n g p r o g r a m t h a t w i l l t a k e u n w a n t e d c h i c k e n s a t a l l t i m e s . C o m m i s s i o n e r H i l l r e q u e s t e d t h e y b e c a r e f u l w i t h t h e p e 1 m i t t i n g p r o c e s s . H e w o u l d l i k e t o m a k e s u r e t h e y c l e a n u p t h e l a n g u a g e o f t h e p e r m i t t i n g p r o c e s s t o b e s u r e a n y s t r u c t u r e b e i n g b u i l t i s o k a y f o r c h i c k e n s . H e s t r e s s e d t h a t h e w a n t e d t h i s t o b e a r i g h t f o r a c i t i z e n t o h a v e , s i m i l a r t o a n y o t h e r r i g h t s a c i t i z e n h a s . H e f e e l s o t h e r w i s e i t w i l l b e t o o e a s y t o b e a t a r g e t p o i n t f o r n e i g h b o r d i s p u t e s . C o m m i s s i o n e r W a t e r s a d d r e s s e d C o m m i s s i o n e r H i l l a b o u t t h e r e q u i r e m e n t f o r s c r e e n i n g , s t a t i n g i t w a s s o t h e c o o p w o u l d n o t b e v i s i b l e f r o m a n e i g h b o r ' s y a r d . S h e s t a t e d s h e c h a n g e d t h e l a n g u a g e b e c a u s e a l o t o f p l a c e s w a n t e d f e n c e s o r s c r e e n i n g a n d s h e w a n t e d p l a n t s o r e v e r g r e e n s c r e e n i n g t o b e a n o p t i o n . S h e a s k e d i f h e f e l t t h e p o s s i b i l i t y o f s c r e e n i n g w i t h e v e r g r e e n s a n s w e r s h i s q u e s t i o n s r e g a r d i n g m o s q u i t o c o n t r o l . C o m m i s s i o n e r H i l l s t a t e d h e b e l i e v e s i t w o u l d s e r v e t h e o v e r a l l p u r p o s e b e t t e r i f w e l e t t h e m s c r e e n a p o r t i o n o f i t a n d n o t t o s c r e e n t h e e n t i r e a r e a . M o t i o n : M o v e t h e d r a f t O r d i n a n c e t o t h e n e x t m e e t i n g f o r a 1 s t r e a d i n g . M o v e d b y W a t e r s , S e c o n d e d b y H i l l T h e r e w a s n o f u r t h e r d i s c u s s i o n . V o t e s : A y e : 4 - H i l l , S t i n s o n , W a t e r s , R e e v e s N a y : 0 M O T I O N C A R R I E D B . A g e n d a s / C o m m i s s i o n M e e t i n g s ( M a y o r R e e v e s ) M a y o r R e e v e s e x p l a i n e d h e p u l l e d t h i s i t e m a t t h e p r i o r m e e t i n g t o d i s c u s s h o w w e c a n s t r e a m l i n e t h e m e e t i n g s a n d b e b e t t e r p r e p a r e d t o r u n t h e m e e t i n g s m o r e e f f i c i e n t l y a n d n o t a s l e n g t h y t i m e w i s e . H e s t a t e d p e o p l e g e t t i r e d a n d b r e v i t y m a y b e h e l p f u l t o s t a y i n g c l e a r h e a d e d a n d m a k i n g t h e b e s t d e c i s i o n s f o r o u r c i t y . H e g a v e a n e x a m p l e o f c o u r t e s y o f t h e f l o o r , a s k i n g i f i t m i g h t b e a g o o d i d e a t o a d d s o m e t i m e f o r t h e c o m m i s s i o n e r s t o r e s p o n d t o t h e c i t i z e n s . C o m m i s s i o n e r H i l l s t a t e d t h i s i s s u e h a s b e e n a d d r e s s e d i n t h e p a s t a n d h e s u p p o r t s a n y e f f o r t s a n d i d e a s . H e s t a t e d h i s r e c o m m e n d a t i o n w o u l d b e , i f w e t r y a n y c h a n g e s , w e d o t h e m f o r t h r e e m e e t i n g s a n d w e s u n s e t t h e m a n d t h e n t a k e o f f i c i a l a c t i o n o n i t i f i t i s a p o s i t i v e c h a n g e . C o m m i s s i o n e r W a t e r s s t a t e d s h e s u p p o r t s a n y e f f o r t s t o s t r e a m l i n e t h e m e e t i n g s a n d c o n c u n e d w i t h C o m m i s s i o n e r H i l l t o s e e i f t h e c h a n g e s w o r k , t h e n w e a d o p t t h e m . C o m m i s s i o n e r H a r d i n g s p o k e i n s u p p o r t o f s t r e a m l i n g t h e m e e t i n g s , b u t i f a d d i t i o n a l w o r k s h o p s o r r o u n d t a b l e m e e t i n g s a r e a d d e d , h e w o u l d l i k e t o s e e t h e m m a d e i n c o n j u n c t i o n w i t h t h e C o m m i s s i o n m e e t i n g s . H e s t a t e d h e u n d e r s t o o d t h e i d e a i s t o s t r e a m l i n e a n d s h o r t e n t h e C o m m i s s i o n m e e t i n g s , b u t h e d o e s n o t w a n t t o a d d m o r e S a t u r d a y m e e t i n g s f o r t h e s t a f f o r o t h e r s , d u e t o o t h e r o b l i g a t i o n s a n d t i m e c o n s t r a i n t s t h a t a f f e c t s e v e r y o n e . I t e m 1 A J a n u a r y 9 , 2 0 1 7 N o v e m b e r 2 8 , 2 0 1 6 R E G U L A R C O M M I S S I O N M E E T I N G P a g e 5 M a y o r R e e v e s t h a n k e d t h e C o m m i s s i o n f o r t h e i r c o m m e n t s a n d s u g g e s t e d t h e y s h a r e t h e i r c o m m e n t s w i t h t h e C i t y M a n a g e r o r t h e C i t y C l e r k a n d p u t i t b a c k o n t h e a g e n d a u n d e r d i s c u s s i o n . H e s t a t e d o n e o f t h e t h i n g s w e s e e m t o d o i s u n f i n i s h e d b u s i n e s s f r o m t h e p r e v i o u s m e e t i n g . H e f e l t a g r e a t s u g g e s t i o n f o r t h e C i t y M a n a g e r w o u l d b e f o r h i m t o u p d a t e u s o n t h e p r o j e c t s w e j u s t h a d a m e e t i n g a b o u t a n d t h e t h i n g s w e h a v e a s k e d h i m t o d o . H e s u g g e s t e d i t m a y b e a g o o d i d e a f o r t h e C i t y M a n a g e r t o b r i e f a l l o f u s a t t h e s a m e t i m e i n a p u b l i c a t m o s p h e r e a b o u t w h a t w e a r e g o i n g t o t a l k a b o u t , s u c h a s r i g h t b e f o r e t h e m e e t i n g s o w e a r e b e t t e r p r e p a r e d . C o m m i s s i o n e r H i l l s t a t e d t h e c o n c e p t o f a g r o u p b r i e f i n g b y t h e C i t y M a n a g e r c o n c e r n s h i m . H e s t a t e d i t g i v e s a n o p p o r t u n i t y f o r a h e a d n o d o r a n a g r e e m e n t t h a t w o u l d b e o u t s i d e t h e s c o p e o f t h e g e n e r a l p u b l i c t o h a v e t h e i r s a y . H e s t a t e d h e i s n o t a f a n o f t h a t c o n c e p t . M a y o r R e e v e s s t a t e d h e u n d e r s t a n d s h o w C o m m i s s i o n e r H i l l f e e l s , b u t i n t h a t c o n c e p t , t h e C i t y M a n a g e r c o u l d s u b c o n s c i o u s l y d o t h a t w i t h u s n o w . H e s a i d t h e C i t y M a n a g e r , i n h i s o w n m i n d , c o u l d b e d e c i d i n g w h o i s f o r a n d w h o i s a g a i n s t a n d i f h e i s b r i n g i n g i t ; s o t h i s w a y i t w o u l d b e o u t i n t h e p u b l i c . C o m m i s s i o n e r H i l l s t a t e d h e w a s n o t w o n i e d a s m u c h w i t h t h e C i t y M a n a g e r r e a d i n g t h e h e a d n o d s , a s t h e o p p m i u n i t y f o r C o m m i s s i o n e r s t o p a s s t h e h e a d n o d o r s o m e o t h e r v e r s i o n o f a f o r m o f c o m m u n i c a t i o n o r c o n s e n t w h e n t h i s f o n n a t i s j u s t a b e t t e r f m m a t f o r t h a t . H e e x p l a i n e d h e j u s t w a n t s t o k e e p i t i n t h e S u n s h i n e . C i t y A t t o r n e y D u r d e n a s s u r e d e v e r y o n e t h a t a n y m e e t i n g l i k e t h e y h a v e b e e n d i s c u s s i n g w o u l d b e i n t h e S u n s h i n e a n d t h e p u b l i c w o u l d b e a l l o w e d t o a t t e n d . T h e c o n s e n s u s w a s t o p u t i t o n t h e a g e n d a f o r t h e n e x t m e e t i n g w h e n a l l t h e C o m m i s s i o n e r s a r e i n a t t e n d a n c e a n d i f s o m e o n e i s o u t , w e w i l l m o v e i t t o t h e n e x t a g e n d a . 9 . C i t y M a n a g e r A . 9 0 - D a y C a l e n d a r ( D e c e m b e r 2 0 1 6 t h r o u g h F e b r u a r y 2 0 1 7 ) C i t y M a n a g e r V a n L i e r e r e f e n e d t o t h e 9 0 - D a y c a l e n d a r a n d a d v i s e d w e w i l l h a v e a T o w n H a l l m e e t i n g o n J a n u a r y 2 1 , 2 0 1 7 , a n d t h e T r e e L i g h t i n g c e r e m o n y o n S a t u r d a y , D e c e m b e r 3 , 2 0 1 7 f r o m 3 t o 8 p m . T i m m y J o h n s o n h a s b e e n w o r k i n g w i t h t h e h i s t o r i c a l g r o u p t o h a v e p h o t o s f o r o u r 9 0 t h y e a r c e l e b r a t i o n a t A d e l e G r a g e f o r t h e m o n t h o f D e c e m b e r . C i t y M a n a g e r V a n L i e r e r e p o r t e d o n t h e f o l l o w i n g t o p i c s : • T h e D u t t o n I s l a n d R o a d p r o j e c t i s s u b s t a n t i a l l y d o n e a n d i s b e i n g w r a p p e d u p . • A d v i s e d t h a t t h e o u t f a l l f o r o u r u t i l i t y s y s t e m l o c a t e d o n t h e l e f t w h e r e t h e j e t t i e s a r e a s y o u d r i v e i n t o M a y p o r t V i l l a g e , i s u n d e r w a y . T h e y a r e f u s i n g p i p e t o g e t h e r w h e r e t h e A t l a n t i c B e a c h , N e p t u n e B e a c h a n d J a c k s o n v i l l e B e a c h s e w e r o u t f l o w g o e s o u t t o t h e r i v e r . • F r a n c i s S t r e e t i s w r a p p i n g u p a n d g o i n g w e l l . • T h e g u y s d o i n g t h e t r e e s u r v e y w i l l b e t h e r e f o r a n o t h e r w e e k o r t w o w o r k i n g o n t h e t r e e s i n o u r r i g h t s - o f - w a y a n d o u r p a r k s . • P o s t e d t h e b u d g e t b o o k o n t h e C i t y ' s w e b s i t e , b u t i f a n y C o m m i s s i o n e r w a n t s a h a r d c o p y , l e t h i m k n o w a n d h e w i l l p r o v i d e o n e . M a y o r R e e v e s r e q u e s t e d a h a r d c o p y . • G a v e a n u p d a t e o n d r e d g i n g , d u n e r e s t o r a t i o n a n d p r o t e c t i o n o f s e a o a t s . I t e m 1 A J a n u a r y 9 , 2 0 1 7 N o v e m b e r 2 8 , 2 0 1 6 R E G U L A R C O M M I S S I O N M E E T I N G P a g e 6 1 0 . R e p o r t s a n d / o r r e q u e s t s f r o m C i t y C o m m i s s i o n e r s a n d C i t y A t t o r n e y C o m m i s s i o n e r H a r d i n g • H o p e d e v e r y o n e h a d a g r e a t T h a n k s g i v i n g w i t h t h e i r f a m i l y a n d h e i s v e r y t h a n k f u l f o r l i v i n g a n d w o r k i n g i n A B . C o m m i s s i o n e r W a t e r s • E x p r e s s e d g r a t i t u d e f o r h e r l i f e a t h o m e , w i t h t h e C i t y a n d w i t h o u r n e i g h b o r s . C o m m i s s i o n e r H i l l • A p o l o g i z e d f o r n o t b e i n g a b l e t o s t a r t h i s f i r s t 5 K b e c a u s e h e w a s s i c k o n T h a n k s g i v i n g D a y . • R e m a r k e d o n t h e C R A , s t a t i n g h e h o p e s r e p r e s e n t a t i v e s w i l l k e e p a n e u t r a l t o n e . • W i l l a t t e n d a r e a s c h o o l r e p o r t h o s t e d b y S c o t t S h i n e . • B e l i e v e s t h e y s p e n d p u b l i c m o n e y r e s p o n s i b l y a n d w e l c o m e s p u b l i c f e e d b a c k a n d c o n c e r n s . C i t y A t t o r n e y D u r d e n • U p d a t e o n G a t e l i t i g a t i o n : R e c e i v e d a V o l u n t a r i l y D i s m i s s a l l a s t w e e k f r o m A d e e b a n d B e a c h D i n e r o n t h e c o m p l a i n t c a s e , w h i c h j u s t l e a v e s t h e P e t i t i o n f o r W r i t c a s e w h i c h i s o n l y o n t h e r e c o r d t h a t t h i s C o m m i s s i o n c r e a t e d w i t h o u r 1 4 - h o u r h e a r i n g . A l l o f t h e p a r t i e s w e r e p l e a s a n t l y s u r p r i s e d . • S p o k e a b o u t t h e F l o r i d a L e a g u e o f C i t i e s t r a i n i n g v i d e o f o r a p p o i n t e d B o a r d a n d C o m m i t t e e m e m b e r s a n d e l e c t e d o f f i c i a l s . L o o k i n g i n t o d a t e s t o h o l d t h e t r a i n i n g a n d w i l l p r o b a b l y s t a r t i n t h e l a t e a f t e r n o o n a n d l a s t a b o u t 4 h o u r s . • A s k e d f o r s o m e d i r e c t i o n o r a c o n s e n s u s o n w h e t h e r t h e y w a n t t h e d r a f t o f t h e t e m p o r a r y m o r a t o r i u m f o r m e d i c a l c a n n a b i s d i s p e n s i n g f a c i l i t i e s t o g o t o t h e C o m m u n i t y D e v e l o p m e n t B o a r d f o r a r e c o m m e n d a t i o n , o r j u s t g o t o t h e C i t y C o m m i s s i o n . M a y o r R e e v e s a s k e d h o w t h e o t h e r c o m m i s s i o n e r s f e l t i n r e g a r d s t o h a v i n g i t g o t o t h e C o m m i s s i o n o r C o m m u n i t y D e v e l o p m e n t B o a r d . A f t e r a b r i e f d i s c u s s i o n , t h e c o n s e n s u s w a s t o h a v e i t h a n d l e d t h r o u g h t h e C o m m i s s i o n a n d n o t g o t o t h e C o m m u n i t y D e v e l o p m e n t B o a r d . M a y o r R e e v e s • R e p o r t e d e v e n t s t a k i n g p l a c e i n D e c e m b e r t o c e l e b r a t e o u r 9 0 t h y e a r a n d e n c o u r a g e d e v e r y o n e t o a t t e n d t h e e v e n t s . • W i l l a t t e n d t h e N E F l o r i d a L e a g u e o f C i t i e s D i n n e r M e e t i n g i n L a k e B u t l e r o n D e c e m b e r 1 s t . • W i l l b e a t t h e G o v e r n o r ' s L e a d e r s h i p D i n n e r i n T a l l a h a s s e e o n D e c e m b e r 5 t h . • W i l l s p e a k a t t h e F l o r i d a L e a g u e o f M a y o r s i n O r l a n d o o n D e c e m b e r 7 t h . • R e p o r t e d C o m m i s s i o n e r H i l l w i l l a t t e n d t h e p u b l i c m e e t i n g a t F l e t c h e r H i g h S c h o o l o n D e c e m b e r g t h . H e u r g e d a n y o n e t h a t h a s c o n c e r n s a b o u t t h e p u b l i c s c h o o l s t o a t t e n d t h e m e e t i n g . • R e p o r t e d t h e d r e d g i n g w i l l s t o p a t 4 t h S t r e e t v e r y s o o n a n d r e t u r n i n t h e S p r i n g . • H e l d t h e i r 1 s t b r e a k f a s t m e e t i n g t o d a y w i t h M a y o r E l e c t B r o w n o f N e p t u n e B e a c h , M a y o r L a t h a m , C o u n c i l m a n G u l l i f o r d , a n d H o u s e R e p r e s e n t a t i v e C o r d B y r d a n d e x c h a n g e d i d e a s o f h o w T a l l a h a s s e e a n d t h e C i t y o f J a c k s o n v i l l e c o u l d h e l p t h e B e a c h e s . • M i s s e d t h e r a c e a n d t h e T h a n k s g i v i n g D a y e v e n t a t P e t e ' s s i n c e h e w a s o u t o f t o w n . • T h a n k e d C h i e f V i c G u a l i l l o f o r h i s h e l p w i t h t h e T h a n k s g i v i n g p r o j e c t a n d a s k e d h i m t o e x p l a i n i t . C h i e f G u a l i l l o e x p l a i n e d t h e p r o g r a m w h i c h p r o v i d e s T h a n k s g i v i n g m e a l s t o s o m e o f t h e u n d e r p r i v i l e g e d i n o u r c o m m u n i t y . A t l a n t i c B e a c h C o u n t r y C l u b , P u b l i x , T r a d e r J o e ' s a n d B E A M h e l p e d i n t h e e f f o r t . T w e l v e h o t m e a l s w e r e p r o v i d e d a n d t h e y h o p e t o c o n t i n u e t h i s p r o g r a m . I t e m 1 A J a n u a r y 9 , 2 0 1 7 N o v e m b e r 2 8 , 2 0 1 6 R E G U L A R C O M M I S S I O N M E E T I N G P a g e 7 • R e p m i e d b e i n g a p p r o a c h e d b y a g r o u p i n t e r e s t e d i n h a v i n g a F r i d a y n i g h t F a r m e r ' s M a r k e t i n t h e M a y p o r t a r e a . T h e y w a n t t o h a v e e d u c a t i o n f o r c h i l d r e n a b o u t h o w t o g r o w f o o d a n d m a k e g o o d f o o d c h o i c e s . H e a s k e d t h e C i t y M a n a g e r t o s e n d t h e p r e s e n t a t i o n o u t t o t h e C o m m i s s i o n e r s . • R e p o r t e d o n e f f o r t s t o p u t a n e i g h b o r h o o d g r o c e r y s t o r e o n M a y p m i R o a d t o h e l p b u i l d t h e c o m m u n i t y . • S p o k e a b o u t t h e C R A a n d s u g g e s t e d t h a t p e o p l e s p e a k w i t h P l a n n e r D e r e k R e e v e s i f t h e y n e e d i n f m m a t i o n . A d j o u r n m e n t T h e r e b e i n g n o f m i h e r d i s c u s s i o n , M a y o r R e e v e s d e c l a r e d t h e m e e t i n g a d j o u r n e d a t 7 : 5 8 p . m . M i t c h e l l E . R e e v e s M a y o r / P r e s i d i n g O f f i c e r A T T E S T : D o n n a L . B a r t l e , C M C C i t y C l e r k I t e m 1 B J a n u a r y 9 , 2 0 1 7 M I N U T E S R E G U L A R C I T Y C O M M I S S I O N M E E T I N G D e c e m b e r 1 2 , 2 0 1 6 C I T Y H A L L , 8 0 0 S E M I N O L E R O A D I N A T T E N D A N C E : M a y o r M i t c h e l l E . R e e v e s C i t y A t t o r n e y B r e n n a D u r d e n M a y o r P r o T e r n J o h n S t i n s o n C i t y M a n a g e r N e l s o n V a n L i e r e C o m m i s s i o n e r J i m m y H i l l C i t y C l e r k D o n n a L . B a r t l e C o m m i s s i o n e r M . B l y t h e W a t e r s A B S E N T : C o m m i s s i o n e r H a r d i n g I n v o c a t i o n a n d p l e d g e t o t h e f l a g C o m m i s s i o n e r H i l l g a v e t h e I n v o c a t i o n , f o l l o w e d b y t h e P l e d g e o f A l l e g i a n c e t o t h e F l a g . C a l l t o O r d e r : M a y o r R e e v e s c a l l e d t h e m e e t i n g t o o r d e r a t 6 : 3 0 p . m . C i t y C l e r k B a r t l e c a l l e d t h e r o l l a n d M a y o r R e e v e s n o t e d t h a t a q u o r u m w a s p r e s e n t . 1 . A . A p p r o v e m i n u t e s o f t h e C o m m i s s i o n m e e t i n g o n O c t o b e r 1 0 , 2 0 1 6 . B . A p p r o v e m i n u t e s o f t h e R o u n d t a b l e M e e t i n g o n N o v e m b e r 1 0 , 2 0 1 6 . c . A p p r o v e m i n u t e s o f t h e C o m m i s s i o n M e e t i n g o n N o v e m b e r 1 4 , 2 0 1 6 . M a y o r R e e v e s a s k e d i f t h e r e w e r e a n y c o r r e c t i o n s t o t h e a b o v e m i n u t e s . T h e r e w e r e n o c o r r e c t i o n s , s o M a y o r R e e v e s s t a t e d t h e m i n u t e s s t a n d a s s u b m i t t e d . 2 . C o u r t e s y o f t h e F l o o r t o V i s i t o r s M a y o r R e e v e s e x p l a i n e d t h e p r o c e s s f o r p u b l i c c o m m e n t s a n d e x p l a i n e d t h a t h e i s p u l l i n g I t e m 8 D f r o m t h e a g e n d a s i n c e C o m m i s s i o n e r H a r d i n g i s n o t h e r e t o j o i n i n o n t h e d i s c u s s i o n . H e o p e n e d t h e C o u r t e s y o f t h e F l o o r t o V i s i t o r s . C i t y C l e r k B a r t l e c a l l e d e a c h s p e a k e r t o t h e p o d i u m . D a l e W a p p e s , 1 8 8 5 B e a c h A v e , t h a n k e d t h e C o m m i s s i o n f o r t h e i r h a r d w o r k . H e s p o k e a b o u t r e i n s t a l l a t i o n o f s p e e d b u m p s o n B e a c h A v e n u e b e t w e e n 1 8 t h a n d 1 9 t h S t r e e t s . H e e x p l a i n e d w h y h e s t r o n g l y o p p o s e d t h e w a s h b o a r d t y p e s t y l e o f s p e e d b u m p s a n d r e q u e s t e d t h a t , i f s p e e d b u m p s a r e n e c e s s a r y , t h e y u s e t h e s i m p l e s p e e d b u m p s l i k e t h e o n e s a t N a v a l S t a t i o n M a y p o r t . H e a l s o s p o k e a b o u t t h e n e e d f o r i n t e r i m r e p a i r s o n t h e d u n e s b e f o r e t h e r e n o u r i s h m e n t p r o j e c t r e t u r n s . H e w i s h e d e v e r y o n e a b l e s s e d C h r i s t m a s s e a s o n . C h r i s J o r g e n s e n , 9 2 W . 3 r d S t . , s p o k e i n f a v o r o f t h e C i t y M a n a g e r r e v i e w i n g o l d a n d n e w u n f i n i s h e d b u s i n e s s ; i t w o u l d b e h e l p f u l t o k e e p t r a c k o f p r o j e c t s , e t c . H e w a s g l a d t o h e a r t h a t A d e l e G r a g e h a s W i F I . H e s p o k e a b o u t F E M A a n d r e q u e s t e d a n u p d a t e o n t h e p r o g r e s s i n t h e C i t y . H e w a s h a p p y t o h e a r t h a t C i t y H a l l w i l l g e t t h e o l d P o l i c e g e n e r a t o r . H e t h a n k e d P u b l i c W a r k s f o r c l e a n i n g o u t h i s n e i g h b o r s d i t c h t o p r e v e n t f l o o d i n g . H e s p o k e i n o p p o s i t i o n o f h e n s i n A t l a n t i c B e a c h . H e s p o k e i n o p p o s i t i o n o f t h e C R A a n d r e p o r t e d o n a n e v e n t h e a t t e n d e d a t M a y p o r t M i d d l e S c h o o l w h e r e t h e t o p i c w a s m e n t i o n e d . G e n o r a C r a i n - O r t h , 2 9 2 2 F o r b e s S t r e e t , J a c k s o n v i l l e F L , s p o k e i n f a v o r o f a l l o w i n g b a c k y a r d h e n s , r e p o r t i n g t h a t t h e r e a r e 4 7 0 J a c k s o n v i l l e c i t i z e n s l e g a l l y p e 1 m i t t e d t o k e e p c h i c k e n s a n d a s o f M a r c h 2 0 1 6 , I t e m 1 B J a n u a r y 9 , 2 0 1 7 D e c e m b e r 1 2 , 2 0 1 6 R E G U L A R C O M M I S S I O N M E E T I N G P a g e 2 t h e r e w a s o n l y o n e p e r s o n s i n c e 2 0 1 3 t h a t w a s c a u g h t d o i n g s o m e t h i n g a g a i n s t t h e o r d i n a n c e . S h e r e p o r t e d h e r e x p e r i e n c e w i t h o w n i n g c h i c k e n s , n o t i n g s h e h a s a s m a l l y a r d a n d h e r n e i g h b o r s d o n o t e v e n k n o w s h e h a s c h i c k e n s . S h e u r g e d t h e C o m m i s s i o n t o a l l o w c h i c k e n s . J o h n M a s o n , 1 8 9 6 B e a c h A v e . , s p o k e i n o p p o s i t i o n o f r e i n s t a l l i n g s p e e d b u m p s , d e s c r i b i n g h o w t h e s p e e d b u m p s d i v e r t t h e w a t e r i n t o t h e y a r d s a n d o t h e r d i s a d v a n t a g e s . H e a s k e d t h e C i t y t o c o n s i d e r s o m e o t h e r a l t e r n a t i v e s , s u c h a s a r a d a r s p e e d s i g n . H e w i s h e d e v e r y o n e a g o o d C h r i s t m a s s e a s o n . S t e p h e n F o u r a k e r , 3 8 7 6 t h S t . , s p o k e i n f a v o r o f b a c k y a r d h e n s , b u t w a n t s i t t o b e d o n e r i g h t . H e u r g e d c i t i z e n s t o g e t o n F a c e b o o k a n d e x p r e s s i d e a s t o . c i t y o f f i c i a l s . B r i t t a n y N o r r i s , 1 1 8 3 V i o l e t S t . , w a n t e d c l a r i f i c a t i o n o f t h e f e e s t h e C i t y w o u l d b e i m p o s i n g r e g a r d i n g t h e c h i c k e n o r d i n a n c e a n d r e q u e s t e d l o w e r i n g t h e f e e . S h e p o i n t e d o u t o t h e r l a n g u a g e i n t h e o r d i n a n c e t h a t n e e d s c l a r i f i c a t i o n a n d r e v i s i o n s . S h e s p o k e i n f a v o r o f b a c k y a r d h e n s . M a r k T i n g e n , 1 1 9 8 S a n d p i p e r L n . , E . , w i s h e d e v e r y o n e a M e r r y C h r i s t m a s . H e s p o k e i n o p p o s i t i o n o f b a c k y a r d h e n s . H e a l s o s p o k e a b o u t b e i n g a v o l u n t e e r c r o s s i n g g u a r d a n d p e o p l e n o t o b e y i n g t h e s p e e d l i m i t m a k i n g i t u n s a f e f o r c h i l d r e n . H e a s k e d t h a t t h i s i s s u e b e a d d r e s s e d b e f o r e c o n s i d e r i n g t h e s i d e w a l k s . F o r m e r M a y o r , M i k e B o r n o , 2 2 3 O c e a n f o r e s t D r . N . , b r o u g h t a w o o d e n p i g w i t h h i m t o t h e p o d i u m a n d s p o k e i n o p p o s i t i o n o f b a c k y a r d h e n s n o t i n g t h e z o n i n g i s R e s i d e n t i a l a n d c h a n g e s w o u l d n e e d t o b e m a d e t o t h e C o m p r e h e n s i v e P l a n a n d o t h e r t h i n g s t o m a k e i t l e g i t i m a t e . H e b e l i e v e s t h e r e a r e m o r e i m p o r t a n t t h i n g s t o t a s k s t a f f w i t h a n d q u e s t i o n e d w h o t a s k e d s t a f f t o c o m e u p w i t h t h e o r d i n a n c e . H e s p o k e a b o u t h a v i n g f r e s h p o r k , b a c o n a n d m i l k a n d e v e r y o n e d e s e r v i n g f a i r t r e a t m e n t . E r n e s t A l f o r d , 1 0 0 2 B e g o n i a S t . , e x p r e s s e d c o n c e r n s a b o u t t h e j u n k y a r d o n ( W e s t ) 6 t h S t . a n d p o i n t e d o u t t h a t c a r s a r e b e i n g l e f t o u t s i d e a l l t h e t i m e t h a t a r e n o t h a u l e d i n f o r s e v e r a l w e e k s a d d i n g t o t h e e y e s o r e a n d h e h a s w i t n e s s e d a g r e a s e f i l m o n t h e r u n o f f d i t c h e s . H e q u e s t i o n e d w h e t h e r t h e y a r e i n c o m p l i a n c e w i t h l o c a l a n d s t a t e l a w s . H e a l s o r e a d a l e t t e r f r o m h i s n e i g h b o r , M s . S u l l i v a n a t 8 3 0 B e g o n i a S t r e e t , r e g a r d i n g s a f e t y i s s u e s a n d t h e e y e s o r e a p p e a r a n c e c a u s e d b y t h e j u n k y a r d . D a n i e l H u r l e y , 3 1 0 C a m e l i a S t . , t h a n k e d t h e C o m m i s s i o n f o r t h e c l e a n - u p i n t h e T i d e v i e w s a r e a . H e e x p r e s s e d c o n c e m s a b o u t c o n t a m i n a t i o n a n d s a f e t y i s s u e s w i t h t h e j u n k y a r d a n d b e l i e v e s t h e o v e r l o o k i s n o t g e t t i n g u s e d b e c a u s e o f t h e j u n k y a r d . H e s p o k e a b o u t T i d e v i e w s a n d t h e p a s s t h r o u g h a t B e n n e t t ' s L a n d i n g i m p r o v i n g t h e c o m m u n i t y . H e s p o k e i n f a v o r o f s t e p p i n g u p C o d e E n f o r c e m e n t a t t h e j u n k y a r d . H e a l s o s p o k e i n f a v o r o f b a c k y a r d h e n s . ( M a y o r R e e v e s l e f t t h e m e e t i n g a t 7 : 1 1 p . m . ) K e l l y B e l i c h , 7 3 W l O t h S t . , s p o k e i n f a v o r o f a l l o w i n g b a c k y a r d h e n s . A s h l e y K n e b e l , 4 2 2 S a r g o R d , s p o k e i n f a v o r o f a l l o w i n g b a c k y a r d h e n s . ( M a y o r R e e v e s r e t u r n e d a t 7 : 1 3 p . m . ) J o h n N o v e m b e r , 5 3 6 S o u t h S t . , N e p t u n e B e a c h , s p o k e a b o u t A m e n d m e n t I I , r e g a r d i n g m e d i c a l m a r i j u a n a , p a s s i n g w i t h a r o u n d 7 0 p e r c e n t o f t h e v o t e a n d u r g e d t h e C o m m i s s i o n t o l i s t e n t o t h e i r c o n s t i t u e n t s a n d b e f a i r a n d r e s p o n s i v e t o t h e p a s s a g e o f t h a t a m e n d m e n t . H e a l s o s p o k e i n f a v o r o f I t e m 1 B J a n u a r y 9 , 2 0 1 7 D e c e m b e r 1 2 , 2 0 1 6 R E G U L A R C O M M I S S I O N M E E T I N G P a g e 3 a l l o w i n g b a c k y a r d h e n s a n d f o r e x p a n d i n g t h e f a r m e r ' s m a r k e t t o M a y p o r t . H e w a s g l a d t o h e a r c o m m e n t s m a d e e a r l i e r a b o u t t h e i m p r o v e m e n t s m a d e a t B e n n e t t ' s L a n d i n g a n d w i l l b e b r i n g i n g a m a r k u p o f t h e p r o p o s e d s t r u c t u r e d s o o n . H e t h a n k e d t h e C o m m i s s i o n f o r t h e i r h a r d w o r k a n d d e d i c a t i o n . M s . H a a s , 2 2 S a r g o R d . , s p o k e i n f a v o r o f a l l o w i n g b a c k y a r d h e n s . C i t y C l e r k B a r t l e r e a d t h e n a m e s a n d c o m m e n t s f r o m t h e c i t i z e n s w h o d i d n o t w a n t t o s p e a k a s f o l l o w s : N a n c y W h i t t i n g t o n , 1 8 6 1 B e a c h s i d e C t . , o p p o s e d t o t h e h e n O r d i n a n c e a s w r i t t e n a n d w o u l d l i k e t o h a v e t h e c o o p s f o l l o w t h e A t l a n t i c B e a c h B u i l d i n g C o d e s . N o o n e e l s e f r o m t h e a u d i e n c e s p o k e s o M a y o r R e e v e s c l o s e d t h e C o u r t e s y o f t h e F l o o r t o V i s i t o r s . 3 . U n f i n i s h e d B u s i n e s s f r o m P r e v i o u s M e e t i n g s A . S t r e e t S w e e p i n g I V a c u u m f o r t h e P u b l i c W o r k s D e p a r t m e n t ( C o m m i s s i o n e r S t i n s o n ) C o m m i s s i o n e r S t i n s o n e x p l a i n e d t h e d e t a i l s i n h i s r e p o r t a n d a s k e d t h e f o l l o w i n g r e p r e s e n t a t i v e s t o c o m e f o r w a r d a n d a n s w e r q u e s t i o n s . N i c k C a u s e y f r o m E n v i r o n m e n t a l P r o d u c t s , d e a l e r f o r F l o r i d a a n d G e o r g i a f o r E l g i n p r o d u c t s t r e e t s w e e p e r s i n t r o d u c e d K r a W h i t m o r e f r o m U S A S e r v i c e s , t h e C i t y ' s c u n e n t c o n t r a c t o r . M r . C a u s e y e x p l a i n e d h e c a n a n s w e r q u e s t i o n s a b o u t t e c h n i c a l s p e c i f i c a t i o n s a n d s t r e e t s w e e p i n g i n g e n e r a l . M r . W h i t m o r e s t a t e d h e b e l i e v e s U S A S e r v i c e s h a s d o n e a r e a l l y g o o d j o b f o r t h e C i t y . H e s p o k e a b o u t t h e i s s u e s d e s c r i b e d i n C o m m i s s i o n e r S t i n s o n ' s r e p o r t a n d e x p l a i n e d h o w t h e y p l a n t o t a k e c a r e o f p r o b l e m s m o v i n g f o r w a r d . H e e x p l a i n e d t h e G P S t e c h n o l o g y a n d t h e d i s a d v a n t a g e s o f g e t t i n g a l i v e r e p o r t a n d s u g g e s t e d t h a t s t a f f c a l l i n f o r t h e G P S i n f o n n a t i o n i n s t e a d o f a c c e s s i n g t h e l i v e r e p o r t . M o t i o n : D i r e c t t h e C i t y M a n a g e r t o r e p o r t b a c k t o t h e C o m m i s s i o n o n t h e q u e s t i o n s r a i s e d a b o v e i n t h e J U S T I F I C A T I O N s e c t i o n o f t h i s r e p o r t w i t h i n o n e m o n t h o f t h e d a t e o f s u c h d i r e c t i v e ; t o p r e p a r e a r e q u e s t f o r b i d t o r e b i d s t r e e t s w e e p i n g / v a c u u m s e r v i c e s ; a n d , t o s u b m i t w r i t t e n n o t i f i c a t i o n t o t h e c u r r e n t s e r v i c e p r o v i d e r o f t h e d e f i c i e n c i e s n o t e d i n t h i s r e p o r t a n d o f t h e C i t y ' s i n t e n t t o c a n c e l t h e c u r r e n t c o n t r a c t w i t h i n t h i r t y ( 3 0 ) d a y s a s s p e c i f i e d i n t h e o r i g i n a l r e q u e s t f o r b i d , i f t h e d e f i c i e n c i e s h a v e n o t b e e n c o r r e c t e d . M o v e d b y S t i n s o n , S e c o n d e d b y H i l l C o m m i s s i o n e r H i l l s p o k e a b o u t t h e i m p o r t a n c e o f p i c k i n g u p s a n d a n d o t h e r m a t e r i a l s b e f o r e t h e y g e t i n t h e s t o r m d r a i n s . H e b e l i e v e s t h i s i s a b i g t i c k e t i t e m a n d t h a t t h e y h a v e a r e s p o n s i b i l i t y t o e n s u r e t h a t t h e m o n e y i s b e i n g s p e n t w i s e l y . H e a s k e d a b o u t t h e v o l u m e o f p r o d u c t b e i n g p i c k e d u p . M r . W h i t m o r e e x p l a i n e d w h a t i s b e i n g p i c k e d u p . D o n J a c o b o v i t z d i s t r i b u t e d a h a n d o u t a n d r e p o r t e d o n s t r e e t s w e e p i n g a c t i v i t i e s p e r f o r m e d b y U S A S e r v i c e s . C o m m i s s i o n e r S t i n s o n a d d r e s s e d q u e s t i o n s f r o m C o m m i s s i o n e r W a t e r s a n d e x p l a i n e d w h y h e w a n t e d t h e l i v e G P S f e e d . M r . W h i t m o r e e x p l a i n e d t h e i s s u e s w i t h t r y i n g t o m o n i t o r t h e w a t e r t h r o u g h t h e G P S p r o c e s s a n d i n d i c a t e d t h a t i f t h e r e i s a p r o b l e m w i t h t h e w a t e r , t h e C i t y o n l y n e e d s t o m a k e a p h o n e c a l l a n d t h e y w i l l h a n d l e t h e p r o b l e m i m m e d i a t e l y . C o m m i s s i o n e r W a t e r s e x p r e s s e d c o n c e r n a b o u t t h e G P S r e p o r t i n g w a t e r b e i n g u s e d w h e n i t w a s n o t u s e d . M r . W h i t m o r e s u g g e s t e d h a v i n g a n a d d e n d u m t o t h e c o n t r a c t t h a t w o u l d r e q u i r e a n y s w e e p e r i n t h e C i t y t o h a v e w a t e r i n t h e t r u c k a t a l l t i m e s . I t e m 1 B J a n u a r y 9 , 2 0 1 7 D e c e m b e r 1 2 , 2 0 1 6 R E G U L A R C O M M I S S I O N M E E T I N G P a g e 4 M a y o r R e e v e s s t a t e d h i s c o n c e r n i s w h e r e t h e t r u c k s a r e g o i n g s o p e o p l e w i l l b e a b l e t o p r e p a r e . H e r e p o r t e d t h a t h e h a s f o l l o w e d t h e i r t r u c k s a n d a l l t h e y a r e d o i n g i s s t i n i n g u p t h e d i r t a n d p u t t i n g i t i n t o t h e d r a i n a g e s y s t e m . H e q u e s t i o n e d t h e a m o u n t s l i s t e d o n t h e p u r c h a s e o r d e r a n d b e l i e v e s t h e S t a t e s h o u l d b e r e s p o n s i b l e f o r t h e s t r e e t s w e e p i n g o n M a y p o r t R o a d . H e s t r e s s e d t h e i m p o r t a n c e o f k n o w i n g w h e r e t h e t r u c k s a r e g o i n g a n d w h e r e t h e m o n e y i s b e i n g s p e n t . C i t y M a n a g e r V a n L i e r e e x p l a i n e d t h e c h a r g e s o n t h e p u r c h a s e o r d e r . M a y o r R e e v e s e x p r e s s e d c o n c e r n t h a t t h e i t e m i s b e i n g d i s c u s s e d b y t h e C o m m i s s i o n . C o m m i s s i o n e r S t i n s o n e x p l a i n e d t h a t t h e r e a s o n t h e y a r e t a l k i n g a b o u t t h i s a g a i n i s b e c a u s e t h e C o m m i s s i o n t a l k e d a b o u t i t a r o u n d s i x w e e k s a g o a n d t h e q u e s t i o n s w e r e n o t a n s w e r e d b u t t h e c o n t r a c t w a s r e n e w e d w i t h o u t d i g g i n g i n t o i t a l i t t l e d e e p e r . C o m m i s s i o n e r S t i n s o n q u e s t i o n e d t h e v e n d o r s a b o u t t h e w a t e r v o l u m e o n t h e t r u c k a n d t h e c o n s u m p t i o n r a t e . H e d i s c u s s e d t h e b e n e f i t s o f G P S t r a c k i n g a n d p o i n t e d o u t t h a t w h e n t h e t r u c k r e f i l l s , t h e y w o u l d b e c h a r g e d f o r t h e w a t e r . H e e x p r e s s e d t h e n e e d f o r t h i s s e r v i c e t o b e d o n e a t a q u a l i t y l e v e l a n d s a t i s f a c t o r y t o o u r r e s i d e n t s . C o m m i s s i o n e r H i l l q u e s t i o n e d t h e v e n d o r s a b o u t w h e t h e r t h e y w e r e i n t e r e s t e d i n w o r k i n g t h i s o u t a n d i f t h e y c o u l d p r o v i d e a g r a p h i c m a p o f w h e r e t h e y s w e p t a n d w a t e r w a s u s e d . T h e y a g r e e d t h e y a r e i n t e r e s t e d i n w o r k i n g o u t t h e i s s u e s a n d e x p l a i n e d a m a p a n d a n E x c e l s p r e a d s h e e t c o u l d b e p r o v i d e d s h o w i n g t h a t i n f o r m a t i o n . C o m m i s s i o n e r H i l l c o n f i 1 m e d w i t h C i t y A t t o r n e y D u r d e n t h a t t h e C o m m i s s i o n c o u l d r e v i s i t t h e c o n t r a c t . S h e r e a d S e c t i o n 3 o f t h e B i d D o c u m e n t a t t a c h e d t o t h e r e p o r t a n d e x p l a i n e d t h e y d o h a v e t h e a u t h o r i t y t o d i r e c t t h e C i t y M a n a g e r t o r e p o r t b a c k t o t h e C o m m i s s i o n o n t h e t h r e e q u e s t i o n s t h a t w e r e r a i s e d u n d e r t h e J u s t i f i c a t i o n s e c t i o n a n d t o d i r e c t h i m t o p r e p a r e a r e q u e s t f o r a b i d t o r e b i d t h e s t r e e t s w e e p i n g t o b e u s e d i f t h e c o n t r a c t o r f a i l s t o c l e a r u p t h e d e f i c i e n c i e s a f t e r g i v i n g n o t i c e t o t h e c o n t r a c t o r a n d a l l o w i n g t h e 3 0 d a y s t o c o r r e c t t h e d e f i c i e n c i e s . C o m m i s s i o n e r H i l l d i s c u s s e d c u t t i n g d o w n o n t h e v o l u m e b y r e e v a l u a t i n g w h e t h e r t h e r e i s a n e e d t o s w e e p a t t h e P u b l i c W o r k s f a c i l i t y . H e e x p l a i n e d t h a t h e w o u l d r a t h e r n o t r e b i d t h i s , b u t w a n t s i t f i x e d . H e b e l i e v e s a l l p a r t i e s w o u l d b e n e f i t b y c o m i n g t o g e t h e r a n d g e t t i n g i t d o n e r i g h t . C o m m i s s i o n e r W a t e r s s t a t e d t h e s t r e e t s w e e p e r s a r e d o i n g a t e r r i f i c j o b o f k e e p i n g d e b r i s o u t o f o u r s t m m w a t e r s y s t e m , b u t t h e r e a r e c e r t a i n l y t h i n g s t o b e c o r r e c t e d . S h e s p o k e a b o u t t h e n e e d f o r t h e G P S t r a c k i n g a n d b e l i e v e s i t s h o u l d b e i n c l u d e d i n f u t u r e b i d s . C o m m i s s i o n e r S t i n s o n e x p l a i n e d h i s m o t i o n . R o l l C a l l V o t e s : A y e : 4 - H i l l , S t i n s o n , W a t e r s , R e e v e s N a y : 0 M O T I O N C A R R I E D B . U p d a t e f i · o m t h e C i t y M a n a g e r o n S e m i n o l e R o a d p r o j e c t ( M a y o r R e e v e s ) C i t y M a n a g e r V a n L i e r e p r o v i d e d d e t a i l s a b o u t t h e s t a t u s o f t h e p r o j e c t a n d t h e m a j o r d e l a y s . P u b l i c W o r k s D i r e c t o r D o n J a c o b o v i t z e x p l a i n e d t h e c o n s u l t a n t w i l l b e p r o v i d i n g t h e p l a n s f o r S e m i n o l e R o a d I t e m 1 B J a n u a r y 9 , 2 0 1 7 D e c e m b e r 1 2 , 2 0 1 6 R E G U L A R C O M M I S S I O N M E E T I N G P a g e 5 w i t h i n t h e n e x t w e e k . H e r e i t e r a t e d t h e d e t a i l s i n v o l v i n g t h e c o n s u l t a n t w h i c h c o n t r i b u t e d t o t h e d e l a y s a n d b e l i e v e s t h e y a r e n o w b a c k o n t r a c k . M a y o r R e e v e s e x p r e s s e d c o n c e r n a b o u t o u r c o n t r a c t o r s w o r k i n g b y t h e i r o w n t i m e l i n e s a n d p u t t i n g p r o j e c t s o n h o l d . M r . J a c o b o v i t z a g r e e d t h a t t h i s i s u n u s u a l a n d i s n o t w h a t w e e x p e c t f r o m o u r c o n s u l t a n t s . H e a d d e d t h a t t h e y w i l l n o t g e t p a i d u n l e s s t h e y p r o v i d e d e l i v e r a b l e s a n d h e h a s d e n i e d t h e i r i n v o i c e s i n c e h e h a s n o t s e e n t h e i r d e l i v e r a b l e s . C o m m i s s i o n e r H i l l q u e s t i o n e d w h a t s p e c i f i c d i r e c t i o n t h e C o m m i s s i o n g a v e o n t h i s p r o j e c t a n d w h a t w a s t h e l a s t a c t i o n . M r . V a n L i e r e r e p o r t e d t h e h i s t o r y o f t h e p r o j e c t . C o m m i s s i o n e r H i l l e x p r e s s e d c o n c e r n t h a t t h e y h a v e n o t s e e n a f i n a l d o l l a r a m o u n t f o r t h e S e m i n o l e R o a d P r o j e c t a n d b e l i e v e s h e w o u l d n e e d t o s e e w h a t i t l o o k s l i k e a n d w h a t i t c o s t i n o r d e r t o d e t e r m i n e i f h e i s i n f a v o r o f i t . M r . V a n L i e r e e x p l a i n e d t h e e s t i m a t e o f $ 1 . 6 m i l l i o n i s t w o y e a r s o l d a n d h a s b e e n r e b u d g e t e d . H e e x p l a i n e d t h a t t h e C o m m i s s i o n w i l l f i n d o u t h o w m u c h i t i s o n c e i t i s b i d o u t . C o m m i s s i o n e r W a t e r s p o i n t e d o u t t h a t M r . J a c o b o v i t z h a s a t t e m p t e d t o p u s h t h e p r o j e c t u p i n p r i o r i t y w i t h t h e c o n s u l t a n t b y d e c l i n i n g t o p a y c u r r e n t i n v o i c e s . S h e w a n t s t o u p d a t e t h e c i t i z e n s b y s a y i n g t h e p r o j e c t i s h a p p e n i n g b u t n o t a s f a s t a s w e w o u l d l i k e i t a n d p a r t o f t h a t i s m a k i n g s u r e t h a t t h e y g e t i t r i g h t . C o m m i s s i o n e r S t i n s o n t h a n k e d M r . J a c o b o v i t z f o r h o w h e i s h a n d l i n g t h e i n v o i c e s . H e a s k e d t o s e e t h e p r o j e c t o n c e t h e d e s i g n i s c o m p l e t e a n d a l l t h e c o m p o n e n t s a r e b a c k i n a n d M r . J a c o b o v i t z h a s d o n e a n e s t i m a t e o f w h a t i t i s g o i n g t o c o s t , b e f o r e i t g o e s o u t t o b i d . M r . J a c o b o v i t z e x p l a i n e d o n c e t h e c o n s u l t a n t s p r o v i d e t h e p l a n s , t h e C i t y h a s a c h a n c e t o r e v i e w t h e m a n d m a k e c o m m e n t s a n d a d j u s t m e n t s i f n e e d e d . H e a l s o c o n f i r m e d t h a t t h e c o n s u l t a n t w i l l p r o v i d e a c o s t e s t i m a t e . M a y o r R e e v e s a l s o t h a n k e d M r . J a c o b o v i t z f o r n o t p a y i n g t h e i n v o i c e s . H e s p o k e a b o u t t h e l a c k o f c o m m i t m e n t f r o m v e n d o r s l a t e l y . H e e x p r e s s e d c o n c e r n f o r t h e r e s i d e n t s t h a t a r e a f f e c t e d b y s t o r m w a t e r a n d h a v e b e e n p u t o f f f o r a y e a r . M a y o r R e e v e s a s k e d t h e C i t y M a n a g e r t o m e e t w i t h t h e e n g i n e e r i n g g r o u p t o s h a r e h i s d i s a p p o i n t m e n t a n d t o g e t o n t o p o f i t . M r . V a n L i e r e c o m m e n t e d t h a t t h e e n g i n e e r s w e r e i n s t r u c t e d b y t h e p r e v i o u s C o m m i s s i o n t o g o s l o w a n d g e t i t r i g h t , b u t n o w i t s e e m s w e w a n t t o s h i f t g e a r s a n d g o f a s t e r . C o m m i s s i o n e r H i l l c o m m e n t e d a b o u t i t b e i n g m o r e o f a b e a u t i f i c a t i o n p r o j e c t a n d q u e s t i o n e d w h y t h e y a r e s p e n d i n g $ 1 . 6 m i l l i o n i f t h e y a r e n o t s o l v i n g a n y b o d y ' s p r o b l e m . H e s p o k e a b o u t a d v a n t a g e s o f t h e p r o j e c t s , b u t p o i n t e d o u t t h a t i t w i l l n o t s o l v e t h e f l o o d i n g p r o b l e m s f r o m t h e 1 0 0 - y e a r s t m m s w h i c h w e o c c a s i o n a l l y g e t . C o m m i s s i o n e r W a t e r s c o m m e n t e d a b o u t b e a u t i f i c a t i o n a n d P u b l i c W o r k s p r o j e c t s b e i n g c o n s i d e r e d s i n c e t h i s p r o j e c t ' s i n c e p t i o n . M a y o r R e e v e s t h a n k e d M r . V a n L i e r e a n d M r . J a c o b o v i t z f o r t h e i r i n f o r m a t i o n . 4 . C o n s e n t A g e n d a A L L M A T T E R S L I S T E D U N D E R T H E C O N S E N T A G E N D A A R E C O N S I D E R E D T O B E R O U T I N E B Y T H E C I T Y C O M M I S S I O N A N D W I L L B E E N A C T E D B Y O N E M O T I O N I N T H E F O R M L I S T E D B E L O W . T H E R E W I L L B E N O S E P A R A T E D I S C U S S I O N O F T H E S E I T E M S . I F D I S C U S S I O N I S D E S I R E D , T H A T I T E M W I L L B E R E M O V E D F R O M T H E C O N S E N T A G E N D A A N D W I L L B E C O N S I D E R E D S E P A R A T E L Y . S U P P O R T I N G I t e m 1 B J a n u a r y 9 , 2 0 1 7 D e c e m b e r 1 2 , 2 0 1 6 R E G U L A R C O M M I S S I O N M E E T I N G P a g e 6 D O C U M E N T A T I O N A N D S T A F F R E C O M M E N D A T I O N S H A V E B E E N P R E V I O U S L Y S U B M I T T E D T O T H E C I T Y C O M M I S S I O N O N T H E S E I T E M S . A . A c k n o w l e d g e r e c e i p t o f t h e M o n t h l y F i n a n c e R e p m i a n d t h e N e w B u s i n e s s L i s t i n g f o r O c t o b e r 2 0 1 6 . B . A u t h o r i z e t h e C i t y M a n a g e r t o s i g n t h e S t . J o h n s R i v e r W a t e r M a n a g e m e n t D i s t r i c t C o s t S h a r e A g r e e m e n t f o r t h e A M I I m p l e m e n t a t i o n P r o j e c t . C i t y C l e r k B m i l e r e a d t h e c o n s e n t a g e n d a . M a y o r R e e v e s a s k e d i f a n y C o m m i s s i o n e r w a n t e d t o p u l l a n i t e m f r o m t h e C o n s e n t A g e n d a f o r d i s c u s s i o n . M a y o r R e e v e s p u l l e d I t e m 4 A a n d a s k e d q u e s t i o n s a b o u t t h e n e g a t i v e v a r i a n c e o n d e b t s e r v i c e a n d w h e t h e r t h e b o n d s h a v e b e e n r e e v a l u a t e d r e c e n t l y f o r a l o w e r i n t e r e s t r a t e . F i n a n c e D i r e c t o r R u s s e l l C a f f e y e x p l a i n e d t h e a m o u n t i n c l u d e s t h e r e f i n a n c i n g o f a l l t h e p a s t u t i l i t y d e b t a n d t h a t b o n d s w e r e r e f i n a n c e d a t t h e b e g i n n i n g o f l a s t y e a r w i t h a v e r y l o w i n t e r e s t r a t e . M o t i o n : A p p r o v e C o n s e n t A g e n d a I t e m s A a n d B . M o v e d b y R e e v e s , N o s e c o n d w a s r e q u e s t e d . V o t e s : A y e : 4 - H i l l , S t i n s o n , W a t e r s , R e e v e s N a y : 0 M O T I O N C A R R I E D 5 . C o m m i t t e e R e p o r t s A . A p p o i n t m e n t s t o t h e C o m m u n i t y D e v e l o p m e n t B o a r d . C o m m i s s i o n e r S t i n s o n r e v i e w e d t h e r e p m i a n d e x p l a i n e d t h e r e c o m m e n d a t i o n s f r o m t h e B o a r d M e m b e r R e v i e w C o m m i t t e e . M o t i o n : 1 ) R e a p p o i n t K e l l y E l m o r e , S y l v i a S i m m o n s a n d B r e a P a u l t o s e r v e a n a d d i t i o n a l t e r m a s r e g u l a r m e m b e r s o n t h e C o m m u n i t y D e v e l o p m e n t B o a r d f o r t e r m s e n d i n g 1 2 / 3 1 / 2 0 1 8 , 2 ) A p p o i n t S t e v e n M a n d e l b a u m a s a r e g u l a r m e m b e r o n t h e C o m m u n i t y D e v e l o p m e n t B o a r d f o r t h e t e r m e n d i n g 1 2 / 3 1 1 2 0 1 8 , a n d 3 ) A p p o i n t T h o m a s H i n d l e a s a n a l t e r n a t e m e m b e r o n t h e C o m m u n i t y D e v e l o p m e n t B o a r d f o r t h e u n e x p i r e d t e r m b e g i n n i n g J a n u a r y 1 , 2 0 1 7 a n d e n d i n g D e c e m b e r 3 1 , 2 0 1 7 . M o v e d b y S t i n s o n , S e c o n d e d b y H i l l V o t e s : A y e : 4 - H i l l , S t i n s o n , W a t e r s , R e e v e s N a y : 0 M O T I O N C A R R I E D 6 . A c t i o n o n R e s o l u t i o n s T h e r e w e r e n o r e s o l u t i o n s . 7 . A c t i o n o n O r d i n a n c e s A . O r d i n a n c e N o . 9 0 - 1 7 - 2 2 6 , P u b l i c H e a r i n g a n d F i r s t R e a d i n g I t e m 1 B J a n u a r y 9 , 2 0 1 7 D e c e m b e r 1 2 , 2 0 1 6 R E G U L A R C O M M I S S I O N M E E T I N G P a g e 7 A N O R D I N A N C E O F T H E C I T Y O F A T L A N T I C B E A C H C O N S I D E R I N G A T E M P O R A R Y M O R A T O R I U M O N T H E O P E R A T I O N O F M E D I C A L M A R I J U A N A T R E A T M E N T C E N T E R S A N D M E D I C A L M A R I J U A N A D I S P E N S I N G O R G A N I Z A T I O N S W I T H I N T H E C I T Y F O R A P E R I O D O F O N E ( 1 ) Y E A R ; P R O V I D I N G F O R S E V E R A B I L I T Y ; P R O V I D I N G A N E F F E C T I V E D A T E . C i t y C l e r k B a r t l e r e a d t h e O r d i n a n c e b y t i t l e o n l y . C i t y A t t o r n e y D u r d e n r e f e r r e d t o t h e b l a n k o n p a g e 4 i n S e c t i o n 1 0 r e g a r d i n g e f f e c t i v e d a t e a n d r e c o m m e n d e d t h a t t h e d a t e b e N o v e m b e r 2 8 , 2 0 1 6 , t h e d a t e o f t h e l a s t C i t y C o m m i s s i o n m e e t i n g a t w h i c h t h i s C o m m i s s i o n d i r e c t e d s t a f f , i n c l u d i n g h e r s e l f , t o p r o c e e d w i t h h e a r i n g s a n d n o t i c e s o n t h i s o r d i n a n c e . M a y o r R e e v e s o p e n e d t h e p u b l i c h e a r i n g . C h r i s J o r g e n s o n , 9 2 W 3 r d S t . , a s k e d t h e C o m m i s s i o n t o c o n s i d e r l i m i t i n g m e d i c a l m a r i j u a n a d i s t r i b u t i o n t o h o s p i t a l d i s t r i b u t i o n o n l y . M a y o r R e e v e s c l o s e d t h e p u b l i c h e a r i n g . M o t i o n : A d o p t O r d i n a n c e N o . 9 0 - 1 7 - 2 2 6 a s r e a d b y t i t l e a n d p r o v i d i n g a n e f f e c t i v e d a t e o f N o v e m b e r 2 8 , 2 0 1 6 . M o v e d b y S t i n s o n , S e c o n d e d b y H i l l C o m m i s s i o n e r W a t e r s r e p o r t e d o n t h e v a r i o u s c o m m e n t s s h e h e a r d f r o m c i t i z e n s a n d b e l i e v e s t h e r e a r e a n u m b e r o f c o n c e r n e d c i t i z e n s i n o u r c o m m u n i t y t h a t w a n t t o s e e t h i s p u t i n t o e f f e c t a s q u i c k l y a s p o s s i b l e . C o m m i s s i o n e r S t i n s o n e x p l a i n e d t h e r e i s a l o t o f w o r k b e h i n d t h e s c e n e s t h a t m u s t b e d o n e a n d h e b e l i e v e s i t i s i m p m i a n t t o m o v e q u i c k l y o n t h i s s o t h a t i t d o e s n o t a p p e a r l i k e w e a r e s t a l l i n g , n o t i n g 7 0 % o f t h e s t a t e v o t e d f o r t h i s ; i t i s t h e l a w o f t h e l a n d a n d w e s h o u l d n o t d r a g o u r f e e t . H e b e l i e v e s t h a t t h e y a l s o n e e d t o m o v e a s q u i c k l y a s p o s s i b l e o n a n y C o d e R e w r i t e c o m p o n e n t t o t h i s . M a y o r R e e v e s e x p l a i n e d w h y a o n e - y e a r m o r a t o r i u m i s r e a s o n a b l e , n o t i n g t h e r e a r e a l o t o f i s s u e s t o w o r k o u t , w e a r e j u s t b e i n g c a u t i o u s a n d h a s n o t h i n g t o d o w i t h b e i n g f o r o r a g a i n s t i t . R o l l C a l l V o t e s : A y e : 4 - S t i n s o n , W a t e r s , H i l l , R e e v e s N a y : 0 M O T I O N C A R R I E D M a y o r R e e v e s r e p m i e d t h a t t h e s e c o n d p u b l i c h e a r i n g f o r O r d i n a n c e N o . 9 0 - 1 7 - 2 2 6 i s s c h e d u l e d f o r J a n u a r y 9 , 2 0 1 6 . B . O r d i n a n c e N o . 9 5 - 1 7 - 1 1 3 , I n t r o d u c t i o n a n d F i r s t R e a d i n g A N O R D I N A N C E O F T H E C I T Y O F A T L A N T I C B E A C H C R E A T I N G A P I L O T P R O G R A M F O R P E R M I T T I N G B A C K Y A R D H E N S I N C E R T A I N R E S I D E N T I A L D I S T R I C T S S U B J E C T T O A N A N N U A L F E E O F $ 5 0 ; L I M I T I N G T H E N U M B E R O F P E R M I T S I S S U E D U N D E R T H E P I L O T P R O G R A M T O 5 0 ; P R O V I D I N G F O R E V A L U A T I O N A N D R E P O R T I N G O F T H E P I L O T P R O G R A M T O T H E C I T Y C O M M I S S I O N A F T E R E I G H T E E N M O N T H S ; P R O V I D I N G F O R S E V E R A B I L I T Y ; P R O V I D I N G A N E F F E C T I V E D A T E . C i t y C l e r k B a r t l e r e a d t h e O r d i n a n c e b y t i t l e o n l y . I t e m 1 B J a n u a r y 9 , 2 0 1 7 D e c e m b e r 1 2 , 2 0 1 6 R E G U L A R C O M M I S S I O N M E E T I N G P a g e 8 M o t i o n : A p p r o v e O r d i n a n c e N o . 9 5 - 1 7 - 1 1 3 a s r e a d . M o v e d b y W a t e r s , S e c o n d e d b y H i l l C o m m i s s i o n e r W a t e r s a d d r e s s e d c o n c e r n s b r o u g h t u p a b o u t s a l m o n e l l a , l i g h t i n g t h e c o o p s a n d u r b a n a g r i c u l t u r e . C o m m i s s i o n e r H i l l a d d r e s s e d c i t i z e n ' s c o n c e r n s r e g a r d i n g d i s e a s e s . H e d o e s n o t b e l i e v e w e s h o u l d h o l d t h e s t r u c t u r e t o a n y h i g h e r s t a n d a r d s t h a n w h a t t h e o r d i n a n c e a l r e a d y h a s . H e s p o k e i n f a v o r o f b a c k y a r d h e n s b e c a u s e o f t h e l i b e r t y a s p e c t o f i t a n d w o u l d l i k e t o s e e t h e a n n u a l f e e l o w e r e d . C o m m i s s i o n e r S t i n s o n e x p l a i n e d c o n f l i c t s t h i s O r d i n a n c e h a s w i t h o u r c u n e n t C o d e s . H e q u e s t i o n e d w h a t h a p p e n s w h e n n u m b e r 5 1 a p p l i e s f o r a p e 1 m i t a n d b e l i e v e s t h e r e s h o u l d b e s o m e c l a r i f i c a t i o n . H e a l s o b e l i e v e s t h e c h i c k e n c o o p s s h o u l d m e e t t h e h u n i c a n e w i n d l o a d s l i k e e v e r y t h i n g e l s e d o e s . H e a d d r e s s e d t h e l i b e r t y i s s u e a n d p r o b l e m s w i t h r a c c o o n s . M a y o r R e e v e s s p o k e a b o u t a u t h o r i t y a n d e n f o r c e m e n t i s s u e s a n d b e l i e v e s t h e o r d i n a n c e i s n o t e n f o r c e a b l e . P l a n n i n g D i r e c t o r D r e w D e C a n d i s a d d r e s s e d c o n c e r n s a b o u t t h e f e e , r e q u i r e m e n t s f o r t h e c o o p , a n d e n f o r c e m e n t i s s u e s . M a y o r R e e v e s a s k e d C o m m a n d e r L a y s o n t o e x p r e s s a n y c o n c e i n s s h e m a y h a v e r e g a r d i n g c h i c k e n c a l l s . S h e a g r e e d t h a t t h e l a n g u a g e i n t h e o r d i n a n c e s h o u l d b e m o r e s p e c i f i c a b o u t h o w i t w o u l d b e r e g u l a t e d a n d e n f o r c e d a n d t h e c u r r e n t f a c i l i t y w o u l d h a v e t o b e e n h a n c e d s i n c e i t i s n o t s e t u p t o k e e p c h i c k e n s . C h i e f B u i l d i n g I n s p e c t o r D a n A r l i n g t o n s p o k e a b o u t t h e t w o c a t e g o r i e s o f s t r u c t u r e s a n d a s k e d t h a t t h e C o m m i s s i o n c l a r i f y w h i c h c a t e g o r y t h i s w o u l d f a l l i n t o . C o m m i s s i o n e r H i l l s p o k e i n s u p p o r t o f t h e o r d i n a n c e a n d a s k e d t h a t h i s f e l l o w c o m m i s s i o n e r g i v e t h e p i l o t p r o g r a m a s h o t . C o m m i s s i o n e r W a t e r s s p o k e a b o u t h a v i n g c h i c k e n s g r o w i n g u p i n A t l a n t i c B e a c h a n d s p o k e i n f a v o r o f a l l o w i n g b a c k y a r d h e n s . S h e e x p l a i n e d t h a t t h e c o o p s a r e m e a n t t o b e m o v e d , u n l i k e a s h e d t h a t i s m e a n t t o b e a p e 1 m a n e n t s t r u c t u r e , s o t h e c o d e r e g u l a t i n g t h e m s h o u l d b e s l i g h t l y d i f f e r e n t . S h e a d d r e s s e d t h e c o n c e r n s a b o u t r a c c o o n s a n d e x p l a i n e d t h a t t h e c o o p s a r e d e s i g n e d t o t r y t o k e e p r a c c o o n s o u t , b u t r e a l i z e s n o t h i n g i s 1 0 0 % r a c c o o n p r o o f . S h e e x p l a i n e d h o w u r b a n g a r d e n i n g c a n i m p r o v e q u a l i t y o f l i f e . C o m m i s s i o n e r S t i n s o n e x p r e s s e d c o n c e r n a b o u t t h e d e m a n d o n c i t y s t a f f ' s t i m e . H e r e p o r t e d t h a t t h e o v e r w h e l m i n g m a j o r i t y o f t h e p e o p l e t h a t h a v e s p o k e n t o h i m , h a v e b e e n a g a i n s t a l l o w i n g p e o p l e t o r a i s e c h i c k e n s i n t h e c o m m u n i t y . M a y o r R e e v e s r e i t e r a t e d h i s c o n c e r n s a b o u t e n f o r c i n g t h e o r d i n a n c e . M a y o r R e e v e s c a l l e d f o r t h e v o t e . C o m m i s s i o n e r H i l l a s k e d M a y o r R e e v e s , s i n c e i t l o o k s l i k e t h i s w i l l b e a t i e w i t h C o m m i s s i o n e r H a r d i n g b e i n g a b s e n t , c o u l d t h e y d e f e r t h e i t e m . M a y o r R e e v e s s t a t e d h e h a s a l r e a d y c a l l e d t h e v o t e , s o h e w i l l c a l l t h e v o t e . M o t i o n t o a p p e a l . M o v e d b y S t i n s o n , S e c o n d e d b y H i l l I t e m 1 B J a n u a r y 9 , 2 0 1 7 D e c e m b e r 1 2 , 2 0 1 6 R E G U L A R C O M M I S S I O N M E E T I N G P a g e 9 M a y o r R e e v e s e x p l a i n e d t h e y a r e n o w v o t i n g o n t h e m o t i o n t o a p p e a l h i s d e c i s i o n . V o t e s : A y e : 4 - H i l l , S t i n s o n , W a t e r s , R e e v e s N a y : 0 M O T I O N C A R R I E D M a y o r R e e v e s e x p l a i n e d t h e m o t i o n p a s s e d a n d i t a p p e a l e d h i s d e c i s i o n o f m o v i n g f o r w a r d w i t h a v o t e . C o m m i s s i o n e r S t i n s o n e x p l a i n e d h e s u p p o r t s C o m m i s s i o n e r H i l l ' s c o m m e n t a b o u t d e f e r r i n g u n t i l C o m m i s s i o n H a r d i n g i s h e r e a n d b e l i e v e s i t i s t h e p r o p e r t h i n g t o d o . C o m m i s s i o n e r H i l l e x p l a i n e d t h e r e i s a h i g h e r i n t e r e s t i n C o m m i s s i o n e r H a r d i n g ' s n e i g h b o r h o o d f o r t h i s t h a n s o m e o f t h e n e i g h b o r h o o d s i n o p p o s i t i o n t o i t a n d w o u l d l i k e t o h e a r f r o m C o m m i s s i o n e r H a r d i n g . T h e r e w a s a d i s c u s s i o n a b o u t t h e s t a t u s o f t h e m o t i o n s a n d w h a t w o u l d b e a l l o w e d . M o t i o n : D e f e r t h i s t o t h e n e x t s c h e d u l e d C o m m i s s i o n m e e t i n g . M o v e d b y H i l l , S e c o n d e d b y W a t e r s V o t e s : A y e : 4 - H i l l , S t i n s o n , W a t e r s , R e e v e s N a y : 0 M O T I O N C A R R I E D M a y o r R e e v e s s p o k e a b o u t h a v i n g t h e p u b l i c h e a r i n g o n J a n u a r y 9 , 2 0 1 7 a n d a s k e d t h e C i t y C l e r k t o a d v e r t i s e i t . D i s c u s s i o n e n s u e d a b o u t h o w m a n y r e a d i n g s w e r e n e c e s s a r y . C i t y A t t o r n e y D u r d e n e x p l a i n e d t h a t t h e r e w a s a r e a d i n g t o n i g h t , b u t t h a t t h e r e m u s t b e t w o t i m e s w h e r e y o u v o t e t o a c t u a l l y a d o p t t h e o r d i n a n c e , s o t h i s w i l l g o t o a t h i r d r e a d i n g . M a y o r R e e v e s r e i t e r a t e d t h a t h e w a n t s t h e p u b l i c h e a r i n g a d v e r t i s e d f o r J a n u a r y 9 , 2 0 1 7 . 8 . M i s c e l l a n e o u s B u s i n e s s ( D i s c u s s i o n o n l y ) A . O p t i o n s f o r t h e R e w r i t e o f t h e A t l a n t i c B e a c h L a n d D e v e l o p m e n t C o d e C i t y M a n a g e r V a n L i e r e e x p l a i n e d h e a s k e d M r . D e C a n d i s t o c o m e u p w i t h a p r o c e s s a n d t h e y w a n t t o g e t f e e d b a c k f r o m t h e C o m m i s s i o n r e g a r d i n g t h e i r e x p e c t a t i o n s . P l a n n i n g D i r e c t o r D r e w D e C a n d i s e x p l a i n e d h i s s t a f f r e p o r t a n d r e c o m m e n d e d O p t i o n 3 w h i c h i s t o r e w r i t e o n l y c h a p t e r s i d e n t i f i e d b y C i t y s t a f f , e l e c t e d l e a d e r s h i p a n d t h e p u b l i c a s n e e d i n g m o d i f i c a t i o n s . C o m m i s s i o n e r H i l l s u g g e s t e d u s i n g a d i g i t a l o u t r e a c h t o c o l l e c t i n p u t f r o m t h e c o m m u n i t y . C o m m i s s i o n e r W a t e r s p o i n t e d o u t t h a t p r e v i o u s d i s c u s s i o n s w e r e m o r e a b o u t a C o m p r e h e n s i v e C o d e R e v i e w a n d f i t s w i t h t h e C o m p r e h e n s i v e P l a n . C o m m i s s i o n e r S t i n s o n a n d M a y o r R e e v e s s p o k e i n s u p p o r t o f O p t i o n 1 . M r . D e C a n d i s a n s w e r e d q u e s t i o n s a b o u t t h e C o m p r e h e n s i v e P l a n E A R p r o c e s s . C o m m i s s i o n e r H i l l s t r o n g l y a d v o c a t e d t o k e e p t h e c i t i z e n s e n g a g e d i n t h i s p r o c e s s a n d e x p r e s s e d c o n c e r n s w i t h h i r i n g a c o n s u l t a n t . D i s c u s s i o n e n s u e d a b o u t h i r i n g a s h o r t - t e 1 m p l a n n e r f o r t h e p r o j e c t . C o m m i s s i o n e r W a t e r s s p o k e i n s u p p m i o f O p t i o n 1 a n d b e l i e v e s t h e d r i v e h a s t o b e w h a t c i t i z e n s w a n t . C i t y A t t o r n e y D u r d e n i n d i c a t e d t h a t t h e l e g a l r e v i e w n e e d s t o b e o n g o i n g . M a y o r R e e v e s e x p r e s s e d c o n c e r n a b o u t t h e l e g a l c o s t a n d a s k e d h o w t h e C o d e c a n b e w r i t t e n s o t h a t i t w i l l b e e a s y t o i n t e r p r e t . M r . D e C a n d i s e x p l a i n e d t h e p r o s a n d c o n s o f s i m p l i c i t y v s . c o m p l e x i t y . C o m m i s s i o n e r H i l l s p o k e a b o u t t h e c o n c e p t o f p u t t i n g m o r e a u t h o r i t y o n i n d i v i d u a l s m a k i n g d e c i s i o n s . I t e m 1 B J a n u a r y 9 , 2 0 1 7 D e c e m b e r 1 2 , 2 0 1 6 R E G U L A R C O M M I S S I O N M E E T I N G P a g e 1 0 M a y o r R e e v e s a s k e d f o r a d e c i s i o n o n w h a t t h e C o m m i s s i o n w a n t s t h e C i t y M a n a g e r t o m o v e f o r w a r d o n a n d c o m e b a c k t o u s a b o u t . C o m m i s s i o n e r H i l l w a n t s t o s e e a r o u g h e s t i m a t e o f t h e c o s t o f t h e p r o j e c t i n c l u d i n g l e g a l f e e s . A f t e r f u r t h e r d i s c u s s i o n , t h e c o n s e n s u s w a s t o d i r e c t t h e C i t y M a n a g e r t o b r i n g a r e p o r t b a c k f o r d i s c u s s i o n o n J a n u a r y 9 , 2 0 1 7 o n O p t i o n 1 , u s i n g i n - h o u s e s t a f f a n d i n c l u d i n g l e g a l r e v i e w c o s t s . M a y o r R e e v e s s u g g e s t e d t h a t s t a f f m e e t w i t h e a c h C o m m i s s i o n e r s e p a r a t e t o g e t t h e i r t h o u g h t s a n d a n s w e r a n y q u e s t i o n s t h e y m a y h a v e o n t h i s t o p i c . B . A g e n d a s / C o m m i s s i o n M e e t i n g s ( M a y o r R e e v e s ) ( T h i s i t e m w a s p u l l e d t o d i s c u s s a t a l a t e r d a t e w h e n a l l C o m m i s s i o n e r s a r e p r e s e n t ) . 9 . C i t y M a n a g e r A . 9 0 - D a y C a l e n d a r ( D e c e m b e r 2 0 1 6 t h r o u g h F e b r u a r y 2 0 1 7 ) C i t y M a n a g e r V a n L i e r e r e f e r r e d t o t h e 9 0 - d a y c a l e n d a r a n d a d v i s e d t h a t t h e J a n u a r y 2 1 , 2 0 1 7 T o w n H a l l m e e t i n g d o e s n o t h a v e a t o p i c . C i t y M a n a g e r V a n L i e r e r e p o r t e d o n t h e f o l l o w i n g t o p i c s : • A H u r r i c a n e M a t t h e w d e b r i e f i n g w a s h e l d l a s t w e e k w i t h t h e e m e r g e n c y p r e p a r e d n e s s g r o u p . • A t t o m e y B r i n t o n h a s b e e n i l l a n d h a s n o t p r o v i d e d h i s p r o p o s a l . H e h o p e s t o h a v e i t f o r t h e J a n u a r y 9 t h m e e t i n g . • P u b l i c S a f e t y p u t t o g e t h e r a n i n v e s t i g a t i v e r e p o r t r e g a r d i n g C o y o t e s w h i c h h e w i l l f o r w a r d t o e a c h o f t h e C o m m i s s i o n e r s f o r d i s c u s s i o n a t t h e n e x t m e e t i n g , u n l e s s t h e y w a n t t o d i s c u s s i t b e f o r e t h e n . • T h e r e i s a r e c e p t i o n f o r t h e 9 0 t h a n n i v e r s a r y s c h e d u l e d o n T h u r s d a y , D e c e m b e r 1 5 , 2 0 1 6 f r o m 5 p m t o 9 p m a t A d e l e G r a g e . • W i s h e d e v e r y o n e a M e n y C h r i s t m a s a n d H a p p y N e w Y e a r . 1 0 . R e p o r t s a n d / o r r e q u e s t s f r o m C i t y C o m m i s s i o n e r s a n d C i t y A t t o r n e y C i t y C l e r k B a r t l e • A s k e d f o r a t o p i c f o r t h e n e x t T o w n H a l l m e e t i n g b e i n g h e l d o n J a n u a r y 2 1 , 2 0 1 7 i n t h e C h a m b e r . M a y o r R e e v e s a s k e d t h a t t h e y l e t t h e C i t y C l e r k k n o w i f s o m e o n e t h i n k s o f s o m e t h i n g . • W i s h e d e v e r y o n e a M e n y C h r i s t m a s . C i t y A t t o r n e y D u r d e n • G a v e a n u p d a t e o n C l o i s t e r : A l l t h e d o c u m e n t s / p l e a d i n g s h a v e b e e n f i l e d w i t h t h e c o u r t a n d i t i s b a s i c a l l y i n t h e c o u r t s h a n d s n o w . T h e o u t s i d e c o u n s e l h a s n o t d e c i d e d w h e t h e r t o a s k f o r a n y o r a l a r g u m e n t i n t h a t p a r t i c u l a r c a s e y e t . S h e i s w a i t i n g f o r t h e m t o d e c i d e o n w h e t h e r t h e y t h i n k t h a t i s a p p r o p r i a t e a n d i f t h e y d e c i d e n o t t o p u r s u e a n y o r a l a r g u m e n t , t h e n i t w o u l d s t i l l j u s t b e i n t h e j u d g e ' s h a n d s a w a i t i n g a d e c i s i o n . • G a v e a n u p d a t e o n t h e A d e e b c a s e : T h e A d e e b g r o u p / B e a c h D i n e r v o l u n t a r i l y d i s m i s s e d t h e c o m p l a i n t c a s e a g a i n s t t h e C i t y ; h o w e v e r , t h e p e t i t i o n c a s e i s s t i l l p e n d i n g . W e h a v e a s k e d f o r o r a l a r g u m e n t i n t h a t c a s e a n d t o h e r k n o w l e d g e , a d a t e h a s n o t y e t b e e n s e t f o r t h a t . • R e p o r t e d t h e C h a m b e r h a s b e e n t e n t a t i v e l y r e s e r v e d f o r W e d n e s d a y , F e b r u a r y 1 s t f o r t r a i n i n g f o r t h e e l e c t e d a n d a p p o i n t e d o f f i c i a l s a n d w o u l d b e h e l d f r o m 3 : 3 0 p m t o a p p r o x i m a t e l y 7 : 3 0 p m . I t e m 1 B J a n u a r y 9 , 2 0 1 7 D e c e m b e r 1 2 , 2 0 1 6 R E G U L A R C O M M I S S I O N M E E T I N G P a g e 1 1 S h e e x p l a i n e d s h e h a s r e a c h e d o u t t o J a c k s o n v i l l e B e a c h s o f a r a n d p l a n s t o r e a c h o u t t o N e p t u n e B e a c h t o s e e i f t h e y w o u l d b e i n t e r e s t e d a n d w i l l n e e d t o c o n f i r m w h e t h e r t h e C h a m b e r c a n h o l d a l l t h e o f f i c i a l s . • R e p m i e d s h e l e f t a l i s t o f c u r r e n t m a t t e r s a n d t o p i c s t h a t s h e a n d t h e o t h e r a t t o r n e y s i n h e r f i n n h a s b e e n w o r k i n g o n . S h e a s k e d t h a t t h e y c a l l h e r i f t h e y h a v e a n y q u e s t i o n s . C o m m i s s i o n e r H i l l • E n c o u r a g e d s t a f f n o t t o i n s t a l l s p e e d b u m p s o n t h e p m i i o n o f B e a c h A v e n u e t h a t w a s m e n t i o n e d e a r l i e r . • E x p l a i n e d t h e l a c k o f p a r k i n g b e i n g s o m e w h a t i n t e n t i o n a l a t s o m e o f t h e n e i g h b o r h o o d p a r k s . C o m m i s s i o n e r W a t e r s • W i s h e d e v e r y o n e H a p p y H o l i d a y s . • T h a n k e d T i m m y J o h n s o n a n d h i s s t a f f f o r h e l p i n g w i t h t h e T r e e L i g h t i n g , t h e 9 0 t h y e a r c e l e b r a t i o n , a n d t h e l u m i n a r i a , i n p a r t n e r s h i p w i t h B e r k s h i r e H a t h a w a y . • A g r e e s t h a t t h e C i t y s h o u l d i n v e s t i g a t e t h e j u n k y a r d r e g a r d i n g t h e c o n c e r n s b r o u g h t u p e a r l i e r . C o m m i s s i o n e r S t i n s o n • E n c o u r a g e d p e o p l e t o t h i n k a b o u t t h e t r u e r e a s o n t o c e l e b r a t e C h r i s t m a s a n d r e a l i z e t h a t t h e t i m e s p e n t w i t h f a m i l y o n C h r i s t m a s E v e a n d C h r i s t m a s D a y i s p r i c e l e s s . H e w i s h e d e v e r y o n e t h e b e s t C h r i s t m a s t h e y ' v e e v e r h a d . M a y o r R e e v e s • R e p m i e d C o m m i s s i o n e r S t i n s o n w i l l b e r e p r e s e n t i n g h i m a t t h e B e a c h e s C h a m b e r B o a r d m e e t i n g o n W e d n e s d a y m o r n i n g s i n c e h e h a s a s c h e d u l i n g c o n f l i c t . • T h a n k e d e v e r y o n e i n v o l v e d i n t h e 9 0 t h a n n i v e r s a r y c e l e b r a t i o n . • S p o k e a b o u t C h r i s t m a s b e i n g a s p e c i a l t i m e f o r f a m i l y a n d w i s h e d e v e r y o n e a M e r r y C h r i s t m a s . A d j o u r n m e n t T h e r e b e i n g n o f u r t h e r d i s c u s s i o n , M a y o r R e e v e s d e c l a r e d t h e m e e t i n g a d j o u r n e d a t 1 0 : 2 3 p m . A T T E S T : M i t c h e l l E . R e e v e s M a y o r / P r e s i d i n g O f f i c e r D o n n a L . B a r t l e , C M C C i t y C l e r k I t e m 2 A J a n u a r y 9 , 2 0 1 7 C I T Y O F A T L A N T I C B E A C H C I T Y C O M M I S S I O N M E E T I N G S T A F F R E P O R T A G E N D A I T E M : C h e c k p r e s e n t a t i o n t o C o n t r i b u t i o n s t o A t l a n t i c B e a c h E l e m e n t a r y , B e a c h e s C o u n c i l f o r A g i n g , M a y p o r t M i d d l e S c h o o l , a n d B e a c h e s F i n e A r t s S U B M I T T E D B Y : T i m m y J o h n s o n , R e c r e a t i o n D i r e c t o r D A T E : D e c e m b e r 1 6 , 2 0 1 6 B A C K G R O U N D : I n p a s t y e a r s , t h e C i t y C o m m i s s i o n a p p r o v e d c i t y f u n d s f o r c o n t r i b u t i o n s t o c h a r i t a b l e , n o n p r o f i t , o r o t h e r w o r t h y c a u s e s d u r i n g t h e b u d g e t p r o c e s s . T h e f o l l o w i n g c o n t r i b u t i o n s w e r e a p p r o v e d f o r t h e 2 0 1 5 - 1 6 b u d g e t y e a r : 1 . A t l a n t i c B e a c h E l e m e n t a r y $ 1 5 , 5 0 0 T h i s f u n d i n g h a s e n a b l e d t h e s c h o o l t o p r o v i d e p r o g r a m s f o r t h e a f t e r - s c h o o l e n r i c h m e n t p r o g r a m a n d t h e s c h o o l ' s c u l t u r a l a r t s p r o g r a m ( i n s t r u c t o r s , s c h o l a r s h i p s , s u p p l i e s a n d v a r i o u s p e r f o r m a n c e s ) . 2 . B e a c h e s C o u n c i l f o r A g i n g ( D i a l a R i d e ) $ 1 , 5 0 0 P r o v i d e t r a n s p o r t a t i o n f o r s e n i o r s t o v a r i o u s l o c a t i o n s . 3 . M a y p o r t M i d d l e S c h o o l $ 1 2 , 0 0 0 T h e f u n d s a r e u s e d f o r s u m m e r t r a n s i t i o n c a m p s a n d y e a r - l o n g e n r i c h m e n t p r o g r a m s f o c u s o n p r e p a r i n g s t u d e n t s f o r t h e s o c i a l a n d a c a d e m i c c h a l l e n g e s t h e y w i l l e n c o u n t e r a t t h e n e x t g r a d e l e v e l . 4 . B e a c h e s F i n e A r t s $ 3 , 0 0 0 N o w i n i t s 4 4 t h s e a s o n , t h e B e a c h e s F i n e A r t s S e r i e s p r o v i d e s f r e e m u s i c a n d a r t p r o g r a m s t o t h e c o m m u n i t y . B U D G E T : F u n d s f o r c o n t r i b u t i o n s a r e b u d g e t e d i n a c c o u n t n u m b e r 0 0 1 - 6 0 1 0 - 5 7 2 - 4 9 - 0 1 . R E C O M M E N D A T I O N : P r e s e n t t h e o r g a n i z a t i o n s t h e c o n t r i b u ~ i o n . A P P R O V E D B Y T H E C I T Y M A N A G E R ; _ - r ! . _ ; ; _ . . ! . : • ; , _ f h _ _ _ ; ; ; , ; ; a . . - z . _ ; ; , _ , : : : : ; , ( o ? t : ; , . ; . , ; ~ ; , _ _ ; = - - - - - - - - - - I t e m 3 A J a n u a r y 9 , 2 0 1 7 C I T Y O F A T L A N T I C B E A C H C I T Y C O M M I S S I O N M E E T I N G S T A F F R E P O R T A G E N D A I T E M : R e v i e w o f S t r e e t S w e e p i n g A c t i v i t i e s w i t h i n t h e C i t y o f A t l a n t i c B e a c h D A T E : D e c e m b e r 2 7 , 2 0 1 6 S U B M I T T E D B Y : D o n a l d D . J a c o b o v i t z , P . E . , P u b l i c W o r k s D i r e c t o r B A C K G R O U N D : C o m m i s s i o n e r S t i n s o n b r o u g h t S t r e e t S w e e p i n g a c t i v i t i e s t o t h e a t t e n t i o n o f t h e C i t y C o m m i s s i o n a t t h e l a s t c o m m i s s i o n m e e t i n g s t a t i n g t h e r e h a v e b e e n s e v e r a l c o m p l a i n t s a b o u t t h e w a y s t r e e t s w e e p i n g h a s b e e n d o n e , a n d h e r e q u e s t e d a r e v i e w o f t h e s e a c t i v i t i e s a n d t h e a b i l i t y o f o u r c u r r e n t S t r e e t S w e e p i n g c o n t r a c t o r , U S A S e r v i c e s , I n c . , ( U S A ) t o c o n t i n u e t o p e r f o n n t h e s e d u t i e s . H e r e q u e s t e d t h i s r e v i e w t o b e c o n d u c t e d w i t h i n t h e n e x t 3 0 d a y s a n d a r e p o r t t o b e p r o v i d e d t o t h e C i t y C o m m i s s i o n . B U D G E T : $ 3 0 , 0 0 0 ( A n n u a l l y ) R E C O M M E N D A T I O N S : l h a v e r e v i e w e d t h e S t r e e t S w e e p i n g o p e r a t i o n s w i t h i n t h e C i t y p e r f o n n e d b y U S A S e r v i c e s , I n c . , a u d I o f f e r t h e f o l l o w i n g c o m m e n t s : 1 . U S A h a s n o t c o n d u c t e d a s w e e p i n g o f t h e C i t y s t r e e t s s i n c e t h e l a s t C i t y C o m m i s s i o n m e e t i n g . T h e r e f o r e , I h a v e b e e n u n a b l e t o r e v i e w t h e i r S t r e e t S w e e p i n g p e r f o r m a n c e w i t h i n t h e C i t y . 2 . T h e C i t y D O E S r e c e i v e G P S t r a c k i n g r e p o r t s f T o m t h e c o n t r a c t o r t h e d a y a f t e r e a c h s w e e p i n g c o n d u c t e d i n t h e C i t y . T h e s e r e p o r t s c o n t a i n t h e f o l l o w i n g i n f o n n a t i o n : a . G P S l o c a t i o n s o f t h e s t r e e t s w e e p e r a t o n e m i n u t e i n c r e m e n t s . b . S p e e d o f t h e S w e e p e r a t t h e s e t i m e s . c . I n f o r m a t i o n w h e t h e r o r n o t t h e b r u s h e s a r e s p i n n i n g a n d d o w n a t t h e s e t i m e s . d . I n f o r m a t i o n w h e t h e r o r n o t t h e w a t e r i s t u r n e d o n a t t h e s e t i m e s . e . l n f o n n a t i o n a b o u t t h e o p e r a t o r , l i g h t s , e n g i n e , e t c . 3 . T h e C i t y c a n p o s t t h i s G P S t r a c k i n g l o c a t i o n i n f o t m a t i o n w h e n i t i s r e c e i v e d f r o m U S A f o l l o w i n g e a c h s w e e p i n g . U S A i s n o t a b l e t o p r o v i d e t h i s i n f o n n a t i o n o n a " r e a l - t i m e " b a s i s . 4 . U S A h a s b r o k e n t h e C i t y i n t o " s e c t o r s " w h e r e t h e i r s w e e p i n g i s p e r f o r m e d . U S A p r o v i d e s u s w i t h i n f o r m a t i o n e a c h m o n t h b e f o r e t h e y a r r i v e a b o u t w h i c h s e c t o r s t h e y p l a n t o s w e e p t h e f o l l o w i n g d a y . W e c a n m a k e t h a t i n f o r m a t i o n a v a i l a b l e o n o u r w e b s i t e . 5 . T h e U S A s w e e p e r o p e r a t o r h a s h a d t o l e a v e t h e C i t y e a c h t i m e i t w a s n e c e s s a r y f o r h i m t o r e f i l l h i s w a t e r t a n k s . T o s a v e t i m e , h e s o m e t i m e s r a n t h e s w e e p e r " d r y " . T h i s s a v e d t i m e , b u t i t r e s u l t e d i n l e a v i n g a c l o u d o f d u s t b e h i n d t h e s w e e p e r . W e w i l l i s s u e U S A a C i t y o f A t l a n t i c B e a c h w a t e r m e t e r t o u s e o n t h e i r s w e e p e r s o t h e r e i s n o n e e d t o l e a v e t h e C i t y t o r e f i l l t h e s w e e p e r ' s w a t e r t a n k . 6 . 1 p e r s o n a l l y i n s p e c t e d t h e U S A f a c i l i t i e s i n w e s t J a c k s o n v i l l e a n d m e t w i t h t h e i r l o c a l S u p e r v i s o r , J o h n C l a r k . I t o u r e d t h e i r f a c i l i t y a n d s a w w h e r e t h e y m a i n t a i n e d t h e s w e e p e r u s e d i n t h e C i t y a s w e l l a s t h e o t h e r s w e e p e r s t h e y o p e r a t e . M r . C l a r k t o o k m e I t e m 3 A J a n u a r y 9 , 2 0 1 7 o n a p r a c t i c e r u n w i t h t h e a c t u a l s w e e p e r t h a t i s u s e d i n o u r C i t y . T h i s E l g i n s w e e p e r d o e s m e e t a l l t h e P M 1 0 r e q u i r e m e n t s o f o u r c o n t r a c t . M r . C l a r k s h o w e d m e t h e v a r i o u s c a p a b i l i t i e s o f t h e m a c h i n e . W h i l e I w a s i n t h e m a c h i n e w i t h h i m , h e s h o w e d m e t h e v a r i o u s i n s t r u m e n t s a n d h o w t h e y c o n t r o l l e d t h e m a c h i n e . F o r e x a m p l e , h e s w e p t w i t h a n d w i t h o u t w a t e r , o v e r v a r i o u s d e p t h s o f d e b r i s , a c r o s s f l a t a n d v a r i e d t c n a i n , a n d a r o u n d v a r i o u s r a d i i . H e e v e n s h o w e d m e h o w t h e m a c h i n e e m p t i e s . 7 . W i t h u s p o s t i n g o f t h e i n f o n n a t i o n p r o v i d e d b y U S A , a n d w i t h t h e m c o n s i s t e n t l y u s i n g w a t e r w h i l e t h e y s w e e p o u r C i t y s t r e e t s , I f e e l t h e r e w i l l b e a b e t t e r p u b l i c i m p r e s s i o n o f t h e S t r e e t S w e e p i n g s e r v i c e s p r o v i d e d b y U S A . I w i l l p r o v i d e a n o t h e r S t a f f R e p o r t " R e v i e w " o f U S A ' s S t r e e t S w e e p i n g a f t e r t h e y h a v e s w e p t o u r C i t y s t r e e t s a t a f u t u r e C i t y C o m m i s s i o n m e e t i n g . A T T A C H M E N T : N o n e Item 4A January 9, 2017 Building Department Monthly Activity Report Permits Issued FY2016 FY2017 YTD Single Family/SF Attached 112 25 Duplex 1 0 Multi Family 1 0 Residential Addition 53 9 Commercial New 7 0 Commerical Addition 1 0 Other 2556 394 TOTAL 2731 428 Permits Issued November 2016 ---------Building No. Issued Permit Fees Single Family/SF Attached 10 $9,472.32 Duplex/ Multi-Family 0 $0.00 Residential Addition 5 $1,009.36 Res. Alteration/ Other 7 $1,733.52 Commercial New 0 $0.00 Commercial Addition 0 $0.00 Comm . Alteration/ Other 0 $0.00 Demolition 4 $610.00 Swimming Pool 4 $922.00 Roof 40 $3,792.27 Driveway/ ROW 2 $70.00 Fence/ Wall/ Barrier 7 $210.00 Electrical 47 $5,073.80 Mechanical 39 $3,951.00 Plumbing 22 $4,311.00 Sign 0 $0.00 Res. Accessory Structure 1 $235.50 Fire 0 $0.00 Shed 0 $0.00 Other Misc. 15 $1,003 .17 TOTAL 203 $32,393.94 November 2016 Building Permit Fees Construction Value Inspections FY2016 FY2017 YTD FY2016 FY2017YTD $129,918.23 $30,264 .65 $38,690,936.00 $9,408,272.00 Building $0.00 $0.00 $0.00 $0.00 Plumbing $0.00 $0.00 $0.00 $0.00 Mechanical $16,902.21 $1,528.54 $4,130,721.00 $215,706.00 Electrical $6,068.85 $0.00 $2,354,105.00 $0.00 Roof $140.00 $0.00 $18,000.00 $0.00 Other $261,956.99 $41,299.63 $23,765,152.52 $3,500,579.12 TOTAL $414,986.28 $73,092.82 $68,958,914.52 $13,124,557.12 Construction Fees Collected November 2016 Value $2,956,537.00 Re-lnspection Fees $330.00 $0.00 State Surcharges $1,083.70 $151,871.00 10% City Retained Surcharge Fees $108.37 $333,680.00 $0.00 Inspections November 2016 $0.00 $0.00 Buildin g 305 $39,400.00 Plumbing 65 $144,400.00 Mechanical 65 $358,443.66 Electrical 65 $0.00 Roof 72 $19,881.00 Other 6 $114,525.00 TOTAL 578 $1,228,748.00 $105,065.00 Residential Projects to Note: $0.00 $37,100.00 $0.00 $0.00 Commercial Projects to Note: $50,577 .32 $5,540,227.98 FY2016 FY2017 YTD 3327 589 919 146 817 131 1008 164 797 132 97 16 6965 1178 I t e m 4 A J a n u a r y 9 , 2 0 1 7 C i t y o f A t l a n t i c B e a c h F I N A N C I A L R E P O R T N o v e m b e r 2 0 1 6 C a s h B a l a n c e s F u n d ( s ) P r i o r 1 0 / 3 1 / 1 6 C u r r e n t 1 1 / 3 0 / 1 6 D o l l a r C h a n g e P e r c e n t C h a n g e G e n e r a l T r e e R e p l a c e m e n t C o n v e n t i o n D e v e l o p m e n t T a x L o c a l O p t i o n G a s T a x B e t t e r J a x 1 / 2 C e n t S a l e s T a x P o l i c e T r a i n i n g , F o r f e i t u r e , G r a n t s , e t c . C a p i t a l P r o j e c t s U t i l i t y S a n i t a t i o n B u i l d i n g C o d e E n f o r c e m e n t S t o r m W a t e r P e n s i o n - P o l i c e P e n s i o n - G e n e r a l T o t a l $ 7 , 5 1 9 , 5 9 5 2 7 , 6 8 0 1 1 1 , 5 5 3 1 9 7 , 6 4 5 6 0 9 , 5 7 4 1 2 9 , 1 7 8 3 , 3 4 6 , 6 5 5 6 , 9 7 5 , 1 0 3 6 8 1 , 7 8 3 4 7 8 , 7 8 8 1 , 8 3 1 , 0 2 6 1 7 3 , 3 0 1 1 2 0 7 1 5 $ 2 2 , 2 0 2 , 5 9 6 $ $ 6 , 7 6 9 , 0 4 0 2 7 , 6 8 0 1 1 1 , 5 5 3 2 3 7 , 3 1 4 6 4 2 , 6 5 4 1 2 9 , 6 6 9 2 , 9 0 5 , 7 5 7 6 , 4 2 9 , 3 0 8 6 0 3 , 2 4 8 5 0 3 , 5 3 6 1 , 7 4 1 , 0 6 2 2 3 1 , 5 8 1 1 2 3 , 2 2 7 2 0 , 4 5 5 , 6 2 9 $ $ { 7 5 0 , 5 5 5 ) 3 9 , 6 6 9 3 3 , 0 8 0 4 9 1 ( 4 4 0 , 8 9 8 ) ( 5 4 5 , 7 9 5 ) ( 7 8 , 5 3 5 ) 2 4 , 7 4 8 ( 8 9 , 9 6 4 ) 5 8 , 2 8 0 2 , 5 1 2 ( 1 , 7 4 6 , 9 6 7 ) - 9 . 9 8 % 0 . 0 0 % 0 . 0 0 % 2 0 . 0 7 % 5 . 4 3 % 0 . 3 8 % - 1 3 . 1 7 % - 7 . 8 2 % - 1 1 . 5 2 % 5 . 1 7 % - 4 . 9 1 % 3 3 . 6 3 % 2 . 0 8 % - 7 . 8 7 % T o t a l R e s t r i c t e d C a s h 7 , 4 6 2 , 6 5 6 T o t a l U n r e s t r i c t e d C a s h $ 1 2 , 9 9 2 , 9 7 3 C a s h a n d I n v e s t m e n t s A c c o u n t P r i o r 1 0 / 3 1 / 1 6 C u r r e n t 1 1 / 3 0 / 1 6 D o l l a r C h a n g e P e r c e n t C h a n g e B a n k o f A m e r i c a - D e p o s i t o r y D e l a w a r e L i m i t e d - T e r m D i v e r s i f i e d I n c A G l o b a l X G o l d E x p l o r e r s E T F l n v e s c o F l o a t i n g R a t e A V o y a S h o r t T e r m B o n d F u n d C l a s s A M S S B M o n e y M a r k e t / C a s h S B A - F l o r i d a P r i m e C a s h o n H a n d S u b t o t a l $ 6 , 0 7 7 , 0 5 3 2 , 5 5 5 , 6 0 2 4 , 3 0 9 , 1 5 2 7 7 5 , 7 6 0 4 , 2 1 9 , 2 5 7 4 , 2 3 9 , 7 0 3 2 2 , 9 1 9 3 1 5 0 $ 2 2 , 2 0 2 , 5 9 6 $ $ 4 , 3 5 7 , 7 6 9 2 , 5 3 8 , 8 3 5 4 , 3 1 0 , 9 4 5 7 7 8 , 6 3 0 4 , 2 0 3 , 6 0 7 4 , 2 3 9 , 7 7 4 2 2 , 9 1 9 3 , 1 5 0 2 0 , 4 5 5 , 6 2 9 $ $ ( 1 , 7 1 9 , 2 8 4 ) ( 1 6 , 7 6 7 ) 1 , 7 9 3 2 , 8 7 0 { 1 5 , 6 5 0 ) 7 1 ( 1 , 7 4 6 , 9 6 7 ) - 2 8 . 2 9 % - 0 . 6 6 % 0 . 0 4 % 0 . 3 7 % - 0 . 3 7 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % - 7 . 8 7 % P o l i c e P e n s i o n I n v e s t m e n t s G e n e r a l P e n s i o n I n v e s t m e n t s S u b t o t a l $ 9 , 1 4 3 , 8 3 4 1 6 , 0 1 0 , 9 0 1 $ 2 5 , 1 5 4 , 7 3 5 $ $ 9 , 2 5 7 , 5 1 9 1 6 , 3 1 7 , 8 6 7 2 5 , 5 7 5 , 3 8 6 $ $ 1 1 3 , 6 8 6 3 0 6 , 9 6 5 4 2 0 , 6 5 1 1 . 2 4 % 1 . 9 2 % 1 . 6 7 % T o t a l $ 4 7 , 3 5 7 , 3 3 0 $ 4 6 , 0 3 1 , 0 1 5 $ { 1 , 3 2 6 , 3 1 6 ) - 2 . 8 0 % C i t y o f A t l a n t i c B e a c h F I N A N C I A L R E P O R T N o v e m b e r 2 0 1 6 R e v e n u e s F u n d I ( F o o t n o t e ) A n n u a l E s t i m a t e Y T D E s t i m a t e Y T D A c t u a l D o l l a r V a r i a n c e P e r c e n t V a r i a n c e G e n e r a l C o n v e n t i o n D e v e l o p m e n t T a x L o c a l O p t i o n G a s T a x B e t t e r J a x 1 / 2 C t S a l e s T a x P o l i c e T r a i n i n g , F o r f e i t u r e & G r a n t s G r a n t s - C D B G C a p i t a l P r o j e c t s U t i l i t y S a n i t a t i o n B u i l d i n g C o d e E n f o r c e m e n t S t o r m W a t e r P e n s i o n - P o l i c e P e n s i o n - G e n e r a l T o t a l $ 1 2 , 2 8 1 , 8 8 5 1 0 7 , 6 1 9 4 8 3 , 7 9 8 8 0 2 , 2 1 5 1 3 4 , 1 0 7 8 2 , 0 0 0 3 2 6 , 1 0 0 9 , 0 2 1 , 8 3 5 1 , 8 4 1 , 4 8 7 4 5 9 , 2 5 0 1 ' 1 8 5 , 2 0 8 1 , 6 1 2 , 2 6 1 2 , 4 3 9 , 1 6 5 $ 3 0 , 7 7 6 , 9 3 0 $ 2 , 0 4 6 , 8 9 8 1 7 , 9 3 6 8 0 , 6 3 0 1 3 3 , 7 0 0 2 2 , 3 4 4 1 3 , 6 6 6 5 4 , 3 4 8 1 , 5 0 3 , 6 1 4 3 0 6 , 9 1 2 7 6 , 5 3 4 1 9 7 , 5 3 2 2 6 8 , 7 0 4 4 0 6 , 5 2 6 $ 5 , 1 2 9 , 3 4 4 $ 1 , 9 8 9 , 7 4 3 7 8 , 0 0 3 1 3 8 , 1 8 6 2 0 , 2 8 6 6 5 , 1 3 3 5 6 , 7 9 5 1 , 4 8 4 , 4 2 6 3 1 5 , 1 8 4 9 2 , 3 6 5 1 9 8 , 7 4 2 1 7 4 , 3 6 8 1 9 1 , 3 2 9 $ 4 , 8 0 4 , 5 6 0 $ $ ( 5 7 , 1 5 5 ) ( 1 7 , 9 3 6 ) ( 2 , 6 2 7 ) 4 , 4 8 6 ( 2 , 0 5 8 ) 5 1 , 4 6 7 2 , 4 4 7 ( 1 9 , 1 8 8 ) 8 , 2 7 2 1 5 , 8 3 1 1 , 2 1 0 ( 9 4 , 3 3 6 ) ( 2 1 5 , 1 9 7 ) ( 3 2 4 , 7 8 4 ) - 2 . 7 9 % - 1 0 0 . 0 0 % - 3 . 2 6 % 3 . 3 6 % - 9 . 2 1 % 3 7 6 . 6 1 % 4 . 5 0 % - 1 . 2 8 % 2 . 7 0 % 2 0 . 6 8 % 0 . 6 1 % - 3 5 . 1 1 % - 5 2 . 9 4 % - 6 . 3 3 % A n a l y s i s o f M a j o r V a r i a n c e s I n g e n e r a l , t h e m a j o r v a r i a n c e s a r e c r e a t e d w h e n t h e a c t u a l f u n d s r e c e i v e d - t o - d a t e a r e d i f f e r e n t f r o m t h e p e r c e n t a g e o f t h e b u d g e t e l a p s e d - t o - d a t e . H i g h l i g h t e d v a r i a n c e e x p l a n a t i o n s f o l l o w : P e n s i o n F u n d s r e f l e c t e d n e g a t i v e v a r i a n c e s o f $ 9 4 , 3 3 6 a n d $ 2 1 5 , 1 9 7 . T h i s v a r i a n c e i s a r e s u l t o f m a r k e t p e r f o r m a n c e b e l o w t h e 7 % a s s u m e d r a t e o f r e t u r n o n N o v e m b e r 3 Q t h . A s o f t h e p r i n t i n g o f t h i s r e p o r t , t h e P o l i c e P l a n h a s a p o s i t i v e r e t u r n o f $ 1 4 0 , 8 1 4 1 . 6 7 % a n d t h e G e n e r a l P l a n h a s a p o s i t i v e r e t u r n o f $ 2 8 9 , 2 4 4 1 . 7 7 % . I t e m 4 A J a n u a r y 9 , 2 0 1 7 I t e m 4 A J a n u a r y 9 , 2 0 1 7 C i t y o f A t l a n t i c B e a c h F I N A N C I A L R E P O R T N o v e m b e r 2 0 1 6 E x p e n s e s A n n u a l Y T D Y T D D o l l a r P e r c e n t D e p a r t m e n t E s t i m a t e E s t i m a t e A c t u a l V a r i a n c e V a r i a n c e G o v e r n i n g B o d y $ 4 8 , 0 7 9 $ 8 , 0 0 6 $ 6 , 9 0 8 $ 1 , 0 9 8 1 3 . 7 1 % C i t y A d m i n i s t r a t i o n 2 , 6 6 4 , 3 7 9 4 4 3 , 9 8 2 3 8 0 , 9 9 0 6 2 , 9 9 2 1 4 . 1 9 % G e n e r a l G o v e r n m e n t 4 , 9 3 4 , 3 6 9 8 2 2 , 3 6 0 4 0 7 , 3 0 9 4 1 5 , 0 5 1 5 0 . 4 7 % P l a n n i n g a n d B u i l d i n g 1 , 0 9 0 , 1 6 6 1 8 1 , 6 4 2 2 5 5 , 2 7 1 ( 7 3 , 6 2 9 ) - 4 0 . 5 4 % P u b l i c S a f e t y 5 , 9 7 7 , 6 0 0 9 9 6 , 1 8 0 6 4 7 , 4 0 8 3 4 8 , 7 7 2 3 5 . 0 1 % R e c r e a t i o n a n d B e a u t i f i c a t i o n 1 , 3 4 7 , 6 4 3 2 2 4 , 5 5 4 1 9 2 , 2 4 7 3 2 , 3 0 7 1 4 . 3 9 % P u b l i c W o r k s 6 , 4 4 6 , 4 6 8 1 , 0 7 4 , 3 1 6 8 1 3 , 4 4 4 2 6 0 , 8 7 2 2 4 . 2 8 % P u b l i c U t i l i t i e s 1 1 , 0 4 4 , 2 0 2 1 , 8 4 0 , 5 8 2 2 , 1 4 3 , 2 4 4 ( 3 0 2 , 6 6 2 ) - 1 6 . 4 4 % P e n s i o n - P o l i c e 7 5 1 , 2 5 3 1 2 5 , 1 9 8 1 1 6 , 0 8 8 9 , 1 1 0 7 . 2 8 % P e n s i o n - G e n e r a l 1 , 2 0 8 , 1 5 6 2 0 1 , 3 5 0 1 8 8 , 8 1 7 1 2 , 5 3 3 6 . 2 2 % T o t a l = $ ~ = : : : ; 3 ; ; ; ; 5 4 , ; : , 5 ; , ; 1 ; ; ; ; 2 , ~ 3 ~ 1 5 ~ ~ $ = = . ; ; ; 5 4 , ; ; , 9 ; , ; 1 ~ 8 , : : ; , 1 7 ; , ; 0 ~ ~ $ = = = : : : 5 ~ · ~ 1 5 ; ; , ; 1 ~ , 7 . ; ; ; 2 ; , ; , 6 = ~ $ ~ = = = 7 = 6 = : l 6 , = 4 4 = 4 = = = = = = = 1 2 = . 9 = 5 = = = % A n n u a l Y T D Y T D D o l l a r P e r c e n t R e s o u r c e A l l o c a t i o n E s t i m a t e E s t i m a t e A c t u a l V a r i a n c e V a r i a n c e P e r s o n n e l S e r v i c e s $ 1 0 , 4 8 2 , 6 3 3 $ 1 , 7 4 6 , 8 7 8 $ 1 , 5 2 8 , 2 4 8 $ 2 1 8 , 6 3 0 1 2 . 5 2 % O p e r a t i n g E x p e n s e s 1 1 , 9 5 4 , 7 0 6 1 , 9 9 2 , 1 7 2 1 , 3 9 1 , 6 9 8 6 0 0 , 4 7 4 3 0 . 1 4 % C a p i t a l O u t l a y 9 , 0 5 4 , 5 2 1 1 , 5 0 9 , 0 6 4 5 9 2 , 6 0 3 9 1 6 , 4 6 1 6 0 . 7 3 % D e b t S e r v i c e 2 , 0 0 8 , 1 9 0 3 3 4 , 6 9 0 1 , 3 0 9 , 9 3 5 ( 9 7 5 , 2 4 5 ) - 2 9 1 . 3 9 % G r a n t s a n d A i d s 3 6 , 8 2 0 6 , 1 3 4 6 , 1 3 4 1 0 0 . 0 0 % T r a n s f e r s 1 , 9 7 5 , 4 4 5 3 2 9 , 2 3 2 3 2 9 , 2 4 2 ( 1 0 ) 0 . 0 0 % T o t a l $ 3 5 , 5 1 2 , 3 1 5 $ 5 , 9 1 8 , 1 7 0 $ 5 , 1 5 1 , 7 2 6 $ 7 6 6 , 4 4 4 1 2 . 9 5 % A n a l y s i s o f M a j o r V a r i a n c e s I n g e n e r a l , t h e m a j o r v a r i a n c e s a r e a r e s u l t o f t i m i n g d i f f e r e n c e s c r e a t e d b e t w e e n t h e p e r c e n t a g e o f b u d g e t e l a p s e d - t o - d a t e a n d a c t u a l e x p e n d i t u r e s . H i g h l i g h t e d v a r i a n c e e x p l a n a t i o n s f o l l o w : G e n e r a l G o v e r n m e n t h a d a p o s i t i v e v a r i a n c e o f $ 4 1 5 , 0 5 1 . M o s t o f t h e v a r i a n c e i s t h e r e s u l t o f p r o j e c t a c t i v i t y b u d g e t e d t h a t h a s n o t b e e n s t a r t e d / c o m p l e t e d - s e e P r o j e c t A c t i v i t y S c h e d u l e . P u b l i c S a f e t y h a d a p o s i t i v e v a r i a n c e o f $ 3 4 8 , 7 7 2 . M a j o r i t y o f t h e v a r i a n c e c o n s i s t s o f p o s i t i v e v a r i a n c e s i n S a l a r i e s , t h e C i t y o f J a c k s o n v i l l e F i r e C o n t r a c t t h a t i s b i l l e d q u a r t e r l y a n d t h e P u b l i c S a f e t y B u i l d i n g P r o j e c t . P u b l i c W o r k s h a d a p o s i t i v e v a r i a n c e o f $ 2 6 0 , 8 7 2 . M o s t o f t h e v a r i a n c e i s t h e r e s u l t o f p r o j e c t a c t i v i t y b u d g e t e d t h a t h a s n o t b e e n s t a r t e d / c o m p l e t e d - s e e P r o j e c t A c t i v i t y S c h e d u l e . P u b l i c U t i l i t i e s h a d a n e g a t i v e v a r i a n c e o f $ 3 0 2 , 6 6 2 v a r i a n c e f o r t h e p e r i o d . T h i s v a r i a n c e i s t h e r e s u l t o f t h e l a r g e s t d e b t p a y m e n t b e i n g m a d e o n O c t o b e r 1 " 1 • P a y r o l l S e r v i c e s h a d a p o s i t i v e v a r i a n c e o f $ 2 1 8 , 6 3 0 . T h e b a l a n c e i s a r e s u l t o f v a c a n t p o s i t i o n s . O p e r a t i n g E x p e n s e s h a d a p o s i t i v e v a r i a n c e o f $ 6 0 0 , 4 7 4 . V a r i o u s c o n t r a c t u a l s e r v i c e s c o n t r i b u t e t o t h i s b a l a n c e . T h e l a r g e s t c o n t r a c t s a r e t h e F i r e C o n t r a c t ( C O J ) , S a n i t a t i o n C o n t r a c t , a n d R o a d P a v i n g . C a p i t a l O u t l a y h a d a p o s i t i v e v a r i a n c e o f $ 9 1 6 , 4 6 1 . M o s t o f t h e c a p i t a l a n d p r o j e c t e x p e n d i t u r e s o c c u r i n t h e m i d d l e t o l a t t e r p a r t o f t h e f i s c a l y e a r - s e e P r o j e c t A c t i v i t y S c h e d u l e . D e b t S e r v i c e h a d a n e g a t i v e v a r i a n c e o f $ 9 7 5 , 2 4 5 . T h i s v a r i a n c e i s t h e r e s u l t o f t h e l a r g e s t a n n u a l d e b t p a y m e n t b e i n g m a d e o n O c t o b e r 1 " 1 • I t e m 4 A J a n u a r y 9 , 2 0 1 7 P r o j e c t A c t i v i t y - C u r r e n t Y e a r A c t i v i t y O n l y P r o j e c t N a m e P r o j e c t N u m b e r B u d g e t Y T D A c t u a l G e n e r a l G o v e r n m e n t R U S S E L L P K R E N O V A T I O N B U L L P K P L A Y G R N D E Q U I P M T D U T T O N I S L E R D I M P R O V M E N T J O R D A N P A R K B A T H R O O M U P G R A D E P M 1 5 0 1 P M 1 5 0 4 P M 1 5 0 5 P M 1 7 0 1 $ 1 6 2 , 3 8 0 5 0 , 8 8 0 4 2 , 2 3 4 1 0 , 0 0 0 $ 5 , 9 4 0 J O R D A N & D O N N E R P L A Y G R O U N D I M P R O V E M E N T S F O R A P M 1 7 0 2 8 2 , 0 0 0 D E C K A N D B I K E R A C K ( P O E ' S ) P M 1 7 0 3 4 0 , 0 0 0 R U S S E L L P A R K T E N N I S C O U R T S P M 1 7 0 4 1 2 5 , 0 0 0 S H A D E S T R U C T U R E · S U N S E T P I E R P M 1 7 0 5 3 0 , 0 0 0 C I T Y E V E N T S I G N · M A Y P O R T C O R R I D O R P M 1 7 0 6 3 , 0 0 0 L I F E G U A R D S T A T I O N I M P R O V E M E N T S P M 1 7 0 7 9 0 , 0 0 0 N E W P O L I C E B L D G - D E S / C O N S T P S 1 5 0 1 5 , 3 3 5 , 4 3 5 2 0 7 , 7 9 1 N E W P O L I C E B L D G - T E C H N I O L O G Y A N D F I X T U R E S P S 1 7 0 1 1 5 0 , 0 0 0 S A L T A I R / S T U R D I V A N S I D E W L K P W 1 4 0 6 2 S E M I N O L E S T R E E T S C A P E 1 P W 1 4 0 7 2 6 1 , 3 8 3 M A R S H P R O J E C T P E D P A T H P W 1 4 0 8 3 3 , 4 5 9 T O W N C E N T E R I M P R D E C K & B R P W 1 6 0 1 4 0 , 0 0 0 V E T P A R K P L A Y S E T P W 1 6 0 2 4 0 , 0 0 0 M A R S H P R E S E R V E P A T H P H Z - 1 P W 1 6 0 3 4 2 , 7 1 4 H U R R I C A N E M A T T H E W S 1 6 M A T 2 6 0 , 3 4 6 S u b t o t a l $ 6 , 5 3 8 , 4 8 7 $ 4 7 4 , 0 7 8 P l a n i n g , Z o n i n g & B u i l d i n g F R A N C I S A V E D R A I N A G E I M P R P W 1 5 0 2 8 5 0 , 0 5 6 1 6 1 , 2 2 5 S u b t o t a l $ 8 5 0 , 0 5 6 $ 1 6 1 , 2 2 5 P u b l i c W o r k s : S E M I N O L E S T R E E T S C A P E 1 P W 1 4 0 7 $ 6 8 0 $ S A L T A I R D R A I N A G E U P G R A D E P W 1 4 1 1 ( 2 ) S E S E M I N O L E R D D R A I N I M P R P W 1 4 1 2 6 5 0 , 0 0 0 6 - B A Y P A R T I A L L Y C L O S E D C A R P O R T P W 1 7 0 1 7 5 , 0 0 0 S I D E W A L K A N D S T R E E T I M P R O V E M E N T S P W 1 7 0 2 1 0 0 , 0 0 0 D I G I T A L L I G H T I N G A T P E D E S T R I A N C R O S S I N G P W 1 7 0 3 1 1 , 0 0 0 L A N D • E A S E M E N T S P W 1 7 0 4 5 , 0 0 0 A Q U A T I C G A R D E N S P O N D I M P R O V E M E N T S P W 1 7 0 5 2 5 0 , 0 0 0 J A S M I N E P O N D B A N K R E S T O R A T I O N P W 1 7 0 6 1 0 0 , 0 0 0 S E M I N O L E R D P W 1 7 0 7 2 5 0 , 0 0 0 S W M P U P R O J E C T - W E S T P L A Z A @ C A R N A T I O N P W 1 7 0 8 1 3 5 , 0 0 0 S A L T A I R N E I G H B O R H O O D D R A I N A G E I M P R O V E M E N T S P W 1 7 1 1 2 5 0 , 0 0 0 S O U T H E N D O F S E M I N O L E R D . D R A I N A G E C I P • P W 1 7 1 2 6 5 0 , 0 0 0 S u b t o t a l $ 6 5 0 , 6 7 8 $ P u b l i c U t i l i t i e s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u b t o t a l $ 5 , 1 9 8 , 6 7 6 $ 1 9 7 , 1 4 2 T o t a l $ 1 3 , 2 3 7 , 8 9 7 $ 8 3 2 , 4 4 5 Y T D E n c u m b r a n c e s B a l a n c e $ 2 , 3 8 0 $ 1 6 0 , 0 0 0 9 , 9 4 0 3 5 , 0 0 0 1 7 , 2 3 4 2 5 , 0 0 0 1 0 , 0 0 0 8 2 , 0 0 0 4 0 , 0 0 0 1 2 5 , 0 0 0 3 0 , 0 0 0 3 , 0 0 0 9 0 , 0 0 0 2 , 1 0 0 , 2 6 8 3 , 0 2 7 , 3 7 6 1 5 0 , 0 0 0 2 1 1 , 3 8 3 2 5 0 , 0 0 0 3 3 , 4 5 9 4 0 , 0 0 0 4 0 , 0 0 0 4 2 , 7 1 4 0 3 7 4 , 7 0 1 ( 6 3 5 , 0 4 7 ) $ 2 , 5 9 2 , 0 8 0 $ 3 , 4 7 2 , 3 2 9 3 8 , 8 3 1 6 5 0 , 0 0 0 $ 3 8 , 8 3 1 $ 6 5 0 , 0 0 0 $ 6 8 0 $ 0 ( 2 ) 6 5 0 , 0 0 0 5 , 0 0 0 2 5 0 , 0 0 0 1 0 0 , 0 0 0 1 3 5 , 0 0 0 2 5 0 , 0 0 0 6 5 0 , 0 0 0 $ 6 7 8 $ 6 5 0 , 0 0 0 $ $ ( 1 , 0 2 8 ) 0 1 3 0 , 0 0 0 6 3 0 3 7 8 , 5 9 6 3 2 0 , 0 0 0 1 0 , 0 0 0 ( 9 , 1 4 7 ) 5 7 , 1 4 6 1 3 1 , 0 0 0 7 , 0 0 0 1 5 , 0 0 0 1 0 0 , 0 0 0 1 0 0 , 0 0 0 2 0 6 , 7 0 4 2 0 0 , 0 0 0 1 9 , 0 0 0 0 5 5 , 0 0 0 3 0 , 0 0 0 1 2 , 4 2 7 2 2 5 , 0 0 0 0 2 0 , 0 0 0 1 3 , 9 5 7 5 0 , 0 0 0 5 0 , 0 0 0 2 2 , 0 0 0 1 3 0 , 0 0 0 1 0 , 0 0 0 1 7 5 , 0 0 0 1 0 0 , 0 0 0 7 0 0 , 0 0 0 1 6 0 , 0 0 0 2 0 , 0 0 0 6 , 5 0 0 2 0 , 0 0 0 2 4 , 0 0 0 1 0 0 , 0 0 0 2 2 5 , 0 0 0 6 , 5 0 0 4 2 , 0 0 0 2 2 , 0 0 0 2 2 5 , 0 0 0 2 7 5 , 0 0 0 1 1 , 2 4 7 7 0 0 , 0 0 0 $ 6 2 0 , 3 8 6 $ 4 , 3 8 1 , 1 4 8 $ 3 , 2 5 1 , 9 7 4 $ 9 , 1 5 3 , 4 7 7 Item 4A January 9, 2017 City of Atlantic Beach Major Public Works Projects Fisca l Year 2016-2017 Status Repo rt as of 12/28/2016 Project Name Budget Project Description Notes Utllltaes ProJects Effluent Outfall Replacement $532,764 This is replacement ofthe end ofthe beaches combined effluent pi pel ine and Bid ope ned on 3/2/16; low bi d by J.D. Hinson Company exceeded budgeted amount. Jax Beach and Neptune Beach have Is cost shared by the 3 beach C1ties. approved additional funding required . Once contract documents are returned, a pre-construction meeting will be schedul ed and a Notice To l>roceed wlll be iss ued. Consultant obtaini ng costs for new line suspended from piling versus buried. Contractor j ust provided si gned contract docume nts with bond. Pre-construction meeti ng was he ld on 7/ll/2016. A Notice To Proceed was i ssued for the project to begin on August 15th. The contractor has ordered supplies and components are bei ng manufactured aff-site. All materi als have arrived, and contractor began fusi ng pipe sections on-site this week (week of 11/14). Pi pe sections nave been fused on-site, Weights have been added to the pipe beginning 12/12/2016. Pipe is to be placed in the intercoastal beginn i ng 12/15/16. Subaqueous portion ofpipe is in place, installing of upland portion i n progress. Atlantic Blvd Waterline Upgrade $100,000 Design only. Waiting on water model review . Update Water System Model $30,000 Evaluating capital improvement requ irements and impact if WTP 4 is Model built and cal ibrated . Consultant prepari ng and runni ng and evaluating scenarios. Draft Water Model received and under removed from servic.e, review. Meeting is being scheduled with the consultant, Well Logging •6wells $130,000 Thi s is a down· hole check of the structural integrity of our drinking water Discussi ng scope with different consultant to eli minate or reduce subconsultant layeri ng. We may develop a new scope to put wells . thi s out for bid. Replace Water Mai n on Semino le Rd . $700,000 Design revisi ons u.nderway -part of Seminole Road Streetscape project. Finalizing design revisi ons with stormwater and streetscape components of project. Poroject plans were delive red on From Atl antic Blvd . to S-Way 12/23/2016, Replace water services on Seaspray, $175,000 This proj ect is to replace up to 56 agi ng water servi ces on roads i n the Specifications are being prepared fo r bidding . The Bid documents are bei(lg prepared , We anticipate advertisi ng in early Nautical and Clippership Seasprav neighborhood. January . Phosphorus Treatment Improvements $225,000 Preliminary engineering Report completed . 60% engi neeri ng design completed . Permitting through FDEP and setting up WWTf> temporary feed system. Project Is out for bids. Bids wi ll be opened on August 31st. Only one bid was receiv ed which was almost twice the budget for this proj ect. We w1U negotiate with tne single bidde r to accomplish a modified project scope . Fund ing may have to come from other projects for the project cost which may be $350,000. We were abl e to reduce the cost down to $358,000, and the additional funding Will come from the $275,000 allocated for the Centrifuge Proj ect. A staff report was approved at the Nov 28 Commission meeting to hire the sol e bidder. A Pre-Con mee t ing was held On 12/7/16 and a NTP date of 1/16/17 wa.s l ssued . 2 repairs Grav{ty Outfall to ICW $30,000 Consultant preparing TV i nspection review to prepare an assessment and maintenance plan. Sewer llne rehab Sea Oats $207,000 Involves lini ng of ag(ng sewer i nfra~ructure to reduce water i nflow & Received scope for pipe lining; coordi nating manhole lining sco pe/cost SpectraShiel d. Contractor scheduled to clean & TV line infiltration {1&1). after Thanksgivi ng and perfom CIPP lining in mid-December. Work is underway. The TV 'i ng ofthe line was completed . Uning in progress, will be comp leted by 1/2/17. Combined plant Replacements $157,000 Contra/Bubbler System WTP2 $15,000 Almost complete New Influent Screens $20,000 Screens were domog ed Waiti ng to be installed. Replace ElfPump 1/2 $50,000 Pump hos been delivered Replace RAS Pump $50,000 One pump hos been installed RepwcetnfluentPump $22.000 Pump reQuirements/specs moy be updoted. Coordi nating with vendo r to begin the work. Install automated Control Valve at WTP $10,000 This Is for the dispensing ofChlorine Working with vendor to begin the i nstallation. Meter Project $160,000 This proj ect is to install 650 radio read meters. It is partly funded by a FOEP 'Thi s is bei ng coordinated with the meter vendor. SJRWMD Grant contract requires CM signature . The proj ect was approved on grant. the Decembe r 12th agenda . A meeti ng was he ld with t he meter dea ler on 12/22/16 to order the meters . Replace control panel at Ocean wal k l ift $20,000 This project i s to replace an aging control panel Obtaini ng quotes from vendors/contractors. station Wetwell Top Replacement $24.000 This project is t o replace four wetwell tops with open hatches. Req #983791n for two to be replaced Lift Station Suction lines $20,000 Thi s is to replace suction l ines at Camelia and Se lva Manna liftStations. Camelia ha> a PO waiti'lg on co ntractors to install them 3 Oty of Atlantic Beach Major Pub li c Works Projects Fisca l Year 2016 -2017 Status Report as of 12/ 28/2016 Project Nam e Control Components Upgrade Budget $100,000 Pro ject Descript ion This project is t o replace t he co ntrol compo nents for four m aster lift stations Obtaining q uotes from vem;fors/contractors. Notes Cla rifier Drive Replacements Ce nt rifuge $225,000 $27 5,000 This pro'ect is to replace two clarifier drives This is to upgrade t he 2nd centrif uge A scope is being prepared to put this pr oject out to b id. Funds for this p roject will be reallocated to t he p hosphorus project. Item 4A January 9, 2017 Item 4A January 9, 2017 City of Atlant i c Beach Major Public Works Projects Fiscal Year 2016-2017 Status Report as of 12/28/2016 Project Name Budget Project Description Notes Parks Projects Russell Park Renovation ~ This project is to provide Improvements to Russell Par~including sodding. Other Improvements being planned. $SOK grant to supplement funding was delivered by Michelle Waterman ofTalbot Isl and irrigation, lighting , and court repairs. Park on August 22nd. Tennis Courts and Racquetball Courts remain to be imp roved New Budget: $125,000 Tideviews Park Shade Structure This project is to provide a shade structure over a portion of the viewing area This project is schedule d to be comp leted in the second quarter of FV 16-17. of the Ti deviews Park boardwalk. Twin Lake Parks Design $25,000 Re-evaluating task based on Comm ission direction and public i nput from Project revised; awaiting proposal for pond bank restoration. Application for FIND grant fundi ng not submitted this year. communitY meeting. Consultant work proposa l i s being reviewed. Vet Par~Playset Replacement $40,000 Working with Vendors to select playground set. Using COJ fund ing secured by Coundlman Gulliford to supplement origi nal budget for amphitheater screen covering. l'"tnal plans are to be submitted by July 8th. Quotes are being received for the covering for the stage in the park. One more quote l.s pendi11g. Playground sets are more than our budget. The installation of this equipment will be postponed to the next fiscal year. Vet Pa rk Stage Screening $2S,OOO This project will provide a sun screen for the raised stage platform by the The City of Jacksonville's Parks & Recreation Department will provide all services (Including fundi ng) to have this project America n flag. comp leted. It is expected to be installed in Janvary 2017 . The contractor has submitted a permit to install the screen. Vet Park Fence Screen ing $0 This project is to provide fence sce ening along the Atlantic Blvd side of the The project is approximately 9S% complete. Additional screening is to be placed in two areas of the fence where there is a gap. park. This should be comp lete withft1 the next two weeks. This proJect was completed 12/9/2016. Jordan Park Bathroom Upgrade $10,000 This project is to repair damages to this bathroom and to upgrade it. The project scope is being developed to go out for bids. Jordan and Donner Park Playground $82,000 Funded by a CDBG, this project is to provide ADA compatible playground The project scope is being developed to go out for bids . Improvements equipment. Lifeguard Station Improvements $90,000 This project is to make safety and restoration improvements to the Lifeguard A Scope of Services Is being developed. Station at the end of Atlantic Blvd. Public Works Projects Seminole Road Improvements $2SO,OOO Consultant revising design to redirect stormwater from Saltair area and Delivery of fina l Plans and Bid Docs -12/23/16 Howell Park. Permitting complete -1/6/17 Begin constructi on -2/27/17 Construction complete-7/28/17 Seminole Road Drainage Improvements $6SO,OOO This project Is to Install t he drainage component of the Seminole Road See Above. Pro'ect. Fra nc is Avenue Drainage Improvements $650,000 100% CDBG funding . This project is to improve water and stormwater al ong Shop drawings reViewed and approved . Construction is in progress. The waterline Is almost complete. Drainage improvements Francis Avenue. The road will al so be paved as part of the project. are being installed. A conflict box was Installed the week of July 25th for water and sewer. Work is progressing slowly on the Construction i n progress-waterline approxi ma tely 90% complete. rest of the project. The water mai n Installation is complete. The storm drains are complete , and the project is approxi mately 60% complete. Th e old water llne has been removed. Curbing began t he week of September 19th. Curbing is continuing the week of September 26tll and lime rock is being placed in the areas where the curbs nave been insta lled. The road was paved the week of October 17tl1. Driveways and sidewalks are being insta lled . Final sidewalk instllatlons are waiting for PW to remove some trees and f or a few utility pedesatls to be moved . Ifthese can't be moved tn the next two weeks, we'll as k the contractor to close out the project without completing those outstanding sidewalk gaps. All utilities have been moved; concrete should be co mplete by 12/16/16. Final asphalt \vo rk was completed 12/13/16. The project was substantially complete on 12/22/2016, and a Punch List was oreoared for final reoairs . Beach Renourishment $0 Beach renourishment 100% paid with Federal and County funds. Scheduled for summer of 2016. Awaiting start up by COJ. The project is schedu led to begin September 6th at the southern end of the project area, Jac~onville Beach . The project has begun and is progressing in Jax Beach. The project is being re-eval ua ted to determine whether dune restorati on from Hurricane Matthew can also be added . Contractor will get to 2l1d Street before leaving, and then they Will return in April/May to complete the beach renourlshment and dune restoration. Item 4A January 9, 2017 City of Atlantic Beach Major Public Works Projects Fiscal Yea r 2016-2017 Status Report as of 12/28/2016 Project Nam e Budget Proj ect Descripti on Notes Atlantic Blvd Bik e Plaza $40,000 This is to create a pa rk type plaza over the retent ion area fo r t he shopping Design not started , Negot ia tions have begun wrth the plaza owner. He has been given a proposed l ease agree ment to review plaza ;;t 3rd Stfeet and Atlantic Blvd. (adjacent to Poe's restaurant) concerni ng the use and maintenance ofthe retention area. We are waiting for his response . He has asked us to design the improvement for their review and ~pproval. Stormwater Master Plan Review and $250,000 .This project is to review the City's Stormwater Master Plan and t o update the This project has been <~dvertised as an RFP. Proposals are due i nto Public Wo rks on December 9, 2016. An ammendment to Update drainage basin i nformation and to propose. projects with eStimated costs to de lay bi d openi ng has been issu ed , and a second amendment to adjust the project scope will be issued by t he end of thisweek. complete them. Proposals are due December 23rd. Four consultants submitted proposals which are under review by PW staff. Aquatic Gardens Project $250,000 Project Is to review the City's Stormwater Master Plan as it pertains to this PW is having crews clean the co nveyance system s in this area, and funds are being requested ln the next fiscal year budget for neighborhood and to design improvements for more capacity and the storm water review and project design . )I possible, construction will also be scheduled depending on timing and funds stormwater throughput from this area . avai lability. A deslgn scope has been provided to t t>e City. PW is determining how to proceed wlth construction. Gruhn & May wi ll be install ing a box around the current pond outfall to the cree k so a control gate can be installed . PW staff have submitted requisitions to purchase material s to proceed with the installation of bulkheads to facilitate this project work. Saltair Project $250,000 Project is to modify existing construction on Magnolia and Poinsettia and to Consultant is preparing proposal and cost estimate for co nst ruction . Neighborhood meeting is scheduled for August 12th. The co nstroct improvements on Sylvan and Pine Streets neighbo rhood meeting was he ld and the consensus of the participants (residents and City Officials as we ll·) was to proceed With the. design of a less obtrusive drainage system in tile next fisca l year, Once the design is comp lete, the proj ect should go out for bids for construction ASAP. PW is asking for funds for construction in this coming fiscal year. Construction may be able to begin as early as Spring of 2017. Ayers Engineering, Inc. submimed a Scope ofservices and a Fe e proposal t o develop new construction plans on 12/7/16. Safe Ro uteto School Sidewa lk $0 This project is to provide an 8' wide sidewalk along Sherry & Seminole from Design & survey unr;!erway. Town Hall meeting held May 7th. Workshop held June 27th. Bid documents being prepared. Ahem to 17th. This project is funded by FOOT. Construction schedu led for second ha lfof 2017. PW Oir to present additional info to Commis sion on July 11th and Town Hall Meeting on July 16th. St riping of the proposed path of the SRTS Will be completed the week of Jul y 25th. AdditionaiTown Hall Meeti ng scheduled for August 27th. The route oft h e proposed path was p,a rnted t heweek ofJuly 25th. A consensus ofthe City Commissio n was reached at t he Town Ha ll Meeting of August 27th to move forward with the project along the east side of Seminole Road and Sherry Drive and to have the MOU signed with the JTA to commit to this project. The project was approved to move forward with the 30% plans comp letion , Element Engineering Inc. will be meeting with Public Works t o develop a plan of action to co ntinue to that po1nt. We have receive comments from two residents about possible changes to the path, These have been sent to Element for review and consideration. 30% plans were submitted to the city for review on 12/12/2016. Sidewalk Projects $100,000 This project i s to prov ide or improve sidewa lks. Areas are being considered for sidewa lk installations or imp rovements. Emphasis is be i ng placed on east-west connectivity. The selected streets are Triton Road andSaba lo Drive. Paving Projects $400,000 This is the annual Road Resurfa ci ng Program and specific areas of spot A preliminary list of roads to be resufaced or repaired has been developed. A consultant will evaluate this list and provi de a repairs. recommended a course of action fo r each road. This is eltpected to be co mpleted by the end of December, and t he paving can be completed in early 2017. A review was comp leted and a proposal wa.s submitted by a consultant on 12/26/16, and PW staff is reviewing this . Equipment Ga rage $75,000 This project is to install a partially enclosed storage facility for Public Works This project Js being designed. equipment. Jasmine Pond $100,000 This project is restore the bank of Jasm ine Pond This project.will be des igned by a co nsultant. The city has received a propos al for this project f rom its consultant. It is under review. West Plaza and Carnation Drain age Project $135,000 This project is to provides drainage improvement as speci fie d in the This project Will be designed by a consultant. Stormwater Master Plan City of Atlantic Beac h Major Public Works Projects Fiscal Year 2016 -2017 Status Report as of 12/28/2016 Proj ect Name Budget Proj ect De scription Notes Police Building $2,892,700 PO building upgrades and i mprovements. Police Department moved t o Utilities building at 902 Assisi. Wall demoliti on and new slab construction underway. Ret ai ning wa ll is complete. The sl ab wi ll be poured and wall construction will begin wit h in the next two weeks. 9/21/16: The slab is complet e and exterior walls are almost complete. Many of t he i nt erior owner-selected items have been selected. Fire stati on doors wi ll be removed f orJFRO. A fire stop beam w ill be redesigned and installed between the fire station and PO b uil ding. 9/28/16: Wa lls are almost complete. Roof installation will be completed by the second week of November. Final se lecti ons of interior elements are being made. Door keying and low v oltage scope are current ly being addressed. Interior electrical w ork cont i nues. Item 4A January 9, 2017 Item 4B January 9, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Purchase of Replacement Roll-On/Roll-Off (Sludge Hauling) Truck SUBMITTED BY: Donald D. Jacobovitz, P.E.~ Public Works Director DATE: December 21, 2016 BACKGROUND: The City's sludge hauling truck, purchased in 2002, is in need of replacement. The truck currently has logged in excess of 430,000 miles and its continued use is a maintenance liability. Funds to purchase a replacement truck were approved in the FY 2017 budget by the City Commission in the amount of$150,000. The replacement truck with the specifications to meet the City's needs is priced from the Florida Sheriff Association Bid pricing at $167,964, and includes the truck chassis, options and hoist assembly. The truck supplier, Nextran Truck Centers, is providing a trade-in credit of$18,500 for the City's 2002 truck, reducing the total purchase price to $149,464. RECOMMENDATION: Approve purchase of the 2017 Mack GU813 truck with Galbreath Roll-off Hoist and Pioneer Tarper from Nextran Truck Centers in the amount of$149,464 ($167,964less $18,500 for trade in). Also recommend the City's 2002 Mack unit D-9 truck be declared Surplus to allow it to be used as a trade in for the new vehicle. ATTACHMENTS: Truck Specifications and Price Quote from Sheriffs Bid Pricing. BUDGET: Sewer Fund account #410-5508-535-64.01, Capital, Machinery & Equipment I Motor Vehicles includes $150,000 designated for this purchase. REVIEWED BY CITY MANAGER: ---t-1. t/a__, ;;:/'~ Item 4B January 9, 2017 Prepared for City of Atlantic Beach 2017 Mack GU813 chassis with Galbreath Roll-off Hoist and Pioneer Tarper MP7 405hp Allison 4500 RDS transmission See attached for detailed specs Sheriffs Bid pricing for truck, options and hoist assembly Total new truck and body $ 167,964.00 Trade of 2002 Mack unit D-9 $ 18,500.00 Total due, no taxes or tag fee added $ 149,464.00 Eric Schmidt 904-813-4491 Item 4B January 9, 2017 Prepared for City of Atlantic Beach 2017 Mack GU813 chassis with Galbreath Roll-off Hoist and Pioneer Tarper MP7 405hp Allison 4500 RDS transmission See attached for detailed specs Sheriffs Bid pricing for truck, options and hoist assembly Eric Schmidt p. 904-354-3721 Account Manager p. 800-347-6225 f. 904-354-3807 c. 904-813-4491 eschmidt@nextrancorp.com 1986 W. Beaver Street Jacksonville, FL 32209 Item 4B January 9, 2017 MACK TRUCKS,INC INVOICE NBR: 0627732 SERIAL NBR: 038158 MODEL: GU813 DEALER: C669 OPTION SPECIFICATIONS CODE ORDER/CUSTOMER/VEHICLE INFO, PC1-0028 Product Class 28 PT1-0007 CML 64R GU7/GU8 PB1-017A 2008-10-07 002-1421 GU813 R MACKTRAQ 2017A 505-0011 ALL 50 STATES CIR-0002 IDLE EMISSION CERTIFICATION, CARB 08 (WITH DECAL) APP-0003 CLASS C ON/OFF HIGHWAY 006-1790 DUMP M44-0010 WELL MAINTAINED SURFACED ROADS >95% DRIVING DISTANCE FIL-0003 STOCK ORDER US0-0010 "MBOC"BACK OFFICE PROCESS (PROBUILDER) BVS/FRT AXLE/SALES PACKAGES PK4-0000 W/0 MHD CONFIG PACKAGE PK5-0000 W/0 TRUCK CONFIG PACKAGE PK8-0040 STANDARD 4; HHS EMISSIONS, RH BBOX, IN FRAME AIR, SLEEVED LH A19-2017 2017 MODEL YEAR DLW-0001 "PASS-THROUGH/QUICK DELIVERY SPEC" 012-0000 NO SALES PROGRAM AVAILABLE ENGINE/TRANSMISSION/CLUTCH 100-1646 MP7-405M MACK 405 @ 1500-1900 RPM (PEAK) 2100 RPM (GOVERNED) PKE-0000 WITHOUT PACKAGE 136-4540 4500 RDS 6 SF-ALLISON RUGGED DUTY SERIES GEN 5 W/PROGN 133-0000 W/0 CLUTCH EXHAUST/EMISSIONS 130-5101 NO MUFFLER, SINGLE (R/S) VERT EXH CAB MOUNTED, LOWER VENTURI 010-0002 SINGLE-HEAT SHIELD(S) & STACK ORDER/CUSTOMER/VEHICLE INFO 132-1229 12V145A DELCO 24SI (145 AMP) 316-5106 3-12V MACK M/F 31 1000 CCA THREADED STUD TYPE 124-0008 SILICONE HOSES, SPRING CLMPS ON RAD/HRT, 1/4 TURN BALL VALVE 419-1000 FURNISH COVER/CAP RETAINER FOR OIL FILL, RAD.OVERFLOW TANK, TRANSMISSION EQUIPMENT M05-0000 W/0 TRANS SHIFT MODE POINTS SL4-0008 ALLISON SYNTHETIC FLUID {TRANSYND)IN ALLISON TRANS. PAGE 2 LIST PRICE 0 0 0 0 0 0 0 0 0 0 STD STD 95 0 0 0 2,650 STD 0 STD 494 128 35 130 418 45 0 592 Date Printed: 8/30/2016 MACK TRUCKS,INC PAGE 3 INVOICE NBR: 0627732 SERIAL NBR: 038158 MODEL: GU813 DEALER: C669 OPTION SPECIFICATIONS LIST CODE PRICE TRANSMISSION EQUIPMENT 779-223F ALLISON VOC PKG# 223 RDS ON-OFF HIGHWAY (2ND REVERSE CAPABLE 0 195-2005 DANA/SPICER 1810 HD 70­ 204-2004 DANA-SPICER 1810 219­ M20-0000 WITHOUT 0 CAB (A THRU G) COD-0001 WITH CAB CLEANOUT 90 997-0001 CUSTOMER GUARANTEED WEIGHT, MUST BE CERTIFIED WEIGHT 0 164-0001 FURN (2} EXTRA DASH MTD ROCKER SW FOR HOOK-UP OF LOCAL INSTA 31 209-0005 FENDER EXT. W/ 18-23 FR AXLE 206 786-0007 SLB (ABC RATED/AMEREX) MOUNTED BETWEEN LH SEAT BASE & DOOR; 130 587-0021 DIAGONAL GRAB HANDLE ON INSIDEDRIVERS'S DOOR 58 870-0002 BRIGHT FINISH GRILLE 31 400-0018 GRILL MTD BRIGHT FINISH BARS W/ BRIGHT FINISH SURROUND, 303 CAB (H THRU R} 154-0002 MACK-2-RECT ALUM SINGLE TRUMPET, W/ SHIELD?, ROOF MOUNTED 141 312-9010 (S)GROTE LED LAMPS; W/0 FULL ROOF FAIRING OR HIRISE SLEEPER 148 A27-0003 FURNISH WOOD GRAIN DASH 0 004-2103 PEDIGREE SLATE GRAY 575 152-2103 BULLDOG HTED & ILLUM-BR FIN 245 203-0009 MIRROR MOUNTED ANTENNA FOR CB-RADIO, LEFT, AERIAL 75 641-0002 AUTO SHUTOFF FOR ENTERTAINMENT RADIO SYSTEM WHEN VEHICLE REV 93 784-0002 W/0 SLPR.BOX;FURN.KIT#JKC-10050R EQ.;PARALLEL TO INSIDE SURF 44 CAB (S THRU Z) 157-9001 STAINLESS STEEL;DIETER'S #149QS511M;FOR USE W/0 FULL 487 146-0008 POWER W/DOOR LOCK (LH&RH)-ELEC 639 196-2403 AIR-BOSTROM TALLADEGA 915 WIDERIDE; HI-BACK 357 197-1104 FIXED-MACK (HI-BACK) 87 592-9003 LAP & SHOULDER (BOTH SEATS) TO BE ORANGE IN COLOR 63­ MAJOR COMPONENTS 016-0000 Day Cab (No Sleeper} 0 FRAME EQUIPMENT/FUEL TANKS 467-0007 W/0 XMBRS BEHIND REAR AXLE / BOGIE 0 379-0002 PLATE TYPE BRIGHT FINISH 508 279-4301 EXTENDED-SWEPT BACK-STEEL BRIGHT FINISH (INCL. PAINTED 1,221 Item 4B January 9, 2017 Date Printed: 8/30/2016 Item 4B January 9, 2017 MACK TRUCKS,INC INVOICE NBR: 0627732 SERIAL NBR: 038158 MODEL: GU813 DEALER: C669 OPTION SPECIFICATIONS CODE FRAME EQUIPMENT/FUEL TANKS 291-0000 W/0 REAR CROSSMEMBER OPTIONS 288-A111 111 GAL ALUM, (420 LITERS) SLEEVED, D-SHAPE, 22IN (560MM) 221-0120 POLISHED ALUMINUM SINGLE TANK OVER 84 GAL. 223-0002 STD FINISH STEPS & B.F. STRAPS FRONT AXLE EQUIPMENT/TIRES 240-1501 FXL20 20000 LB-MACK 9100KG 900-6353 MICHELIN 425/65R22.5 20 L XFE (STEER) 531-3774 22.5 X 12.25 ALUM DISC 10-HOLE HUB PILOT; 11.25" BC 4.68" IN 244-1011 20,000 LB TAPERLEAF 9100KG 241-1105 MERITOR "S" CAM 16.5 11 X6" Q PLUS BRAKES 245-2116 TAS66+RCH60 TRW POWER REAR AXLE EQUIP/TIRES/RATIO 230-0001 URETHANE 901-1287 BRIDGESTONE 11R24.5 14 G M726EL (TRACTION) 268-1020 S462 46000LB-MACK 20900KG CAST HSNG 186-1035 SS462 -MACK MULTILEAF 262-1000 CHICAGO RAWHIDE (SCOTSEAL) 257-0419 4.19 346-3784 24.5 X 8.25 ALUM DISC LVL ONE 10-HP; 11.25 11 BC,6.60"0UTSET," 253-1104 MERITOR-CAM 16.5X7 Q PLUS 300-9027 MGM MDL TR-T(TAMPER RESIST.BRK CHMBRS) RECLOCK INLET PORTS F 264-1000 FERROUS SL3-0002 75W-90 SYNTHETIC LUBRICANT 254-0402 DRVR CONT INTR WHEEL DIFF LOCK RR-RR AXLE ONLY; MANUAL AIR V FRAME/WHEELBASE/PLATFORM 271-0259 259 11 272-0256 256" 274-1029 STEEL -300MM X 105MM X 11.1MM --( 11.81" X 4.13" X 0.437" AIR/BRAKE DVA-0002 MANUAL DRAIN VALVES, WITH LANYARD ON SUPPLY TANK ONLY ELECTRICAL 317-0003 ECCO BACK-UP ALARM 575 CONSTANT SOUND LEVEL 405-0002 BATTERY BOX COVER, POLISHED ALUMINUM 318-0010 MECHANICAL SWITCH POSITIVE CONNECT TYPE-US10 PAGE 4 LIST PRICE 0 1,033 387 125 3,113 1,674 525 5 257 1,199 272 360 0 4,780 0 0 608 227 33 776­ 217 953 0 800 1,592 34 146 101 190 Date Printed: 8/30/2016 MACK TRUCKS,INC INVOICE NBR: 0627732 SERIAL NBR: 038158 MODEL: GU813 DEALER: C669 OPTION SPECIFICATIONS CODE ELECTRICAL 848-0001 SHOCK PADS UNDER BATTERIES VEHICLE ELECTRONICS M39-0001 GRADES <3% DURING >98% OF DRIVING DIST. MAX GRADE 8% Item 4B January 9, 2017 M40-0001 AMB TEMP HOT, UP TO +40C, WARMER ALLOWED 25 H/YEAR M7U-OOOO DISABLE M7X-0000 WITHOUT 1ST RATIO FOR REDUCED HIGH M04-0060 60 MPH A7Y-OOOO WITHOUT LAST RATIO FOR FULL HIGH IDLE C55-0001 ENABLE POWER DIVIDER LOCKOUT ROAD SPEED LIMIT M19-0000 WITHOUT PAINT/VINYL STRIPING 2PB-HAX 1 TONE HOOD, 1 TONE DRIVER AREA, IF SLEEPER 1 TONE 950-3100 SALES CODE DESCRIPTION NOT ON FILE 967-0000 SALES CODE DESCRIPTION NOT ON FILE 969-0000 SALES CODE DESCRIPTION NOT ON FILE 924-0001 SOLID PAINT 953-0000,W/0 OPTIONAL SPOKE WHEEL PAINT 952-0000 W/0 OPTIONAL SPOKE WHEEL PAINT 951-2006 MACK BLACK 09000PP P3036 EFF. 6/21/96 909-0002 NO ADDITIONAL CHARGE (CHARTED) 996-0002 POLY BASE -POLY CLEAR 944-2007 MACK WHITE 08282PP P9188 PROD EFF 6/10/96 994-0009 WHITE 993-0010 BLACK 990-0001 CAB PAINT SINGLE TONE 922-0000 CHASSIS PAINT PROCESS, STANDARD COLOR (MACK BLACK) 6ABZ1X 938-0000 NOT PAINTED 985-0000 NO CUSTOM PAINT 986-0000 NO CUSTOM PAINT MISCELLANEOUS 022-0000 NO PILOT REQUESTED PAGE 5 LIST PRICE 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 280 0 0 0 0 0 0 0 0 0 Date Printed: 8/30/2016 Item 4B January 9, 2017 ~ FLORIDA .~:>S<)C!AT(ON OF COUNTIES-AU About Frorid4 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 52,000 LB. GVWR CAB & CHASSIS -4X6 TANDEM AXLE TRUCK SPECIFICATION #14 2017 Mack C or G Series The Mack C or G Series purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $110,602.00 $110,602.00 $110,602.00 $110,602.00 While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The fo1Iowing equipment delete and add options and their related cost are provided here to assist you in approximating the total cost ofthe type yehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment it~ms you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the deal_ers in your zone at the stated prices. · 485 Item 4C January 9, 2017 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Justice Assistance Grant DATE: January 9, 2017 SUBMITTED BY: Victor L. Gualillo, Interim Chief of Police BACKGROUND: Justice Assistance Grants (JAG) are grants that have been established by the Federal Government and are administered by the State of Florida. Atlantic Beach has benefitted from JAG grants for many years. The allocations for this grant must be approved by at least half ofthe law enforcement agencies in Duval County. This year the total amount of the awards for the Atlantic Beach Police Community Oriented Policing (COPS) program is $20,800 and Crime Suppression Unit (CSU) Program was awarded $42,000. The award ofthis grant from the State of Florida has been approved. This grant can be used to enhance law enforcement by supplementing existing nonfederal funds for program activities, which may include the purchase law enforcement equipment or provide funding to retain law enforcement positions that have been federally funded. This grant does not require any matching funds from the City. For the past several years, these funds have been used to cover the majority of the salary expense to maintain one Crime Suppression Detective and one Community Oriented Policing Officer. Both of these positions have played an integral part in the city's Mayport Corridor initiative and continue to do so. Staff recommends using the approved JAG funding for these positions. · · BUDGET: This action will provide grant funding to the 2016-17 Police Budget to partially fund one CSU Detective ($42,000) and partially fund one (1) COPs officer position ($20,800). RECOMMENDATIONS: To authorize the Mayor to sign all required paperwork related to these JAG grants and to authorize Police staff to submit, sign and manage this grant on behalf of the Mayor and the City. ATTACHMENTS: 2017-JAGC-DlNA-4-F9-119 COPS and 2017-JAGC-DlNA-3­ F9-020 CSU grant acceptance letters REVIEWED BY CITY MANAGER: --J1t ~~~ Item 4C January 9, 2017 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2017-JAGC-DUVA-4-F9-119, in the amount of$ 20,800.00, for a project entitled, 2016/2017 COMMUNITY ORIENTED POLICING, for the period of 10/01/2016 through 09/30/2017, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. · This subaward requires that the subrecipient adhere to the following: No recipient or subrecipient, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to restrict, the reporting of waste, fraud or abuse in accordance with the law to a department or agency authorized to receive such information. This is not intended to contravene requirements applicable to classified, sensitive or exempt information. In accepting this award, the subgrantee certifies that it neither requires nor has required employees or contractors to sign such internal confidentiality agreements or statements. The City of Atlantic Beach must undertake a review to validate its compliance with 8 U .S.C. § 1373. If determined to be in compliance at the time of review, the City of Atlantic Beach must submit documentation that contains a validation to that effect and includes an official legal opinion from counsel (including related legal analysis) adequately supporting the validation. If the City of Atlantic Beach determines it is not In compliance at the time of review, sufficient and effective steps must be taken to bring the City of Atlantic Beach into compliance therewith and thereafter submit documentation that details the steps taken, contains a validation that the City of Atlantic Beach has come into compliance, and includes an official legal opinion from counsel (including related legal analysis) adequately supporting the validation. In accepting this award, the subgrantee unit of government certifies It will provide documentation to FDLE's Office of Criminal Justice Grants by March 31,2017. Failure to comply with this condition could result in the withholding or repayment of grant funds, suspension or termination of the grant, ineligibility for future FDLE subawards, or other administrative, civil, or criminal penalties. (Signature of Subgrantee's Authorized Official) (Print Name and Title of Official) (Name of Subgrantee) (Date of Acceptance) Rule Reference 110-9.006 OCJG-012 (rev. June 2012) Item 4C January 9, 2017 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 ATTESTATIONS AND CERTIFICATIONS This form Is required to be completed by the authorized official, or authorized official designee, of all subgrantee units of government receiving Edward Byrne Memorial Justice Assistance Grant (JAG) program federal pass-through funding from the Florida Department of Law Enforcement. In accepting this award, the subgrantee certifies that it will comply with the requirements set forth below and/or any other requirements of the sub award. Failure to do so may result in a hold or freeze on the drawdown of federal funds, and/or suspension or termination of the agreement. Procurement Standards: The subgrantee, through its authorized representative, certifies the unit of government below has written procurement policies and standards that are compliant with the requirements set forth in the Office of Management and Budget (OMB) Uniform Requirements, 2 C.F.R. §§ 200.317-326, and OJP Financial Guide, Section 3.8. Additionally, the subgrantee assures these policies and standards will be utilized for all federal grant related procurement activities. Conflict of Interest: Decisions related to use of these grant funds must be free of undisclosed personal or organizational conflicts of interest, both in fact and in appearance. The subgrantee, through its authorized representative, certifies the unit of government below Is compliant with OMB Uniform Requirements, 2 C.F.R. § 200.112, and OJP Financial Guide, Section 3.20 regarding Conflict of Interest, and will notify FDLE Office of Criminal Justice Grants, in writing, of any potential conflicts of interest in accordance with this agreement. The recipient also agrees to disclose in a timely manner, in writing, all violations of state or federal criminal law involving fraud, bribery or gratuity violations. Organization Name: City of Atlantic Beach Subaward Number: 2017-JAGC-DUVA-4-F9-119 (Printed Name and Title of Authorized Official) (Signature of Authorized Official) (Date) f I I Item 4C January 9, 2017 FDLE Florida Department of Business Support Rick Scott, Governor Law Enforcement Office of Criminal Justice Grants Pam Bondi, Attorney General Post Office Box 1489 Jeff Atwater, Chief Financial Officer Richard L. Swearingen Tallahassee, FL 32302-1489 Adam Putnam, Commissioner ofAgriculture Commissioner (850) 617-1250 www.fdle.state.fl.usNOV 3 0 2015 Honorable Mitchell Reeves Mayor City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL S2233-5444 Re: Contract No. 2017-JAGC-DUVA-4-F9-119 Dear Mayor Reeves: The Florida Department of Law Enforcement is pleased to award a Justice Assistance Grant (JAG) Countywide Program subgrant to your unit of government in the amount of $ 20,800.00 for the project entitled, 2016/2017 COMMUNITY ORIENTED POLICING. This subaward Is approved under Florida's state JAG award 2016-MU-BX­ 0073 from the Department of Justice (DOJ). These funds shall be utilized for the purpose of reducing crime and improving public safety and the criminal justice system. Enclosed is a copy of the approved subaward application with the referenced contract number and standard conditions. This subaward Is subject to all administrative and financial requirements, Including timely submission of all financial and performance reports and compliance with all standard conditions. Information from subawards and performance reports are provided to the DOJ Performance Measurement Tool (PMT) and Federal Funding Accountability and Transparency Act (FFATA) systems to meet federal transparency requirements. Contract and grant information is also provided to the State of Florida, Department of Financial Services (DFS) via the Florida Accountability Contract Tracking System (FACTS). This grant agreement and all correlating Information including general contract, performance, amendment/modification information and a copy of the grant document is provided to FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of Florida. If this agreement contains confidential or exempt information not subject to disclosure under Chapter 119, F.S., please contact the Office of Criminal Justice Grants (OCJG) for guidance on requesting exemption. Please complete and return the enclosed certification forms within 30 calendar days from the date of award. Completion of the Certificate of Acceptance constitutes official acceptance of the subaward and must be received by the Department prior to reimbursement of any project expenditures. Some costs require prior written approval from OCJG and DOJ before beginning project activities. If your subaward contains any such items or those listed on the Bureau of Justice Assistance (BJA) Controlled Expenditures List, a grant adjustment with accompanying written request will be required. A correlating special condition on your subgrant award in the Subgrant Information Management ON-Line (SIMON) system may also be included. We look forward to working with you on this project. Please contact me or Senior Management Analyst Supervisor Randall Smyth at (850) 617-1250 if you have any questions or we can be of further assistance. ~~ Petrina Tuttle Herring Bureau Chief PTH/ar Enclosures Service • Integrity • Respect • Quality Item 4C January 9, 2017 SUBGRANT AWARD CERTIFICATE Subgrantee: City of Atlantic Beach Date of Award: II 1\8'/UJI<o Grant Period: From: 10/01/2016 TO: 09/30/2017 Project Title: 2016/2017 COMMUNITY ORIENTED POLICING Grant Number: 2017-JAGC-DUVA-4-F9-119 Federal Funds: $ 20,800.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 20,800.00 CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart 1 of such part (42 U.S.C. 3751-3759); the Consolidated Appropriations Act, 2008, Public Law 110-161; and Public Law 109-162, Title XI, Department of Justice Reauthorization, Subtitle B, Improving the Department of Justice's Grant Programs, Chapter 1, Assisting Law Enforcement and Criminal Justice Agencies, Section 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to ali applicable rules, regulations, and conditions as contained in the Office of Justice Programs (OJP) Financial Guide, Common Rule for State and Local Governments, or OMB Uniform Grant Guidance (2 CFR Part 200), In their entirety. It is also subject to the attached standard conditions and such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization ofP.L. 90-351, as amended, and P.L.100-690. This award is a cost-reimbursement agreement for satisfactory performance of eligible activities. Requests for reimbursement may be submitted quarterly or monthly as designated in the Financial Section of the agreement. Requests for reimbursement will be processed In conjunction with receipt and review of programmatic performance reports to determine successful completion of minimum performance for deliverables. Expenditures must be supported with documentation and verified during annual monitoring. Failure to comply with provisions of this agreement, or failure to meet minimum performance specified in the agreement will result In required corrective action up to and Including project costs being disallowed, withholding of federal funds and/or termination of the project, as specified within the terms of the agreement and OMB Uniform Guidance 200.338-200.342. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award Is returned to the Department. Authorized Official Petrina Tuttle Herring Bureau Chief Date/ ( ~his award is subject to special conditions (attached). Item 4C January 9, 2017 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SPECIAL CONDITION(S) I GENERAL COMMENT(S) Awarding Agency: Office of Criminal Justice Grants Grant Number: 2017-JAGC-DUVA-4-F9-119 Grant Title: 2016/2017 COMMUNITY ORIENTED POLICING In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Condition(s)/General Comment(s): Ref# S34483: Documentation of net personnel increase was not available for review at the time of award. Prior to the drawdown of funds for the position(s), the Atlantic Beach Police Department must submit documentation of net personnel increase to the Office of Criminal Justice Grants. CFR Part 200.430 and USDOJ Financial Guide Section 3.9 Ref# S34981: By accepting this subaward, the subrecipient agrees to undertake a review to validate its compliance with 8 U .S.C § 1373 as described in the Certificate of Acceptance of Subgrant Award. Documentation must be submitted by the City of Atlantic Beach to FDLE's Office of Criminal Justice Grants by March 31, 2017. Failure to comply with this condition could result in the withholding of grant funds for all subawards for the City of Atlantic Beach, suspension or termination of subgrants, ineligibility for future grants or subgrants, or other administrative, civil, or criminal penalties, as appropriate. Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Subgrant Recipient Organization Name: City of Atlantic Beach County: Duval Chief Official Name: Mitchell Reeves Title: Mayor Address: 800 Seminole Road City: Atlantic Beach State: FL Zip: 32233-5444 Phone: 904-24 7-5809 Ext: Fax: Email: mreeves@coab.us Chief Financial Officer Name: Russell Caffey Title: Director of Finance Address: 800 Seminole Road City: Atlantic Beach State: FL Zip: 32233-5461 Phone: 904-247-5807 Ext: Fax: Email: Rcaffey@coab.us Application Ref# 2017-JAGC-3083 Section #1 Page 1 of 2 Contract 2017-JAGC-DUVA-4-F9-119 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Implementing Agency Organization Name: Atlantic Beach Police Department County: Duval Chief Official Name: Michael Deal Title: Chief Address: 850 Seminole Road City: Atlantic Beach State: FL Zip: 32233-5444 Phone: 904-247-5859 Ext: Fax: Email: mdeal@coab.us Project Director Name: Victor Gualillo Title: Commander Address: 850 Seminole Road City: Atlantic Beach State: FL Zip: 32233-5444 Phone: 904-247-5859 Ext: Fax: 904-247-5867 Email: vgualillo@coab.us Application Ref# 2017-JAGC-3083 Section #1 Page 2 of 2 Contract 2017-JAGC-DUVA-4-F9-119 Rule Reference 110-9.006 OCJG-005 (rev. October2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide General Project Information Project Title: 2016/2017 COMMUNITY ORIENTED POLICING Subgrant Recipient: City of Atlantic Beach Implementing Agency: Atlantic Beach Police Department Project Start Date: 10/1/2016 End Date: 9/30/2017 Problem Identification The Atlantic Beach Police Department has had a grant funded Community Oriented Policing program for five years. Prior to that we had a grant funded redevelopment program with COPS Officers assigned to the project for one year. Both programs were proven to be a huge success, specifically measured with citizen surveys. Atlantic Beach is a small community with a diverse population of approximately 13,000. The diverse population in Atlantic Beach benefits greatly by having a Community Oriented Police Officer that can provide non-traditional police service to them. The COPS Officer spends time developing relationships with youth at community programs, community events, the homeless population, community groups and business's in the area. Officers assigned to traditional police duties often do not have the resources to build in depth relationships with segments of the population who need assistance solving protracted problems. This grant will be a continuation of last year's awarded grant, 2016-JAGC-DUVA-3-H3-033. Without a dedicated COPS officer funded by this grant the problem of Police I Community relations will not be addressed in a non-traditional proactive problem solving format. Project Summary (Scope of Work) The Atlantic Beach Police Department will use grant funds to pay for one sworn Police Officer, dedicated to addressing a wide variety of community needs through community outreach, community policing, directed law enforcement and creative problem solving to improve the quality of life in the City of Atlantic Beach. The COPS Officer will work in partnership with community members, youth programs, schools, governmental departments and non-governmental agencies to develop relationships with community partners and help bring resources/services to the members of our community in need. The deliverable will consist of one on-duty sworn officer assigned to Community Oriented Policing, whose time will be accounted for on authorized bi-weekly time sheets. The COPS Officer will during the grant period; attend a minimum of 2 community meetings, post a minimum of 4 media releases to distribute community service information through newsletters, post a minimum of 4 social media releases, conduct outreach to minority populations and youth organizations by participating in meetings a minimum of 16 hours per month at venues serving these groups. Grant funds will be used to pay partial salaries and benefits for a federally grant-funded position for the City of Atlantic Beach. This position will be assigned to Community Oriented Policing to address community needs through community outreach. The Application Ref# 2017-JAGC-3083 S13ction #2 Page 1 of 3 Contract 2017 -JAGC-DUVA-4-F9­ Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide position will be overseen and managed by the Patrol Division Commander. The grant will reimburse up to 45% of the cost of the salary for the position to conduct authorized activities. The minimum performance for this position will be established in the local agency employment agreement and/or position description, and accounted for through evaluations and direct oversight and guidance by the supervisor. Documentation to support costs and activities will consist of timesheets, payroll records, paystubs, and/or agency records systems. All documentation to support use and expenditure of grant funds, including the establishment/sustainment of a net personnel increase, will be available for review during grant monitoring. The deliverable for this agreement is the quarterly performance of the tasks and activities described in the scope of work, 10.5 hours a day for a 42 hour work week in accordance with local agency employment agreement and/or position description. City of Atlantic Beach will request reimbursement of allowable costs identified in Section 4, pages 1-2 on a quarterly basis. Application Ref# 2017-JAGC-3083 Section #2 Page 2 of 3 Contract 2017-JAGC-DUVA-4-F9­ Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Section Questions: Question: Answer: What percentage of the total cost of this project is being funded by sources other than this award? 55 Question: Answer: What is the name of the jurisdiction(s) your agency provides service to. (e.g., City of Miami, Orange County, State of Florida) City of Atlantic Beach Question: What is the address of the location being used to provide services for this project? Answer: 850 Seminole Rd Atlantic Beach, FL 32233 Question: Describe your agency. (e.g., non-profit, community based, government) Answer: Municipal Police Department Question: Answer: Have you verified that the subgrantee has an active and current registration in SAM.gov? Yes Question: Answer: What is the Operating Capital Outlay threshold used by the subgrantee? If the implementing agency is a sheriff's office, indicate the sheriff's office's threshold instead. $1000 Question: Answer: Does the subgrantee receive a single grant in the amount of $750,000 or more from the U.S. Department of Justice? No Question: Answer: Does the implementing agency receive a single grant in the amount of $750,000 or more from the U.S. Department of Justice? No Question: Answer: In your organization's preceding completed fiscal year, did your organization (the subgrantee) receive at least (a) 80 percent or (b) $25,000,000 of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? No Question: If you answered yes above, does the public have access to information about the compensation of the executives in your organization (the subgrantee) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? If answer to Part 1, above, was "no," answer N/A. Answer: No Question: Answer: What is the combined population of the jurisdiction(s) your agency provides services to (according to the 2010 census)? 12655 Application Ref# 2017-JAGC-3083 Section #2 Page 3 of 3 Contract 2017 -JAGC-DUVA-4-F9­ Rule Reference 11 D-9.006 OCJG-005 (rev. Oclober 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 01 -Law Enforcement (Includes Task Forces) State Purpose Area: 1 G -General Questions Objectives and Measures Objective: General Questions -General Questions for All Recipients Measure: General 01 Will your organization be using the crimesolutions.gov website during the grant period regardless of JAG funding? Crimesolutions.gov provides information on several crime reduction and prevention programs and practices. Goal: No Measure: General 02 Will your organization be using the The National Training and Technical Assistance Center (NTTAC) during the grant period, regardless of JAG funding? The NTTAC serves as BJA's training and technical assistance center. You can find resources, tools, webinars, and TTA support on a variety of criminal justice issues and initiatives. Goal: No Measure: General 03 Will your organization be using the NCJP.org website during the grant period, regardless of JAG funding? NCJP.org contains resources to support strategic planning, program development, and implementation of evidence-based policy and practice. Goal: No Measure: General 04 Will your organization be using the Evidence-Based Policing Matrix during the grant period regardless of JAG funding? The Evidence-Based Policing Matrix provides information on evidence-based practices for law enforcement. Goal: No Measure: General 05 Will your organization be using the What Works in Reentry Clearinghouse during the grant period regardless of JAG funding? The clearinghouse provides research on the effectiveness of reentry programs and practices. Goal: No Measure: General 06 Application Ref# 2017-JAGC-3083 Section #3 Page 1 of 4 Contract 2017 -JAGC-DUVA-4-F9­ Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Goal: Will your organization be using Research to Practice during the grant period regardless of JAG funding? Research to Practice promotes the dissemination of research on drug courts to practitioners and policymakers. No Measure: General 07 Goal: Will your organization be using any other resources during the grant period regardless of JAG funding? If yes, please describe them. N/A Measure: General 08 During the grant period, will your agency conduct or sponsor (with or without JAG funds) a survey or focus group of citizens on any of the following topics? Enter all that apply from the following list: Public satisfaction with police services; public satisfaction with prosecution services; public satisfaction with public defender/indigent defense services; public satisfaction with courts; public perceptions of crime/disorder problems; personal crime experiences of citizens; none of the above; unsure/don't know. Goal: No Measure: General 09 During the grant period, which of the following community activities will your organization be involved in, with or without JAG funds and how often will they each occur (yearly, monthly, etc.)? Choose from the following list: Hosting community meetings; attending community meetings; distributing a newsletter, e-mail, or other bulletin; attending community events; conducting social media activities; conducting outreach to minority populations; other (please describe) Goal: Members of the agency will participate annually in attending community meetings, distributing community service information through news-letters, attending community meetings, participating in social media activities, conduct outreach to minority populations and participate in youth outreach programs. Measure: General 1 0 Goal: Law Enforcement Agencies ONLY: In which of the following ways has your agency fostered community involvement in the last year? Enter all that apply from the following list: Citizen Review Board or other review board with citizen representation, Citizen's Police Academy, Internships for university or high school students, Volunteer Program, Auxiliary police officer program, Police Cadet Program, k-12 school programs, Youth Athletic Programs, Other (please Describe), None of the above, Unsure/Don't know. The agency has sponsored Citizen Police Academies, a Civilian Volunteer Program and a Police Explorer (Cadet) Program. Application Ref# 2017-JAGC-3083 Section #3 Page 2 of 4 Contract 2017 -JAGC-DUVA-4-F9­ Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Measure: General 11 Goal: Identify the goal(s) you hope to achieve with your funding. If you have multiple goals, describe each goal separately. 1. Assist citizens in need with obtaining public assistance and services. 2. Participate in at risk youth diversion program(s). 3. Provide a police liaison to communicate with the business community. Measure: General 12 Are the subrecipient and implementing agency aware that they will be required to report on the status of the identified goals during each reporting period? Goal: Yes Measure: General 13 Describe any barriers you may encounter which may prevent you from achieving your identified goal(s}. Goal: Barriers may be encountered if programs outside this agency which provide a venue related to our goals are not continued. Measure: General 14 Are you aware that the Office of Criminal Justice Grants encourages recipients to report on any noteworthy accomplishments, success stories, or program results that they would like to showcase? Goal: Yes Measure: General 11 b What major activities are planned for each of your goals listed in question 11? Goal: 1. Maintain a relationship with the Hope Team of N.E. FL to provide services and resources to citizens in need. 2. Participate in the Neighborhood Accountability Board (NAB)to promote youth diversion as an option to prosecution. 3. Keep open lines of communication with area businesses to promote cooperation and understanding. · State Purpose Area: 2P -Personnel Objectives and Measures Objective: Personnel Questions -Questions for all recipients using personnel. Measure: Personnel 1 During the grant period, approximately how many overtime hours will be funded by JAG? Goal: 0 Measure: Personnel 2 Application Ref# 2017-JAGC-3083 Section #3 Page 3 of 4 Contract 2017 -JAGC-DUVA-4-F9­ Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Goal: During the grant period, how many personnel will have their salary or pay funded, at least partially, with JAG funds? 2 Measure: Personnel 3 How many new positions will be created with JAG funds during the grant period? Goal: 0 Application Ref# 2017 -JAGC-3083 Section #3 Page 4 of 4 Contract 2017-JAGC-DUVA-4-F9­ Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR I Vendor Number: 596000267 Budget: Budget Category Federal Match Total Salaries and Benefits $20,800.00 $0.00 $20,800.00 Contractual Services $0.00 $0.00 $0.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 ··Totals·· $20,800.00 $0.00 $20,800.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref# 2017 -JAGC-3083 Section #4 Page 1 of 3 Contract 2017-JAGC-DUVA-4-F9­ Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Budget Narrative: Salaries and Benefits: (1) Full time COPS Officer Salary= $46,453 Hourly Rate= $21.27 (2184 hours) Federal award will fund approximately 45% = $20,800 1. The grant will pay for the salary of (1) COPS officer and no benefits or Overtime. 2. The COPS Officer will work 100% on this projecUprogram. 3. The grant will be charged at 1 00% until all funds budgeted for the COPS Officer position have been expended. The agency will continue to fund the position through the end of the period. Application Ref# 2017-JAGC-3083 Section #4 Page 2 of 3 Contract 2017-JAGC-DUVA-4-F9­ Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Section Questions: Question: If the budget contains salaries and benefits, will this project result in a net personnel increase, or continue to fund a prior federally grant funded net personnel increase? Answer: Yes Question: Answer: If Expenses or Operating Capital Outlay are included in your budget, what will be the method of procurement for those items? (e.g., competitive bid, sole source, state term contract) N/A Question: Answer: If indirect cost is included, explain the indirect cost plan. Provide documentation of approval. N/A Question: Answer: If contractual services in the budget are based on unit costs, provide a definition and breakdown of cost for each service. Include the methodology for the unit cost plan and when it was approved. N/A Application Ref# 2017 -JAGC-3083 Section #4 Page 3 of 3 Contract 2017 -JAGC-DUVA-4-F9­ Rule Reference 110-9.006 OCJG-005 (rev. Oclober 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Insert Standard Conditions Page here. Application Ref# 2017-JAGC-3083 Section #5 Page 1 of 1 Contract 2017-JAGC-DUVA-4-F9-119 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 IEdward Byrne Memorial Justice Assistance Grant (JAG) Program ISTANDARD CONDITIONS I The State of Florida, Department of Law Enforcement (FDLE or Department) is a recipient of federal JAG funds. FDLE, as the non-federal pass-through entity and State Administering Agency (SAA) for this program, subawards JAG funds to eligible units of government. All subawards made by FDLE to units of government under this program require compliance with the agreement and Standard Conditions upon signed acceptance of the subaward. I The following terms and conditions will become binding upon approval of the application or subaward, and completion of the Certificate of Acceptance by the subrecjpient. As a unit of government, the subrecipient will maintain required state and federal registrations and certifications for eligibility under this program. For JAG-Countywide subawards, I the designated County Coordinator for local units of government will submit documentation in accordance with Florida Administrative Code 11 D-9 supporting the strategic planning for allocation of these funds. The subrecipient agrees to submit required programmatic and financial reports supporting that eligible activities were completed in accordance with the grant and program requirements. I The Department will only reimburse subrecipients for authorized activities. The Department will not reimburse for !costs incurred for any purpose other than those specified in the agreement. Failure to comply with provisions of this agreement, or failure to perform grant activities as specified in the agreement, will result in required corrective action up to and including financial consequences. A financial consequence may be imposed for non-compliance in accordance with 2 C.F.R. § 200 and these Standard Conditions, including but not limited to project costs being disallowed, withholding of federal funds and/or termination of the project. All subrecipients must comply with requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide), http://ojp.gov/financialguide/DOJ/pdfs/2015 DOJ FinanciaiGuide.pdf, the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance, federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: Florida Administrative Code, Chapter 11 D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": www.flrules.org Office of Management and Budget (OMB) Uniform Grant Guidance (2 C.F.R. § 200) Subpart A Definitions, Subparts B·D Administrative Requirements, Subpart E Cost Principles, Subpart F Audit Requirements and all applicable Appendices. This guidance supersedes previous OMB Circulars and Standard Conditions and is applicable to any new subawards made under Federal grants awarded on or after December 26, 2014. http://www.ecfr.gov/cgi-bln/text-idx?SID:::62764122c780e5d1 d2134127afadc30d&node=2:1.1.2.2.1 &rgn=div5 Code of Federal Regulations: www.gpo.gov/fdsys/ 2 C.F.R. § 175.15(b), "Award Term for Trafficking in Persons" 28 C.F.R. § 38, "Equal Treatment for Faith-Based Organizations" 28 C.F.R. § 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) 28 C.F.R. § 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)" 28 C.F.R. §§ 18, 22, 23, 30, 35, 42, 61, and 63 Public Law Pub. L. No. 109-162, Title Xi-Department of Justice Reauthorization, Subtitle B-lmproving the Department of Justice's Grant Programs, Chapter 1-Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne. Grant Program and Local Law Enforcement Block Grant Program: http://www.gpo.gov/fdsys/pkg/PLAW·1 09publ162/pdf/PLAW-1 09publ162.pdf United States Code: www.gpo.gov/fdsys/ 42 U.S.C. §§ 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: http://dlis.dos.state.fl.us/barm/genschedules/GS2-2008·Rev2010.pdf SFY2017 JAG Standard Conditions Page 1 of 23 Rev. 09/2016 ' Item 4C January 9, 2017 Performance goal means a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate. In some instances (e.g., discretionary research awards), this may be limited to the requirement to submit technical performance reports (to be evaluated in accordance with agency policy). Period of performance means the time during which the non-Federal entity may incur new obligations to carry out the work authorized under the Federal award. The Federal awarding agency or pass-through entity must include start and end dates of the period of performance in the Federal award (See 2 C.F.R. §§ 200.21 O(a)(5), "Information contained in a Federal award" and 200.331{a}(1)(iv), "Requirements for pass-through entities"). ! I Protected Personally Identifiable Information (PII} means an individual's first name or first initial and last name in combination with any one or more of types of information, including, but not limited to social security numbers: passport numbers: credit card numbers: clearances; bank numbers: biometrics: date and place of birth; mother's maiden name; criminal, medical, and financial records; and educational transcripts. This does not include Pll that is I required by law to be disclosed. (See 2 C.F.R. § 200.79 Personally Identifiable Information {PII}}. Questioned cost means a cost that is questioned by the auditor because of an audit finding ·1) that resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for I funds used to match Federal funds; 2} where the costs, at the time of the audit, are not supported by adequate documentation: or 3) where the costs Incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. I I Simplified acquisition threshold means the dollar amount below which a non-Federal entity may purchase property I or services using small purchase methods. Non-Federal entities adopt small purchase procedures in order to I expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition I threshold is set by the Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. § 1908. As of the publication of this part, the simplified acquisition threshold is $150,000, but this threshold is periodically adjusted for inflation. (Also see definition of Micro-purchase, 2 C.F.R. § 200.67} I ISubaward/Subgrant means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or i payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. I ! Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Supplies means all tangible personal property other than those described in 2 C.F.R. § 200.33, "Equipment". A Icomputing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non-Federal entity for financial statement purposes or $5,000, regardless of the length of its useful life. (See 2 C.F.R. §§ 200.20, "Computing devices" and 200.33, "Equipment.") I I I I I ~ I !SFY2017 JAG Standard Conditions Page 3 of23 Rev. 09/2016 I ! ~ Item 4C January 9, 2017 9.0 State Restrictions on Lobbying -In addition to the provisions contained above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this agreement. 10.0 Additional Restrictions on Lobbying-The subrecipient understands and agrees that it cannot use any f~deral funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. 11.0 "Pay-to-Stay" -Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon an offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 12.0 The Coastal Barrier Resources Act -The subrecipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (Pub .. L. No. 97-348) dated October 19, 1982 (16 U.S.C. §§ 3501 et seq.) which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 13.0 Enhancement of Security-If funds are used for enhancing security, the sub recipient agrees to: 13.1 Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. 13.2 Conduct such an assessment with respect to each such enhancement; and submit to the Department the aforementioned assessment in its Final Program Report. 14.0 Background Check-Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of§ 435 Fla. Stat. shall apply. 14.1 All positions in programs providing care to children, the developmentally disabled, or vulnerable adults I for 15 hours or more per week; all permanent and temporary employee positions of the central abuse I hotline; and all persons working under contract who have access to abuse records are deemed to be I persons and positions of special trust or responsibility and require employment screening pursuant to § i 435, Fla. Stat., using the leve12 standards set forth in that chapter. f f14.2 All employees in positions designated by law as positions of trust or responsibility shall be required to ' undergo security background Investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited fto, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile record checks through the Florida Department of Law Enforcement, and federal criminal record checks through the Federal Bureau of Investigation, and may include local criminal r record checks through local law enforcement agencies. r i l 14.2.1 Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified ~ for employment in such position or, if employed, shall be dismissed. ! 14.2.2 Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, I when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it In the processing of the fingerprints. I ISFY2017 JAG Standard Conditions Page 5 of 23 Rev. 09/2016 I I Item 4C January 9, 2017 5.0 In the event a federal or state court, or a federal or state administrative agency, makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to FDLE and to the Office for Civil Rights, Office of Justice Programs. 6.0 In accordance with federal civil rights laws, the subrecipient shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. 7.0 Subrecipients must include comprehensive Civil Rights/Nondiscrimination Provisions in all contracts funded by the subgrant recipient. 8.0 If the subrecipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the subrecipient, with FDLE, or with the Office for Civil Rights. Discrimination complaints may be submitted to FDLE at Office of the Inspector General, Post Office Box 1489, Tallahassee, Florida 32302-1489, or online at info@fdie.state.fl.us. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 ih Street, Northwest, Washington, D.C. 20531, or by phone at (202) 307-0690. 9.0 The subrecipient must have procedures in place for responding to discrimination complaints that employees, clients, customers, and program participants file directly with the subrecipient. 10.0 The subrecipient must have written policies or procedures in place for notifying program beneficiaries how to file complaints alleging discrimination by the subrecipienUimplementing agency with FDLE or the OCR. 11.0 Any discrimination complaints filed with FDLE will be reviewed by FDLE's Inspector General and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the Equal Employment Opportunity Commission, based on the nature of the complaint. 12.0 Americans with Disabilities Act-Subrecipients must comply with the requirements of the Americans with Disabilities Act (ADA) (Pub. L. No. 101-336), which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title Ill), and telecommunications (Title IV). 13.0 Rehabilitation Act of 1973 (28 C.F.R. § 42(G)) ·If the subrecipient has 50 or more employees and receives DOJ funding of $25,000 or more, the subrecipient must take the following actions: 13.1 Adopt grievance procedures that incorporate due process standards and provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Section 504 of the Rehabilitation Act of 1973, found at 28 C.F.R. § 42(G), which prohibit discrimination on the basis of a disability in employment practices and the delivery of services. 13.2 Designate a person to coordinate compliance with the prohibitions against disability discrimination contained in 28 C.F.R. § 42(G). 13.3 Notify participants, beneficiaries, employees, applicants, and others that the subrecipienUimplementing agency does not discriminate on the basis of disability. 14.0 Limited English Proficiency (LEP) ·In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at www.lep.gov. FDLE strongly encourages subgrant recipients to have a written LEP Language Access Plan. 15.0 Title IX of the Education Amendments of 1972 (28 C.F.R. §54)· If the subrecipient operates an education program or activity, the subrecipient must take the following actions: 15.1 Adopt grievance procedures that provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Title IX of the Education Amendments of 1972, found at 28 C.F.R. §54, which prohibit discrimination on the basis of sex. SFY2017 JAG Standard Conditions Page 7 of23 Rev. 09/2016 I I I I I Item 4C January 9, 2017 1.0 Obligation of Subrecipient Funds -Subaward funds shall not under any circumstances be obligated prior to I , the effective date, or subsequent to the termination date, of the period of performance. Only project costs incurred on or after the effective date, and on or prior to the termination date of the subrecipient's project are eligible for reimbursement. All payments must be completed within thirty (30) days of the end of the subaward period of performance. I , 2.0 Advance Funding -Advance funding may be provided to a subrecipient upon a written request to the IDepartment. The request must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. I3.0 Trust Funds ! ! 3.1 The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund I I! may or may not be an interest bearing account. 3.2 The account may earn interest, but any earned interest must be used for program purposes and expended before the federal grant period end date. Any unexpended interest remaining at the end of the federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. I ~ 4.0 Performance I 4.1 Subaward Performance-The subrecipient must comply wlth state and federal requirements for subaward performance under 2 C.F.R. §§ 200.76-77. The subaward shall describe the timing and I scope of expected performance as related to the outcomes Intended to be achieved by the program. l Where appropriate, the subaward should provide specific performance goals, indicators, milestones, or ) expected outcomes (such as outputs, or services performed or public impacts of any of these) with an expected timeline for accomplishment. Submitted programmatic reports must clearly articulate, where appropriate, performance during the execution of the award has met a standard against which the subrecipient's performance can be measured. These requirements should be aligned with agency strategic goals, strategic objectives, or performance goals that are relevant to the program. 4.2 Performance of Agreement Provisions -In the event of default; non-compliance; or violation of any provision of this agreement by the subrecipient, the subrecipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of.the agreement in whole or in part. In such event, the Department shall notify the subrecipient of its decision thirty (30) days in advance of the effective date of such sanction. The subrecipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 5.0 Grant Adjustments -Subrecipients must submit a grant adjustment through SIMON for major substantive changes such as: scope modifications or changes to project activities, target populations, service providers, implementation schedules, project director, designs or research plans set forth in the approved agreement, and for any budget changes that affect a cost category that was not included in the original budget. Adjustments are also required when there will be a transfer of 10% or more of the total budget between budget categories, or there is an indirect cost rate category change. 5.1 Subrecipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item. 5.2 Under no circumstances can transfers of funds increase the total budgeted award. 5.3 Requests for changes to the subaward agreement must be electronically signed by the subrecipient or implementing agency's chief official or the chief official's designee. 5.4 All requests for changes must be submitted in SIMON no later than thirty (30) days prior to grant expiration date. 6.0 Required Reports -All reports must relate financial data to performance accomplishments. Subrecipients must submit both reports on the same reporting cycle. SFY2017 JAG Standard Conditions Page 9 of 23 Rev. 09/2016 Item 4C January 9, 2017 6.4 Law Enforcement Training -Any law enforcement agency receiving JAG funding must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict and constructive engagement with the public. 6.5 Other Reports-The subrecipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 1.0 Access to Records -The Florida Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subrecipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. The Department reserves the right to unilaterally terminate this agreement if the subrecipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of§ 119, Fla. Stat., unless specifically exempted and/or made confidential by operation of § 119, Fla. Stat., and made or received by the subrecipient or its contractor in conjunction with this agreement. The subrecipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 2.0 Monitoring -The recipient agrees to comply with FDLE's grant monitoring guidelines, protocols, and procedures; and to cooperate with FDLE on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, site visits, and/or Florida Department of Financial Services contract reviews and Expanded Audits of Payment (EAP). The recipient agrees to provide FDLE all documentation necessary to complete monitoring of the award and verify expenditures in accordance with § 215.971, Fla. Stat. Further, the recipient agrees to abide by reasonable deadlines set by FDLE for providing requested documents. Failure to cooperate with grant monitoring activities may result in sanctions affecting the recipient's award, including, but not limited to: withholding and/or other restrictions on the recipient's access to funds, referral to the Office of the Inspector General for audit review, designation of the recipient as a FDLE High Risk grantee, or termination of award{s). 3.0 Property Management -The subrecipient shall establish and administer a system to protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, or 2 C.F.R. § 200, as applicable. This obligation continues as long as the subrecipient retains the property, notwithstanding expiration of this agreemen. 3.1 Property Use -The subrecipient must use equipment acquired' under a Federal award for the authorized purposes of the project during the period of performance, or until the property is no longer needed. Subrecipients must use, manage, and dispose of equipment acquired under a Federal award in accordance with§ 274, Fla. Stat. and 2 C.F.R. § 200.313, "Equipment". 4.0 Subaward Closeout-A Financial Closeout Audit shall be submitted to the Department within forty-five (45) days of the end date of the performance period. The Financial Closeout Audit must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer's designee. 5.0 High Risk Subrecipients -The subrecipient agrees to comply with any additional requirements that may be imposed during the grant performance period if FDLE's pre-award risk assessment or the U.S. Department of Justice determines the subrecipient is a high-risk grantee. (28 C.F.R. §§ 66, 70) 6.0 Reporting, Data Collection and Evaluation -The subrecipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by FDLE. SFY2017 JAG Standard Conditions Page 11 of 23 Rev. 09/2016 Item 4C January 9, 2017 9.7 Subrecipients that expend less than $750,000 in federal awards during a fiscal year are exempt from the audit requirements of 2 C.F.R. § 200(F) for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subrecipient is exempt. This notice shall be provided to the Department no later than June 30 following the end of the fiscal year. 9.8 If this agreement is closed without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. 9.9 The Federal Audit Clearinghouse is the repository of record for 2 C.F.R. § 200(F). Audits performed as a result of this requirement must be completed and submitted to the Federal Audit Clearinghouse within the earlier of thirty (30) calendar days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. Submissions must include required elements described in 2 C.F.R. § 200, Appendix X, on the specified Data Collection Form (Form SF-SAC), and be signed by a senior level representative or chief official of the auditee. A scanned copy of the completed audit reports or a link to the electronic audit report should be sent via email to criminaliustice@fdle.state.fl.us or mailed to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 1.0 Procurement Procedures· Subrecipients must use documented procurement procedures which reflect applicable state, local, and tribal laws and regulations, provided that the procurement standards conform to federal procurement guidelines (2 C.F.R. §§ 200.317-326). 2.0 Federal Procedures ·All procedures employed in the use of federal funds for any procurement shall also be according to 28 C.F.R. § 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", 2 C.F.R. § 200.318, "General procurement standards", and Florida law to be eligible for reimbursement. 3.0 Cost Analysis ·A cost analysis must be performed by the subreciplent if the cost or price is above the simplified acquisition threshold of $150,000. Costs or prices based on estimated costs for contracts are allowable only if allowable under 2 C.F.R. § 200.405(e),"Cost Principles". 4.0 Allowable Costs ·Allowance for costs incurred under the subaward shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, 28 C.F.R. § 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; and 2 C.F.R. § 200.405(e), "Cost Principles". 4.1 All procedures employed in the use of federal funds for any procurement shall be according to 28 C.F.R. § 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", 2 C.F.R. § 200.420, "Considerations for selected items of cost"; and Florida law to be eligible for reimbursement. 4.2 Subrecipients eligible to use the "de minimis" indirect cost rate described in 2 C.F.R. § 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise FDLE Office of Criminal Justice Grants in writing of both its eligibility and election, and must comply with all associated requirements in the OMS Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC). 4.3 Indirect cost proposals for local and state units of government must comply with 2 C.F.R. § 200, Appendix VII. · SFY2017 JAG Standard Conditions Page 13 of 23 Rev. 09/2016 Item 4C January 9, 2017 6.5 Unmanned Aerial Vehicles -The recipient agrees that awarded funds may not be expended on unmanned aircraft, unmanned aircraft systems, or aerial vehicles (US, UAS, or UAV) unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order. Additionally, any funding approved for this purpose would be subject to additional reporting, which would be stipulated by FDLE post award. 7.0 Review prior to Procurement-Subrecipients are encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods/services. Subrecipients are also encouraged to use excess and surplus property in lieu of purchasing new equipment and property when this is feasible. 8.0 Sole Source -If the project requires a purchase of services or equipment from a sole source, the subrecipient must complete the Sole Source Justification for Services and Equipment Form. If the subrecipient is a state agency and the cost is at least $150,000, then the agency must submit a copy of the approval from the Department of Management Services(§ 287.057(5), Fla. Stat.). Sole Source form must be signed by the subgrant recipient or implementing agency chief official or an individual with formal, written signature authority for the chief official. 9.0 Personal Services -Subrecipients may use grant funds for eligible personal services (salaries/benefits and overtime) and must maintain Internal controls over salaries and wages. The following requirements apply to personal services paid with subgrant funds: 9.1 Timesheets-Timesheets must be kept for all project staff whose hours will be charged to the project. The timesheets must be signed by the supervisor and clearly indicate hours spent on project activities. 9.2 Additional Documentation ·In accordance with§ 215.971, Fla. Stat., the Florida Department of Financial Services may require documentation validation that personnel services were performed on project-related activities in accordance with the contract agreement. 9.3 Protected personally identifiable information -The subreclpient shall take reasonable measures to safeguard protected personally identifiable Information and other information the pass-through entity designates as sensitive or the subrecipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. 9.4 Overtime for Law Enforcement Personnel -Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation Is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 9.5 Employees Working Solely on a Single Federal Award-For any position that works 100% of its time on a single federal award, the employee must certify that 100% of his or her time was spent working on that federal award. This requirement applies to both full time and part time positions regardless of the percentage of the position's salary that is charged to the grant. The certification must be signed by both the employee and the employee's direct supervisor having firsthand knowledge of the work performed by the employee. The forms must be submitted semi-annually and may not be signed prior to the end of the reporting period. Certifications must be provided to cover the entire grant period 9.6 Maximum Allowable Salary-No portion of these federal grant funds shall be used towards any part of the annual cash compensation of any employee of the subrecipient whose total annual cash compensation exceeds 110% of the maximum salary payable to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year. (The salary table for SES employees may be found at https://www.opm.gov/policy-data­ oversiqht/pay-leave/salaries-wages/salarv-tables/16Tables/exec/htmi/ES.aspx.) A subrecipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds. This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 9.7 Percentage of Salary Funded-For any position previously funded with JAG funds, the percentage of the salary to be paid must not exceed prior funding percentage. SFY2017 JAG Standard Conditions Page 15 of 23 Rev. 09/2016 Item 4C January 9, 2017 12.3 Publication or Printing of Reports-The subrecipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web­ based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. The subrecipient understands and agrees that any training materials developed or delivered with grant funding must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees found at http://ojp.gov/funding/lmolement!TraininqPrinciplesForGrantees­ Subgrantees.htm. All materials publicizing or resulting from award activities shall contain the following statements identifying the federal award: "This project was supported by Award No.___ awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the authors and do not necessarily reflect the views of the Department of Justice". 12.4 Patents-If any program produces patentable items, patent rights, processes, or inventions, in the course of work sponsored by the federal award or subaward funds, such facts must be promptly and fully reported to the awarding agency. 12.4.1 Unless there is a prior agreement between the subrecipient and the Department on disposition of such items, the Department may determine whether protection on the invention or discovery will be sought. 12.4.2 The Department will also determine how rights in the invention or discovery (including rights under any patents issued) will be allocated and administered in order to protect the public interest consistent with "Government Patent Policy" ("President's Memorandum for Heads of Executive Departments and Agencies," (August 23, 1971 ), and statement of Government patent policy, as printed in 36 Federal Register 16839). 12.4.3 Government regulations have been issued in 37 C.F.R. § 401 by the U.S. Department of Commerce. 13.0 Confidential Funds and Confidential Funds Certificate -A signed certification that the Project Director or Implementing Agency Chief Official has read, understands, and agrees to abide by all conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required for all projects that involve confidential funds. The signed certification must be submitted at the time of grant application. This certificate certifies the Project Director has read, understands, and agrees to abide by the provision in Section 3.12 of the Office of Justice Programs Financial Guide. This form must be submitted upon application if applicable. Confidential Funds certifications must be signed by the sub recipient or implementing agency Chief Official or an individual with formal, written signature authority for the Chief Official. 14.0 Task Force Training Requirement-The subrecipient agrees that within 120 days of award, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. When FDLE awards funds to support a task force, the subrecipient must compile and maintain a task force personnel roster along with course completion certificates. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli .orq). SFY2017 JAG Standard Conditions Page 17 of23 Rev. 09/2016 Item 4C January 9, 2017 17.0 Drug Court Projects-A Drug Court Project must comply with§ 397.334, Fla. Stat., 'Treatment-Based Drug Court Programs." 1.0 Ballistic Resistant and Stab Resistant Body Armor and Body Worn Camera 1.1 Mandatory Wear Policy-Subrecipients that wish to purchase armor with JAG funds must certify that law enforcement agencies receiving vests have a written "mandatory wear" policy in effect. This policy must be in place for at least all, uniformed officers before funding can be used by the agency for body armor. There are no requirements regarding the nature of the policy other than It being a mandatory wear policy for all uniformed officers while on duty. FAQs related to the mandatory wear policy and certifications may be found at www.bja.gov/Fundinq/JAGFAQ.pdf. 1.2 BVP Program -JAG funds may be used to purchase armor for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. 1.3 NIJ Compliance -Body armor purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http://nij.gov). In addition, body armor purchased must be American­ made. The latest NIJ standard information may be found at www.nii.gov/topics/technoloqy/body-armor. 1.4 Body Worn Camera Certification -Any subrecipient who wishes to use JAG funds to purchase BWC equipment, or to implement or enhance BWC programs, must certify that they or the law enforcement agency receiving the BWC funding have policies and procedures in place related to equipment usage, data storage, privacy, victims, access, disclosure, and training. For more information on BWC requirements, example policies, ana best practices, visit https://www.bja.gov/bwc/. 2.0 Environmental Protection Agency's (EPA) list of Violating Facilities -The subrecipient assures that the Ifacilities under its ownership, lease or supervision which shall be utilized In the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. g I 3.0 National Environmental Policy Act (NEPA) I 3.1 The subrecipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses requirements In the use of subaward I funds by the subrecipient. This applies to the following new activities whether or not they are being specifically funded with these subaward funds. That is, it applies as long as the activity is being conducted by the subrecipient or any third party and the activity needs to be undertaken in order to use I these subaward funds. Accordingly, the subrecipient agrees to first determine if any of the following Iactivities will be funded by the grant, prior to obligating funds for any of these purposes. If it is r determined that any of the following activities will be funded by the grant, the recipient agrees to contact 1 FDLE OCJG. I I3.1.1 New construction i 3.1.2 Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the ! National Register of Historic Places or (b) located within a 1 00-year flood plain; a wetland, or Ihabitat for endangered species, or a property listed on or eligible for listing on the National ft Register of Historic Places; ' 3.1.3 A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in Its basic prior use or (b) significantly change its size; and I3.1.4 Implementation of a new program involving the use of chemicals other than chemicals that are ~ (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, In office, household, recreational, or educational environments. I t SFY2017 JAG Standard Conditions Page 19 of 23 Rev. 09/2016 ! I! Item 4C January 9, 2017 4.2.7 Monitor the transport, disposal, and recycling components of subparagraphs 4.2.5 and 4.2.6 immediately above in order to ensure proper compliance; 4.2.8 Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's 1) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and 2) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing federal and state requirements; and 4.2.9 Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law; at the site. This agreement must ensure immediate response by qualified personnel who can 1) respond to the potential health needs of any minor at the site; 2) take that minor into protective custody unless the minor Is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; 3) ensure immediate medical testing for methamphetamine toxicity; and 4) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity 5.0 National Historic Preservation Act-The Act will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Executive Order 11593 {identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. §§ 469 a-1, et seq.), and the National Environmental Policy Act of 1969 {42 U.S.C. § 4321 ). 6.0 Human Research Subjects -Subrecipient agrees to comply with the requirements of 28 C.F.R. § 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 7.0 Trafficking in Persons -The subrecipient must comply with applicable requirements pertaining to prohibited conduct relating to the trafficking of persons, whether on the part of recipients, subrecipients or individuals defined as "employees" of the subreciplent. The details of the recipient and subrecipient obligations related to prohibited conduct related to trafficking in persons are incorporated by reference and posted at www.ojp .gov/fundinq/Explore/ProhibitedCond uct-Trafficking. htm. 8.0 Global Standards Package-In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the recipient to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Recipient shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: www.it.ojp.gov/gsp grantcondition. Recipient shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 9.0 Disclosures 9.1 Conflict of Interest-The subrecipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Subrecipients must disclose in writing any potential conflict of interest to FDLE {the non-federal pass-through entity). 9.2 Violations of Criminal Law-The subrecipient and implementing agency must disclose all violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting the sub award. 9.3 Sanctuary Cities -The subrecipient and implementing agency must certify compliance with 8 U.S.C. § 1373. The subrecipient and implementing agency must agree to notifing FDLE {the non-federal pass­ through entity) in writing of any potential violations of 8 U.S.C. § 1373. SFY2017 JAG Standard Conditions Page 21 of 23 Rev. 09/2016 Item 4C January 9, 2017 19.0 Compliance with 41 U.S.C § 4712-The subrecipient must comply with all applicable provision of 41 U.S.C. § 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, gross waste of federal funds, and abuse of authority relating to a federal grant, a substantial or specific danger to public health or safety, or a violation of law, rule or regulation related to a federal grant. j I r I t i I I I SFY2017 JAG Standard Conditions Page 23 of23 IRev. 09/2016 I Item 4C January 9, 2017 •·" Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide In witness whereof, the parties affirm they each have read and agree to the conditions set forth in ·this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page,' including Strikeovers, whiteout, etc. are not ac~eptable. Signature: ~L'Li'[;t-kU-cg Typed Name and Title: Petrina T. Herring. Bureau Chief Date: lt/l8f'Za.le Typed Name of Subgrant Recipient: ----:::C;;;;i=tv=o""f"""'"A..:.:.tl=a"-'-nt=ic=-=Be=a=c=-=-h,__________ ::s~ ,;szc:? ---......Signature: Typed Name and Title: Mitchell Reeves, Mayor Date: '8'/-<'YJ(,_ Signature: J. Michael Deal, Chief of PoliceTyped Name and Title: Date: Application Ref# 2017-JAGC-3083 Section #6 Page 1 of 1 Contract -JAGC-DUVA--­ Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Insert Certifications and Authorizations here. Application Ref# 2017-JAGC-3083 Section #7 Page 1 of 1 Contract 2017-JAGC-DUVA-4-F9-119 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2017-JAGC-DUVA-3-F9-020, in the amount of$ 42,000.00, for a project entitled, 2016/2017 CRIME SUPRESSION UNIT, for the period of 10/01/2016 through 09/30/2017, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. This subaward requires that the subrecipient adhere to the following: No recipient or subrecipient, or entity thaJ receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to restrict, the reporting of waste, fraud or abuse in accordance with the law to a department or agency authorized to receive such information. This is not intended to contravene requirements applicable to classified, sensitive or ~xempt information. In accepting this award, the subgrantee certifies that it neither requires nor has required employees or contractors to sign suc.h internal confidentiality agreements or statements. · The City of Atlantic Beach must undertake a review to validate its compliance with 8 U.S.C. § 1373. If determined to be in compliance at the time of review, the City of Atlantic Beach must submit documentation that contains a validation to that effect and includes an official legal opinion from counsel (including related legal anarysis) adequately supporting the validation. If the City of Atlantic Beach determines it is not in compliance at the time of review, sufficient and effective step~ must be taken to bring the City of Atlantic Beach into compliance therewith and thereafter submit documentation that details the steps taken, contains a validation that the City of Atlantic Beach has come into compliance, and includes an official legal opinion from counsel (including related legal analysis) adequately supporting the validation. In accepting this award, the subgrantee unit of government certifies it will provide documentation to FDLE's Office of Criminal Justice Grants by March 31, 2017. Failure to comply with this condition could result in the withholding or repayment of grar)t funds, suspension or termination of the grant, ineligibility for future FDLE subawards, or other administrative, civil, or criminal penalties. (Signature of Subgrantee's Authorized Official) (Print Name and Title of Official) (Name of Subgrantee) (Date of Acceptance) Rule Reference 110-9.006 OCJG-012 (rev. June 2012) Item 4C January 9, 2017 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 ATTESTATIONS AND CERTIFICATIONS This form is required to be completed by the authorized official, or authorized official designee, of all subgrantee units of government receiving Edward Byrne Memorial Justice Assistance Grant (JAG) program federal pass-through funding from the Florida Department of Law Enforcement. In accepting this award, the subgrantee certifies that it will comply with the requirements set forth below and/or any other requirements of the subaward. Failure to do so may result in a hold or freeze on the drawdown of federal funds, and/or suspension or termination of the agreement. Procurement Standards: The subgrantee, through its authorized representative, certifies the unit of government below has written procurement policies and standards that are compliant with the requirements set forth in the Office of Management and Budget (OMB) Uniform Requirements, 2 C.F.R. §§ 200.317-326, and OJP Financial Guide, Section 3.8. Additionally, the subgrantee assures these policies and standards will be utilized for all federal grant related procurement activities. Conflict of Interest: Decisions related to use of these grant funds must be free of undisclosed P.ersonal or organizational conflicts of interest, both in fact and in appearance. The subgrantee, through its authorized representative, certifies the unit of government below is compliant with OMB Uniform Requirements, 2 C.F.R. § 200.112, and OJP Financial Guide, Section 3.20 regarding Conflict of Interest, and will notify FDLE Office of Criminal Justice Grants, in writing, of any potential conflicts of interest in accordance with this agreement. The recipient also agrees to disclose in a timely manner, in writing, all violations of state or federal criminal law involving fraud, bribery or gratuity violations. · Organization Name: City of Atlantic Beach Subaward Number: 2017-JAGC-DUVA-3-F9-020 (Printed Name and Title of Authorized Official) (Signature of Authorized Official) (Date) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement JAGC Subgrant Recipient Organization Name: City of Atlantic Beach County: Duval Chief Official Name: Mitchell Reeves Title: Mayor Address: 800 Seminole Road City: Atlantic Beach State: FL Zip: 32233-5444 Phone: 904-247-5809 Ext: Fax: Email: mreeves@coab.us Chief Financial Officer Name: Russell Caffey Title: Director of Finance Address: 800 Seminole Road City: Atlantic Beach State: FL Zip: 32233-5461 Phone: 904-247-5807 Ext: Fax: Email: Rcaffey@coab.us Application Ref# 2017 -JAGC-297 4 Section #1 Page 1 of 2 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement JAGC Implementing Agency Organization Name: Atlantic Beach Police Department County: Duval Chief Official Name: Victor Gualillo Title: Interim Chief Address: 850 Seminole Road City: Atlantic Beach State: FL Zip: 32233-5444 Phone: 904-247-5859 Ext: Fax: 904-247-5867 Email: vgualillo@coab.us Project Director Name: Tiffany Layson Title: Lieutenant Address: 850 Seminole Road City: Atlantic Beach State: FL Zip: 32233 Phone: 904-247-5876 Ext: Fax: 904-247-5899 Email: tlayson@coab.us Application Ref# 2017 -JAGC-297 4 Section #1 Page 2 of 2 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide General Project Information Project Title: 2016/2017 CRIME SUPRESSION UNIT Subgrant Recipient: City of Atlantic Beach Implementing Agency: Atlantic Beach Police Department Project Start Date: 10/1/2016 End Date: 9/30/2017 Problem Identification The City of Atlantic Beach is a coastal community within Duval County. Three beach communities within Duval County, Neptune Beach, Jacksonville Beach and Atlantic Beach share concurrent jurisdiction with each other and the City of Jacksonville. Together these jurisdictions make up the 820,000 plus residents of Duval County. The eastern portion of Duval County where the City of Atlantic Beach lies is a typical densely populated costal community adjacent to a large city. To the north of Atlantic Beach is the Mayport Naval Air Station (NAS) which has the third highest fleet concentration of naval bases in the US. The main thoroughfare in and out of NAS Mayport is SR A1A (Mayport Rd) which runs through the City of Atlantic Beach's municipal jurisdiction. To the east and west of this roadway within the city of Atlantic Beach there are numerous businesses, rental properties and high density housing complexes which serve military and civilian personnel alike. The incidents of property crime, violent crime and vice related activity are high along the Mayport Road Corridor. The more frequent occurrence of crime in along this corridor has a direct negative impact on the quality of life for citizens and businesses in the area. The general resources of the Atlantic Beach Police Departments Patrol Division are not adequate to address the specific problems that relate to drugs, vice crimes, alcohol crimes and violent crimes that arise at different times and in different locations within the city. Protracted investigations, undercover operations, directed enforcement and specialized training and equipment are a few of the resources that will be employed by the personnel funded by this grant. Undercover surveillance is the optimal way to observe crimes being committed and provide for the ability to record this activity and use it for evidence in the subsequent court proceedings. When working with undercover officers or informants, the ability to record the interaction is essential for the safety of the persons involved in the operation as well as to ensure the prosecution of the criminal case. The current lack of recording equipment that is concealable and not detected by criminal targets creates obstacles both operationally and for safety. Quality of life for residents and redevelopment of businesses in area and will suffer a setback if the positive trend in crime reduction is not supported with personnel funded by this grant. Project Summary (Scope of Work) The Atlantic Beach Police Department created a Crime Suppression Unit (CSU) in 2004 to address the problems discussed above. The CSU is comprised of two full time Detectives and one assigned Sergeant who focus their efforts on drug related street crime in the Mayport Road area of the city. This is a continuation grant from last year. The CSU is not restricted to any specific location, but Mayport Road is the area where the highest incidence of drug related street crimes occur. Application Ref# 2017 -JAGC-297 4 Section #2 Page 1 of 3 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide The Goals of the CSU are to target drug related crimes, gun crimes, initiate undercover operations targeting illegal drugs and prostitution and provide resources to other agencies to combat drug related street crimes. The CSU will coordinate with other law enforcement agencies in the area including local, state, and federal authorities to further Atlantic Beach and extra jurisdictional investigations both covert and high visibility directed toward drug investigations, gun crime, vice crimes and pattern crimes. The CSU Detectives follow up on developing crime trends throughout the city and extra jurisdictional which will primarily impact all citizens of Atlantic Beach however the CSU activity may benefit citizens throughout Duval County when the unit works with other law enforcement entities. This position was created with grant funds and the program/position has been able to continue due to these grant funds. Although the position and unit have a great positive impact on the community, the city has never been able to justify one of the full time patrol officer positions funding to allocate this position in CSU. The need for officers on patrol and the constant battle of vacant positions has made it impossible to allocate this additional personnel to the Crime Suppression Unit. The Atlantic Beach Police Department will use grant funds to pay partial salaries and benefits for a federally grant-funded position. This detective will work 100% of the time to support the Crime Suppression Unit with narcotics investigations, vice investigations, alcohol law violations, and any crimes that are categorized as "trend crimes". This position will work narcotics investigations, violent crimes (to include investigations against career criminals), and conduct underage alcohol deployment operations (1 per quarter). The position will be overseen and managed by the Investigations Commander. The grant will reimburse up to 81% of the annual salary for the position to conduct authorized activities. The minimum performance for this position will be established in the local agency employment agreement and/or position description, and accounted for through evaluations and direct oversight and guidance by the supervisor. Documentation to support costs and activities will consist of timesheets, payroll records, paystubs, and/or agency records systems. All documentation to support use and expenditure of grant funds, including the establishmenUsustainment of a net personnel increase, will be available for review during grant monitoring. The deliverable for this agreement is the quarterly performance of the tasks and activities described in the scope of work, 10.5 hours a day for a 42 hour work week in accordance with local agency employment agreement and/or position description. The City of Atlantic Beach will request reimbursement of allowable costs identified in Section 4, pages 1-2 on a quarterly basis. Application Ref# 2017-JAGC-2974 Section #2 Page 2 of 3 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Section Questions: Question: Answer: What percentage of the total cost of this project is being funded by sources other than this award? 19 Question: Answer: What is the name of the jurisdiction(s) your agency provides service to. (e.g., City of Miami, Orange County, State of Florida) City of Atlantic Beach Question: What is the address of the location being used to provide services for this project? Answer: 850 Seminole Road Atlantic Beach FL 32233 Question: Describe your agency. (e.g., non-profit, community based, government) Answer: Government -local law enforcement Question: Answer: Have you verified that the subgrantee has an active and current registration in SAM.gov? Yes Question: Answer: What is the Operating Capital Outlay threshold used by the subgrantee? If the implementing agency is a sheriff's office, indicate the sheriff's office's threshold instead. $1000 Question: Answer: Does the subgrantee receive a single grant in the amount of $750,000 or more from the U.S. Department of Justice? No Question: Answer: Does the implementing agency receive a single grant in the amount of $750,000 or more from the U.S. Department of Justice? No Question: Answer: In your organization's preceding completed fiscal year, did your organization (the subgrantee) receive at least (a) 80 percent or (b) $25,000,000 of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? No Question: If you answered yes above, does the public have access to information about the compensation of the executives in your organization (the subgrantee) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? If answer to Part 1, above, was "no," answer N/A. Answer: No Question: Answer: What is the combined population of the jurisdiction(s) your agency provides services to (according to the 2010 census)? 12655 Application Ref# 2017-JAGC-2974 Section #2 Page 3 of 3 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 01 -Law Enforcement (Includes Task Forces) State Purpose Area: 1 G -General Questions Objectives and Measures Objective: General Questions -General Questions for All Recipients Measure: General 01 Will your organization be using the crimesolutions.gov website during the grant period regardless of JAG funding? Crimesolutions.gov provides information on several crime reduction and prevention programs and practices. Goal: No Measure: General 02 Will your organization be using the The National Training and Technical Assistance Center (NTTAC) during the grant period, regardless of JAG funding? The NTTAC serves as BJA's training and technical assistance center. You can find resources, tools, webinars, and TTA support on a variety of criminal justice issues and initiatives. Goal: No Measure: General 03 Will your organization be using the NCJP.org website during the grant period, regardless of JAG funding? NCJP.org contains resources to support strategic planning, program development, and implementation of evidence-based policy and practice. Goal: No Measure: General 04 Will your organization be using the Evidence-Based Policing Matrix during the grant period regardless of JAG funding? The Evidence-Based Policing Matrix provides information on evidence-based practices for law enforcement. Goal: No Measure: General 05 Will your organization be using the What Works in Reentry Clearinghouse during the grant period regardless of JAG funding? The clearinghouse provides research on the effectiveness of reentry programs and practices. Goal: No Measure: General 06 Application Ref# 2017-JAGC-2974 Section #3 Page 1 of 9 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Goal: Will your organization be using Research to Practice during the grant period regardless of JAG funding? Research to Practice promotes the dissemination of research on drug courts to practitioners and policymakers. No Measure: General 07 Goal: Will your organization be using any other resources during the grant period regardless of JAG funding? If yes, please describe them. No Measure: General 08 During the grant period, will your agency conduct or sponsor (with or without JAG funds) a survey or focus group of citizens on any of the following topics? Enter all that apply from the following list: Public satisfaction with police services; public satisfaction with prosecution services; public satisfaction with public defender/indigent defense services; public satisfaction with courts; public perceptions of crime/disorder problems; personal crime experiences of citizens; none of the above; unsure/don't know. Goal: No Measure: General 09 During the grant period, which of the following community activities will your organization be involved in, with or without JAG funds and how often will they each occur (yearly, monthly, etc.)? Choose from the following list: Hosting community meetings; attending community meetings; distributing a newsletter, e-mail, or other bulletin; attending community events; conducting social media activities; conducting outreach to minority populations; other (please describe) Goal: The department will participate in attending community meetings yearly, attending community events quarterly, conduct social media activities monthly, outreach to minority populations quarterly, youth offender diversion programs quarterly. Measure: General 1 0 Goal: Law Enforcement Agencies ONLY: In which of the following ways has your agency fostered community involvement in the last year? Enter all that apply from the following list: Citizen Review Board or other review board with citizen representation, Citizen's Police Academy, Internships for university or high school students, Volunteer Program, Auxiliary police officer program, Police Cadet Program, k-12 school programs, Youth Athletic Programs, Other (please Describe), None of the above, Unsure/Don't know. Citizens Police Academy, Citizen Volunteer Program, Police Explorer Program, Youth Offender Diversion Program Measure: General 11 Application Ref# 2017-JAGC-2974 Section #3 Page 2 of 9 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Identify the goal(s) you hope to achieve with your funding. If you have multiple goals, describe each goal separately. Goal: Conduct 35 narcotics investigations Make at least 20 narcotics related arrests Conduct 4 underage alcohol deployment operations Work 4 violent crimes Conduct 5 joint operations/investigations with outside agencies Measure: General 12 Are the subrecipient and implementing agency aware that they will be required to report on the status of the identified goals during each reporting period? Goal: Yes Measure: General 13 Describe any barriers you may encounter which may prevent you from achieving your identified goal(s). Goal: Personnel shortages limit the ability to conduct investigations or joint investigations. Measure: General 14 Are you aware that the Office of Criminal Justice Grants encourages recipients to report on any noteworthy accomplishments, success stories, or program results that they would like to showcase? Goal: Yes Measure: General 11 b What major activities are planned for each of your goals listed in question 11? Goal: undercover operations to be scheduled for narcotics investigations, specific directed operations to respond to trend crimes. State Purpose Area: 2P -Personnel Objectives and Measures Objective: Personnel Questions -Questions for all recipients using personnel. Measure: Personnel 1 During the grant period, approximately how many overtime hours will be funded by JAG? Goal: 0 . Measure: Personnel 2 During the grant period, how many personnel will have their salary or pay Application Ref# 2017-JAGC-2974 Section #3 Page 3 of 9 Contract 2017 -JAGC-DUV A-3-F9-020 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Goal: funded, at least partially, with JAG funds? 2 Measure: Personnel 3 How many new positions will be created with JAG funds during the grant period? Goal: 0 State Purpose Area: R25 -Questions for recipients of an award $25,000 or more. Objectives and Measures Objective: LE General-Law enforcement questions for recipients of an award $25,000 or more. Measure: LE01 How many sworn personnel with general arrest powers does your agency have on staff? Goal: 28 Measure: LE02 Of the sworn personnel, how many are JAG funded? Goal: 2 Measure: LE03 How many non-sworn employees does your agency have on staff? Goal: 15 Measure: LE04 Of the non-sworn personnel, how many are JAG funded? Goal: 0 Measure: LE05 Does your agency utilize a strategic management accountability system to gather and disseminate information within the agency (e.g., CompStat, stratified policing)? Strategic management accountability systems typically include a focus on the use of relevant and timely data, the production of reports detailing problems and actions taken to solve them, and regular meetings with management to discuss strategies. Goal: No Measure: LE06 Does your agency use any of the following deconfliction tools? Choose all that apply from the following list: RISSafe, SAFETNet, Case Explorer, None of the above, unsure/don't know. Application Ref# 2017-JAGC-2974 Section #3 Page 4 of 9 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Goal: yes, case explorer Objective: LE Program -Program specific law enforcement questions for recipients of an award $25,000 or more. Measure: LEO? During the grant period, will you operate a law enforcement program partially or fully funded by JAG funds? If yes, what is the name of that program? If you are operating more than one program, include the names of each one. Goal: Crime Suppression Unit (CSU) Community Oriented Police Services (COPS) Measure: LEOS During the grant period, will you operate a task force partially or fully funded by JAG funds? If yes, what is the name of the program? If you are operating more than one program, include the names of each one. Goal: No Measure: LE09 If you will operate a program or task force with JAG funds during the grant period, what percentage of the program's total costs will be paid for with sources other than this JAG award? If you will operate more than one program, answer for each separately. Goal: COPS-50% Measure: LE1 0 If you will operate a program or task force with JAG funds during the grant period, what was the initiation year of that program, regardless of when it received JAG funding? If you operated more than one program, answer for each separately. Goal: CSU-2004 COPS-2010 · Measure: LE11 Are you or a partner planning to conduct an evaluation of your program or task force? If you will operate more than one program, answer for each separately. Goal: CSU -no COPS-no Measure: LE12 If you or a partner are planning to conduct an evaluation of your program or task force, are you aware that you will be required to report on the status of that evaluation? Application Ref# 2017 -JAGC-297 4 Section #3 Page 5 of 9 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Goal: N/A Measure: LE13 Goal: If you will operate a program or task force with JAG funds during the grant period, which of the following violent crime/problems will it focus on? If you will operate more than one program, answer for each separately. Choose all that apply from among the following list: All violent crime in the jurisdiction, Homicide, Human Trafficking, Domestic Violence, Child Abuse, Child Pornography and Exploitation, Sexual Assault, Terrorism, None of the above. CSU-None of the above COPS-None of the above Measure: LE14 If you will operate a program or task force with JAG funds during the grant period, which of the following property crime/problems will it focus on? If you will operate more than one program, answer for each separately. Choose all that apply from among the following list: All Property Crime in the Jurisdiction, Auto theft, Burglary. Goal: N/A Measure: LE15 If you will operate a program or task force with JAG funds during the grant period, which of the following societal crimes/problems will it focus on? If you will operate more than one program, answer for each separately. Choose all that apply from among the following list: Drug crime, Prescription drug crime, Disorder/quality-of-life incidents, Prostitution, Cybercrime, White-collar crime, Healthcare fraud, Status offenses (truancy, underage drinking, etc.), None of the above. Goal: Drug Crime, Prescription drug crime, prostitution Measure: LE16 Goal: If you will operate a program or task force with JAG funds during the grant period, which of the following general crime/problems will it focus on? If you will operate more than one program, answer for each separately. Choose all that apply from among the following list: All crime in the jurisdiction, Hate crime, Gun Crime, Traffic violations/crashes, Other (please describe). CSU-Gun Crime Measure: LE17 If you will operate a program or task force with JAG funds during the grant period, who is the target population. If you will operate more than one program, answer for each separately. Choose all that apply from the following list: Adults, Elderly, Gangs, Juvenile Delinquents, Children of incarcerated/justice-involved parents, Drug­ endangered children, Persons with mental illness, All victims, Other (please describe). Application Ref# 2017 -JAGC-297 4 Section #3 Page 6 of 9 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Goal: CSU -Drug Offenders, Felony Gun Crime Offenders COPS -disenfranchised citizens, youthful offender diversion participants Measure: LE18 If you will operate a program or task force with JAG funds during the reporting period, what is the primary target area of that program or task force? If you will operate more than one program, answer for each separately. Choose from the following list: Specific landmark or place (mall, park, theater), hot spots (a number of blocks or street segments that have been identified as experiencing a disproportionate share of the jurisdiction's problem), entire jurisdiction, multi-jurisdictional/cross jurisdictional. Goal: COPS -entire jurisdiction CSU -entire jurisdiction, multi-jurisdictional/cross jurisdictional Measure: LE19 If you will operate a program or task force with JAG funds during the reporting period, will that program focus efforts around any of the following models? If you will operate more than one program, answer for each separately. Choose all that apply from the following list: Community oriented approach, problem solving approach, geographic focus, high-rate offender focus, high-rate group/gang focus, Procedural justice, Unsure/Don't know, Other (please describe). Goal: COPS -Community Oriented approach CSU -unsure/don't know Objective: LE Services -Service specific law enforcement questions for recipients of an award $25,000 or more. Measure: LE20 Goal: Will you provide situational crime prevention and crime prevention through environmental design strategies as part of your program? (approaches that change the perceived opportunities for a crime, so the offender will believe the crime is more difficult, has more risk, or provides less rewards, for example, access control to parking lots or improved lighting on a walkway) If you will operate more than one program, answer for each separately. no Measure: LE21 Will you provide youth development services as part of your program? (programs that promote positive behaviors and decrease negative behavior in youth, for example, any of the Blueprints programs.) Describe the services provided. If you will operate more than one program, answer for each separately. Goal: no Measure: LE22 Will you provide crime awareness services as part of your program? (programs aimed at increasing the awareness of a crime problem including solutions to prevent crime, for example a Lock It or Lose It program.) Application Ref# 2017-JAGC-2974 Section #3 Page 7 of 9 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Describe the services provided. If you will operate more than one program, answer for each separately. Goal: no Measure: LE23 Will you provide increased personal safety services as part of your program? (programs that provide instruction on increasing personal safety, for example, a Rape Aggression Defense (RAD) class.) Describe the services provided. If you will operate more than one program, answer for each separately. Goal: no Measure: LE24 Will you provide community building services with your program? (programs that promote community cohesion, including communication between the community and elements of the criminal justice system, for example, National Night Out.) Describe the services provided. If you will operate more than one program, answer for each separately. Goal: COPS-national night out Measure: LE25 Will you provide any other crime prevention services not described in this report with that program? Describe the services provided. If you will operate more than one program, answer for each separately. Goal: no Objective: LE Tracking -Tracking questions for Law Enforcement recipients of an award $25,000 or more. Measure: LE26 Approximately how many criminal groups will be disrupted under your program during the grant period? Disrupted means impeding the normal and effective operation of the group, as indicated by changes in leadership or methods of operation. If you will operate more than one program, answer for each separately. Goal: N/A Measure: LE27 How many criminal groups will be dismantled under your program during the grant period? Dismantled means destroying the organization's leadership, financial base, or supply network so that the organization is incapable of operating. If you will operate more than one program, answer for each separately. Goal: N/A Measure: LE28 Approximately how many firearms will your program or task force seize Application Ref# 2017 -JAGC-297 4 Section #3 Page 8 of 9 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Goal: during the grant period? If you will operate more than one program, answer for each separately. 4 Measure: LE29 Goal: Approximately how many firearms will your program or task force enter into the National Integrated Ballistic Information Network (NISIN) during the reporting period? If you will operate more than one program during the reporting period, answer separately for each. 4 Measure: LE30 Goal: Approximately how many firearms will your program or task force trace through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) during the reporting period? If you will operate more than one program during the reporting period, answer separately for each. 4 Measure: LE31 Goal: Regardless of JAG funding, how many total asset forfeiture cases will your program or task force file during this grant period? 0 Measure: LE32 Goal: Regardless of JAG funding, which of the following items will your program or task force seize during the grant period as part of a state or federal asset forfeiture case? Choose all that apply from the following list: Drugs, currency, firearms, other physical property, none of the above. firearms, drugs Measure: LE33 Goal: Are you aware that you will be required to complete the law enforcement questionnaire and submit it to your grant manager alongside each performance report. Yes Application Ref# 2017 -JAGC-297 4 Section #3 Page 9 of 9 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR I Vendor Number: 596000267 Budget: Budget Category Federal Match Total Salaries and Benefits $42,000.00 $0.00 $42,000.00 Contractual Services $0.00 $0.00 $0.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 --Totals --$42,000.00 $0.00 $42,000.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? Yes PGI Reporting Frequency : Quarterly Application Ref# 2017-JAGC-2974 Section #4 Page 1 of 3 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Budget Narrative: Salaries and Benefits: (1) Full time CSU Detective Salary = $52,001 Hourly Rate, including detective pay= $23.81 (2184 hours) Federal award will fund approximately 81% = $42,000 1. The grant will pay for salaries and detective add pay only, no benefits or OT. 2. The CSU Detective will work 100% on this project/program. 3. The grant will be charged at 100% of salaries until all funds budgeted for the sworn CSU detective position are expended. The agency will continue to fund the position through the end of the period. Application Ref# 2017-JAGC-2974 Section #4 Page 2 of 3 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Section Questions: Question: If the budget contains salaries and benefits, will this project result in a net personnel increase, or continue to fund a prior federally grant funded net personnel increase? Answer: Yes Question: Answer: If Expenses or Operating Capital Outlay are included in your budget, what will be the method of procurement for those items? (e.g., competitive bid, sole source, state term contract) NA Question: Answer: If indirect cost is included, explain the indirect cost plan. Provide documentation of approval. NA Question: Answer: If contractual services in the budget are based on unit costs, provide a definition and breakdown of cost for each service. Include the methodology for the unit cost plan and when it was approved. NA Application Ref# 2017 -JAGC-297 4 Section #4 Page 3 of 3 Contract 2017-JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Insert Standard Conditions Page here. Application Ref# 2017 -JAGC-297 4 Section #5 Page 1 of 1 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) ------------------------------------------------------------- Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable . . . . . · n ::, . St~te of Florida . . . L. · .. · ;, ,g~~~?ttpen! ~! L~w l:hfc)rc::¢nt~n,~ , Office afcriininal Justice ~rants -------_____:_~-_:_-~·::____ \'__:_~_' -----~-------------~ --,-, Signature: Typed Name and Title: Date: Typed Name of Subgrant Recipient: Signature: Typed Name and Title: Date: ••t, ~••r .:c-c·.·. -.-· :-~~el~rti~~Jiii9-A9~n~}r · .~ffjci~l;Achriipistr~tcir c>r. Pe~ign~tet:f RE!prE~se,ht;1iti'(~ ;-~:;~~~;~;--'(_ ._;_ < ·:·' -·---,___ l • ' ;, ~-·,-;"< J, ';'' >'• ---'-------'-----------·-;_· -. Typed Name of Implementing Agency: Signature: Typed Name and Title: Date: Application Ref# 2017-JAGC-2974 Section #6 Page 1 of 1 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Item 4C January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Insert Certifications and Authorizations here. Application Ref# 2017-JAGC-2974 Section #7 Page 1 of 1 Contract 2017 -JAGC-DUVA-3-F9-020 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) STAFF REPORT City of Atlantic Beach Commission Meeting Item 4D January 9, 2017 AGENDA ITEM: Justice Assistance Grant (JAG) Direct FFY 2016 DATE: January 9, 2017 SUBMITTED BY: Victor L. Gualillo, Interim Police Chief BACKGROUND: The Florida Department of Law Enforcement (FDLE) has received notice of a funding opportunity from the United States Department of Justice (USDOJ) for FFY 2016 Justice Assistance Grant (JAG) funds. These grant funds are distributed to units of local government based on local population and crime statistics reported to FDLE. The amount allocated to the Atlantic Beach Police Department is $2,215. This grant does not require any matching funds from the City. The Police Department has identified a need for Individual Tactical Toumiquets for the officers. A Tactical Toumiquet is a medical device that is used in the most extreme conditions where there is a need to control severe bleeding. They have been proven in modern combat situations to help control the most commonly encountered loss of life, severe hemonhaging caused by gunshot wounds and/or lacerations. With the use of these grant funds, the department will be able to provide each officer with an additional first aid device to help protect the lives of citizens and officers if necessary. To move the process forward, the Commission needs to authorize the Mayor to sign the grant application and certifications on behalf ofthe city. When this is authorized, the police department will submit the grant application, manage the approved grant and purchase the Individual Tactical Tourniquets. The online grant application has been completed and is awaiting submission. The deadline for submission is December 31, 2016. The strui date for most JAG programs will be February 1, 2017. BUDGET: This action will provide $2,215 in grant funding to be added to the 2016­ 2017 police budget to purchase Individual Tactical Toumiquets for the officers. RECOMMENDATIONS: To authorize the Mayor to sign all required paperwork related to this grant and to authorize police staff to submit, sign, and manage this JAG grant on behalf of the Mayor and the City. ATTACHMENTS: FDLE Notice of Funding Opportunity for Federal Fiscal Year (FFY) 2016 Edward Byme Memorial Justice Assistance Grant Program-Florida JAG Direct FDLE Item 4D January 9, 2017 Florida Department of Business Support Rick Scott, Governor Law Enforcement Office of Criminal Justice Grants Pam Bondi, Attorney General Post Office Box 1489 Jeff Atwater, Chief Financial Officer Richard l. Swearingen Tallahassee, FL32302-1489 Adam Putnam, Commissioner ofAgricutrure Commissioner (850) 617-1250 www.fdle.state.fl.us November 21,2016 Honorable Mitchell E. Reeves Mayor City of Atlantic Beach BOO Seminole Road Atlantic Beach, FL 32233 Re: Federal Fiscal Year (FFY) 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program -Florida JAG Direct Dear Mayor Reeves: The Florida Department of Law Enforcement (FDLE) has received an award from the United States Department of Justice (USDOJ) for FFY 2016 JAG funds. These grant funds are distributed to units of local government based on local population and crime statistics reported to FDLE. The intent and purpose of the JAG program is to improve the criminal justice system, reduce crime and improve public safety; and projects may be funded under any one of the JAG purpose areas. FDLE has allocated $2,217 from this award for use by your agency, in accordance with the Florida JAG Direct distribution provision of Chapter 11 D-9, Florida Administrative Code. Submissions that do not comply with the attached instructions or do not include all required information will be returned for revision or will have a special condition withholding funds placed on the grant at the time of award. Recipients must apply online using FDLE's grant management system, Subgrant Information Management ON~Iine (SIMON). The Announcement Code for this application is JAGD1617, and is required to access the application in SIMON. The deadline ,to apply is Friday, December 23, 2016 after which time the announcement code will be deactivated. In addition to the electronic submission, recipients must print the completed application with accompanying certifications and submit two hard copies with original signatures by Friday, December 30, 2016 to the attention of the JAG Unit at FDLE's Office of Criminal Justice Grants, 2331 Phillips Road, Tallahassee, FL 32309. Our office is available Monday through Friday, 8:00a.m.-5:00p.m. EDT at (850) 617-1250 to assist with any questions. For issues relating to SIMON, please contact Government Analyst Tim Colletti at (850) 617-1258. For questions regarding your proposal or the JAG program, please contact Senior Management Analyst Supervisor Randall Smyth or me at (850) 617-1250. Sincerely, ~!,~ Petrina Tuttle Herring Bureau Chief PTH/rs cc: Local Law Enforcement Agency Service • Integrity • Respect • Quality Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-Direct Item 4D January 9, 2017 Subgrant Recipient Organization Name: City of Atlantic Beach County: Duval Chief Official Name: Mitchell Reeves Title: Mayor Address: 800 Seminole Road City: Atlantic Beach State: FL Zip: 32233-5444 Phone: 904-247-5809 Ext: Fax: Email: mreeves@coab.us Chief Financial Officer Name: Russell Caffey Title: Director of Finance Address: 800 Seminole Road City: Atlantic Beach State: FL Zip: 32233-5461 Phone: 904-247-5807 Ext: Fax: Email: Rcaffey@coab.us Application Ref# 2017-JAGD-2004 Section #1 Page 1 of 2 Contract -JAGD-DUVA-- ­ Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Item 4D January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct Implementing Agency Organization Name: Atlantic Beach Police Department County: Duval Chief Official Name: Victor Gualillo Title: Interim Chief Address: 850 Seminole Road City: Atlantic Beach State: FL Zip: 32233-5444 Phone: 904-247-5859 Ext: Fax: 904-247-5867 Email: vgualillo@coab.us Project Director Name: David Cameron Title: Lieutenant Address: 850 Seminole Road City: Atlantic Beach State: FL Zip: 32233-5444 Phone: 904-247-5859 Ext: 5950 Fax: Email: dcameron@coab.us Application Ref# 2017-JAGD-2004 Section #1 Page 2 of 2 Contract -JAGD-DUVA--­ Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-Direct Item 4D January 9, 2017 General Project Information Project Title: INDIVIDUAL TACTICAL TOURNIQUET Subgrant Recipient: City of Atlantic Beach Implementing Agency: Atlantic Beach Police Department Project Start Date: 2/1/2017 End Date: 6/30/2017 Problem Identification The City of Atlantic Beach is located on the coast of the Atlantic Ocean with Duval County Florida and is one of three local beach communities. Located north of Neptune Beach and Jacksonville Beach, Atlantic Beach is a small densely populated city of approximately 13,000 residents. It is adjacent to Jacksonville Florida (Incorporated Duval County) which has approximately 821,000 residents (201 0 Census). Atlantic Beach experiences a high volume of both local residents in the county as well as visitors from Florida and other parts of the United States, especially during the summer months. To the north of Atlantic Beach is the Mayport Naval Air Station (NAS) which has the third highest fleet concentration Naval Bases in the United States. The main thoroughfare entering and leaving the Mayport Naval Station is SRA1A (Mayport Rd) and travels through the City of Atlantic Beach. Atlantic Beach has one school, Atlantic Beach Elementary, and has approximately 500 students and teachers. There are also six other public schools within the beaches communities and all are within four miles or less of the City of Atlantic Beach. The Law Enforcement Profession has many dangers in which officers face and increasingly so in recent years. One of which is sustaining a traumatic injury such as a gunshot wound or extreme laceration. The most common loss of life after someone sustains such an injury is uncontrolled bleeding (hemorrhage). It is imperative that officers have mechanisms/devices to stop hemorrhaging in the field to assist citizens, other officers, and/or themselves. Currently, our City budget cannot support the additional cost of these life-saving items. Project Summary (Scope of Work) The Department intends to purchase Tactical Tourniquets (with holders) with these grant funds. A Tactical Tourniquet is a medical device that is utilized in the most extreme conditions where there is a need to control severe bleeding. The Department will purchase and issue each officer a Tactical Tourniquet with holder. The Department will provide training on the use of the Tactical Tourniquet for each officer. Tactical tourniquets have been proven in modern combat situations to help control the most commonly encountered loss of life, severe hemorrhaging caused by gunshot wounds arid/or lacerations. By issuing each officer a Tactical Tourniquet, which can be worn on the officer, it will provide the officers with the medical device needed by first responders to treat a severe extremity hemorrhage (uncontrolled bleeding) sustained by a citizen, fellow officer, or themselves. Documentation will be readily available to show the purchase process of the tourniquets such as competitive quotes, invoice(s), purchase order(s), and packing slip/delivery receipt and inventory control document. Application Ref# 2017-JAGD-2004 Section #2 Page 1 of 3 Contract -JAGD-DUVA-- ­ Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Item 4D January 9, 2017 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct Section Questions: Question: Answer: What percentage of the total cost of this project is being funded by sources other than this award? 1 Question: Answer: What is the name of the jurisdiction your agency serves? (i.e., your city or your county) City of Atlantic Beach Question: Answer: What is the combined population of the jurisdiction(s) your agency serves, according to the 2010 census? 12655 Question: What is the physical address of the location being used to provide services for this project? If services are being provided at more than one location, list all of them. Answer: 850 Seminole Rd. Atlantic Beach, FL 32233 Question: Describe your agency (e.g., municipal government, school board, sheriff's office). Answer: Police Department Question: Answer: Have you verified that the subgrantee has an active and current registration in SAM.gov? (If no, funds will not be available for drawdown.) Yes Question: Answer: What is the Operating Capital Outlay threshold used by the subgrantee? (Verify this with your finance director.) If the implementing agency is a sheriffs office, indicate the sheriffs office's threshold instead. 1000.00 Question: Answer: Does the subgrantee receive a single grant in the amount.of $750,000 or more from the U.S. Department of Justice? No Question: Answer: Does the implementing agency receive a single grant in the amount of $750,000 or more from the U.S. Department of Justice? No Question: Answer: In your organization's preceding completed fiscal year, did your organization (the subgrantee) receive at least (a) 80 percent or (b) $25,000,000 of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? No Question: If you answered yes above, does the public have access to information about the compensation of the executives in your organization (the subgrantee) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? If answer to Part 1, above, was "no," answer N/A. Answer: N/A Application Ref# 2017 -JAGD-2004 Section #2 Page 2 of 3 Contract -JAGD-DUVA--­ Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct Item 4D January 9, 2017 Application Ref# 2017 -JAGD-2004 Section #2 Page 3 of 3 Contract -JAGD-DUVA--­ Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-Direct Item 4D January 9, 2017 General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 01 -Law Enforcement (Includes Task Forces) State Purpose Area: 1 G -General Questions (Required) Objectives and Measures Objective: General Questions -Required questions for all recipients. Measure: General 01 Will your organization be using the crimesolutions.gov website during the grant period regardless of JAG funding? Crimesolutions.gov provides information on several crime reduction and prevention programs and practices. Goal: No Measure: General 02 Will your organization be using the National Training and Technical Assistance Center (NTTAC) during the grant period, regardless of JAG funding? The NTTAC serves as BJA's training and technical assistance center. You can find resources, tools, webinars, and TTA support on a variety of criminal justice issues and initiatives. Goal: No Measure: General 03 Will your organization be using the NCJP.org website during the grant period, regardless of JAG funding? NCJP.org contains resources to support strategic planning, program development, and implementation of evidence-based policy and practice. Goal: No Measure: General 04 Will your organization be using the Evidence-Based Policing Matrix during the grant period regardless of JAG funding? The Evidence-Based Policing Matrix provides information on evidence-based practices for law enforcement. Goal: No Measure: General 05 Will your organization be using the What Works in Reentry Clearinghouse during the grant period regardless of JAG funding? The clearinghouse provides research on the effectiveness of reentry programs and practices. Goal: No Measure: General 06 Application Ref# 2017-JAGD-2004 Section #3 Page 1 of 3 Contract -JAGD-DUVA--­ Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct Item 4D January 9, 2017 Goal: Will your organization be using Research to Practice during the grant period regardless of JAG funding? Research to Practice promotes the dissemination of research on drug courts to practitioners and policymakers. No Measure: General 07 Goal: Will your organization be using any other resources during the grant period regardless of JAG funding? If yes, please describe them. No Measure: General 08 During the grant period, will your agency conduct or sponsor (with or without JAG funds) a survey or focus group of citizens on any of the following topics? Enter all that apply from the following list: Public satisfaction with police services; public satisfaction with prosecution services; public satisfaction with public defender/indigent defense services; public satisfaction with courts; public perceptions of crime/disorder problems; personal crime experiences of citizens; none of the above; unsure/don't know. Goal: Police satisfaction survey Measure: General 09 During the grant period, which of the following community activities will your organization be involved in, with or without JAG funds and how often will they each occur (yearly, monthly, etc.)? Choose from the following list: Hosting community meetings; attending community meetings; distributing a newsletter, e-mail, or other bulletin; attending community events; conducting social media activities; conducting outreach to minority populations; other (please describe) Goal: Attend community meetings, attend community events, city newsletter, conducting social media activities (Facebook), conducting community outreach (COPS Program) Measure: General 10 Goal: Law Enforcement Agencies ONLY: In which of the following ways has your agency fostered community involvement in the last year? Enter all that apply from the following list: Citizen Review Board or other review board with citizen representation, Citizen's Police Academy, Internships for university or high school students, Volunteer Program, Auxiliary police officer program, Police Cadet Program, k-12 school programs, Youth Athletic Programs, Other (please Describe), None of the above, Unsure/Don't know. Citizen Police Academy, Volunteer Program Measure: General 11 Identify the goal(s) you hope to achieve with your funding. If you have multiple goals, describe each goal separately. Application Ref# 2017 -JAGD-2004 Section #3 Page 2 of 3 Contract -JAGD-DUVA--­ Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-Direct Item 4D January 9, 2017 Goal: To improve officer access and availability of medical devices to assist and treat citizens, officers, or themselves. Measure: General 12 Are the subrecipient and implementing agency aware that they will be required to report on the status of the identified goals during each reporting period? Goal: Yes. Measure: Goal: General 13 Describe any barriers you may encounter which may prevent you from achieving your identified goal(s). The device may not be readily available for purchase, back ordered item9s) and/or delivery in the time allotted for this grant. Measure: Goal: General 14 Are you aware that the Office of Criminal Justice Grants encourages recipients to report on any noteworthy accomplishments, success stories, or program results that they would like to showcase? Yes. State Purpose Area: 3E -Equipment, Supplies, and Technology Enhancements Objectives and Measures Objective: Equipment-Questions for recipients funding Equipment, Supplies, and Technology Enhancements. Measure: Equipment 01 Do the Subrecipient and Implementing agencies understand that they will be required to submit an itemized account of all items purchased during each reporting period as part of their performance reporting? Goal: Yes Application Ref# 2017-JAGD-2004 Section #3 Page 3 of 3 Contract -JAGD-DUVA--­ Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-Direct Item 4D January 9, 2017 General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR I Vendor Number: 596000267 Budget: Budget Category Federal. Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $2,217.00 $0.00 $2,217.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 ··Totals·· $2,217.00 $0.00 $2,217.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref# 2017-JAGD-2004 Section #4 Page 1 of 3 Contract -JAGD-DUVA--­ Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct Item 4D January 9, 2017 Budget Narrative: Expenses The Individual Tactical Tourniquet purchased for officers will be contained in a holder that can be worn on the officer. Two types of holders will be purchased; one for the officer's duty belt, and the other for select officers having tactical carrier vests. (44) tourniquets at approximately $27.00 each (32) duty belt tourniquets holders at approximately $36.00 each (11) tactical tourniquet holders at approximate $11.00 each Shipping will be included. The City of Atlantic Beach will pay any additional costs that exceed the grant amount. Application Ref# 2017-JAGD-2004 Section #4 Page 2 of 3 Contract -JAGD-DUVA--­ Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-Direct Item 4D January 9, 2017 Section Questions: Question: Answer: If the budget contains salaries and benefits, will this project result in a net personnel increase, or continue to fund a prior federally grant funded net personnel increase? (Documentation will be required.) N/A Question: If fringe benefits are included, are they detailed in the budget narrative? Answer: N/A Question: Answer: If indirect cost is included, explain the indirect cost plan. Provide documentation of approval. N/A Question: Answer: If contractual services in the budget are based on unit costs, provide a definition and breakdown of cost for each service. Include the methodology for the unit cost plan and when it was approved. N/A Question: Answer: If Expenses or Operating Capital Outlay are included in your budget, what will be the method of procurement for those items? (e.g., competitive bid, sole source, state term contract) Quotes Application Ref# 2017-JAGD-2004 Section #4 Page 3 of 3 Contract -JAGD-DUVA--­ Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-Direct Item 4D January 9, 2017 Insert Standard Conditions Page here. Application Ref# 2017-JAGD-2004 Section #5 Page 1 of 1 ·Contract -JAGD-DUVA--­ Rule Reference 11 D-9.006 OCJG-OQ5 (rev. April 2005) --------------------------------------------------------- ------------------------------------------------------------- Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-Direct Item 4D January 9, 2017 In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: Typed Name and Title: Date: Typed Name of Subgrant Recipient: City Of Atlantic Beach Signature: Typed Name and Title: Mitchell E. Reeves, Mayor Date: January 9, 2016 Typed Name of Implementing Agency: Atlantic Beach Police Department Signature: Typed Name and Title: Victor L. Gualillo, Interim Chief of Police Date: January 9, 2016 Application Ref# 2017-JAGD-2004 Section #6 Page 1 of 1 Contract -JAGD-DUVA-- ­ Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-Direct Item 4D January 9, 2017 Insert Certifications and Authorizations here. Application Ref# 2017-JAGD-2004 Section #7 Page 1 of 1 Contract -JAGD-DUVA--­ Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Item 6A January 9, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING COMMISSIONER SUBMITTAL AGENDA ITEM: Consideration of Termination of the City Manager SUBMITTED BY: John M. Stinson, Commissioner, Seat No.2 REPORT DATE: 29th of December 2016 BACKGROUND: The chronological timeline and associated data related to the recommendation to terminate the employment of the City Manager are as follows: 1) On the 9th of December 2016, the Planning Director, Mr. Andrew DeCandis approved an Administrative Variance Application for 1144 East Coast Drive approving setbacks less than required by Code; 2) On the 15th of December 2016, Commissioner Stinson cautioned the City Manager about such an action; 3) On the 16th of December, the City Manager met with concerned residents, Mr. DeCandis and as a matter of happenstance, with Mayor Reeves. Subsequent conversations with the residents indicate the City Manager committed to requesting the City Attorney review the staffs interpretation of the Code; 4) On the zznct of December 2016, Commissioner Stinson met with City Manager Van Liere. During the meeting, Mr. VanLiere asked to discuss 1144 East Coast Drive. Mr. VanLiere conveyed to the Commissioner that he had referred this issue to the City Attorney and the City Attorney did not agree with the staff interpretation of the Code. He commented it was his intention to refer the Administrative Variance Application to the Community Development Board. There may be other historical information, not presented in this chronology and not available at the time of the drafting of this report. JUSTIFICATION: The chronology is factual and supported bythe attachments to this submittal. Item 6A January 9, 2017 BUDGET: RECOMMENDATION: An Administrative Variance Application was submitted to the City at a date unknown. Approval of the request by former Planning Director Andrew DeCandis was made on the 9th of December 2016. Mr. Van Liere met with residents on the 16th of December 2016. At no time did Mr. VanLiere make known to the residents that approval had been granted prior to the meeting for the variance application, but rather misled the residents to believe the variance was still being considered and further, he would seek the City Attorney's legal opinion on the matter. At some time between the 16th of December 2016 and the 22nd of December 2016, the City Manager did in fact request a review by the City Attorney. The appiication however, had already been approved and apparently provided to the developer, thus causing the City to incur unnecessary legal expenses to review an action already taken by the City Manager and his staff. The City Manager's actions are deceptive in that at no time prior to the legal review did the City Manager inform the City Attorney the variance had been approved or delivered to the developer. On the 22nd of December, the City Manager met with Commissioner Stinson. During this meeting, the City Manager stated that the City Attorney had reviewed the opinion of the Planning Director and the City Attorney did not concur with his interpretation of the Code. The City Manager stated that the variance application would be referred to the Community Development Board. At no time did the City Manager make known to Commissioner Stinson that the variance had been granted, nor that the approved variance had been provided to the developer. The City Manager's statements related to sending the Administrative Variance Application to the Community Development Board to each party were knowingly dishonest and therefore justify disciplinary action. None readily identifiable. It is recommended for the City Commission to: 1) Terminate the City Manager effective immediately. Item 6A January 9, 2017 ATTACHMENTS: PRESENTATIONS: APPROVAL: 1) A copy ofthe Administrative Variance Application dated the 9th of December 2016 approved by Mr. DeCandis; 2) A copy of the email dated the 15th of December 2016 between Commissioner Stinson and City Manager Van Liere regarding 1144 East Coast Drive; 3) Link to copies of all emails between any elected official of the City of Atlantic Beach and I or City Attorney Brenna Durden, and I or City Manager VanLiere and I or former Planning Director DeCandis, originating after the meeting between the City Manager, the Planning Director, the Mayor and the concerned citizens, on or after the 16th of December 2016 and through the 28th of December 2016 related to 1144 East Coast Drive; 4) A copy of email correspondence between City Manager VanLiere and Commissioner Stinson dated the 23rct of December 2016; 5) A copy of the email between Mayor Reeves and D.R. Repass of December 2016 in which Mr. Repass as legal counsel for OSSI Homes presents an approved Administrative Variance Application dated the 9th of December 2016 to Mayor Reeves. None at this time. Approved to form and correctness by: John M. Stinson, City Commission, Seat No.2 - - - - - - - - - - - - - - - - - - A T T A C H M E N T 1 I t e m 6 A J a n u a r y 9 , 2 0 1 7 A D M I N I S T R A T I V E V A R I A N C E A P P L I C A T I O N C i t y o f A t l a n t i c B e a c h C o m m u n i t y D e v e l o p m e n t D e p a r t m e n t 8 0 0 S e m i n o l e R o a d A t l a n t i c B e a c h , F l o r i d a 3 2 2 3 3 - 5 4 4 5 P h o n e : ( 9 0 4 ) 2 4 7 - 5 8 2 6 F a x : ( 9 0 4 ) 2 4 7 - 5 8 4 5 E m a i l : B u i l d i n g - D e p t @ c o a b . u s S e c t i o n 2 4 - 4 8 ( h ) a l l o w s l h e C o m m u n i t y D e v e l o p m e n t D i r e c t o r t o a p p r o v e m i n o r d i m e n s i o n a l v a r i a n c e s n o t t o e x c e e d 5 % o r t h e c o d e r e q u i r e m e n t . 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W h i l e s e t b a c k a s m e a s u r e d f r o m t h e s l a b i s c o n s i s t e n t w i t h t h e p l a n s , t h e a d d i t i o n o f t h e b r i c k c a u s e d t h e w a l l f a c e t o e n c r o a c h i n t o t h e 7 . 5 f t . h o u s e s e t b a c k o n t h e s i d e y a r d b y 3 i n c h e s a n d o n t h e g a r a g e i n t o t h e s i d e y a r d b y 3 . 4 i n c h e s a n d t h e g a r a g e i n t o t h e r e a r y a r d b y 2 . 7 i n c h e s . T h e a c t u a l S e t b a c k s f o r w h i c h t h e a d m i n i s t r a t i v e v a r i a n c e i s r e q u e s t e d a r e a l l l e s s t h a n t h e 5 % t h a t c a n b e a p p r o v e d a d m i n i s t r a t i v e l y b y t h e P l a n n i n g a n d D e v e l o p m e n t D i r e c t o r . A l l m e a s u r e m e n t s w e r e v e r i f i e d b y s u r v e y s i g n e d a n d s e a l e d b y T h o m a s H u g h e s , P . L . S ( F l o r i d a l i c e n s e n u m b e r 3 5 0 7 ) C a l c u l a t i o n s a r e a s f o l l o w s : H o u s e S i d e Y a l " d - A c t u a l s e t b a c k m u s t b e e q u a l t o o r g r e a t e r t h a n 7 . 1 f t . t o b e w i t h i n t h e 5 % r e q u i r e m e n t . A c t u a l s e t b a c k t o f a c e o f b r i c k i s 7 . 2 f t . , t h u s t h e a d m i n i s t r a t i v e v a r i a n c e c a n b e g r a n t e d . G a r a g e S i d e Y a r d - A c t u a l s e t b a c l < m u s t b e e q u a l t o o r g r e a t e r t h a n 4 . 5 f t . t o b e w i t h i n t h e 5 % r e q u i r e m e n t . I n t h i s c a s e t h e r e q u i r e d s e t b a c k s o n t h e s t r e e t s i d e a n d t h e o p p o s i t e s i d e o f t h e g a r a g e a r e u s e d t o c a l c u l a t e t h e a l l o w e d d e v i a t i o n a s p r o v i d e d f o r i n 2 4 - 4 8 ( h ) o f t h e L D C . A c t u a l s e t b a c k t o f a c e o f b r i c k i s 4 . 7 1 f t . , t h u s t h e a d m i h i s t r a t i v e v a r i a n c e m a y b e g r a n t e d . . G a r a g e R e a r Y a r d - A c t u a l s e t b a c l < m u s t b e e q u a l t o o r g r e a t e r t h a n 4 . 7 5 f t . t o b e w i t h i n t h e 5 % r e q u i r e m e n t . A c t u a l s e t b a c l < t o f a c e o f b r i c k i s 4 . 7 6 f t . , t h u s t h e a d m i n i s t r a t i v e v a r i a n c e m a y b e g r a n t e d . A c t i o n b y t h e P l a n n i n g a n d D e v e l o p m e n t D i r e c t o r - B e c a u s e t h e v a r i a n c e s n e e d e d a s f o r t h e a d d i t i o n o f t h e B r i c k f a c e t o t h e s t r u c t u r e w e r e w i t h i n t h e l i m i t s s e t i n t h e L a n d D e v e l o p m e n t C o d e S e c t i o n 2 4 - 4 8 ( h ) , t h e a d m i n i s t r a t i v e v a r i a n c e i s g r a n t e d . S i g n e d : ~ · - D a t e : 1 2 / 0 9 / 2 0 1 6 ~ e C a n d i s 1 P l a n n i n g a n d D e v e l o p m e n t D i r e c t o r A T T A C H M E N T 1 I t e m 6 A J a n u a r y 9 , 2 0 1 7 R e v i s e d 1 2 - 1 6 - 1 6 F i l e N Q t e : J u s t i f i c a t i o n f o r A d m i n i s t r a t i v e V a r i a n c e f o r 1 1 4 4 E a s t C o a s t , L o t 2 , B l o c k / C o r n e r L o t R e q u e s t : A d m i n i s t r a t i v e V a r i a n c e t o R e a r Y a r d a n d S i d e Y a r d f o r G a r a g e a n d S t r e e t S i d e Y a r d f o r c o r n e r l o t f o r t h e h o u s e . R e q u e s t w a s m a d e b e c a u s e t h e f i n i s h o n t h e h o m e w a s c h a n g e d d u r i n g c o n s t r u c t i o n a t t h e r e q u e s t o f t h e o w n e r f r o m c e d a r s h a k e s t o b r i c k v e n e e r . W h i l e s e t b a c k a s m e a s u r e d f r o m t h e s l a b i s c o n s i s t e n t w i t h t h e p l a n s , t h e a d d i t i o n o f t h e b r i c k c a u s e d t h e w a l l f a c e t o e n c r o a c h i n t o t h e 7 . 5 f t . h o u s e s e t b a c k o n t h e s i d e y a r d b y 3 i n c h e s a n d o n t h e g a r a g e i n t o t h e r e a r y a r d b y 3 . 4 i n c h e s a n d t h e g a r a g e i n t o t h e s i d e y a r d b y 2 . 7 i n c h e s . T h e a c t u a l S e t b a c k s f o r w h i c h t h e a d m i n i s t r a t i v e v a r i a n c e i s r e q u e s t e d a r e a l l l e s s t h a n t h e 5 % t h a t ' t q n b e a p p r o v e d a d m i n i s t r a t i v e l y b y t h e P l a n n i n g a n d D e v e l o p m e n t D i r e c t o r . A l l m e a s u r e m e n t s w e r e v e r i f i e d b y s u r v e y s i g n e d a n d s e a l e d b y T h o m a s H u g h e s , P . L . S ( F l o r i d a L i c e n s e n u m b e r 3 5 0 7 ) C a l c u l a t i o n s a r e a s f o l l o w s : H o u s e S i d e Y a r d - A c t u a l s e t b a c k m u s t b e e q u a l t o o r g r e ~ t e r t h a n 7 . 1 f t . t o b e w i t h i n t h e 5 % r e q u i r e m e n t . A c t u a l s e t b a c k t o f a c e o f b r i c k i s 7 . 2 f t . , t h u s t h e a d m i n i s t r a t i v e v a r i a n c e c a n b e g r a n t e d . G a r a g e R e a r Y a r d - A c t u a l s e t b a c k m u s t b e e q u a l t o o r g r e a t e r t h a n 4 . 2 5 f t . ( 5 % o f R e a r S B S f t + 5 % o f F r o n t S B 1 0 F t ) t o b e w i t h i n t h e 5 % r e q u i r e m e n t . I n t h i s c a s e t h e r e q u i r e d s e t b a c k s o n t h e s t r e e t s i d e a n d t h e o p p o s i t e s i d e o f t h e g a r a g e a r e u s e d t o c a l c u l a t e t h e a l l o w e d d e v i a t i o n a s p r o v i d e d f o r i n 2 4 - 4 8 ( h ) o f t h e L D C . A c t u a l s e t b a c k t o f a c e o f b r i c k i s 4 . 7 1 f t . , t h u s t h e a d m i n i s t r a t i v e v a r i a n c e m a y b e g r a n t e d . . G a r a g e S i d e Y a r d - A c t u a l s e t b a c k m u s t b e e q u a l t o o r g r e a t e r t h a n 4 . 7 5 f t . t o b e w i t h i n t h e 5 % r e q u i r e m e n t . A c t u a l s e t b a c k t o f a c e o f b r i c k i s 4 . 7 7 f t . , t h u s t h e a d m i n i s t r a t i v e v a r i a n c e m a y b e g r a n t e d . A c t i o n b y t h e P l a n n i n g a n d D e v e l o p m e n t D i r e c t o r - B e c a u s e t h e v a r i a n c e s n e e d e d a s f o r t h e a d d i t i o n o f t h e B r i e l < f a c e t o t h e s t r u c t u r e w e r e w i t h i n t h e l i m i t s s e t i n t h e L a n d D e v e l o p m e n t C o d e S e c t i o n 2 4 - 4 8 ( h ) , t h e a d m i n i s t r a t i v e v a r i a n c e i s g r a n t e d . D a t e : 1 2 / 1 6 / 2 0 1 6 S i g n e d : ~ A n d r e w T . D e C a n d i s , P l a n n i n g a n d D e v e l o p m e n t D i r e c t o r ATTACHMENT 1 Item 6A January 9, 2017 File Note : Ju stifi cation for Admin i strativ e Vari ance f or 1144 Ea st Co ast , Lot 2, Block, Corner Lot Re q u es t : Administrative Variance to Rear Yard and Side Yard for Garage and Side Yard and Front Yard for corner lot for the house. Request was made because the finish on the home was changed during construction at the request of the owner from cedar shakes to brick veneer. While City staff usually measure set back from the slab at ground level, the addition of the brick veneer caused the wall face to encroach then the norma l siding or stucco would into the rear and side setback of the Garage and the front and side setback of the house. The Land deve lopment code Section 24-48 (h) provides that the Planning Director may "grant minor dimensiona l variances or minor variances to development design standards" "Where such variance are requested for side setbacks on both .sides of a parcel the cumulative to be waived shall into exceed 5% for the required setback for a single side. The Code provides an example as follows: ''Fo r Exam p le, w h ere t he requi re d side set back i s a co mbined 15 ft., the maximu m p ermitted to be waived on a singl e si de o r cu mulat ive on b ot h sides i s 9 inches. Si m ila rly, f o r 20 foot front an d r ear se tba cks, the maxi mum p ermitted to be waived on eith er the front or rea r o r in co mbination is twelv e (12)_inch es ." Thus you can consider the setbacks on both side of the building to calcu late the 5% maximum setback but the setback cumulatively (both sides) cannot exceed what wou ld be allowable on both sides. The actual Setbacks for which the administrative variance is requested are all less than the 5% that can be approved administratively by the Planning and Development Director. All measurements were verified by survey signed and sea led by Thomas Hughes, P.L.S {Florida License number 3507} 5 Ft. Required Setback 4.75 ft. permitted Admin 4 .77 Actual {Within 5%) 2.76 inches from Setback 5 Ft. Required Setback 4.75 ft. SB permitted one side {1/2 inch short) Admin . 4.25 ft. SB permitted both sides considered Admin. 4.71 ft. Actual (Within 5%) 3.48 inches form Setback Q) "0 Vi ~ V) Q) 3 7.5 Required Side Setbacl~ 6.625 ft. permitted one side Admin 7.22 ft. Actual (Within the 5%) 3.36 inches from Setback Ca lculate d in 1 0th offoo t un le ss in di cate d by Inches 10 Ft. Required Side Setback 9.5 ft. permitted Admin 20ft. Actual (Not needed) ~ V) Q) ro "0 0Vi u Q) t;; t;; ro ro ·E w w 0 10ft. Required Side Setback 8.75 ft. Permitted One side Admin 10ft. Actual (not needed) Front 11t11 Avenue 20 Ft. Required Front Setback 19ft. requir-ed front Adm i n 19.71 Actual (Within the 5%) 3.25 inches from Setback House Re q u i red Setbacks • West Side_ 7 .5 ft. to meet code or 6.625 ft. to meet the Administrative Varia.nce Requirement. • East Side-lOft. to meet code or 8.75 to meet Administrative Variance Re~Uirement. • Front _ 20ft. to meet code or 19ft. to meet Administrative Variance ReqUirement. Garage Requ i re d Setback . . West Side-5 ft. to meet code or 4.75 ft. to meet Administrative Variance Requirement ~f calcftul~t5edfto~ 7o;~s~d:~~ ~r)age IS cons idered • . h 'd fand 4.25 ft. if calculated on setbacks for bot s1 es o garage. (10ft + 5 ft -5ft X 5% ­.75 · ·­· · . . I • • • • • East Side-lOft. to meet code or 9.5 ft. to meet the Administrative Variance Re~Utrement. • Rear Side _ 5 ft. to meet code or 4.75 to meet the Administrative Variance Requirement. summary of Calcul ations are as foll ows: · 1 t · the code by 3 25 inches and 3.36 inches respectively. Both House front yard and west side yard encroached mto the s:t.bac <~ se m. Wh ~h Administrative Variance was applied utilizing the code encroachments were less than the 5% allowed for an Admm1strat1ve Vanance~ e~ e setbacks on the single side where the encroachment occurred both met the 5% requirement. ------------------------- ATTACHMENT 1 Item 6A January 9, 2017 Back of the Garage encroached into the Sft. rear setback by 2 .76 inches. This encroachment is less than the 5% allowed for an Administrative Variance. The West Side of the Garage encroached into t he setback by 3.48 inches. When only the setbacks on the West Side was considered to calculate the setback, the setback was 112 inch short of meeting the administrative variance test. In order to meet the 5% allowed in the Administrative variance, both the east and west setbacks combined needed be considered. When this was done the setbacks meet the 5% administrative variance requirement. Action by the Planning and Developm ent Di r ector -Because the variances needed as for the addition of the Brick face to the structure were wit hin the limits set in the Land Dev elopment Code Section 24-48 (h), the administrative variance is granted. Date: 12/20/2016Signed: -------------------- AndrewT. DeCandis, Planning and Development Director ATTACHMENT 2 Item 6A January 9, 2017 Bartle, Donna From: jstinson@coab. us Sent: Thursday, December 15, 2016 3:55PM To: bruce.andrews@comcast.net; nvanliere@coab.us Cc: bdurden@llw-law.com Subject: Re: 1144 East Coast Drive Everyone I have been monitoring this issue by shared emails given to me by residents. The facts are: 1. The construction was permitted to include exterior stucco. 2. The home was knowingly built in violation of the permit to include brick exterior. 3. Subsequent surveys are contradictory and perhaps fraudulent at worst, grossly in error at best. 4. The limit to the authority ofthe City staffto grant a variance is to be within 5% of requirements, for a maximum of one variance per property. The variance required is outside the 5%. 5. It appears an administrative variance is being granted for more than one infraction. A variance for each side of the home is unique and separate from the other sides of the home. 6. This matter needs to be referred immediately to the Community Development Board. 7. Further action by staff outside the limits ofthe Code will initiate an immediate response to remove the ability for staff to grant any variances. 8. And, further action outside of sending this to the CDB will create distrust among the residents and ultimately, we all work for them, and at their discretion. I believe it will pay huge dividends for the voice of the people to be respected as well as the rules that govern our fair City to be adhered to. I suggest this be put on the agenda for the 9th of January for the Commission to discuss. Merry Christmas Kindest Regards John M. Stinson City Commission, Seat No. 2 Atlantic Beach, Florida On Thu, Dec 15,2016 at 3:08PM -0500, "VanLiere, Nelson" <nvanliere@coab.us> wrote: Mr. Andrews, If you would like to stop by City Hall, we can demonstrate the calculations for you. Today or sometime tomorrow would be good. Let me know if that is ok with you. Sincerely, Nelson Van Liere City Manager City of Atlantic Beach 1 ATTACHMENT 2 Item 6A January 9, 2017 904-247-5806 -----Original Message----­ From: Bruce Andrews [mailto:bruce.andrews@comcast.net] Sent: Thursday, December 15, 2016 2:58 PM To: Van Liere, Nelson Cc: Brenna Durden ; Reeves, Mitch Stinson, John Subject: Re: 1144 East Coast Drive All -regardless of the impervious surface calculations, I don't understand how it has been determined that the setbacks can be dealt with administratively. As noted in my comment below, the garage setbacks are NOT within the 5% administrative range. I'm just trying to understand how the code is being interpreted here. Giving an administrative variance under these circumstances would seem to give every builder in the future the option of encroaching 5 percent on the setbacks and be given administrative variances. I seriously doubt this was the intent of the code. Thank you, Bruce Andrews Sent from my iPhone >On Dec 15, 2016, at 9:48 AM, Bruce Andrews wrote: > > Mr. Van Liere ­ > > I am following up on the attached email from 12/3. I understand that > the new survey has been submitted. As expected, it shows different > measurements/setbacks from the earlier one. I have several comments: > > 1. The setback from the garage is out of compliance and outside the > 5% leeway for an administrative variance as follows -garage set back > 5 feet or 60 inches; 60 inches x 5% = 3" which is the "potential >variance ability"; current garage west side measurement is 4.71 feet­ > 5 feet set back= .29 feet over set back x 12 inches = 3.48 inches over set back. > Since the 3.48 inches is greater than the 3" administrative variance > ability, it needs to go to COB. > > 2. The side lot line on the house itself is also out of compliance. > > 3. The survey does not show the stepping stone sidewalks to the front > and side doors. I expect therefore that the pervious surface > calculation is inaccurate and should be reviewed. > > 4. The builder has been very careless with any attempts to comply > with our codes and remiss in providing accurate information to the > City. As such, I don't believe we should be giving administrative > exceptions. If they are given, I suspect that I and/or my neighbors > would appeal to the Commission. Any variances should go before the COB. > > Thank you again for your attention to this situation. > > Best regards, > Bruce Andrews > > -----Original Message----­ > From: Bruce Andrews [mailto:bruce.andrews@comcast.net] > Sent: Saturday, December 3, 2016 2:53 PM 2 ATTACHMENT 2 Item 6A January 9, 2017 > To: 'Van Liere, Nelson' > Cc: 'Brenna Durden' ; 'Reeves, Mitch' > > Subject: 1144 East Coast Drive > > Mr. Van Liere ­ > > Thanks again for your email and sharing with me your plans for further > reviewing the setbacks and impervious surface situation at 1144 East > Coast. I would appreciate the opportunity to meet with you to fully > understand the facts and your interpretation and application of our > building code before any decisions are made. I personally believe > that this should go before the Community Development Board and not be > dealt with administratively in light of the series of events that have > taken place to date. > > Once you have the > gathering that you > time to discuss. > > Best regards, > Bruce Andrews > 328 11th Street > revised survey and have done any other fact plan to, please contact me so that we can set up a > -----Original Message----­ > From: Van Liere, Nelson [mailto:nvanliere@coab.us] > Sent: Wednesday, November 30, 2016 5:44 PM > To: Bruce Andrews ; Reeves, Mitch > > Cc: 'Brenna Durden' > Subject: RE: Impervious Surface Calculations/COAB Required Setback > Concerns @ 1144 East Coast Drive > > Mayor Reeves and Mr. Andrews, > > You are correct in that we must examine all of the data before making > a determination. The builder still has some work to do on this if it > is to go forward. We will ensure that any decision will be supported by the > facts and the code as has been interpreted in the past. I would be happy > to meet with you, once I am satisfied I have all of the relevant facts > and data. > We will let you know what we > need has been provided. > > Thank you for your concern, > Nelson Van Liere, > City Manager > City of Atlantic Beach > 904-247-5806 > > > -----Original Message----­ determine when all of the information we > From: Bruce Andrews [mailto:bruce.andrews@comcast.net] > Sent: Wednesday, November 30, 2016 3:56 PM > To: Reeves, Mitch > Cc: Van Liere, Nelson ; 'Brenna Durden' > > Subject: RE: Impervious Surface Calculations/COAB Required Setback > Concerns @ 1144 East Coast Drive > > Mayor Reeves ­ > 3 ATTACHMENT 2 Item 6A January 9, 2017 > Thank you very much for sharing our concerns with Mr. Van Liere and > for your thoughts on the matter. > > Mr. Van Liere ­ > > I would be pleased to meet with you or have a call to discuss any of > the details of this issue if it would be helpful to your review. I > had brought the setback/survey by issue to the City's attention back > in September both by phone and email, so I'm sure your staff is aware > of the history here. > > Again, thanks to you all for looking at this issue and ensuring that > the integrity of our processes is maintained. > > Best regards, > Bruce Andrews > 328 11th Street > > -----Original Message----­ > From: Reeves, Mitch [mailto:mreeves@coab.us] > Sent: Wednesday, November 30, 2016 11:39 AM > To: Bruce Andrews > Cc: Van Liere, Nelson ; Brenna Durden > > Subject: Fwd: Impervious Surface Calculations/COAB Required Setback > Concerns @ 1144 East Coast Drive > > Bruce, > Thank you as a concerned resident for reaching out to me with your > concerns. > Both the telephone conversation and onsite visit provided interested > thoughts. > > After our discussion I did sit down with the City Manager to share >your concerns. Late yesterday afternoon I received the follow message > from the City Manager. > > "Fyi. The issue of the brick on the house at 11th and east coast is >not a done deal. New information may cause denial. Will fill you in later." > > Bruce, in the email below I used my cliff notes, and memory in sharing > our discussion comments. Please review all my comments and correct me > if I provided misinformation. I did just share some came from my > memory of our discussion. LOL > > Let me try and be perfectly clear the City Manager or any Staff > Members speaks for me. I have not approved or disapproved the actions > taken by the City. If that was shared it is not correct. > I do feel the City must make sure they have all the facts verified > before making quick ruling, approvals, or disapprovals. > > Again thank you for your time and let me encourage you to contact the > City Manager to meet with you. > > Thanks > > > Mayor Mitch Reeves > 800 Seminole Road > Atlantic Beach, Fl 32233 > mreeves@coab.us > Cell: 904-955-0101 4 ATTACHMENT 2 Item 6A January 9, 2017 > MReeves@coab.us > > > Begin forwarded message: > > From: <mreeves@coab.us> > Date: November 30, 2016 at 12:32:27 AM EST > To: Nelson Van Liere <nvanliere@coab.us> > Cc: Brenna Durden <bdurden@llw-law.com> > Subject: Impervious Surface Calculations/COAB Required Setback > Concerns @ > 1144 East Coast Drive > > Nelson, > > According to some concern AB residents the home being built at 1144 > East Coast Drive has been built outside the setbacks as required by > our City of Atlantic Beach . > > As I shared with you yesterday, and this morning I have been contacted > by several residents who have been following this issue and who were > expecting that our staff would address their concerns. Instead, it > seems that staff has chosen to ignore the obviously inaccurate survey > and to explain away the residents' concerns by citing their authority > to grant 5% variances. I don't know what the ultimate resolution to > this issue will be, but we should at least demand an accurate survey > and then carefully and thoughtfully decide how any violations of > setback requirements should be handled. > > Here is the series of events as of this week which as been shared with me. > > Builder initially submitted a stucco/wood shingle house to be built to > the minimum setback lines on the north, west and south sides of the property. > > Builder built a brick house (first level) that extends beyond several > set-back lines. > > Builder never submitted a revised plan reflecting change to brick > prior to building different house. > > Planning Department and Building Department were made aware of the > issue via numerous phone calls, meetings and e-mails (public record) > as early as September 2016. The change t9 brick and the related > impact on setbacks were all brought to the attention of staff. > > The concern residents suggest the Builder gave the city an inaccurate, > if not fraudulent, survey showing house was not over setbacks in > November > 2016 > > Planning Director and Building Department Director were made aware of > fraudulent survey again by concerned residents. > > Planning Director, Building Department Director and City Manager all > approved C.O. > > THIS SERIES OF EVENTS IF TRUE IS VERY TROUBLING TO ME! > > Suggested actions by the City of Atlantic Beach: > > 1). The City of Atlantic Beach needs to request a new survey from the > builder, or pay for an independent survey. 5 ATTACHMENT 2 Item 6A January 9, 2017 > > 2) If the home is found to not meet the required setbacks, The City of > Atlantic Beach shall require the owner to obtain a zoning variance > from the Community Development Board. There shall be no administrative > variance due to the previous fraudulent actions by the builder. > > 3) In addition, if the measurements are in fact incorrect, then the > impervious surface calculations will need to be recalculated and > removal of impervious surface will be required in excess of 50% > > Allowing builders to disregard our rules and regulations sets a bad > precedent and is harmful to the welfare of our community. This > situation has happened before in Atlantic Beach. A few years ago, a > similar situation happened in the 2000 block of Beach Avenue, and the > homeowner was required to obtain a zoning variance. > > The citizens of Atlantic Beach have a reasonable expectation that > there municipal employees will act in the best interest of all > citizens. The residents share the actions of this builder are clearly > fraudulent and represent an egregious action meant to mislead the City of Atlantic Beach. > > Final disturbing comment, both residents shared with me they were > advised I was in agreement with the actions taken by you and staff. > That statement is the "farthest from the truth", and needs to be corrected immediately. > > > Mayor Mitch Reeves > BOO Seminole Road > Atlantic Beach, Fl 32233 > mreeves@coab.us > Cell: 904-955-0101 > MReeves@coab.us > > </bdurden@llw-law.com</nvanliere@coab.us</mreeves@coab.us 6 Bartle, Donna From: jstinson@coab. us Sent: Friday, December 23, 2016 3:02PM To: nvanliere@coab. us Cc: bdurden@llw-law.com; jstinson@coab.us Subject: 1144 East Coast Drive ATTACHMENT 4 Item 6A January 9, 2017 Mr. VanLiere The last important topic of discussion in our meeting yesterday afternoon, and just before we commented on the coyote question, was 1144 East Coast Drive. During that conversation you relayed to me that the City Attorney recommended that this matter be referred to the Community Development Board. You also stated that you agreed with her opinion, that the matter would be referred to the CDB and that no administrative variance would be approved or issued. Today, I have been in contact with residents that believe that even prior to our meeting yesterday that the administrative variance had been granted as well as provided to the developer. I have not yet been provided with copies of the email thread between the City Attorney and the developer's legal counsel, but Ms. Durden has confirmed these facts. Apparently the developer is threatening litigation, which by the way I'm not concerned with, because I feel it is important to follow the letter of the "law" regardless of the issuance of the improper administrative variance. Based on the conversations I have had today, your office approved and issued this administrative variance on the 9th of December, exceeding the authority granted your office under the Charter, the Codes and Ordinances governing such action. This information causes me to wonder why these facts were not conveyed to Mr. Andrews or Mr. Lambertson when you met with them last Friday. And I refer you to my email about this subject prior to your meeting with them also. This contradictory information is very disturbing for me. I can see no reason you would not have communicated these facts to me yesterday. Because of these facts, I intend to request the Commission hold a special session prior to the expiration of the 30 day timing that might invalidate any appeal. The subject of this special meeting will be not only the improper application of the Codes, but also to discuss the actions and choices made that have put the City in this position. Kindest Regards John M. Stinson City Commissioner, Seat No.2 Atlantic Beach, Florida 1 ATTACHMENT 5 Item 6A January 9, 2017 Bartle, Donna From: D.R. Repass <dr@repasspa.com> Sent: Wednesday, December 28, 2016 7:49AM To: Reeves, Mitch Cc: bdurden@llw-law.com Subject: Re: Ossi Development, Inc. -Chris Lambertson Yes I'm not sure I understand the questions -The approval from the City is the signed variance that was attached to my email to you. I apologize for just now getting back to you as I am out of town this week. Thank you. D. R. Repass D. R. Repass, P.A. 111 Solana Road Suite B Ponte Vedra Beach, FL 32082 Tel. (904) 598-5260 Fax (904) 328-2080 dr@repasspa.com Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. Ifthe reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. On Dec 27,2016, at 2:03PM, Reeves, Mitch <mreeves@coab.us> wrote: I hope your holiday has been enjoyable and safe. I was following up to confirm you received my questions. I was advised your public records request is being processed and if you need anything else please feel free to contact me or our City Attorney. Mayor Mitch Reeves 800 Seminole Road Atlantic Beach, Fl32233 mreeves@coab. us<mailto:mreeves@coab. us> Cell: 904-955-0101 MReeves@coab.us<mailto:MReeves@coab. us> On Dec 24,2016, at 8:43AM, Reeves, Mitch <mreeves@coab.us<mailto:mreeves@coab.us>> wrote: Reference to the attached documents please share the date your client received approval from the City. Second what City Staff Member provided the signed documents and informed the 1 ATTACHMENT 5 Item 6A January 9, 2017 administrative variance had not been granted. Note I have requested the City Clerk by email to provided you with the public records request, which you were copied. I wish you and your family a Merry Holiday and Safe New Year. Mayor Mitch Reeves 800 Seminole Road Atlantic Beach, Fl32233 mreeves@coab. us<mailto:mreeves@coab. us> Cell: 904-955-0101 MReeves@coab. us<mailto:MReeves@coab.us> On Dec 22,2016, at 3:28PM, D.R. Repass <dr@repasspa.com<mailto:dr@repasspa.com>> wrote: Good afternoon Mayor Reeves: I represent Ossi Development, Inc. I understand Chris Lambertson has inquired about current houses being built by Ossi Development in Atlantic Beach and has made specific complaints about the brick facade installed at 1144 East Coast Drive. As you may know, the attached Administrative Deviation was properly issued for this approximate 3 inch encroachment. This matter should now be concluded as far as the City is concerned as the variance was properly issued. If the administrative variance had not been granted, replacing the existing brick with stucco or another less attractive facade would have cost Ossi approximately $30,000. This very circumstance is the reason for the administrative variance process. With regard to any complaints made by Mr. Lambertson, the City should know that Mr. Lambertson has tried to keep a $50,000 deposit made by Ossi Development on a purchase agreement for another parcel within the Atlantic Beach country club despite Mr. Lambertson not being able to provide clear title on the parcel being purchased. The parties are currently in litigation with regard to the entitlement of that deposit. Ossi Development has invested over $10,000,000 in real estate in Atlantic Beach within the last several years and has enjoyed a great partnership with the City of Atlantic Beach. We certainly hope that the spiteful and self serving complaints made by Mr. Lambertson do not damage Ossi's working relationship with the City of Atlantic Beach. Also, this email shall serve as a public records request, pursuant to Chapter 119, Florida Statutes, for any and all emails, letters and communications between Mr. Lambertson and i) Mayor Reeves; or ii) any employee of the City of Atlantic Beach during the calendar year 2016. Electronic delivery is acceptable. Thank you. <1144 East Coast approved Admin Variance waiver.pd:f> <1144 East Coast Survey.pdf> D. R. Repass D. R. Repass, P .A. 2 ATTACHMENT 5 Item 6A January 9, 2017 111 Solana Road Suite B Ponte Vedra Beach, FL 32082 Tel. (904) 598-5260 Fax (904) 328-2080 dr@repasspa.com<mailto :dr@repasspa.com> Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader ofthis e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. 3 ------------------ -------------------- l ATTACHMENT 5 Item 6A January 9, 2017 - ADMINISTRATIVE VARIANCE APPLICATI01' City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5826 Fax: (904) 247-5845 Email: Building-Dept@coab.u Section 24-48(h) allows the Community Development Director to approve minor dimensional variances n< exceed 5% of the code requirement Such variances cannot change lot area, height and parking spaces. Pro· a copy of the lot survey or sketch showing ex.isting or proposed construction for the needed variance SECTION 1: JOB INFORMATION Jf{b Address: _JJ L{ L( 6& f [c;o.,'f) + Permit# RE# Legal Description: ~o -f 'L [3/ o tj( /'I Property Own.er Information,: Name: aS'S; t)/;Viffap;-;t?cf Email: 'Jroi@c7()$i oG-vCfvfJauq...---f £-vrn Fax: -'----'------­ Address: ll { '2 '? (LO sfu C!.A· / 5'u; -k l( City: t\k(Lwt B~State: K Zip: 3 '2 Z-6 Contractor Information Name: ...-. 0 J C ~ ,._.!v-4;vh./l1 k-LL Phone: (lVl/1 fb!o-3!.7'..:S~;5 ,- Email: ::Jrof~o<i s; pCtlfiuflrJ~""n--1-. &o"" Fax: .L---..L.--------­ Address: t ( I rz 'f; Q.O .5.fc'Yh-f/ ) <>:fL '-/ City:~lf,)L.\:?aJstate:a_ Zip:"'$ 2z.c, 1 SECTION 2: REQUESTED V ARJANCE Completed by Applic3Jli Completed by Staff 0 Front Yard Setback· ?~'> Required Setback: C ft Difference: ft ffRear Yard Setback Provided Setback: ft % of Required: %rn/Side Yard Setback O Other: _____________<;:«=·~~~...!.:.-"0~V~il-'...::.........,_:~~---- Reason for the Variance: __0=--"u..=-'-AJ""-"'(,'._;(l.'-=--'5~---~~-~,_.,_,_,)"-q.;_.U...::::L__ _____lf?L..._c(<_"---~1_::&:::__::{(_~------- OtJ l{)l) J e I hereby certify that all information provided within this application is correct. 'J~ o~~,. . . Print Name Date S j CTION 4: REVIK\V (to be completed by the Co: .unity pevelopment Director) After reviewing the requested administrative variance; cg:=r have found that it meets the requirements of Section 24-4801) and it is therefore approved .. /0 I have found that it does not meet the requirements of Section 24-48(h) and it is therefore denied. '' /;ldl~ ,, [iiq/!?e [GmnMrtnifY Development Director ~le ·l· NATURES Signa ~fOwner or Agent (if applicable) ATTACHMENT 5 Item 6A January 9, 2017 -J I I l I I i File Note: . Justification for Administrative Variance for 1144 i I East Coast Lot 2, Block, Corner Lot I ··.~ Request: Administrative Variance to Rear Yard and Side Yard for Garage and Street Side Yard for corner I ! lot for the house. Request was made because the finish on the home was changed during construction i I at the request of the owner from cedar shakes to brick veneer. While set back as measured from the ·f slab is consistent with the plans, the addition of the brick caused the wall face to encroach into the 7.5i ft. house setback on the side yard by 3 inches and on the garage into the side yard by 3.4 inches and the _, garage into the rear yard by 2.7 inches. The actual Setbacks for which the administrative variance is ' requested are all less than the 5% that can be approved administratively by the Planning and Development Director. All measurements were verified by survey signed and sealed by Thomas Hughes, P.L.S (Florida License number 3507) Calculations are as follows: House Side Yard-Actual setback must be equal to or greater than 7.1 ft. to be within the 5% requirement. Actual setback to face of brick is 7.2 ft., thus the administrative variance can be granted. l ' Garage Side Yard-Actual setback must be equal to or greater than 4.5 ft. to be within the 5% requirement. In this case the required setbacks on the street side and the opposite side of the garage are used to calculate the allowed deviation as provided for in 24-48 (h) of the LDC. Actual setback to face of brick is 4.71 ft., thus the administrative variance may be ~ranted .. Garage Rear Yard-Actual setback must be_equal to or greater than 4.75 ft. to be within the 5% requirement. Actual setback to face of brick is 4.76 ft., thus the administrative variance may be granted. Action by the Planning and Development Director-Because the variances needed as for the addition of the Brick face to the structure were within the limits set in the L~nd Development Code Section 24-48 (h), the administrative variance is granted."i Signed: §/. ----------Date:._...=1::o:2~/0~9'L:/2~0~1~6___ ~rew Y.DeCandis, Plannin~ and Development Director SCALE ? 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ATTri[T.Iol:..c;:" lJIIS SlsR\0, [Bj DENOTES CONCRETE @ -DENOTES \'lATER VALVE -DENOTES STOP SIGN 0 -DENOTES CABLE RISER ®DENOTES FND II.ONUMENTAllON AS NOTED \ 0 DENOTES FND X-MARK IN SIDEWALK 00.00 -DENOTES HARD ELEVATION 00.0 _ DENOTES SOFT ELEVATION ~t LOT 2BLOCK3 ZPAGE 4 T BOOK Z , PER P~. 71924-0000 ;;-1 -­ \ \ \ \ \ j_- 1\ UNJT NO. 1 SELVA M..ru;;~OK 23, PAGE 4PER PLAT PER m \ - CERTIFIED TO: OSSI H011.ES URVEYING, INC.BARTRAM TRAIL s DEVELOPMENT CONSULTANTS . VEYORS -PLriNNERS -LAND (904~ 284-2224LAND15~COUNTY ROAD 315 ~~O~g· lO~AX (904 284-2258 GREEN COVE SPRINg~• A.UTHORIZATION LB #69 1 CERTIFICI\TECDPYlliGHT © 2015 <C>< ATTACHMENT 5 Item 6A January 9, 2017 Sec. 24-48.-Community development director. The community development director shall have the following authorities and responsibilities: (a) To administer and implement this chapter and accomplish actions required by this chapter, including proper notices as specified in this chapter or as otherwise required; the receiving and processing of appeals. (b) To provide written instructions to applicants related to the required process for requests as required under this chapter and to assist applicants in understanding the provisions of this chapter. (c) To receive and initiate the processing of all zoning and land use related applications. (d) To maintain all records relating to this chapter and its administration, as may be set forth in this chapter or otherwise be necessary. (e) To recommend to the community development board and the city commission, amendments to this chapter and the zoning map, with a written statement outlining the need for such changes. (f) To conduct necessary field inspections required to advise the community development board and the city commission related to zoning and land use matters. (g) To review preliminary development plans, applications for certain building permits, including site and lot plans, to determine whether the proposed construction, alterations, repair or enlargement of a structure is in compliance with the provisions of this chapter and the comprehensive plan. The building official's signature, stating approval, shall be required on all development plans before a building permit shall be issued. (h) To grant minor dimensional variances or minor variances to development design standards as set forth in this chapter, excluding changes to lot area, impervious surface area, height and parking, provided the requested variance is not more than five (5) percent from the standard or requirement requested to be waived. Such minor variances shall be granted only one (1) time for any particular requirement on a single property and shall be granted only with written justification as set forth within subsection 24-64(d) or as demonstrated to preserve a protected tree. Where such variances are requested for side setbacks on both sides of a parcel, the cumulative to be waived shall not exceed five (5) percent of the required setback for a single side. For example, where the required side setback is a combined fifteen (15) feet, the maximum permitted to be waived on a single side or cumulatively on both sides is nine (9) inches. Similarly, for 20-foot front and rear setbacks, the maximum permitted to be waived on either the front or rear or in combination is twelve (12) inches. ATTACHMENT 5 Item 6A January 9, 2017 Minor dimensional variances may also be authorized where an inadvertent surveying error has resulted in placement of a building not more than four (4) inches outside of a required building setback line. In such cases, a letter of explanation shall be provided by the surveyor, which shall remain part of the building permit file. (i) To post signs and provide for proper published notice of zoning requests in accordance with section 24-52, and to forward appropriate agenda information to be considered at the regular scheduled meetings of the community development board to members at least seven (7) days prior to the meeting date. Ul To recommend for hire such persons as necessary to assist in the fulfillment of the requirements of the office and delegate to these employees the duties and responsibilities assigned to the community development director as may be necessary to carry out properly, the functions of the office. (Ord. No. 90-10-212, § 2(Exh. A}, 3-8-10) ATTACHMENT 5 Item 6A January 9, 2017 BOUNDARY SURVEY LOT 2 BilOCK 14 AS SHOWN ON PLAT OFSUBDIVISION "A" ATLANTIC BEACH CURRENT PUBUC RECORDS OF DUVAL COUNTY, FL. I[BI DENOTES CONCRETE @ -DENOTES WATER VALVE p-DENOTES STOP SIGN @ -DENOTES CABLE RISER ®DENOTES FND MONUMENTA110N AS NOTED \ 0 DENOTES FND X-MARK IN SIDEWALK 00,00 -DENOTES HARD ELEVATION 00.0 _ DENOTES SOFT ELEVATION LOT 2BLOCK 2PAGE 4 T BOOK 23, PER PLA171924-0D00ll­1 \ \ \ \ \ _l - AS RECORDED IN PLAT BOOK 5, PAGE 69 OF THE GRAPHIC SCALE ( IN FEET) inch = 30 ft. UNE TABLE UNE CAlE OF 111lE, ZONING, EAsEMEifTs OR FREEOOI.I OS. EN'<IRDI&ENTALLY SEMSili\'E AREAS, 'MLDI..IFE lOcAL AGENCY, BOARD, AND COl!IIISSIOH OR OTHER ~.r;,,)\\\,&:i"~~P'\'JLAT VAU.I£S. U(P){I.I) LZ{P)(I.4) LJ(P){U) OIR£CllOH lENGlH NS3'42'GO"~ 50.00 SBJ"42'ooaw 50.00 __1 ss.,a·oo·u 1so.oo ALL BUILDING INA UNIT NO. 1 SELVA ~OOK za, PAGE 4PER PLAT -;;o:oo'(M) CERTIFIED TO: OSSI HOMES \ SURVEYING. INC.BARTRAM TRAIL DEVELOPMENT CONSULTANTS :vEYORS -PLANNERS -LAND (004~ 284-2224LANDl;O~COUNTY ROAD 315 SUITE O~~· lD~AX (004 26!1-2256 GREEN COVE SPRINGS, ~gRI'ZATION LB #60 1 CERTIFICATEcg:YRIGRT © 2015 \ - Item 7A January 9, 2017 ORDINANCE NO. 90-17-226 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH CONSIDERING A TEMPORARY MORATORIUM ON THE OPERATION OF MEDICAL MARIJUANA TREATMENT CENTERS AND MEDICAL MARIJUANA DISPENSING ORGANIZATIONS WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE: WHEREAS, on March 25, 2016, the Florida Legislature amended numerous provisions of Section 381.986, Florida Statutes to make various revisions including a revision to the definition of "dispensing organization" to allow dispensing organizations to transport "medical cannabis", and to include medical cannabis for eligible patients with terminal conditions and to provide additional regulation ofthe Department of Health with regard to medical cannabis; and WHEREAS, Chapter 64-4 "Compassionate Use" of the Florida Administrative Code has been enacted to regulate the Department of Health with regard to the requirements for dispensing organizations, including procedures for application, review, approval, inspection and authorization of dispensing organizations, and the Department of Health has commenced its application and review process; and WHEREAS, on November 8, 2016, Florida voters approved an amendment to the Florida Constitution ("Amendment 2") entitled "Use of Marijuana for Debilitating Medical Conditions"; and WHEREAS, Amendment 2 legalizes the use of medical cannabis in the State of Florida and authorizes the cultivation, processing, distribution, and sale of marijuana and related activities by licensed "Medical Marijuana Treatment Centers"; and WHEREAS, various state and national entities have begun addressing the direct and secondary impacts relating to the legalization of cannabis, including the American Planning Association, Denver Fire Department, Rocky Mountain High Intensity Drug Trafficking Area, U.S. Department of Justice, Florida cities and counties, Florida for Care Blue Ribbon Commission, and the Florida League of Cities-Florida Association of Counties-Florida Police Chiefs Association-Florida Sheriffs Association Medical Marijuana Workgroup; and WHEREAS, the comprehensive State licensing and regulatory framework directs that the criteria for the number and location of, and other permitting requirements that do not conflict with state law or department rule for, dispensing facilities of medical cannabis businesses may be determined by local ordinance; and WHEREAS, due to the historical prohibition of marijuana, the City of Atlantic Beach does not currently have any land development regulations governing the use of real property for the purposes of cultivating, processing, distributing, or selling marijuana or related activities, and such uses are not permissible within the City; and Page 1 of4 00732425-1 Item 7A January 9, 2017 WHEREAS, Amendment 2 legalizes the medical use of medical cannabis throughout the State of Florida for individuals with debilitating medical conditions as determined by a licensed Florida physician and authorize the registration and regulation of centers that cultivate, process, distribute, and sell medical cannabis products for medical purposes; and WHEREAS, in order to promote effective land use planning, the City Commission wishes to preserve the status quo while researching, studying and analyzing the potential impact of Medical Marijuana Treatment Centers and dispensing organizations upon adjacent uses and the surrounding area and the effect of Medical Marijuana Treatment Centers and dispensing organizations on traffic, congestion, surrounding property values, demand for City services and other aspects of the general welfare; and WHEREAS, the dispensing of medical cannabis is currently illegal under federal law and the United States Drug Enforcement Agency has recently confirmed that cannabis remains a Schedule I drug under federal law, but the United States Department of Justice has discussed federal enforcement of such laws with respect to state regulated cannabis operations in the 2012 "Cole Memorandum," and; WHEREAS, potential adverse impacts on the health, safety, and welfare of residents and business from secondary effects associated with the distribution of medical cannabis exist, potentially including, offensive odors, trespassing, theft, fire hazards, increased crime in and about the dispensary, robberies, negative impacts on nearby businesses, nuisance problems, and increased DUI incidents; and WHEREAS, certain of the above potential adverse impacts are accentuated by the current difficulties experienced by medical cannabis businesses in obtaining banking serv1ces necessitating such businesses to operate on a cash basis; and WHEREAS, there exists the potential for misappropriation of medical cannabis to non-medical uses; and WHEREAS, an overabundance of dispensing facilities can affect the viability of such facilities, result in compliance issues, lead to the improper diversion of products, and accentuate threats to the public health, safety, and welfare; and WHEREAS, the City Commission finds that a temporary moratorium on the operation of Medical Marijuana Treatment Centers and dispensing organizations will allow the City a sufficient period of time to determine what uses are best suited to particular zoning categories and how best to formulate land development regulations that appropriately govern the use of real property for purposes of cultivating, processing, distributing or selling medical cannabis. or related activities; WHEREAS, it is not the purpose or intent of this Ordinance to restrict or deny access to medical cannabis products as permitted by Florida law, but instead to enact reasonable restrictions intended to protect the public health, safety and welfare and what any potential enacting State Page 2 of4 00732425-1 Item 7A January 9, 2017 legislation or regulations will provide and when such enacting legislation and regulations will be effective. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. The aforementioned recitations are incorporated herein by reference. SECTION 2. A temporary moratorium is imposed on the operation of Medical Marijuana Treatment Centers and dispensing organizations within the city limits of the City of Atlantic Beach. While the temporary moratorium is in effect, the City shall not accept, process or approve any application relating to the operation of a Medical Marijuana Treatment Center or dispensing organization. Nothing in this temporary moratorium shall be construed to prohibit the medical use of medical cannabis by a qualifying patient, as determined by a licensed Florida physician, pursuant to Amendment 2, Fla. Stat. §381.986 or other Florida law. SECTION 3. For purposes of the temporary moratorium, a "Medical Marijuana Treatment Center" means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers medical cannabis, products containing medical cannabis, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Florida Department of Health. "Dispensing organization" means an organization approved by the Florida Department of Health to cultivate, process, transport, and dispense medical cannabis pursuant to Fla. Stat.§ 381.986. SECTION 4. The City Manager or his designee is hereby directed to study land development regulations for medical cannabis dispensing businesses and Medical Marijuana Treatment Centers and the impact of such regulations in other jurisdictions. SECTION 5. During the moratorium, it is unlawful and a violation of this ordinance for any person or entity to open or cause to be opened any medical cannabis dispensing business or Medical Marijuana Treatment Center within the City. It is also unlawful and a violation of this ordinance for any person or entity to relocate or cause to be relocated any medical cannabis dispensing business or Medical Marijuana Treatment Center within the City or to be expanded in the City. SECTION 6. This ordinance shall take effect upon its adoption by the City Commission. The temporary moratorium shall terminate one (1) year from the effective date of this ordinance, unless the City Commission rescinds or extends the moratorium by a subsequent ordinance. SECTION 7. If any section, subsection, sentence, clause, phrase or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. Page 3 of4 00732425-1 Item 7A January 9, 2017 SECTION 8. The City's code enforcement officer, law enforcement or any other person authorized to enforce ordinances in the City may enforce the provisions of this Ordinance. Any enforcement action or legal remedy available under controlling state law, including but not limited to, prosecution as a misdemeanor with a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment for a term not exceeding sixty (60) days or by both fine and imprisonment, may be imposed as a penalty. Nothing contained herein shall prevent the City from taking such other lawful action in law and equity as may be necessary to remedy any violation of, or refusal to comply with, any part of this Ordinance, including but not limited to: (a) Code enforcement action pursuant to City of Atlantic Beach Ordinances; (b) Pursuit of injunctive and/or declaratory relief in a court of competent jurisdiction; (c) Initiating an action to recover any and all damages that may result from a violation of, or a refusal to comply with, any part of this Ordinance; or (d) Utilizing any other action or enforcement method allowable by law. SECTION 9. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this ordinance are repealed to the extent inconsistent herewith. SECTION 10. The effective date ofthis Ordinance shall be November 28, 2016, the day the Commission first took action towards adoption of the moratorium, in accordance with Smith v. Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980). This Ordinance shall not be codified. 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. CITY OF ATLANTIC BEACH Mitchell E. Reeves, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney Page 4 of4 00732425-L Item 7B January 9, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: FIRST READING OF ORDINANCE TITLED, -"AN ORDINANCE OF THE CITY OF ATLANTIC BEACH CREATING A PILOT PROGRAM FOR PERMITTING BACKYARD HENS IN CERTAIN RESIDENTIAL DISTRICTS SUBJECT TO A FEE OF $50; LIMITING THE NUMBER OF PERMITS ISSUED UNDER THE PILOT PROGRAM TO 50; PROVIDING FOR EVALUATION AND REPORTING OF THE PILOT PROGRAM BY THE CITY COMMISSION AFTER EIGHTEEN MONTHS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE" SUBMITTED BY: Andrew DeCandis, AICP, Planning and Development Director DATE: January 9, 2017 BACKGROUND: As requested staff developed an ordinance to create a two year pilot program to allow City property owners residing in single family residences to raise hens for egg production. The program would initially allow up to 50 residents to raise up to five hens each on their property. After taking a poultry keeping seminar :from the Duval County Agricultural Extension Office, property owners can apply for a permit to raise hens at a onetime cost of$50. The fee would contribute to the cost of the initial inspection of the poultry facilities and require an annual re-inspection by animal control at renewal time. The permit holder would need to construct a coop for the hens and erect a fence or a suitable landscape barrier to keep them contained on their property and hidden :from view. Setbacks for the coop would be consistent with the City's storage and tool shed requirements. The initial inspection and permit would be issued through the Building Department. At the end of 18 months the pilot project will be evaluated by planning staff and a recommendation would be made to City Commission on whether to extend the program by making it part of the Land Development Code or terminate the program. RECOMENDATION: City Commission should pass the ordinance on first reading. BUDGET: No Impact ATTACHEMENTS: Copy of a draft Ordinance implementing pilot project. Application for Participation in the Pilot Program. REVIEWED BY CITY MANAGER: /1 {/tk-vr /t.bt.AJ Item 7B January 9, 2017 ORDINANCE NUMBER 95-17-113 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH CREATING A PILOT PROGRAM FOR PERMITTING BACKYARD HENS IN CERTAIN RESIDENTIAL DISTRICTS SUBJECT TO A FEE OF $50; LIMITING THE NUMBER OF PERMITS ISSUED UNDER THE PILOT PROGRAM TO 50; PROVIDING FOR EVALUATION AND REPORTING OF THE PILOT PROGRAM TO THE CITY COMMISSION AFTER EIGHTEEN MONTHS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities shall have governmental, corporate and proprietary powers to enable municipalities to conduct municipal government, perform municipal functions and render municipal services; and. WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may exercise any power for municipal purposes except as otherwise provided by law; and WHEREAS, the importance of sustainability and local food sourcing has inspired an interest in backyard and community food production within our city limits, and WHEREAS, many communities in Northeast Florida and throughout the United States have been exploring and implementing programs to integrate the keeping of backyard chickens into urban and suburban residential settings; WHEREAS, chickens are social not solitary animals, can make good pets, and findings indicate that five (5) are sufficient to meet the needs of the average family's egg consumption; and WHEREAS, residents of the city living in residentially zoned areas that are not currently allowed to keep chickens have indicated a desire to do so, asking that special attention be initiated as to how chickens can be successfully and lawfully integrated into their residential environments; and WHEREAS, the findings and recommendations of the City Commission have been considered. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH FLORIDA: Section 1. Purpose and Intent. Creation of a pilot program to permit backyard hens in certain residential zoning districts in which they are currently not permitted. This ordinance provides for a temporary exception to Section 4-7(a) of the Atlantic Beach Code of Ordinances so as to allow for the creation of a pilot program for the keeping of backyard hens, and establishes criteria and limitations so as to avoid adverse impacts on neighboring properties and residents, and to provide for the health and safety of the chickens. Nothing herein shall supersede any effective, recorded deed restriction prohibiting backyard hens on property located within the City. 00734424-2 Item 7B January 9, 2017 Section 2. Creation, Limitation, Permits, Approvals and Fees under the Pilot Program. The Commission hereby approves a pilot program for permitting backyard hens in certain residential districts enumerated herein, upon meeting the performance standards and development criteria set forth below in Section 3, and subject to the following conditions: (A). The pilot program shall allow for the issuance of no more than 50 permits within the Atlantic Beach City Limits. Permits shall be issued on a first come, first served basis and only upon the subject applicant meeting the standards and development criteria set forth in Section 3. (B) A $50 permit fee shall be required for each application. (C) Within 60 days from the date of adoption of this ordinance, the Building and Zoning Department shall create an application for a backyard hens permit and shall establish an administrative procedure for issuing said permits, collecting the permit fees, ensuring that an application meets the requirements for issuance of the backyard hens permit and for maintaining a database for tracking the households which receive permits and renewal of permits. (D) The pilot program shall remain in place for two (2) years from the date of adoption of this ordinance at which time it shall be extended or discontinued by action of the Commission. (E) Within eighteen (18) months from the date of adoption ofthis ordinance, the City Manager shall evaluate and review the pilot program, with input from Animal Control and the Building and Planning and Zoning Department, and shall issue a report to the City Commission as to the success of the pilot program, complaints lodged and the welfare of the hens being kept within the Atlantic Beach City limits. Section 3. Backyard Hen Permits Special Conditions. The permit for backyard hens issued pursuant to this ordinance shall be subject to the following regulations, standards and development criteria: (A) For the purpose of this pilot program, a hen (gallus domesticus) refers only to a female chicken. Up to five (5) hens (gallus domesticus) may be permitted in the rear yard of only single family dwellings located in the RS-L, RS-1, RS-2, RG, and RG-M zoning districts, subject to the following standards and development criteria: (i) Hens shall be kept within a coop and will not be allowed to be free roaming. A fenced or wired in area, or "enclosed pen" is required in conjunction with a coop to provide an outside exercise area free from predators for hens. Said area shall be of a size that allows access to foraging area, sunlight, and exercise. (ii) The coop and enclosed pen shall be screened when viewed from neighbor's house, using an opaque fence and/or landscape screen or evergreen plantings. (iii) Any coop and enclosed pen shall be located only in the rear yard area of the property. No coop or enclosed pen shall be allowed in any front or side yard area. 00734424-2 Item 7B January 9, 2017 (iv) All coops shall be required to be anchored in such a way so as to prevent them from becoming airborne during a wind event. (v) The coop shall be covered and ventilated and an enclosed pen must be well drained . so that there is no accumulation of moisture. The coop and enclosed pen shall be completely secured from predators, including openings, ventilation holes, doors and gates (fencing or roofing is required over the enclosed pen in addition to the coop.) (vi) The coops shall provide a minimum of three (3) square feet per hen and be of sufficient size to afford free movement of the hens. The enclosed pens shall provide a minimum of ten (1 0) square feet per hen. The coop and enclosed pen must be easily accessible for cleaning and maintenance. (vii) All stored feed shall be kept in a rodent and predator proof container. (viii) Hens may not be kept on properties developed with duplex, triplex or multifamily dwellings or any other structures except single family dwellings. (ix) Except for hens, no, ducks, geese, turkeys, peafowl, pheasants, quail, male chickens (roosters) or any other poultry or foul may be kept under this pilot program. (x) Hens shall be kept for personal use only. The selling of hens, eggs or manure or the breeding of chickens for commercial purposes is prohibited. (xi) Hens shall not be permitted to trespass on neighboring properties, be released or set free and shall be kept within a coop and enclosed pen at all times. (xii) Hen coops and enclosed pens shall be maintained in a clean and sanitary condition at all times. Hens shall not be permitted to create a nuisance consisting of odor, noise or pests, or contribute to any other nuisance condition. (viii) No dog or cat that kills a hen shall, for that reason alone, be considered a dangerous and/or aggressive animal. (xiv) Hens that are no longer wanted by their owners shall not be taken to Animal Control, nor shall they be released. (xv) All residents wishing to acquire a permit must evidence the completion of a hen keeping seminar from the Duval County Agricultural Extension Office. (xvi) Upon submission of a completed application as determined by the Building and Zoning Department, completion of the seminar from the Duval County Agricultural Extension Office, where applicable have a letter from their homeowners association allowing the keeping ofhens and payment of the $50 permit fee, and following an inspection by Code Enforcement, the City shall issue the permit. (xvii)All hen coops and enclosed pens shall meet the setbacks for accessory structures pursuant to Section 24-151 (b )(1 )k. Storage and Tool Sheds of the Atlantic Beach Land Development Regulations except that chicken coops and enclosed pens shall not exceed six (6) feet in height and may not exceed one hundred (1 00) total square feet in area. (B) As a condition of the issuance of a permit, a permit holder consents to inspection ofhis or her property upon application for a permit and upon complaint to the City, Code Enforcement or Animal Control as related to backyard hens. Following a complaint as to a particular property and upon notice to the permit holder, the permit holder shall allow the Animal Control and/or Code Enforcement personnel to enter onto his or her property to ensure compliance with the regulations, standards and development criteria herein. The permit is also subject to the condition that, if the pilot program is not extended then all 00734424-2 Item 7B January 9, 2017 permitees shall be required to remove all hens from the property, and cease further keeping of said hens. (C) Chicken coops and enclosed pens shall be maintained in a clean and sanitary condition at all times. Hens shall not be permitted to create a nuisance consisting of odor, noise or pests, or contribute to any other nuisance condition. (D) In a public health emergency declared by the Duval County Health Department, including but not limited to an outbreak of Avian Flu or West Nile virus, immediate corrective action may be required, in accordance with applicable public health regulations and procedures and in conjunction with Animal Control Services. Section 4. Violations of the Ordinance: fu the event that a violation of this Ordinance occurs, the City shall have the right to pursue any one or more of the following remedies or actions: (A) Institute a code enforcement action and prosecute as code violations against the violator and the property owner of the real property where the violation occurs, in accordance with the City ofAtlantic Beach's Code of Ordinances, (B) Take any other action or remedy authorized by law or in equity, including but not limited to, instituting an action in court to enjoin violations, in which case the violator and property owner shall be jointly and severally liable to the City for reimbursement of the City's attorneys' fees and costs concerning such action through any appellate action, if taken. (C) Revoke the permit for the keeping of hens on the property. Section 5. Severability: If any section, sentence, clause, phrase, or word of this ordinance is, for any reason, held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance, and it shall be construed to be the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part therein. Section 6. Oversight Department: The Building and Zoning Department shall oversee the pilot program as described herein. This Department shall coordinate with the Animal Control Division as to the evaluation report required by Section 2 herein and also with the Duval County Agricultural Extension Office. Section 7. Sunset: The provisions of Ordinance 95-17-113, providing for a pilot program for backyard hen permits, shall sunset, be repealed, and be of no further effect as of January_, 2019, unless extended in subsequent legislation. Section 8. Effective Date. This ordinance shall become effective upon adoption at the second and final reading. This ordinance shall not be codified. 00734424-2 Item 7B January 9, 2017 Section 9. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this ordinance are repealed to the extent inconsistent herewith. Passed by City Commission on first reading this __ day of _____ 2017. Passed by the City Commission on second and final reading this_ day of _____2017. CITY OF ATLANTIC BEACH, FLORIDA MITCHELL E. REEVES, MAYOR ATTEST: DONNA. L. BARTLE City Clerk Approved as to form and correctness: BRENNAM. DURDEN City Attorney 00734424-2 Item 7B January 9, 2017 City of Atlantic Beach Temporary Backyard Chicken Application The Temporary Backyard Chicken Pilot Program allows residents of certain single family homes to keep chickens on developed single family residential properties. All temporary permits will expire in January 2019. The City Commission may decide to extend, make permanent, or cease the pilot program prior to this date. Process: There are 50 permits available and they will be issued on a first-come, first-serve basis. All applications will need to be complete with all required attachments prior to being processed. Please ensure that all documents in the submittal requirements list to the right are included before submitting your application. The City will review the application to make compliance determinations under Ordinance 95­ 17-113. Ap licant Name Address Phone/Fax E-Mail Owner Name Address Phone/Fax E-Mail Number of chickens (max allowed 5, hens only) Name of Homeowners' Association (HOA) Fence/ screening type and height (must be opaque) Permit Number (Completed By Staff) Submittal Requirements [ ] Enclosure Plan Provide a plan showing coop and enclosed pen construction materials and methods as well as anchoring methods, such as tie-downs. Include verification that the structures are constructed to be impermeable to rodents and predators. [] Proposed Site Plan (or Sketch): Show the property lines, existing structures such as house, sheds, p o o I s e t c ., and the location o f t h e proposed structures. Include the distance from the side and rear property line and primary structure on adjacent lots. An aerial photograph (using Google Maps or similar) may be utilized to show the distances from neighboring primary structures. [ ] Fence/Screening Verification Include a description of the proposed or existing fence or other screening from view of any neighbor's house. New fences will require a fence permit through the Building Division. [ ] Duval County Agricultural Extension Services Extension Service Documentation Include documentation of completion of a Backyard Chicken Class through the Extension Service. Contact Duval County Extension Center at Phone: (904)255-7450 for information on upcoming classes. [ ] HOA Letter If you are part of a Homeowners' Association, provide a letter from the HOA stating you are able to have hens at your home. [ ] Permission letter from property owner. If you rent a property you will need to provide notarized authorization from the property owner, they will also be required to sign the affidavit. [ ] Completed Affidavit To ensure that the chicken coop and enclosed pen will be designed, constructed and operated to the standards outlined in Ordinance 95-17-113. []Application fee: $50 Applicant Name (Print) ____________S.ignature ---------------Date _____ 00734695-1 Item 7B January 9, 2017 Requirement (Reference Ord. 95-17-113 Applicant Verification City Verification Single family dwelling (Yes/No) (SCPA) Coop/Enclosed Pen Height: No Taller Than 6Ft. Total Size of Coop and Enclosed Pen: Maximum 100 SF Construction Materials and Anchoring Methods Included with Application (Yes/No) Coop and Enclosed Pen are Impermeable to Rodents, Wild Birds, Predators, and Weather (Plan Provided with Perm it Application) Space Per Hen-Coop (Not less than 3 SF) Space Per Hen -Enclosed Pen (Not less than 1 0 SF oer chicken) Location (in Rear Yards Only; minimum 5 ft. from the side and rear lot line, at least 5 ft. from any primary structure on an adjoining lot) Opaque wall or fence (6ft. high) Affjdayjt By applying for a temporary permit, persons applying for such permit hereby (a) agree to the terms and conditions of Ordinance 95-17-113 ("this Ordinance"), (b) grant the City and its officers, employees and agents a right-of-entry upon the subject property (including the rear yard) for inspection purposes to ensure compliance with this Ordinance prior to and after the issuance of a temporary permit, (c) agree to remove hens and coops and enclosed pens upon the termination or expiration of a temporary permit and/or this Ordinance, and (d) hold the City and its officials, officers, employees and agents harmless concerning matters relating to or concerning hens, the temporary permit and this Ordinance. The chicken coop and enclosed pen will be designed, constructed and operated to the standards outlined in this Ordinance. The drawings submitted as part of the application are a reasonably accurate representation of the subject site features and adjacent properties. Applicant Name (Print) ------------Signature --------------­ STATE OF FLORIDA COUNTY OF DUVAL Sworn to and subscribed before me this __ day of....,....,.----,-,--------' 20_ by Applicant, __________, who is [ ] personally known to me or [ ] has produced a driver's license as identification. [SEAL] NOTARY PUBLIC, State of Florida My Commission expires: Owner Name (If differentfromApplicant)(Print) ____________Signature ______________ STATE OF FLORIDA COUNTY OF DUVAL Sworn to and subscribed before me this __ day of-:-:-----:-::------· 20_ by Owner, __________, who is [ ] personally known to me or [ ] has produced a driver's license as identification. [SEAL] NOTARY PUBLIC, State of Florida My Commission expires: 00734695-1 Item 8A January 9, 2017 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: ORDINANCE NO. 20-17-142 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017 FOR APPROPRIATING ADDITIONAL FUNDS IN THE POLICE PENSION FUND, AND PROVIDING AN EFFECTIVE DATE. DATE: December 27, 2016 SUBMITTED BY: Russell Caffey, Finance Director BACKGROUND: According to the most recent Actuarial Valuation report, the Police Pension Fund is currently 67% funded. In an attempt to set sound fiscal policy, the City is proposing the implementation of a program utilizing annual funds returned to the General Fund by the Police Department to pay down the unfunded liability balance. Annually, the plan will pay the lesser of $200,000 or 90% of the amount returned to the General Fund by the Police Department. Additionally, at no point can this program result in a negative net contribution to the General Fund by the City as a whole. Fiscal Year 2016 The Police Dept. General Fund Contribution $286,477 Add'l Pension Contribution equals lesser of $200,000 or 90% of$286, 477 ($ 256,929) $ 200.000 For Fiscal Year 2016 the additional payment amount equals $200,000. BUDGET: Mid-year budget modification to transfer$ 200,000 from the General Fund to the Police Pension Fund. RECOMMENDATION: To adopt Resolution 17-01 and Ordinance NO. 20-17-142 amending the 2016-17 Annual Budget to provide additional contribution to the Police Pension Fund. ATTACHMENT: 1. Resolution 17-01 2. Ordinance No. 20-17-142 REVIEWED BY CITY MANAGER: Item 8A January 9, 2017 RESOLUTION NO. 17-01 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE IMPLEMENTATION OF A PROGRAM OF EXTRA CONTRIBUTIONS TO THE POLICE PENSION FUND IN ORDER TO IMPROVE THE FUNDING LEVEL OF THE POLICE PENSION FUND AND TO REDUCE REQUIRED CONTRIBUTION COSTS IN FUTURE YEARS. WHEREAS, the actuarial value of the Atlantic Beach Police Pension Fund is 67% of the Actuarial Accrued Liability (Per 09/30/15 Actuarial Valuation Report); and WHEREAS, at the conclusion of most fiscal years the Police Department routinely returns $250,000 to $400,000 to the General Fund; and WHEREAS, an extra pension contribution program be implemented; and WHEREAS, the contribution would be the lesser of $200,000 or 90% of the amount returned to the General Fund by the Police Department; and WHEREAS, at no point can this program result in a negative net contribution to the General Fund in any fiscal year; NOW THEREFORE, BE IT RESOLVED that the Mayor and Commission of the City of Atlantic Beach, Florida shall implement a program of contributing the lesser of $200,000 or 90% of the amount returned to the General Fund by the Police Department. THAT, at no point can this program result in a negative net contribution to the General Fund in any fiscal year. PASSED AND ADOPTED by the City Commission of Atlantic Beach, Florida, this _th day of _____2017. MITCHELL E. REEVES Mayor ATTEST: DONNA L. BARTLE, CMC City Clerk Approved as to form and correctness: BRENNA DURDEN, ESQUIRE City Attorney Item 8A January 9, 2017 ORDINANCE NO. 20-17-142 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017 FOR APPROPRIATING ADDITIONAL FUNDS IN THE POLICE PENSION FUND, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature of budgetary systems and those day-to-day decisions affecting such budgetary systems require adjustments from time-to-time, and WHEREAS, the City is amending the operating budget to add net funds totaling $200,000 to cover additional employer contributions to the Police Pension Fund. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2016/2017 Budget to be amended as follows: GENERAL FUND Expenditures: Transfer to the Police Pension Fund Total Expenses: $ 200.000 Fund Balance: <$ 200.000> POLICE PENSION FUND Revenues: Employer Contributions $ 200,000 Total Revenue: $ 200.000 Fund Balance: $ 200.000 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this _th day of ____2017. Passed by the City Commission on second and fmal reading this _th day of 2017. Mitchell E. Reeves Mayor I Presiding Officer Approved as to form and correctness: ATTEST: Brenna M. Durden, Donna L. Bartle, CMC City Attorney City Clerk CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT SUBMITTED BY: Donna L. Bartle, City C lerk J/teJ DATE: December 30, 2 016 STRATEGIC PLAN LINK: None BACKGROUND: Mayor Reeves requested an attendance report for the Re gular and Special Call ed Meetings for CY 20 t 6. There were 2 6 meetings and the attendance for Commissioners and Appointed Official s are shown in the table below: N ame #of Mee tings Attended Mayor Mitchell Reeves 26 Commissioner Jimmy Hill 25 Commissioner Harding 23 Commissioner John Stinson 23 Commissioner M. Blythe Waters 2 4 City Attorney Brenna Durden (from 3/28/16 -12/3 1/ 16) 18 City Manager Nelson Van Liere 26 City C lerk Donna L. Bartle 24 BUDGET: None. RECOMMENDATION : For discussion only. ATTACHMENTS: None. I t e m 9 A J a n u a r y 9 , 2 0 1 7 A G E N D A J T E M : S U B M I T T E D B Y : D A T E : S T R A T E G I C P L A N L I N K : B A C K G R O U N D : B U D G E T : R E C O M M E N D A T I O N : A T T A C H M E N T : C I T Y M A N A G E R : C I T Y O F A T L A N T I C B E A C H C I T Y C O M M I S S I O N M E E T I N G S T A F F R E P O R T 9 0 - D a y C a l e n d a r f o r t h e M a y o r a n d C o m m i s s i o n Y v o n n e C a l v e r l e y , E x e c u t i v e A s s i s t a n t t o t h e C i t y M a n a g e r N o v e m b e r 1 5 , 2 0 1 6 N o n e T h e 9 0 - d a y c a l e n d a r i s i n c l u d e d o n t h e a g e n d a f o r t h e p u r p o s e o f s e t t i n g m e e t i n g d a t e s , d e t e n n i n i n g t h e l o c a t i o n , t i m e a n d w h e t h e r o r n o t t o v i d e o t a p e s p e c i a l m e e t i n g s a n d w o r k s h o p s i f t h e C o m m i s s i o n d e s i r e s . 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N o n e A p p r o v e t h e 9 0 - D a y C a l e n d a r f o r J a n u a r y t l u · o u g h M a r c h 2 0 1 7 1 ) M a y o r a n d C o m m i s s i o n 9 0 - D a y C a l e n d a r ( J a n u a r y t h r o u g h M a r c h 2 0 1 7 ) - ~ · - = - - - = = _ _ . c . = = ~ - - - - - - - - - - - - _ _ _ : _ _ _ _ . ~ C , . ~ ; ; i ~ MAYOR AND COMMISSION January 2017 I~ewsletter Article I 7 I City Offices Due Date for Closed I I I I 1/23 Agenda Items 8 19 110 111 112 113 114 Commission Mtg 6:30pm (lnvoc-Harding) 15 16 17 18 19 20 21 Martin Luther Town Hall Meeting Kin g, Jr. Day 10 am-Noon Chamber C ity Offices Clo sed 22 123 124 125 126 127 128 Commission Mtg 6 :30pm (Invoc-Waters) I,.29 131 I t e m 9 A J a n u a r y 9 , 2 0 1 7 MAYO R AND COMMISSION February 20 1 7 2 3 -t 5 1 6 I 7 I 8 9 10 111 Newsletter Due Due Date for (Stinson) 2127 Agenda Items I.. I.,12 113 116 117 1 18 Commiss ion Mtg 6:30pm (Invoc-Reeves) 19 I 20 1 21 1 22 1 23 I 2-t 1 25 President's Day Due Date for City Offices 3/ Closed Agenda Items 26 I 27 28 Commission Mtg 6 :30pm (Invoc-Stinson) I t e m 9 A J a n u a r y 9 , 2 0 1 7 MAYOR AND COMMISSION March 2017 2 3 4 5 I 6 I 7 I 8 Newsletter Due (Waters) 9 10 Due Date for 3/27 Agenda Items Ill 12 19 113 Commission Mtg 6 :30pm I20 (Invoc -Hill) 114 I 21 115 I 22 116 I 23 117 I 24 I 18 1 25 26 27 28 29 30 31 Commission Mtg 6:30pm (lnvoc-Harding) I t e m 9 A J a n u a r y 9 , 2 0 1 7 Item 10A January 9, 2017 AGENDA ITEM: SUBMITTED BY: REPORT DATE: BACKGROUND: JUSTIFICATION: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Abandoned, Dismantled, Inoperable, Unlicensed or Expired Registration Vehicle Towing Ordinance John M. Stinson, Commissioner, Seat No.2 13th of December 2016 On the 10th of October 2016, the City of Atlantic Beach, City Commission was addressed by Miss Sharette Simpkins of 3 54 19th Street, Atlantic Beach, about an ongoing concern and violation of the City Codes. The violation as described by Miss Simpkins was that of an abandoned / inoperable vehicle directly across 19th Street from her home. The complaint was again presented along with detailed actions taken to resolve the violations by the City's Code Enforcement officer, Ms. Debbie White. These facts were presented to the City of Atlantic Beach, Code Enforcement Board on the 9th of November 2016. From the presenter's work as a member of the Code Enforcement Board for approximately three years, and follow up discussions with members of the City's staff, indicate that although the City's Code provides for a finding of violation in the event an automobile is abandoned or inoperable, the Codes have no provision for enforcement that include removal of the vehicle at the owner's expense. There may be other historical information, not presented in this chronology and not available at the time of the drafting of this report. The presence of an abandoned or inoperable vehicle on property not properly zoned and permitted to store such vehicles does constitute a hazard to the health, safety and environmental protection of the residents and the City of Atlantic Beach. City Code, Chapter 24, Article II, Section 24-17 defines an abandoned vehicle as "any junked, discarded, or inoperable Item 10A January 9, 2017 BUDGET: RECOMMENDATION: ATTACHMENTS: motor vehicle, including any boat, motor, trailer and the like, with a mechanical or structural condition that precludes its ability for street travel or its intended use, or one that is dismantled, discarded, wrecked, demolished or not bearing current license tags." An older Ordinance, Ordinance 7 5-88-7 which is no longer effective, actually authorized the Code Enforcement Officer to remove abandoned property at the expense of the owner. It is the understanding of this Commissioner this enforcement option is no longer available to ensure compliance with the Codes and Ordinances of the City of Atlantic Beach. Based on the recently proposed (12th of December 2016) "Ordinance ofthe City ofAtlantic Beach creating a pilot program for permitting backyard hens.... " and the absence of any cost associated with the drafting of that particular ordinance nor any budgetary impact as set forth in that recommended action by the City Manager and his staff, it is anticipated there would also be no budgetary impact to draft this proposed Ordinance. It is recommended for the City Commission to direct the City Manager to work in concert with the City Attorney and the City Manager's staff to draft an Ordinance for presentation to the City Commission for consideration and possible ratification at the regularly scheduled City Commission meeting of the 23rd of January 2017. 1. Pertinent sections of the Minutes of the City of Atlantic Beach, Florida, City Commission meeting, of the 10th of October 2016: 2. Pertinent sections of the Minutes of the City of Atlantic Beach, Florida, Code Enforcement Board meeting of the 9th of November 2016: 3. Pertinent copies of the Article II, Section 24-17, Definitions, that pertain to abandoned vehicles: 4. Any pertinent sections of the City of Atlantic Beach Charter, Code of Ordinances or Resolutions addressing abandoned vehicles currently active and enforceable: 5. Copies of Ordinance 75-88-7: 6. Copies of an example Ordinance from the City of Jacksonville Beach, Florida, Ordinance 93-7559; 7. Copies of example language from the City of Neptune Beach, Florida, Code of Ordinances, Section 22-35-Junked, abandoned property. Item 10A January 9, 2017 PRESENTATIONS: None at this time. APPROVAL: Approved to form and correctness by: John M. Stinson, City Commission, Seat No.2 Item 10A January 9, 2017 Attachment 1 October 10, 2016 DRAFT REGULAR COMMISSION MEETING Page3 City by providing supplies and equipment for the fields. She believes they serve more citizens than any other activity in the city and they plow more money back into the city facilities than any other 50l(c)(3) organization in the city and suggested their contract be renewed at an annual cost of$10.00. Sharette Simpkins, 354 19th St., stated she is disgusted about how code enforcement works for Atlantic Beach. She noted she has been in the same house for 30 years and has seen things go haywire. She gave examples of how the City handled her complaints, noting she has been writing complaint letters since 1999 and is still dealing with the same problem. She read from a letter she wrote to the Mayor on July 13, 2016 regarding several complaints she had submitted to the City of Atlantic Beach Code Enforcement Office. She further explained why she believes the se!Vices she is receiving from the City is insufficient and would like code enforcement to review the Code and make necessary changes. . Bt·oolce Anderson, 824 Sherry Dr., parent of a child who has benefitted from Aine Healy Richardson's program, spoke in support of the First Act program being at the Adele Grage Theater. She thanked the Commission for listening and valuing the desires of Atlantic Beach residents. She also thanked Commissioner Stinson for being action-oriented and for coordinating a meeting with the appropriate stakeholders to rapidly coming up with a solution that allows First Act to return to their home theater. She expressed gratitude to Mayor Reeves for his handling of the weather emergency and for his capable leadership and desire to serve the citizens. Judy Hulett, 1100 Seagate Ave., Neptune Beach, president of ABET, thanked the Commission for always supporting ABET. She explained what ABET does for the City. They offer the community local theater; they bring people into the City; and they entered into an agreement with the City for a grant where they pledged $25,000 for improvements to the building which will benefit everyone, if the grant is received. She stated they do try to make sure others can use the building as well for things such as weddings and Songwriters. She is proud that the City supports and appreciates the theater for their citizens. City Clerk Bartle read the names and comments from the citizens who did not want to speak as follows: Ingrid McCawley, 345 4th St., supports First Act's utilization ofthe Adele Grage Community Center for the benefit of our community. Mary Di Matthew, 901 Ocean Blvd. #10, supports First Act. Sally Clemens, 1638 Park Terrace West, supports Item 8C. Anne Marie A wad, 2254 Barefoot Trace, supports First Act. No one else from the (lUdience spoke so Mayor Reeves closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meetings A. Establishing the Beautification & Natural Resource Preservation Advisory Committee and Appointing the Members. Mayor Reeves asked that each Commissioner present two names for membership on the Committee and explained that Commissioner Waters submitted hers to the City Clerk which she will report. The names were given as follows: Commissioner Waters~ Linda Lanier and Bruce Andrews Commissioner Stinson -Mike Barno and Sarah Andrew Dark Commissioner Hill -Tim Anderson and Don Ford Commissioner Harding -Dawn Scott Commissioner Harding tried choosing John NQvember as his second name but Mayo•· Reeves advised him that Mr. November has already been appointed. After brief discussion, he decided to yield the Item 10A January 9, 2017 Attachment 2 16-345 EVGENY CHERNAYAK IPMC. 12-1 (b)(3) Rubbish, filth Nuisance TRUSTEE Sec. 24-173(b)(l) Outside storage 1350 TULIP ST IPMC Sec.301.3 Vacant Structures & Land Ms. White presented the case, stating there were several violations on this case, but most have been resolved. She stated the two remaining violations are the nuisance Sec. 12-1 (b)(3) Rubbish and filth, and Sec. 24-173 (b )(1) Outside storage. She stated as soon as she sent Mr. Chemayak the letter citing him for all the violations he took care of them, with the exception of these two violations. She said Mr. Chemayak is here to address the Board. Evgeny Chernayak, explained this is an investment property and the tenants did not keep up the property and he had to evict them. He stated he is planning to clean up the rest of the property within the next two weeks. Staff recommends the Board find the property owner in violation and orders that compliance be achieved by removing all discarded lumber, trash, debris, and building materials from the yard by November 21, 2016 or a fine of $100.00 be imposed for the first day and $100.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Chair de Luna asked Mr. Chemayak if he understood the recommendation and Mr. Chemayak affirmed that he will be able to complete the work by November 21, 2016. Motion: The Board adopts the staff recommendation. Moved by Sasser, Seconded by Lombardi The motion was approved unanimously. 16-283 KENNETH ALLEN IPMC SEC. 302.8 Motor Vehicles WEATHERBY IPMC SEC. 302.4 Weeds 35119TH ST SEC. 12-1 Nuisances (b) Ms. White presented the case, stating Mr. Weatherby called her this afternoon to let her know he had a conflict and could not make tonight's hearing. She read the violations and presented photos of the property, noting the position of the left front tire of the vehicle, which remained constant throughout the photos. She stated there is a lot of debris in the yard and it is in really bad shape. She spoke to Mr. Weatherby today about the vehicle and he knows it has to be moved, it has not been moved since July. Mr.Weatherby stated it had a dead battery. She stated he knows he has to move the vehicle and finish cleaning up the yard. She stated he told her he would take care of it and call her when it was done, and she let him know she would relay this to the Board. Staff recommends the Board find the property owner in violation and orders that compliance be achieved by removing the inoperable vehicle from the premises and mowing and cleaning the yard by November 21, 2016, or making the vehicle operable and moving it or a fme of $200.00 be imposed for the first day and $200.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Sharette Simpkins, 354 191h Street, stated she lives across from this property and it has been an eyesore for twenty-five years. She stated she has put in complaint after complaint and nothing has been done. She stated the car has been sitting there forever, more than two or three years, because he bought a new one. She stated she knows someone is there, she sees him come in and out sometimes. She stated he has a screen door on his front door that stays open continuously. She stated people will ask her if anyone lives there, and she tells them yes, but they are not taking care of their property. She said her property is too valuable for someone to be living across the street from her like this and she hopes this will be resolved or that he will be fined. Draft Minutes of the Code Enforcement Board on November 9, 2016 Page 5 of 8 Item 10A January 9, 2017 Attachment 2 Motion: The Board adopts the staff recommendation. Moved by Norman, Seconded by Glasser Mr. Sasser asked if the vehicle has a current tag and Ms. White stated it initially had an expired tag but it is now current. Mr. Sasser stated we could have it towed if it was not current and Ms. White stated the City does not have a tow ordinance to tow cars. The motion was approved unanimously. 16-372 KEVIN LUNNEY Sec. 24-163 (b )(2) Heavy Vehicle 322 EAST COAST DR Sec. 24-163 (b)(2) Heavy Vehicle Store Ms. White presented the case, stating this property is actually a duplex owned by Kevin Lunney of Brooklyn, New York. She read the violations and presented photos of the property, stating he initially had two boats in the front yard setback, but one was removed after she cited him. She stated she has not had contact with anyone regarding this violation. She stated he received and signed for the NOH on September 24, 2016. Staff recommends the Board find the property owner in violation and orders that compliance be achieved by removing the boat stored in the front yard and cease future storage of boats in the front yard by November 21, 2016 or a fine of $100.00 be imposed for the first day and $100.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Ms. Glasser asked how long residents are allowed to keep a boat parked in the driveway. Ms. White explained they must be fifteen feet back from your property line and perpendicular to the property, so the front yard is clear. Motion: The Board adopts the staff recommendation. Moved by Lombardi, Seconded by Hansen Mr. Sasser asked if the property owner accepted notification in New York, and Ms. White said yes. The motion was approved unanimously. 16-387 FEDERAL NATIONAL Sec. 24-163 (b )(2) Heavy Vehicle Store MORTGAGE ASSO IPMC Sec. 304.3 Premises Identification 1365 VIOLET ST Ms. White presented the case, noting there are several violations listed on the report that have nothing to do with this case, they are merging incorrectly. She stated this has been a nuisance property in violation of Sec. 24-163 (b )(2) Heavy Vehicle Storage and IMPC Sec. 304.3 Premises Identification. She stated the property was in violations, but they have cleaned it up and it is now compliant. She stated this was a foreclosure and the bank has title to it now. She stated they received and signed for the NOH on October 11, 2016. Staff recommends the Board find the property owner in violation for the time in violation and now in compliance. Motion: The Board adopts the staff recommendation. Moved by Sasser, Seconded by Glasser The motion was approved unanimously. Draft Minutes of the Code Enforcement Board on November 9, 2016 Page 6 of 8 Item 10A January 9, 2017 Attachment 3 Atlantic Beach Code Sec. 24-16.-Construction of language. The following rules of construction shall apply to the text of this chapter: (a) The particular or specific shall control the general. (b) In case of any difference in the meaning or implication between the text of this chapter and any caption or illustrative table, the text shall control. (c) The word "shall" is always mandatory and not discretionary. The word "may" is permissive. (d) "Building" or "structure" includes any part thereof, and these terms may be used interchangeably. (e) The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for." (f) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either ... or," the conjunction shall be interpreted as follows: (1) "And" indicates that all the connected items, conditions, provisions or events shall apply. (2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. (3) "Either/or" indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination. (g) The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. (h) In the event that the provisions, as set forth within this chapter, conflict with those of any other federal law, Florida Statute, local ordinance, resolution or regulation, including the comprehensive plan for the City of Atlantic Beach, or any other applicable law, the more stringent standard, limitation or requirement shall govern to the extent of the conflict, and further provided that such other requirement is not in conflict with the adopted comprehensive plan. (i) Any reference to Florida Statutes, the Florida Administrative Code, the Florida Building Code, and any other federal, state or local ordinance, resolution or regulation shall mean as in effect at the time such is applied, including all amendments made effective after the initial effective date of these land development regulations. Definition of Abandoned Vehicle per AB Code Sec. 24-17.-Definitions: "Abandoned vehicle shall mean any junked, discarded, or inoperable motor vehicle, including any boat, motorcycle, trailer and the like, with a mechanical or structural condition that precludes its ability for street travel or its intended use, or one that is dismantled, discarded, wrecked, demolished or not bearing current license tags. No such vehicle shall be parked or stored openly in any zoning district unless expressly permitted within that zoning district. " Page 1 Item 10A January 9, 2017 Attachment 4 Sec. 21-24.-Abandoned, wrecked, junked or inoperative property, etc.-Declared unlawful; exception; nuisance declared. Florida Statutes Chapter 705 is hereby adopted by reference as if fully set forth herein. (Ord. No. 75-04-16, § 1, 9-13-04) Sec. 21-25.-Removing and impounding. Members of the department of public safety of the city are hereby authorized to remove and shall cause to be removed any vehicle from any street or alley or right-of-way within the city to a public garage or other place of safety under circumstances enumerated in this article: (a) When a vehicle is left unattended: (1) On a sidewalk; (2) Within seven (7) feet of a public or private driveway upon complaint; (3) Within fifteen (15) feet of a fire hydrant; (4) Within an intersection; (5) On a crosswalk; or (6) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. (b) When any vehicle is left unattended at any place where official signs or markings on the curb prohibit parking, stopping, or standing. (c) When any vehicle is left unattended upon any street or right-of-way for a period of time longer than seventy-two (72) hours. (d) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to traffic, or the person in charge of the vehicle is, by reason of physical injury or condition, incapacitated to such an extent as to be unable to provide for its custody or removal. (e) When any vehicle is left unattended upon a street or alley and is so parked illegally, or the vehicle constitutes an obstruction to normal movement of traffic. (Ord. No. 75-04-16, § 1, 9-13-04) State Law reference-Establishment of rotating wrecker call list, § 21-50. Sec. 21-26.-Same-Towage and storage charges. Any and all towage and storage charges reasonably due the operator of the garage or place where the vehicle under provisions of this article, shall constitute a lien against the vehicle. The operator of the garage or other place the vehicle is stored is hereby authorized to hold the vehicle until the towage and storage costs are paid by the owner of the vehicle, or, in his behalf, the operator; provided, that in no event shall the city or any officer; employee or department of the city be liable for the charges and costs by reason of their enforcement of this section. Ord. No. 75-04-16, § 1, 9-13-04) State Law reference-Charges for towing and storage,§ 21-51. Page 1 Item 10A January 9, 2017 Attachment 4 ARTICLE VIII. -PROPERTY MAINTENANCE CODE Sec. 6-120.-Adoption. There is hereby adopted, basic minimum housing standards deemed essential for safe, healthful living, that certain code known. as the International Property Maintenance Code, most current edition, published by the Southern Building Code Congress International, Inc. (Ord. No. 25-89-21, § 1, 6-12-89; Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, § 1(6), 4­ 22-96; Ord. No. 25-98-30, § 1, 6-22-98; Ord. No. 25-08-38, § l.A.(4), 2-25-08) Sec. 6-121.-Amendments. The following sections of the IPMC [International Property Maintenance Code] are hereby revised as follows: (a) Section 101.1 Title. Insert:" The City of Atlantic Beach." (b) Section 102.3 Application of other codes. Amend to delete International Building Code, International Fuel Gas Code, International Mechanical Code and the ICC Electrical Code and replace with "State of Florida Building Codes and the National Electrical Code." (c) Section 103 Title. Amend to read: "Building Department and Code Enforcement Division." (d) Section 103.1 General. Amend to read: "The building department and code enforcement division shall be designated to enforce the provisions of this code." (e) Section 103.5 Fees. Delete this section. (f) Section 11 0.1 General. Delete "for a period of two years" and replace with "6 months." (g) Section 110.3 Failure to comply. Add sentence to state: "All administrative costs to the City of Atlantic Beach shall be considered when determining total cost of demolition." (h) Section 111.1 Application for appeal. Amend to read: "Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Code Enforcement Adjustments and Appeals Board, provided that a written application of appeal is filed within 20 days after the day of the decision, notice or order was served." (i) Section 302.4 Weeds. In the first sentence, delete "Uurisdiction to insert height in inches)" and substitute "12 inches." U) Section 304.14 Insect Screens. In the first sentence, delete "[date] to [date]" and substitute "March 1 to December 1." (k) Section 602.3 Heat Supply. "November 1 to March 31." In the first sentence, delete "[date] to [date]" and substitute (I) Section 602.4 Occupiable workspaces. substitute "November 1 to March 31." In the first sentence, delete "[date] to [date]" and (Ord. No. 25-08-40, § 1, 8-25-08) Sees. 6-122-6-140.-Reserved. Page 1 Item 10A January 9, 2017 Attachment 4 CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of' this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main­ tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the require­ ments of this chapter. Occupants of a dwelling unit, rooming unii or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu­ pant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condi­ tion. 302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any struc­ ture located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from haz­ ardous conditions. 302.4 Weeds. Premises and exterior property shall be main­ tained free from weeds or plant growth in excess of [JURIS­ DICTION TO INSERT HEIGHT IN INCHES]. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of viola­ tion, any duly authorized employee of the jmisdiction or con­ tractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodent harborage. Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall ~e promptly extermi­ nated by approved processes that will not be injurious to human health. Mter pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent rein­ festation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blow­ ers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regula­ tions, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no yehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehi­ cles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be main­ tained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely suiTounded by a fence or barrier not less than 48 inches (1219 mrn) in height above the fin­ ished ground level measured on the side of the banier away from the pool. Gates and doors in such barriers shall be self­ closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE"' 11 Item 10A January 9, 2017 Attachment 5 ORDINANCE NO. 75-88-7 . ·, ·­ AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21, ARTICLE II, DIVISION 1, SECTION 21-24(a) TO PROVIDE FOR ADOPTION BY REFERENCE OF FLORIDA STATUTES, CHAPTER 705 IN ITS ENTIRETY; AMENDING SECTION 21-24 TO PROVIDE A NEW SUBPARAGRAPH (a)(l) PROVIDING PROCEDURES FOR THE REMOVAL OF ABANDONED PROPERTY FROM PRIVATE PROPERTY; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA Section 1. Chapte't 21, Article II, Division 1, Section 21-24(a) is hereby amended to read as follows: CliAPTER 21 TRAFFIC AND MOTOR VER!CLES ARTICLE II. STOPPING, STANDING AND PARKING DIYISION 1. GENERALLY Section 21-24. Abandoned, Wrecked, Junked, Inoperative, Property, etc, -Declared unlawful; Exception; Nuisance declared. (a) Abandoned. Property •. Florida Statute Chapter 7-Q§..-J:.e..,--see-t:-,i--e:a ·fl·1--~·el:1:gfi-{-81 ·chapter 705 is hereby adopted by reference in its entirety as if fully s.et forth herein, ~lte-f7.1!'6'¥4-&.i.-efl:S--ef :t:hfs--Gha-p:&e~-74-S..J.-6-~-J:te.J;'eift-saall-ae:t:-af'f'±y-:t:e-ea:i:El ebaaEleRefr-~1'6fl~4;-y~:i:?-t:-lte-s-am.e-4s-eemp±et-eJ:y-e:ae±esee-w4:t-a:i:a-e bti4±8:fa-~-e'f-~ee s it :j:-s-tl-t:-4:±4:~efi.,-4..R-~:.en--w-:i:-t-h--a:-el:ts4:­ a-ess-ea-t~'l!.':i:ee-±aw~~±±y-s:i:tl:tete4-aR4-±:i:eeaee4-fer-saae~ (1) Abandoned· property on private property; Procedures for · removal ·thereof~ a. · 'Whenever ...the: ·enfor-cement · off;t.cer, Atlantic Beach police ·of:t:tceJ:' ..or-Atlant:t.c..:Beach-code enforcement officer, shall ast.ertain..: ·that-: ·an.-. a:rt'i_cle · or articles· of ·abandoned p:tope:dy.: ·a.:re: ... pre.s·ent· · on ·private property ·within the ·1-il'!iits .: ·e-f: -·Atlan"tic .·.Beach ·in violation· of any zoning ordinance.: or - . regulation~ anti-'litter · · ordinance or regulation~.. or· otlfer similar ordinance or· regulation of Atlant;i.c Beat.b',-·the .e.nfor·cetn.ent officer shall cause a .. ·not:tce-.to be: :placed-upon such article in substantially the following·form: ·'NOTICE·: TO· TRE-·OWNER AND ALL PERSONS INTERESTED IN THE . ATTACHED-PROPERTY~ . :This ·property, to wi.t: (setting forth -l'irief .. -descr-ip-t-ion) ·located at (setting forth brief -desc-r::t:ption ··of· .locatHm) · is: improperly stored and· is in violi:i.t:i,on·Of·(s.et fotth'ord;i.rtance or regulation violated) Item 10A January 9, 2017 Attachment 5 and must be removed within ten (1 0) days or, if the property is a boat, thirty (30) days from date of this notice; otherwise it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Atlantic Beach. If the property is a motor vehicle or boat, the owner will be liable for the costs of removal and destruction. Dated this: (Set forth date of posting of notice). Signed: (Set forth name, title, address and telephone number of enforcement officer). Such notice shall not be less that eight (8) inches by ten· (10) -inches· and shall be sufficiently weatherproofed to withstand rtormal·exposure to the elements for a period of· ten· Clays. · In addition to posting the notice, and on or-befoi:e · the· date· of posting, the enforcement officer shall man· a c·opy' of the notice to the owner of the real property tipdrt-which the abandoned articles are located as shown.::o-y· -the ~e·al ·e:state tax record used by the City of · 'Atlarttic-~Beadh~ ·and ·u the abandoned property is a motor · vehidle-' or · :boat; · shall · ma:ke a ·reasonable effort to · · asce:ttairt ·-the-name and address of the owner and shall · mail a copy ·of ·the notice to such owner. · b~ · · ·u ..at .. the ertd-' Of.. ten (10) days (or if the property is a · ·ooat;--thirty · (3:0): .·day$) · a'fter posting such· notice, the -owne-r-o<r any~-person ·tnte:rested irt the abandon·ed article · or .. ar-t-iCles: descrthed ::in ·such rtotice has not. removed the -·article oi:--art'i:cle:s-and· compLted with the ord'irtance or · ·regulation~ cited. ·tn ·the· notice, the enforcement officer may.: cause-: t-he art·i:cl'e· or articles of abandoned property to ·be -removecL and· :destroyed. The salvage value, if any, of· Eh.ich.:atticle :or a-rticles ·shall be retained by the City · of.: At:la:n:d;c--Be·ach ·to be .applied against the cost of removal·~.and . -de-s:t'rtfc't'i:on.·. thereof·~ .unless the .cost of · removal-'-and .:d;es·t:ruct":ton ·is· pa:t.d· ·by· the ·ower; in which case· -t-he . -salvage.: value may be deposited ;tn the 'local goverrtmertt general ·fund~ (b) Nuisance Declared. To accumulate or store one (1) or more of such vehicles-on public or private property shall constitute a nuisance detrimental to the health~ safety and welfare of inhabitants of· the city, and it shall be the duty of the registered owner of the vehicle, and the property upon which the vehicle is located to remove the vehicle from the city limits, or to have the vehicle housed in a building where it will not be visible from the street. Section 2. This Ordinance shall take effect upon its adoption. ,,.-..,.,. Item 10A January 9, 2017 Attachment 5 Passed by the City Commission on first reading August 8, 1988 ·-------------------------­ Passed by the City C-ission ~be~,.. 1988. William s. Howell, Mayor, Presiding Officer Approved as to form and correctness: ~i-~~Claude L~ Mullis, C1ty Attorney ATTESTi. Adelaide R. Tucker, City Clerk ,,..._., . . _Aug. 22. 2012 2:50PM Ci t y ot J ax He ac h P &U 1~0. 0~~1 r. 1 ,. Attachment 6 Item 10A January 9, 2017 Introduced by:em~ncilman Marsden l~t Reading;~2~/1~5~/~9"3~--------- 2nd Reading' :__,3~/~0!.:!l:L./..«:9:.!3_______ ORDINANCE NO. 93-7559 AN Oa.DINANCE ~0 Jll.f1'.:ND CIUP!rER 14 JUNKED r 1U3ANDONED PRDJ.l'ER:rY OF !I?BE CODE OF ORDINANCES OF !L'lre Ct~Y OF JACKSONVlLLE B~R, FLORIDA. SEC~ION 1. That Chapter 14 --Junked, Abandoned Property of the Code of Ordinances of the City of Jacksonville Beach, Florida, be and the same is hereby amended, and as amended shall henceforth read as follows: Chapter· 'l4 JTJNtam, ABANDONEO PROPJ::RT1. ARTICLE I. :tN GENERAL s-eca. 14-1 14-15. ~ese~ed. Aru:l:CLE II • JlJIDWD 1 ABANDONED VEBI~S sao. 14-16. llefinitions. The following qefinitions sha~~ app~y ~n the ~nte~pretation and enforcement of this article; l:noperable motor vehicle shall :mean' <!.motor yehicle whir;h <;Ioes not have a valid and current motor veh~cle l~cense tag af:fJ.xed thereto •. However, this shall not apply to motor veh~cles located on private property owned or leased by a new or used automobile dealer possessing a current 1 valid City of Jacksonville Beach occupational license; nor shall this. definition apply to any antique or collector vehicle that is registered with the state, pursuant to Chapte~ 3Z0.086, F.S. Motor vehicle shall mean a vehicle or conveyance which is self­ propelled and des~gned to travel along the ground. ~his includes 1 but is not limited to, automobiles, buses, mopeds, motorcycles, trucks 1 tractors, go-oarts, go~f carts, campers, motorhomes 1 and t~ailers. Private property'shall mean any real property within the City that is privately owned and which ia not defined as public property herein. Public property shall mean lands and improvements owned by the ~ederal · gover~elit 1 the state, a county or municipality and J.ncludes sovere.J.gnty submerged lands located adjacent to the county or municipality, beaches, buildings, grounds, parks, playgrounds, · streets, sidewalk~'· parkW'ays, rights of way 1 and similar publicproperty. W~e~ked motor vehicle shall mean any motor vehicle of which. the s:ondJ..t.J.on is wrecke~,·dism"';;ltled, partially dismantled, inoperable, :tn<;apable of opera.tl.on by l.ts own power ·On a publ.ic street or from whl.ch the whee+a, ·engines, transmission, or any ·substantial partther~of has been removed. · . Sec. 14-17. InOJ>)erable or wrecked motor vehicle 1 parking or storage prohibited. · No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise shall allow any inoper~le or m:ecked motor vehicle to remain ' on any 1 .. ._._,._,~,.,~ow·,.--,--~-~--~----··~-·=~--~...__..__..,.,_____....._._,_-=-=---·~•------~---~---~-------------------------·---­ Aug. 22. 2012 2:50PM City of Jax Beach P&D NO. ont r. L Item 10A January 9, 2017 Attachment 6 private or public property within city long~r than seventy-two (72) hours; and no person shall leave any such vehicle on any property within the city for ·a longc;l:t' tilne than seventy-two (72) hours; except that this article sh~ll no~ ~pply to a vehicle in a fully enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and mannerr when necessary to the operation of such busineas enterprise; or a vehicle in an appropriate storage place or depositox:y maintained in a lawful place and manner hy the city. Sec. 14-18. ~uisance declared. 'l'o accumulate or store one (1)" .or more of such· vehicles on public or private property shall constitute a nuisance detrimental to the health, safety an9 welfare of inhabitants of the city, and it shall be the duty of the registered owner of vehicle, and the property upon which the vehicle is located to remove the vehicle from the city l:i.mits 1 or to have the vehicle housed in a completely enclosed building. ' Sec. 14-19. . Abandoned prope~y on privat~ p~operty, ~rocedures for removal thereof. (a) Whenever the enforcement officer, Jacksonville Beach police officer, Jacksonville Beach community service officer or Jacksonville Beach code enforcement officer, shall ascertain that an article or articles of abandoned property are present on private property within the limits of Jacksonville Beach in violation of any land development code, nuisance ordinance or regulation, or other similar ordinance or regulation o! Jacksonvi~le Beach, the enforcement officer shall cause a notice·to be placed upon such article in substantially the following,for.m; • NOXlCE XO TBE OWNER ~D ALL PERSONS INTERESTED IN THE ~TTACBED PROPERTY. This property 1 to wit: (setting forth hrie£ description) located at {setting forth brief description of location) is improperly stored and is in violation of (set forth ordinance or regulation violated) and must be removed within ten (10) days from date of such notioei otherwise it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Jacksonville Beach. If the property is a motor vehicle or boat, the owner will be liable for the costs of removal and destruction. Dated this: (set fo~h date of posting of notice) Signe~: (set forth name, title, address and telephone number of enfcrcament officar.) . Such notice shall not be less than eight (8) inches by ten (10) . l.nches and shall be s1.1£ficiently weatherproofed to withstand no.r:mal exposure to the elements for ten (10) days. (b) In a case whe:t:e conditions exist which make it difficult or dangerous for an enforcement office to post the article of aban~o~ed pr~pertyr the enforcement officer may provide ~otice by cert~fl.ed mal.l to the owner of the real property upon which the abandoned articles are located as shown by the most recent real ~state tax record available to the City of Jacksonville Beach 1 and l.:f t~e abandoned property is a motor vehicle or boat, shall make a reasonable effort to ascertain the name and address of the owner and ahall mail a copy of the notice to su~h owner • . (o) If at the end of ten (10) days after posting in accordance w~th.p~ragraph (a) or acknowledgment of receipt of a notice by certl.fl.ed :mal.lr the owner or any person interested in the abandoned article or articles described in such notice has not removed the 2.· . ...~..... -----·------­ A.u.g._22. 2012 2:50PM City of J~x Beach P&D NO.O~?I r. J Attachment 6 Item 10A January 9, 2017 artic~e or articles and complied with the ordinance or regulation cited in the notice, the enforcement office~ may cause the article· or articles of abandoned pr'operty to be removed and destroyed. The salvage value 1 if any, of ·such article or a.rt.icles shall be retained by the City of Jacksonville Beach to he applied against the cost of removal and de$t~ation thereof, unless the cost o£ removal and destruction is paid by the owner, in which case the salvage value rnay be depos;~..ted in the local government general fund. Sac. 1.4-20. Impounding The city man~ger; or a police o££icer 1 collllilunity service officer or code enforcement officer; or any other City employee designated by the City Manager, is hereby authorized to remove or have removed any vehicle left at any 'place within the c.ity that reasonably appears to be in violati.on of this article or lost, stolen or unclaimed. Such vehicle shall be .im;pounded until lawfully claimed or dispo~ed .of according to the law. SEC!riON 2. That all ordinances or parts of ordinances in conflict herewith be and the same are 1 to the extent that the same may he in conflict, herehy repealed. · SEC!I!ION 3 • Thi's ordinano.e shall take effect i.:m.mediately. AU!!!RENTICA!I!ED !!!HIS ~DA'I OF' ~Mwa...,r...c""b....____~; A~:P. 1993. <Reid ? •.McCormick, MAYOR ~ :. : ;~~~~~~......: . } ... : '-~~ .Bruce Corbittr CITY C~RK :·. ·:: ·, .' ·.···..... : ·. ,.1 :· . .~. ;:~: .. . . } . •'. !' Item 10A January 9, 2017 Attachment 7 Sec. 22-35.-Junked, abandoned property. (a) Definitions. The following definitions shall apply in the interpretation and enforcement of this article: Inoperable motor vehicle shall mean a motor vehicle which does not have a valid and current motor vehicle license tag affixed thereto. However, this shall not apply to motor vehicles located on private property owned or leased by a new or used automobile dealer possessing a current, valid City of Neptune Beach occupational license; nor shall this definition apply to any antique or collector vehicle that is registered with the state, pursuant to F.S. ch. 320.086. Motor vehicle shall mean a vehicle or conveyance which is self-propelled and designed to travel along the ground. This includes, but is not limited to, automobiles, buses, mopeds, motorcycles, trucks, tractors, go-carts, golf carts, campers, motor homes, and trailers. Private property shall mean any real property within the city that is privately owned and which is not defined as public property herein. Public property shall mean lands and improvements owned by the federal government, the state, a county or municipality and includes sovereignty submerged lands located adjacent to the county or municipality, beaches, buildings, grounds, parks, playgrounds, streets, sidewalks, parkway, rights of way, and similar public property. Wrecked motor vehicle shall mean any motor vehicle of which the condition is wrecked, dismantled, partially dismantled, inoperable, incapable of operation by its own power on a public street, or from which the wheels, engines, transmission, or any substantial part thereof has been removed. (b) Inoperable or wrecked motor vehicle, parking or storage prohibited. No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any inoperable or wrecked motor vehicle to remain on any private or public property within the city longer than seventy-two (72) hours; and no person shall leave any such vehicle on any property within the city for a longer time than seventy-two (72) hours; except that this article shall not apply to a vehicle in a fully enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city. (c) Nuisance declared. To accumulate or store one (1) or more of such vehicles on public or private property shall constitute a nuisance detrimental to the health, safety and welfare of inhabitants of the city, and it shall be the duty of the registered owner of vehicle, and the property upon which the vehicle is located to remove the vehicle from the city limits, or to have the vehicle housed in a completely enclosed building. (d) Abandoned property on private property, procedures for removal thereof. (1) Whenever the enforcement officer, Neptune Beach Police Officer, or Neptune Beach Code Enforcement Officer, shall ascertain that an article or articles of abandoned property are present on private property within the limits of Neptune Beach in violation of any land development code, nuisance ordinance or regulation, or other similar ordinance or regulation of Neptune Beach, the enforcement officer shall cause a notice to be placed upon such article in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY This property, to wit: (setting forth brief description) located at (setting forth brief description of location) is improperly stored and is in violation of (set forth ordinance or regulation violated) and must be removed within ten (1 0) days from date of such notice; otherwise it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Neptune Beach. If the property is a motor vehicle or boat, the owner will be liable for ·the costs of removal and destruction. Page 1 Item 10A January 9, 2017 Attachment 7 Dated this: (set forth date of posting of notice) Signed: (set forth name, title, address and telephone number of enforcement officer.) Such notice shall not be less than eight (8) inches by ten (1 0) inches and shall be sufficiently weatherproofed to withstand normal exposure to the elements for ten (1 0) days. (2) In a case where conditions exist which make it difficult or dangerous for an enforcement officer to post the article of abandoned property, the enforcement officer may provide notice by certified mail to the owner of the real property upon which the abandoned articles are located as shown by the most recent real estate tax record available to the City of Neptune Beach, and if the abandoned property is a motor vehicle or boat, shall make a reasonable effort to ascertain the name and address of the owner and shall mail a copy of the notice to such owner. (3) If at the end of ten (1 0) days after posting in accordance with paragraph (a) or acknowledgment of receipt of a notice by certified mail, the owner or any person interested in the abandoned article or articles described in such notice has not removed the article or articles and complied with the ordinance or regulation cited in the notice, the enforcement officer may cause the article or articles of abandoned property to be removed and destroyed. The salvage value, if any, of such article or articles shall be retained by the City of Neptune Beach to be applied against the cost of removal and destruction thereof, unless the cost of removal and destruction is paid by the owner, in which case the salvage value may be deposited in the local government general fund. (e) Impounding. The city manager; or a police officer, or code enforcement officer; or any other city employee designated by the city manager, is hereby authorized to remove or have removed any vehicle left at any place within the city that reasonably appears to be in violation of this article or lost, stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of according to the law. (Ord. No. 88-2-3, § 1, 3-21-88; Ord. No. 2003-09, § 1, 10-20-03) Page 2 Item 10B January 9, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: SUBMITTED BY: REPORT DATE: BACKGROUND: Salary Administration Plan Revisions John M. Stinson, Commissioner, Seat No.2 19th of December 2016 On the 26th of September 2016, the City of Atlantic Beach, City Commission was presented and approved the FY 2016 j 2017 Budget. The referenced budget included the following: 1) An increase for personnel services of $806,694.00; 2) The addition of (3) new positions; 3) A 3% merit raise and a 1 o/o COLA; 4) A 10% increase in health insurance premium costs; 5) An additional $79,278.00 in pension costs. The total cost of personnel services for the FY 2016 / 2017 budget is projected to be $10,482,633.00. The increase in payroll costs is projected to be $220,494.00. After approval of the budget, it became known to the sponsor of this recommendation that the City currently employs 11 personnel that have achieved their maximum compensation for their pay grade and who have little or no significant career development opportunities to advance to a higher pay grade. Of the 11 employees, 3 are governed by the police union contract, and the salary cap for their pay grade has been removed as a condition of the union contract. Of the remaining 8 employees, the shortest length of service to the City of Atlantic Beach is 21 years and 9 months and the greatest length of service is 40 years and 3 months (as of October 2016). There may be other historical information, not presented in this chronology and not available at the time of the drafting of this report. Item 10B January 9, 2017 JUSTIFICATION: Employee retention is critical to obtaining and maintaining an efficiently run organization. The historical knowledge long term employees have may well be irreplaceable, but certainly invaluable if the employee performs to expectations and utilizes such knowledge to the benefit of the organization. And, a well developed employee performance evaluation and professional development program ensures that employees who do not meet expectations are separated promptly from the organization, to the benefit of both the employee and the organization. Employees who meet or exceed expectations are coached, mentored and developed for future leadership roles within the organization. Good managers who utilize proper evaluation tools, rarely, if ever, have long-tenured employees who remain employed by the organization that may be considered substandard in performance. Understanding the City of Atlantic Beach compensation structure is important to make good judgments concerning compensation changes. Example (The following is an example chosen for ease of understanding and is in no way represented to be an actual example of City of Atlantic Beach Pay Scale, Compensation or any Employee): Salary Grade: AA Minimum Pay Grade AA: $80,000.00 Midpoint of Grade Range: $100,000.00 Maximum Pay Grade AA: $120,000.00. Assume the three following cases: Employee X is at the minimum pay in Grade AA earning a salary of $80,000.00. Using the most recent approved budget compensation increases, this employ.ee's pay range would increase to a minimum of $80,800.00, a midpoint increase to $101,000.00 and a maximum of$121,200.00 based on a 1 o/o COLA at the midpoint of the grade. Additionally, the employee would receive a merit raise of 3% increase of the midpoint of salary grade AA, in other terms, a raise of $3,030.00. The employee receives an overall increase of 3.79%. Item 10B January 9, 2017 Employee Y is at the midpoint of pay in Grade AA earning a salary of $100,000.00. Applying the same percentages used in the prior example, this employee would receive the same $3,030.00 because the increases are calculated using the midpoint of the range. This results in an effective increase in compensation for the employee of 3.03%. Employee Z is at the maximum point of Grade AA earning a salary of $120,000.00. Applying the same percentages used in the prior examples, this employee would only be awarded a COLA increase of $1,200.00 because this employee is at the maximum compensation amount allowed for this grade. This employee in affect receives a 1.00% raise. Thus the questions become one of how long does it take an employee to reach the maximum for his /her particular pay grade; are there adequate opportunities for an employee to advance into a higher pay grade; and, what is the cost benefit analysis of the loss of the employee versus the cost to remove the compensation restrictions for the employee? Using an average of 1% COLA and 3% merit raise, it would take an employee on average, 7 years (using the example above) to reach the maximum compensation for the employee's pay range, assuming a starting point of the midpoint of this pay grade and the employee stays within the initial pay grade and is not promoted. Promotions and career development opportunities tend to be more readily available for lower tier and newly recruited employees than it does for senior level employees, if for no other reason than the City of Atlantic Beach is a small organization relative to its peers or other organizations. Therefore, it should be unlikely for a newly recruited employee to find his or her self stuck in a pay grade and at a maximum compensation rate, except for the application of poor hiring practices. This condition tends to present with employees who have performed at a higher than expected level and have chosen to consider the City of Atlantic Beach their ultimate career path. The answer to the cost benefit analysis lies in the BUDGET section of this recommendation. Suffice it to say, this sponsor believes the budget impact will be negligible. If budget projections are indeed correct, a $7,000.00 increase over the projected $220,494.00 is a 3.17% increase over payroll Item 10B January 9, 2017 BUDGET: RECOMMENDATION: ATTACHMENTS: projections and is an approximate 2/100ths of a percent of the entire budget. Budgetary impact based on the facts presented in the BACKGROUND section above indicates that an approximate $7,000.00 would be required to fund this revision to the compensation system. It is further believed, that based on historical budget performance presented by the City Manager, relative to open positions remaining unfilled during recent fiscal years, that the budgetary impact could be significantly less all while maintaining Personnel Services costs and Payroll costs within the current approved fiscal year budget. It is recommended for the City Commission to direct the City Manager to charge the Director of Human Resources, Ms. Cathy Berry, to review this proposal presented, and to prepare a plan to implement the proposed plan consistent with the intent set forth herein for presentation to the City Commission for approval by the 23rct ofJanuary 2017. The removal of the compensation maximum would apply to employees who have achieved a minimum of 20 years service, have received a performance appraisal supporting continued employment and are currently not receiving compensation increases comparable to approved budgetary increases due to such increases in compensation exceeding the maximum compensation levels set forth for the employee's pay grade. Such compensation increases would be paid out at the end. of each fiscal quarter in the following manner: 10o/o of the overall annual increase paid at the end of fiscal quarter one (31 Dec), 15o/o of the overall annual increase paid out at the end of fiscal quarter two (31 Mar), 25o/o of the annual increase paid out at the end of fiscal quarter three (30 Jun) and the remaining SOo/o paid out at the end of fiscal quarter four (31 Oct). As an alternative to the 20 years of service requirement, 15 years of service could be considered, although, attaining the maximum compensation level for a grade within 15 years might be considered indicative of poorer employee career development management. And currently, the City has no employees that may benefit from this program that have achieved less than 20 years of service. None required. Item 10B January 9, 2017 PRESENTATIONS: None at this time. APPROVAL: Approved to form and correctness by: John M. Stinson, City Commission, Seat No.2